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10 U.S.C. § 4502 — Procurement of contract services: senior officials responsible for management of acquisition of contract services
Federal law — U.S. Code and appendices · legal_authorities
**(a) Senior Officials.—** The management structure implemented pursuant to [section 4501 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4501&num=0&edition=prelim) shall provide for the following:
(1) The service acquisition executive of each military department shall be the senior official responsible for the management of acquisition of contract services for or on behalf of the military department.
(2) The Under Secretary of Defense for Acquisition and Sustainment shall be the senior official responsible for the management of acquisition of contract services for or on behalf of the Defense Agencies and other components of the Department of Defense outside the military departments.
**(b) Duties and Responsibilities of Senior Officials Responsible for the Management of Acquisition of Contract Services.—**
(1) Except as provided in paragraph (2), the senior officials responsible for the management of acquisition of contract services shall assign responsibility for the review and approval of procurements in each contract services acquisition category established under [section 4501(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4501/d&num=0&edition=prelim) to specific Department of Defense officials, subject to the direction, supervision, and oversight of such senior officials.
(2) With respect to the acquisition of contract services by a component or command of the Department of Defense the primary mission of which is the acquisition of products and services, such acquisition shall be conducted in accordance with policies, procedures, and best practices guidelines developed and maintained by the Under Secretary of Defense for Acquisition and Sustainment pursuant to [section 45
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**(a) Senior Officials.—** The management structure implemented pursuant to [section 4501 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4501&num=0&edition=prelim) shall provide for the following:
(1) The service acquisition executive of each military department shall be the senior official responsible for the management of acquisition of contract services for or on behalf of the military department.
(2) The Under Secretary of Defense for Acquisition and Sustainment shall be the senior official responsible for the management of acquisition of contract services for or on behalf of the Defense Agencies and other components of the Department of Defense outside the military departments.
**(b) Duties and Responsibilities of Senior Officials Responsible for the Management of Acquisition of Contract Services.—**
(1) Except as provided in paragraph (2), the senior officials responsible for the management of acquisition of contract services shall assign responsibility for the review and approval of procurements in each contract services acquisition category established under [section 4501(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4501/d&num=0&edition=prelim) to specific Department of Defense officials, subject to the direction, supervision, and oversight of such senior officials.
(2) With respect to the acquisition of contract services by a component or command of the Department of Defense the primary mission of which is the acquisition of products and services, such acquisition shall be conducted in accordance with policies, procedures, and best practices guidelines developed and maintained by the Under Secretary of Defense for Acquisition and Sustainment pursuant to [section 4501 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4501&num=0&edition=prelim), subject to oversight by the senior officials referred to in paragraph (1).
**(c) Duties and Responsibilities.—** In carrying out subsection (b)(1), each senior official responsible for the management of acquisition of contract services shall—
(1) implement the requirements of this section and [section 4501 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4501&num=0&edition=prelim) and the policies, procedures, and best practices guidelines developed by the Under Secretary of Defense for Acquisition and Sustainment pursuant to [section 4501(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4501/b&num=0&edition=prelim);
(2) authorize the procurement of contract services through contracts entered into by agencies outside the Department of Defense in appropriate circumstances, in accordance with the requirements of section 854 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 ([10 U.S.C. 2304](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2304&num=0&edition=prelim) note), section 814 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 ([31 U.S.C. 1535](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1535&num=0&edition=prelim) note), and the regulations implementing such sections;
(3) dedicate full-time commodity managers to coordinate the procurement of key categories of services;
(4) ensure that contract services are procured by means of procurement actions that are in the best interests of the Department of Defense and are entered into and managed in compliance with applicable laws, regulations, directives, and requirements;
(5) ensure that competitive procedures and performance-based contracting are used to the maximum extent practicable for the procurement of contract services; and
(6) monitor data collection under [section 4505 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4505&num=0&edition=prelim), and periodically conduct spending analyses, to ensure that funds expended for the procurement of contract services are being expended in the most rational and economical manner practicable.
**(d) Definitions.—** In this section:
(1) The term “procurement action” includes the following actions:
(A) Entry into a contract or any other form of agreement.
(B) Issuance of a task order, delivery order, or military interdepartmental purchase request.
(2) The term “contract services” includes all services acquired from private sector entities by or for the Department of Defense, including services in support of contingency operations. The term does not include services relating to research and development or military construction.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Data Collection Required.—** The Secretary of Defense shall establish a data collection system to provide management information with regard to each purchase of services by a military department or Defense Agency in excess of $3,000,000, regardless of whether such a purchase is made in the form of a contract, task order, delivery order, military interdepartmental purchase request, or any other form of interagency agreement, for services in the following service acquisition portfolio groups:
(1) Logistics management services.
