CHAPTER 963—PROCUREMENT

        

Editorial Notes

Amendments

2018—Pub. L. 115–232, div. A, title VIII, §806(d)(1), Aug. 13, 2018, 132 Stat. 1833, redesignated chapter 933 of this title as this chapter.

1993—Pub. L. 103–160, div. A, title VIII, §828(a)(9), Nov. 30, 1993, 107 Stat. 1713, struck out items 9531, "Authorization", 9534, "Subsistence supplies: contract stipulations; place of delivery on inspection", 9535, "Exceptional subsistence supplies: purchases without advertising", 9537, "Military surveys and maps: assistance of United States mapping agencies", 9538, "Unserviceable ammunition: exchange and reclamation", and 9541, "Gratuitous services of officers of the Air Force Reserve".

1982—Pub. L. 97–258, §2(b)(13)(A), Sept. 13, 1982, 96 Stat. 1058, added item 9541.

Statutory Notes and Related Subsidiaries

Pilot Program To Commercialize Prototypes of the Department of the Air Force

Pub. L. 118–31, div. A, title II, §230, Dec. 22, 2023, 137 Stat. 202, provided that:

"(a) In General.—Not later than one year after the date of the enactment of this Act [Dec. 22, 2023], the Secretary of the Air Force, acting through the Assistant Secretary of the Air Force for Acquisition, Technology, and Logistics, shall carry out a pilot program under which the Secretary identifies prototypes under development by the Department of the Air Force that have the potential to be developed into commercial products and provides support to qualified entities to carry out projects to commercialize such prototypes.

"(b) Form of Support.—The support provided to a qualified entity under subsection (a) may include the award of—

"(1) a grant;

"(2) a contract or other agreement; or

"(3) such other form of support as the Secretary of the Air Force determines appropriate.

"(c) Amount.—The total value of support awarded to a qualified entity under this section may not exceed $10,000,000.

"(d) Funding.—The Secretary of the Air Force shall carry out the pilot program under this section using funds designated as budget activity 6 (RDT&E management support) or budget activity 4 (Advanced Component Development and Prototypes) as those budget activity classifications are set forth in volume 2B, chapter 5 of the Department of Defense Financial Management Regulation (DOD 7000.14-R).

"(e) Application.—

"(1) In general.—A qualified entity that seeks an award of support under this section shall submit an application to the Secretary of the Air Force at such time, in such manner, and containing such information as the Secretary may require.

"(2) Contents.—As part of the application required under paragraph (1), a qualified entity shall—

"(A) outline measures the entity will implement to give the Department of Defense purchasing priority when supply chain issues are a factor;

"(B) certify that the entity will, with respect to the export of any such product, comply with—

"(i) International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations (or any successor regulations); and

"(ii) any other applicable export restrictions; and

"(C) acknowledge that the entity may seek advice and assistance from the Department of the Air Force and the Department of State in the event that the export restrictions applicable to a commercial product developed with support under this section—

"(i) are more restrictive than the export restrictions applicable to the component technologies that comprise the product; and

"(ii) are expected to unnecessarily impede the ability to make the product commercially available outside the United States.

"(f) Briefing.—Not later than December 31, 2024, the Assistant Secretary of the Air Force for Acquisition, Technology, and Logistics shall provide to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a briefing on the implementation of the pilot program under this section and any related policy issues.

"(g) Notice to Congress.—Not later than 30 days after each instance in which the Assistant Secretary of the Air Force for Acquisition, Technology, and Logistics awards support to a qualified entity under this section, the Assistant Secretary shall submit to the congressional defense committees notice of such award.

"(h) Termination.—The pilot program under this section shall terminate on the date that is five years after the date of the enactment of this Act.

"(i) Definitions.—In this section:

"(1) The term 'commercialize', when used with respect to a prototype, means to transition a prototype into a commercial product.

"(2) The term 'commercial product' has the meaning given that term in section 103 of title 41, United States Code.

"(3) The term 'qualified entity' means an individual or entity the Secretary of the Air Force determines to be qualified to participate in the pilot program under this section."

