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10 U.S.C. § 4501 — Procurement of contract services: management structure

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

10 U.S.C. § 4501 — Procurement of contract services: management structure

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Source file: Laws/federal/codes/united-states-code/title-10/section-4501-procurement-of-contract-services-management-structure--4ebdf7a1e2.md
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Source location: Title 10, Chapter 341, § 4501; chapter-341-acquisition-of-services-generally.md

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**(a) Requirement for Management Structure.—** The Secretary of Defense shall establish and implement a management structure for the procurement of contract services for the Department of Defense. The management structure shall provide, at a minimum, for the matters specified in subsections (b), (c), (d), and (e). **(b) Policies, Procedures, and Best Practices Guidelines.—** The management structure implemented pursuant to subsection (a) shall provide that the Under Secretary of Defense for Acquisition and Sustainment shall develop and maintain (in consultation with the service acquisition executives) policies, procedures, and best practices guidelines addressing the procurement of contract services, including policies, procedures, and best practices guidelines for— (1) acquisition planning; (2) solicitation and contract award; (3) requirements development and management; (4) contract tracking and oversight; (5) performance evaluation; and (6) risk management. **(c) Personnel and Support.—** The management structure implemented pursuant to subsection (a) shall provide that the Under Secretary shall work with the service acquisition executives and other appropriate officials of the Department of Defense— (1) to identify the critical skills and competencies needed to carry out the procurement of contract services on behalf of the Department of Defense; (2) to develop a comprehensive strategy for recruiting, training, and deploying employees to meet the requirements for such skills and competencies; and (3) to ensure that the military departments and Defense Agencies have staff and administrative support that are adequate to effectively perform their duties under this section and [section 4502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4502&num=0&edition=prelim). **(d) Contract Services Acquisition Categories.—** The management structure implemented pursuant to subsection (a) shall provide that the Under Secretary shall establish contract services acquisition categories, based on dollar thresholds, for the purpose of establishing the level of review, decision authority, and applicable procedures in such categories. **(e) Oversight of Implementation.—** The management structure implemented pursuant to subsection (a) shall provide that the Under Secretary shall oversee the implementation of the requirements of this section and [section 4502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4502&num=0&edition=prelim) and the policies, procedures, and best practices guidelines established pursuant to subsection (b). **(f) Contract Services.—** In this section, the term “contract services” has the meaning given that term in [section 4502(d)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4502/d/2&num=0&edition=prelim).

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

10 U.S.C. § 4502 — Procurement of contract services: senior officials responsible for management of acquisition of contract services

**(a) Senior Officials.—** The management structure implemented pursuant to [section 4501 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4501&num=0&edition=prelim) shall provide for the following: (1) The service acquisition executive of each military department shall be the senior official responsible for the management of acquisition of contract services for or on behalf of the military department. (2) The Under Secretary of Defense for Acquisition and Sustainment shall be the senior official responsible for the management of acquisition of contract services for or on behalf of the Defense Agencies and other components of the Department of Defense outside the military departments. **(b) Duties and Responsibilities of Senior Officials Responsible for the Management of Acquisition of Contract Services.—** (1) Except as provided in paragraph (2), the senior officials responsible for the management of acquisition of contract services shall assign responsibility for the review and approval of procurements in each contract services acquisition category established under [section 4501(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4501/d&num=0&edition=prelim) to specific Department of Defense officials, subject to the direction, supervision, and oversight of such senior officials. (2) With respect to the acquisition of contract services by a component or command of the Department of Defense the primary mission of which is the acquisition of products and services, such acquisition shall be conducted in accordance with policies, procedures, and best practices guidelines developed and maintained by the Under Secretary of Defense for Acquisition and Sustainment pursuant to [section 45

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4502

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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).

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

10 U.S.C. § 2330 — Renumbered § 4501]

### Statutory Notes #### Prior Provisions A prior section 2330, added Pub. L. 100–456, div. A, title VIII, § 801(a)(1), Sept. 29, 1988, 102 Stat. 2007; amended Pub. L. 101–510, div. A, title XIV, § 1484(h)(2), Nov. 5, 1990, 104 Stat. 1717; Pub. L. 102–190, div. A, title VIII, § 802(d), Dec. 5, 1991, 105 Stat. 1414, related to integrated financing policy, prior to repeal by Pub. L. 102–484, div. D, title XLII, § 4271(a)(1), Oct. 23, 1992, 106 Stat. 2695. Another prior section 2330 was renumbered [section 2349 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2349&num=0&edition=prelim).

