This page attempts to capture all known codification of Alternative Acquisition Authorities. Please note that there may be authorities added/deleted/modified that may not be accurately captured here. The list is sortable, filterable, searchable, and can be exported to Excel and PDF formats, or printed.
Last updated 10 January 2025.
| Agency | U.S.C. Cite | Authority | Description | |
|---|---|---|---|---|
| Department of Agriculture | 7 U.S.C. 3319k; 10 U.S.C. 4021 | Research Other Transactions | (6) Other transaction authorities (A) In general In carrying out the pilot program under this section, the Secretary shall have the authority to enter into other transactions in the same manner and subject to the same terms and conditions as transactions that the Secretary of Defense may enter into under section 4021 of title 10. (B) Scope The authority of the Secretary to enter into contracts, cooperative agreements, and other transactions under this subsection shall be in addition to the authorities under this chapter and title I of the Department of Agriculture and Related Agencies Appropriation Act, 1964 (7 U.S.C. 3318a), to use contracts, cooperative agreements, and grants in carrying out the pilot program under this section. (C) Guidelines The Secretary shall establish guidelines regarding the use of the authority under subparagraph (A). (D) Technology transfer In entering into other transactions, the Secretary may negotiate terms for technology transfer in the same manner as a Federal laboratory under paragraphs (1) through (4) of section 3710a(b) of title 15. | |
| Department of Defense | 10 U.S.C. 3458 | Commercial Solutions Openings | * Note that 10 U.S.C. 3458 is not the exclusive authority for “Commercial Solutions Openings.” See the definition of “Commercial Solutions Openings (CSO)” in the DoD OT Guide (July 2023). (a) Authority.-The Secretary of Defense and the Secretaries of the military departments may acquire innovative commercial products and commercial services through a competitive selection of proposals resulting from a general solicitation and the peer review of such proposals. | |
| Department of Defense | 10 U.S.C. 4021 | Research Other Transactions | (a) Additional Forms of Transactions Authorized.-The Secretary of Defense and the Secretary of each military department may enter into transactions (other than contracts, cooperative agreements, and grants) under the authority of this subsection in carrying out basic, applied, and advanced research projects. The authority under this subsection is in addition to the authority provided in section 4001 of this title to use contracts, cooperative agreements, and grants in carrying out such projects. | |
| Department of Defense | 10 U.S.C. 4022 | Prototype Other Transactions | (a) Authority.-(1) Subject to paragraph (2), the Director of the Defense Advanced Research Projects Agency, the Director of the Defense Innovation Unit, the Secretary of a military department, or any other official designated by the Secretary of Defense may, under the authority of section 4021 of this title, carry out prototype projects that are directly relevant to enhancing the mission effectiveness of personnel of the Department of Defense or improving platforms, systems, components, or materials proposed to be acquired or developed by the Department of Defense, or to improvement of platforms, systems, components, or materials in use by the armed forces. | |
| Department of Defense | 10 U.S.C. 4023 | Procurement for Experimental Purposes | (a) Authority.-The Secretary of Defense and the Secretaries of the military departments may each buy ordnance, signal, chemical activity, transportation, energy, medical, space-flight, telecommunications, and aeronautical supplies, including parts and accessories, and designs thereof, that the Secretary of Defense or the Secretary concerned considers necessary for experimental or test purposes in the development of the best supplies that are needed for the national defense. | |
| Department of Defense | 10 U.S.C. 4025 | Prizes for Advanced Technology Achievements | (a) Authority.-The Secretary of Defense, acting through the Under Secretary of Defense for Research and Engineering, the Under Secretary of Defense for Acquisition and Sustainment, and the service acquisition executive for each military department, may carry out programs to award cash prizes and other types of prizes, including procurement contracts and other agreements, that the Secretary determines are appropriate to recognize outstanding achievements in basic, advanced, and applied research, technology development, and prototype development that- (1) have the potential for application to the performance of the military missions of the Department of Defense; or (2) demonstrate management practices that improve the schedule or performance, reduce the costs, or otherwise support the transition of technology into acquisition programs or operational use. | |
| Department of Energy | 42 U.S.C 7256 | Research Other Transactions | (g) Additional authorities (1) In addition to authority granted to the Secretary under any other provision of law, the Secretary may exercise the same authority to enter into transactions (other than contracts, cooperative agreements, and grants), subject to the same terms and conditions as the Secretary of Defense under section 2371 of title 10 (other than subsections (b) and (f) of that section). | |
