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10 U.S.C. § 3208 — Planning for future competition in contracts for major systems
Federal law — U.S. Code and appendices · legal_authorities
**(a) Development Contract.—**
(1) **Determining whether proposals are necessary.—** — The Secretary of Defense shall ensure that, in preparing a solicitation for the award of a development contract for a major system, the head of an agency consider requiring in the solicitation that an offeror include in its offer proposals described in paragraph (2). In determining whether to require such proposals, the head of the agency shall give due consideration to the purposes for which the system is being procured and the technology necessary to meet the system’s required capabilities. If such proposals are required, the head of the agency shall consider them in evaluating the offeror’s price.
(2) **Contents of proposals.—** — Proposals referred to in the first sentence of paragraph (1) are the following:
(A) Proposals to incorporate in the design of the major system items which are currently available within the supply system of the Federal agency responsible for the major system, available elsewhere in the national supply system, or commercially available from more than one source.
(B) With respect to items that are likely to be required in substantial quantities during the system’s service life, proposals to incorporate in the design of the major system items which the United States will be able to acquire competitively in the future.
**(b) Production Contract.—**
(1) **Determining whether proposals are necessary.—** — The Secretary of Defense shall ensure that, in preparing a solicitation for the award of a production contract for a major system, the head of an agency consider requiring in the solicitation that an offeror include in its offer proposals described in paragraph (2). In determining whether to require such proposals, the head of the agency shall give d
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Source location: Title 10, Chapter 221, § 3208; chapter-221-planning-and-solicitation-generally.md
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**(a) Development Contract.—**
(1) **Determining whether proposals are necessary.—** — The Secretary of Defense shall ensure that, in preparing a solicitation for the award of a development contract for a major system, the head of an agency consider requiring in the solicitation that an offeror include in its offer proposals described in paragraph (2). In determining whether to require such proposals, the head of the agency shall give due consideration to the purposes for which the system is being procured and the technology necessary to meet the system’s required capabilities. If such proposals are required, the head of the agency shall consider them in evaluating the offeror’s price.
(2) **Contents of proposals.—** — Proposals referred to in the first sentence of paragraph (1) are the following:
(A) Proposals to incorporate in the design of the major system items which are currently available within the supply system of the Federal agency responsible for the major system, available elsewhere in the national supply system, or commercially available from more than one source.
(B) With respect to items that are likely to be required in substantial quantities during the system’s service life, proposals to incorporate in the design of the major system items which the United States will be able to acquire competitively in the future.
**(b) Production Contract.—**
(1) **Determining whether proposals are necessary.—** — The Secretary of Defense shall ensure that, in preparing a solicitation for the award of a production contract for a major system, the head of an agency consider requiring in the solicitation that an offeror include in its offer proposals described in paragraph (2). In determining whether to require such proposals, the head of the agency shall give due consideration to the purposes for which the system is being procured and the technology necessary to meet the system’s required capabilities. If such proposals are required, the head of the agency shall consider them in evaluating the offeror’s price.
(2) **Contents of proposals.—** — Proposals referred to in the first sentence of paragraph (1) are proposals identifying opportunities to ensure that the United States will be able to obtain on a competitive basis items procured in connection with the system that are likely to be reprocured in substantial quantities during the service life of the system. Proposals submitted in response to such requirement may include the following:
(A) Proposals to provide to the United States the right to use technical data to be provided under the contract for competitive reprocurement of the item, together with the cost to the United States, if any, of acquiring such technical data and the right to use such data.
(B) Proposals for the qualification or development of multiple sources of supply for the item.
**(c) Consideration of Factors as Objectives in Negotiations.—** If the head of an agency is making a noncompetitive award of a development contract or a production contract for a major system, the factors specified in subsections (a) and (b) to be considered in evaluating an offer for a contract may be considered as objectives in negotiating the contract to be awarded. Such objectives may not impair the rights of prospective contractors or subcontractors otherwise provided by law.
**(d) Items Developed Exclusively at Private Expense.—**
(1) **Limitation.—** — Whenever the head of an agency requires that proposals described in subsection (a)(2) or (b)(2) be submitted by an offeror in its offer, the offeror shall not be required to provide a proposal that enables the United States to acquire competitively in the future an identical item if the item was developed exclusively at private expense unless the head of the agency determines that—
(A) the original supplier of such item will be unable to satisfy program schedule or delivery requirements; or
(B) proposals by the original supplier of such item to meet the mobilization requirements are insufficient to meet the agency’s mobilization needs.
(2) **Evaluation.—** — In considering offers in response to a solicitation requiring proposals described in subsection (a)(2) or (b)(2), the head of an agency shall base any evaluation of items developed exclusively at private expense on an analysis of the total value, in terms of innovative design, life-cycle costs, and other pertinent factors, of incorporating such items in the system.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The authorized strengths of the Army, Navy, Air Force, and Marine Corps in reserve commissioned officers, other than commissioned warrant officers and officers on an active-duty list, in an active status are as follows: Army275,000 Air Force200,000 Navy150,000 Marine Corps24,500.
**(b)** The authorized strengths prescribed by subsection (a) may not be exceeded unless—
(1) the Secretary concerned determines that a greater number is necessary for planned mobilization requirements; or
(2) the excess results directly from the operation of a nondiscretionary provision of law.
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary of the Army shall distribute the number of reserve commissioned officers, other than commissioned warrant officers, authorized in each commissioned grade between those assigned to reserve units organized to serve as units and those not assigned to such units. The Secretary shall distribute the number who are assigned to reserve units organized to serve as units among the units of each reserve component by prescribing appropriate tables of organization and tables of distribution. The Secretary shall distribute the number who are not assigned to such units between—
(1) each special branch; and
(2) all other branches taken together.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 12007
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 130; Pub. L. 85–861, § 1(44), Sept. 2, 1958, 72 Stat. 1457; Pub. L. 90–268, § 3, Mar. 16, 1968, 82 Stat. 49; Pub. L. 98–369, div. B, title VII, § 2723(b), July 18, 1984, 98 Stat. 1191; Pub. L. 98–525, title XII, § 1213(a), Oct. 19, 1984, 98 Stat. 2591; Pub. L. 99–145, title XIII, § 1303(a)(14), Nov. 8, 1985, 99 Stat. 739; Pub. L. 99–500, § 101(c) [title X, § 924(a), (b)], Oct. 18, 1986, 100 Stat. 1783–82, 1783–153, and Pub. L. 99–591, § 101(c) [title X, § 924(a), (b)], Oct. 30, 1986, 100 Stat. 3341–82, 3341–153; Pub. L. 99–661, div. A, title III, § 313(b), title IX, formerly title IV, § 924(a), (b), Nov. 14, 1986, 100 Stat. 3853, 3932, 3933, renumbered title IX, Pub. L. 100–26, § 3(5), Apr. 21, 1987, 101 Stat. 273; Pub. L. 100–456, div. A, title VIII, § 806, Sept. 29, 1988, 102 Stat. 2010; Pub. L. 101–189, div. A, title VIII, § 853(f), Nov. 29, 1989, 103 Stat. 1519; Pub. L. 101–510, div. A, title VIII, § 802(a)–(d), Nov. 5, 1990, 104 Stat. 1588, 1589; Pub. L. 103–160, div. A, title XI, § 1182(a)(5), Nov. 30, 1993, 107 Stat. 1771; Pub. L. 103–355, title I, §§ 1011–1016, title IV, § 4401(b), Oct. 13, 1994, 108 Stat. 3254–3257, 3347; Pub. L. 104–106, div. D, title XLI, §§ 4103(a), 4104(a), title XLII, § 4202(a)(2), div. E, title LVI, § 5601(a), Feb. 10, 1996, 110 Stat. 643, 644, 653, 699; Pub. L. 104–201, div. A, title VIII, § 821(a), title X, § 1074(a)(11), (b)(4)(A), Sept. 23, 1996, 110 Stat. 2609, 2659, 2660; Pub. L. 106–65, div. A, title VIII, § 821, Oct. 5, 1999, 113 Stat. 714; Pub. L. 114–328, div. A, title VIII, § 825(a), Dec. 23, 2016, 130 Stat. 2279; Pub. L. 115–91, div. A, title VIII, § 818(b), Dec. 12, 2017, 131 Stat. 1463; Pub. L. 115–232, div. A, title VIII, § 836(c)(3), Aug. 13, 2018, 132 St
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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)** Subject to [section 526 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section526&num=0&edition=prelim), the authorized strength of the Regular Army in general officers on the active-duty list is 75/10,000 of the authorized strength of the Regular Army in commissioned officers on the active-duty list.
**(b)** The authorized strength of each of the following branches—
(1) each corps of the Army Medical Department; and
(2) the Chaplains;
in general officers on the active-duty list of the Regular Army is 5/1,000 of the authorized strength of the branch concerned in commissioned officers on the active-duty list of the Regular Army. Not more than one-half of the authorized strength in general officers in such a branch may be in a regular grade above brigadier general.
