### Question
How does General Military Law define covered acquisition program?


### Answer
Under *10 U.S.C. § 2359b*, **covered acquisition program** is defined as:

> any acquisition program of the Department of Defense other than a major defense acquisition program, but does not include any contract awarded under an exception to competitive acquisition authorized by the Small Business Act (15 U.S.C. 631 et seq.) [2](#2359b_2_target)


(C) Level of performance.—The term “level of performance”, with respect to a nondevelopmental item, means the extent to which the item demonstrates required item functional characteristics

#### Citation:
  - *10 U.S.C. § 2359b*
  - Heading: **Subtitle A-General Military Law > PART IV-SERVICE, SUPPLY, AND PROCUREMENT > CHAPTER 139-RESEARCH AND DEVELOPMENT**

