§ 4501. Procurement of contract services: management structure

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2001

   National Defense Authorization Act for Fiscal Year 2002

   Pub. L. 107–107 div. A title VIII § 801(b)(1) · 115 Stat. 1012

   Enacted · 10 U.S.C. § 4501

   Added Pub. L. 107–107, div. A, title VIII, § 801(b)(1), Dec. 28, 2001, 115 Stat. 1174, § 2330

   Source evidence

   Code source credit
   Added Pub. L. 107–107, div. A, title VIII, § 801(b)(1), Dec. 28, 2001, 115 Stat. 1174, § 2330

   Enacted provision · exact public law section
   (1) Chapter 137 of such title is amended by inserting after section 2328 the following new section: “§ 2330. Procurement of services: management structure “(a) Requirement for Management Structure.— (1) The Secretary of Defense shall establish and implement a management structure for the procurement of services for the Department of Defense. The management structure shall be comparable to the management structure that applies to the procurement of products by the Department. “(2) The management structure required by paragraph (1) shall— “(A) provide for a designated official in each military department to exercise responsibility for the management of the procurement of services for such department; “(B) provide for a designated official for Defense Agencies and other defense components outside the military departments to exercise responsibility for the management of the procurement of services for such Defense Agencies and components; “(C) include a means by which employees of the departments, Defense Agencies, and components are accountable to such designated officials for carrying out the requirements of subsection (b); and “(D) establish specific dollar thresholds and other criteria for advance approvals of purchases under subsection (b)(1)(C) and delegations of activity under subsection (b)(2). “(b) Contracting Responsibilities of Designated Officials.— (1) The responsibilities of an official designated under subsection (a) shall include, with respect to the procurement of services for the military department or Defense Agencies and components by that official, the following: “(A) Ensuring that the services are procured by means of contracts or task orders that are in the best interests of the Department of Defense and are entered into or issued and managed in compliance with applicable statutes, regulations, directives, and other requirements, regardless of whether the services are procured through a contract or task order of the Department of Defense or through a contract entered into or task order issued by an official of the United States outside the Department of Defense. “(B) Analyzing data collected under section 2330a of this title on contracts that are entered into for the procurement of services. “(C) Approving, in advance, any procurement of services above the thresholds established pursuant to subsection (a)(2)(D) that is to be made through the use of— “(i) a contract or task order that is not a performance-based contract or task order; or “(ii) a contract entered into, or a task order issued, by an official of the United States outside the Department of Defense. “(2) The responsibilities of a designated official may be delegated to other employees of the Department of Defense in accordance with the criteria established by the Secretary of Defense. “(c) Definition.— In this section, the term ‘performance-based’, with respect to a contract or a task order means that the contract or task order, respectively, includes the use of performance work statements that set forth requirements in clear, specific, and objective terms with measurable outcomes.”.

2. 2002

   Pub. L. 107–314 div. A title X § 1062(a)(8) · 116 Stat. 2458

   Inserted · 10 U.S.C. § 4501(c)

   Pub. L. 107–314 inserted comma after “a task order”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 107–314 inserted comma after “a task order”.

   Enacted provision · exact public law section
   (8) Section 2330(c) is amended by inserting a comma after “a task order”.

3. 2006

   National Defense Authorization Act for Fiscal Year 2006

   Pub. L. 109–163 div. A title VIII § 812(a)(1) · 119 Stat. 3136

   Amended · 10 U.S.C. § 4501

   Pub. L. 109–163 amended section generally. Prior to amendment, section consisted of subsecs. (a) to (c) relating to requirement for management structure, contracting responsibilities of designated officials, and definitions

   Source evidence

   Code amendment note
   Pub. L. 109–163 amended section generally. Prior to amendment, section consisted of subsecs. (a) to (c) relating to requirement for management structure, contracting responsibilities of designated officials, and definitions.

