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10 U.S.C. § 4021 — Research projects: transactions other than contracts and grants

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

10 U.S.C. § 4021 — Research projects: transactions other than contracts and grants

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Stable record: federal_law:legal_authorities:record_usc_fa497a7f8c6330a9d8738925
Source file: Laws/federal/codes/united-states-code/title-10/section-4021-research-projects-transactions-other-than-contracts-and-grants--7e77e971c1.md
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Source location: Title 10, Chapter 301, § 4021; chapter-301-research-and-engineering-generally.md

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**(a) Additional Forms of Transactions Authorized.—** The Secretary of Defense and the Secretary of each military department may enter into transactions (other than contracts, cooperative agreements, and grants) under the authority of this subsection in carrying out basic, applied, and advanced research projects. The authority under this subsection is in addition to the authority provided in [section 4001 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4001&num=0&edition=prelim) to use contracts, cooperative agreements, and grants in carrying out such projects. **(b) Exercise of Authority by Secretary of Defense.—** In any exercise of the authority in subsection (a), the Secretary of Defense shall act through the Defense Advanced Research Projects Agency, the Defense Innovation Unit, or any other element of the Department of Defense that the Secretary may designate. **(c) Advance Payments.—** The authority provided under subsection (a) may be exercised without regard to [section 3324 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3324&num=0&edition=prelim). **(d) Recovery of Funds.—** (1) A cooperative agreement for performance of basic, applied, or advanced research authorized by [section 4001 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4001&num=0&edition=prelim) and a transaction authorized by subsection (a) may include a clause that requires a person or other entity to make payments to the Department of Defense or any other department or agency of the Federal Government as a condition for receiving support under the agreement or other transaction. (2) The amount of any payment received by the Federal Government pursuant to a requirement imposed under paragraph (1) may be credited, to the extent authorized by the Secretary of Defense, to the appropriate account established under subsection (f). Amounts so credited shall be merged with other funds in the account and shall be available for the same purposes and the same period for which other funds in such account are available. **(e) Conditions.—** The Secretary of Defense shall ensure that— (1) to the maximum extent practicable, no cooperative agreement containing a clause under subsection (d) and no transaction entered into under subsection (a) provides for research that duplicates research being conducted under existing programs carried out by the Department of Defense; and (2) to the extent that the Secretary determines practicable, the funds provided by the Government under a cooperative agreement containing a clause under subsection (d) or a transaction authorized by subsection (a) do not exceed the total amount provided by other parties to the cooperative agreement or other transaction. **(f) Support Accounts.—** There is hereby established on the books of the Treasury separate accounts for each of the military departments, the Defense Innovation Unit, and the Defense Advanced Research Projects Agency for support of research projects and development projects provided for in cooperative agreements containing a clause under subsection (d) and research projects provided for in transactions entered into under subsection (a). Funds in those accounts shall be available for the payment of such support. **(g) Education and Training.—** The Secretary of Defense shall— (1) ensure that management, technical, and contracting personnel of the Department of Defense involved in the award or administration of transactions under this section or other innovative forms of contracting are afforded opportunities for adequate education and training; and (2) establish minimum levels and requirements for continuous and experiential learning for such personnel, including levels and requirements for acquisition certification programs. **(h) Guidance.—** The Secretary of Defense shall issue guidance to carry out this section. **(i) Protection of Certain Information From Disclosure.—** (1) Disclosure of information described in paragraph (2) is not required, and may not be compelled, under [section 552 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552&num=0&edition=prelim) for five years after the date on which the information is received by the Department of Defense. (2) (A) Paragraph (1) applies to information described in subparagraph (B) that is in the records of the Department of Defense if the information was submitted to the Department in a competitive or noncompetitive process having the potential for resulting in an award, to the party submitting the information, of a cooperative agreement for performance of basic, applied, or advanced research authorized by [section 4001 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4001&num=0&edition=prelim) or another transaction authorized by subsection (a). (B) The information referred to in subparagraph (A) is the following: (i) A proposal, proposal abstract, and supporting documents. (ii) A business plan submitted on a confidential basis. (iii) Technical information submitted on a confidential basis.