Authorization To Establish Technology Transition Program for Strategic Nuclear Deterrence

Pub. L. 118–31, div. A, title XVI, §1639, Dec. 22, 2023, 137 Stat. 594, provided that:

"(a) In General.—The Commander of Air Force Global Strike Command may, through the use of a partnership intermediary, establish a program—

"(1) to carry out technology transition, digital engineering projects, and other innovation activities supporting the Air Force nuclear enterprise; and

"(2) to identify capabilities for the Air Force nuclear enterprise that have the potential to generate life-cycle cost savings and provide data-driven approaches to resource allocation.

"(b) Termination.—The program established under subsection (a) shall terminate on September 30, 2029.

"(c) Partnership Intermediary Defined.—In this section, term 'partnership intermediary' has the meaning given that term in section 23(c) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3715(c))."

Digital Transformation Commercial Software Acquisition

Pub. L. 117–263, div. A, title I, §153, Dec. 23, 2022, 136 Stat. 2457, provided that:

"(a) Procurement Authority.—The Secretary of the Air Force may enter into one or more contracts for the procurement of commercial digital engineering and software tools to meet the digital transformation goals and objectives of the Department of the Air Force.

"(b) Inclusion of Program Element in Budget Materials.—In the materials submitted by the Secretary of the Air Force in support of the budget of the President for fiscal year 2024 (as submitted to Congress pursuant to section 1105 of title 31, United States Code), the Secretary shall include a program element dedicated to the procurement and management of the commercial digital engineering and software tools described in subsection (a).

"(c) Review.—In carrying out subsection (a), the Secretary of the Air Force shall—

"(1) review the market for commercial digital engineering and software tools; and

"(2) conduct research on providers of commercial software capabilities that have the potential to expedite the progress of digital engineering initiatives across the weapon system enterprise, with a particular focus on capabilities that have the potential to generate significant life-cycle cost savings, streamline and accelerate weapon system acquisition, and provide data-driven approaches to inform investments by the Department of the Air Force.

"(d) Report.—Not later than March 1, 2023, the Secretary of the Air Force shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report that includes—

"(1) an analysis of specific digital engineering and software tool capability manufacturers that deliver high mission impact with broad reach into the weapon system enterprise of the Department of the Air Force; and

"(2) a prioritized list of programs and offices of the Department of the Air Force that could better utilize commercial digital engineering and software tools and opportunities for the implementation of such digital engineering and software tool capabilities within the Department."

Competitively Awarded Demonstrations and Tests of Electromagnetic Warfare Technology

Pub. L. 117–263, div. A, title II, §217, Dec. 23, 2022, 136 Stat. 2474, provided that:

"(a) Demonstrations and Tests Required.—Not later than 270 days after the date of the enactment of this Act [Dec. 23, 2022], the Director of the Air Force Rapid Capabilities Office, in coordination with the Air Force Life Cycle Management Center, shall select one or more qualified entities under competitive processes to conduct demonstrations and tests of commercial electronics technology to determine whether technology currently exists that could enable the following electromagnetic warfare capabilities:

"(1) The operation of multiple emitters and receivers in the same frequency at the same time and in the same location without mutual interference and without using adaptive beam forming or nulling.

"(2) Protecting the reception of Global Positioning System and other vulnerable low-power signals from multiple high-power jammers at a level that is significantly better than the protection afforded by controlled reception pattern antennas.

"(3) Simultaneous transmission from and reception of separate signals on the same platform wherein the signals lie in the same frequency and are transmitted and received at the same time without interference.

"(4) Capabilities similar those described in paragraphs (1) through (3) in a live, virtual constructive simulation environment.

"(5) Other capabilities that might satisfy or support needs set forth in the Electromagnetic Spectrum Superiority Strategy Implementation Plan released on August 5, 2021.

"(b) Oversight of Tests.—The Director of Operational Test and Evaluation shall—

"(1) provide oversight of the demonstrations and tests required by subsection (a);

"(2) review other applicable government or commercial demonstrations and tests; and

"(3) not later than 30 days after the completion of the demonstrations and tests under subsection (a), advise the Chief Information Officer of the Department of Defense, the Under Secretary of Defense for Research and Engineering, and the Under Secretary of Defense for Acquisition and Sustainment of the outcomes of the demonstrations and tests.