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

10 U.S.C. § 4882 — Industrial mobilization: orders; priorities; possession of manufacturing plants; violations

**(a) Ordering Authority.—** In time of war or when war is imminent, the President, through the head of any department, may order from any person or organized manufacturing industry necessary products or materials of the type usually produced or capable of being produced by that person or industry. **(b) Compliance With Order Required.—** A person or industry with whom an order is placed under subsection (a), or the responsible head thereof, shall comply with that order and give it precedence over all orders not placed under that subsection. **(c) Seizure of Manufacturing Plants Upon Noncompliance.—** In time of war or when war is imminent, the President, through the head of any department, may take immediate possession of any plant that is equipped to manufacture, or that in the opinion of the head of that department is capable of being readily transformed into a plant for manufacturing, arms or ammunition, parts thereof, or necessary supplies for the armed forces if the person or industry owning or operating the plant, or the responsible head thereof, refuses— (1) to give precedence to the order as prescribed in subsection (b); (2) to manufacture the kind, quantity, or quality of arms or ammunition, parts thereof, or necessary supplies, as ordered by the head of such department; or (3) to furnish them at a reasonable price as determined by the head of such department. **(d) Use of Seized Plant.—** The President, through the head of any department, may manufacture products that are needed in time of war or when war is imminent, in any plant that is seized under subsection (c). **(e) Compensation Required.—** Each person or industry from whom products or materials are ordered under subsection (a) is entitled to fair and just compensation. Each person or industry

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

10 U.S.C. § 3762 — Independent research and development costs: allowable costs

**(a) Regulations.—** The Secretary of Defense shall prescribe regulations governing the payment by the Department of Defense of expenses incurred by contractors for independent research and development costs. Such regulations shall provide that expenses incurred for independent research and development shall be reported independently from other allowable indirect costs. **(b) Costs Treated as Fair and Reasonable, and Allowable, Expenses.—** The regulations prescribed under subsection (a) shall provide that independent research and development costs shall be considered a fair and reasonable, and allowable, indirect expense on Department of Defense contracts. **(c) Additional Controls.—** Subject to subsection (d), the regulations prescribed under subsection (a) may include the following provisions: (1) Controls on the reimbursement of costs to the contractor for expenses incurred for independent research and development to ensure that such costs were incurred for independent research and development. (2) Implementation of regular methods for transmission— (A) from the Department of Defense to contractors, in a reasonable manner, of timely and comprehensive information regarding planned or expected needs of the Department of Defense for future technology and advanced capability; and (B) from contractors to the Department of Defense, in a reasonable manner, of information regarding progress by the contractor on the independent research and development programs of the contractor. **(d) Limitations on Regulations.—** Regulations prescribed under subsection (a) may not include provisions that would infringe on the independence of a contractor to choose which technologies to pursue in its independent research and development program if the chief executive officer o

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3762

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

10 U.S.C. § 4873 — Additional requirements pertaining to printed circuit boards

**(a) In General.—** (1) Beginning on the date determined under paragraph (3), the Secretary of Defense may not acquire a covered printed circuit board from a covered nation. (2) Paragraph (1) shall not apply with respect to any acquisition of supplies or services below the micro-purchase threshold under [section 3573 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3573&num=0&edition=prelim). (3) Paragraph (1) shall take effect on January 1, 2027. **(b) Waiver.—** (1) The Secretary may waive the prohibition under subsection (a) if the Secretary determines in writing that— (A) there are no significant national security concerns regarding counterfeiting, quality, or unauthorized access created by such waiver; (B) the waiver is required to support national security; and (C) a covered printed circuit board of satisfactory quality and sufficient quantity, in the required form, cannot be procured as and when needed from nations other than a covered nation at reasonable cost, excluding comparisons with non-market economies. (2) Not later than 10 days after the Secretary provides a waiver under paragraph (1), the Secretary shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a written notice setting forth the reasoning for the waiver, together with a copy of the waiver itself. **(c) Definitions.—** In this section: (1) **Covered nation.—** — The term “covered nation” means— (A) the Democratic People’s Republic of North Korea; (B) the People’s Republic of China; (C) the Russian Federation; and (D) the Islamic Republic of Iran. (2) **Covered printed circuit board.—** — The term “covered printed circuit board” means any specified typ

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4873

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

15 U.S.C. § 4653 — Department of Defense

**(a) Department of Defense efforts** (1) **In general** — Subject to the availability of appropriations for such purposes, the Secretary of Defense, in consultation with the Secretary of Commerce, the Secretary of Energy, the Secretary of Homeland Security, and the Director of National Intelligence, shall establish a public-private partnership through which the Secretary shall work to incentivize the formation of one or more consortia of companies (or other such partnerships of private-sector entities, as appropriate) to ensure the development and production of measurably secure microelectronics, including integrated circuits, logic devices, memory, and the packaging and testing practices that support these microelectronic components by the Department of Defense, the intelligence community, critical infrastructure sectors, and other national security applications. Such incentives may include the use of grants under [section 4652 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section4652&num=0&edition=prelim), and providing incentives for the creation, expansion, or modernization of one or more commercially competitive and sustainable microelectronics manufacturing or advanced research and development facilities in the United States. (2) **Risk mitigation requirements** — A participant in a consortium formed with incentives under paragraph (1)— (A) shall have the potential to enable design, perform fabrication, assembly, package, or test functions for microelectronics deemed critical to national security as defined by the National Security Advisor and the Secretary of Defense; (B) may be a fabless company migrating its designs to the facility envisioned in paragraph (1) or migrating to an existing facility onshore; (C) may

