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10 U.S.C. § 3848 (ARMED FORCES)
§ 3848. Defense audit agencies: Small Business Ombudsmen
(a) Small Business Ombudsman.—
The Secretary of Defense shall designate within each defense audit agency an official as the Small Business Ombudsman to have the duties described in subsection (b) and such other responsibilities as may be determined by the Secretary.
(b) Duties.—
The Small Business Ombudsman of a defense audit agency shall—
(1) advise the Director of the defense audit agency on policy issues related to small business concerns;
(2) serve as the defense audit agency’s primary point of contact and source of information for small business concerns;
(3) collect and monitor relevant data regarding the defense audit agency’s conduct of audits of small business concerns, including—
(A) data regarding the timeliness of audit closeouts for small business concerns; and
(B) data regarding the responsiveness of the defense audit agency to issues or other matters raised by small business concerns; and
(4) make recommendations to the Director regarding policies, processes, and procedures related to the timeliness of audits of small business concerns and the responsiveness of the defense audit agency to issues or other matters raised by small business concerns.
(c) Audit Independence.—
The Small Business Ombudsman of a defense audit agency shall be segregated from ongoing audits in the field and shall not engage in activities with regard to particular audits that could compromise the independence of the defense audit agency or undermine compliance with applicable audit standards.
(d) Defense Audit Agency Defined.—
In this section, the term “defense audit agency” means the Defense Contract Audit Agency and the Defense Contract Management Agency.
(Added Pub. L. 112–239, div. A, title XVI, § 1612(a), Jan. 2, 2013, 126 Stat. 2064, § 204; renumbered § 3848 and amended Pub. L. 116–283, div. A, title XVIII, § 1835(c), (d)(4), Jan. 1, 2021, 134 Stat. 4240.)
heading: Effective Date of 2021 Amendment
text: Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.
10 U.S.C. § 3861 (ARMED FORCES)
§ 3861. Research and development contracts: indemnification provisions
(a) With the approval of the Secretary of the military department concerned, any contract of a military department for research or development, or both, may provide that the United States will indemnify the contractor against either or both of the following, but only to the extent that they arise out of the direct performance of the contract and to the extent not compensated by insurance or otherwise:
(1) Claims (including reasonable expenses of litigation or settlement) by third persons, including employees of the contractor, for death, bodily injury, or loss of or damage to property, from a risk that the contract defines as unusually hazardous.
(2) Loss of or damage to property of the contractor from a risk that the contract defines as unusually hazardous.
(b) A contract, made under subsection (a), that provides for indemnification must also provide for—
(1) notice to the United States of any claim or suit against the contractor for the death, bodily injury, or loss of or damage to property; and
(2) control of or assistance in the defense by the United States, at its election, of that suit or claim.
(c) No payment may be made under subsection (a) unless the Secretary of the department concerned, or an officer or official of his department designated by him, certifies that the amount is just and reasonable.
(d) Upon approval by the Secretary concerned, payments under subsection (a) may be made from—
(1) funds obligated for the performance of the contract concerned;
(2) funds available for research or development, or both, and not otherwise obligated; or
(3) funds appropriated for those payments.
(Aug. 10, 1956, ch. 1041, 70A Stat. 134, § 2354; renumbered § 3861 and amended Pub. L. 116–283, div. A, title XVIII, § 1836(b), (c), Jan. 1, 2021, 134 Stat. 4241.)
heading: Effective Date of 2021 Amendment
text: Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.
10 U.S.C. § 3862 (ARMED FORCES)
§ 3862. Requests for equitable adjustment or other relief: certification
(a) Certification Requirement.—
A request for equitable adjustment to contract terms or request for relief under Public Law 85–804 (50 U.S.C. 1431 et seq.) that exceeds the simplified acquisition threshold may not be paid unless a person authorized to certify the request on behalf of the contractor certifies, at the time the request is submitted, that—
(1) the request is made in good faith, and
(2) the supporting data are accurate and complete to the best of that person’s knowledge and belief.
