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10 U.S.C. § 2433 — Repealed. Pub. L. 116–283, div. A, title XVIII, § 1850(l), Jan. 1, 2021, 134 Stat. 4271]

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

10 U.S.C. § 2433 — Repealed. Pub. L. 116–283, div. A, title XVIII, § 1850(l), Jan. 1, 2021, 134 Stat. 4271]

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Source file: Laws/federal/codes/united-states-code/title-10/section-2433-repealed-pub-l-116283-div-a-title-xviii-1850-l-jan-1-2021-134-stat-4271--47d287620f.md
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Source location: Title 10, Chapter [CHAPTER 144, § 2433; chapter-chapter-144-chapter-chapter-144.md

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### Statutory Notes Section, added Pub. L. 97–252, title XI, § 1107(a)(1), Sept. 8, 1982, 96 Stat. 741, § 139b; amended Pub. L. 98–94, title XII, § 1268(1), Sept. 24, 1983, 97 Stat. 705; Pub. L. 98–525, title XII, § 1242(b), Oct. 19, 1984, 98 Stat. 2607; Pub. L. 99–145, title XIII, § 1303(a)(2), Nov. 8, 1985, 99 Stat. 738; renumbered § 2433 and amended Pub. L. 99–433, title I, §§ 101(a)(5), 110(d)(14), (g)(8), Oct. 1, 1986, 100 Stat. 995, 1003, 1004; Pub. L. 99–500, § 101(c) [title X, § 961(b)], Oct. 18, 1986, 100 Stat. 1783–82, 1783–176, and Pub. L. 99–591, § 101(c) [title X, § 961(b)], Oct. 30, 1986, 100 Stat. 3341–82, 3341–176; Pub. L. 99–661, div. A, title IX, formerly title IV, § 961(b), Nov. 14, 1986, 100 Stat. 3956, renumbered title IX, Pub. L. 100–26, § 3(5), Apr. 21, 1987, 101 Stat. 273; Pub. L. 100–26, § 7(b)(4), (k)(7), Apr. 21, 1987, 101 Stat. 279, 284; Pub. L. 100–180, div. A, title XIII, § 1314(a)(1), Dec. 4, 1987, 101 Stat. 1175; Pub. L. 101–189, div. A, title VIII, § 811(a), Nov. 29, 1989, 103 Stat. 1490; Pub. L. 101–510, div. A, title XIV, § 1484(k)(10), Nov. 5, 1990, 104 Stat. 1719; Pub. L. 102–484, div. A, title VIII, § 817(d), Oct. 23, 1992, 106 Stat. 2456; Pub. L. 103–35, title II, § 201(i)(2), May 31, 1993, 107 Stat. 100; Pub. L. 103–355, title III, §§ 3002(a)(2), 3003, Oct. 13, 1994, 108 Stat. 3328, 3329; Pub. L. 105–85, div. A, title VIII, § 833, Nov. 18, 1997, 111 Stat. 1842; Pub. L. 108–375, div. A, title VIII, § 801(a), (b)(1), Oct. 28, 2004, 118 Stat. 2004; Pub. L. 109–163, div. A, title VIII, § 802(a)–(c), (d)(2), Jan. 6, 2006, 119 Stat. 3367–3370; Pub. L. 109–364, div. A, title II, § 213(a), Oct. 17, 2006, 120 Stat. 2121; Pub. L. 110–181, div. A, title IX, § 942(e), Jan. 28, 2008, 122 Stat. 288; Pub. L. 110–417, [div. A], title VIII, § 811(c), Oct. 14, 2008, 122 Stat. 4522; Pub. L. 111–23, title II, § 206(a)(3), May 22, 2009, 123 Stat. 1728; Pub. L. 111–84, div. A, title X, § 1073(c)(4), Oct. 28, 2009, 123 Stat. 2474; Pub. L. 111–383, div. A, title X, § 1075(b)(34), Jan. 7, 2011, 124 Stat. 4371; Pub. L. 115–232, div. A, title VIII, § 809(a), Aug. 13, 2018, 132 Stat. 1840; Pub. L. 116–283, div. A, title XVIII, § 1850(b)(1), (c), (d), (e)(1), (f), (g)(1), (h)(1), (i)(1), Jan. 1, 2021, 134 Stat. 4265–4269, related to unit cost reports. See sections 4371 to 4375 of this title. #### Effective Date of Repeal Repeal effective Jan. 1, 2022, with additional provisions 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3001&num=0&edition=prelim).

