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10 U.S.C. § 4356 (ARMED FORCES)
§ 4356. Selected acquisition reports: time for submission to Congress; form of report
(a) Time for Submission.—
Each comprehensive annual Selected Acquisition Report shall be submitted within 30 days after the date on which the President transmits the Budget to Congress for the following fiscal year, and each Quarterly Selected Acquisition Report shall be submitted within 45 days after the end of the fiscal-year quarter.
(b) Form of Report.—
A Selected Acquisition Report required under this chapter shall be submitted in unclassified form without any designation relating to dissemination control, but may contain a classified annex.
(Added and amended Pub. L. 116–283, div. A, title XVIII, § 1849(a), (h), (i), Jan. 1, 2021, 134 Stat. 4259, 4263.)
heading: Codification
text: The text of subsec. (f) of section 2432 of this title, which was transferred to this section and redesignated as subsec. (a) by Pub. L. 116–283, § 1849(h)(1), was based on Pub. L. 97–252, title XI, § 1107(a)(1), Sept. 8, 1982, 96 Stat. 739, § 139a; Pub. L. 98–525, title XII, § 1242(a)(4), Oct. 19, 1984, 98 Stat. 2607; renumbered § 2432, Pub. L. 99–433, title I, § 101(a)(5), Oct. 1, 1986, 100 Stat. 995; Pub. L. 100–180, div. A, title XIII, § 1314(a)(1), Dec. 4, 1987, 101 Stat. 1175; Pub. L. 103–355, title III, § 3002(g), Oct. 13, 1994, 108 Stat. 3329; Pub. L. 112–81, div. A, title VIII, § 812, Dec. 31, 2011, 125 Stat. 1491; Pub. L. 114–328, div. A, title VIII, § 841, Dec. 23, 2016, 130 Stat. 2288.
The text of subsec. (i) of section 2432 of this title, which was transferred to this section, redesignated as subsec. (b) and amended by Pub. L. 116–283, § 1849(i), was based on Pub. L. 116–92, div. A, title VIII, § 830(a)(2), Dec. 20, 2019, 133 Stat. 1492.
heading: Prior Provisions
text: A prior section 4356 was renumbered section 7456 of this title.
heading: Amendments
text: 2021—Subsec. (a). Pub. L. 116–283, § 1849(h), transferred subsec. (f) of section 2432 of this title to this section, redesignated it as subsec. (a), and inserted heading.
Subsec. (b). Pub. L. 116–283, § 1849(i), transferred subsec. (i) of section 2432 of this title to this section, redesignated it as subsec. (b), and substituted “under this chapter” for “under this section”.
heading: Effective Date
text: Section and 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 an Effective Date of 2021 Amendment note preceding section 3001 of this title.
10 U.S.C. § 4357 (ARMED FORCES)
§ 4357. Selected acquisition reports: termination of requirements with respect to a program or subprogram
The requirements of this chapter with respect to a major defense acquisition program or designated major subprogram shall cease to apply after 90 percent of the items to be delivered to the United States under the program or subprogram (shown as the total quantity of items to be purchased under the program or subprogram in the most recent Selected Acquisition Report) have been delivered or 90 percent of planned expenditures under the program or subprogram have been made.
(Added and amended Pub. L. 116–283, div. A, title XVIII, § 1849(a), (j), Jan. 1, 2021, 134 Stat. 4259, 4263.)
heading: Codification
text: The text of subsec. (g) of section 2432 of this title, which was transferred to this section and amended by Pub. L. 116–283, § 1849(j), was based on Pub. L. 98–525, title XII, § 1242(a)(5), Oct. 19, 1984, 98 Stat. 2607; Pub. L. 110–417, [div. A], title VIII, § 811(b)(4), Oct. 14, 2008, 122 Stat. 4522.
heading: Prior Provisions
text: A prior section 4357 was renumbered section 7457 of this title.
heading: Amendments
text: 2021—Pub. L. 116–283, § 1849(j), transferred subsec. (g) of section 2432 of this title to this section, struck out subsec. designation, and substituted “of this chapter” for “of this section”.
heading: Effective Date
text: Section and 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 an Effective Date of 2021 Amendment note preceding section 3001 of this title.