"(c) Outcome-based Actions Required.—If the Director of Operational Test and Evaluation and the Director of the Air Force Rapid Capabilities Office affirm that the demonstrations and tests under subsection (a) confirm that certain commercial electronics technology could enable one or more of the capabilities described in such subsection—

"(1) not later than 45 days after the conclusion of the tests under subsection (a), the Director of the Air Force Rapid Capabilities Office and the Director of Operational Test and Evaluation shall jointly provide to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a briefing on the outcomes of the tests;

"(2) the Director of the Air Force Rapid Capabilities Office may begin engineering form, fit, and function development and integration to incorporate technologies demonstrated and tested under subsection (a) into specific Department of Defense platforms and applications; and

"(3) not later than 90 days after the conclusion of the tests under subsection (a), the Director of the Air Force Rapid Capabilities Office, the Chief Information Officer, the Under Secretary of Defense for Research and Engineering, and the Under Secretary of Defense for Acquisition and Sustainment shall jointly provide to the congressional defense committees a briefing on any plans of the Department of Defense to further develop and deploy the technologies demonstrated and tested under subsection (a) to support the Electromagnetic Spectrum Superiority Strategy Implementation Plan released on August 5, 2021.

"(d) Competitiveness Requirements.—A decision to commit, obligate, or expend funds for the purposes outlined in this section shall be based on merit-based selection procedures in accordance with the requirements of sections 3201(e) and 4024 of title 10, United States Code, or on competitive procedures.

"(e) Commercial Electronics Technology Defined.—The term 'commercial electronics technology' means electronics technology that is—

"(1) a commercial component (as defined in section 102 of title 41, United States Code);

"(2) a commercial product (as defined in section 103 such title);

"(3) a commercial service (as defined in section 103a of such title); or

"(4) a commercially available off-the-shelf item (as defined in section 104 of such title)."

[§9531. Repealed. Pub. L. 103–160, div. A, title VIII, §823(2), Nov. 30, 1993, 107 Stat. 1707]

Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 575, authorized Secretary of the Air Force to procure aircraft and equipment and facilities necessary for the maintenance and operation of the Air Force.

§9532. Factories, arsenals, and depots: manufacture at

The Secretary of the Air Force may have supplies needed for the Department of the Air Force made in factories, arsenals, or depots owned by the United States, so far as those factories, arsenals, or depots can make those supplies on an economical basis.

(Aug. 10, 1956, ch. 1041, 70A Stat. 576.)

Historical and Revision Notes

Revised section	Source (U.S. Code)	Source (Statutes at Large)
9532	5:626–2(e).	Sept. 19, 1951, ch. 407, §101(e), 65 Stat. 327.

The word "made" is substituted for the words "manufactured or produced". The words "United States" are substituted for the word "Government".

[§§9534, 9535. Repealed. Pub. L. 103–160, div. A, title VIII, §823(4), (5), Nov. 30, 1993, 107 Stat. 1707]

Section 9534, act Aug. 10, 1956, ch. 1041, 70A Stat. 576, related to provisions in contracts for subsistence supplies.

Section 9535, act Aug. 10, 1956, ch. 1041, 70A Stat. 576, related to purchases without advertising of exceptional subsistence supplies.

§9536. Equipment: bakeries, schools, kitchens, and mess halls

Money necessary for the following items for the use of enlisted members of the Air Force or the Space Force may be spent from appropriations for regular supplies:

(1) Equipment for air base bakeries.

(2) Furniture, textbooks, paper, and equipment for air base schools.

(3) Tableware and mess furniture for kitchens and mess halls.

(Aug. 10, 1956, ch. 1041, 70A Stat. 576; Pub. L. 116–283, div. A, title IX, §923(e)(1), Jan. 1, 2021, 134 Stat. 3816.)

Historical and Revision Notes

Revised section	Source (U.S. Code)	Source (Statutes at Large)
9536	10:1334.	June 13, 1890, ch. 423 (1st proviso under "Quartermaster's De- partment"), 26 Stat. 152.

The words "Money necessary * * * may be spent" are substituted for the words "There may be expended * * * the amounts required". The word "bakeries" is substituted for the words "bake house to carry on post bakeries". The words "each and all" are omitted as surplusage.

Editorial Notes

Amendments

2021—Pub. L. 116–283 inserted "or the Space Force" after "the Air Force" in introductory provisions.

