2020 US Code
Title 10 - Armed Forces
Subtitle A - General Military Law
Part IV - Service, Supply, and Procurement
Chapter 137 - Procurement Generally
Sec. 2322a - Requirement for consideration of certain matters during acquisition of noncommercial computer software
10 U.S.C. § 2322a (2020) |
§2322a. Requirement for consideration of certain matters during acquisition of noncommercial computer software |
(a) Consideration Required.—As part of any negotiation for the acquisition of noncommercial computer software, the Secretary of Defense shall ensure that such negotiations consider, to the maximum extent practicable, acquisition, at the appropriate time in the life cycle of the noncommercial computer software, of all software and related materials necessary— (1) to reproduce, build, or recompile the software from original source code and required libraries; (2) to conduct required computer software testing; and (3) to deploy working computer software system binary files on relevant system hardware. (b) Delivery of Software and Related Materials.—Any noncommercial computer software or related materials required to be delivered as a result of considerations in subsection (a) shall, to the extent appropriate as determined by the Secretary— (1) include computer software delivered in a useable, digital format; (2) not rely on external or additional software code or data, unless such software code or data is included in the items to be delivered; and (3) in the case of negotiated terms that do not allow for the inclusion of dependent software code or data, sufficient documentation to support maintenance and understanding of interfaces and software revision history. |
(Added Pub. L. 115–91, div. A, title VIII, §871(a)(1), Dec. 12, 2017, 131 Stat. 1496.) |
Transfer of Section
Pub. L. 116–283, div. A, title XVIII, §§1801(d), 1857(c), Jan. 1, 2021, 134 Stat. 4151, 4276, provided that, effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, this section is transferred to chapter 345 of this title, as amended by section 1857(a) of Pub. L. 116–283, inserted after section 4571, and redesignated as section 4576 of this title. See Effective Date of 2021 Amendment note below. EFFECTIVE DATE OF 2021 AMENDMENTAmendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title. GUIDANCEPub. L. 115–91, div. A, title VIII, §871(b), Dec. 12, 2017, 131 Stat. 1497, provided that: "Not later than 180 days after the date of the enactment of this Act [Dec. 12, 2017], the Secretary of Defense shall issue updated guidance to implement section 2322a of title 10, United States Code, as added by subsection (a)." |
United States Code, 2018 Edition, Supplement 2, Title 10 - ARMED FORCES |
Bills and Statutes |
United States Code |
Y 1.2/5: |
Title 10 - ARMED FORCES Subtitle A - General Military Law PART IV - SERVICE, SUPPLY, AND PROCUREMENT CHAPTER 137 - PROCUREMENT GENERALLY Sec. 2322a - Requirement for consideration of certain matters during acquisition of noncommercial computer software |
section 2322a |
2020 |
January 13, 2021 |
Yes |
standard |
131 Stat. 1496, 1497 134 Stat. 4151 |
Public Law 115-91, Public Law 116-283 |