Title 10Armed ForcesRelease 119-73

§3154 Contingency contracting matters covered

Title 10 › Subtitle Subtitle A— - General Military Law › Part PART V— - ACQUISITION › Subpart Subpart A— - General › Chapter CHAPTER 209— - OPERATIONAL CONTRACT SUPPORT › Subchapter SUBCHAPTER I— - JOINT POLICIES ON REQUIREMENTS DEFINITION, CONTINGENCY PROGRAM MANAGEMENT, AND CONTINGENCY CONTRACTING › § 3154

Last updated Apr 6, 2026|Official source

Summary

Requires the military to create a single joint policy for contingency contracting and explains what that policy must do. Each military department must name a senior officer or a senior executive service civilian to run the policy. A senior commissioned officer with acquisition experience must be put in charge of contingency contracting during combat, post‑conflict, and other contingency operations and must report directly to the commander of the combatant command covering the area where the operations happen. The policy must include a sourcing plan so each department can handle contracting in combat, post‑conflict, and stabilization and reconstruction missions that may involve other agencies. The policy must also require training (including a program to be created by the Defense Acquisition University) covering four areas: use of the laws, rules, and orders that apply to contingency contracting; how to use rapid acquisition methods (including exceptions to competition under sections 3201 through 3205, sealed bidding, letter contracts, indefinite delivery‑indefinite quantity task orders, section 8(a) set‑asides under the Small Business Act (15 U.S.C. 637(a)), undefinitized contract actions, and other fast tools); use of rapid acquisition authority and commanders’ emergency response program funds; and how to move quickly from rapid buying to full and open competition to increase transparency. The policy must keep personnel trained even when they are not deployed and must take steps to ensure joint and cross‑service coordination. To the extent practicable, the policy should be used when making interagency plans for stabilization and reconstruction, consistent with the President’s report under section 1035 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2388).

Full Legal Text

Title 10, §3154

Armed Forces — Source: USLM XML via OLRC

(a)The joint policy for contingency contracting required by section 3151 of this title shall, at a minimum, provide for the following:
(1)The designation of a senior commissioned officer or civilian member of the senior executive service in each military department with the responsibility for administering the policy.
(2)The assignment of a senior commissioned officer with appropriate acquisition experience and qualifications to act as head of contingency contracting during combat operations, post-conflict operations, and contingency operations, who shall report directly to the commander of the combatant command in whose area of responsibility the operations occur.
(3)A sourcing approach to contingency contracting that is designed to ensure that each military department is prepared to conduct contingency contracting during combat operations, post-conflict operations, and contingency operations, including stabilization and reconstruction operations involving interagency organizations, if required.
(4)A requirement to provide training (including training under a program to be created by the Defense Acquisition University) to contingency contracting personnel in—
(A)the use of law, regulations, policies, and directives related to contingency contracting operations;
(B)the appropriate use of rapid acquisition methods, including the use of exceptions to competition requirements under sections 3201 through 3205 of this title, sealed bidding, letter contracts, indefinite delivery-indefinite quantity task orders, set asides under section 8(a) of the Small Business Act (15 U.S.C. 637(a)), undefinitized contract actions, and other tools available to expedite the delivery of goods and services during combat operations or post-conflict operations;
(C)the appropriate use of rapid acquisition authority, commanders’ emergency response program funds, and other tools unique to contingency contracting; and
(D)instruction on the necessity for the prompt transition from the use of rapid acquisition authority to the use of full and open competition and other methods of contracting that maximize transparency in the acquisition process.
(5)Appropriate steps to ensure that training is maintained for such personnel even when they are not deployed in a contingency operation.
(6)Such steps as may be needed to ensure jointness and cross-service coordination in the area of contingency contracting.
(b)To the extent practicable, the joint policy for contingency contracting required by section 3151 of this title should be taken into account in the development of interagency plans for stabilization and reconstruction operations, consistent with the report submitted by the President under section 1035 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2388) on interagency operating procedures for the planning and conduct of stabilization and reconstruction operations.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 1035 of the John Warner National Defense Authorization Act for Fiscal Year 2007, referred to in subsec. (b), is section 1035 of Pub. L. 109–364, div. A, title X, Oct. 17, 2006, 120 Stat. 2388, which is not classified to the Code. Codification The text of subsec. (d) of section 2333 of this title, which was transferred to this section and amended by Pub. L. 116–283, § 1810(b)(4), (c), was based on Pub. L. 109–364, div. A, title VIII, § 854(a)(1), Oct. 17, 2006, 120 Stat. 2343 Pub. L. 111–84, div. A, title X, § 1073(a)(23)(A), (B), Oct. 28, 2009, 123 Stat. 2473.

Amendments

2021—Subsec. (a). Pub. L. 116–283, § 1810(b)(4)(A), (C), (D), substituted “In General” for “Contingency Contracting Matters Covered” in heading and “section 3151 of this title” for “subsection (a)” in introductory provisions, struck out par. (1) designation at beginning, redesignated subpars. (A) to (F) as pars. (1) to (6), respectively, and, in par. (4), redesignated cls. (i) to (iv) as subpars. (A) to (D), respectively. Former par. (2) redesignated subsec. (b). Pub. L. 116–283, § 1810(b)(4), redesignated subsec. (d) of section 2333 of this title as subsec. (a) of this section. Subsec. (a)(4)(B). Pub. L. 116–283, § 1810(c), substituted “sections 3201 through 3205” for “section 2304”. Subsec. (b). Pub. L. 116–283, § 1810(b)(4)(B), (C), redesignated par. (2) of subsec. (a) as subsec. (b), inserted heading, and substituted “section 3151 of this title” for “subsection (a)”.

Statutory Notes and Related Subsidiaries

Effective Date

Section and 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 an

Effective Date

of 2021 Amendment note preceding section 3001 of this title.

Reference

Citations & Metadata

Citation

10 U.S.C. § 3154

Title 10Armed Forces

Last Updated

Apr 6, 2026

Release point: 119-73