10 USC 4505 - Procurement of services: tracking of purchases

1 See References in Text note below.

of this title; and

Editorial Notes

References in Text

Section 235 of this title, referred to in subsec. (e)(3), was repealed by Puspan. L. 117–81, div. A, title VIII, § 815(span)(1), Dec. 27, 2021, 135 Stat 1825.

Section 4505(g)(5) of this title, referred to in subsec. (h)(6), meaning subsec. (g)(5) of this section, was redesignated through a series of amendments as subsec. (h)(4) of this section.

Prior Provisions

A prior section 4505, act Aug. 10, 1956, ch. 1041, 70A Stat. 252, which related to procurement by Secretary of the Army of production equipment, was repealed by Puspan. L. 103–160, div. A, title VIII, § 823(1), Nov. 30, 1993, 107 Stat. 1707.

Amendments

2021—Puspan. L. 116–283, § 1856(g), renumbered section 2330a of this title as this section.

Subsec. (h)(2). Puspan. L. 117–81, § 1701(d)(13), which directed the substitution of “section 4508(span)(3)” for “section 2383(span)(3)”, could not be executed because of the intervening amendment by Puspan. L. 116–283, § 1883(span)(2). See note below.

Puspan. L. 116–283, § 1883(span)(2), substituted “section 4508(span)(3)” for “section 2383(span)(3)”.

Subsec. (h)(3). Puspan. L. 116–283, § 1856(h), as amended by Puspan. L. 117–81, § 1701(span)(19)(B), substituted “section 4508(span)(2)” for “section 2383(span)(2)”.

Subsec. (h)(6). Puspan. L. 116–283, § 1883(span)(2), substituted “section 4505(g)(5)” for “section 2330a(g)(5)”.

2018—Subsec. (c)(1). Puspan. L. 115–232, in introductory provisions, inserted “and contracts closely associated with inherently governmental functions” after “staff augmentation contracts” and substituted “Under Secretary of Defense for Acquisition and Sustainment” for “Under Secretary of Defense for Acquisition, Technology, and Logistics”.

Subsec. (c)(1)(B). Puspan. L. 115–232, § 819(2), substituted “Under Secretary of Defense for Acquisition and Sustainment” for “Under Secretary of Defense for Acquisition, Technology, and Logistics”.

2017—Subsec. (d)(1)(C). Puspan. L. 115–91, § 1081(a)(30)(A), struck out period before semicolon at end.

Subsec. (h)(1). Puspan. L. 115–91, § 1081(a)(30)(B)(i), inserted heading.

Subsec. (h)(2) to (4). Puspan. L. 115–91, § 1081(d)(6)(A), amended directory language of Puspan. L. 114–328, § 833(span)(2)(C)(ii). See 2016 Amendment notes below.

Subsec. (h)(5). Puspan. L. 115–91, § 1081(a)(30)(B)(iii), inserted heading.

Puspan. L. 115–91, § 1081(a)(30)(B)(ii), redesignated par. (6) defining “service acquisition portfolio groups” as (5). Former par. (5) redesignated (7).

Puspan. L. 115–91, § 1081(d)(6)(A), amended directory language of Puspan. L. 114–328, § 833(span)(2)(C)(ii). See 2016 Amendment note below.

Subsec. (h)(6). Puspan. L. 115–91, § 1081(a)(30)(B)(iv), inserted heading.

Puspan. L. 115–91, § 1081(a)(30)(B)(ii), redesignated par. (7) as (6). Former par. (6) defining “service acquisition portfolio groups” redesignated (5) and former par. (6) relating to Small Business Act definitions redesignated (8).

Puspan. L. 115–91, § 1081(d)(6)(A), amended directory language of Puspan. L. 114–328, § 833(span)(2)(C)(ii). See 2016 Amendment note below.

Subsec. (h)(7). Puspan. L. 115–91, § 1081(a)(30)(B)(ii), redesignated par. (5) as (7). Former par. (7) redesignated (6).

Subsec. (h)(8). Puspan. L. 115–91, § 1081(a)(30)(B)(ii), redesignated par. (6) relating to Small Business Act definitions as (8).