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

10 U.S.C. § 3001 — Defense acquisition system; element of the defense acquisition system

**(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).

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

10 U.S.C. § 4062 — Defense Acquisition Challenge Program

**(a) Program Required.—** (1) The Secretary of Defense, acting through the Under Secretary of Defense for Research and Engineering, shall carry out a program to provide opportunities for the increased introduction of innovative and cost-saving technology in acquisition programs of the Department of Defense. (2) The program, to be known as the Defense Acquisition Challenge Program (hereinafter in this section referred to as the “Challenge Program”), shall provide any person or activity within or outside the Department of Defense with the opportunity to propose alternatives, to be known as challenge proposals, at the component, subsystem, system, or system-of-systems level of an existing Department of Defense acquisition program, or to address any broader functional challenge to Department of Defense missions that may not fall within an acquisition program, that would result in improvements in performance, affordability, manufacturability, or operational capability of that acquisition program or function. **(b) Panels.—** The Under Secretary shall establish one or more panels of highly qualified scientists and engineers (hereinafter in this section referred to as “Panels”) to provide preliminary evaluations of challenge proposals under subsection (c). **(c) Preliminary Evaluation by Panels.—** (1) Under procedures prescribed by the Under Secretary, a person or activity within or outside the Department of Defense may submit challenge proposals to a Panel, through the unsolicited proposal process or in response to a broad agency announcement. (2) The Under Secretary shall establish procedures pursuant to which appropriate officials of the Department of Defense may identify proposals submitted through the unsolicited proposal process as challenge proposals. The proced

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

10 U.S.C. § 4214 — Baseline description

**(a) Baseline Description Requirement.—** (1) The Secretary of a military department shall establish a baseline description for each major defense acquisition program and for each designated major subprogram under the program under the jurisdiction of such Secretary. (2) The baseline shall include sufficient parameters to describe the cost estimate (referred to as the “Baseline Estimate” in sections 4371 through 4375 of this title), schedule, performance, supportability, and any other factor of such major defense acquisition program or designated major subprogram. **(b) Funding Limit.—** No amount appropriated or otherwise made available to the Department of Defense for carrying out a major defense acquisition program or any designated major subprogram under the program may be obligated after the program or subprogram enters system development and demonstration without an approved baseline description unless such obligation is specifically approved by the Under Secretary of Defense for Acquisition and Sustainment. **(c) Schedule.—** A baseline description for a major defense acquisition program or any designated major subprogram under the program shall be prepared under this section— (1) before the program or subprogram enters system development and demonstration; (2) before the program or subprogram enters production and deployment; and (3) before the program or subprogram enters full rate production. **(d) Original Baseline Estimate.—** (1) In this subpart, the term “original Baseline Estimate”, with respect to a major defense acquisition program or any designated major subprogram under the program, means the baseline description established with respect to the program or subprogram under subsection (a) prepared before the program or subprogram enters system

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

10 U.S.C. § 4351 — Selected Acquisition Reports

**(a)** In this section: (1) The term “program acquisition unit cost”, with respect to a major defense acquisition program, means the amount equal to (A) the total cost for development and procurement of, and system-specific military construction for, the acquisition program, divided by (B) the number of fully-configured end items to be produced for the acquisition program. (2) The term “procurement unit cost”, with respect to a major defense acquisition program, means the amount equal to (A) the total of all funds programmed to be available for obligation for procurement for the program, divided by (B) the number of fully-configured end items to be procured. (3) The term “major contract”, with respect to a major defense acquisition program, means each of the six largest prime, associate, or Government-furnished equipment contracts under the program that is in excess of $40,000,000 and that is not a firm, fixed price contract. (4) The term “full life-cycle cost”, with respect to a major defense acquisition program, means all costs of development, procurement, military construction, and operations and support, without regard to funding source or management control. **(b)** (1) The Secretary of Defense shall submit to Congress at the end of each fiscal-year quarter a report on current major defense acquisition programs and any program that is estimated by the Secretary of Defense to require an eventual total expenditure for research, development, test, and evaluation of more than $300,000,000 (based on fiscal year 1990 constant dollars) or an eventual total expenditure for procurement, including all planned increments or spirals, of more than $1,800,000,000 (based on fiscal year 1990 constant dollars). Except as provided in paragraphs (2) and (3), each such report s

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10 U.S.C. § 4371 — Cost growth definitions; applicability of reporting requirements; constant base year dollars

**(a) Definitions.—** In this chapter: (1) **Program acquisition unit cost; procurement unit cost; major contract.—** — Except as provided in [section 4203(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4203/d&num=0&edition=prelim), the terms “program acquisition unit cost”, “procurement unit cost”, and “major contract” have the same meanings as provided in [section 4351(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4351/a&num=0&edition=prelim). (2) **Significant cost growth threshold.—** — The term “significant cost growth threshold” means the following: (A) In the case of a major defense acquisition program or designated major defense subprogram, a percentage increase in the program acquisition unit cost for the program or subprogram of— (i) at least 15 percent over the program acquisition unit cost for the program or subprogram as shown in the current Baseline Estimate for the program or subprogram; or (ii) at least 30 percent over the program acquisition unit cost for the program or subprogram as shown in the original Baseline Estimate for the program or subprogram. (B) In the case of a major defense acquisition program or designated major defense subprogram that is a procurement program, a percentage increase in the procurement unit cost for the program or subprogram of— (i) at least 15 percent over the procurement unit cost for the program or subprogram as shown in the current Baseline Estimate for the program or subprogram; or (ii) at least 30 percent over the procurement unit cost for the program or subprogram as shown in the original Baseline Estimate for the program or subprogram. (3) **Critical cost growth threshold.—** — The term “criti

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10 U.S.C. § 4372 — Unit cost reports: quarterly report from program manager to service acquisition executive

**(a) Required Reports.—** (1) **Requirement.—** — The program manager for a major defense acquisition program (other than a program not required to be included in the Selected Acquisition Report for that quarter under [section 4351(b)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4351/b/3&num=0&edition=prelim)) shall, on a quarterly basis, submit to the service acquisition executive designated by the Secretary concerned a written report on the unit costs of the program (or of each designated major subprogram under the program). (2) **Time for submittal.—** — Each report shall be submitted not more than 30 calendar days after the end of that quarter. **(b) Matter to Be Included in Unit Cost Reports.—** The program manager shall include in each such unit cost report the following information with respect to the program (as of the last day of the quarter for which the report is made): (1) The program acquisition unit cost for the program (or for each designated major subprogram under the program). (2) In the case of a procurement program, the procurement unit cost for the program (or for each designated major subprogram under the program). (3) Any cost variance or schedule variance in a major contract under the program since the contract was entered into. (4) Any changes from program schedule milestones or program performances reflected in the baseline description established under [section 4214 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4214&num=0&edition=prelim) that are known, expected, or anticipated by the program manager. (5) Any significant changes in the total program cost for development and procurement of the software component of the program or subprogram, sc

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

10 U.S.C. § 4373 — Unit cost reports: immediate report from program manager to service acquisition executive upon breach of significant cost growth threshold

If the program manager of a major defense acquisition program for which a unit cost report has previously been submitted under [section 4372 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4372&num=0&edition=prelim) determines at any time during a quarter that there is reasonable cause to believe that the program acquisition unit cost for the program (or for a designated major subprogram under the program) or the procurement unit cost for the program (or for such a subprogram), as applicable, has increased by a percentage equal to or greater than the significant cost growth threshold; and if a unit cost report indicating an increase of such percentage or more has not previously been submitted to the service acquisition executive designated by the Secretary concerned, then the program manager shall immediately submit to such service acquisition executive a unit cost report containing the information, determined as of the date of the report, required under [section 4372 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4372&num=0&edition=prelim).