(b) Restriction on Legislative Payment of Claims.—
In the case of a contract of an agency named in section 2303(a) 1 of this title, no provision of a law enacted after September 30, 1994, that directs the payment of a particular claim under such contract, a particular request for equitable adjustment to any term of such contract, or a particular request for relief under Public Law 85–804 (50 U.S.C. 1431 et seq.) regarding such contract may be implemented unless such provision of law—
(1) specifically refers to this subsection; and
(2) specifically states that this subsection does not apply with respect to the payment directed by that provision of law.
(c) Definition.—
In this section, the term “simplified acquisition threshold” has the meaning given that term in section 134 of title 41.
(Added Pub. L. 103–355, title II, § 2301(a), Oct. 13, 1994, 108 Stat. 3320, § 2410; amended Pub. L. 111–350, § 5(b)(27), Jan. 4, 2011, 124 Stat. 3845; renumbered § 3862 and amended Pub. L. 116–283, div. A, title XVIII, §§ 1836(b), 1883(b)(2), Jan. 1, 2021, 134 Stat. 4241, 4294.)
heading: Effective Date of 2021 Amendment
text: Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.
10 U.S.C. § 3863 (ARMED FORCES)
§ 3863. Retention of amounts collected from contractor during the pendency of contract dispute
(a) Retention of Funds.—
Notwithstanding sections 1552(a) and 3302(b) of title 31, any amount, including interest, collected from a contractor as a result of a claim made by a military department or Defense Agency under chapter 71 of title 41, shall remain available in accordance with this section to pay—
(1) any settlement of the claim by the parties;
(2) any judgment rendered in the contractor’s favor on an appeal of the decision on that claim to the Armed Services Board of Contract Appeals under section 7104(a) of title 41; or
(3) any judgment rendered in the contractor’s favor in an action on that claim in a court of the United States.
(b) Period of Availability.—
(1) The period of availability of an amount under subsection (a), in connection with a claim—
(A) expires 180 days after the expiration of the period for bringing an action on that claim in the United States Court of Federal Claims under section 7104(b) of title 41 if, within that 180-day period—
(i) no appeal on the claim is commenced at the Armed Services Board of Contract Appeals under section 7104(a) of such title; and
(ii) no action on the claim is commenced in a court of the United States; or
(B) if not expiring under subparagraph (A), expires—
(i) in the case of a settlement of the claim, 180 days after the date of the settlement; or
(ii) in the case of a judgment rendered on the claim in an appeal to the Armed Services Board of Contract Appeals under section 7104(a) of title 41 or an action in a court of the United States, 180 days after the date on which the judgment becomes final and not appealable.
(2) While available under this section, an amount may be obligated or expended only for a purpose described in subsection (a).
(3) Upon the expiration of the period of availability of an amount under paragraph (1), the amount shall be covered into the Treasury as miscellaneous receipts.
(Added Pub. L. 105–85, div. A, title VIII, § 831(a), Nov. 18, 1997, 111 Stat. 1841, § 2410m; amended Pub. L. 108–136, div. A, title X, § 1031(a)(21), Nov. 24, 2003, 117 Stat. 1598; Pub. L. 111–350, § 5(b)(32), Jan. 4, 2011, 124 Stat. 3845; Pub. L. 112–81, div. A, title X, § 1061(15), Dec. 31, 2011, 125 Stat. 1583; Pub. L. 113–291, div. A, title X, § 1071(a)(8), Dec. 19, 2014, 128 Stat. 3504; renumbered § 3863, Pub. L. 116–283, div. A, title XVIII, § 1836(b), Jan. 1, 2021, 134 Stat. 4241.)
heading: Effective Date of 2021 Amendment
text: Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.
