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

Summary

Create a program to reform and speed up contracting and pricing for contracts over $50,000,000. The program must judge if a price is fair by using real DoD cost and price data from buying the same or similar items, and it must reduce how much cost and pricing paperwork contractors must submit under this law. The Secretary, through the Under Secretary of Defense for Acquisition and Sustainment, must let each senior contracting official (a designated top contracting manager) run the program efficiently. The program must not favor any contract type or specific contract terms, and each military department head must not face extra reporting requirements to the Under Secretary about the program.

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