| Department of Energy – Advanced Research Projects Agency-Energy | 42 U.S.C 149 §16538(f) | Cash Prizes and Other Transactions | (f) Awards In carrying out this section, the Director may provide awards in the form of grants, contracts, cooperative agreements, cash prizes, and other transactions. | |
| Department of Health and Human Services – Administration for Strategic Preparedness & Response – Biomedical Advanced Research and Development Authority | 42 U.S.C 247d-7e | Other Transactions | (5) Transaction authorities (A) Other transactions (i) In general The Secretary shall have the authority to enter into other transactions (as defined in subsection (a)(3)) under this subsection. (ii) Limitations on authority (I) In general To the maximum extent practicable, competitive procedures shall be used when entering into transactions to carry out projects under this subsection. (II) Written determinations required The authority of this subparagraph may be exercised for a project that is expected to cost the Department of Health and Human Services in excess of $100,000,000 only upon a written determination by the Assistant Secretary for Financial Resources, that the use of such authority is essential to promoting the success of the project. The authority of the Assistant Secretary for Financial Resources under this subclause may not be delegated. (iii) Authority during a public health emergency (I) In general Notwithstanding clause (ii), the Secretary, shall, to the maximum extent practicable, use competitive procedures when entering into transactions to carry out projects under this subsection for purposes of a public health emergency declared by the Secretary under section 247d of this title. Any such transactions entered into during such public health emergency shall not be terminated solely due to the expiration of such public health emergency, if such public health emergency ends before the completion of the terms of such agreement. (II) Report After the expiration of the public health emergency declared by the Secretary under section 247d of this title, the Secretary shall provide a report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives regarding the use of any funds pursuant to the authority under subclause (I), including any outcomes, benefits, and risks associated with the use of such funds, and a description of the reasons for the use of such authority for the project or projects. (iv) Guidelines The Secretary shall establish guidelines regarding the use of the authority under clause (i). Such guidelines shall include auditing requirements. (B) Expedited authorities (i) In general In awarding contracts, grants, and cooperative agreements, and in entering into other transactions under subparagraph (B) or (D) of paragraph (4), the Secretary shall have the expedited procurement authorities, the authority to expedite peer review, and the authority for personal services contracts, supplied by subsections (b), (c), and (d) of section 247d–6a of this title. (ii) Application of provisions Provisions in such section 247d–6a of this title that apply to such authorities and that require institution of internal controls, limit review, provide for Federal Tort Claims Act coverage of personal services contractors, and commit decisions to the discretion of the Secretary shall apply to the authorities as exercised pursuant to this paragraph. (iii) Authority to limit competition For purposes of applying section 247d–6a(b)(1)(D) of this title to this paragraph, the phrase “BioShield Program under the Project BioShield Act of 2004” shall be deemed to mean the countermeasure and product advanced research and development program under this section. (iv) Availability of data The Secretary shall require that, as a condition of being awarded a contract, grant, cooperative agreement, or other transaction under subparagraph (B) or (D) of paragraph (4), a person make available to the Secretary on an ongoing basis, and submit upon request to the Secretary, all data related to or resulting from countermeasure and product advanced research and development carried out pursuant to this section. (C) Advance payments; advertising The Secretary may waive the requirements of section 3324(a) of title 31 or section 6101 of title 41 upon the determination by the Secretary that such waiver is necessary to obtain countermeasures or products under this section. (D) Milestone-based payments allowed In awarding contracts, grants, and cooperative agreements, and in entering into other transactions, under this section, the Secretary may use milestone-based awards and payments. (E) Foreign nationals eligible The Secretary may under this section award contracts, grants, and cooperative agreements to, and may enter into other transactions with, highly qualified foreign national persons outside the United States, alone or in collaboration with American participants, when such transactions may inure to the benefit of the American people. (F) Establishment of research centers The Secretary may assess the feasibility and appropriateness of establishing, through contract, grant, cooperative agreement, or other transaction, an arrangement with an existing research center in order to achieve the goals of this section. If such an agreement is not feasible and appropriate, the Secretary may establish one or more federally-funded research and development centers, or university-affiliated research centers, in accordance with section 3304(a)(3) of title 41. (G) Government purpose In awarding contracts, grants, and cooperative agreements under this section, the Secretary shall provide a clear statement of defined Government purpose