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

10 U.S.C. § 4022 — Authority of the Department of Defense to carry out certain prototype projects

**(a) Authority.—** (1) Subject to paragraph (2), the Director of the Defense Advanced Research Projects Agency, the Director of the Defense Innovation Unit, the Secretary of a military department, or any other official designated by the Secretary of Defense may, under the authority of [section 4021 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4021&num=0&edition=prelim), carry out prototype projects that are directly relevant to enhancing the mission effectiveness of personnel of the Department of Defense or improving platforms, systems, components, or materials proposed to be acquired or developed by the Department of Defense, or to improvement of platforms, systems, components, or materials in use by the armed forces. (2) The authority of this section— (A) may be exercised for a transaction for a prototype project that is expected to cost the Department of Defense in excess of $100,000,000 but not in excess of $500,000,000 (including all options) only upon a written determination by the head of the contracting activity, or, for the Defense Advanced Research Projects Agency, the Defense Innovation Unit, or the Missile Defense Agency, the director of the agency that— (i) the requirements of subsection (d) will be met; and (ii) the use of the authority of this section is essential to promoting the success of the prototype project; (B) may be exercised for a transaction for a prototype project that is expected to cost the Department of Defense in excess of $500,000,000 (including all options) only if— (i) the senior procurement executive for the agency as designated for the purpose of [section 1702(c) of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1702/c&num=0&ed

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4022

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

10 U.S.C. § 3401 — Task and delivery order contracts: definitions

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

31 U.S.C. § 3324 — Advances

**(a)** Except as provided in this section, a payment under a contract to provide a service or deliver an article for the United States Government may not be more than the value of the service already provided or the article already delivered. **(b)** An advance of public money may be made only if it is authorized by— (1) a specific appropriation or other law; or (2) the President to be made to— (A) a disbursing official if the President decides the advance is necessary to carry out— (i) the duties of the official promptly and faithfully; and (ii) an obligation of the Government; or (B) an individual serving in the armed forces at a distant station if the President decides the advance is necessary to disburse regularly pay and allowances. **(c)** Before the Secretary of the Treasury acts on a requisition for an advance, the Comptroller General shall act on the requisition under [section 3522 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3522&num=0&edition=prelim). The Comptroller General does not countersign a requisition for an advance. **(d)** The head of an agency may pay in advance from appropriations available for the purpose— (1) to the Secretary of the Army, charges for messages sent by the Secretary of the Army for the head of the agency, including charges for— (A) payment of tolls of commercial carriers; (B) leasing facilities for sending messages; and (C) installing and maintaining facilities for sending messages; and (2) charges for a publication printed or recorded in any way for the auditory or visual use of the agency.

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

10 U.S.C. § 2371 — Renumbered § 4021]

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

10 U.S.C. § 2358 — Renumbered § 4001]

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

10 U.S.C. § 8752 — Contracts for research

**(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.

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

10 U.S.C. § 2371a — Renumbered § 4026]

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

10 U.S.C. § 2304d — Renumbered § 3401]

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

5 U.S.C. § 552 — Public information; agency rules, opinions, orders, records, and proceedings

**(a)** Each agency shall make available to the public information as follows: (1) Each agency shall separately state and currently publish in the Federal Register for the guidance of the public— (A) descriptions of its central and field organization and the established places at which, the employees (and in the case of a uniformed service, the members) from whom, and the methods whereby, the public may obtain information, make submittals or requests, or obtain decisions; (B) statements of the general course and method by which its functions are channeled and determined, including the nature and requirements of all formal and informal procedures available; (C) rules of procedure, descriptions of forms available or the places at which forms may be obtained, and instructions as to the scope and contents of all papers, reports, or examinations; (D) substantive rules of general applicability adopted as authorized by law, and statements of general policy or interpretations of general applicability formulated and adopted by the agency; and (E) each amendment, revision, or repeal of the foregoing. Except to the extent that a person has actual and timely notice of the terms thereof, a person may not in any manner be required to resort to, or be adversely affected by, a matter required to be published in the Federal Register and not so published. For the purpose of this paragraph, matter reasonably available to the class of persons affected thereby is deemed published in the Federal Register when incorporated by reference therein with the approval of the Director of the Federal Register. (2) Each agency, in accordance with published rules, shall make available for public inspection in an electronic format— (A) final opinions, including concurring and dissen

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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).

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3001

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