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

10 U.S.C. § 4374 — Unit cost reports: determinations by service acquisition executive and secretary concerned of breach of significant cost growth threshold or critical cost growth threshold; reports to Congress

**(a) Determination of Breach by Service Acquisition Executive.—** When a unit cost report is submitted to the service acquisition executive designated by the Secretary concerned under this chapter with respect to a major defense acquisition program or any designated major subprogram under the program, the service acquisition executive shall determine whether the current program acquisition unit cost for the program or subprogram has increased by a percentage equal to or greater than the significant cost growth threshold, or the critical cost growth threshold, for the program or subprogram. **(b) Additional Determination by Service Acquisition Executive When Program or Subprogram Is a Procurement Program.—** When a unit cost report is submitted to the service acquisition executive designated by the Secretary concerned under this chapter with respect to a major defense acquisition program or any designated major subprogram under the program that is a procurement program, the service acquisition executive, in addition to the determination under subsection (a), shall determine whether the procurement unit cost for the program or subprogram has increased by a percentage equal to or greater than the significant cost growth threshold, or the critical cost growth threshold, for the program or subprogram. **(c) Determination of Breach by Secretary Concerned; Notification to Congress.—** (1) **In general.—** — If, based upon the service acquisition executive’s determination, the Secretary concerned determines that the current program acquisition unit cost has increased by a percentage equal to or greater than the significant cost growth threshold or critical cost growth threshold or that the procurement unit cost has increased by a percentage equal to or greater than the sign

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

10 U.S.C. § 4375 — Breach of significant cost growth threshold or critical cost growth threshold: required action

**(a) Breach of significant cost growth threshold; submission of a selected acquisition report.—** (1) **General rule.—** — Except as provided in paragraph (2), whenever the Secretary concerned determines under [section 4374 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4374&num=0&edition=prelim) that the program acquisition unit cost or the procurement unit cost of a major defense acquisition program or designated major subprogram has increased by a percentage equal to or greater than the significant cost growth threshold for the program or subprogram, a Selected Acquisition Report shall be submitted to Congress for the first fiscal-year quarter ending on or after the date of the determination or for the fiscal-year quarter which immediately precedes the first fiscal-year quarter ending on or after that date. The report shall include the information described in [section 4351(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4351/e&num=0&edition=prelim) and shall be submitted in accordance with [section 4351(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4351/f&num=0&edition=prelim). (2) Whenever the Secretary makes a determination referred to in paragraph (1) in the case of a major defense acquisition program or designated major subprogram during the second quarter of a fiscal year and before the date on which the President transmits the budget for the following fiscal year to Congress pursuant to [section 1105 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105&num=0&edition=prelim), the Secretary is not required to file a Selected Acquisition Report under paragraph (1) but shall include th

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

10 U.S.C. § 2433 — Untitled legal text

Page 1927 TITLE 10—ARMED FORCES [§ 2433 facility of the Navy Resale and Services Support Office that began operating before October 1, 1989. (Added Pub. L. 101–189, div. A, title III, § 323(a), Nov. 29, 1989, 103 Stat. 1414.) § 2424. Procurement of supplies and services from exchange stores outside the United States (a) AUTHORITY.—The Secretary of Defense may authorize an element of the Department of De- fense to enter into a contract (through the use of procedures other than competitive proce- dures) with an exchange store operated under the jurisdiction of the Secretary of a military department outside the United States to procure supplies or services for use by the armed forces outside the United States. (b) LIMITATIONS.—(1) A contract may not be entered into under subsection (a) in an amount in excess of $100,000. (2) Supplies provided under a contract entered into under subsection (a) shall be provided from the stocks of the exchange store on hand as of the date the contract is entered into with that exchange store. (3) A contract entered into with an exchange store under subsection (a) may not provide for the procurement of services not regularly pro- vided by that exchange store. (c) EXCEPTION.—Paragraphs (1) and (2) of sub- section (b) do not apply to contracts for the pro- curement of soft drinks that are manufactured in the United States. The Secretary of Defense shall prescribe in regulations the standards and procedures for determining whether a particular beverage is a soft drink and whether the bev- erage was manufactured in the United States. (Added Pub. L. 101–189, div. A, title III, § 324(a), Nov. 29, 1989, 103 Stat. 1414; amended Pub. L. 103–355, title III, § 3066, Oct. 13, 1994, 108 Stat. 3337; Pub. L. 104–106, div. D

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