   Enacted provision · exact public law section
   (1) In general.— Section 2330 of title 10, United States Code, is amended to read as follows: “§ 2330. Procurement of contract services: management structure “(a) Requirement for Management Structure.— The Secretary of Defense shall establish and implement a management structure for the procurement of contract services for the Department of Defense. The management structure shall provide, at a minimum, for the following: “(1) The Under Secretary of Defense for Acquisition, Technology, and Logistics shall— “(A) develop and maintain (in consultation with the service acquisition executives) policies, procedures, and best practices guidelines addressing the procurement of contract services, including policies, procedures, and best practices guidelines for— “(i) acquisition planning; “(ii) solicitation and contract award; “(iii) requirements development and management; “(iv) contract tracking and oversight; “(v) performance evaluation; and “(vi) risk management; “(B) work with the service acquisition executives and other appropriate officials of the Department of Defense— “(i) to identify the critical skills and competencies needed to carry out the procurement of contract services on behalf of the Department of Defense; “(ii) to develop a comprehensive strategy for recruiting, training, and deploying employees to meet the requirements for such skills and competencies; and “(iii) to ensure that the military departments and Defense Agencies have staff and administrative support that are adequate to effectively perform their duties under this section; “(C) establish contract services acquisition categories, based on dollar thresholds, for the purpose of establishing the level of review, decision authority, and applicable procedures in such categories; and “(D) oversee the implementation of the requirements of this section and the policies, procedures, and best practices guidelines established pursuant to subparagraph (A). “(2) The service acquisition executive of each military department shall be the senior official responsible for the management of acquisition of contract services for or on behalf of the military department. “(3) The Under Secretary of Defense for Acquisition, Technology, and Logistics shall be the senior official responsible for the management of acquisition of contract services for or on behalf of the Defense Agencies and other components of the Department of Defense outside the military departments. “(b) Duties and Responsibilities of Senior Officials Responsible for the Management of Acquisition of Contract Services.— (1) Except as provided in paragraph (2), the senior officials responsible for the management of acquisition of contract services shall assign responsibility for the review and approval of procurements in each contract services acquisition category established under subsection (a)(1)(C) to specific Department of Defense officials, subject to the direction, supervision, and oversight of such senior officials. “(2) With respect to the acquisition of contract services by a component or command of the Department of Defense the primary mission of which is the acquisition of products and services, such acquisition shall be conducted in accordance with policies, procedures, and best practices guidelines developed and maintained by the Under Secretary of Defense for Acquisition, Technology, and Logistics pursuant to subsection (a)(1), subject to oversight by the senior officials referred to in paragraph (1). “(3) In carrying out paragraph (1), each senior official responsible for the management of acquisition of contract services shall— “(A) implement the requirements of this section and the policies, procedures, and best practices guidelines developed by the Under Secretary of Defense for Acquisition, Technology, and Logistics pursuant to subsection (a)(1)(A); “(B) authorize the procurement of contract services through contracts entered into by agencies outside the Department of Defense in appropriate circumstances, in accordance with the requirements of section 854 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (10 U.S.C. 2304 note), section 814 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (31 U.S.C. 1535 note), and the regulations implementing such sections; “(C) dedicate full-time commodity managers to coordinate the procurement of key categories of services; “(D) ensure that contract services are procured by means of procurement actions that are in the best interests of the Department of Defense and are entered into and managed in compliance with applicable laws, regulations, directives, and requirements; “(E) ensure that competitive procedures and performance-based contracting are used to the maximum extent practicable for the procurement of contract services; and “(F) monitor data collection under section 2330a of this title, and periodically conduct spending analyses, to ensure that funds expended for the procurement of contract services are being expended in the most rational and economical manner practicable. “(c) Definitions.— In this section: “(1) The term ‘procurement action’ includes the following actions: “(A) Entry into a contract or any other form of agreement. “(B) Issuance of a task order, delivery order, or military interdepartmental purchase request. “(2) The term ‘contract services’ includes all services acquired from private sector entities by or for the Department of Defense, other than services relating to research and development or military construction.” .

