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10 U.S.C. § 4509 — Contracts for advisory and assistance services: cost comparison studies
Federal law — U.S. Code and appendices · legal_authorities
**(a) Requirement.—**
(1)
(A) Before the Secretary of Defense enters into a contract described in subparagraph (B), the Secretary shall determine whether Department of Defense personnel have the capability to perform the services proposed to be covered by the contract.
(B) Subparagraph (A) applies to any contract of the Department of Defense for advisory and assistance services that is expected to have a value in excess of $100,000.
(2) If the Secretary determines that Department of Defense personnel have the capability to perform the services to be covered by the contract, the Secretary shall conduct a study comparing the cost of performing the services with Department of Defense personnel and the cost of performing the services with contractor personnel.
**(b) Waiver.—** The Secretary of Defense may, pursuant to guidelines prescribed by the Secretary, waive the requirement to perform a cost comparison study under subsection (a)(2) based on factors that are not related to cost.
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Stable record: federal_law:legal_authorities:record_usc_f23024688349d1f0db053cc0
Source file: Laws/federal/codes/united-states-code/title-10/section-4509-contracts-for-advisory-and-assistance-services-cost-comparison-studies--41a6e26d90.md
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Source location: Title 10, Chapter 341, § 4509; chapter-341-acquisition-of-services-generally.md
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**(a) Requirement.—**
(1)
(A) Before the Secretary of Defense enters into a contract described in subparagraph (B), the Secretary shall determine whether Department of Defense personnel have the capability to perform the services proposed to be covered by the contract.
(B) Subparagraph (A) applies to any contract of the Department of Defense for advisory and assistance services that is expected to have a value in excess of $100,000.
(2) If the Secretary determines that Department of Defense personnel have the capability to perform the services to be covered by the contract, the Secretary shall conduct a study comparing the cost of performing the services with Department of Defense personnel and the cost of performing the services with contractor personnel.
**(b) Waiver.—** The Secretary of Defense may, pursuant to guidelines prescribed by the Secretary, waive the requirement to perform a cost comparison study under subsection (a)(2) based on factors that are not related to cost.
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary of the Army shall have supplies needed for the Department of the Army made in factories or arsenals owned by the United States, so far as those factories or arsenals can make those supplies on an economical basis.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 7532
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Whenever he considers that it is advantageous to the national defense and that existing facilities of the Department of the Army are inadequate, the Secretary of the Army may, by contract or otherwise, employ the architectural or engineering services of any person outside that Department for producing and delivering designs, plans, drawings, and specifications needed for any public works or utilities project of the Department.
**(b)** The fee for any service under this section may not be more than 10 percent of the estimated cost, as determined by the Secretary, of the project to which it applies.
**(c)** Sections 305, 3324, and 7204, chapter 51, and subchapters III, IV, and VI of chapter 53 of title 5 do not apply to employment under this section.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 7540
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Federal law — U.S. Code and appendices · legal_authorities
Money necessary for the following items for the use of enlisted members of the Army may be spent from appropriations for regular supplies:
(1) Equipment for post bakeries.
(2) Furniture, textbooks, paper, and equipment for post schools.
(3) Tableware and mess furniture for kitchens and mess halls.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 7536
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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) Estimate of Costs.—** The Secretary of the Army shall include in the budget justification documents submitted to Congress in support of the President’s budget for a fiscal year submitted under [section 1105 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105&num=0&edition=prelim) an estimate of the funds to be required in that fiscal year to cover unutilized and underutilized plant-capacity costs at Army arsenals.
**(b) Use of Funds.—** Funds appropriated to the Secretary of the Army for a fiscal year to cover unutilized and underutilized plant-capacity costs at Army arsenals shall be used in such fiscal year only for such costs.
**(c) Treatment of Costs.—**
(1) The Secretary of the Army shall not include unutilized and underutilized plant-capacity costs when evaluating the bid of an Army arsenal for purposes of the arsenal’s contracting to provide a good or service to a Government agency.
(2) When an Army arsenal is serving as a subcontractor to a private-sector entity with respect to a good or service to be provided to a Government agency, the cost charged by the arsenal shall not include unutilized and underutilized plant-capacity costs that are funded by a direct appropriation.
**(d) Definitions.—** In this section:
(1) The term “Army arsenal” means a Government-owned, Government-operated defense plant of the Department of the Army that manufactures weapons, weapon components, or both.
(2) The term “unutilized and underutilized plant-capacity costs” means the costs associated with operating and maintaining the facilities and equipment of an Army arsenal that the Secretary of the Army determines are required to be kept for mobilization needs, in those months in which the facilities and equipment are not used or a
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 7541
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Federal law — U.S. Code and appendices · legal_authorities
Page 2786
TITLE 10—ARMED FORCES
§ 4509
§ 4509. Contracts for advisory and assistance
services: cost comparison studies
(a) REQUIREMENT.—(1)(A) Before the Secretary
of Defense enters into a contract described in
subparagraph (B), the Secretary shall determine
whether Department of Defense personnel have
the capability to perform the services proposed
to be covered by the contract.
(B) Subparagraph (A) applies to any contract
of the Department of Defense for advisory and
assistance services that is expected to have a
value in excess of $100,000.
(2) If the Secretary determines that Depart-
ment of Defense personnel have the capability
to perform the services to be covered by the con-
tract, the Secretary shall conduct a study com-
paring the cost of performing the services with
Department of Defense personnel and the cost of
performing the services with contractor per-
sonnel.
(b) WAIVER.—The Secretary of Defense may,
pursuant to guidelines prescribed by the Sec-
retary, waive the requirement to perform a cost
comparison study under subsection (a)(2) based
on factors that are not related to cost.
(Added Pub. L. 103–337, div. A, title III,
§ 363(a)(1), Oct. 5, 1994, 108 Stat. 2733, § 2410l; re-
numbered § 4509, Pub. L. 116–283, div. A, title
XVIII, § 1856(g), Jan. 1, 2021, 134 Stat. 4275.)
Editorial Notes
PRIOR PROVISIONS
A prior section 4531, act Aug. 10, 1956, ch. 1041, 70A
Stat. 253, authorized Secretary of the Army to procure
materials and facilities necessary to maintain and sup-
port the Army, prior to repeal by Pub. L. 103–160, div.
A, title VIII, § 823(2), Nov. 30, 1993, 107 Stat. 1707.
A prior section 4532 was renumbered section 7532 of
this title.
Prior sections 4533 to 4535 were repealed by Pub. L.
103–160, div. A, title VIII, § 82
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 4509
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