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10 U.S.C. § 7540 — Architectural and engineering services
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Whenever he considers that it is advantageous to the national defense and that existing facilities of the Department of the Army are inadequate, the Secretary of the Army may, by contract or otherwise, employ the architectural or engineering services of any person outside that Department for producing and delivering designs, plans, drawings, and specifications needed for any public works or utilities project of the Department.
**(b)** The fee for any service under this section may not be more than 10 percent of the estimated cost, as determined by the Secretary, of the project to which it applies.
**(c)** Sections 305, 3324, and 7204, chapter 51, and subchapters III, IV, and VI of chapter 53 of title 5 do not apply to employment under this section.
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Source file: Laws/federal/codes/united-states-code/title-10/section-7540-architectural-and-engineering-services--3c8b105567.md
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Source location: Title 10, Chapter 763, § 7540; chapter-763-procurement.md
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**(a)** Whenever he considers that it is advantageous to the national defense and that existing facilities of the Department of the Army are inadequate, the Secretary of the Army may, by contract or otherwise, employ the architectural or engineering services of any person outside that Department for producing and delivering designs, plans, drawings, and specifications needed for any public works or utilities project of the Department.
**(b)** The fee for any service under this section may not be more than 10 percent of the estimated cost, as determined by the Secretary, of the project to which it applies.
**(c)** Sections 305, 3324, and 7204, chapter 51, and subchapters III, IV, and VI of chapter 53 of title 5 do not apply to employment under this section.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means—
(1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense;
(2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and
(3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense.
**(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that—
(1) employs members of the acquisition workforce;
(2) carries out acquisition functions; and
(3) focuses primarily on acquisition.
**(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3001
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Federal law — U.S. Code and appendices · legal_authorities
For the purpose of this subchapter—
(1) “employee” means an employee to whom chapter 51 of this title applies, and a prevailing rate employee, as defined by [section 5342(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5342/a/2&num=0&edition=prelim), whose employment is other than on a temporary or term basis;
(2) “agency” has the meaning given it by [section 5102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5102&num=0&edition=prelim);
(3) “retained grade” means the grade used for determining benefits to which an employee to whom [section 5362 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5362&num=0&edition=prelim) applies is entitled;
(4) “rate of basic pay” means—
(A) the rate of basic pay payable to an employee under law or regulations before any deductions or additions of any kind, but including—
(i) any applicable locality-based comparability payment under section 5304 or similar provision of law;
(ii) any applicable special pay under section 5305 or similar provision of law; and
(iii) subject to such regulations as the Office of Personnel Management may prescribe, any applicable existing retained rate of pay established under section 5363 or similar provision of law; and
(B) in the case of a prevailing rate employee, the scheduled rate of pay determined under section 5343;
(5) “covered pay schedule” means the General Schedule, any prevailing rate schedule established under subchapter IV of this chapter, or a special occupational pay system under subchapter IX;
(6) “position subject to this subchapter” means any position under a covered pay schedule;
(7) “reduction-in-force procedures” means procedures
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Federal law — U.S. Code and appendices · legal_authorities
The Office of Personnel Management is an independent establishment in the executive branch. The Office shall have an official seal, which shall be judicially noticed, and shall have its principal office in the District of Columbia, and may have field offices in other appropriate locations.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The following definitions apply in this title:
(1) The term “United States”, in a geographic sense, means the States and the District of Columbia.
(2) Repealed. Pub. L. 109–163, div. A, title X, § 1057(a)(1), Jan. 6, 2006, 119 Stat. 3440.]
(3) The term “possessions” includes the Virgin Islands, Guam, American Samoa, and the Guano Islands, so long as they remain possessions, but does not include any Commonwealth.
(4) The term “armed forces” means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
(5) The term “uniformed services” means—
(A) the armed forces;
(B) the commissioned corps of the National Oceanic and Atmospheric Administration; and
(C) the commissioned corps of the Public Health Service.
(6) The term “department”, when used with respect to a military department, means the executive part of the department and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of the department. When used with respect to the Department of Defense, such term means the executive part of the department, including the executive parts of the military departments, and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of Defense, including those of the military departments.
(7) The term “executive part of the department” means the executive part of the Department of Defense, Department of the Army, Department of the Navy, or Department of the Air Force, as the case may be, at the seat of government.
(8) The term “military departments” means the Department of the Army, the Department of the Navy, and the Department of the Air Force.
(9) The term
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 101
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Requirement.—**
(1)
(A) Before the Secretary of Defense enters into a contract described in subparagraph (B), the Secretary shall determine whether Department of Defense personnel have the capability to perform the services proposed to be covered by the contract.
(B) Subparagraph (A) applies to any contract of the Department of Defense for advisory and assistance services that is expected to have a value in excess of $100,000.
(2) If the Secretary determines that Department of Defense personnel have the capability to perform the services to be covered by the contract, the Secretary shall conduct a study comparing the cost of performing the services with Department of Defense personnel and the cost of performing the services with contractor personnel.
**(b) Waiver.—** The Secretary of Defense may, pursuant to guidelines prescribed by the Secretary, waive the requirement to perform a cost comparison study under subsection (a)(2) based on factors that are not related to cost.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4509
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Federal law — U.S. Code and appendices · legal_authorities
Page 3091
TITLE 10—ARMED FORCES
§ 7541
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2018 AMENDMENT
Amendment by Pub. L. 115–232 effective Feb. 1, 2019,
with provision for the coordination of amendments and
special rule for certain redesignations, see section 800
of Pub. L. 115–232, set out as a note preceding section
3001 of this title.
§ 7540. Architectural and engineering services
(a) Whenever he considers that it is advan-
tageous to the national defense and that exist-
ing facilities of the Department of the Army are
inadequate, the Secretary of the Army may, by
contract or otherwise, employ the architectural
or engineering services of any person outside
that Department for producing and delivering
designs, plans, drawings, and specifications
needed for any public works or utilities project
of the Department.
(b) The fee for any service under this section
may not be more than 10 percent of the esti-
mated cost, as determined by the Secretary, of
the project to which it applies.
(c) Sections 305, 3324, and 7204, chapter 51, and
subchapters III, IV, and VI of chapter 53 of title
5 do not apply to employment under this sec-
tion.
(Aug. 10, 1956, ch. 1041, 70A Stat. 255, § 4540; Pub.
L. 89–718, § 28, Nov. 2, 1966, 80 Stat. 1119; Pub. L.
95–454,
title
VII,
§ 703(c)(3),
title
VIII,
§ 801(a)(3)(I), Oct. 13, 1978, 92 Stat. 1217, 1222; Pub.
L. 96–513, title V, § 512(16), Dec. 12, 1980, 94 Stat.
2930; renumbered § 7540, Pub. L. 115–232, div. A,
title VIII, § 808(d), Aug. 13, 2018, 132 Stat. 1839;
Pub. L. 118–31, div. B, title XXVIII, § 2881(a), Dec.
22, 2023, 137 Stat. 780.)
HISTORICAL AND REVISION NOTES
Revised
section
Source (U.S. Code)
Source (Statutes at Large)
4540(a) .....
5:221 (1st sentence, less
last 15 words).
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 7540
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