related to activities included in subsection (a)(6)(B) for a qualified countermeasure or qualified pandemic or epidemic product. (H) Supporting warm-base and surge capacity and capabilities Pursuant to an award under subparagraph (B)(v),1 the Secretary may make payments for activities necessary to maintain domestic manufacturing surge capacity and capabilities supported under such award to ensure that such capacity and capabilities are able to support the rapid manufacture of countermeasures as required by the Secretary to prepare for, or respond to, an existing or potential public health emergency or otherwise address threats that pose a significant level of risk to national security. The Secretary may support the utilization of such capacity and capabilities under awards for countermeasure and product advanced research and development, as appropriate, to provide for the maintenance of such capacity and capabilities. | |
| Department of Health and Human Services – Advanced Research Projects Agency for Health (ARPA-H) | 42 U.S.C. 290c; 42 U.S.C. 247d-7e | Other Transactions | (g) Awards (1) In general In carrying out this section, the Director may- (A) award grants and cooperative agreements, which shall include requirements to publicly report indirect facilities and administrative costs, broken out by fixed capital costs, administrative overhead, and labor costs; (B) award contracts, which may include multi-year contracts subject to section 3903 of title 41; (C) award cash prizes, utilizing the authorities and processes established under section 3719 of title 15; and (D) enter into other transactions, as defined by section 247d–7e(a)(3) of this title, subject to paragraph (2). (2) Limitations on entering into other transactions (A) Use of competitive procedures To the maximum extent practicable, competitive procedures shall be used when entering into other transactions under this section. (B) Written determination required The authority of paragraph (1)(D) may be exercised for a project if the program manager- (i) submits a request to the Director for each individual use of such authority before conducting or supporting a program, including an explanation of why the use of such authority is essential to promoting the success of the project; (ii) receives approval for the use of such authority from the Director; and (iii) for each year in which the program manager has used such authority in accordance with this paragraph, submits a report to the Director on the activities of the program related to such project. (3) Exemptions from certain requirements Research funded by ARPA–H shall not be subject to the requirements of section 284a(a)(3)(A)(ii) of this title or section 289a of this title. | |
| Department of Health and Human Services – National Institutes of Health | 42 U.S.C 284n(b)(1) | Other Transactions | (1) In general From amounts to be appropriated under section 282a(b) of this title, the Secretary, acting through the Director of NIH, may allocate funds for the national research institutes and national centers to make awards of grants or contracts or to engage in other transactions for demonstration projects for high-impact, cutting-edge research that fosters scientific creativity and increases fundamental biological understanding leading to the prevention, diagnosis, and treatment of diseases and disorders. The head of a national research institute or national center may conduct or support such high-impact, cutting-edge research (with funds allocated under the preceding sentence or otherwise available for such purpose) if the institute or center gives notice to the Director of NIH beforehand and submits a report to the Director of NIH on an annual basis on the activities of the institute or center relating to such research. | |
| Department of Health and Human Services – National Institutes of Health | 42 U.S.C 287a(e)(3)(c) | Other Transactions | C) The cures acceleration flexible research awards If the Director of the Center determines that the goals and objectives of this section cannot adequately be carried out through a contract, grant, or cooperative agreement, the Director of the Center shall have flexible research authority to use other transactions to fund projects in accordance with the terms and conditions of this section. Awards made under such flexible research authority for a fiscal year shall not exceed 20 percent of the total funds appropriated under subsection (g)(1) for such fiscal year. | |
| Department of Health and Human Services – National Institutes of Health – National Heart, Blood Vessel, Lung, and Blood Diseases and Blood Resources Program | 42 U.S.C 285b-3(a)(3) | Other Transactions | (3) subject to section 284(b)(2) of this title and without regard to section 3324 of title 31 and section 6101 of title 41, may enter into such contracts, leases, cooperative agreements, or other transactions, as may be necessary in the conduct of the Director’s functions, with any public agency, or with any person, firm, association, corporation, or educational institutions; | |