4. 2013

   National Defense Authorization Act for Fiscal Year 2013

   Pub. L. 112–239 div. A title VIII § 845(d) · 126 Stat. 1632

   Substituted · 10 U.S.C. § 4501(c)(2)

   Pub. L. 112–239 substituted “including services in support of contingency operations. The term does not include services relating to research and development or military construction.” for “other than services relating to research and development or military construction.”

   Source evidence

   Code amendment note
   Subsec. (c)(2). Pub. L. 112–239 substituted “including services in support of contingency operations. The term does not include services relating to research and development or military construction.” for “other than services relating to research and development or military construction.”

   Enacted provision · exact public law section
   (d) Management Structure.— Section 2330(c)(2) of such title is amended by striking “other than services” and all that follows and inserting “including services in support of contingency operations. The term does not include services relating to research and development or military construction.”.

5. 2019

   National Defense Authorization Act for Fiscal Year 2020

   Pub. L. 116–92 div. A title IX § 902(51) · 133 Stat. 1198

   Substituted · 10 U.S.C. § 4501(a)(1); 10 U.S.C. § 4501(a)(3); 10 U.S.C. § 4501(b)(2); 10 U.S.C. § 4501(3)(A)

   Pub. L. 116–92 substituted “Under Secretary of Defense for Acquisition and Sustainment” for “Under Secretary of Defense for Acquisition, Technology, and Logistics”

   Source evidence

   Code amendment note
   Subsecs. (a)(1), (3), (b)(2), (3)(A). Pub. L. 116–92 substituted “Under Secretary of Defense for Acquisition and Sustainment” for “Under Secretary of Defense for Acquisition, Technology, and Logistics”.

   Enacted provision · exact public law section
   (51) Section 2330 of title 10, United States Code, is amended— (A) in subsection (a)(1), by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”; (B) in subsection (a)(3), by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”; (C) in subsection (b)(2), by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”; and (D) in subsection (b)(3)(A), by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”.

6. 2021

   William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

   Pub. L. 116–283 § 1856(e)(2) · 134 Stat. 3388

   Redesignated · 10 U.S.C. § 4501

   Pub. L. 116–283, § 1856(e)(2), redesignated par. (1) of subsec. (a) as subsec. (b) and subpars. (B) to (D) of former par. (1) as subsecs. (c) to (e), respectively

   Source evidence

   Code amendment note
   Pub. L. 116–283, § 1856(e)(2), redesignated par. (1) of subsec. (a) as subsec. (b) and subpars. (B) to (D) of former par. (1) as subsecs. (c) to (e), respectively.

   Enacted provision · exact public law section
   (2) by redesignating paragraph (1) as subsection (b) and subparagraphs (B), (C), and (D) as subsections (c), (d), and (e), respectively;

   Effective date note
   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.

7. 2021

   William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

   Pub. L. 116–283 § 1856(d) · 134 Stat. 3388

   Changed · 10 U.S.C. § 4501

   Pub. L. 116–283, § 1856(d), transferred subsecs. (a)(2), (3), (b), and (c) to section 4502 of this title. Amendment notes below prior to 2021 relate to section as it read before such provisions were transferred

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 116–283, § 1856(d), transferred subsecs. (a)(2), (3), (b), and (c) to section 4502 of this title. Amendment notes below prior to 2021 relate to section as it read before such provisions were transferred.

   Enacted provision · exact public law section
   (d) Designation of New Section 4502.— Such chapter is further amended by inserting after paragraph (1) of subsection (a) of section 4501, as transferred and redesignated by subsection (c), the following: “§ 4502. Procurement of contract services: senior officials responsible for management of acquisition of contract services “(a) Senior Officials.— The management structure implemented pursuant to section 4501 of this title shall provide for the following:” .

   Effective date note
   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.

8. 2021

   William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

   Pub. L. 116–283 § 1856(c) · 134 Stat. 3388

   Changed · 10 U.S.C. § 4501

   Pub. L. 116–283, § 1856(c), renumbered section 2330 of this title as this section

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 116–283, § 1856(c), renumbered section 2330 of this title as this section.

