10 U.S.C. § 1701a (ARMED FORCES)
§ 1701a. Management for acquisition workforce excellence
(a) Purpose.—
The purpose of this chapter is to require the Department of Defense to develop and manage a highly skilled professional acquisition workforce—
(1) in which excellence and contribution to mission is rewarded;
(2) which has the technical expertise and business skills to ensure the Department receives the best value for the expenditure of public resources;
(3) which serves as a model for performance management of employees of the Department; and
(4) which is managed in a manner that complements and reinforces the management of the defense acquisition system pursuant to chapter 149 of this title.
(b) Performance Management.—
In order to achieve the purpose set forth in subsection (a), the Secretary of Defense shall—
(1) use the full authorities provided in subsections (a) through (d) of section 9902 of title 5, including flexibilities related to performance management and hiring and to training of managers;
(2) require managers to develop performance plans for individual members of the acquisition workforce in order to give members an understanding of how their performance contributes to their organization’s mission and the success of the defense acquisition system (as defined in section 2545 of this title);
(3) to the extent appropriate, use the lessons learned from the acquisition demonstration project carried out under section 1762 of this title related to contribution-based compensation and appraisal, and how those lessons may be applied within the General Schedule system;
(4) develop attractive career paths;
(5) encourage continuing education and training;
(6) develop appropriate procedures for warnings during performance evaluations for members of the acquisition workforce who consistently fail to meet performance standards;
(7) take full advantage of the Defense Civilian Leadership Program established under section 1112 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2496; 10 U.S.C. 1580 note prec.);
(8) use the authorities for highly qualified experts under section 9903 of title 5, to hire experts who are skilled acquisition professionals to—
(A) serve in leadership positions within the acquisition workforce to strengthen management and oversight;
(B) provide mentors to advise individuals within the acquisition workforce on their career paths and opportunities to advance and excel within the acquisition workforce; and
(C) assist with the design of education and training courses and the training of individuals in the acquisition workforce; and
(9) use the authorities for expedited security clearance processing pursuant to section 1564 of this title.
(c) Negotiations.—
Any action taken by the Secretary under this section, or to implement this section, shall be subject to the requirements of chapter 71 of title 5.
(d) Regulations.—
Any rules or regulations prescribed pursuant to this section shall be deemed an agency rule or regulation under section 7117(a)(2) of title 5, and shall not be deemed a Government-wide rule or regulation under section 7117(a)(1) of such title.
(Added Pub. L. 111–383, div. A, title VIII, § 871(a), Jan. 7, 2011, 124 Stat. 4299.)
heading: Flexibility in Contracting Award Program
text: Pub. L. 114–328, div. A, title VIII, § 834, Dec. 23, 2016, 130 Stat. 2285, provided that:
“(a) Establishment of Award Program.—
The Secretary of Defense shall create an award to recognize those acquisition programs and professionals that make the best use of the flexibilities and authorities granted by the Federal Acquisition Regulation and Department of Defense Instruction 5000.02 (Operation of the Defense Acquisition System).
“(b) Purpose of Award.—
The award established under subsection (a) shall recognize outstanding performers whose approach to program management emphasizes innovation and local adaptation, including the use of—
“(1) simplified acquisition procedures;
“(2) inherent flexibilities within the Federal Acquisition Regulation;
“(3) commercial contracting approaches;
“(4) public-private partnership agreements and practices;
“(5) cost-sharing arrangements;
“(6) innovative contractor incentive practices; and
“(7) other innovative implementations of acquisition flexibilities.”