-CITE-
    10 USC CHAPTER 140 - PROCUREMENT OF COMMERCIAL ITEMS        01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle A - General Military Law
    PART IV - SERVICE, SUPPLY, AND PROCUREMENT
    CHAPTER 140 - PROCUREMENT OF COMMERCIAL ITEMS

-HEAD-
               CHAPTER 140 - PROCUREMENT OF COMMERCIAL ITEMS           

-MISC1-
    Sec.                                                     
    2375.       Relationship of commercial item provisions to other
                 provisions of law.                                   
    2376.       Definitions.                                          
    2377.       Preference for acquisition of commercial items.       
    2378.       Procurement of copier paper containing specified
                 percentages of post-consumer recycled content.       
    2379.       Requirement for determination by Secretary of Defense
                 and notification to Congress before procurement of
                 major weapon systems as commercial items.            

                                AMENDMENTS                            
      2006 - Pub. L. 109-163, div. A, title VIII, Sec. 803(a)(2), Jan.
    6, 2006, 119 Stat. 3371, added item 2379.
      1997 - Pub. L. 105-85, div. A, title III, Sec. 350(b), Nov. 18,
    1997, 111 Stat. 1692, added item 2378.

-End-



-CITE-
    10 USC Sec. 2375                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle A - General Military Law
    PART IV - SERVICE, SUPPLY, AND PROCUREMENT
    CHAPTER 140 - PROCUREMENT OF COMMERCIAL ITEMS

-HEAD-
    Sec. 2375. Relationship of commercial item provisions to other
      provisions of law

-STATUTE-
      (a) Applicability of Title. - Unless otherwise specifically
    provided, nothing in this chapter shall be construed as providing
    that any other provision of this title relating to procurement is
    inapplicable to the procurement of commercial items.
      (b) List of Laws Inapplicable to Contracts for the Acquisition of
    Commercial Items. - No contract for the procurement of a commercial
    item entered into by the head of an agency shall be subject to any
    law properly listed in the Federal Acquisition Regulation (pursuant
    to section 34 of the Office of Federal Procurement Policy Act (41
    U.S.C. 430)).
      (c) Cross Reference to Exception to Cost or Pricing Data
    Requirements for Commercial Items. - For a provision relating to an
    exception for requirements for cost or pricing data for contracts
    for the procurement of commercial items, see section 2306a(b) of
    this title.

-SOURCE-
    (Added Pub. L. 103-355, title VIII, Sec. 8102, Oct. 13, 1994, 108
    Stat. 3390; amended Pub. L. 105-85, div. A, title X, Sec.
    1073(a)(51), Nov. 18, 1997, 111 Stat. 1903; Pub. L. 107-107, div.
    A, title X, Sec. 1048(a)(18), Dec. 28, 2001, 115 Stat. 1223.)


-MISC1-
                                AMENDMENTS                            
      2001 - Subsec. (b). Pub. L. 107-107 inserted "(41 U.S.C. 430)"
    after "section 34 of the Office of Federal Procurement Policy Act".
      1997 - Subsec. (c). Pub. L. 105-85 substituted "a provision
    relating to an exception" for "provisions relating to exceptions"
    and "section 2306a(b)" for "section 2306a(d)".

                              EFFECTIVE DATE                          
      For effective date and applicability of chapter, see section
    10001 of Pub. L. 103-355 set out as an Effective Date of 1994
    Amendment note under section 251 of Title 41, Public Contracts.

-End-



-CITE-
    10 USC Sec. 2376                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle A - General Military Law
    PART IV - SERVICE, SUPPLY, AND PROCUREMENT
    CHAPTER 140 - PROCUREMENT OF COMMERCIAL ITEMS

-HEAD-
    Sec. 2376. Definitions

-STATUTE-
      In this chapter:
        (1) The terms "commercial item", "nondevelopmental item",
      "component", and "commercial component" have the meanings
      provided in section 4 of the Office of Federal Procurement Policy
      Act (41 U.S.C. 403).
        (2) The term "head of an agency" means the Secretary of
      Defense, the Secretary of Homeland Security, and the
      Administrator of the National Aeronautics and Space
      Administration.
        (3) The term "agency" means the Department of Defense, the
      Coast Guard, and the National Aeronautics and Space
      Administration.