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 4653

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

41 U.S.C. § 4713 — Authorities relating to mitigating supply chain risks in the procurement of covered articles

**(a) Authority.—** Subject to subsection (b), the head of an executive agency may carry out a covered procurement action. **(b) Determination and Notification.—** Except as authorized by subsection (c) to address an urgent national security interest, the head of an executive agency may exercise the authority provided in subsection (a) only after— (1) obtaining a joint recommendation, in unclassified or classified form, from the chief acquisition officer and the chief information officer of the agency, or officials performing similar functions in the case of executive agencies that do not have such officials, which includes a review of any risk assessment made available by the executive agency identified under [section 1323(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1323/a/3&num=0&edition=prelim), that there is a significant supply chain risk in a covered procurement; (2) providing notice of the joint recommendation described in paragraph (1) to any source named in the joint recommendation advising— (A) that a recommendation is being considered or has been obtained; (B) to the extent consistent with the national security and law enforcement interests, of information that forms the basis for the recommendation; (C) that, within 30 days after receipt of the notice, the source may submit information and argument in opposition to the recommendation; and (D) of the procedures governing the consideration of the submission and the possible exercise of the authority provided in subsection (a); (3) making a determination in writing, in unclassified or classified form, after considering any information submitted by a source under paragraph (2) and in consultation with the chief information security officer of t

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

50 U.S.C. § 82 — Procurement of ships and material during war

**(a) Definitions** The word “person” as used in subsections (b) and (c) shall include any individual, trustee, firm, association, company, or corporation. The word “ship” shall include any boat, vessel, submarine, or any form of aircraft, and the parts thereof. The words “war material” shall include arms, armament, ammunition, stores, supplies, and equipment for ships and airplanes, and everything required for or in connection with the production thereof. The word “factory” shall include any factory, workshop, engine works, building used for manufacture, assembling, construction, or any process, and any shipyard or dockyard. The words “United States” shall include the Canal Zone and all territory and waters, continental and insular, subject to the jurisdiction of the United States. **(b) Presidential powers** In time of war the President is authorized and empowered, in addition to all other existing provisions of law: First. Within the limits of the amounts appropriated therefor, to place an order with any person for such ships or war material as the necessities of the Government, to be determined by the President, may require and which are of the nature, kind, and quantity usually produced or capable of being produced by such person. Compliance with all such orders shall be obligatory on any person to whom such order is given, and such order shall take precedence over all other orders and contracts theretofore placed with such person. If any person owning, leasing, or operating any factory equipped for the building or production of ships or war material for the Navy shall refuse or fail to give to the United States such preference in the execution of such an order, or shall refuse to build, supply, furnish, or manufacture the kind, quantity, or quality of ships or wa

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10 U.S.C. § 4501 — Procurement of contract services: man-

Page 2776 TITLE 10—ARMED FORCES § 4501 simulator, or to any renewal or extension of, or follow- on contract to, such a contract, if— ‘‘(1) the contract was in effect as of October 17, 2006; ‘‘(2) the number of flight simulators to be acquired under the contract (or renewal, extension, or follow- on) will not result in the total number of flight sim- ulators acquired by the military department con- cerned through service contracts to exceed the total number of flight simulators to be acquired under all service contracts of such department for such simula- tors in effect as of October 17, 2006; and ‘‘(3) in the case of a renewal or extension of, or fol- low-on contract to, the contract, the Secretary of the military department concerned provides to the con- gressional defense committees a written notice of the decision to exercise an option to renew or extend the contract, or to issue a solicitation for bids or pro- posals using competitive procedures for a follow-on contract, and an economic analysis as described in subsection (c) supporting the decision, at least 30 days before carrying out such decision.’’ IMPROVEMENTS IN PROCUREMENTS OF SERVICES Pub. L. 106–398, § 1 [[div. A], title VIII, § 821], Oct. 30, 2000, 114 Stat. 1654, 1654A–217, as amended by Pub. L. 108–136, div. A, title XIV, § 1431(c), Nov. 24, 2003, 117 Stat. 1672; Pub. L. 115–232, div. A, title VIII, § 836(f)(2), Aug. 13, 2018, 132 Stat. 1871, provided that: ‘‘(a) PREFERENCE FOR PERFORMANCE-BASED SERVICE CONTRACTING.—Not later than 180 days after the date of the enactment of this Act [Oct. 30, 2000], the Federal Acquisition Regulation issued in accordance with sec- tions 6 and 25 of the Office of Federal Procurement Pol- icy Act ([former] 41 U.S.C. 405 and 421) [see 41 U.S.C. 1121 an

Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 4501

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