10 USC § 2311 - Assignment and delegation of procurement functions and responsibilities

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(a) In General.— Except to the extent expressly prohibited by another provision of law, the head of an agency may delegate, subject to his direction, to any other officer or official of that agency, any power under this chapter.

(b) Procurements For or With Other Agencies.— Subject to subsection (a), to facilitate the procurement of property and services covered by this chapter by each agency named in section 2303 of this title for any other agency, and to facilitate joint procurement by those agencies—

(1) the head of an agency may delegate functions and assign responsibilities relating to procurement to any officer or employee within such agency;

(2) the heads of two or more agencies may by agreement delegate procurement functions and assign procurement responsibilities from one agency to another of those agencies or to an officer or civilian employee of another of those agencies; and

(3) the heads of two or more agencies may create joint or combined offices to exercise procurement functions and responsibilities.

(c) Approval of Terminations and Reductions of Joint Acquisition Programs.—

(1) The Secretary of Defense shall prescribe regulations that prohibit each military department participating in a joint acquisition program approved by the Under Secretary of Defense for Acquisition, Technology, and Logistics from terminating or substantially reducing its participation in such program without the approval of the Under Secretary.

(2) The regulations shall include the following provisions:

(A) A requirement that, before any such termination or substantial reduction in participation is approved, the proposed termination or reduction be reviewed by the Joint Requirements Oversight Council of the Department of Defense.

(B) A provision that authorizes the Under Secretary of Defense for Acquisition, Technology, and Logistics to require a military department whose participation in a joint acquisition program has been approved for termination or substantial reduction to continue to provide some or all of the funding necessary for the acquisition program to be continued in an efficient manner.

Source

(Aug. 10, 1956, ch. 1041, 70A Stat. 132; Pub. L. 85–800, § 11,Aug. 28, 1958, 72 Stat. 967; Pub. L. 87–653, § 1(g),Sept. 10, 1962, 76 Stat. 529; Pub. L. 90–378, § 3,July 5, 1968, 82 Stat. 290; Pub. L. 97–86, title IX, §§ 907(c), 909 (f),Dec. 1, 1981, 95 Stat. 1117, 1120; Pub. L. 98–369, div. B, title VII, § 2726,July 18, 1984, 98 Stat. 1194; Pub. L. 98–525, title XII, § 1214,Oct. 19, 1984, 98 Stat. 2592; Pub. L. 98–577, title V, § 505,Oct. 30, 1984, 98 Stat. 3087; Pub. L. 103–355, title I, § 1503(a)(1),Oct. 13, 1994, 108 Stat. 3296; Pub. L. 107–107, div. A, title X, § 1048(b)(2),Dec. 28, 2001, 115 Stat. 1225.)

Historical and Revision Notes
Revised section	Source (U.S. Code)	Source (Statutes at Large)
2311	41:156(a) (less 1st sentence).
41:156(b).	Feb. 19, 1948, ch. 65, § 7(a) (less 1st sentence), (b), 62 Stat. 24.

The words “in his discretion and” and “including the making of such determinations and decisions” are omitted as surplusage. The words “except the power to make determinations and decisions” are substituted for the words “Except as provided in subsection (b) of this section” and “The power of the agency head to make the determinations or decisions specified in paragraphs (12)–(16) of section 151 (c) of this title and in section 154 (a) of this title shall not be delegable”.

Prior Provisions

Provisions similar to those in this section were contained in section 2308 of this title prior to repeal by Pub. L. 103–355, § 1503(b)(1).

Amendments

2001—Subsec. (c)(1), (2)(B). Pub. L. 107–107substituted “Under Secretary of Defense for Acquisition, Technology, and Logistics” for “Under Secretary of Defense for Acquisition and Technology”.

1994—Pub. L. 103–355substituted “Assignment and delegation of procurement functions and responsibilities” for “Delegation” as section catchline and amended text generally. Prior to amendment, text read as follows: “Except as provided in section 2304 (d)(2) of this title, the head of an agency may delegate, subject to his direction, to any other officer or official of that agency, any power under this chapter.”

1984—Pub. L. 98–577struck out “(a)” before “Except as provided in” and struck out subsec. (b) which related to delegation of authority by heads of procuring activities of agencies of certain functions.

Pub. L. 98–525designated existing provisions as subsec. (a) and added subsec. (b).

Pub. L. 98–369inserted provision relating to the exception provided in section 2304 (d)(2) of this title and struck out provision that the power to make determinations and decisions under cls. (11)–(16) of section 2304 (a) of this title could not be delegated, but that the power to make a determination or decision under section 2304 (a)(11) of this title could be delegated to any other officer of official of that agency who was responsible for procurement, and only for contracts requiring the expenditure of not more than $5,000,000.

1981—Pub. L. 97–86struck out in first sentence cl. (1) designation and cl. (2) relating to authorizing of contracts in excess of three years under section 2306 (g) of this title, and in second sentence substituted “$5,000,000” for “$100,000”.

1968—Pub. L. 90–378designated provisions after “the power to make determinations and decisions” as cl. (1) and added cl. (2).