-SOURCE-
    (Added Pub. L. 103-355, title VIII, Sec. 8103, Oct. 13, 1994, 108
    Stat. 3390; amended Pub. L. 107-107, div. A, title X, Sec.
    1048(a)(19), Dec. 28, 2001, 115 Stat. 1223; Pub. L. 107-296, title
    XVII, Sec. 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.)


-MISC1-
                                AMENDMENTS                            
      2002 - Par. (2). Pub. L. 107-296 substituted "of Homeland
    Security" for "of Transportation".
      2001 - Par. (1). Pub. L. 107-107 inserted "(41 U.S.C. 403)" after
    "section 4 of the Office of Federal Procurement Policy Act".

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Amendment by Pub. L. 107-296 effective on the date of transfer of
    the Coast Guard to the Department of Homeland Security, see section
    1704(g) of Pub. L. 107-296, set out as a note under section 101 of
    this title.

-End-



-CITE-
    10 USC Sec. 2377                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle A - General Military Law
    PART IV - SERVICE, SUPPLY, AND PROCUREMENT
    CHAPTER 140 - PROCUREMENT OF COMMERCIAL ITEMS

-HEAD-
    Sec. 2377. Preference for acquisition of commercial items

-STATUTE-
      (a) Preference. - The head of an agency shall ensure that, to the
    maximum extent practicable - 
        (1) requirements of the agency with respect to a procurement of
      supplies or services are stated in terms of - 
          (A) functions to be performed;
          (B) performance required; or
          (C) essential physical characteristics;

        (2) such requirements are defined so that commercial items or,
      to the extent that commercial items suitable to meet the agency's
      needs are not available, nondevelopmental items other than
      commercial items, may be procured to fulfill such requirements;
      and
        (3) offerors of commercial items and nondevelopmental items
      other than commercial items are provided an opportunity to
      compete in any procurement to fill such requirements.

      (b) Implementation. - The head of an agency shall ensure that
    procurement officials in that agency, to the maximum extent
    practicable - 
        (1) acquire commercial items or nondevelopmental items other
      than commercial items to meet the needs of the agency;
        (2) require prime contractors and subcontractors at all levels
      under the agency contracts to incorporate commercial items or
      nondevelopmental items other than commercial items as components
      of items supplied to the agency;
        (3) modify requirements in appropriate cases to ensure that the
      requirements can be met by commercial items or, to the extent
      that commercial items suitable to meet the agency's needs are not
      available, nondevelopmental items other than commercial items;
        (4) state specifications in terms that enable and encourage
      bidders and offerors to supply commercial items or, to the extent
      that commercial items suitable to meet the agency's needs are not
      available, nondevelopmental items other than commercial items in
      response to the agency solicitations;
        (5) revise the agency's procurement policies, practices, and
      procedures not required by law to reduce any impediments in those
      policies, practices, and procedures to the acquisition of
      commercial items; and
        (6) require training of appropriate personnel in the
      acquisition of commercial items.

      (c) Preliminary Market Research. - (1) The head of an agency
    shall conduct market research appropriate to the circumstances - 
        (A) before developing new specifications for a procurement by
      that agency; and
        (B) before soliciting bids or proposals for a contract in
      excess of the simplified acquisition threshold.

      (2) The head of an agency shall use the results of market
    research to determine whether there are commercial items or, to the
    extent that commercial items suitable to meet the agency's needs
    are not available, nondevelopmental items other than commercial
    items available that - 
        (A) meet the agency's requirements;
        (B) could be modified to meet the agency's requirements; or
        (C) could meet the agency's requirements if those requirements
      were modified to a reasonable extent.

      (3) In conducting market research, the head of an agency should
    not require potential sources to submit more than the minimum
    information that is necessary to make the determinations required
    in paragraph (2).

-SOURCE-
    (Added Pub. L. 103-355, title VIII, Sec. 8104(a), Oct. 13, 1994,
    108 Stat. 3390.)

-End-



-CITE-
    10 USC Sec. 2378                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle A - General Military Law
    PART IV - SERVICE, SUPPLY, AND PROCUREMENT
    CHAPTER 140 - PROCUREMENT OF COMMERCIAL ITEMS

-HEAD-
    Sec. 2378. Procurement of copier paper containing specified
      percentages of post-consumer recycled content

-STATUTE-
      (a) Procurement Requirement. - (1) Except as provided in
    subsections (b) and (c), a department or agency of the Department
    of Defense may not procure copying machine paper after the
    applicable date specified in paragraph (2) unless the percentage of
    post-consumer recycled content of the paper meets the percentage
    then in effect under such paragraph.
      (2) The percentage of post-consumer recycled content of paper
    required under paragraph (1) is as follows:
        (A) 20 percent as of January 1, 1998.
        (B) 30 percent as of January 1, 1999.
        (C) 50 percent as of January 1, 2004.

