10 U.S.C. § 3452

Editorial Notes

References in Text

section 805 of Pub. L. 118–31section 4651 of this titleSection 805 of the National Defense Authorization Act for Fiscal Year 2024, referred to in subsec. (e)(3), is , which is set out as a note preceding .

Prior Provisions

Pub. L. 85–861, § 1(81)(E)Sept. 2, 195872 Stat. 1480Pub. L. 96–513, title II, § 207Dec. 12, 198094 Stat. 2884Sept. 15, 1981A prior section 3452, added , , , provided that, notwithstanding any other provision of law, an officer of Medical Corps or Dental Corps may be promoted to temporary grade of captain at any time after first anniversary of date upon which he graduated from a medical, osteopathic, or dental school, prior to repeal by , title VII, § 701, , , 2955, effective .

Amendments

Pub. L. 119–602025—Subsecs. (b) to (e). added subsecs. (b) to (e) and struck out former subsecs. (b) to (e) which related to applicability of defense-unique statutes to contracts for commercial products and commercial services, applicability of defense-unique statutes to subcontracts for commercial products and commercial services, applicability of defense-unique statutes to contracts for commercially available, off-the-shelf items, and covered provision of law or contract clause requirement, respectively.

Pub. L. 116–283, § 1821(a)(2)section 2375 of this title2021—, renumbered as this section.

Pub. L. 116–283Subsec. (e)(2). , §§ 1821(b)(2), 1870(c)(6)(A), made identical amendments, substituting “section 4862” for “section 2533a” and “section 4863” for “section 2533b”. Section 1870(c)(6)(A) amended former section 2375 while section 1821(b)(2) amended this section. See Amendment note above.

Pub. L. 116–922019—Subsecs. (b)(2), (c)(2), (d)(2), (e). substituted “Under Secretary of Defense for Acquisition and Sustainment” for “Under Secretary of Defense for Acquisition, Technology, and Logistics”.

Pub. L. 115–232, § 836(d)(8)(B)2018—, substituted “Relationship of other provisions of law to procurement of commercial products and commercial services” for “Relationship of commercial item provisions to other provisions of law” in section catchline.

Pub. L. 115–232, § 836(d)(1)(A)Subsec. (a)(1), (2). , substituted “commercial product or commercial service” for “commercial item”.

Pub. L. 115–232, § 836(d)(1)(B)Subsec. (b). , in heading, substituted “Commercial Products and Commercial Services” for “Commercial Items” and, in text, substituted “commercial products and commercial services” for “commercial items” wherever appearing.

Pub. L. 115–232, § 837(a)October 13, 1994January 1, 2015Subsec. (b)(2). , substituted “” for “”.

Pub. L. 115–232, § 836(d)(1)(B)Subsec. (c). , in heading, substituted “Commercial Products and Commercial Services” for “Commercial Items” and, in text, substituted “commercial products and commercial services” for “commercial items” wherever appearing.

Pub. L. 115–232, § 836(d)(1)(C)Subsec. (e)(3). , substituted “commercial products and commercial services” for “commercial items”.

Pub. L. 114–3282016— amended section generally. Prior to amendment, text read as follows:

Applicability of Title“(a) .—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.

List of Laws Inapplicable to Contracts for the Acquisition of Commercial Itemssection 1906 of title 41“(b) .—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 ).

Cross Reference to Exception to Cost or Pricing Data Requirements for Commercial Itemssection 2306a(b) of this title“(c) .—For a provision relating to an exception for requirements for cost or pricing data for contracts for the procurement of commercial items, see .”

Pub. L. 111–350section 1906 of title 4141 U.S.C. 4302011—Subsec. (b). substituted “” for “section 34 of the Office of Federal Procurement Policy Act ()”.

Pub. L. 107–10741 U.S.C. 4302001—Subsec. (b). inserted “()” after “section 34 of the Office of Federal Procurement Policy Act”.

Pub. L. 105–851997—Subsec. (c). substituted “a provision relating to an exception” for “provisions relating to exceptions” and “section 2306a(b)” for “section 2306a(d)”.

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Pub. L. 116–283Jan. 1, 2022section 1801(d) of Pub. L. 116–283section 3001 of this titleAmendment by effective , with additional provisions for delayed implementation and applicability of existing law, see , set out as a note preceding .

Effective Date of 2018 Amendment

Pub. L. 115–232Jan. 1, 2020section 836(h) of Pub. L. 115–232section 453b of Title 6Amendment by section 836(d)(1), (8)(B) of effective , subject to a savings provision, see , set out as an Effective Date of 2018 Amendment; Savings Provision note under , Domestic Security.

Effective Date

section 10001 of Pub. L. 103–355section 8752 of this titleFor effective date and applicability of chapter, see set out as an Effective Date of 1994 Amendment note under .

Changes to Defense Federal Acquisition Regulation Supplement

Pub. L. 114–328, div. A, title VIII, § 874(b)Dec. 23, 2016130 Stat. 2310Pub. L. 116–92, div. A, title IX, § 902(58)Dec. 20, 2019133 Stat. 1549

Provisions Not Affected by Title VIII of Pub. L. 103–355

Pub. L. 103–355, title VIII, § 8304Oct. 13, 1994108 Stat. 3398Pub. L. 115–232, div. A, title VIII, § 812(a)(2)(C)(iii)Aug. 13, 2018132 Stat. 1847