10 USC § 4508 - Contractor performance of acquisition functions closely associated with inherently governmental functions

---
identifier: "/us/usc/t10/s4508"
source: "usc"
legal_status: "official_legal_evidence"
title: "10 USC § 4508 - Contractor performance of acquisition functions closely associated with inherently governmental functions"
title_number: 10
title_name: "ARMED FORCES"
section_number: "4508"
section_name: "Contractor performance of acquisition functions closely associated with inherently governmental functions"
chapter_number: 341
chapter_name: "ACQUISITION OF SERVICES GENERALLY"
part_number: "V"
part_name: "ACQUISITION"
positive_law: true
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Added Pub. L. 108–375, div. A, title VIII, § 804(a)(1), Oct. 28, 2004, 118 Stat. 2007, § 2383; renumbered § 4508 and amended Pub. L. 116–283, div. A, title XVIII, § 1856(g), (i), Jan. 1, 2021, 134 Stat. 4275.)"
---


# § 4508. Contractor performance of acquisition functions closely associated with inherently governmental functions

**(a)** **Limitation.—** The head of an agency may enter into a contract for the performance of acquisition functions closely associated with inherently governmental functions only if the contracting officer for the contract ensures that—

**(1)** appropriate military or civilian personnel of the Department of Defense cannot reasonably be made available to perform the functions;

**(2)** appropriate military or civilian personnel of the Department of Defense are—

**(A)** to supervise contractor performance of the contract; and

**(B)** to perform all inherently governmental functions associated with the functions to be performed under the contract; and

**(3)** the agency addresses any potential organizational conflict of interest of the contractor in the performance of the functions under the contract, consistent with subpart 9.5 of part 9 of the Federal Acquisition Regulation and the best interests of the Department of Defense.

**(b)** **Definitions.—** In this section:

**(1)** The term “head of an agency” does not include the Secretary of Homeland Security or the Administrator of the National Oceanic and Atmospheric Administration.

**(2)** The term “inherently governmental functions” has the meaning given such term in subpart 7.5 of part 7 of the Federal Acquisition Regulation.

**(3)** The term “functions closely associated with inherently governmental functions” means the functions described in section 7.503(d) of the Federal Acquisition Regulation.

**(4)** The term “organizational conflict of interest” has the meaning given such term in subpart 9.5 of part 9 of the Federal Acquisition Regulation.

---

**Source Credit**: (Added Pub. L. 108–375, div. A, title VIII, § 804(a)(1), Oct. 28, 2004, 118 Stat. 2007, § 2383; renumbered § 4508 and amended Pub. L. 116–283, div. A, title XVIII, § 1856(g), (i), Jan. 1, 2021, 134 Stat. 4275.)

## Editorial Notes

### Prior Provisions

A prior section 4508, acts , ; , , , which related tests of iron, steel, and other materials, was repealed by , , .

### Amendments

2021— renumbered  as this section.

Subsec. (b)(1). , which directed striking out “has the meaning given in , except that such term”, was executed by striking out “has the meaning given such term in , except that such term” before “does not include”, to reflect the probable intent of Congress.

## Statutory Notes and Related Subsidiaries

### Effective Date of 2021 Amendment

Amendment by  effective , with additional provisions for delayed implementation and applicability of existing law, see , set out as a note preceding .

### Effective Date

> “
> 
> , United States Code [now
> 
> ] (as added by subsection (a)), shall apply to contracts entered into on or after the date of the enactment of this Act [
> 
> ].”

, , , provided that: