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10 U.S.C. § 1724 — Contracting positions: qualification requirements
Federal law — U.S. Code and appendices · legal_authorities
**(a) Contracting Officers.—** The Secretary of Defense shall require that, in order to qualify to serve in an acquisition position as a contracting officer with authority to award or administer contracts for amounts above the simplified acquisition threshold referred to in [section 3205 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3205&num=0&edition=prelim), an employee of the Department of Defense or member of the armed forces (other than the Coast Guard) must, except as provided in subsections (c) and (d)—
(1) have completed all contracting courses required for a contracting officer (A) in the case of an employee, serving in the position within the grade of the General Schedule in which the employee is serving, and (B) in the case of a member of the armed forces, in the member’s grade;
(2) have at least two years of experience in a contracting position;
(3) have received a baccalaureate degree from an accredited educational institution authorized to grant baccalaureate degrees; and
(4) meet such additional requirements, based on the dollar value and complexity of the contracts awarded or administered in the position, as may be established by the Secretary of Defense for the position.
**(b) GS–1102 Series Positions and Similar Military Positions.—**
(1) The Secretary of Defense shall require that in order to qualify to serve in a position in the Department of Defense that is in the GS–1102 occupational series an employee or potential employee of the Department of Defense meet the requirement set forth in paragraph (3) of subsection (a). The Secretary may not require that in order to serve in such a position an employee or potential employee meet any of the requirements of paragraphs (1) and (2) of that subsection.
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Source file: Laws/federal/codes/united-states-code/title-10/section-1724-contracting-positions-qualification-requirements--c14cdd1c5b.md
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Source location: Title 10, Chapter 87, § 1724; chapter-087-defense-acquisition-workforce.md
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**(a) Contracting Officers.—** The Secretary of Defense shall require that, in order to qualify to serve in an acquisition position as a contracting officer with authority to award or administer contracts for amounts above the simplified acquisition threshold referred to in [section 3205 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3205&num=0&edition=prelim), an employee of the Department of Defense or member of the armed forces (other than the Coast Guard) must, except as provided in subsections (c) and (d)—
(1) have completed all contracting courses required for a contracting officer (A) in the case of an employee, serving in the position within the grade of the General Schedule in which the employee is serving, and (B) in the case of a member of the armed forces, in the member’s grade;
(2) have at least two years of experience in a contracting position;
(3) have received a baccalaureate degree from an accredited educational institution authorized to grant baccalaureate degrees; and
(4) meet such additional requirements, based on the dollar value and complexity of the contracts awarded or administered in the position, as may be established by the Secretary of Defense for the position.
**(b) GS–1102 Series Positions and Similar Military Positions.—**
(1) The Secretary of Defense shall require that in order to qualify to serve in a position in the Department of Defense that is in the GS–1102 occupational series an employee or potential employee of the Department of Defense meet the requirement set forth in paragraph (3) of subsection (a). The Secretary may not require that in order to serve in such a position an employee or potential employee meet any of the requirements of paragraphs (1) and (2) of that subsection.
(2) The Secretary of Defense shall require that in order for a member of the armed forces to be selected for an occupational specialty within the armed forces that (as determined by the Secretary) is similar to the GS–1102 occupational series a member of the armed forces meet the requirement set forth in paragraph (3) of subsection (a). The Secretary may not require that in order to be selected for such an occupational specialty a member meet any of the requirements of paragraphs (1) and (2) of that subsection.
**(c) Exceptions.—** The qualification requirements imposed by the Secretary of Defense pursuant to subsections (a) and (b) shall not apply to an employee of the Department of Defense or member of the armed forces who—
(1) served as a contracting officer with authority to award or administer contracts in excess of the simplified acquisition threshold on or before September 30, 2000;
(2) served, on or before September 30, 2000, in a position either as an employee in the GS–1102 series or as a member of the armed forces in a similar occupational specialty;
(3) is in the contingency contracting force; or
(4) is described in subsection (e)(1)(B).
**(d) Waiver.—** The Secretary of Defense may waive any or all of the requirements of subsections (a) and (b) with respect to an employee of the Department of Defense or member of the armed forces if the Secretary determines that the individual possesses significant potential for advancement to levels of greater responsibility and authority, based on demonstrated job performance and qualifying experience. With respect to each waiver granted under this subsection, the Secretary shall set forth in a written document the rationale for the decision of the Secretary to waive such requirements.