      (b) Exceptions. - A department or agency of the Department of
    Defense is not required to procure copying machine paper containing
    a percentage of post-consumer recycled content that meets the
    applicable requirement in subsection (a) if the Secretary concerned
    determines that one or more of the following circumstances apply
    with respect to that procurement:
        (1) The cost of procuring copying machine paper satisfying the
      applicable requirement significantly exceeds the cost of
      procuring copying machine paper containing a percentage of post-
      consumer recycled content that does not meet such requirement.
      The Secretary concerned shall establish the cost differential to
      be applied under this paragraph.
        (2) Copying machine paper containing a percentage of post-
      consumer recycled content meeting such requirement is not
      reasonably available within a reasonable period of time.
        (3) Copying machine paper containing a percentage of post-
      consumer recycled content meeting such requirement does not meet
      performance standards of the department or agency for copying
      machine paper.

      (c) Effect of Inability To Meet Goal in 2004. - (1) In the case
    of the requirement that will take effect on January 1, 2004,
    pursuant to subsection (a)(2)(C), the requirement shall not take
    effect with respect to a military department or Defense Agency if
    the Secretary of Defense determines that the department or agency
    will be unable to meet such requirement by that date.
      (2) The Secretary shall submit to Congress written notice of any
    determination made under paragraph (1) and the reasons for the
    determination. The Secretary shall submit such notice, if at all,
    not later than January 1, 2003.
      (d) Secretary Concerned Defined. - In this section, the term
    "Secretary concerned" means the Secretary of each military
    department and the Secretary of Defense with respect to the Defense
    Agencies.

-SOURCE-
    (Added Pub. L. 105-85, div. A, title III, Sec. 350(a), Nov. 18,
    1997, 111 Stat. 1691.)

-End-



-CITE-
    10 USC Sec. 2379                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle A - General Military Law
    PART IV - SERVICE, SUPPLY, AND PROCUREMENT
    CHAPTER 140 - PROCUREMENT OF COMMERCIAL ITEMS

-HEAD-
    Sec. 2379. Requirement for determination by Secretary of Defense
      and notification to Congress before procurement of major weapon
      systems as commercial items

-STATUTE-
      (a) Requirement for Determination and Notification. - A major
    weapon system of the Department of Defense may be treated as a
    commercial item, or purchased under procedures established for the
    procurement of commercial items, only if - 
        (1) the Secretary of Defense determines that - 
          (A) the major weapon system is a commercial item, as defined
        in section 4(12) of the Office of Federal Procurement Policy
        Act (41 U.S.C. 403(12)); and
          (B) such treatment is necessary to meet national security
        objectives; and

        (2) the congressional defense committees are notified at least
      30 days before such treatment or purchase occurs.

      (b) Treatment of Subsystems and Components as Commercial Items. -
    A subsystem or component of a major weapon system shall be treated
    as a commercial item and purchased under procedures established for
    the procurement of commercial items if such subsystem or component
    otherwise meets the requirements (other than requirements under
    subsection (a)) for treatment as a commercial item.
      (c) Delegation. - The authority of the Secretary of Defense to
    make a determination under subsection (a) may be delegated only to
    the Deputy Secretary of Defense, without further redelegation.
      (d) Major Weapon System Defined. - In this section, the term
    "major weapon system" means a weapon system acquired pursuant to a
    major defense acquisition program (as that term is defined in
    section 2430 of this title).

-SOURCE-
    (Added Pub. L. 109-163, div. A, title VIII, Sec. 803(a)(1), Jan. 6,
    2006, 119 Stat. 3370.)


-MISC1-
                              EFFECTIVE DATE                          
      Pub. L. 109-163, div. A, title VIII, Sec. 803(b), Jan. 6, 2006,
    119 Stat. 3371, provided that: "The amendments made by subsection
    (a) [enacting this section] shall take effect on the date of the
    enactment of this Act [Jan. 6, 2006], and shall apply to contracts
    entered into on or after such date."

-End-