US Code

Public Law 119-73 (01/23/2026)

10 U.S.C. § 4508

Contractor performance of acquisition functions closely associated with inherently governmental functions

(a)

Limitation .—

The head of an agency may enter into a contract for the performance of acquisition functions closely associated with inherently governmental functions only if the contracting officer for the contract ensures that—
(1)
appropriate military or civilian personnel of the Department of Defense cannot reasonably be made available to perform the functions;
(2)
appropriate military or civilian personnel of the Department of Defense are—
(A)
to supervise contractor performance of the contract; and
(B)
to perform all inherently governmental functions associated with the functions to be performed under the contract; and
(3)
the agency addresses any potential organizational conflict of interest of the contractor in the performance of the functions under the contract, consistent with subpart 9.5 of part 9 of the Federal Acquisition Regulation and the best interests of the Department of Defense.
(b)

Definitions .—

In this section:
(1)
The term “head of an agency” does not include the Secretary of Homeland Security or the Administrator of the National Oceanic and Atmospheric Administration.
(2)
The term “inherently governmental functions” has the meaning given such term in subpart 7.5 of part 7 of the Federal Acquisition Regulation.
(3)
The term “functions closely associated with inherently governmental functions” means the functions described in section 7.503(d) of the Federal Acquisition Regulation.
(4)
The term “organizational conflict of interest” has the meaning given such term in subpart 9.5 of part 9 of the Federal Acquisition Regulation.

Pub. L. 108–375, div. A, title VIII, § 804(a)(1)118 Stat. 2007Pub. L. 116–283, div. A, title XVIII, § 1856(g)134 Stat. 4275(Added , , , § 2383; renumbered § 4508 and amended , (i), , .)

Editorial Notes

Prior Provisions

Aug. 10, 1956, ch. 104170A Stat. 253Pub. L. 89–718, § 2780 Stat. 1119Pub. L. 103–160, div. A, title VIII, § 822(b)(3)107 Stat. 1706A prior section 4508, acts , ; , , , which related tests of iron, steel, and other materials, was repealed by , , .

Amendments

Pub. L. 116–283section 2383 of this title2021— renumbered as this section.

Pub. L. 116–283, § 1856(i)section 2302(1) of this titlesection 2302(1) of this titleSubsec. (b)(1). , which directed striking out “has the meaning given in , except that such term”, was executed by striking out “has the meaning given such term in , except that such term” before “does not include”, to reflect the probable intent of Congress.

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Pub. L. 116–283section 1801(d) of Pub. L. 116–283section 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

Pub. L. 108–375, div. A, title VIII, § 804(b)118 Stat. 2008

Section 2383 of title 1010 U.S.C. 4508“, United States Code [now ] (as added by subsection (a)), shall apply to contracts entered into on or after the date of the enactment of this Act [].”
, , , provided that: