§ 4507. Procurement of services: contracts for professional and technical services

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. 1990

   National Defense Authorization Act for Fiscal Year 1991

   Pub. L. 101–510 div. A title VIII § 834(a)(1) · 104 Stat. 1485

   Enacted · 10 U.S.C. § 4507

   Added Pub. L. 101–510, div. A, title VIII, § 834(a)(1), Nov. 5, 1990, 104 Stat. 1613, § 2331

   Source evidence

   Code source credit
   Added Pub. L. 101–510, div. A, title VIII, § 834(a)(1), Nov. 5, 1990, 104 Stat. 1613, § 2331

   Enacted provision · exact public law section
   (1) Chapter 137 of title 10, United States Code, is amended by adding at the end the following new section: “§2331. Contracts for professional and technical services “(a) In General.— The Secretary of Defense shall prescribe regulations 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. “(c) Waiver of Task Order Limitation.— (1) The Secretary of Defense may waive the limitation in section 2304(j)(4) of this title on the total value of task orders on a case-by-case basis for specific contracting activities to the extent the Secretary considers necessary the use of master agreements in order to further the policy set forth in subsection (a) of this section. “(2) During any fiscal year, such a waiver may not increase the total value of task orders under master agreements of a contracting activity by more than 20 percent of the value of all contracts for advisory and assistance services awarded by that contracting activity during fiscal year 1989. “(3) Such a waiver shall not become effective until 60 days after the Secretary of Defense has published notice thereof in the Federal Register.”.

2. 1991

   Persian Gulf Conflict Supplemental Authorization and Personnel Benefits Act of 1991

   Pub. L. 102–25 title VII § 701(a) · 105 Stat. 75

   1. Struck · 10 U.S.C. § 4507(c)(1)

      Pub. L. 102–25 struck out “on a case-by-case basis” after “value of task orders”

   2. Substituted · 10 U.S.C. § 4507(c)(1)

      Pub. L. 102–25 substituted “considers the use of master agreements necessary” for “considers necessary the use of master agreements”

   3. Struck · 10 U.S.C. § 4507(c)(1)

      Pub. L. 102–25 struck out “of this section” before period at end

   Source evidence

   Code amendment note
   Subsec. (c)(1). Pub. L. 102–25 struck out “on a case-by-case basis” after “value of task orders”, substituted “considers the use of master agreements necessary” for “considers necessary the use of master agreements”, and struck out “of this section” before period at end.

   Enacted provision · exact public law section
   (a) Clarification of Waiver Authority.— Section 2331(c)(1) of title 10, United States Code, as added by section 834(a) of Public Law 101–510 (104 Stat. 1613), is amended— (1) by striking out “on a case-by-case basis”; (2) by striking out “considers necessary the use of master agreements” and inserting in lieu thereof “considers the use of master agreements necessary”; and (3) by striking out “of this section” before the period at the end.

3. 1994

   Pub. L. 103–355 title I § 1004(c) · 108 Stat. 3243

   Struck · 10 U.S.C. § 4507(c)

   Pub. L. 103–355 struck out text and heading of subsec. (c). Text read as follows:

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 103–355 struck out text and heading of subsec. (c). Text read as follows:

   “(1) The Secretary of Defense may waive the limitation in section 2304(j)(4) of this title on the total value of task orders for specific contracting activities to the extent the Secretary considers the use of master agreements necessary in order to further the policy set forth in subsection (a). “(2) During any fiscal year, such a waiver may not increase the total value of task orders under master agreements of a contracting activity by more than 20 percent of the value of all contracts for advisory and assistance services awarded by that contracting activity during fiscal year 1989. “(3) Such a waiver shall not become effective until 60 days after the Secretary of Defense has published notice thereof in the Federal Register.”

   Enacted provision · exact public law section
   (c) Conforming Amendment for Professional and Technical Services.— Section 2331 of title 10, United States Code, is amended by striking out subsection (c).

4. 2001

   National Defense Authorization Act for Fiscal Year 2002

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

   Substituted · 10 U.S.C. § 4507

   Pub. L. 107–107 substituted “Procurement of services: contracts” for “Contracts” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 107–107 substituted “Procurement of services: contracts” for “Contracts” in section catchline.

   Enacted provision · exact public law section
   (1) The heading for section 2331 of title 10, United States Code, is amended to read as follows: “§ 82331. Procurement of services: contracts for professional and technical services”.

5. 2021

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

   Pub. L. 116–283 div. A title XVIII § 1856(g) · 134 Stat. 3388

   Changed · 10 U.S.C. § 4507

   Pub. L. 116–283 renumbered section 2331 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 116–283 renumbered section 2331 of this title as this section.

   Enacted provision · exact public law section
   (g) Transfer of Sections 2330a, 2329, 2331, 2383, and 2410l of Title 10.— Sections 2330a, 2329, 2331, 2383, and 2410l of title 10, United States Code, are transferred to chapter 341 of such title, inserted (in that order) after section 4502, as designated by subsection (c), and redesignated as sections 4505, 4506, 4507, 4508, and 4509, 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 of 7 references resolved to an enrolled provision