10 U.S.C. § 3901 (ARMED FORCES)
§ 3901. Contracts: prohibition on competition between Department of Defense and small businesses
(a) Exclusion.—
In any case in which the Secretary of Defense plans to use competitive procedures for a procurement, if the procurement is to be conducted as described in subsection (b), then the Secretary shall exclude the Department of Defense from competing in the procurement.
(b) Procurement Description.—
The requirement to exclude the Department of Defense under subsection (a) applies in the case of a procurement to be conducted by excluding from competition entities in the private sector other than small business concerns in furtherance of section 8 or 15 of the Small Business Act (15 U.S.C. 637 or 644).
(Added Pub. L. 103–160, div. A, title VIII, § 848(a)(1), Nov. 30, 1993, 107 Stat. 1724, § 2304a; renumbered § 2304e, Pub. L. 104–106, div. D, title XLIII, § 4321(b)(6)(A), Feb. 10, 1996, 110 Stat. 672; amended Pub. L. 115–232, div. A, title VIII, § 812(a)(2)(C)(vi), Aug. 13, 2018, 132 Stat. 1847; Pub. L. 116–92, div. A, title XVII, § 1731(a)(39)(A), Dec. 20, 2019, 133 Stat. 1814; renumbered § 3901, Pub. L. 116–283, div. A, title XVIII, § 1838(b), Jan. 1, 2021, 134 Stat. 4242.)
heading: Effective Date of 2021 Amendment
text: Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.
10 U.S.C. § 3903 (ARMED FORCES)
§ 3903. Subcontracting plans: credit for certain purchases
(a) Purchases Benefiting Severely Handicapped Persons.—
In the case of a business concern that has negotiated a small business subcontracting plan with a military department or a Defense Agency, purchases made by that business concern from qualified nonprofit agencies for the blind or other severely handicapped shall count toward meeting the subcontracting goal provided in that plan.
(b) Definitions.—
In this section:
(1) The term “small business subcontracting plan” means a plan negotiated pursuant to section 8(d) of the Small Business Act (15 U.S.C. 637(d)) that establishes a goal for the participation of small business concerns as subcontractors under a contract.
(2) The term “qualified nonprofit agency for the blind or other severely handicapped” means—
(A) a qualified nonprofit agency for the blind, as defined in section 8501(7) of title 41;
(B) a qualified nonprofit agency for other severely disabled, as defined in section 8501(6) of title 41; and
(C) a central nonprofit agency designated by the Committee for Purchase from People Who Are Blind or Severely Disabled under section 8503(c) of title 41.
(Added Pub. L. 102–484, div. A, title VIII, § 808(b)(1), Oct. 23, 1992, 106 Stat. 2449, § 2410d; amended Pub. L. 103–337, div. A, title VIII, § 804, Oct. 5, 1994, 108 Stat. 2815; Pub. L. 104–106, div. D, title XLIII, § 4321(b)(15), Feb. 10, 1996, 110 Stat. 673; Pub. L. 105–85, div. A, title VIII, § 835, Nov. 18, 1997, 111 Stat. 1843; Pub. L. 106–65, div. A, title VIII, § 807, Oct. 5, 1999, 113 Stat. 705; Pub. L. 111–350, § 5(b)(29), Jan. 4, 2011, 124 Stat. 3845; renumbered § 3903, Pub. L. 116–283, div. A, title XVIII, § 1838(b), Jan. 1, 2021, 134 Stat. 4242.)
heading: Effective Date of 2021 Amendment
text: Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.
10 U.S.C. § 4001 (ARMED FORCES)
§ 4001. Research and development projects
(a) Authority.—
The Secretary of Defense or the Secretary of a military department may engage in basic research, applied research, advanced research, and development projects that—
(1) are necessary to the responsibilities of such Secretary’s department in the field of research and development; and
(2) either—
(A) relate to weapon systems and other military needs; or
(B) are of potential interest to the Department of Defense.
