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

(a)

Senior Officials .—

section 4501 of this titleThe management structure implemented pursuant to 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)

section 4501(d) of this title 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 to specific Department of Defense officials, subject to the direction, supervision, and oversight of such senior officials.

(2)

section 4501 of this title 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 , subject to oversight by the senior officials referred to in paragraph (1).

(c)

Duties and Responsibilities .—

In carrying out subsection (b)(1), each senior official responsible for the management of acquisition of contract services shall—

(1)

section 4501 of this title section 4501(b) of this title implement the requirements of this section and and the policies, procedures, and best practices guidelines developed by the Under Secretary of Defense for Acquisition and Sustainment pursuant to ;

(2)

10 U.S.C. 2304 31 U.S.C. 1535 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 ( note), section 814 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 ( note), and the regulations implementing such sections;

(3)

dedicate full-time commodity managers to coordinate the procurement of key categories of services;

(4)

ensure that contract services are procured 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 procurement of contract services; and

(6)

section 4505 of this title monitor data collection under , and periodically conduct spending analyses, to ensure that funds expended for the procurement of contract services 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 purchase 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 construction.

Pub. L. 116–283, div. A, title XVIII, § 1856(d)Jan. 1, 2021134 Stat. 4274 Pub. L. 117–81, div. A, title XVII, § 1701(b)(19)(A)Dec. 27, 2021135 Stat. 2135 (Added and amended , (f), , , 4275; , , .)

Editorial Notes

References in Text

section 854 of div. A of Pub. L. 108–375 section 2304 of this titleSection 854 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005, referred to in subsec. (c)(2), is , which is set out as a note under .

section 814 of div. A of Pub. L. 105–261 section 1535 of Title 31Section 814 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999, referred to in subsec. (c)(2), is , which was formerly set out as a note under , Money and Finance.

Codification

section 4501 of this title Pub. L. 116–283, § 1856(d)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)(B)Dec. 20, 2019133 Stat. 1549 Pub. L. 116–283, div. A, title XVIII, § 1856(c)Jan. 1, 2021134 Stat. 4274 section 4501 of this titleThe text of subsecs. (a)(2), (3), (b), and (c) of , which was transferred to this section by , was based on , , , § 2330; , , ; , , ; , , ; –(D), , ; renumbered § 4501, , , . Amendment notes prior to 2021 relevant to this section can be found under .

Prior Provisions

act Aug. 10, 1956, ch. 1041 70A Stat. 252 Pub. L. 103–160, div. A, title VIII, § 822(a)(2)Nov. 30, 1993107 Stat. 1705 A prior section 4502, , , which related to maintenance by Secretary of the Army of lists of plants equipped to manufacture arms or ammunition and of plants convertible into ammunition factories and provided for a Board on Mobilization of Industries Essential for Military Preparedness, was repealed by , , . See sections 4883 and 4884 of this title.

Pub. L. 103–160, div. A, title VIIINov. 30, 1993107 Stat. 1707 Prior sections 4503 and 4504 were repealed by , §§ 822(c)(2), 827(c), , , 1713.

act Aug. 10, 1956, ch. 1041 70A Stat. 252 Section 4503, , , related to research and development programs of the Army.

act Aug. 10, 1956, ch. 1041 70A Stat. 252 section 4004 of this titleSection 4504, , , related to procurement of ordnance, signal, and chemical warfare supplies for experimental purposes by Secretary of the Army. See .

Amendments

Pub. L. 116–283, § 1856(d)section 4501 of this title2021—, transferred subsecs. (a)(2), (3), (b), and (c) of to this section and inserted subsec. (a) designation, heading, and introductory provisions.

Pub. L. 116–283, § 1856(f)(1)Subsec. (a). , redesignated pars. (2) and (3) as (1) and (2), respectively.

Pub. L. 116–283, § 1856(f)(2)(A)section 4501(d) of this titleSubsec. (b)(1). , substituted “” for “subsection (a)(1)(C)”.

Pub. L. 116–283, § 1856(f)(2)(B)section 4501 of this titleSubsec. (b)(2). , substituted “” for “subsection (a)(1)”.

Pub. L. 116–283, § 1856(f)(4)Subsec. (b)(3). , redesignated par. (3) as subsec. (c).

Pub. L. 116–283, § 1856(f)(5)(A)Pub. L. 117–81, § 1701(b)(19)(A)Subsec. (c). , as amended by , 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).

Pub. L. 116–283, § 1856(f)(5)(B)section 4501 of this title section 4501(b) of this titleSubsec. (c)(1). , inserted “and ” after “of this section” and substituted “” for “subsection (a)(1)(A)”.

Pub. L. 116–283, § 1856(f)(5)(C)Subsec. (c)(6). , substituted “section 4505” for “section 2330a”.

Pub. L. 116–283, § 1856(f)(3)Subsec. (d). , redesignated subsec. (c) as (d).

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Pub. L. 117–81 Pub. L. 116–283 section 1701(a)(2) of Pub. L. 117–81 section 3001 of this titleAmendment by applicable as if included in the enactment of title XVIII of as enacted, see , set out in a note preceding and Effective Date note below.

Effective Date

Pub. L. 116–283Jan. 1, 2022section 1801(d) of Pub. L. 116–283 section 3001 of this titleSection and amendment by effective , with additional provisions for delayed implementation and applicability of existing law, see , set out as an Effective Date of 2021 note preceding .