(2) Equipment related services.
(3) Knowledge-based services.
(4) Electronics and communications services.
**(b) Data To Be Collected.—** The data required to be collected under subsection (a) includes the following:
(1) The services purchased.
(2) The total dollar amount of the purchase.
(3) The form of contracting action used to make the purchase.
(4) Whether the purchase was made through—
(A) a performance-based contract, performance-based task order, or other performance-based arrangement that contains firm fixed prices for the specific tasks to be performed;
(B) any other performance-based contract, performance-based task order, or performance-based arrangement; or
(C) any contract, task order, or other arrangement that is not performance based.
(5) In the case of a purchase made through an agency other than the Department of Defense, the agency through which the purchase is made.
(6) The extent of competition provided in making the purchase and whether there was more than one offer.
(7) Whether the purchase was made from—
(A) a small business concern;
(B) a small business concern owned and controlled by socially and economically disadvantaged individuals; or
(C) a small business concern owned and controlled
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4505
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority.—** A contract initially awarded from the competitive selection of a proposal resulting from a general solicitation referred to in [section 3012(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3012/2&num=0&edition=prelim) may contain a contract line item or contract option for—
(1) the development and demonstration or initial production of technology developed under the contract; or
(2) the delivery of initial or additional items if the item or a prototype thereof is created as the result of work performed under the contract.
**(b) Limitations.—**
(1) **Minimal amount.—** — A contract line item or contract option described in subsection (a)(2) shall require the delivery of the minimal amount of initial or additional items to allow for the timely competitive solicitation and award of a follow-on development or production contract for those items.
(2) **Term.—** — A contract line item or contract option described in subsection (a) shall be for a term of not more than 2 years.
(3) **Dollar value of work.—** — The dollar value of the work to be performed pursuant to a contract line item or contract option described in subsection (a) may not exceed $100,000,000, in fiscal year 2017 constant dollars.
(4) **Applicability.—** — The authority provided in subsection (a) applies only to the Secretary of Defense, the Secretary of the Army, the Secretary of the Navy, and the Secretary of the Air Force.
**(c) Procedures.—** The Secretary of Defense shall establish procedures to collect and analyze information on the use and benefits of the authority under this section and related impacts on performance, affordability, and capability delivery.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4004
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 128; Pub. L. 85–800, § 8, Aug. 28, 1958, 72 Stat. 967; Pub. L. 85–861, § 33(a)(12), Sept. 2, 1958, 72 Stat. 1565; Pub. L. 87–653, § 1(a)–(c), Sept. 10, 1962, 76 Stat. 528; Pub. L. 90–268, § 5, Mar. 16, 1968, 82 Stat. 50; Pub. L. 90–500, title IV, § 405, Sept. 20, 1968, 82 Stat. 851; Pub. L. 93–356, § 4, July 25, 1974, 88 Stat. 390; Pub. L. 96–513, title V, § 511(76), Dec. 12, 1980, 94 Stat. 2926; Pub. L. 97–86, title IX, § 907(a), Dec. 1, 1981, 95 Stat. 1117; Pub. L. 97–295, § 1(24), Oct. 12, 1982, 96 Stat. 1290; Pub. L. 97–375, title I, § 114, Dec. 21, 1982, 96 Stat. 1821; Pub. L. 98–369, div. B, title VII, §§ 2723(a), 2727(b), July 18, 1984, 98 Stat. 1187, 1194; Pub. L. 98–577, title V, § 504(b)(1), (2), Oct. 30, 1984, 98 Stat. 3086; Pub. L. 99–145, title IX, § 961(a)(1), title XIII, § 1303(a)(13), Nov. 8, 1985, 99 Stat. 703, 739; Pub. L. 99–500, § 101(c) [title X, §§ 923(a)–(c), 927(a)], Oct. 18, 1986, 100 Stat. 1783–82, 1783–152, 1783–155, and Pub. L. 99–591, § 101(c) [title X, §§ 923(a)–(c), 927(a)], Oct. 30, 1986, 100 Stat. 3341–82, 3341–152, 3341–155; Pub. L. 99–661, div. A, title IX, formerly title IV, §§ 923(a)–(c), 927(a), title XIII, § 1343(a)(14), Nov. 14, 1986, 100 Stat. 3932, 3935, 3993, renumbered title IX, Pub. L. 100–26, § 3(5), Apr. 21, 1987, 101 Stat. 273; Pub. L. 100–26, § 7(d)(3), Apr. 21, 1987, 101 Stat. 281; Pub. L. 100–456, div. A, title VIII, § 803, Sept. 29, 1988, 102 Stat. 2008; Pub. L. 101–189, div. A, title VIII, §§ 812, 817, 818, 853(d), Nov. 29, 1989, 103 Stat. 1493, 1501, 1502, 1519; Pub. L. 101–510, div. A, title VIII, § 806(b), Nov. 5, 1990, 104 Stat. 1592; Pub. L. 102–25, title VII, § 701(d)(2), Apr. 6, 1991, 105 Stat. 114; Pub. L. 102–484, div. A, title VIII, §§ 801(
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2304
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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
**(a)** The head of an agency or major organizational unit within an agency may place an order with a major organizational unit within the same agency or another agency for goods or services if—
(1) amounts are available;
(2) the head of the ordering agency or unit decides the order is in the best interest of the United States Government;
(3) the agency or unit to fill the order is able to provide or get by contract the ordered goods or services; and
(4) the head of the agency decides ordered goods or services cannot be provided by contract as conveniently or cheaply by a commercial enterprise.
