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10 U.S.C. § 3106 (ARMED FORCES)
§ 3106. Elements of the defense acquisition system: performance goals
(a) Performance Goals Under Government Performance and Results Act of 1993.—
The annual performance plan prepared by the Department of Defense pursuant to section 1115 of title 31 shall include appropriate performance goals for elements of the defense acquisition system.
(b) Reporting Requirement.—
The annual report prepared by the Secretary of Defense pursuant to section 1116 of title 31 shall address the Department’s success in achieving performance goals established pursuant to such section for elements of the defense acquisition system.
10 U.S.C. § 3131 (ARMED FORCES)
§ 3131. Availability of appropriations
(a) Funds appropriated to the Department of Defense for research and development remain available for obligation for a period of two consecutive years.
(b) Funds appropriated to the Department of Defense for research and development may be used—
(1) for the purposes of section 4141 1 of this title; and
(2) for purposes related to research and development for which expenditures are specifically authorized in other appropriations of the Department of Defense.
10 U.S.C. § 3133 (ARMED FORCES)
§ 3133. Contracts for periods crossing fiscal years: severable service contracts; leases of real or personal property
(a) Authority.—
(1) The Secretary of Defense, the Secretary of a military department, or the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, may enter into a contract for a purpose described in paragraph (2) for a period that begins in one fiscal year and ends in the next fiscal year if (without regard to any option to extend the period of the contract) the contract period does not exceed one year.
(2) The purpose of a contract described in this paragraph is as follows:
(A) The procurement of severable services.
(B) The lease of real or personal property, including the maintenance of such property when contracted for as part of the lease agreement.
(b) Obligation of Funds.—
Funds made available for a fiscal year may be obligated for the total amount of a contract entered into under the authority of subsection (a).
10 U.S.C. § 3134 (ARMED FORCES)
§ 3134. Allocation of appropriations
(a) Appropriations available for procurement by an agency named in section 3063 of this title may, through administrative allotment, be made available for obligation for procurement by any other agency in amounts authorized by the head of the allotting agency and without transfer of funds on the books of the Department of the Treasury.
(b) A disbursing official of the allotting agency may make any disbursement chargeable to an allotment under subsection (a) upon a voucher certified by an officer or civilian employee of the procuring agency.
(c) For purposes of sections 3064 and 3066 of this title, this section shall be deemed to be a section of chapter 137 of this title.
10 U.S.C. § 3135 (ARMED FORCES)
§ 3135. Comparable budgeting for common procurement weapon systems
(a) Matters To Be Included in Annual Defense Budgets.—
In preparing the defense budget for any fiscal year, the Secretary of Defense shall—
(1) specifically identify each common procurement weapon system included in the budget;
(2) take all feasible steps to minimize variations in procurement unit costs for any such system as shown in the budget requests of the different armed forces requesting procurement funds for the system; and
(3) identify and justify in the budget all such variations in procurement unit costs for common procurement weapon systems.
(b) Comptroller.—
The Secretary shall carry out this section through the Under Secretary of Defense (Comptroller).
(c) Definitions.—
In this section:
(1) The term “defense budget” means the budget of the Department of Defense included in the President’s budget submitted to Congress under section 1105 of title 31 for a fiscal year.
(2) The term “common procurement weapon system” means a weapon system for which two or more of the Army, Navy, Air Force, Marine Corps, and Space Force request procurement funds in a defense budget.
10 U.S.C. § 3137 (ARMED FORCES)
§ 3137. Procurement of contract services: specification of amounts requested in budget
(a) Submission With Annual Budget Justification Materials.—
In the budget justification materials submitted to Congress in support of the Department of Defense budget for any fiscal year (as submitted with the budget of the President under section 1105(a) of title 31), the Secretary of Defense shall include the information described in subsection (b) with respect to the procurement of contract services.
(b) Information Provided.—
For each budget account, the materials submitted shall clearly and separately identify—
(1) the amount requested for the procurement of contract services for each Department of Defense component, installation, or activity; and
(2) the number of full-time contractor employees (or the equivalent of full-time in the case of part-time contractor employees) projected and justified for each Department of Defense component, installation, or activity based on the inventory of contracts for services required by subsection (c) of section 4505 1 of this title and the review required by subsection (e) of such section.
(c) Contract Services Defined.—
In this section, the term “contract services”—
(1) means services from contractors; but
(2) excludes services relating to research and development and services relating to military construction.