(b) Authorized Means.—
The Secretary of Defense or the Secretary of a military department may perform research and development projects—
(1) by contract, cooperative agreement, or grant, in accordance with chapter 63 of title 31;
(2) through one or more military departments;
(3) by using employees and consultants of the Department of Defense;
(4) by mutual agreement with the head of any other department or agency of the Federal Government;
(5) by transactions (other than contracts, cooperative agreements, and grants) entered into pursuant to sections 1 4002 or 4003 2 of this title; or
(6) by purchases through procurement for experimental purposes pursuant to sections 1 4004 of this title.
(c) Requirement of Potential Department of Defense Interest.—
Funds appropriated to the Department of Defense or to a military department may not be used to finance any research project or study unless the project or study is, in the opinion of the Secretary of Defense or the Secretary of that military department, respectively, of potential interest to the Department of Defense or to such military department, respectively.
(d) Additional Provisions Applicable to Cooperative Agreements.—
Additional authorities, conditions, and requirements relating to certain cooperative agreements authorized by this section are provided in sections 4002 and 4143 of this title.
(Added Pub. L. 87–651, title II, § 208(a), Sept. 7, 1962, 76 Stat. 523, § 2358; amended Pub. L. 97–86, title IX, § 910, Dec. 1, 1981, 95 Stat. 1120; Pub. L. 100–370, § 1(g)(3), July 19, 1988, 102 Stat. 846; Pub. L. 103–160, div. A, title VIII, § 827(a), Nov. 30, 1993, 107 Stat. 1712; Pub. L. 103–355, title I, § 1301(a), Oct. 13, 1994, 108 Stat. 3284; Pub. L. 104–201, div. A, title II, § 267(c)(2), Sept. 23, 1996, 110 Stat. 2468; Pub. L. 115–91, div. A, title VIII, § 862, Dec. 12, 2017, 131 Stat. 1494; renumbered § 4001 and amended Pub. L. 116–283, div. A, title XVIII, § 1841(b)(1), (2)(A), Jan. 1, 2021, 134 Stat. 4243.)
heading: Effective Date of 2021 Amendment
text: Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.
10 U.S.C. § 4004 (ARMED FORCES)
§ 4004. Procurement for experimental purposes
(a) Authority.—
The Secretary of Defense and the Secretaries of the military departments may each buy ordnance, signal, chemical activity, transportation, energy, medical, space-flight, telecommunications, and aeronautical supplies, including parts and accessories, and designs thereof, that the Secretary of Defense or the Secretary concerned considers necessary for experimental or test purposes in the development of the best supplies that are needed for the national defense.
(b) Procedures.—
Purchases under this section may be made inside or outside the United States and by contract or otherwise. Chapter 137 of this title applies only when such purchases are made in quantities greater than necessary for experimentation, technical evaluation, assessment of operational utility, or safety or to provide a residual operational capability.
(Added Pub. L. 103–160, div. A, title VIII, § 822(c)(1), Nov. 30, 1993, 107 Stat. 1706, § 2373; amended Pub. L. 103–337, div. A, title X, § 1070(g), Oct. 5, 1994, 108 Stat. 2859; Pub. L. 104–106, div. A, title VIII, § 812, Feb. 10, 1996, 110 Stat. 395; Pub. L. 114–92, div. A, title VIII, § 814, Nov. 25, 2015, 129 Stat. 893; Pub. L. 115–232, div. A, title VIII, § 886, Aug. 13, 2018, 132 Stat. 1916; renumbered § 4004, Pub. L. 116–283, div. A, title XVIII, § 1841(b)(1), Jan. 1, 2021, 134 Stat. 4243.)
heading: Effective Date of 2021 Amendment
text: Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.
10 U.S.C. § 4007 (ARMED FORCES)
§ 4007. Science and technology programs to be conducted so as to foster the transition of science and technology to higher levels of research, development, test, and evaluation
(a) Policy.—
Each official specified in subsection (b) shall ensure that the management and conduct of the science and technology programs under the authority of that official are carried out in a manner that will foster the transition of science and technology to higher levels of research, development, test, and evaluation.
