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10 U.S.C. § 3709 — Program to accelerate contracting and pricing processes

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 3709 — Program to accelerate contracting and pricing processes

**(a) In General.—** The Secretary of Defense shall establish a program to reform and accelerate the contracting and pricing processes associated with contracts in excess of $50,000,000 by— (1) basing price reasonableness determinations on actual cost and pricing data for purchases of the same or similar products for the Department of Defense; and (2) reducing the cost and pricing data to be submitted in accordance with this chapter. **(b) Implementation Guidance.—** The Secretary, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall ensure that each senior contracting official (as defined in [section 1737 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1737&num=0&edition=prelim)) for a contract described in subsection (a) has the discretion to implement the program under this section efficiently and effectively by ensuring the following: (1) That the program does not include any preferences for contract type or specific contract requirements. (2) That each Secretary of a military department has no unique reporting requirements to the Under Secretary of Defense for Acquisition and Sustainment with respect to the program.

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Stable record: federal_law:legal_authorities:record_usc_689efc70b5d5fa8a7792a4b5
Source file: Laws/federal/codes/united-states-code/title-10/section-3709-program-to-accelerate-contracting-and-pricing-processes--00baa987fe.md
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Passage SHA-256: 978b10649e8e7d85c2edd962d41598b1596f57eaf5d68e3ef6d6dbd2eebbfa39

Source location: Title 10, Chapter 271, § 3709; chapter-271-truthful-cost-or-pricing-data-truth-in-negotiations.md

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**(a) In General.—** The Secretary of Defense shall establish a program to reform and accelerate the contracting and pricing processes associated with contracts in excess of $50,000,000 by— (1) basing price reasonableness determinations on actual cost and pricing data for purchases of the same or similar products for the Department of Defense; and (2) reducing the cost and pricing data to be submitted in accordance with this chapter. **(b) Implementation Guidance.—** The Secretary, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall ensure that each senior contracting official (as defined in [section 1737 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1737&num=0&edition=prelim)) for a contract described in subsection (a) has the discretion to implement the program under this section efficiently and effectively by ensuring the following: (1) That the program does not include any preferences for contract type or specific contract requirements. (2) That each Secretary of a military department has no unique reporting requirements to the Under Secretary of Defense for Acquisition and Sustainment with respect to the program.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 3701 — Definitions

In this chapter: (1) **Cost or pricing data.—** — The term “cost or pricing data” means all facts that, as of the date of agreement on the price of a contract (or the price of a contract modification), or, if applicable consistent with [section 3706(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3706/a/2&num=0&edition=prelim), another date agreed upon between the parties, a prudent buyer or seller would reasonably expect to affect price negotiations significantly. Such term does not include information that is judgmental, but does include the factual information from which a judgment was derived. (2) **Subcontract.—** — The term “subcontract” includes a transfer of commercial products or commercial services between divisions, subsidiaries, or affiliates of a contractor or a subcontractor.

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3701

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1737 — Definitions and general provisions

**(a) Definitions.—** In this subchapter: (1) The term “program manager” means, with respect to a defense acquisition program, the member of the acquisition workforce responsible for managing the program, regardless of the title given the member. (2) The term “deputy program manager” means the person who has authority to act on behalf of the program manager in the absence of the program manager. (3) The term “significant nonmajor defense acquisition program” means a Department of Defense acquisition program that is not a major defense acquisition program (as defined in [section 4201 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4201&num=0&edition=prelim)) and that is estimated by the Secretary of Defense to require an eventual total expenditure for research, development, test, and evaluation of more than the dollar threshold set forth in [section 3041(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3041/b/1&num=0&edition=prelim) for such purposes for a major system or an eventual total expenditure for procurement of more than the dollar threshold set forth in [section 3041(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3041/b/1&num=0&edition=prelim) for such purpose for a major system. (4) The term “portfolio acquisition executive” means an individual described in [section 1732(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1732/a&num=0&edition=prelim). (5) The term “senior contracting official” means a director of contracting, or a principal deputy to a director of contracting, serving in the office of the Secretary of a military department, the headquarters of a military depa

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1737

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