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CHAPTER 134-MISCELLANEOUS ADMINISTRATIVE

PROVISIONS

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SUBCHAPTER I–MISCELLANEOUS AUTHORITIES, PROHIBI

TIONS, AND LIMITATIONS ON THE USE OF APPROPRIATED FUNDS

Sec.

2249.

Prohibition on use of funds for documenting economic or employment im

pact of certain acquisition programs.

[blocks in formation]

§ 2249. Prohibition on use of funds for documenting eco

nomic or employment impact of certain acquisition

programs No funds appropriated by the Congress may be obligated or expended to assist any contractor of the Department of Defense in preparing any material, report, lists, or analysis with respect to the actual or projected economic or employment impact in a particular State or congressional district of an acquisition program for which all research, development, testing, and evaluation has not been completed. (Added as $ 2247 by P.L. 103–355, $ 7202(a)(1), Oct. 13, 1994, 108 Stat. 3379; redesignated as § 2249 by P.L. 104-106, § 4321(b)(2)(A), Feb. 10, 1996, 110 Stat. 672.)

CHAPTER 137–PROCUREMENT GENERALLY 1

Sec. [2301. 2302. 2302a. 2302b. 2302c. 2302d. 2303. [2303a. 2304. 2304a. 2304b. 2304c. 2304d. 2304e.

Repealed.]
Definitions.
Simplified acquisition threshold.
Implementation of simplified acquisition procedures.
Implementation of electronic commerce capability.
Major system: definitional threshold amounts.
Applicability of chapter.

Repealed.)
Contracts: competition requirements.
Task and delivery order contracts: general authority.
Task order contracts: advisory and assistance services.
Task and delivery order contracts: orders.
Task and delivery order contracts: definitions.
Contracts: prohibition on competition between Department of Defense and

2305. 2305a. 2306. 2306a. 2306b. 2306c. 2307. 2308. 2309. 2310. 2311. 2312. 2313. 2314. 2315.

small businesses and certain other entities.
Contracts: planning, solicitation, evaluation, and award procedures.
Design-build selection procedures.
Kinds of contracts.
Cost or pricing data: truth in negotiations.
Multiyear contracts: acquisition of property.
Multiyear contracts: acquisition of services.
Contract financing.
Buy-to-budget acquisition: end items.
Allocation of appropriations.
Determinations and decisions.
Assignment and delegation of procurement functions and responsibilities.
Remission of liquidated damages.
Examination of records of contractor.
Laws inapplicable to agencies named in section 2303 of this title.
Law inapplicable to the procurement of automatic data processing equip-

ment and services for certain defense purposes.
Disclosure of identity of contractor.
Repealed.]
Advocates for competition.
Encouragement of new competitors.
Rights in technical data.
Validation of proprietary data restrictions.
Repealed.)
Contract goal for small disadvantaged businesses and certain institutions

of higher education.
Credit for Indian contracting in meeting certain subcontracting goals for

small disadvantaged businesses and certain institutions of higher

education.
Allowable costs under defense contracts.
Restructuring costs.
Undefinitized contractual actions: restrictions.
Contracts: consideration of national security objectives.

2316.
[2317.
2318.
2319.
2320.
2321.
[2322.
2323.

2323a.

2324. 2325. 2326. 2327.

1 In addition to the procurement provisions set forth by this chapter and chapters 140, 141, 144, and other provisions of title 10, numerous provisions of law applicable to procurement by the agencies named in section 2303(a) of this title are found in the Office of Federal Procurement Policy Act, title III of the Federal Property and Administrative Services Act of 1949, the Small Business Act, and other laws. Also, various limitations and requirements relating to defense procurement are included in annual Department of Defense Appropriations Acts and annual National Defense Authorization Acts. Provisions of such laws that are of general and continuing applicability are set forth in the committee print publication of the Committee on Armed Services of the House of Representatives captioned “Laws Relating to Federal Procurement”.

2328. Release of technical data under Freedom of Information Act: recovery of

costs. [2329. Repealed.) 2330. Procurement of services: management structure. 2330a. Procurement of services: tracking of purchases. 2331. Procurement of services: contracts for professional and technical services. 2332. Share-in-savings contracts. [$ 2301. Repealed. P.L. 103–355, $ 1501(a), Oct. 13, 1994, 108

Stat. 3296] $ 2302. Definitions In this chapter:

(1) The term "head of an agency" means the Secretary of Defense, the Secretary of the Army, the Secretary of the Navy, the Secretary of the Air Force, the Secretary of Homeland Security, and the Administrator of the National Aeronautics and Space Administration.

(2) The term "competitive procedures” means procedures under which the head of an agency enters into a contract pursuant to full and open competition. Such term also includes

(A) procurement of architectural or engineering services conducted in accordance with chapter 11 of title 40;

(B) the competitive selection for award of basic research proposals resulting from a general solicitation and the peer review or scientific review (as appropriate) of such proposals;

(C) the procedures established by the Administrator of General Services for the multiple award schedule program of the General Services Administration if

(i) participation in the program has been open to all responsible sources; and

(ii) orders and contracts under such program result in the lowest overall cost alternative to meet the needs of the United States;

(D) procurements conducted in furtherance of section 15 of the Small Business Act (15 U.S.C. 644) as long as all responsible business concerns that are entitled to submit offers for such procurement are permitted to compete; and

(E) a competitive selection of research proposals resulting from a general solicitation and peer review or scientific review (as appropriate) solicited pursuant to section 9 of the Small Business Act (15 U.S.C. 638).

(3) The following terms have the meanings provided such terms in section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403):

(A) The term “procurement”.
(B) The term "procurement system”.
(C) The term “standards”.
(D) The term "full and open competition”.
(E) The term “responsible source”.
(F) The term "item".
(G) The term “item of supply”.
(H) The term "supplies".
(I) The term "commercial item".
(J) The term “nondevelopmental item”.

(K) The term "commercial component".

(L) The term "component”. (4) The term “technical data” means recorded information (regardless of the form or method of the recording) of a scientific or technical nature (including computer software documentation) relating to supplies procured by an agency. Such term does not include computer software or financial, administrative, cost or pricing, or management data or other information incidental to contract administration.

(5) The term “major system” means a combination of elements that will function together to produce the capabilities required to fulfill a mission need. The elements may include hardware, equipment, software or any combination thereof, but excludes construction or other improvements to real property. A system shall be considered a major system if (A) the conditions of section 2302d of this title are satisfied, or (B) the system is designated a “major system” by the head of the agency responsible for the system.

(6) The term “Federal Acquisition Regulation” means the Federal Acquisition Regulation issued pursuant to section 25(c)(1) of the Office of Federal Procurement Policy Act (41 U.S.C. 421(c)(1)).

(7) The term "simplified acquisition threshold" has the meaning provided that term in section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403), except that, in the case of any contract to be awarded and performed, or purchase to be made, outside the United States in support of a contingency operation or a humanitarian or peacekeeping operation, the term means an amount equal to two times the amount specified for that term in section 4 of such Act.

(8) The term "humanitarian or peacekeeping operation” means a military operation in support of the provision of humanitarian or foreign disaster assistance or in support of a peacekeeping operation under chapter VI or VII of the Charter of the United Nations. The term does not include routine train

ing, force rotation, or stationing. (Aug. 10, 1956, ch. 1041, 70A Stat. 127; revised in its entirety P.L. 98–369, 2722, July 18, 1984, 98 Stat. 1186; amended P.L. 98-525, $ 1211, Oct. 19, 1984, 98 Stat. 2589; Oct. 30, 1984, P.L. 98-577, 8 504(b)(3), 98 Stat. 3087; P.L. 99-661, $ 1343(a)(13), Nov. 14, 1986, 100 Stat. 3993; P.L. 100–26, $7(k)(2), April 21, 1987, 101 Stat. 284; P.L. 101–189, $853(b)(1), Nov. 29, 1989, 103 Stat. 1518; P.L. 102–25, $ 701(d)(1), April 6, 1991, 105 Stat. 113, P.L. 102–190, $ 805, Dec. 5, 1991, 105 Stat. 1417; P.L. 103–355, $ 1502, Oct. 13, 1994, 108 Stat. 3296; P.L. 104-106, $ 4321(b)(3), Feb. 10, 1996, 110 Stat. 672; P.L. 104–201, $$ 805(a)(1), 807(a), Sept. 23, 1996, 110 Stat. 2605, 2606; P.L. 105–85, $ 803(b), Nov. 18, 1997, 111 Stat. 1832; P.L. 107-217, $3(b)(2), Aug. 21, 2002, 116 Stat. 1295; P.L. 107–296, $ 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.) $ 2302a. Simplified acquisition threshold

(a) SIMPLIFIED ACQUISITION THRESHOLD.-For purposes of acquisitions by agencies named in section 2303 of this title, the simplified acquisition threshold is as specified in section 4(11) of the Office of Federal Procurement Policy Act.

(b) INAPPLICABLE LAWS.—No law properly listed in the Federal Acquisition Regulation pursuant to section 33 of the Office of Federal Procurement Policy Act shall apply to or with respect to a contract or subcontract that is not greater than the simplified acquisition threshold.

(Added P.L. 103–355, $$ 4002(a), 4102(a), Oct. 13, 1994, 108 Stat. 3338, 3340.) $ 2302b. Implementation of simplified acquisition proce

dures The simplified acquisition procedures contained in the Federal Acquisition Regulation pursuant to section 31 of the Office of Federal Procurement Policy Act shall apply as provided in such section to the agencies named in section 2303(a) of this title. (Added P.L. 103–355, $ 4203(a), Oct. 13, 1994, 108 Stat. 3345.) $ 2302c. Implementation of electronic commerce capability

(a) IMPLEMENTATION OF ELECTRONIC COMMERCE CAPABILITY.(1) The head of each agency named in paragraphs (1), (5), and (6) of section 2303(a) of this title shall implement the electronic commerce capability required by section 30 of the Office of Federal Procurement Policy Act (41 U.S.C. 426).

(2) The Secretary of Defense shall act through the Under Secretary of Defense for Acquisition, Technology, and Logistics to implement the capability within the Department of Defense.

(3) In implementing the electronic commerce capability pursuant to paragraph (1), the head of an agency referred to in paragraph (i) shall consult with the Administrator for Federal Procurement Policy.

(b) DESIGNATION OF AGENCY OFFICIAL.—The head of each agency named in paragraph (5) or (6) of section 2303(a) this title shall designate a program manager to implement the electronic commerce capability for that agency. The program manager shall report directly to an official at a level not lower than the senior procurement executive designated for the agency under section 16(3) of the Office of Federal Procurement Policy Act (41 U.S.C. 414(3)). (Added P.L. 103–355, $ 9002(a), Oct. 13, 1994, 108 Stat. 3402; amended P.L. 105–85, $ 850(f)(3)(A), Nov. 18, 1997, 111 Stat. 1850; P.L. 105–129, § 1(a), Dec. 1, 1997, 111 Stat. 2551; P.L. 105–261, $ 1069(a)(3), Oct. 17, 1998, 112 Stat. 2135; P.L. 106–65, $$ 911(a)(1), 1066(a)(18), Oct. 5, 1999, 113 Stat. 717, 771; P.L. 107–107, § 1048(b)(2), Dec. 28, 2001, 115 Stat. 1225.) $ 2302d. Major system: definitional threshold amounts

(a) DEPARTMENT OF DEFENSE SYSTEMS.—For purposes of section 2302(5) of this title, a system for which the Department of Defense is responsible shall be considered a major system if

(1) the total expenditures for research, development, test, and evaluation for the system are estimated to be more than $115,000,000 (based on fiscal year 1990 constant dollars); or

(2) the eventual total expenditure for procurement for the system is estimated to be more than $540,000,000 (based on fiscal year 1990 constant dollars).

(b) CIVILIAN AGENCY SYSTEMS.-For purposes of section 2302(5) of this title, a system for which a civilian agency is responsible shall be considered a major system if total expenditures for the system are estimated to exceed the greater of

(1) $750,000 (based fiscal year 1980 constant dollars); or

(2) the dollar threshold for a “major system" established by the agency pursuant to Office of Management and Budget (OMB) Circular A-109, entitled "Major Systems Acquisitions".

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