§3063. Covered agencies — Inbound Citations

Citations to 10 U.S.C. § 3063 as a whole

• 10 U.S.C. § 3064(a)

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  (a) Any provision of this part that is a chapter 137 legacy provision applies to the procurement by any of the agencies named in section 3063 of this title, for its use or otherwise, of all property (other than land) and all services for which payment is to be made from appropriated funds.
• 10 U.S.C. § 3066

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  Subject to section 3065 of this title, to facilitate the procurement of property and services covered by any provision of this part that is a chapter 137 legacy provision by each agency named in section 3063 of this title for any other agency, and to facilitate joint procurement by those agencies—
• 10 U.S.C. § 3068(a)

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  (a) Sections 6101 and 6304 of title 41 do not apply to the procurement or sale of property or services by the agencies named in section 3063 of this title.
• 10 U.S.C. § 3134(a)

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  (a) Appropriations available for procurement by an agency named in section 3063 of this title may, through administrative allotment, be made available for obligation for procurement by any other agency in amounts authorized by the head of the allotting agency and without transfer of funds on the books of the Department of the Treasury.
• 10 U.S.C. § 3201(e)(1)

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  (1) It is the policy of Congress that an agency named in section 3063 of this title should not be required by legislation to award a new contract to a specific non-Federal Government entity. It is further the policy of Congress that any program, project, or technology identified in legislation be procured through merit-based selection procedures.
• 10 U.S.C. § 3201(e)(4)

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  (4) This subsection shall not apply with respect to any contract that calls upon the National Academy of Sciences to investigate, examine, or experiment upon any subject of science or art of significance to an agency named in section 3063 of this title and to report on such matters to the Congress or any agency of the Federal Government.
• 10 U.S.C. § 3242(a)(1)

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  (1) An agency referred to in section 3063 of this title shall procure supplies in such quantity as—

  (A) will result in the total cost and unit cost most advantageous to the United States, where practicable; and

  (B) does not exceed the quantity reasonably expected to be required by the agency.
• 10 U.S.C. § 3249

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  Each advocate for competition designated pursuant to section 1705(a) of title 41 for an agency named in section 3063 of this title shall be a general or flag officer if a member of the armed forces or in a position classified above GS–15 pursuant to section 5108 of title 5, if a civilian employee and shall be designated to serve for a minimum of two years.
• 10 U.S.C. § 3309(b)

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  (b) Except as provided in subsection (c), a proposal in the possession or control of an agency named in section 3063 of this title may not be made available to any person under section 552 of title 5.
• 10 U.S.C. § 3571(a)

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  (a) For purposes of acquisitions by agencies named in section 3063 of this title, the simplified acquisition threshold is as specified in section 134 of title 41.
• 10 U.S.C. § 3572

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  The simplified acquisition procedures contained in the Federal Acquisition Regulation pursuant to section 1901 of title 41 shall apply as provided in such section to the agencies named in section 3063 of this title.
• 10 U.S.C. § 3772(a)

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  (a) Regulations prescribed under section 3771 of this title shall require that, whenever practicable, a contract for supplies or services entered into by an agency named in section 3063 of this title contain appropriate provisions relating to technical data, including provisions—

  (1) defining the respective rights of the United States and the contractor or subcontractor (at any tier) regarding any technical data to be delivered under the contract and providing that, in the case of a contract for a commercial product, the product shall be presumed to be developed at private expense unless shown otherwise in accordance with section 3784;

  (2) specifying the technical data, if any, to be delivered under the contract and delivery schedules for such delivery;

  (3) establishing or referencing procedures for determining the acceptability of technical data to be delivered under the contract;

  (4) establishing separate contract line items for the technical data, if any, to be delivered under the contract;

  (5) to the maximum practicable extent, identifying, in advance of delivery, technical data which is to be delivered with restrictions on the right of the United States to use such data;

  (6) requiring the contractor—

  (A) to revise any technical data delivered under the contract to reflect engineering design changes made during the performance of the contract and affecting the form, fit, and function of the items specified in the contract; and

  (B) to deliver such revised technical data to an agency within a time specified in the contract;

  (7) establishing remedies to be available to the United States when technical data required to be delivered or made available under the contract is found—

  (A) to be incomplete or inadequate; or

  (B) to not satisfy the requirements of the contract concerning technical data;

  (8) authorizing the head of the agency to withhold payments under the contract (or exercise such other remedies as the head of the agency considers appropriate) during any period if the contractor does not meet the requirements of the contract pertaining to the delivery of technical data;

  (9) providing that, in addition to technical data that is already subject to a contract delivery requirement, the United States may require, until the date occurring six years after acceptance of the last item (other than technical data) under a contract or the date of contract termination, whichever is later, the delivery of technical data that has been generated in the performance of the contract, and compensate the contractor only for reasonable costs incurred for having converted and delivered the data in the required form, upon a determination that—

  (A) the technical data is needed for the purpose of reprocurement, sustainment, modification, or upgrade (including through competitive means) of a major system or subsystem thereof, a weapon system or subsystem thereof, or any noncommercial product or process; and

  (B) the technical data—

  (i) pertains to an item or process developed in whole or in part with Federal funds; or

  (ii) is described in paragraphs (4)(A)(ii), (6), and (7) of section 3771(b) of this title; and

  (10) providing that the United States is not foreclosed from requiring the delivery of the technical data by a failure to challenge, in accordance with the requirements of section 3782 of this title, the contractor’s assertion of a use or release restriction on the technical data.
• 10 U.S.C. § 3806(j)

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  (j) This section applies to the agencies named in paragraphs (1), (2), (3), (4), and (6) of section 3063 of this title.
• 10 U.S.C. § 3862(b)

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  (b) In the case of a contract of an agency named in section 3063 of this title, no provision of a law enacted after September 30, 1994, that directs the payment of a particular claim under such contract, a particular request for equitable adjustment to any term of such contract, or a particular request for relief under Public Law 85–804 (50 U.S.C. 1431 et seq.) regarding such contract may be implemented unless such provision of law—

  (1) specifically refers to this subsection; and

  (2) specifically states that this subsection does not apply with respect to the payment directed by that provision of law.
• 10 U.S.C. § 4024(a)

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  (a) It is the policy of Congress that an agency named in section 3063 of this title should not be required by legislation to award a new grant for research, development, test, or evaluation to a non-Federal Government entity. It is further the policy of Congress that any program, project, or technology identified in legislation be awarded through merit-based selection procedures.
• 10 U.S.C. § 4024(d)

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  (d) This section shall not apply with respect to any grant that calls upon the National Academy of Sciences to investigate, examine, or experiment upon any subject of science or art of significance to an agency named in section 3063 of this title and to report on such matters to the Congress or any agency of the Federal Government.
• 10 U.S.C. § 4701(g)(1)

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  (1) The term “agency” means an agency named in section 3063 of this title.
• 40 U.S.C. § 113(e)(3)

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  (3) an executive agency named in section 3063 of title 10, and the head of the agency, with respect to the administration of the provisions of that title referred to in section 3016 of such title as “chapter 137 legacy provisions”;