**(b)** Payment shall be made promptly by check on the written request of the agency or unit filling the order. Payment may be in advance or on providing the goods or services ordered and shall be for any part of the estimated or actual cost as determined by the agency or unit filling the order. A bill submitted or a request for payment is not subject to audit or certification in advance of payment. Proper adjustment of amounts paid in advance shall be made as agreed to by the heads of the agencies or units on the basis of the actual cost of goods or services provided.
**(c)** A condition or limitation applicable to amounts for procurement of an agency or unit placing an order or making a contract under this section applies to the placing of the order or the making of the contract.
**(d)** An order placed or agreement made under this section obligates an appropriation of the ordering agency or unit. The amount obligated is deobligated to the extent that the agency or unit filling the order has not incurred obligations, before the end of the period of availability of the appropriation, in—
(1) providing goods or services; or
(2) making an authorized contract with another
Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 1535
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Requirement for Management Structure.—** The Secretary of Defense shall establish and implement a management structure for the procurement of contract services for the Department of Defense. The management structure shall provide, at a minimum, for the matters specified in subsections (b), (c), (d), and (e).
**(b) Policies, Procedures, and Best Practices Guidelines.—** The management structure implemented pursuant to subsection (a) shall provide that the Under Secretary of Defense for Acquisition and Sustainment shall develop and maintain (in consultation with the service acquisition executives) policies, procedures, and best practices guidelines addressing the procurement of contract services, including policies, procedures, and best practices guidelines for—
(1) acquisition planning;
(2) solicitation and contract award;
(3) requirements development and management;
(4) contract tracking and oversight;
(5) performance evaluation; and
(6) risk management.
**(c) Personnel and Support.—** The management structure implemented pursuant to subsection (a) shall provide that the Under Secretary shall work with the service acquisition executives and other appropriate officials of the Department of Defense—
(1) to identify the critical skills and competencies needed to carry out the procurement of contract services on behalf of the Department of Defense;
(2) to develop a comprehensive strategy for recruiting, training, and deploying employees to meet the requirements for such skills and competencies; and
(3) to ensure that the military departments and Defense Agencies have staff and administrative support that are adequate to effectively perform their duties under this section and [section 4502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4501
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Federal law — U.S. Code and appendices · legal_authorities
Page 1870
TITLE 10—ARMED FORCES
[§ 2302e
existing law, see section 1801(d) of Pub. L. 116–283, set
out as a note preceding section 3001 of this title.
[§ 2302e. Renumbered § 4004]
[§ 2303. Repealed. Pub. L. 116–283, div. A, title
XVIII, § 1807(c)(4), Jan. 1, 2021, 134 Stat. 4157]
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 128; Pub.
L. 85–568, title III, § 301(b), July 29, 1958, 72 Stat. 432;
Pub. L. 98–369, div. B, title VII, § 2722(b), July 18, 1984,
98 Stat. 1187; Pub. L. 116–283, div. A, title XVIII,
§ 1807(c)(2), (3), Jan. 1, 2021, 134 Stat. 4157, related to ap-
plicability of chapter. See, generally, sections 3063 and
3064 of this title.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF REPEAL
Repeal effective Jan. 1, 2022, with additional provi-
sions for delayed implementation and applicability of
existing law, see section 1801(d) of Pub. L. 116–283, set
out as a note preceding section 3001 of this title.
[§ 2303a. Repealed. Pub. L. 98–577, title III,
§ 302(c)(1), Oct. 30, 1984, 98 Stat. 3077]
Section, Pub. L. 98–525, title XII, § 1212(a), Oct. 19,
1984, 98 Stat. 2590, related to publication of proposed
regulations.
Section, pursuant to section 1212(b) of Pub. L. 98–525,
was to have taken effect with respect to procurement
policies, regulations, procedures, or forms first pro-
posed to be issued by an agency on or after the date
which was 30 days after the date of enactment of Pub.
L. 98–525. Pub. L. 98–525 was approved Oct. 19, 1984. How-
ever, before that effective date, the section was re-
pealed by Pub. L. 98–577.
[§ 2304. Repealed. Pub. L. 116–283, div. A, title
XVIII, § 1881(a), Jan. 1, 2021, 134 Stat. 4293]
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 128; Pub.
L. 85–800, § 8, Aug. 28, 1958, 72 Stat. 967; Pub.
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 2304
Stored review status: historical_2024_not_currentness_verified. The source passage cites 10 U.S.C. § 2304. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 2777
TITLE 10—ARMED FORCES
§ 4502
119 Stat. 3376; Pub. L. 112–239, div. A, title VIII,
§ 845(d), Jan. 2, 2013, 126 Stat. 1848; Pub. L. 116–92,
div. A, title IX, § 902(51), Dec. 20, 2019, 133 Stat.
1548; renumbered § 4501 and amended Pub. L.
116–283, div. A, title XVIII, § 1856(c)–(e), Jan. 1,
2021, 134 Stat. 4274.)
Editorial Notes
PRIOR PROVISIONS
A prior section 4501, act Aug. 10, 1956, ch. 1041, 70A
Stat. 251, which related to industrial mobilization by
the President in time of war, was repealed by Pub. L.
103–160, div. A, title VIII, § 822(a)(2), Nov. 30, 1993, 107
Stat. 1705. See section 4882 of this title.
AMENDMENTS
2021—Pub. L. 116–283, § 1856(e)(2), redesignated par. (1)
of subsec. (a) as subsec. (b) and subpars. (B) to (D) of
former par. (1) as subsecs. (c) to (e), respectively.
Pub. L. 116–283, § 1856(d), transferred subsecs. (a)(2),
(3), (b), and (c) to section 4502 of this title. Amendment
notes below prior to 2021 relate to section as it read be-
fore such provisions were transferred.
Pub. L. 116–283, § 1856(c), renumbered section 2330 of
this title as this section.
Subsec. (a). Pub. L. 116–283, § 1856(e)(1), substituted
‘‘for the matters specified in subsections (b), (c), (d),
and (e).’’ for ‘‘for the following:’’.
Subsec. (b). Pub. L. 116–283, § 1856(e)(3), inserted head-
ing, substituted ‘‘The management structure imple-
mented pursuant to subsection (a) shall provide that
the Under Secretary of Defense for Acquisition and
Sustainment shall develop and maintain’’ for ‘‘The
Under Secretary of Defense for Acquisition and
Sustainment shall—(A) develop and maintain’’, redesig-
nated cls. (i) to (vi) as pars. (1) to (6), respectively, sub-
stituted period for semicolon at end of par. (6), and re-
aligned margins.
Subsec. (c).
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 4502
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Federal law — U.S. Code and appendices · legal_authorities
Page 196
TITLE 31—MONEY AND FINANCE
§ 1532
Statutory Notes and Related Subsidiaries
PROHIBITION ON TRANSFER OF FUNDS TO OTHER
DEPARTMENTS AND AGENCIES
Pub. L. 101–189, div. A, title XVI, § 1604, Nov. 29, 1989,
103 Stat. 1598, provided that funds available for mili-
tary functions of Department of Defense could not be
made available to any other department or agency of
Federal Government pursuant to a provision of law en-
acted after Nov. 29, 1989, unless, not less than 30 days
before such funds were made available to such other de-
partment or agency, Secretary of Defense submitted to
congressional defense committees a report describing
effect on military preparedness of making such funds
available to such department or agency, prior to repeal
and restatement in section 2215 of Title 10, Armed
Forces, by Pub. L. 103–160, div. A, title XI, § 1106(a)(1),
(b), Nov. 30, 1993, 107 Stat. 1750.
§ 1532. Withdrawal and credit
An amount available under law may be with-
drawn from one appropriation account and cred-
ited to another or to a working fund only when
authorized by law. Except as specifically pro-
vided by law, an amount authorized to be with-
drawn and credited is available for the same
purpose and subject to the same limitations pro-
vided by the law appropriating the amount. A
withdrawal and credit is made by check and
without a warrant.
(Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 933.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
1532 .........
31:628–1.
Sept. 6, 1950, ch. 896, § 1210(less
last proviso), 64 Stat. 765.
The word ‘‘limitations’’ is substituted for ‘‘limita-
tions, conditions, and restrictions’’ to eliminate un-
necessary words.
§ 1533. Transfers of appropriations for salaries
an
Source: Supplied 2024 U.S. Code historical extraction · 31 U.S.C. § 1535
Stored review status: historical_2024_not_currentness_verified. The source passage cites 31 U.S.C. § 1535. This identifies an authority to review, not proof of applicability.