10 U.S.C. § 4502 — Procurement of contract services: senior

Page 2777 TITLE 10—ARMED FORCES § 4502 119 Stat. 3376; Pub. L. 112–239, div. A, title VIII, § 845(d), Jan. 2, 2013, 126 Stat. 1848; Pub. L. 116–92, div. A, title IX, § 902(51), Dec. 20, 2019, 133 Stat. 1548; renumbered § 4501 and amended Pub. L. 116–283, div. A, title XVIII, § 1856(c)–(e), Jan. 1, 2021, 134 Stat. 4274.) Editorial Notes PRIOR PROVISIONS A prior section 4501, act Aug. 10, 1956, ch. 1041, 70A Stat. 251, which related to industrial mobilization by the President in time of war, was repealed by Pub. L. 103–160, div. A, title VIII, § 822(a)(2), Nov. 30, 1993, 107 Stat. 1705. See section 4882 of this title. AMENDMENTS 2021—Pub. L. 116–283, § 1856(e)(2), redesignated par. (1) of subsec. (a) as subsec. (b) and subpars. (B) to (D) of former par. (1) as subsecs. (c) to (e), respectively. Pub. L. 116–283, § 1856(d), transferred subsecs. (a)(2), (3), (b), and (c) to section 4502 of this title. Amendment notes below prior to 2021 relate to section as it read be- fore such provisions were transferred. Pub. L. 116–283, § 1856(c), renumbered section 2330 of this title as this section. Subsec. (a). Pub. L. 116–283, § 1856(e)(1), substituted ‘‘for the matters specified in subsections (b), (c), (d), and (e).’’ for ‘‘for the following:’’. Subsec. (b). Pub. L. 116–283, § 1856(e)(3), inserted head- ing, substituted ‘‘The management structure imple- mented pursuant to subsection (a) shall provide that the Under Secretary of Defense for Acquisition and Sustainment shall develop and maintain’’ for ‘‘The Under Secretary of Defense for Acquisition and Sustainment shall—(A) develop and maintain’’, redesig- nated cls. (i) to (vi) as pars. (1) to (6), respectively, sub- stituted period for semicolon at end of par. (6), and re- aligned margins. Subsec. (c). Pub. L. 116–283, § 1856(e)(4)(A)–(C), inserted heading, substituted ‘‘The management structure im- plemented pursuant to subsection (a) shall provide that the Under Secretary shall work with’’ for ‘‘work with’’ in introductory provisions, redesignated cls. (i) to (iii) as pars. (1) to (3), respectively, and realigned margins. Subsec. (c)(3). Pub. L. 116–283, § 1856(e)(4)(D), (E), sub- stituted ‘‘under this section and section 4502 of this title.’’ for ‘‘under this section;’’. Subsec. (d). Pub. L. 116–283, § 1856(e)(5), inserted head- ing, substituted ‘‘The management structure imple- mented pursuant to subsection (a) shall provide that the Under Secretary shall establish contract’’ for ‘‘es- tablish contract’’ and period for ‘‘; and’’, and realigned margins. Subsec. (e). Pub. L. 116–283, § 1856(e)(6), inserted head- ing, substituted ‘‘The management structure imple- mented pursuant to subsection (a) shall provide that the Under Secretary shall oversee the’’ for ‘‘oversee the’’ and ‘‘subsection (b)’’ for ‘‘subparagraph (A)’’, in- serted ‘‘and section 4502 of this title’’ after ‘‘of this sec- tion’’, and realigned margins. Subsec. (f). Pub. L. 116–283, § 1856(e)(7), added subsec. (f). 2019—Subsecs. (a)(1), (3), (b)(2), (3)(A). Pub. L. 116–92 substituted ‘‘Under Secretary of Defense for Acquisi- tion and Sustainment’’ for ‘‘Under Secretary of Defense for Acquisition, Technology, and Logistics’’. 2013—Subsec. (c)(2). Pub. L. 112–239 substituted ‘‘in- cluding services in support of contingency operations. The term does not include services relating to research and development or military construction.’’ for ‘‘other than services relating to research and development or military construction.’’ 2006—Pub. L. 109–163 amended section generally. Prior to amendment, section consisted of subsecs. (a) to (c) relating to requirement for management structure, contracting responsibilities of designated officials, and definitions. 2002—Subsec. (c). Pub. L. 107–314 inserted comma after ‘‘a task order’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title. § 4502. Procurement of contract services: senior officials responsible for management of ac- quisition of contract services (a) SENIOR OFFICIALS.