# § 9540. Architectural and engineering services
**(a)** Whenever he considers that it is advantageous to the national defense and that existing facilities of the Department of the Air Force are inadequate, the Secretary of the Air Force may, by contract or otherwise, employ the architectural or engineering services of any person outside that Department for producing and delivering designs, plans, drawings, and specifications needed for any public works or utilities project of the Department.
**(b)** The fee for any service under this section may not be more than 10 percent of the estimated cost, as determined by the Secretary, of the project to which it applies.
**(c)** Sections 305, 3324, and 7204, chapter 51, and subchapters III, IV, and VI of chapter 53 of title 5 do not apply to employment under this section.
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**Source Credit**: (Aug. 10, 1956, ch. 1041, 70A Stat. 577; Pub. L. 89–718, § 28, Nov. 2, 1966, 80 Stat. 1119; Pub. L. 95–454, title VII, § 703(c)(3), title VIII, § 801(a)(3)(I), Oct. 13, 1978, 92 Stat. 1217, 1222; Pub. L. 96–513, title V, § 514(15), Dec. 12, 1980, 94 Stat. 2936; Pub. L. 118–31, div. B, title XXVIII, § 2881(c), Dec. 22, 2023, 137 Stat. 780.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 9540(a) | 5:221 (1st sentence, less last 15 words). | Aug. 7, 1939, ch. 511, § 2, 53 Stat. 1240. |
| 9540(b) | 5:221 (less 1st sentence). | |
| 9540(c) | 5:221 (last 15 words of 1st sentence). | |
In subsection (a), the words “and providing that in the opinion” are omitted as covered by the words “whenever he considers”. The words “needed for” are substituted for the words “required for the accomplishment of”.
In subsection (c), reference is made in substance to the Classification Act of 1949, instead of the Classification Act of 1923 referred to in the source statute, since section 1106(a) of the Classification Act of 1949, , provides that all references in other acts to the Classification Act of 1923 should be considered to refer to the Classification Act of 1949.
## Editorial Notes
### Amendments
2023—Subsec. (b). substituted “10 percent” for “6 percent”.
1980—Subsec. (c). substituted “and 7204, chapter 51, and subchapters III, IV, and VI of chapter 53 of title 5” for “5101–5115, 5331–5338, 5341, 5342, and 7204 of title 5 and subchapter VI of chapter 53 of such title 5”.
1978—Subsec. (c). , inserted reference to subchapter VI of chapter 53 of title 5.
, substituted “7204” for “7154”.
1966—Subsec. (c). substituted “Sections 305, 3324, 5101–5115, 5331–5338, 5341, 5342, and 7154 of title 5” for “Sections 1071–1153 of title 5”.
## Statutory Notes and Related Subsidiaries
### Effective Date of 1980 Amendment
Amendment by effective , see , set out as a note under .
### Effective Date of 1978 Amendment
Amendment by effective 90 days after , see , set out as a note under , Government Organization and Employees.
Amendment by effective on first day of first applicable pay period beginning on or after 90th day after , see , set out as an Effective Date note under .