10 U.S.C. § 3152 (ARMED FORCES)
§ 3152. Requirements definition matters covered
The joint policy for requirements definition required by section 3151 of this title shall, at a minimum, provide for the following:
(1) The assignment of a senior commissioned officer or civilian member of the senior executive service, with appropriate experience and qualifications related to the definition of requirements to be satisfied through acquisition contracts (such as for delivery of products or services, performance of work, or accomplishment of a project), to act as head of requirements definition and coordination during combat operations, post-conflict operations, and contingency operations, if required, including leading a requirements review board involving all organizations concerned.
(2) An organizational approach to requirements definition and coordination during combat operations, post-conflict operations, and contingency operations that is designed to ensure that requirements are defined in a way that effectively implements United States Government and Department of Defense objectives, policies, and decisions regarding the allocation of resources, coordination of interagency efforts in the theater of operations, and alignment of requirements with the proper use of funds.
10 U.S.C. § 3153 (ARMED FORCES)
§ 3153. Contingency program management matters covered
The joint policy for contingency program management required by section 3151 of this title shall, at a minimum, provide for the following:
(1) The assignment of a senior commissioned officer or civilian member of the senior executive service, with appropriate program management experience and qualifications, to act as head of program management during combat operations, post-conflict operations, and contingency operations, including stabilization and reconstruction operations involving multiple United States Government agencies and international organizations, if required.
(2) A preplanned organizational approach to program management during combat operations, post-conflict operations, and contingency operations that is designed to ensure that the Department of Defense is prepared to conduct such program management.
(3) Identification of a deployable cadre of experts, with the appropriate tools and authority, and trained in processes under paragraph (6).
(4) Utilization of the hiring and appointment authorities necessary for the rapid deployment of personnel to ensure the availability of key personnel for sufficient lengths of time to provide for continuing program and project management.
(5) A requirement to provide training (including training under a program to be created by the Defense Acquisition University) to program management personnel in—
(A) the use of laws, regulations, policies, and directives related to program management in combat or contingency environments;
(B) the integration of cost, schedule, and performance objectives into practical acquisition strategies aligned with available resources and subject to effective oversight; and
(C) procedures of the Department of Defense related to funding mechanisms and contingency contract management.
(6) Appropriate steps to ensure that training is maintained for such personnel even when they are not deployed in a contingency operation.
(7) Such steps as may be needed to ensure jointness and cross-service coordination in the area of program management during contingency operations.
10 U.S.C. § 3154 (ARMED FORCES)
§ 3154. Contingency contracting matters covered
(a) In General.—
The joint policy for contingency contracting required by section 3151 of this title shall, at a minimum, provide for the following:
(1) The designation of a senior commissioned officer or civilian member of the senior executive service in each military department with the responsibility for administering the policy.
(2) The assignment of a senior commissioned officer with appropriate acquisition experience and qualifications to act as head of contingency contracting during combat operations, post-conflict operations, and contingency operations, who shall report directly to the commander of the combatant command in whose area of responsibility the operations occur.
(3) A sourcing approach to contingency contracting that is designed to ensure that each military department is prepared to conduct contingency contracting during combat operations, post-conflict operations, and contingency operations, including stabilization and reconstruction operations involving interagency organizations, if required.
(4) A requirement to provide training (including training under a program to be created by the Defense Acquisition University) to contingency contracting personnel in—
(A) the use of law, regulations, policies, and directives related to contingency contracting operations;
(B) the appropriate use of rapid acquisition methods, including the use of exceptions to competition requirements under sections 3201 through 3205 of this title, sealed bidding, letter contracts, indefinite delivery-indefinite quantity task orders, set asides under section 8(a) of the Small Business Act (15 U.S.C. 637(a)), undefinitized contract actions, and other tools available to expedite the delivery of goods and services during combat operations or post-conflict operations;
(C) the appropriate use of rapid acquisition authority, commanders’ emergency response program funds, and other tools unique to contingency contracting; and
(D) instruction on the necessity for the prompt transition from the use of rapid acquisition authority to the use of full and open competition and other methods of contracting that maximize transparency in the acquisition process.
(5) Appropriate steps to ensure that training is maintained for such personnel even when they are not deployed in a contingency operation.
(6) Such steps as may be needed to ensure jointness and cross-service coordination in the area of contingency contracting.
(b) Interagency Plans.—
To the extent practicable, the joint policy for contingency contracting required by section 3151 of this title should be taken into account in the development of interagency plans for stabilization and reconstruction operations, consistent with the report submitted by the President under section 1035 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2388) on interagency operating procedures for the planning and conduct of stabilization and reconstruction operations.