**(c)** When the application of the percentages and ratios specified in this section results in a fraction, a fraction of one-half or more is counted as one, and a fraction of less than one-half is disregarded.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The authorized strength in any reserve grade, as prescribed under this chapter, for any reserve component under the jurisdiction of the Secretary of the Army or the Secretary of the Air Force is automatically increased to the minimum extent necessary to give effect to each appointment made in that grade under section 1211(a), 7036, 14304(b), 14314, or 14317 of this title.
**(b)** An authorized strength so increased is increased for no other purpose. While an officer holds that grade, the officer whose appointment caused the increase is counted for the purpose of determining when other appointments, not under those sections, may be made in that grade.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The authorized strengths of the Army, Air Force, and Marine Corps in reserve general officers in an active status, and the authorized strength of the Navy in reserve officers in the grades of rear admiral (lower half) and rear admiral in an active status, are as follows: Army207 Air Force157 Navy48 Marine Corps10.
**(b)** The following Army and Air Force reserve officers shall not be counted for purposes of this section:
(1) Those serving as adjutants general or assistant adjutants general of a State.
(2) Those serving in the National Guard Bureau.
(3) Those counted under [section 526 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section526&num=0&edition=prelim).
(4) Those serving in a joint duty assignment for purposes of chapter 38 of this title, except that the number of officers who may be excluded under this paragraph may not exceed the number equal to 20 percent of the number of officers authorized for the armed force concerned by subsection (a).
**(c)**
(1) The following Navy reserve officers shall not be counted for purposes of this section:
(A) Those counted under [section 526 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section526&num=0&edition=prelim).
(B) Those serving in a joint duty assignment for purposes of chapter 38 of this title, except that the number of officers who may be excluded under this paragraph may not exceed the number equal to 20 percent of the number of officers authorized for the Navy in subsection (a).
(2) Not more than 50 percent of the officers in an active status authorized under this section for the Navy may serve in the grade of rear admiral.
**(d)** The following Marine Corps reserve officers shall not be counted for purposes of thi
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Contract Provisions Relating to Technical Data.—** Regulations prescribed under [section 3771 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3771&num=0&edition=prelim) shall require that, whenever practicable, a contract for supplies or services entered into by an agency named in [section 3063 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3063&num=0&edition=prelim) contain appropriate provisions relating to technical data, including provisions—
(1) defining the respective rights of the United States and the contractor or subcontractor (at any tier) regarding any technical data to be delivered under the contract and providing that, in the case of a contract for a commercial product, the product shall be presumed to be developed at private expense unless shown otherwise in accordance with section 3784;
(2) specifying the technical data, if any, to be delivered under the contract and delivery schedules for such delivery;
(3) establishing or referencing procedures for determining the acceptability of technical data to be delivered under the contract;
(4) establishing separate contract line items for the technical data, if any, to be delivered under the contract;
(5) to the maximum practicable extent, identifying, in advance of delivery, technical data which is to be delivered with restrictions on the right of the United States to use such data;
(6) requiring the contractor—
(A) to revise any technical data delivered under the contract to reflect engineering design changes made during the performance of the contract and affecting the form, fit, and function of the items specified in the contract; and
(B) to deliver such revised technical data to an agency within a time
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3772
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Federal law — U.S. Code and appendices · legal_authorities
Page 2431
TITLE 10—ARMED FORCES
§ 3208
‘‘(b) DEVELOPMENT OF CRITERIA AND INITIATIVES.—(1)
Not later than February 1, 2020, the Secretary of De-
fense shall establish the pilot program and notify the
congressional defense committees [Committees on
Armed Services and Appropriations of the Senate and
the House of Representatives] of the criteria used to se-
lect initiatives and the metrics used to track progress.
‘‘(2) Not later than May 1, 2020, the Secretary shall
notify the congressional defense committees of the ini-
tiatives selected for the program.
‘‘(3) Not later than December 1, 2020, the Secretary
shall brief the congressional defense committees on the
progress of the selected initiatives, including the
progress of the initiatives at improving quality and ac-
quisition cycle time according to the metrics developed
under subsection (a)(2).’’
§ 3207. Assessment before contract for acquisi-
tion of supplies is entered into
The Secretary of Defense shall ensure that be-
fore a contract for the delivery of supplies to the
Department of Defense is entered into—
(1) when the appropriate officials of the De-
partment are making an assessment of the
most advantageous source for acquisition of
the supplies (considering quality, price, deliv-
ery, and other factors), there is a review of the
availability and cost of each item of supply—
(A) through the supply system of the De-
partment of Defense; and
(B) under standard Government supply
contracts, if the item is in a category of sup-
plies defined under regulations of the Sec-
retary of Defense as being potentially avail-
able under a standard Government supply
contract; and
(2) there is a review of both the procurement
history of the item and a description of the
item, including, when necessary for an
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