1962—Pub. L. 87–653substituted “delegated to any other officer” for “delegated only to a chief officer” and “$100,000” for “$25,000”.

1958—Pub. L. 85–800struck out “, or section 2307 (a)” after “of section 2304 (a)” in first sentence.

Effective Date of 1994 Amendment

For effective date and applicability of amendment by Pub. L. 103–355, see section 10001 ofPub. L. 103–355, set out as a note under section 2302 of this title.

Effective Date of 1984 Amendment

Amendment by Pub. L. 98–369applicable with respect to any solicitation for bids or proposals issued after Mar. 31, 1985, see section 2751 ofPub. L. 98–369, set out as a note under section 2302 of this title.

Effective Date of 1962 Amendment

For effective date of amendment by Pub. L. 87–653, see section 1(h) ofPub. L. 87–653, set out as a note under section 2304 of this title.

The table below lists the classification updates, since Jan. 7, 2011, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.

The most recent Classification Table update that we have noticed was Friday, May 13, 2011

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10 USC	Description of Change	Session Year	Public Law	Statutes at Large

This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

32 CFR - Title 32—National Defense

32 CFR 272 - ADMINISTRATION AND SUPPORT OF BASIC RESEARCH BY THE DEPARTMENT OF DEFENSE

33 CFR - Title 33—Navigation and Navigable Waters

33 CFR 210 - PROCUREMENT ACTIVITIES OF THE CORPS OF ENGINEERS

48 CFR - Title 48—Federal Acquisition Regulations System

48 CFR 1 - FEDERAL ACQUISITION REGULATIONS SYSTEM

48 CFR 10 - MARKET RESEARCH

48 CFR 11 - DESCRIBING AGENCY NEEDS

48 CFR 12 - ACQUISITION OF COMMERCIAL ITEMS

48 CFR 13 - SIMPLIFIED ACQUISITION PROCEDURES

48 CFR 14 - SEALED BIDDING

48 CFR 15 - CONTRACTING BY NEGOTIATION

48 CFR 16 - TYPES OF CONTRACTS

48 CFR 17 - SPECIAL CONTRACTING METHODS

48 CFR 18 19

48 CFR 2 - DEFINITIONS OF WORDS AND TERMS

48 CFR 22 - APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS

48 CFR 23 - ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE ENERGY TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE

48 CFR 24 - PROTECTION OF PRIVACY AND FREEDOM OF INFORMATION

48 CFR 25 - FOREIGN ACQUISITION

48 CFR 26 - OTHER SOCIOECONOMIC PROGRAMS

48 CFR 27 - PATENTS, DATA, AND COPYRIGHTS

48 CFR 28 - BONDS AND INSURANCE

48 CFR 29 - TAXES

48 CFR 3 - IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST

48 CFR 30 - COST ACCOUNTING STANDARDS ADMINISTRATION

48 CFR 31 - CONTRACT COST PRINCIPLES AND PROCEDURES

48 CFR 32 - CONTRACT FINANCING

48 CFR 33 - PROTESTS, DISPUTES, AND APPEALS

48 CFR 34 - MAJOR SYSTEM ACQUISITION

48 CFR 35 - RESEARCH AND DEVELOPMENT CONTRACTING

48 CFR 36 - CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS

48 CFR 37 - SERVICE CONTRACTING

48 CFR 38 - FEDERAL SUPPLY SCHEDULE CONTRACTING

48 CFR 39 - ACQUISITION OF INFORMATION TECHNOLOGY

48 CFR 4 - ADMINISTRATIVE MATTERS

48 CFR 41 - ACQUISITION OF UTILITY SERVICES

48 CFR 42 - CONTRACT ADMINISTRATION AND AUDIT SERVICES

48 CFR 43 - CONTRACT MODIFICATIONS

48 CFR 44 - SUBCONTRACTING POLICIES AND PROCEDURES

48 CFR 45 - GOVERNMENT PROPERTY

48 CFR 46 - QUALITY ASSURANCE

48 CFR 47 - TRANSPORTATION

48 CFR 48 - VALUE ENGINEERING

48 CFR 49 - TERMINATION OF CONTRACTS

48 CFR 5 - PUBLICIZING CONTRACT ACTIONS

48 CFR 50 - EXTRAORDINARY CONTRACTUAL ACTIONS AND THE SAFETY ACT

48 CFR 51 - USE OF GOVERNMENT SOURCES BY CONTRACTORS

48 CFR 52 - SOLICITATION PROVISIONS AND CONTRACT CLAUSES

48 CFR 53 - FORMS

48 CFR 5433 - PROTESTS, DISPUTES AND APPEALS

48 CFR 6 - COMPETITION REQUIREMENTS

48 CFR 7 - ACQUISITION PLANNING

48 CFR 8 - REQUIRED SOURCES OF SUPPLIES AND SERVICES

48 CFR 9 - CONTRACTOR QUALIFICATIONS

10 USC § 2311 - Assignment and delegation of procurement functions and responsibilities

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