
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC2410l]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
            CHAPTER 141--MISCELLANEOUS PROCUREMENT PROVISIONS
 
Sec. 2410l. Contracts for advisory and assistance services: cost 
        comparison studies
        
    (a) Requirement.--(1)(A) Before the Secretary of Defense enters into 
a contract described in subparagraph (B), the Secretary shall determine 
whether Department of Defense personnel have the capability to perform 
the services proposed to be covered by the contract.
    (B) Subparagraph (A) applies to any contract of the Department of 
Defense for advisory and assistance services that is expected to have a 
value in excess of $100,000.
    (2) If the Secretary determines that Department of Defense personnel 
have the capability to perform the services to be covered by the 
contract, the Secretary shall conduct a study comparing the cost of 
performing the services with Department of Defense personnel and the 
cost of performing the services with contractor personnel.
    (b) Waiver.--The Secretary of Defense may, pursuant to guidelines 
prescribed by the Secretary, waive the requirement to perform a cost 
comparison study under subsection (a)(2) based on factors that are not 
related to cost.

(Added Pub. L. 103-337, div. A, title III, Sec. 363(a)(1), Oct. 5, 1994, 
108 Stat. 2733.)


                             Effective Date

    Section 363(c) of Pub. L. 103-337 provided that: ``Section 2410l of 
title 10, United States Code, as added by subsection (a), shall take 
effect 180 days after the date of the enactment of this Act [Oct. 5, 
1994].''


                    Procedures for Conduct of Studies

    Section 363(b) of Pub. L. 103-337 provided that: ``The Secretary of 
Defense shall prescribe the following procedures:
        ``(1) Procedures for carrying out a cost comparison study under 
    subsection (a)(2) of section 2410l of title 10, United States Code, 
    as added by subsection (a), which may contain a requirement that the 
    cost comparison study include consideration of factors that are not 
    related to cost, including the quality of the service required to be 
    performed, the availability of Department of Defense personnel, the 
    duration and recurring nature of the services to be performed, and 
    the consistency of the workload.
        ``(2) Procedures for reviewing contracts entered into after a 
    waiver under subsection (b) of such section to determine whether the 
    contract is justified and sufficiently documented.''