   Enacted provision · exact public law section
   (c) Transfer of Section 2330 of Title 10.— Section 2330 of title 10, United States Code, is transferred to chapter 341 of such title, as amended by subsection (b), inserted after the table of sections, and redesignated as section 4501.

   Effective date note
   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.

9. 2021

   William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

   Pub. L. 116–283 § 1856(e)(1) · 134 Stat. 3388

   Substituted · 10 U.S.C. § 4501(a)

   Pub. L. 116–283, § 1856(e)(1), substituted “for the matters specified in subsections (b), (c), (d), and (e).” for “for the following:”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 116–283, § 1856(e)(1), substituted “for the matters specified in subsections (b), (c), (d), and (e).” for “for the following:”.

   Enacted provision · exact public law section
   (1) by striking “for the following:” and inserting “for the matters specified in subsections (b), (c), (d), and (e).”;

   Effective date note
   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. 2021

    William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 1856(e)(3) · 134 Stat. 3388

    1. Inserted · 10 U.S.C. § 4501(b)

       Pub. L. 116–283, § 1856(e)(3), inserted heading

    2. Substituted · 10 U.S.C. § 4501(b)

       Pub. L. 116–283, § 1856(e)(3), substituted “The management structure implemented pursuant to subsection (a) shall provide that the Under Secretary of Defense for Acquisition and Sustainment shall develop and maintain” for “The Under Secretary of Defense for Acquisition and Sustainment shall—(A) develop and maintain”

    3. Redesignated · 10 U.S.C. § 4501(b)

       Pub. L. 116–283, § 1856(e)(3), redesignated cls. (i) to (vi) as pars. (1) to (6), respectively

    4. Substituted · 10 U.S.C. § 4501(b)

       Pub. L. 116–283, § 1856(e)(3), substituted period for semicolon at end of par. (6), and realigned margins

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 116–283, § 1856(e)(3), inserted heading, substituted “The management structure implemented pursuant to subsection (a) shall provide that the Under Secretary of Defense for Acquisition and Sustainment shall develop and maintain” for “The Under Secretary of Defense for Acquisition and Sustainment shall—(A) develop and maintain”, redesignated cls. (i) to (vi) as pars. (1) to (6), respectively, substituted period for semicolon at end of par. (6), and realigned margins.

    Enacted provision · exact public law section
    (3) in subsection (b), as so redesignated— (A) by realigning the margin of the subsection 2 ems to the left; (B) by striking “The Under” and all that follows through “develop and maintain” and inserting “Policies, Procedures, and Best Practices Guidelines.—The management structure implemented pursuant to subsection (a) shall provide that the Under Secretary of Defense for Acquisition and Sustainment shall develop and maintain”; (C) by redesignating clauses (i) through (vi) as paragraphs (1) through (6), respectively, and realigning the margin of those paragraphs 2 ems to the left; and (D) by striking the semicolon at the end of such paragraph (6), as so redesignated, and inserting a period;

    Effective date note
    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.

11. 2021

    William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 1856(e)(4)(A) · 134 Stat. 3388

    1. Inserted · 10 U.S.C. § 4501(c)

       Pub. L. 116–283, § 1856(e)(4)(A)–(C), inserted heading

    2. Substituted · 10 U.S.C. § 4501(c)

       Pub. L. 116–283, § 1856(e)(4)(A)–(C), substituted “The management structure implemented pursuant to subsection (a) shall provide that the Under Secretary shall work with” for “work with” in introductory provisions

    3. Redesignated · 10 U.S.C. § 4501(c)

       Pub. L. 116–283, § 1856(e)(4)(A)–(C), redesignated cls. (i) to (iii) as pars. (1) to (3), respectively, and realigned margins

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 116–283, § 1856(e)(4)(A)–(C), inserted heading, substituted “The management structure implemented pursuant to subsection (a) shall provide that the Under Secretary shall work with” for “work with” in introductory provisions, redesignated cls. (i) to (iii) as pars. (1) to (3), respectively, and realigned margins.