—The management structure implemented pursuant to section 4501 of this title shall provide for the following: (1) The service acquisition executive of each military department shall be the senior offi- cial responsible for the management of acqui- sition of contract services for or on behalf of the military department. (2) The Under Secretary of Defense for Ac- quisition and Sustainment shall be the senior official responsible for the management of ac- quisition of contract services for or on behalf of the Defense Agencies and other components of the Department of Defense outside the mili- tary departments. (b) DUTIES AND RESPONSIBILITIES OF SENIOR OF- FICIALS 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 es- tablished under section 4501(d) of this title 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 De- partment of Defense the primary mission of which is the acquisition of products and serv- ices, such acquisition shall be conducted in ac- cordance with policies, procedures, and best practices guidelines developed and maintained by the Under Secretary of Defense for Acquisi- tion and Sustainment pursuant to section 4501 of this title, subject to oversight by the senior offi- cials referred to in paragraph (1). (c) DUTIES AND RESPONSIBILITIES.—In carrying out subsection (b)(1), each senior official respon- sible for the management of acquisition of con- tract services shall— (1) implement the requirements of this sec- tion and section 4501 of this title and the poli- cies, procedures, and best practices guidelines developed by the Under Secretary of Defense for Acquisition and Sustainment pursuant to section 4501(b) of this title; (2) authorize the procurement of contract services through contracts entered into by agencies outside the Department of Defense in appropriate circumstances, in accordance with the requirements of section 854 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (10 U.S.C. 2304 note), section 814 of the Strom Thurmond National Page 2778 TITLE 10—ARMED FORCES § 4505 Defense Authorization Act for Fiscal Year 1999 (31 U.S.C. 1535 note), and the regulations im- plementing such sections; (3) dedicate full-time commodity managers to coordinate the procurement of key cat- egories of services; (4) ensure that contract services are pro- cured by means of procurement actions that are in the best interests of the Department of Defense and are entered into and managed in compliance with applicable laws, regulations, directives, and requirements; (5) ensure that competitive procedures and performance-based contracting are used to the maximum extent practicable for the procure- ment of contract services; and (6) monitor data collection under section 4505 of this title, and periodically conduct spending analyses, to ensure that funds ex- pended for the procurement of contract serv- ices are being expended in the most rational and economical manner practicable. (d) DEFINITIONS.—In this section: (1) The term ‘‘procurement action’’ includes the following actions: (A) Entry into a contract or any other form of agreement. (B) Issuance of a task order, delivery order, or military interdepartmental pur- chase request. (2) The term ‘‘contract services’’ includes all services acquired from private sector entities by or for the Department of Defense, including services in support of contingency operations. The term does not include services relating to research and development or military con- struction. (Added and amended Pub. L. 116–283, div. A, title XVIII, § 1856(d), (f), Jan. 1, 2021, 134 Stat. 4274, 4275; Pub. L. 117–81, div. A, title XVII, § 1701(b)(19)(A), Dec. 27, 2021, 135 Stat. 2135.) Editorial Notes REFERENCES IN TEXT Section 854 of the Ronald W. Reagan National De- fense Authorization Act for Fiscal Year 2005, referred to in subsec. (c)(2), is section 854 of div. A of Pub. L. 108–375, which is set out as a note under section 2304 of this title. Section 814 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999, referred to in subsec. (c)(2), is section 814 of div. A of Pub. L. 105–261, which was formerly set out as a note under section 1535 of Title 