**(e) Developmental Opportunities.—**
(1) The Secretary of Defense may—
(A) establish or continue one or more programs for the purpose of recruiting, selecting, appointing, educating, qualifying, and developing the careers of individuals to meet the requirement of subsection (a)(3);
(B) appoint individuals to developmental positions in those programs; and
(C) separate from the civil service after a three-year probationary period any individual appointed under this subsection who fails to meet the requirement described in subsection (a)(3).
(2) To qualify for any developmental program described in paragraph (1)(B), an individual shall have been awarded a baccalaureate degree, with a grade point average of at least 3.0 (or the equivalent), from an accredited institution of higher education authorized to grant baccalaureate degrees.
**(f) Contingency Contracting Force.—** The Secretary shall establish qualification requirements for the contingency contracting force consisting of members of the armed forces whose mission is to deploy in support of contingency operations and other operations of the Department of Defense.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The head of an Executive agency may pay an employee hostile fire pay at the rate of $150 for any month in which the employee was—
(1) subject to hostile fire or explosion of hostile mines;
(2) on duty in an area in which the employee was in imminent danger of being exposed to hostile fire or explosion of hostile mines and in which, during the period on duty in that area, other employees were subject to hostile fire or explosion of hostile mines; or
(3) killed, injured, or wounded by hostile fire, explosion of a hostile mine, or any other hostile action.
**(b)** An employee covered by subsection (a)(3) who is hospitalized for the treatment of his or her injury or wound may be paid hostile fire pay under this section for not more than three additional months during which the employee is so hospitalized.
**(c)** An employee may be paid hostile fire pay under this section in addition to other pay and allowances to which entitled, except that an employee may not be paid hostile fire pay under this section for periods of time during which the employee receives payment under [section 5925 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5925&num=0&edition=prelim) because of exposure to political violence or payment under [section 5928 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5928&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
(1) **Sense of Congress** — It is the sense of Congress that the Federal air marshal program is critical to aviation security.
(2) **Limitation on statutory construction** — Nothing in this chapter, including any amendment made by this chapter, shall be construed as preventing the Under Secretary of Transportation for Security from implementing and training Federal air marshals.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Qualification Requirements.—**
(1) The Secretary of Defense shall establish education, training, and experience requirements for each acquisition position, based on the level of complexity of duties carried out in the position. In establishing such requirements, the Secretary shall ensure the availability and sufficiency of training in all areas of acquisition, including additional training courses with an emphasis on services contracting, market research strategies (including assessments of local contracting capabilities), long-term sustainment strategies, information technology, and rapid acquisition.
(2) In establishing such requirements for positions other than critical acquisition positions designated pursuant to [section 1731 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1731&num=0&edition=prelim), the Secretary may state the requirements by categories of positions.
(3) The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall establish requirements for continuing education and periodic renewal of an individual’s certification.
**(b) Career Path Requirements.—** For each career path, the Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall establish requirements for the completion of course work and related on-the-job training and demonstration of qualifications in duties and tasks of the career path. The Secretary of Defense, acting through the Under Secretary, shall also—
(1) direct individuals in the acquisition workforce to maintain the currency of their acquisition knowledge and generally enhance their knowledge of related acquisition management disciplines through academic programs and other self-d
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1723
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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) In General.—** A portfolio acquisition executive is the senior acquisition official designated by the component acquisition executive or the service acquisition executive of the military department concerned, as applicable, to lead a portfolio of capabilities, with authority for plans, budgets, and execution of programs assigned to the portfolio, including life-cycle management.
**(b) Reporting Relationships.—** To ensure streamlined accountability for management, the following relationships shall apply:
(1) Each program manager (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 defense acquisition program shall report directly to the portfolio acquisition executive for such program unless otherwise directed by the component acquisition executive or service acquisition executive of the military department concerned (as applicable).
(2) Each portfolio acquisition executive shall report directly to the component acquisition executive or the service acquisition executive of the military department concerned (as applicable).