| Department of Homeland Security | 6 U.S.C 391; 10 U.S.C. 4021; 10 U.S.C. 4022 | Research and Prototype Other Transactions | (a) Authority Until September 30, 2024, and subject to subsection (d),1 the Secretary may carry out a pilot program under which the Secretary may exercise the following authorities: (1) In general When the Secretary carries out basic, applied, and advanced research and development projects, including the expenditure of funds for such projects, the Secretary may exercise the same authority (subject to the same limitations and conditions) with respect to such research and projects as the Secretary of Defense may exercise under section 4021 of title 10 (except for subsections (b) and (f)), after making a determination that the use of a contract, grant, or cooperative agreement for such project is not feasible or appropriate. The annual report required under subsection (b) 1 of this section, as applied to the Secretary by this paragraph, shall be submitted to the President of the Senate and the Speaker of the House of Representatives. (2) Prototype projects The Secretary- (A) may, under the authority of paragraph (1), carry out prototype projects under section 4022 of title 10; and (B) in applying the authorities of such section 4022, the Secretary shall perform the functions of the Secretary of Defense as prescribed in such section. | |
| Department of Homeland Security – Domestic Nuclear Detection Office | 6 U.S.C 596 | Other Transactions | The Secretary, acting through the Assistant Secretary, in carrying out the responsibilities under section 592 of this title, shall- (1) operate extramural and intramural programs and distribute funds through grants, cooperative agreements, and other transactions and contracts; (2) ensure that activities under section 592 of this title include investigations of radiation detection equipment in configurations suitable for deployment at seaports, which may include underwater or water surface detection equipment and detection equipment that can be mounted on cranes and straddle cars used to move shipping containers; and (3) have the authority to establish or contract with 1 or more federally funded research and development centers to provide independent analysis of homeland security issues and carry out other responsibilities under this subchapter. | |
| Department of Homeland Security – Homeland Security Advanced Research Projects Agency (HSARPA) | 6 U.S.C 187; 6 U.S.C 391; 10 U.S.C. 4021; 10 U.S.C. 4022 | Other Transactions | “(a) Authority Until September 30, 2024, and subject to subsection (d),1 the Secretary may carry out a pilot program under which the Secretary may exercise the following authorities: (1) In general When the Secretary carries out basic, applied, and advanced research and development projects, including the expenditure of funds for such projects, the Secretary may exercise the same authority (subject to the same limitations and conditions) with respect to such research and projects as the Secretary of Defense may exercise under section 4021 of title 10 (except for subsections (b) and (f)), after making a determination that the use of a contract, grant, or cooperative agreement for such project is not feasible or appropriate. The annual report required under subsection (b) 1 of this section, as applied to the Secretary by this paragraph, shall be submitted to the President of the Senate and the Speaker of the House of Representatives. (2) Prototype projects The Secretary- (A) may, under the authority of paragraph (1), carry out prototype projects under section 4022 of title 10; and (B) in applying the authorities of such section 4022, the Secretary shall perform the functions of the Secretary of Defense as prescribed in such section.” | |
| Department of Homeland Security – Transportation Safety Administration | 49 U.S.C 114(m); 49 U.S.C. 106(l)(6) | Other Transactions | (m) Personnel and Services; Cooperation by Administrator.- (1) Authority of administrator.-In carrying out the functions of the Administration, the Administrator shall have the same authority as is provided to the Administrator of the Federal Aviation Administration under subsections (l) and (m) of section 106. (2) Authority of agency heads.-The head of a Federal agency shall have the same authority to provide services, supplies, equipment, personnel, and facilities to the Administrator as the head has to provide services, supplies, equipment, personnel, and facilities to the Administrator of the Federal Aviation Administration under section 106(m). | |
| Department of Transportation | 49 U.S.C 5312 | Other Transactions | (c) Research.- (1) In general.-The Secretary may make a grant to or enter into a contract, cooperative agreement, or other agreement under this section with an entity described in subsection (b)(2) to carry out a public transportation research project that has as its ultimate goal the development and deployment of new and innovative ideas, practices, and approaches. (2) Project eligibility.-A public transportation research project that receives assistance under paragraph (1) shall focus on- (A) providing more effective and efficient public transportation service, including services to- (i) seniors; (ii) individuals with disabilities; and (iii) low-income individuals; (B) mobility management and improvements and travel management systems; (C) data and communication system advancements; (D) system capacity, including- (i) train control; (ii) capacity improvements; and (iii) performance management; (E) capital and operating efficiencies; (F) planning and forecasting modeling and simulation; (G) advanced vehicle design; (H) advancements in vehicle technology; (I) asset maintenance and repair systems advancement; (J) construction and project management; (K) alternative fuels; (L) the environment and energy efficiency; (M) safety improvements; or (N) any other area that the Secretary determines is important to advance the interests of public transportation. (d) Innovation and Development.- (1) In general.