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10 U.S.C. § 4507 — Procurement of services: contracts for professional and technical services
Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The Secretary of Defense shall prescribe regulations to ensure, to the maximum extent practicable, that professional and technical services are acquired on the basis of the task to be performed rather than on the basis of the number of hours of services provided.
**(b) Content of Regulations.—** With respect to contracts to acquire services on the basis of the number of hours of services provided, the regulations described in subsection (a) shall—
(1) include standards and approval procedures to minimize the use of such contracts;
(2) establish criteria to ensure that proposals for contracts for technical and professional services are evaluated on a basis which does not encourage contractors to propose uncompensated overtime;
(3) ensure appropriate emphasis on technical and quality factors in the source selection process;
(4) require identification of any hours in excess of 40-hour weeks included in a proposal;
(5) ensure that offerors are notified that proposals which include unrealistically low labor rates or which do not otherwise demonstrate cost realism will be considered in a risk assessment and evaluated appropriately; and
(6) provide guidance to contracting officers to ensure that any use of uncompensated overtime will not degrade the level of technical expertise required to perform the contract.
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Source file: Laws/federal/codes/united-states-code/title-10/section-4507-procurement-of-services-contracts-for-professional-and-technical-service--e2418b29d9.md
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Source location: Title 10, Chapter 341, § 4507; chapter-341-acquisition-of-services-generally.md
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**(a) In General.—** The Secretary of Defense shall prescribe regulations to ensure, to the maximum extent practicable, that professional and technical services are acquired on the basis of the task to be performed rather than on the basis of the number of hours of services provided.
**(b) Content of Regulations.—** With respect to contracts to acquire services on the basis of the number of hours of services provided, the regulations described in subsection (a) shall—
(1) include standards and approval procedures to minimize the use of such contracts;
(2) establish criteria to ensure that proposals for contracts for technical and professional services are evaluated on a basis which does not encourage contractors to propose uncompensated overtime;
(3) ensure appropriate emphasis on technical and quality factors in the source selection process;
(4) require identification of any hours in excess of 40-hour weeks included in a proposal;
(5) ensure that offerors are notified that proposals which include unrealistically low labor rates or which do not otherwise demonstrate cost realism will be considered in a risk assessment and evaluated appropriately; and
(6) provide guidance to contracting officers to ensure that any use of uncompensated overtime will not degrade the level of technical expertise required to perform the contract.
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter:
(1) **Delivery order contract.—** — The term “delivery order contract” means a contract for property—
(A) that does not procure or specify a firm quantity of property (other than a minimum or maximum quantity); and
(B) that provides for the issuance of orders for the delivery of property during the period of the contract.
(2) **Task order contract.—** — The term “task order contract” means a contract for services—
(A) that does not procure or specify a firm quantity of services (other than a minimum or maximum quantity); and
(B) that provides for the issuance of orders for the performance of tasks during the period of the contract.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3401
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary of the Navy and, by direction of the Secretary, the Chief of Naval Research and the chiefs of bureaus may, without advertising, make contracts or amendments or modifications of contracts for services and materials necessary to conduct research and to make or secure reports, tests, models, or apparatus. A contractor supplying such services or materials need not be required to furnish a bond.
**(b)** This section does not authorize the use of the cost-plus-a-percentage-of-cost system of contracting.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 8752
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Prior Provisions
A prior section 2331 was renumbered [section 2350 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2350&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2331
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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
Page 2784
TITLE 10—ARMED FORCES
§ 4507
Editorial Notes
REFERENCES IN TEXT
The date of the enactment of this subsection, referred
to in subsec. (c)(3)(C), is the date of enactment of Pub.
L. 115–91, which was approved Dec. 12, 2017.
PRIOR PROVISIONS
A prior section 4506, act Aug. 10, 1956, ch. 1041, 70A
Stat. 253, which related to sale, loan, or gift of samples,
drawings, and information to contractors, was repealed
by Pub. L. 103–160, div. A, title VIII, § 822(b)(3), Nov. 30,
1993, 107 Stat. 1706.
AMENDMENTS
2021—Pub. L. 116–283, § 1856(g), renumbered section
2329 of this title as this section.
Subsec. (b). Pub. L. 117–81, § 815(a)(1)(A), substituted
‘‘February 1, 2023’’ for ‘‘October 1, 2021’’ in introductory
provisions.
Subsec. (b)(4). Pub. L. 116–283, § 1883(b)(2), substituted
‘‘section 4505(c)’’ for ‘‘section 2330a(c)’’.
Pub. L. 117–81, § 815(a)(1)(B), added par. (4) and struck
out former par. (4) which read as follows: ‘‘be organized
using a common enterprise data structure developed
under section 2222 of this title; and’’.
Subsec. (b)(5). Pub. L. 117–81, § 815(a)(1)(B), added par.
(5) and struck out former par. (5) which read as follows:
‘‘be included in the future-years defense program sub-
mitted to Congress under section 221 of this title.’’
Subsec. (d). Pub. L. 117–81, § 815(a)(2), amended subsec.
(d) generally. Prior to amendment, text read as follows:
‘‘Each Services Requirements Review Board shall
evaluate each requirement for a services contract, tak-
ing into consideration total force management policies
and procedures, available resources, the analyses con-
ducted under subsection (c), and contracting efficacy
and efficiency. An evaluation of a services contract for
compliance with contracting policies and procedures
may n
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 4507
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