    Enacted provision · exact public law section
    (A) by realigning the margin of the subsection 4 ems to the left;

    Effective date note
    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.

12. 2021

    William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 1856(e)(4)(D) · 134 Stat. 3388

    Substituted · 10 U.S.C. § 4501(c)(3)

    Pub. L. 116–283, § 1856(e)(4)(D), (E), substituted “under this section and section 4502 of this title.” for “under this section;”

    Source evidence

    Code amendment note
    Subsec. (c)(3). Pub. L. 116–283, § 1856(e)(4)(D), (E), substituted “under this section and section 4502 of this title.” for “under this section;”.

    Enacted provision · exact public law section
    (D) by inserting “and section 4502 of this title” in paragraph (3), as so redesignated, after “under this section”; and

    Effective date note
    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.

13. 2021

    William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 1856(e)(5) · 134 Stat. 3388

    1. Inserted · 10 U.S.C. § 4501(d)

       Pub. L. 116–283, § 1856(e)(5), inserted heading

    2. Substituted · 10 U.S.C. § 4501(d)

       Pub. L. 116–283, § 1856(e)(5), substituted “The management structure implemented pursuant to subsection (a) shall provide that the Under Secretary shall establish contract” for “establish contract” and period for “; and”, and realigned margins

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 116–283, § 1856(e)(5), inserted heading, substituted “The management structure implemented pursuant to subsection (a) shall provide that the Under Secretary shall establish contract” for “establish contract” and period for “; and”, and realigned margins.

    Enacted provision · exact public law section
    (5) in subsection (d), as redesignated by paragraph (2)— (A) by realigning the margin of the subsection 4 ems to the left; (B) by striking “establish contract” and inserting “Contract Services Acquisition Categories.—The management structure implemented pursuant to subsection (a) shall provide that the Under Secretary shall establish contract”; and (C) by striking “; and” at the end and inserting a period;

    Effective date note
    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.

14. 2021

    William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 1856(e)(6) · 134 Stat. 3388

    1. Inserted · 10 U.S.C. § 4501(e)

       Pub. L. 116–283, § 1856(e)(6), inserted heading

    2. Substituted · 10 U.S.C. § 4501(e)

       Pub. L. 116–283, § 1856(e)(6), substituted “The management structure implemented pursuant to subsection (a) shall provide that the Under Secretary shall oversee the” for “oversee the”

    3. Substituted · 10 U.S.C. § 4501(e)

       Pub. L. 116–283, § 1856(e)(6), substituted “subsection (b)” for “subparagraph (A)”

    4. Inserted · 10 U.S.C. § 4501(e)

       Pub. L. 116–283, § 1856(e)(6), inserted “and section 4502 of this title” after “of this section”, and realigned margins

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 116–283, § 1856(e)(6), inserted heading, substituted “The management structure implemented pursuant to subsection (a) shall provide that the Under Secretary shall oversee the” for “oversee the” and “subsection (b)” for “subparagraph (A)”, inserted “and section 4502 of this title” after “of this section”, and realigned margins.

    Enacted provision · exact public law section
    (6) in subsection (e), as redesignated by paragraph (2)— (A) by realigning the margin of the subsection 4 ems to the left; (B) by striking “oversee the” and inserting “Oversight of Implementation.—The management structure implemented pursuant to subsection (a) shall provide that the Under Secretary shall oversee the”; (C) by inserting “and section 4502 of this title” after “of this section”; and (D) by striking “subparagraph (A)”and inserting “subsection (b)”; and

    Effective date note
    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.

15. 2021

    William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 1856(e)(7) · 134 Stat. 3388

    Added · 10 U.S.C. § 4501(f)

    Pub. L. 116–283, § 1856(e)(7), added subsec. (f)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 116–283, § 1856(e)(7), added subsec. (f).

    Enacted provision · exact public law section
    (7) by adding at the end the following new subsection: “(f) Contract Services.— In this section, the term ‘contract services’ has the meaning given that term in section 4502(d)(2) of this title.” .

    Effective date note
    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.

24 of 24 references resolved to an enrolled provision