10 U.S.C. § 3155 (ARMED FORCES)
§ 3155. Training for personnel outside acquisition workforce
(a) Required Training.—
The joint policy for requirements definition, contingency program management, and contingency contracting required by section 3151 of this title shall provide for training of military personnel outside the acquisition workforce (including operational field commanders and officers performing key staff functions for operational field commanders) who are expected to have acquisition responsibility, including oversight duties associated with contracts or contractors, during combat operations, post-conflict operations, and contingency operations.
(b) Scope of Training.—
Training under subsection (a) shall be sufficient to ensure that the military personnel referred to in that subsection—
(1) understand the scope and scale of contractor support they will experience in contingency operations; and
(2) are prepared for their roles and responsibilities with regard to—
(A) requirements definition;
(B) program management (including contractor oversight); and
(C) contingency contracting.
10 U.S.C. § 3157 (ARMED FORCES)
§ 3157. Definitions; applicability
In this subchapter:
(1) Requirements definition.—
The term “requirements definition” means the process of translating policy objectives and mission needs into specific requirements, the description of which will be the basis for awarding acquisition contracts for projects to be accomplished, work to be performed, or products to be delivered.
(2) Contingency program management.—
The term “contingency program management” means the process of planning, organizing, staffing, controlling, and leading the combined efforts of participating civilian and military personnel and organizations for the management of a specific defense acquisition program or programs during combat operations, post-conflict operations, and contingency operations.
(3) Contingency contracting.—
The term “contingency contracting” means all stages of the process of acquiring property or services by the Department of Defense during a contingency operation.
(4) Contingency contracting personnel.—
The term “contingency contracting personnel” means members of the armed forces and civilian employees of the Department of Defense who are members of the defense acquisition workforce and, as part of their duties, are assigned to provide support to contingency operations (whether deployed or not).
10 U.S.C. § 3203 (ARMED FORCES)
§ 3203. Exclusion of particular source or restriction of solicitation to small business concerns
(a) Exclusion of Particular Source.—
(1) Criteria for exclusion.—
The head of an agency may provide for the procurement of property or services covered by chapter 137 legacy provisions using competitive procedures but excluding a particular source in order to establish or maintain an alternative source or sources of supply for that property or service if the head of the agency determines that to do so—
(A) would increase or maintain competition and would likely result in reduced overall costs for such procurement, or for any anticipated procurement, of property or services;
(B) would be in the interest of national defense in having a facility (or a producer, manufacturer, or other supplier) available for furnishing the property or service in case of a national emergency or industrial mobilization;
(C) would be in the interest of national defense in establishing or maintaining an essential engineering, research, or development capability to be provided by an educational or other nonprofit institution or a federally funded research and development center;
(D) would ensure the continuous availability of a reliable source of supply of such property or service;
(E) would satisfy projected needs for such property or service determined on the basis of a history of high demand for the property or service; or
(F) in the case of medical supplies, safety supplies, or emergency supplies, would satisfy a critical need for such supplies.
(2) Determination for Class Disallowed.—
A determination under paragraph (1) may not be made for a class of purchases or contracts.
(b) Exclusion of Other Than Small Business Concerns.—
The head of an agency may provide for the procurement of property or services covered by chapter 137 legacy provisions using competitive procedures, but excluding concerns other than small business concerns in furtherance of sections 9 and 15 of the Small Business Act (15 U.S.C. 638, 644).
(c) Inapplicability of Justification and Approval Requirements.—
A contract awarded pursuant to the competitive procedures referred to in paragraphs (1) and (2) shall not be subject to the justification and approval required by section 3204(e)(1) of this title.
10 U.S.C. § 3205 (ARMED FORCES)
§ 3205. Simplified procedures for small purchases
(a) Authorization.—
In order to promote efficiency and economy in contracting and to avoid unnecessary burdens for agencies and contractors, the Federal Acquisition Regulation shall provide for—
(1) special simplified procedures for purchases of property and services for amounts not greater than the simplified acquisition threshold; and
(2) special simplified procedures for purchases of property and services for amounts greater than the simplified acquisition threshold but not greater than $5,000,000 with respect to which the contracting officer reasonably expects, based on the nature of the property or services sought and on market research, that offers will include only commercial products or commercial services.
(b) Prohibition on Dividing Contracts.—
A proposed purchase or contract for an amount above the simplified acquisition threshold may not be divided into several purchases or contracts for lesser amounts in order to use the simplified procedures required by subsection (a).
(c) Promotion of Competition.—
In using simplified procedures, the head of an agency shall promote competition to the maximum extent practicable.
