10 U.S.C. § 4507 | Procurement of services: contracts for professional and technical services

(a)

In General .—

The Secretary of Defense shall prescribe regulations to ensure, to the maximum extent practicable, that professional and technical services are acquired on the basis of the task to be performed rather than on the basis of the number of hours of services provided.

(b)

Content of Regulations .—

With respect to contracts to acquire services on the basis of the number of hours of services provided, the regulations described in subsection (a) shall—

(1)

include standards and approval procedures to minimize the use of such contracts;

(2)

establish criteria to ensure that proposals for contracts for technical and professional services are evaluated on a basis which does not encourage contractors to propose uncompensated overtime;

(3)

ensure appropriate emphasis on technical and quality factors in the source selection process;

(4)

require identification of any hours in excess of 40-hour weeks included in a proposal;

(5)

ensure that offerors are notified that proposals which include unrealistically low labor rates or which do not otherwise demonstrate cost realism will be considered in a risk assessment and evaluated appropriately; and

(6)

provide guidance to contracting officers to ensure that any use of uncompensated overtime will not degrade the level of technical expertise required to perform the contract.

Pub. L. 101–510, div. A, title VIII, § 834(a)(1)Nov. 5, 1990104 Stat. 1613 Pub. L. 102–25, title VII, § 701(a)Apr. 6, 1991105 Stat. 113 Pub. L. 103–355, title I, § 1004(c)Oct. 13, 1994108 Stat. 3253 Pub. L. 107–107, div. A, title VIII, § 801(g)(1)Dec. 28, 2001115 Stat. 1177 Pub. L. 116–283, div. A, title XVIII, § 1856(g)Jan. 1, 2021134 Stat. 4275(Added , , , § 2331; amended , , ; , , ; , , ; renumbered § 4507, , , .)

Editorial Notes

Prior Provisions

act Aug. 10, 1956, ch. 1041 70A Stat. 253 Pub. L. 103–160, div. A, title VIII, § 822(b)(3)Nov. 30, 1993107 Stat. 1706A prior section 4507, , , which related to sale of ordnance and ordnance stores to designers, was repealed by , , .

Amendments

Pub. L. 116–283 section 2331 of this title2021— renumbered as this section.

Pub. L. 107–1072001— substituted “Procurement of services: contracts” for “Contracts” in section catchline.

Pub. L. 103–3551994—Subsec. (c). struck out text and heading of subsec. (c). Text read as follows:

section 2304(j)(4) of this title“(1) The Secretary of Defense may waive the limitation in on the total value of task orders for specific contracting activities to the extent the Secretary considers the use of master agreements necessary in order to further the policy set forth in subsection (a).

“(2) During any fiscal year, such a waiver may not increase the total value of task orders under master agreements of a contracting activity by more than 20 percent of the value of all contracts for advisory and assistance services awarded by that contracting activity during fiscal year 1989.

“(3) Such a waiver shall not become effective until 60 days after the Secretary of Defense has published notice thereof in the Federal Register.”

Pub. L. 102–251991—Subsec. (c)(1). struck out “on a case-by-case basis” after “value of task orders”, substituted “considers the use of master agreements necessary” for “considers necessary the use of master agreements”, and struck out “of this section” before period at end.

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 .

Effective Date of 1994 Amendment

Pub. L. 103–355 section 10001 of Pub. L. 103–355 section 8752 of this titleFor effective date and applicability of amendment by , see , set out as a note under .

Regulations

Pub. L. 101–510, div. A, title VIII, § 834(b)Nov. 5, 1990104 Stat. 1614

Nov. 5, 1990“Not later than 180 days after the date of the enactment of this Act [], the Secretary of Defense shall publish for public comment new regulations to carry out the requirements in this section [enacting this section]. The Secretary shall promulgate final regulations to carry out such requirements not later than 270 days after the date of the enactment of this Act.”

, , , provided that:

Pub. L. 103–355Provisions Not Affected by

Pub. L. 103–355 40 U.S.C. 759 section 1004(d) of Pub. L. 103–355 section 3401 of this titleRepeal of subsec. (c) of this section by not to be construed as modifying or superseding, or as intended to impair or restrict, authorities or responsibilities under former or chapter 11 of Title 40, Public Buildings, Property, and Works, see , set out as a note preceding .