Title 10 — Armed ForcesRelease 119-73
§7540 Architectural and engineering services
Title 10 › Subtitle Subtitle B— - Army › Part PART IV— - SERVICE, SUPPLY, AND PROCUREMENT › Chapter CHAPTER 763— - PROCUREMENT › § 7540
Summary
Secretary may hire outside architects/engineers to prepare designs and specs for works when needed for national defense and facilities are inadequate. Fee cap: 10% of Secretary’s estimate. Sections 305, 3324, and 7204 and parts of title 5 (chapter 51; subchapters III, IV, VI of chapter 53) do not apply.
Full Legal Text
Title 10, §7540
Armed Forces — Source: USLM XML via OLRC
(a)Whenever he considers that it is advantageous to the national defense and that existing facilities of the Department of the Army are inadequate, the Secretary of the Army 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)section 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.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large) 4540(a)5:221 (1st sentence, less last 15 words).Aug. 7, 1939, ch. 511, § 2, 53 Stat. 1240. 4540(b)5:221 (less 1st sentence). 4540(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”. 2018—Pub. L. 115–232 renumbered section 4540 of this title as this section. 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 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 “section 305, 3324, 5101–5115, 5331–5338, 5341, 5342, and 7154 of title 5” for “section 1071–1153 of title 5”.
Statutory Notes and Related Subsidiaries
Effective Date
of 2018 AmendmentAmendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of
Amendments
and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
Effective Date
of 1980 AmendmentAmendment 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 AmendmentAmendment 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.
Reference
Citations & Metadata
Citation
10 U.S.C. § 7540
Title 10 — Armed Forces
Last Updated
Apr 6, 2026
Release point: 119-73