Page:United States Statutes at Large Volume 115 Part 2.djvu/191

 PUBLIC LAW 107-107—DEC. 28, 2001 115 STAT. 1175 "§ 2330. Procurement of services: management structure "(a) REQUIREMENT FOR MANAGEMENT STRUCTURE.—(1) The Secretary of Defense shall establish and implement a management structure for the procurement of services for the Department of Defense. The management structure shall be comparable to the management structure that applies to the procurement of products by the Department. "(2) The management structure required by paragraph (1) shall— "(A) provide for a designated official in each military department to exercise responsibility for the management of the procurement of services for such department; "(B) provide for a designated official for Defense Agencies and other defense components outside the military departments to exercise responsibility for the management of the procurement of services for such Defense Agencies and components; "(C) include a means by which employees of the departments, Defense Agencies, and components are accountable to such designated officials for carrying out the requirements of subsection (b); and "(D) establish specific dollar thresholds and other criteria for advance approvals of purchases under subsection (b)(1)(C) and delegations of activity under subsection (b)(2). " (b) CONTRACTING RESPONSIBILITIES OF DESIGNATED OFFI- CIALS.— (1) The responsibilities of an official designated under subsection (a) shall include, with respect to the procurement of services for the military department or Defense Agencies and components by that official, the following: "(A) Ensuring that the services are procured by means of contracts or task orders that are in the best interests of the Department of Defense and are entered into or issued and managed in compliance with applicable statutes, regulations, directives, and other requirements, regardless of whether the services are procured through a contract or task order of the Department of Defense or through a contract entered into or task order issued by an official of the United States outside the Department of Defense. "(B) Analyzing data collected under section 2330a of this title on contracts that are entered into for the procurement of services. "(C) Approving, in advance, any procurement of services above the thresholds established pursuant to subsection (a)(2)(D) that is to be made through the use of— "(i) a contract or task order that is not a performancebased contract or task order; or "(ii) a contract entered into, or a task order issued, by an official of the United States outside the Department of Defense. "(2) The responsibilities of a designated official may be delegated to other employees of the Department of Defense in accordance with the criteria established by the Secretary of Defense. "(c) DEFINITION.— In this section, the term 'performance-based', with respect to a contract or a task order means that the contract or task order, respectively, includes the use of performance work statements that set forth requirements in clear, specific, and objective terms with measurable outcomes.".

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