(3) The component acquisition executive or service acquisition executive of the military department concerned (as applicable) shall oversee the designation of, performance of, and resource allocation for all portfolio acquisition executives.
**(c) Responsibilities.—** For the defense acquisition programs assigned to a portfolio acquisition executive, such portfolio acquisition executive shall—
(1) ensure that activities carried out under such programs are aligned with, and are conducted in a manner that supports, the objectives of the defense acquisition system established pursuant to [section 3102 of this title](https://uscode.house.gov/vi
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1732
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) The General Schedule, the symbol for which is “GS”, is the basic pay schedule for positions to which this subchapter applies. Each employee to whom this subchapter applies is entitled to basic pay in accordance with the General Schedule.
(2) The General Schedule is a schedule of annual rates of basic pay, consisting of 15 grades, designated “GS–1” through “GS–15”, consecutively, with 10 rates of pay for each such grade. The rates of pay of the General Schedule are adjusted in accordance with section 5303.
**(b)** When payment is made on the basis of an hourly, daily, weekly, or biweekly rate, the rate is computed from the appropriate annual rate of basic pay named by subsection (a) of this section in accordance with the rules prescribed by [section 5504(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5504/b&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5332
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authorization.—** In order to promote efficiency and economy in contracting and to avoid unnecessary burdens for agencies and contractors, the Federal Acquisition Regulation shall provide for—
(1) special simplified procedures for purchases of property and services for amounts not greater than the simplified acquisition threshold; and
(2) special simplified procedures for purchases of property and services for amounts greater than the simplified acquisition threshold but not greater than $5,000,000 with respect to which the contracting officer reasonably expects, based on the nature of the property or services sought and on market research, that offers will include only commercial products or commercial services.
**(b) Prohibition on Dividing Contracts.—** A proposed purchase or contract for an amount above the simplified acquisition threshold may not be divided into several purchases or contracts for lesser amounts in order to use the simplified procedures required by subsection (a).
**(c) Promotion of Competition.—** In using simplified procedures, the head of an agency shall promote competition to the maximum extent practicable.
**(d) Compliance With Special Requirements of Federal Acquisition Regulation.—** The head of an agency shall comply with the Federal Acquisition Regulation provisions referred to in [section 1901(e) of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1901/e&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3205
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Federal law — U.S. Code and appendices · legal_authorities
Page 1564
TITLE 10—ARMED FORCES
§ 1724
Sustainment’’ for ‘‘Under Secretary of Defense for Ac-
quisition, Technology, and Logistics’’ in introductory
provisions.
Pub. L. 116–92, § 861(h), struck out ‘‘the critical acqui-
sition-related’’ after ‘‘qualifications in’’ in introduc-
tory provisions.
Subsec. (b)(1). Pub. L. 116–92, § 861(a)(4)(B), substituted
‘‘direct’’ for ‘‘encourage’’.
2011—Subsec. (a). Pub. L. 111–383, § 874(a), amended
subsec. (a) generally. Prior to amendment, text read as
follows: ‘‘The Secretary of Defense shall establish edu-
cation, training, and experience requirements for each
acquisition position, based on the level of complexity
of duties carried out in the position. In establishing
such requirements for positions other than critical ac-
quisition positions designated pursuant to section 1733
of this title, the Secretary may state the requirements
by categories of positions.’’
Subsecs. (b), (c). Pub. L. 111–383, § 873(b), added subsec.
(b) and redesignated former subsec. (b) as (c).
1996—Subsec. (a). Pub. L. 104–201 struck out ‘‘Unless
otherwise provided in this chapter, such requirements
shall take effect not later than October 1, 1993.’’ after
first sentence.
Statutory Notes and Related Subsidiaries
INFORMATION TECHNOLOGY ACQUISITION WORKFORCE
Pub. L. 111–383, div. A, title VIII, § 875, Jan. 7, 2011, 124
Stat. 4305, provided that:
‘‘(a) PLAN REQUIRED.—The Secretary of Defense shall
develop and carry out a plan to strengthen the part of
the acquisition workforce that specializes in informa-
tion technology. The plan shall include the following:
‘‘(1) Defined targets for billets devoted to informa-
tion technology acquisition.
‘‘(2) Specific certification requirements for individ-
uals in the acquisition workforce who spe
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 1724
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