
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 801(g)(1)]
[CITE: 10USC2331]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
                   CHAPTER 137--PROCUREMENT GENERALLY
 
Sec. 2331. Contracts for professional and technical services

    (a) In General.--The Secretary of Defense shall prescribe 
regulations to ensure, to the maximum extent practicable, that 
professional and technical services are acquired on the basis of the 
task to be performed rather than on the basis of the number of hours of 
services provided.
    (b) Content of Regulations.--With respect to contracts to acquire 
services on the basis of the number of hours of services provided, the 
regulations described in subsection (a) shall--
        (1) include standards and approval procedures to minimize the 
    use of such contracts;
        (2) establish criteria to ensure that proposals for contracts 
    for technical and professional services are evaluated on a basis 
    which does not encourage contractors to propose uncompensated 
    overtime;
        (3) ensure appropriate emphasis on technical and quality factors 
    in the source selection process;
        (4) require identification of any hours in excess of 40-hour 
    weeks included in a proposal;
        (5) ensure that offerors are notified that proposals which 
    include unrealistically low labor rates or which do not otherwise 
    demonstrate cost realism will be considered in a risk assessment and 
    evaluated appropriately; and
        (6) provide guidance to contracting officers to ensure that any 
    use of uncompensated overtime will not degrade the level of 
    technical expertise required to perform the contract.

(Added Pub. L. 101-510, div. A, title VIII, Sec. 834(a)(1), Nov. 5, 
1990, 104 Stat. 1613; amended Pub. L. 102-25, title VII, Sec. 701(a), 
Apr. 6, 1991, 105 Stat. 113; Pub. L. 103-355, title I, Sec. 1004(c), 
Oct. 13, 1994, 108 Stat. 3253.)


                            Prior Provisions

    A prior section 2331 was renumbered section 2350 of this title.


                               Amendments

    1994--Subsec. (c). Pub. L. 103-355 struck out text and heading of 
subsec. (c). Text read as follows:
    ``(1) The Secretary of Defense may waive the limitation in section 
2304(j)(4) of this title on the total value of task orders for specific 
contracting activities to the extent the Secretary considers the use of 
master agreements necessary in order to further the policy set forth in 
subsection (a).
    ``(2) During any fiscal year, such a waiver may not increase the 
total value of task orders under master agreements of a contracting 
activity by more than 20 percent of the value of all contracts for 
advisory and assistance services awarded by that contracting activity 
during fiscal year 1989.
    ``(3) Such a waiver shall not become effective until 60 days after 
the Secretary of Defense has published notice thereof in the Federal 
Register.''
    1991--Subsec. (c)(1). Pub. L. 102-25 struck out ``on a case-by-case 
basis'' after ``value of task orders'', substituted ``considers the use 
of master agreements necessary'' for ``considers necessary the use of 
master agreements'', and struck out ``of this section'' before period at 
end.


                    Effective Date of 1994 Amendment

    For effective date and applicability of amendment by Pub. L. 103-
355, see section 10001 of Pub. L. 103-355, set out as a note under 
section 251 of Title 41, Public Contracts.


                               Regulations

    Section 834(b) of Pub. L. 101-510 provided that: ``Not later than 
180 days after the date of the enactment of this Act [Nov. 5, 1990], the 
Secretary of Defense shall publish for public comment new regulations to 
carry out the requirements in this section [enacting this section]. The 
Secretary shall promulgate final regulations to carry out such 
requirements not later than 270 days after the date of the enactment of 
this Act.''


               Provisions Not Affected by Pub. L. 103-355

    Repeal of subsec. (c) of this section by Pub. L. 103-355 not to be 
construed as modifying or superseding, or as intended to impair or 
restrict, authorities or responsibilities under former section 759 of 
Title 40, Public Buildings, Property, and Works, or subchapter VI 
(Sec. 541 et seq.) of chapter 10 of Title 40, see section 1004(d) of 
Pub. L. 103-355, set out as a note under section 2304a of this title.