-The Secretary may make a grant to or enter into a contract, cooperative agreement, or other agreement under this section with an entity described in subsection (b)(2) to carry out a public transportation innovation and development project that seeks to improve public transportation systems nationwide in order to provide more efficient and effective delivery of public transportation services, including through technology and technological capacity improvements. (2) Project eligibility.-A public transportation innovation and development project that receives assistance under paragraph (1) shall focus on- (A) the development of public transportation research projects that received assistance under subsection (c) that the Secretary determines were successful; (B) planning and forecasting modeling and simulation; (C) capital and operating efficiencies; (D) advanced vehicle design; (E) advancements in vehicle technology; (F) the environment and energy efficiency; (G) system capacity, including train control and capacity improvements; or (H) any other area that the Secretary determines is important to advance the interests of public transportation. (e) Demonstration, Deployment, and Evaluation.- (1) In general.-The Secretary may, under terms and conditions that the Secretary prescribes, make a grant to or enter into a contract, cooperative agreement, or other agreement with an entity described in paragraph (2) to promote the early deployment and demonstration of innovation in public transportation that has broad applicability. (2) Participants.-An entity described in this paragraph is- (A) an entity described in subsection (b)(2); or (B) a consortium of entities described in subsection (b)(2), including a provider of public transportation, that will share the costs, risks, and rewards of early deployment and demonstration of innovation. (3) Project eligibility.-A demonstration, deployment, or evaluation project that receives assistance under paragraph (1) shall seek to build on successful research, innovation, and development efforts to facilitate- (A) the deployment of research and technology development resulting from private efforts or Federally funded efforts; (B) the implementation of research and technology development to advance the interests of public transportation; or (C) the deployment of low or no emission vehicles, zero emission vehicles, or associated advanced technology. (4) Evaluation.-Not later than 2 years after the date on which a project receives assistance under paragraph (1), the Secretary shall conduct a comprehensive evaluation of the success or failure of the projects funded under this subsection and any plan for broad-based implementation of the innovation promoted by successful projects. (5) Prohibition.-The Secretary may not make grants under this subsection for the demonstration, deployment, or evaluation of a vehicle that is in revenue service unless the Secretary determines that the project makes significant technological advancements in the vehicle. (6) Definitions.-In this subsection- (A) the term “direct carbon emissions” means the quantity of direct greenhouse gas emissions from a vehicle, as determined by the Administrator of the Environmental Protection Agency; (B) the term “low or no emission vehicle” means- (i) a passenger vehicle used to provide public transportation that the Secretary determines sufficiently reduces energy consumption or harmful emissions, including direct carbon emissions, when compared to a comparable standard vehicle; or (ii) a zero emission vehicle used to provide public transportation; and (C) the term “zero emission vehicle” means a low or no emission vehicle that produces no carbon or particulate matter. | |
| Department of Transportation – Advanced Research Projects Agency–Infrastructure (ARPA–I) | 49 U.S.C 119; 49 U.S.C. 5312 | Other Transactions | (c) Research.- (1) In general.-The Secretary may make a grant to or enter into a contract, cooperative agreement, or other agreement under this section with an entity described in subsection (b)(2) to carry out a public transportation research project that has as its ultimate goal the development and deployment of new and innovative ideas, practices, and approaches. (2) Project eligibility.-A public transportation research project that receives assistance under paragraph (1) shall focus on- (A) providing more effective and efficient public transportation service, including services to- (i) seniors; (ii) individuals with disabilities; and (iii) low-income individuals; (B) mobility management and improvements and travel management systems; (C) data and communication system advancements; (D) system capacity, including- (i) train control; (ii) capacity improvements; and (iii) performance management; (E) capital and operating efficiencies; (F) planning and forecasting modeling and simulation; (G) advanced vehicle design; (H) advancements in vehicle technology; (I) asset maintenance and repair systems advancement; (J) construction and project management; (K) alternative fuels; (L) the environment and energy efficiency; (M) safety improvements; or (N) any other area that the Secretary determines is important to advance the interests of public transportation. (d) Innovation and Development.- (1) In general.-The Secretary may make a grant to or enter into a contract, cooperative agreement, or other agreement under this section with an entity described in subsection (b)(2) to carry out a public transportation innovation and development project that seeks to improve public transportation systems nationwide in order to provide more efficient and effective delivery of public transportation services, including through technology and technological capacity improvements. (2) Project eligibility.