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Current as of January 01, 2024 | Updated by Findlaw Staff
(a) Limitation.--The head of an agency may enter into a contract for the performance of acquisition functions closely associated with inherently governmental functions only if the contracting officer for the contract ensures that--
(1) appropriate military or civilian personnel of the Department of Defense cannot reasonably be made available to perform the functions;
(2) appropriate military or civilian personnel of the Department of Defense are--
(A) to supervise contractor performance of the contract; and
(B) to perform all inherently governmental functions associated with the functions to be performed under the contract; and
(3) the agency addresses any potential organizational conflict of interest of the contractor in the performance of the functions under the contract, consistent with subpart 9.5 of part 9 of the Federal Acquisition Regulation and the best interests of the Department of Defense.
(b) Definitions.--In this section:
(1) The term “head of an agency” does not include the Secretary of Homeland Security or the Administrator of the National Oceanic and Atmospheric Administration.
(2) The term “inherently governmental functions” has the meaning given such term in subpart 7.5 of part 7 of the Federal Acquisition Regulation.
(3) The term “functions closely associated with inherently governmental functions” means the functions described in section 7.503(d) of the Federal Acquisition Regulation.
(4) The term “organizational conflict of interest” has the meaning given such term in subpart 9.5 of part 9 of the Federal Acquisition Regulation.
Cite this article: FindLaw.com - 10 U.S.C. § 4508 - U.S. Code - Unannotated Title 10. Armed Forces § 4508. Contractor performance of acquisition functions closely associated with inherently governmental functions - last updated January 01, 2024 | https://codes.findlaw.com/us/title-10-armed-forces/10-usc-sect-4508/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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