2016—Subsec. (a). Puspan. L. 114–328, § 812(a), (span), substituted “in excess of $3,000,000” for “in excess of the simplified acquisition threshold” and “, for services in the following service acquisition portfolio groups:” for period at end and added pars. (1) to (4).

Subsec. (c). Puspan. L. 114–328, § 812(c)(1), substituted “Inventory Summary” for “Inventory” in heading.

Subsec. (c)(1). Puspan. L. 114–328, § 812(c)(2), substituted “prepare an annual inventory, and submit to Congress a summary of the inventory, of activities performed during the preceding fiscal year pursuant to staff augmentation contracts on behalf” for “submit to Congress an annual inventory of the activities performed during the preceding fiscal year pursuant to contracts for services (and pursuant to contracts for goods to the extent services are a significant component of performance as identified in a separate line item of a contract) for or on behalf”.

Subsec. (d). Puspan. L. 114–328, § 812(d), redesignated subsec. (e) as (d) and struck out former subsec. (d). Prior to amendment, text of subsec. (d) read as follows: “Not later than 30 days after the date on which an inventory under subsection (c) is required to be submitted to Congress, the Secretary shall—

“(1) make the inventory available to the public; and

“(2) publish in the Federal Register a notice that the inventory is available to the public.”

Subsec. (d)(1). Puspan. L. 114–328, § 812(e), inserted “, with particular focus and attention on the following categories of high-risk product service codes (also referred to as Federal supply codes):” after “responsible” and added subpars. (A) to (C).

Subsec. (e). Puspan. L. 114–328, § 812(d)(2), redesignated subsec. (f) as (e). Former subsec. (e) redesignated (d).

Subsec. (f). Puspan. L. 114–328, § 812(f), added subsec. (f). Former subsec. (f) redesignated (e).

Subsecs. (g), (h). Puspan. L. 114–328, § 812(d), redesignated subsecs. (i) and (j) as (g) and (h), respectively, and struck out former subsecs. (g) and (h) which related to Inspector General reports and Comptroller General reports, respectively.

Subsec. (h)(2). Puspan. L. 114–328, § 833(span)(2)(C)(ii)(I), (II), as amended by Puspan. L. 115–91, § 1081(d)(6)(A), redesignated par. (3) as (2) and struck out former par. (2). Prior to amendment, par. (2) read as follows: “The definitions set forth in section 2225(f) of this title for the terms ‘simplified acquisition threshold’, ‘small business concern’, ‘small business concern owned and controlled by socially and economically disadvantaged individuals’, and ‘small business concern owned and controlled by women’ shall apply.”

Subsec. (h)(3), (4). Puspan. L. 114–328, § 833(span)(2)(C)(ii)(II), as amended by Puspan. L. 115–91, § 1081(d)(6)(A), redesignated pars. (4) and (5) as (3) and (4), respectively. Former par. (3) redesignated (2).

Subsec. (h)(5). Puspan. L. 114–328, § 833(span)(2)(C)(ii)(III), as amended by Puspan. L. 115–91, § 1081(d)(6)(A), added par. (5). Former par. (5) redesignated (4).

Subsec. (h)(6). Puspan. L. 114–328, § 833(span)(2)(C)(ii)(III), as amended by Puspan. L. 115–91, § 1081(d)(6)(A), added par. (6) relating to Small Business Act definitions.

Puspan. L. 114–328, § 812(g), added par. (6) defining “service acquisition portfolio groups”.

Subsec. (h)(7). Puspan. L. 114–328, § 812(g), added par. (7).

Subsecs. (i), (j). Puspan. L. 114–328, § 812(d)(2), redesignated subsecs. (i) and (j) as (g) and (h), respectively.

2013—Subsecs. (g) to (j). Puspan. L. 113–66 added subsecs. (g) and (h) and redesignated former subsecs. (g) and (h) as (i) and (j), respectively.