(d) Compliance With Special Requirements of Federal Acquisition Regulation.—
The head of an agency shall comply with the Federal Acquisition Regulation provisions referred to in section 1901(e) of title 41.
10 U.S.C. § 3207 (ARMED FORCES)
§ 3207. Assessment before contract for acquisition of supplies is entered into
The Secretary of Defense shall ensure that before a contract for the delivery of supplies to the Department of Defense is entered into—
(1) when the appropriate officials of the Department are making an assessment of the most advantageous source for acquisition of the supplies (considering quality, price, delivery, and other factors), there is a review of the availability and cost of each item of supply—
(A) through the supply system of the Department of Defense; and
(B) under standard Government supply contracts, if the item is in a category of supplies defined under regulations of the Secretary of Defense as being potentially available under a standard Government supply contract; and
(2) there is a review of both the procurement history of the item and a description of the item, including, when necessary for an adequate description of the item, a picture, drawing, diagram, or other graphic representation of the item.
10 U.S.C. § 3221 (ARMED FORCES)
§ 3221. Director of Cost Assessment and Program Evaluation
(a) In General.—
The Director of Cost Assessment and Program Evaluation shall ensure that the cost estimation and cost analysis processes of the Department of Defense provide accurate information and realistic estimates of cost for the acquisition programs of the Department of Defense.
(b) Functions.—
In carrying out the responsibility of the Director under subsection (a), the Director shall—
(1) prescribe, by authority of the Secretary of Defense, policies and procedures for the conduct of cost estimation and cost analysis for the acquisition programs of the Department of Defense;
(2) with respect to cost estimation in the Department of Defense in general and with respect to specific cost estimates and cost analyses to be conducted in connection with a major defense acquisition program or major subprogram under chapter 144 of this title, provide guidance to and consult with—
(A) the Secretary of Defense;
(B) the Under Secretary of Defense for Acquisition and Sustainment;
(C) the Under Secretary of Defense (Comptroller);
(D) the Secretaries of the military departments; and
(E) the heads of the Defense Agencies;
(3) issue guidance relating to the proper discussion of risk in cost estimates generally, and specifically, for the proper discussion of risk in cost estimates for major defense acquisition programs and major subprograms;
(4) issue guidance relating to full consideration of life-cycle management and sustainability costs in major defense acquisition programs and major subprograms;
(5) review all cost estimates and cost analyses conducted in connection with major defense acquisition programs and major subprograms;
(6) conduct or approve independent cost estimates and cost analyses for all major defense acquisition programs and major subprograms—
(A) in advance of—
(i) any decision to grant milestone approval pursuant to section 4251 or 4252 of this title;
(ii) any decision to enter into low-rate initial production or full-rate production;
(iii) any certification under section 4376 of this title; and
(iv) any report under section 2445c(f) of this title; and
(B) at any other time considered appropriate by the Director, upon the request of the Under Secretary of Defense for Acquisition and Sustainment, or upon the request of the milestone decision authority;
(7) periodically assess and update the cost indexes used by the Department to ensure that such indexes have a sound basis and meet the Department’s needs for realistic cost estimation; and
(8) annually review the cost and associated information required to be included, by section 4353(a) of this title, in the Selected Acquisition Reports required by that section.
(c) Staff.—
The Secretary of Defense shall ensure that the Director of Cost Assessment and Program Evaluation has sufficient professional staff of military and civilian personnel to enable the Director to carry out the duties and responsibilities of the Director under this section.
10 U.S.C. § 3222 (ARMED FORCES)
§ 3222. Independent cost estimate required before approval
(a) Requirement.—
A milestone decision authority may not approve entering a milestone phase of a major defense acquisition program or major subprogram unless an independent cost estimate has been conducted or approved by the Director of Cost Assessment and Program Evaluation and considered by the milestone decision authority that—
(1) for the technology maturation and risk reduction phase, includes the identification and sensitivity analysis of key cost drivers that may affect life-cycle costs of the program or subprogram; and
(2) for the engineering and manufacturing development phase, or production and deployment phase, includes a cost estimate of the full life-cycle cost of the program or subprogram.
(b) Regulations.—
The regulations governing the content and submission of independent cost estimates required by section 3221 of this title shall require that the independent cost estimate of the full life-cycle cost of a program or subprogram include—
(1) all costs of development, procurement, military construction, operations and support, and trained manpower to operate, maintain, and support the program or subprogram upon full operational deployment, without regard to funding source or management control; and
(2) an analysis to support decisionmaking that identifies and evaluates alternative courses of action that may reduce cost and risk, and result in more affordable programs and less costly systems.