(b) Covered Officials.—
Subsection (a) applies to the following officials of the Department of Defense:
(1) The Under Secretary of Defense for Research and Engineering.
(2) The Secretary of each military department.
(3) The Director of the Defense Advanced Research Projects Agency.
(4) The directors and heads of other offices and agencies of the Department of Defense with assigned research, development, test, and evaluation responsibilities.
(Added Pub. L. 106–398, § 1 [[div. A], title IX, § 904(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–225, § 2359; amended Pub. L. 116–92, div. A, title IX, § 902(55), Dec. 20, 2019, 133 Stat. 1549; renumbered § 4007, Pub. L. 116–283, div. A, title XVIII, § 1841(c), Jan. 1, 2021, 134 Stat. 4243.)
heading: Effective Date of 2021 Amendment
text: Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.
10 U.S.C. § 4008 (ARMED FORCES)
§ 4008. Merit-based award of grants for research and development
(a) It is the policy of Congress that an agency named in section 2303(a) 1 of this title should not be required by legislation to award a new grant for research, development, test, or evaluation to a non-Federal Government entity. It is further the policy of Congress that any program, project, or technology identified in legislation be awarded through merit-based selection procedures.
(b) A provision of law may not be construed as requiring a new grant to be awarded to a specified non-Federal Government entity unless that provision of law—
(1) specifically refers to this subsection;
(2) specifically identifies the particular non-Federal Government entity involved; and
(3) specifically states that the award to that entity is required by such provision of law in contravention of the policy set forth in subsection (a).
(c) For purposes of this section, a grant is a new grant unless the work provided for in the grant is a continuation of the work performed by the specified entity under a preceding grant.
(d) This section shall not apply with respect to any grant that calls upon the National Academy of Sciences to investigate, examine, or experiment upon any subject of science or art of significance to an agency named in section 2303(a) 1 of this title and to report on such matters to the Congress or any agency of the Federal Government.
(Added Pub. L. 103–355, title VII, § 7203(a)(2), Oct. 13, 1994, 108 Stat. 3380, § 2374; renumbered § 4008 and amended Pub. L. 116–283, div. A, title XVIII, §§ 1841(c), 1883(b)(2), Jan. 1, 2021, 134 Stat. 4243, 4294.)
heading: Effective Date of 2021 Amendment
text: Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.
10 U.S.C. § 4009 (ARMED FORCES)
§ 4009. Technology protection features activities
(a) Activities.—
The Secretary of Defense shall carry out activities to develop and incorporate technology protection features in a designated system during the research and development phase of such system.
(b) Cost-sharing.—
Any contract for the design or development of a system resulting from activities under subsection (a) for the purpose of enhancing or enabling the exportability of the system, either for the development of program protection strategies for the system or the design and incorporation of exportability features into the system, shall include a cost-sharing provision that requires the contractor to bear half of the cost of such activities, or such other portion of such cost as the Secretary considers appropriate upon showing of good cause.
(c) Definitions.—
In this section:
(1) The term “designated system” means any system (including a major system, as defined in section 3041 1 of title 10, United States Code) that the Under Secretary of Defense for Acquisition and Sustainment designates for purposes of this section.
(2) The term “technology protection features” means the technical modifications necessary to protect critical program information, including anti-tamper technologies and other systems engineering activities intended to prevent or delay exploitation of critical technologies in a designated system.
(Added Pub. L. 115–232, div. A, title II, § 223(a), Aug. 13, 2018, 132 Stat. 1682, § 2357; renumbered § 4009 and amended Pub. L. 116–283, div. A, title XVIII, §§ 1841(c), 1883(b)(2), Jan. 1, 2021, 134 Stat. 4243, 4294.)
heading: Effective Date of 2021 Amendment
text: Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.