[§§9537, 9538. Repealed. Pub. L. 103–160, div. A, title VIII, §823(6), (7), Nov. 30, 1993, 107 Stat. 1707]

Section 9537, acts Aug. 10, 1956, ch. 1041, 70A Stat. 576; Nov. 2, 1966, Pub. L. 89–718, §8(a), 80 Stat. 1117; Dec. 12, 1980, Pub. L. 96–513, title V, §514(13), 94 Stat. 2936, related to assistance of United States mapping agencies in making and developing military surveys and maps.

Section 9538, acts Aug. 10, 1956, ch. 1041, 70A Stat. 576; Dec. 12, 1980, Pub. L. 96–513, title V, §514(14), 94 Stat. 2936, related to exchange and reclamation of unserviceable ammunition by Secretary of the Air Force.

§9540. Architectural and engineering services

(a) Whenever he considers that it is advantageous to the national defense and that existing facilities of the Department of the Air Force are inadequate, the Secretary of the Air Force may, by contract or otherwise, employ the architectural or engineering services of any person outside that Department for producing and delivering designs, plans, drawings, and specifications needed for any public works or utilities project of the Department.

(b) The fee for any service under this section may not be more than 10 percent of the estimated cost, as determined by the Secretary, of the project to which it applies.

(c) Sections 305, 3324, and 7204, chapter 51, and subchapters III, IV, and VI of chapter 53 of title 5 do not apply to employment under this section.

(Aug. 10, 1956, ch. 1041, 70A Stat. 577; Pub. L. 89–718, §28, Nov. 2, 1966, 80 Stat. 1119; Pub. L. 95–454, title VII, §703(c)(3), title VIII, §801(a)(3)(I), Oct. 13, 1978, 92 Stat. 1217, 1222; Pub. L. 96–513, title V, §514(15), Dec. 12, 1980, 94 Stat. 2936; Pub. L. 118–31, div. B, title XXVIII, §2881(c), Dec. 22, 2023, 137 Stat. 780.)

Historical and Revision Notes

Revised section	Source (U.S. Code)	Source (Statutes at Large)
9540(a)	5:221 (1st sentence, less last 15 words).	Aug. 7, 1939, ch. 511, §2, 53 Stat. 1240.
9540(b)	5:221 (less 1st sentence).
9540(c)	5:221 (last 15 words of 1st sentence).

In subsection (a), the words "and providing that in the opinion" are omitted as covered by the words "whenever he considers". The words "needed for" are substituted for the words "required for the accomplishment of".

In subsection (c), reference is made in substance to the Classification Act of 1949, instead of the Classification Act of 1923 referred to in the source statute, since section 1106(a) of the Classification Act of 1949, 63 Stat. 972, provides that all references in other acts to the Classification Act of 1923 should be considered to refer to the Classification Act of 1949.

Editorial Notes

Amendments

2023—Subsec. (b). Pub. L. 118–31 substituted "10 percent" for "6 percent".

1980—Subsec. (c). Pub. L. 96–513 substituted "and 7204, chapter 51, and subchapters III, IV, and VI of chapter 53 of title 5" for "5101–5115, 5331–5338, 5341, 5342, and 7204 of title 5 and subchapter VI of chapter 53 of such title 5".

1978—Subsec. (c). Pub. L. 95–454, §801(a)(3)(I), inserted reference to subchapter VI of chapter 53 of title 5.

Pub. L. 95–454, §703(c)(3), substituted "7204" for "7154".

1966—Subsec. (c). Pub. L. 89–718 substituted "Sections 305, 3324, 5101–5115, 5331–5338, 5341, 5342, and 7154 of title 5" for "Sections 1071–1153 of title 5".

Statutory Notes and Related Subsidiaries

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title.

Effective Date of 1978 Amendment

Amendment by section 703(c)(3) of Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of Title 5, Government Organization and Employees.

Amendment by section 801(a)(3)(I) of Pub. L. 95–454 effective on first day of first applicable pay period beginning on or after 90th day after Oct. 13, 1978, see section 801(a)(4) of Pub. L. 95–454, set out as an Effective Date note under section 5361 of Title 5.

[§9541. Repealed. Pub. L. 103–160, div. A, title VIII, §822(d)(2), Nov. 30, 1993, 107 Stat. 1707]

Section, added Pub. L. 97–258, §2(b)(13)(B), Sept. 13, 1982, 96 Stat. 1058, related to gratuitous services of officers of Air Force Reserve. See section 10212 of this title.