-A public transportation innovation and development project that receives assistance under paragraph (1) shall focus on- (A) the development of public transportation research projects that received assistance under subsection (c) that the Secretary determines were successful; (B) planning and forecasting modeling and simulation; (C) capital and operating efficiencies; (D) advanced vehicle design; (E) advancements in vehicle technology; (F) the environment and energy efficiency; (G) system capacity, including train control and capacity improvements; or (H) any other area that the Secretary determines is important to advance the interests of public transportation. (e) Demonstration, Deployment, and Evaluation.- (1) In general.-The Secretary may, under terms and conditions that the Secretary prescribes, make a grant to or enter into a contract, cooperative agreement, or other agreement with an entity described in paragraph (2) to promote the early deployment and demonstration of innovation in public transportation that has broad applicability. (2) Participants.-An entity described in this paragraph is- (A) an entity described in subsection (b)(2); or (B) a consortium of entities described in subsection (b)(2), including a provider of public transportation, that will share the costs, risks, and rewards of early deployment and demonstration of innovation. (3) Project eligibility.-A demonstration, deployment, or evaluation project that receives assistance under paragraph (1) shall seek to build on successful research, innovation, and development efforts to facilitate- (A) the deployment of research and technology development resulting from private efforts or Federally funded efforts; (B) the implementation of research and technology development to advance the interests of public transportation; or (C) the deployment of low or no emission vehicles, zero emission vehicles, or associated advanced technology. (4) Evaluation.-Not later than 2 years after the date on which a project receives assistance under paragraph (1), the Secretary shall conduct a comprehensive evaluation of the success or failure of the projects funded under this subsection and any plan for broad-based implementation of the innovation promoted by successful projects. (5) Prohibition.-The Secretary may not make grants under this subsection for the demonstration, deployment, or evaluation of a vehicle that is in revenue service unless the Secretary determines that the project makes significant technological advancements in the vehicle. (6) Definitions.-In this subsection- (A) the term “direct carbon emissions” means the quantity of direct greenhouse gas emissions from a vehicle, as determined by the Administrator of the Environmental Protection Agency; (B) the term “low or no emission vehicle” means- (i) a passenger vehicle used to provide public transportation that the Secretary determines sufficiently reduces energy consumption or harmful emissions, including direct carbon emissions, when compared to a comparable standard vehicle; or (ii) a zero emission vehicle used to provide public transportation; and (C) the term “zero emission vehicle” means a low or no emission vehicle that produces no carbon or particulate matter. | |
| Department of Transportation – Federal Aviation Administration | 49 U.S.C 106(l)(6) | Other Transactions | (6) Contracts.-The Administrator is authorized to enter into and perform such contracts, leases, cooperative agreements, or other transactions as may be necessary to carry out the functions of the Administrator and the Administration. The Administrator may enter into such contracts, leases, cooperative agreements, and other transactions with any Federal agency (as such term is defined in section 551(1) of title 5) or any instrumentality of the United States, any State, territory, or possession, or political subdivision thereof, any other governmental entity, or any person, firm, association, corporation, or educational institution, on such terms and conditions as the Administrator may consider appropriate. | |
| Director of National Intelligence – Intelligence Advanced Research Projects Activity (IARPA) | 50 U.S.C 3024; 10 U.S.C. 4021; 10 U.S.C. 4022 | Research and Prototype Other Transactions | (6) Other transaction authority.- (A) In general.-In addition to other acquisition authorities, the Director of National Intelligence may exercise the acquisition authorities referred to in sections 4021 and 4022 of title 10, subject to the provisions of this paragraph. (B) Delegation.-(i) The Director shall delegate the authorities provided by subparagraph (A) to the heads of elements of the intelligence community. (ii) The heads of elements of the intelligence community shall, to the maximum extent practicable, delegate the authority delegated under clause (i) to the official of the respective element of the intelligence community responsible for decisions with respect to basic, applied, or advanced research activities or the adoption of such activities within such element. (C) Intelligence community authority.