10 U.S.C. § 4373 (ARMED FORCES)
§ 4373. Unit cost reports: immediate report from program manager to service acquisition executive upon breach of significant cost growth threshold
If the program manager of a major defense acquisition program for which a unit cost report has previously been submitted under section 4372 of this title determines at any time during a quarter that there is reasonable cause to believe that the program acquisition unit cost for the program (or for a designated major subprogram under the program) or the procurement unit cost for the program (or for such a subprogram), as applicable, has increased by a percentage equal to or greater than the significant cost growth threshold; and if a unit cost report indicating an increase of such percentage or more has not previously been submitted to the service acquisition executive designated by the Secretary concerned, then the program manager shall immediately submit to such service acquisition executive a unit cost report containing the information, determined as of the date of the report, required under section 4372 of this title.
(Added and amended Pub. L. 116–283, div. A, title XVIII, § 1850(a), (f), Jan. 1, 2021, 134 Stat. 4265, 4266.)
heading: Codification
text: The text of subsec. (c) of section 2433 of this title, which was transferred to this section and amended by Pub. L. 116–283, § 1850(f), was based on Pub. L. 97–252, title XI, § 1107(a)(1), Sept. 8, 1982, 96 Stat. 741, § 139b; Pub. L. 98–525, title XII, § 1242(b)(3), Oct. 19, 1984, 98 Stat. 2608; renumbered § 2433, Pub. L. 99–433, title I, § 101(a)(5), Oct. 1, 1986, 100 Stat. 995; Pub. L. 100–180, div. A, title XIII, § 1314(a)(1), Dec. 4, 1987, 101 Stat. 1175; Pub. L. 101–189, div. A, title VIII, § 811(a)(3), Nov. 29, 1989, 103 Stat. 1490; Pub. L. 101–510, div. A, title XIV, § 1484(k)(10), Nov. 5, 1990, 104 Stat. 1719; Pub. L. 102–484, div. A, title VIII, § 817(d)(3), Oct. 23, 1992, 106 Stat. 2457; Pub. L. 103–355, title III, §§ 3002(a)(2)(A), 3003(a)(2)(A), (c), Oct. 13, 1994, 108 Stat. 3328, 3329; Pub. L. 105–85, div. A, title VIII, § 833(a), (b), Nov. 18, 1997, 111 Stat. 1842, 1843; Pub. L. 109–163, div. A, title VIII, § 802(b)(1), Jan. 6, 2006, 119 Stat. 3368; Pub. L. 110–417, [div. A], title VIII, § 811(c)(3), Oct. 14, 2008, 122 Stat. 4522.
heading: Amendments
text: 2021—Pub. L. 116–283, § 1850(f), transferred subsec. (c) of section 2433 of this title to this section, struck out subsec. designation, and substituted “section 4372 of this title” for “subsection (b)” in two places.
heading: Effective Date
text: Section and 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 an Effective Date of 2021 Amendment note preceding section 3001 of this title.
10 U.S.C. § 4403 (ARMED FORCES)
§ 4403. Requirements relating to availability of major system interfaces and support for modular open system approach
The Secretary of each military department shall—
(1) coordinate with the other military departments, the defense agencies, defense and other private sector entities, national standards-setting organizations, and, when appropriate, with elements of the intelligence community with respect to the specification, identification, development, and maintenance of major system interfaces and standards for use in major system platforms, where practicable;
(2) ensure that major system interfaces incorporate commercial standards and other widely supported consensus-based standards that are validated, published, and maintained by recognized standards organizations to the maximum extent practicable;
(3) ensure that sufficient systems engineering and development expertise and resources are available to support the use of a modular open system approach in requirements development and acquisition program planning;
(4) ensure that necessary planning, programming, and budgeting resources are provided to specify, identify, develop, and sustain the modular open system approach, associated major system interfaces, systems integration, and any additional program activities necessary to sustain innovation and interoperability;
(5) ensure that adequate training in the use of a modular open system approach is provided to members of the requirements and acquisition workforce; and
(6) issue guidance to implement the requirements of this section.
(Added Pub. L. 114–328, div. A, title VIII, § 805(a)(1), Dec. 23, 2016, 130 Stat. 2255, § 2446c; amended Pub. L. 116–92, div. A, title VIII, § 840(b), Dec. 20, 2019, 133 Stat. 1499; renumbered § 4403, Pub. L. 116–283, div. A, title XVIII, § 1851(b)(1), Jan. 1, 2021, 134 Stat. 4272.)
heading: Prior Provisions
text: Prior sections 4411 to 4414 were renumbered sections 7481 to 7484 of this title, respectively.
