10 U.S.C. § 4021: Research projects: transactions other than contracts and grants

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. In any exercise of the authority in subsection (a), the Secretary of Defense shall act through the Defense Advanced Research Projects Agency, the Defense Innovation Unit, or any other element of the Department of Defense that the Secretary may designate. The authority provided under subsection (a) may be exercised without regard to section 3324 of title 31 . A cooperative agreement for performance of basic, applied, or advanced research authorized by section 4001 of this title and a transaction authorized by subsection (a) may include a clause that requires a person or other entity to make payments to the Department of Defense or any other department or agency of the Federal Government as a condition for receiving support under the agreement or other transaction. The amount of any payment received by the Federal Government pursuant to a requirement imposed under paragraph (1) may be credited, to the extent authorized by the Secretary of Defense, to the appropriate account established under subsection (f). Amounts so credited shall be merged with other funds in the account and shall be available for the same purposes and the same period for which other funds in such account are available. to the maximum extent practicable, no cooperative agreement containing a clause under subsection (d) and no transaction entered into under subsection (a) provides for research that duplicates research being conducted under existing programs carried out by the Department of Defense; and to the extent that the Secretary determines practicable, the funds provided by the Government under a cooperative agreement containing a clause under subsection (d) or a transaction authorized by subsection (a) do not exceed the total amount provided by other parties to the cooperative agreement or other transaction. There is hereby established on the books of the Treasury separate accounts for each of the military departments, the Defense Innovation Unit, and the Defense Advanced Research Projects Agency for support of research projects and development projects provided for in cooperative agreements containing a clause under subsection (d) and research projects provided for in transactions entered into under subsection (a). Funds in those accounts shall be available for the payment of such support. ensure that management, technical, and contracting personnel of the Department of Defense involved in the award or administration of transactions under this section or other innovative forms of contracting are afforded opportunities for adequate education and training; and establish minimum levels and requirements for continuous and experiential learning for such personnel, including levels and requirements for acquisition certification programs. The Secretary of Defense shall issue guidance to carry out this section. Disclosure of information described in paragraph (2) is not required, and may not be compelled, under section 552 of title 5 for five years after the date on which the information is received by the Department of Defense. Paragraph (1) applies to information described in subparagraph (B) that is in the records of the Department of Defense if the information was submitted to the Department in a competitive or noncompetitive process having the potential for resulting in an award, to the party submitting the information, of a cooperative agreement for performance of basic, applied, or advanced research authorized by section 4001 of this title or another transaction authorized by subsection (a). A proposal, proposal abstract, and supporting documents. A business plan submitted on a confidential basis. Technical information submitted on a confidential basis. Not later than one year after the date of the enactment of this Act [ Dec. 23, 2024 ], the Under Secretary of Defense for Acquisition and Sustainment shall establish a process to track the number and value of awards to small businesses and nontraditional defense contractors performing on transactions using other transaction authority, including transactions carried out through consortia. minimize the reporting requirements imposed on small businesses and nontraditional defense contractors by the process established under subsection (a); and maximize the use of existing data collection processes of the Department of Defense or the expertise of a consortia-manager under such process. The term ‘nontraditional defense contractor’ has the meaning given such term in section 3014 of title 10 , United States Code. The term ‘other transaction authority’ means the authority provided under sections 4021 and 4022 of title 10, United States Code. The term ‘small business’ has the meaning given the term ‘small business concern’ under section 3(a) of the Small Business Act ( 15 U.S.C. 632(a) ).” Other transaction agreements pursuant to the authorities under section[s] 2371 and 2371b of title 10, United States Code [now 10 U.S.C. 4021 and 4022]. Individual task orders awarded under a task order contract (as defined in section 2304d of title 10 , United States Code [now 10 U.S.C. 3401 ]), including individual task orders issued to a federally funded research and development center. the participants to the transaction (other than the Federal Government); each business selected to perform work under the transaction by a participant to the transaction that is a consortium of private entities; the date on which each participant entered into the transaction; the amount of the transaction; and other related matters the Secretary deems appropriate. identification of the initial covered contract or transaction and each subsequent follow-on contract or transaction; the awardee; the amount; the date awarded; and other related matters the Secretary deems appropriate. The Administrator of the General Services Administration shall update the Federal Procurement Data System (FPDS) within 180 days to collect the data required under this section. Not later than one year after the date of the enactment of this Act [ Dec. 27, 2021 ], and not less than annually thereafter, the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report on the use of agreements and activities described in subsection (a) and associated funding. Not later than one year after the date of enactment of this Act, the Secretary of Defense shall establish procedures to collect information on individual agreements and activities described in this section and associated funding in an online, public, searchable database, unless the Secretary deems such disclosure inappropriate for individual agreements based on national security concerns.” The Service Acquisition Executives of the military departments shall collect data on the use of other transactions by their respective departments, and the Under Secretary of Defense for Research and Engineering and the Under Secretary of Defense for Acquisition and Sustainment shall collect data on all other use by the Department of Defense of other transactions, including use by the Defense Agencies. The data shall be stored in a manner that allows the Assistant Secretary of Defense for Acquisition and other appropriate officials access at any time. analyze and leverage the data collected under subsection (a) to update policy and guidance related to the use of other transactions; and make the data collected under subsection (a) accessible to any official designated by the Secretary of Defense for inclusion by such official in relevant reports made by such official. of the participants to an agreement entered into pursuant to the authority of subsection (a) of section 2371b of title 10 , United States Code [now 10 U.S.C. 4022 ], or a follow-on contract or transaction entered into pursuant to the authority of subsection (f) of such section; of the quantity of prototype projects to be produced pursuant to such an agreement, follow-on contract, or transaction; of the amount of payments made pursuant to each such agreement, follow-on contract, or transaction; of the purpose, description, and status of prototype projects carried out pursuant to each such agreement, follow-on contract, or transaction; and including case examples, of the successes and challenges with using the authority of such subsection (a) or (f). A report required under this subsection shall be submitted in unclassified form without any designation relating to dissemination control, but may contain a classified annex.”