-(i) For purposes of this paragraph, the limitation in section 4022(a)(1) of title 10 shall not apply to elements of the intelligence community. (ii) Subject to section 4022(a)(2) of such title, the Director may enter into transactions and agreements (other than contracts, cooperative agreements, and grants) of amounts not to exceed $75,000,000 under this paragraph to carry out basic, applied, and advanced research projects and prototype projects in support of intelligence activities. (iii) For purposes of this paragraph, the limitations specified in section 4022(a)(2) of such title shall apply to the intelligence community in lieu of the Department of Defense, and the Director shall- (I) identify appropriate officials who can make the determinations required in subparagraph (B)(i) of such section for the intelligence community; and (II) brief the congressional intelligence committees, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives in lieu of the congressional defense committees, as specified in subparagraph (B)(ii) of such section. (iv) For purposes of this paragraph, the limitation in section 4022(a)(3) of such title shall not apply to elements of the intelligence community. (v) In carrying out this paragraph, section 4022(d)(1) of such title shall be applied by substituting “Director of National Intelligence” for “Secretary of Defense”. (vi) For purposes of this paragraph, the limitations in section 4022(d)(2) of such title shall not apply to elements of the intelligence community. (vii) In addition to the follow-on production contract criteria in section 4022(f)(2) of such title, the following additional criteria shall apply: (I) The authorizing official of the relevant element of the intelligence community determines that Government users of the proposed production product or production service have been consulted. (II) In the case of a proposed production product that is software, there are mechanisms in place for Government users to provide ongoing feedback to participants to the follow-on production contract. (III) In the case of a proposed production product that is software, there are mechanisms in place to promote the interoperability and accessibility with and between Government and commercial software providers, including by the promotion of open application programming interfaces and requirement of appropriate software documentation. (IV) The award follows a documented market analysis as mandated by the Federal Acquisition Regulations surveying available and comparable products. (V) In the case of a proposed production product that is software, the follow-on production contract includes a requirement that, for the duration of such contract (or such other period of time as may be agreed to as a term of such contract)- (aa) the participants provide the most up-to-date version of the product that is available in the commercial marketplace and is consistent with security requirements; (bb) there are mechanisms in place for the participants to provide timely updates to the production product; and (cc) the authority specified in section 4022(f)(5) of such title shall be exercised by the Director in lieu of the Secretary of Defense. (D) Implementation policy.-The Director, in consultation with the heads of the elements of the intelligence community, shall- (i) not later than 180 days after December 23, 2022, establish and implement an intelligence community-wide policy prescribing the use and limitations of the authority under this paragraph, particularly with respect to the application of subparagraphs (B) and (C); (ii) periodically review and update the policy established under clause (i); and (iii) submit to the congressional intelligence committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives the policy when established under clause (i) or updated under clause (ii). (E) Annual report.- (i) In general.-Not less frequently than annually, the Director shall submit to the congressional intelligence committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives a report detailing the use by the intelligence community of the authority provided by this paragraph. (ii) Elements.- (I) Required elements.-Each report required by clause (i) shall detail the following: (aa) The number of transactions. (bb) The participants to such transactions. (cc) The purpose of the transaction. (dd) The amount of each transaction. (ee) Concerns with the efficiency of the policy. (ff) Any recommendations for how to improve the process. (II) Other elements.-Each report required by clause (i) may describe such transactions which have been awarded follow-on production contracts either pursuant to the authority provided by this paragraph or another acquisition authority available to the intelligence community. | |
| National Aeronautics and Space Administration | 51 U.S.C 20113(e) | Other Transactions | (e) Contracts, Leases, and Agreements.-In the performance of its functions, the Administration is authorized, without regard to subsections (a) and (b) of section 3324 of title 31, to enter into and perform such contracts, leases, cooperative agreements, or other transactions as may be necessary in the conduct of its work and on such terms as it may deem appropriate, with any agency or instrumentality of the United States, or with any State, territory, or possession, or with any political subdivision thereof, or with any person, firm, association, corporation, or educational institution. To the maximum extent practicable and consistent with the accomplishment of the purpose of this chapter, such contracts, leases, agreements, and other transactions shall be allocated by the Administrator in a manner which will enable small-business concerns to participate equitably and proportionately in the conduct of the work of the Administration. |