A prior section 4415, added Pub. L. 100–180, div. A, title III, § 319(a)(1), Dec. 4, 1987, 101 Stat. 1077; amended Pub. L. 100–526, title I, § 106(c), Oct. 24, 1988, 102 Stat. 2625, related to United States Army School of the Americas, prior to repeal by Pub. L. 106–398, § 1 [[div. A], title IX, § 911(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A-228.
Prior sections 4416 and 4417 were renumbered sections 7486 and 7487 of this title, respectively.
heading: Amendments
text: 2021—Pub. L. 116–283 renumbered section 2446c of this title as this section.
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. § 4421 (ARMED FORCES)
§ 4421. Weapon system component or technology prototype projects: display of budget information
(a) Requirements for Budget Display.—
In the defense budget materials for any fiscal year, the Secretary of Defense shall, with respect to advanced component development and prototype activities (within the research, development, test, and evaluation budget), set forth the amounts requested for each of the following:
(1) Acquisition programs of record.
(2) Development, prototyping, and experimentation of weapon system components or other technologies, including those based on commercial products and technologies, separate from acquisition programs of record.
(3) Other budget line items as determined by the Secretary of Defense.
(b) Additional Requirements.—
For purposes of subsection (a)(2), the amounts requested for development, prototyping, and experimentation of weapon system components or other technologies shall be—
(1) structured into either capability, weapon system component, or technology portfolios that reflect the priority areas for prototype projects; and
(2) justified with general descriptions of the types of capability areas and technologies being funded or expected to be funded during the fiscal year concerned.
(c) Definitions.—
In this section, the terms “budget” and “defense budget materials” have the meaning given those terms in section 234 of this title and the term “commercial product” has the meaning given that term in section 103 of title 41.
(Added Pub. L. 114–328, div. A, title VIII, § 806(a)(1), Dec. 23, 2016, 130 Stat. 2256, § 2447a; amended Pub. L. 115–232, div. A, title VIII, § 836(e)(8), Aug. 13, 2018, 132 Stat. 1870; Pub. L. 116–92, div. A, title XVII, § 1731(a)(51), Dec. 20, 2019, 133 Stat. 1815; renumbered § 4421, Pub. L. 116–283, div. A, title XVIII, § 1851(c)(1), Jan. 1, 2021, 134 Stat. 4272.)
heading: Amendments
text: 2021—Pub. L. 116–283 renumbered section 2447a of this title as this section.
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. § 4423 (ARMED FORCES)
§ 4423. Requirements and limitations for weapon system component or technology prototype projects
(a) Limitation on Prototype Project Duration.—
A prototype project shall be completed within two years of its initiation.
(b) Merit-based Selection Process.—
A prototype project shall be selected by the service acquisition executive of the military department concerned through a merit-based selection process that identifies the most promising, innovative, and cost-effective prototypes that address one or more of the elements set forth in subsection (c)(1) of section 4422 of this title and are expected to be successfully demonstrated in a relevant environment.
(c) Type of Transaction.—
Prototype projects shall be funded through contracts, cooperative agreements, or other transactions.
(d) Funding Limit.—
(1) Each prototype project may not exceed a total amount of $10,000,000 (based on fiscal year 2017 constant dollars), unless—
(A) the Secretary of the military department, or the Secretary’s designee, approves a larger amount of funding for the project, not to exceed $50,000,000; and
(B) the Secretary, or the Secretary’s designee, submits to the congressional defense committees, within 30 days after approval of such funding for the project, a notification that includes—
(i) the project;
(ii) expected funding for the project; and
(iii) a statement of the anticipated outcome of the project.
(2) The Secretary of Defense may adjust the amounts (and the base fiscal year) provided in paragraph (1) on the basis of Department of Defense escalation rates.
(e) Related Prototype Authorities.—
Prototype projects that exceed the duration and funding limits established in this section shall be pursued under the rapid prototyping process established by section 804 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2302 note). In addition, nothing in this subchapter shall affect the authority to carry out prototype projects under section 4003 or any other section of this title related to prototyping.
(Added Pub. L. 114–328, div. A, title VIII, § 806(a)(1), Dec. 23, 2016, 130 Stat. 2258, § 2447c; renumbered § 4423 and amended Pub. L. 116–283, div. A, title XVIII, § 1851(c)(1), (3), Jan. 1, 2021, 134 Stat. 4272, 4273.)
heading: Amendments
text: 2021—Pub. L. 116–283, § 1851(c)(1), renumbered section 2447c of this title as this section.
Subsec. (b). Pub. L. 116–283, § 1851(c)(3)(A), substituted “section 4422” for “section 2447b”.
Subsec. (e). Pub. L. 116–283, § 1851(c)(3)(B), substituted “section 4003” for “section 2371b”.
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. § 4424 (ARMED FORCES)
§ 4424. Mechanisms to speed deployment of successful weapon system component or technology prototypes
(a) Selection of Prototype Project for Production and Rapid Fielding.—
A weapon system component or technology prototype project may be selected by the service acquisition executive of the military department concerned for a follow-on production contract or other transaction without the use of competitive procedures, notwithstanding the requirements of sections 3201 through 3205 of this title, if—
(1) the follow-on production project addresses a high priority warfighter need or reduces the costs of a weapon system;
(2) competitive procedures were used for the selection of parties for participation in the original prototype project;
(3) the participants in the original prototype project successfully completed the requirements of the project; and
(4) a prototype of the system to be procured was demonstrated in a relevant environment.
(b) Special Transfer Authority.—
(1) The Secretary of a military department may, as specified in advance by appropriations Acts, transfer funds that remain available for obligation in procurement appropriation accounts of the military department to fund the low-rate initial production of the rapid fielding project until required funding for full-rate production can be submitted and approved through the regular budget process of the Department of Defense.
(2) The funds transferred under this subsection to fund the low-rate initial production of a rapid fielding project shall be for a period not to exceed two years, the amount for such period may not exceed $50,000,000, and the special transfer authority provided in this subsection may not be used more than once to fund procurement of a particular new or upgraded system.
(3) The special transfer authority provided in this subsection is in addition to any other transfer authority available to the Department of Defense.
(c) Notification to Congress.—
Within 30 days after the service acquisition executive of a military department selects a weapon system component or technology project for a follow-on production contract or other transaction, the service acquisition executive shall notify the congressional defense committees of the selection and provide a brief description of the rapid fielding project.
(Added Pub. L. 114–328, div. A, title VIII, § 806(a)(1), Dec. 23, 2016, 130 Stat. 2259, § 2447d; renumbered § 4424 and amended Pub. L. 116–283, div. A, title XVIII, § 1851(c)(1), (4), Jan. 1, 2021, 134 Stat. 4272, 4273.)
heading: Amendments
text: 2021—Pub. L. 116–283, § 1851(c)(1), renumbered section 2447d of this title as this section.
Subsec. (a). Pub. L. 116–283, § 1851(c)(4), substituted “sections 3201 through 3205” for “section 2304” in introductory provisions.
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. § 4425 (ARMED FORCES)
§ 4425. Definition of weapon system component
In this subchapter, the term “weapon system component” has the meaning given the term “major system component” in section 4401 of this title.
(Added Pub. L. 114–328, div. A, title VIII, § 806(a)(1), Dec. 23, 2016, 130 Stat. 2259, § 2447e; renumbered § 4425 and amended Pub. L. 116–283, div. A, title XVIII, § 1851(c)(1), (5), Jan. 1, 2021, 134 Stat. 4272, 4273.)
heading: Amendments
text: 2021—Pub. L. 116–283, § 1851(c)(5), substituted “section 4401” for “section 2446a”.
Pub. L. 116–283, § 1851(c)(1), renumbered section 2447e of this title as this section.
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. § 4507 (ARMED FORCES)
§ 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.
(Added Pub. L. 101–510, div. A, title VIII, § 834(a)(1), Nov. 5, 1990, 104 Stat. 1613, § 2331; amended Pub. L. 102–25, title VII, § 701(a), Apr. 6, 1991, 105 Stat. 113; Pub. L. 103–355, title I, § 1004(c), Oct. 13, 1994, 108 Stat. 3253; Pub. L. 107–107, div. A, title VIII, § 801(g)(1), Dec. 28, 2001, 115 Stat. 1177; renumbered § 4507, Pub. L. 116–283, div. A, title XVIII, § 1856(g), Jan. 1, 2021, 134 Stat. 4275.)
heading: Prior Provisions
text: A prior section 4507, act Aug. 10, 1956, ch. 1041, 70A Stat. 253, which related to sale of ordnance and ordnance stores to designers, was repealed by Pub. L. 103–160, div. A, title VIII, § 822(b)(3), Nov. 30, 1993, 107 Stat. 1706.
heading: Amendments
text: 2021—Pub. L. 116–283 renumbered section 2331 of this title as this section.
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.