14 U.S.C. § 308

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 308 - Chief Acquisition Officer

(a) IN GENERAL.-There shall be in the Coast Guard a Chief Acquisition Officer selected by the Commandant who shall be a Rear Admiral or civilian from the Senior Executive Service (career reserved) and who meets the qualifications set forth under subsection (b). The Chief Acquisition Officer shall serve at the Assistant Commandant level and have acquisition management as that individual's primary duty.

(b) QUALIFICATIONS.-

(1) The Chief Acquisition Officer and any flag officer serving in the Acquisition Directorate shall be an acquisition professional with a Level III acquisition management certification and must have at least 10 years experience in an acquisition position, of which at least 4 years were spent as-

(A) the program executive officer;

(B) the program manager of a Level 1 or Level 2 acquisition project or program;

(C) the deputy program manager of a Level 1 or Level 2 acquisition;

(D) the project manager of a Level 1 or Level 2 acquisition; or

(E) any other acquisition position of significant responsibility in which the primary duties are supervisory or management duties.

(2) The Commandant shall periodically publish a list of the positions designated under paragraph (1).

(3) In this subsection each of the terms "Level 1 acquisition" and "Level 2 acquisition" has the meaning that term has in chapter 11 of this title.

(c) FUNCTIONS OF THE CHIEF ACQUISITION OFFICER.-The functions of the Chief Acquisition Officer include-

(1) monitoring the performance of acquisition projects and programs on the basis of applicable performance measurements and advising the Commandant, through the chain of command, regarding the appropriate business strategy to achieve the missions of the Coast Guard;

(2) maximizing the use of full and open competition at the prime contract and subcontract levels in the acquisition of property, capabilities, assets, and services by the Coast Guard by establishing policies, procedures, and practices that ensure that the Coast Guard receives a sufficient number of sealed bids or competitive proposals from responsible sources to fulfill the Government's requirements, including performance and delivery schedules, at the lowest cost or best value considering the nature of the property, capability, asset, or service procured;

(3) making acquisition decisions in concurrence with the technical authority, or technical authorities, of the Coast Guard, as designated by the Commandant, consistent with all other applicable laws and decisions establishing procedures within the Coast Guard;

(4) ensuring the use of detailed performance specifications in instances in which performance-based contracting is used;

(5) managing the direction of acquisition policy for the Coast Guard, including implementation of the unique acquisition policies, regulations, and standards of the Coast Guard;

(6) developing and maintaining an acquisition career management program in the Coast Guard to ensure that there is an adequate acquisition workforce;

(7) assessing the requirements established for Coast Guard personnel regarding knowledge and skill in acquisition resources and management and the adequacy of such requirements for facilitating the achievement of the performance goals established for acquisition management;

(8) developing strategies and specific plans for hiring, training, and professional development;

(9) reporting to the Commandant, through the chain of command, on the progress made in improving acquisition management capability; and

(10)

(A) keeping the Commandant informed of the progress of major acquisition programs (as that term is defined in section 1171);

(B) informing the Commandant on a continuing basis of any developments on such programs that may require new or revisited trade-offs among cost, schedule, technical feasibility, and performance, including-

(i) significant cost growth or schedule slippage; and

(ii) requirements creep (as that term is defined in section 3104(c)(1) of title 10); and

(C) ensuring that the views of the Commandant regarding such programs on cost, schedule, technical feasibility, and performance trade-offs are strongly considered by program managers and program executive officers in all phases of the acquisition process.

14 U.S.C. § 308

Added Pub. L. 111-281, title IV, §401(a), Oct. 15, 2010, 124 Stat. 2929, §56; amended Pub. L. 114-328, div. A, title VIII, §899(a), Dec. 23, 2016, 130 Stat. 2332; renumbered §308 and amended Pub. L. 115-282, title I, §§104(b), 123 (4), Dec. 4, 2018, 132 Stat. 4196, 4240, 4241; Pub. L. 117-81, div. A, title XVII, §1702(d)(1), Dec. 27, 2021, 135 Stat. 2156.

EDITORIAL NOTES

PRIOR PROVISIONSA prior section 308, act Aug. 4, 1949, ch. 393, 63 Stat. 519, provided for retired pay of warrant officers involuntarily retired under section 307, prior to repeal by act May 29, 1954, ch. 249, §20(o), 68 Stat. 167, and by Pub. L. 88-130, §1(10)(A), Sept. 24, 1963, 77 Stat. 177.

AMENDMENTS2021-Subsec. (c)(10)(B)(ii). Pub. L. 117-81 substituted "section 3104(c)(1)" for "section 2547(c)(1)".2018- Pub. L. 115-282, §104(b), renumbered section 56 of this title as this section.Subsec. (b)(3). Pub. L. 115-282, §123(c)(4), substituted "chapter 11" for "chapter 15".Subsec. (c)(10)(A). Pub. L. 115-282, §123(b)(2), substituted "section 1171" for "section 581". 2016-Subsec. (c)(10). Pub. L. 114-328 added par. (10).

STATUTORY NOTES AND RELATED SUBSIDIARIES

SELECTION DEADLINE Pub. L. 111-281, title IV, §401(c), Oct. 15, 2010, 124 Stat. 2930, provided that: "As soon as practicable after the date of enactment of this Act [Oct. 15, 2010], but no later than October 1, 2011, the Commandant of the Coast Guard shall select a Chief Acquisition Officer under section 56 [now 308] of title 14, United States Code, as amended by this section."

SPECIAL RATE SUPPLEMENTS Pub. L. 111-281, title IV, §401(d), Oct. 15, 2010, 124 Stat. 2930, as amended by Pub. L. 111-330, §1(3), Dec. 22, 2010, 124 Stat. 3569, provided that:"(1) REQUIREMENT TO ESTABLISH.-Not later than 1 year after the date of enactment of this Act [Oct. 15, 2010] and in accordance with section 9701.333 of title 5, Code of Federal Regulations, the Commandant of the Coast Guard shall establish special rate supplements that provide higher pay levels for employees necessary to carry out the amendment made by this section [enacting this section]."(2) SUBJECT TO APPROPRIATIONS.-The requirement under paragraph (1) is subject to the availability of appropriations."

ELEVATION OF DISPUTES TO THE CHIEF ACQUISITION OFFICER Pub. L. 111-281, title IV, §401(e), Oct. 15, 2010, 124 Stat. 2931, which directed the Commandant to provide to Congress a description of the issues involved in disputes elevated to the Chief Acquisition Officer that remained unresolved after 90 days, was repealed by Pub. L. 116-283 title LVXXXV [LXXXV], §8501(a)(4), Jan. 1, 2021, 134 Stat. 4745.