2011—Subsec. (c). Puspan. L. 111–383, § 321(2) to (4), substituted “The guidance for compiling the inventory shall be issued by the Under Secretary of Defense for Personnel and Readiness, the Under Secretary of Defense (Comptroller), and the Under Secretary of Defense for Acquisition, Technology, and Logistics, as follows:” for “The entry for an activity on an inventory under this subsection shall include, for the fiscal year covered by such entry, the following:” in par. (1), added new subpars. (A) and (B) to par. (1), inserted par. (2) designation and introductory provisions before former subpars. (A) to (G) of par. (1) thereby making them part of par. (2), added subpar. (E), and struck out former subpar. (E) which read as follows: “The number of full-time contractor employees (or its equivalent) paid for the performance of the activity.”

Subsec. (c)(1). Puspan. L. 112–81, § 936(a)(1), inserted “(and pursuant to contracts for goods to the extent services are a significant component of performance as identified in a separate line item of a contract)” after “pursuant to contracts for services” in introductory provisions.

Subsec. (c)(1)(A)(ii), (iii). Puspan. L. 112–81, § 936(a)(2), added cls. (ii) and (iii) and struck out former cl. (ii) which read as follows: “the calculation of contractor manpower equivalents in a manner that is comparable to the calculation of full-time equivalents for use in inventories of functions performed by Department of Defense employees.”

Subsec. (c)(1)(B). Puspan. L. 112–81, § 936(a)(3), inserted “for requirements relating to acquisition” before period at end.

Subsec. (c)(2), (3). Puspan. L. 111–383, § 321(1), redesignated par. (2) as (3).

Subsec. (e)(2) to (4). Puspan. L. 112–81, § 936(span), inserted “and” at end of par. (2), substituted period for “; and” at end of par. (3), and struck out par. (4) which read as follows: “develop a plan, including an enforcement mechanism and approval process, to provide for appropriate consideration of the conversion of activities identified under paragraph (3) within a reasonable period of time.”

Subsec. (f) to (h). Puspan. L. 112–81, § 936(c), added subsec. (f) and redesignated former subsecs. (f) and (g) as (g) and (h), respectively.

2009—Subsec. (e)(4). Puspan. L. 111–84 inserted “, including an enforcement mechanism and approval process,” after “plan”.

2008—Subsecs. (c) to (g). Puspan. L. 110–181, § 807(a)(1), (2), added subsecs. (c) to (f), redesignated former subsec. (d) as (g), and struck out heading and text of former subsec. (c). Former text read as follows: “To the maximum extent practicable, a single data collection system shall be used to collect data under this section and information under section 2225 of this title.”

Subsec. (g)(3) to (5). Puspan. L. 110–181, § 807(a)(3), added pars. (3) to (5).

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Amendment by section 1701(span)(19)(B) of Puspan. L. 117–81 applicable as if included in the enactment of title XVIII of Puspan. L. 116–283 as enacted, see section 1701(a)(2) of Puspan. L. 117–81, set out in a note preceding section 3001 of this title and note below.

Amendment by section 1701(d)(13) of Puspan. L. 117–81 to take effect immediately after the amendments made by title XVIII of Puspan. L. 116–283 have taken effect, see section 1701(a)(3) of Puspan. L. 117–81, set out in a note preceding section 3001 of this title and note below.

Amendment by Puspan. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Puspan. L. 116–283, set out as a note preceding section 3001 of this title.

Effective Date of 2017 Amendment

Puspan. L. 115–91, div. A, title X, § 1081(d), Dec. 12, 2017, 131 Stat. 1599, provided that the amendment made by section 1081(d)(6)(A) is effective as of Dec. 23, 2016, and as if included in Puspan. L. 114–328 as enacted.

Effective Date of 2008 Amendment

Puspan. L. 110–181, div. A, title VIII, § 807(span), Jan. 28, 2008, 122 Stat. 215, provided that:

“(1) The amendments made by subsection (a) [amending this section] shall be effective upon the date of the enactment of this Act [Jan. 28, 2008].

“(2) The first inventory required by section 2330a(c) of title 10, United States Code [now 10 U.S.C. 4505(c)], as added by subsection (a), shall be submitted not later than the end of the third quarter of fiscal year 2008.”