§3709 — Title 10 Armed Forces | U.S. Code

Summary

Create a program to speed up contracting and pricing for Department of Defense contracts over $50,000,000. The program must decide if prices are fair using actual cost and pricing data from DoD purchases of the same or similar items. It must also reduce how much cost and pricing data contractors must provide. The Secretary must run this through the Under Secretary for Acquisition and Sustainment and give senior contracting officials (senior contracting leaders) enough authority to carry out the program. The program cannot favor any contract type or special requirements, and military department heads must not have extra reporting duties to the Under Secretary about it.

Title 10, §3709

Armed Forces — Source: USLM XML via OLRC

(a)The Secretary of Defense shall establish a program to reform and accelerate the contracting and pricing processes associated with contracts in excess of $50,000,000 by—

(1)basing price reasonableness determinations on actual cost and pricing data for purchases of the same or similar products for the Department of Defense; and

(2)reducing the cost and pricing data to be submitted in accordance with this chapter.

(b)The Secretary, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall ensure that each senior contracting official (as defined in section 1737 of this title) for a contract described in subsection (a) has the discretion to implement the program under this section efficiently and effectively by ensuring the following:

(1)That the program does not include any preferences for contract type or specific contract requirements.

(2)That each Secretary of a military department has no unique reporting requirements to the Under Secretary of Defense for Acquisition and Sustainment with respect to the program.

Notes & Related Subsidiaries

Editorial Notes

Codification Section is based on Pub. L. 115–232, div. A, title VIII, § 890, Aug. 13, 2018, 132 Stat. 1919, as amended by Pub. L. 116–92, div. A, title VIII, § 825, Dec. 20, 2019, 133 Stat. 1491; Pub. L. 116–283, div. A, title XVIII, § 1831(j)(7), Jan. 1, 2021, 134 Stat. 4217; Pub. L. 117–263, div. A, title VIII, § 818, Dec. 23, 2022, 136 Stat. 2708; Pub. L. 118–31, div. A, title VIII, § 841, Dec. 22, 2023, 137 Stat. 339, which was formerly set out as a note preceding section 3701 of this title before being transferred to this chapter and renumbered as this section by Pub. L. 119–60, div. A, title VIII, § 812(c)(1), Dec. 18, 2025, 139 Stat. 952.

Amendments

2025—Pub. L. 119–60, § 812(c)(2)(A), (B), struck out “Pilot” before “program” in section catchline and “pilot” before “program” wherever appearing in text. Subsec. (a)(2). Pub. L. 119–60, § 812(c)(2)(C), substituted “this chapter” for “chapter 271 of title 10, United States Code”. Subsec. (b). Pub. L. 119–60, § 812(c)(2)(D)(i), substituted “section 1737 of this title” for “section 1737 of title 10, United States Code” in introductory provisions. Subsec. (b)(2). Pub. L. 119–60, § 812(c)(2)(D)(ii), substituted “no unique reporting” for “minimal reporting”. Subsecs. (c), (d). Pub. L. 119–60, § 812(c)(2)(E), struck out subsecs. (c) and (d), which, respectively, required submission of report on pilot program and provided that pilot program would expire on Jan. 2, 2028.

§3709 Program to accelerate contracting and pricing processes

Summary

Title 10, §3709

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata