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

(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)

section 4502 of this title 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 .

(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 .—

section 4502 of this titleThe management structure implemented pursuant to subsection (a) shall provide that the Under Secretary shall oversee the implementation of the requirements of this section and and the policies, procedures, and best practices guidelines established pursuant to subsection (b).

(f)

Contract Services .—

section 4502(d)(2) of this titleIn this section, the term “contract services” has the meaning given that term in .

Pub. L. 107–107, div. A, title VIII, § 801(b)(1)Dec. 28, 2001115 Stat. 1174 Pub. L. 107–314, div. A, title X, § 1062(a)(8)Dec. 2, 2002116 Stat. 2650 Pub. L. 109–163, div. A, title VIII, § 812(a)(1)Jan. 6, 2006119 Stat. 3376 Pub. L. 112–239, div. A, title VIII, § 845(d)Jan. 2, 2013126 Stat. 1848 Pub. L. 116–92, div. A, title IX, § 902(51)Dec. 20, 2019133 Stat. 1548 Pub. L. 116–283, div. A, title XVIII, § 1856(c)Jan. 1, 2021134 Stat. 4274(Added , , , § 2330; amended , , ; , , ; , , ; , , ; renumbered § 4501 and amended –(e), , .)

Editorial Notes

Prior Provisions

act Aug. 10, 1956, ch. 1041 70A Stat. 251 Pub. L. 103–160, div. A, title VIII, § 822(a)(2)Nov. 30, 1993107 Stat. 1705 section 4882 of this titleA prior section 4501, , , which related to industrial mobilization by the President in time of war, was repealed by , , . See .

Amendments

Pub. L. 116–283, § 1856(e)(2)2021—, 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)section 4502 of this title, transferred subsecs. (a)(2), (3), (b), and (c) to . Amendment notes below prior to 2021 relate to section as it read before such provisions were transferred.

Pub. L. 116–283, § 1856(c)section 2330 of this title, renumbered as this section.

Pub. L. 116–283, § 1856(e)(1)Subsec. (a). , substituted “for the matters specified in subsections (b), (c), (d), and (e).” for “for the following:”.

Pub. L. 116–283, § 1856(e)(3)Subsec. (b). , inserted heading, substituted “The management structure implemented 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”, redesignated cls. (i) to (vi) as pars. (1) to (6), respectively, substituted period for semicolon at end of par. (6), and realigned margins.

Pub. L. 116–283, § 1856(e)(4)(A)Subsec. (c). –(C), inserted heading, substituted “The management structure implemented 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.

Pub. L. 116–283, § 1856(e)(4)(D)section 4502 of this titleSubsec. (c)(3). , (E), substituted “under this section and .” for “under this section;”.

Pub. L. 116–283, § 1856(e)(5)Subsec. (d). , inserted heading, substituted “The management structure implemented pursuant to subsection (a) shall provide that the Under Secretary shall establish contract” for “establish contract” and period for “; and”, and realigned margins.

Pub. L. 116–283, § 1856(e)(6)section 4502 of this titleSubsec. (e). , inserted heading, substituted “The management structure implemented pursuant to subsection (a) shall provide that the Under Secretary shall oversee the” for “oversee the” and “subsection (b)” for “subparagraph (A)”, inserted “and ” after “of this section”, and realigned margins.

Pub. L. 116–283, § 1856(e)(7)Subsec. (f). , added subsec. (f).

Pub. L. 116–922019—Subsecs. (a)(1), (3), (b)(2), (3)(A). substituted “Under Secretary of Defense for Acquisition and Sustainment” for “Under Secretary of Defense for Acquisition, Technology, and Logistics”.

Pub. L. 112–2392013—Subsec. (c)(2). substituted “including 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.”

Pub. L. 109–1632006— 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.

Pub. L. 107–3142002—Subsec. (c). inserted comma after “a task order”.

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Pub. L. 116–283Jan. 1, 2022section 1801(d) of Pub. L. 116–283 section 3001 of this titleAmendment by effective , with additional provisions for delayed implementation and applicability of existing law, see , set out as a note preceding .