31, Money and Finance. CODIFICATION The text of subsecs. (a)(2), (3), (b), and (c) of section 4501 of this title, which was transferred to this section by Pub. L. 116–283, § 1856(d), was based on Pub. L. 107–107, div. A, title VIII, § 801(b)(1), Dec. 28, 2001, 115 Stat. 1174, § 2330; Pub. L. 107–314, div. A, title X, § 1062(a)(8), Dec. 2, 2002, 116 Stat. 2650; Pub. L. 109–163, div. A, title VIII, § 812(a)(1), Jan. 6, 2006, 119 Stat. 3376; Pub. L. 112–239, div. A, title VIII, § 845(d), Jan. 2, 2013, 126 Stat. 1848; Pub. L. 116–92, div. A, title IX, § 902(51)(B)–(D), Dec. 20, 2019, 133 Stat. 1549; renumbered § 4501, Pub. L. 116–283, div. A, title XVIII, § 1856(c), Jan. 1, 2021, 134 Stat. 4274. Amendment notes prior to 2021 relevant to this section can be found under section 4501 of this title. PRIOR PROVISIONS A prior section 4502, act Aug. 10, 1956, ch. 1041, 70A Stat. 252, which related to maintenance by Secretary of the Army of lists of plants equipped to manufacture arms or ammunition and of plants convertible into am- munition factories and provided for a Board on Mobili- zation of Industries Essential for Military Prepared- ness, was repealed by Pub. L. 103–160, div. A, title VIII, § 822(a)(2), Nov. 30, 1993, 107 Stat. 1705. See sections 4883 and 4884 of this title. Prior sections 4503 and 4504 were repealed by Pub. L. 103–160, div. A, title VIII, §§ 822(c)(2), 827(c), Nov. 30, 1993, 107 Stat. 1707, 1713. Section 4503, act Aug. 10, 1956, ch. 1041, 70A Stat. 252, related to research and development programs of the Army. Section 4504, act Aug. 10, 1956, ch. 1041, 70A Stat. 252, related to procurement of ordnance, signal, and chem- ical warfare supplies for experimental purposes by Sec- retary of the Army. See section 4004 of this title. AMENDMENTS 2021—Pub. L. 116–283, § 1856(d), transferred subsecs. (a)(2), (3), (b), and (c) of section 4501 of this title to this section and inserted subsec. (a) designation, heading, and introductory provisions. Subsec. (a). Pub. L. 116–283, § 1856(f)(1), redesignated pars. (2) and (3) as (1) and (2), respectively. Subsec. (b)(1). Pub. L. 116–283, § 1856(f)(2)(A), sub- stituted ‘‘section 4501(d) of this title’’ for ‘‘subsection (a)(1)(C)’’. Subsec. (b)(2). Pub. L. 116–283, § 1856(f)(2)(B), sub- stituted ‘‘section 4501 of this title’’ for ‘‘subsection (a)(1)’’. Subsec. (b)(3). Pub. L. 116–283, § 1856(f)(4), redesignated par. (3) as subsec. (c). Subsec. (c). Pub. L. 116–283, § 1856(f)(5)(A), as amended by Pub. L. 117–81, § 1701(b)(19)(A), inserted heading and substituted ‘‘In carrying out subsection (b)(1)’’ for ‘‘In carrying out paragraph (1)’’ in introductory provisions. Pub. L. 116–283, § 1856(f)(4), redesignated par. (3) of subsec. (b) as subsec. (c) and subpars. (A) to (F) as pars. (1) to (6), respectively. Pub. L. 116–283, § 1856(f)(3), redesignated subsec. (c) as (d). Subsec. (c)(1). Pub. L. 116–283, § 1856(f)(5)(B), inserted ‘‘and section 4501 of this title’’ after ‘‘of this section’’ and substituted ‘‘section 4501(b) of this title’’ for ‘‘sub- section (a)(1)(A)’’. Subsec. (c)(6). Pub. L. 116–283, § 1856(f)(5)(C), sub- stituted ‘‘section 4505’’ for ‘‘section 2330a’’. Subsec. (d). Pub. L. 116–283, § 1856(f)(3), redesignated subsec. (c) as (d). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by Pub. L. 117–81 applicable as if in- cluded in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and Ef- fective Date note below. EFFECTIVE DATE Section and amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed im- plementation and applicability of existing law, see sec- tion 1801(d) of Pub. L. 116–283, set out as an Effective Date of 2021 note preceding section 3001 of this title. § 4505. Procurement of services: tracking of pur- chases (a) DATA COLLECTION REQUIRED.—The Sec- retary of Defense shall establish a data collec- tion system to provide management information with regard to each purchase of services by a military department or Defense Agency in ex- cess of $3,000,000, regardless of whether such a purchase is made in the form of a contract, task order, delivery order, military interdepart-