10 U.S.C. § 3456

Editorial Notes

Amendments

Pub. L. 119–60, § 1822(b)(1)2025—Subsec. (a)(2). , amended par. (2) generally. Prior to amendment, par. (2) read as follows: “provide to officials of the Department of Defense access to previous Department of Defense commercial product and commercial service determinations, market research, and analysis used to determine the reasonableness of price for the purposes of procurements by the Department of Defense.”

Pub. L. 119–60, § 1822(b)(2)section 3453(d)(1)(B) of this titleSubsec. (b)(2). , inserted “The contracting officer shall consider the results in the memorandum of the program manager required under when developing the memorandum required under this paragraph.” after “commercial or noncommercial.”

Pub. L. 118–159section 1702(c) of title 412024—Subsec. (c)(1). added par. (1) and struck out former par. (1). Prior to amendment, text read as follows: “A contract for a product or service acquired using commercial acquisition procedures under part 12 of the Federal Acquisition Regulation shall serve as a prior commercial product or service determination with respect to such product or service for purposes of this chapter unless the senior procurement executive of the military department or the Department of Defense as designated for purposes of determines in writing that it is no longer appropriate to acquire the product or service using commercial acquisition procedures.”

Pub. L. 118–312023—Subsec. (b)(2). substituted “why the product or service was determined to be commercial or noncommercial” for “for such determination” and inserted at end “Upon the request of the contractor or subcontractor offering the product or service for which such determination is summarized in such memorandum, the contracting officer shall provide to such contractor or subcontractor a copy of such memorandum.”

Pub. L. 116–283, § 1821(a)(2)section 2380 of this title2021—, renumbered as this section.

Pub. L. 116–283, § 816(2)Subsec. (b). , added subsec. (b). Former subsec. (b) redesignated (c).

Pub. L. 116–283, § 1831(j)(5)section 2380 of this titlePub. L. 117–81, § 1701(b)(10)(I)(ii)Pub. L. 116–283, § 1821(b)(5)Subsec. (b)(2)(B)(i). , which directed amendment of subsec. (b)(2)(B)(i) of (now subsec. (c)(2)(B)(i) of this section) by substituting “section 3703(d)(2)” for “section 2306a(b)(4)(B)”, was repealed by . Identical amendment was made to subsec. (c)(2)(B)(i) of this section by , see below.

Pub. L. 116–283, § 816(1)Subsec. (c). , redesignated subsec. (b) as (c).

Pub. L. 116–283, § 1821(b)(5)Pub. L. 117–81, § 1701(b)(9)Subsec. (c)(2)(B)(i). , as amended by , substituted “section 3703(d)(2)” for “section 2306a(b)(4)(B)”.

Pub. L. 115–232, § 836(d)(8)(E)2018—, substituted “Commercial product and commercial service” for “Commercial item” in section catchline.

Pub. L. 115–232, § 836(d)(5)(A)Subsec. (a). , substituted “commercial product and commercial service determinations” for “commercial item determinations” in pars. (1) and (2).

Pub. L. 115–232, § 836(d)(5)(B)(i)Subsec. (b). –(iii), in heading, struck out “Item” after “Commercial” and, in text, substituted “a product or service” for “an item” and struck out “item” after “using commercial” wherever appearing.

Pub. L. 115–232, § 836(d)(5)(B)(iv)Subsec. (b)(1). –(vi) substituted “prior commercial product or service determination” for “prior commercial item determination”, “such product or service” for “such item”, and “the product or service” for “the item”.

Pub. L. 115–232, § 836(d)(5)(B)(vi)Subsec. (b)(2)(B)(ii). , substituted “the product or service” for “the item”.

Pub. L. 115–912017— designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

Pub. L. 114–3282016—Pars. (1), (2). amended pars. (1) and (2) generally. Prior to amendment, pars. (1) and (2) read as follows:

“(1) establish and maintain a centralized capability with necessary expertise and resources to oversee the making of commercial item determinations for the purposes of procurements by the Department of Defense; and

“(2) provide public access to Department of Defense commercial item determinations for the purposes of procurements by the Department of Defense.”

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Pub. L. 117–81Pub. L. 116–283section 1701(a)(2) of Pub. L. 117–81section 3001 of this titleAmendment by applicable as if included in the enactment of title XVIII of as enacted, see , set out in a note preceding and note below.

Pub. L. 116–283Jan. 1, 2022section 1801(d) of Pub. L. 116–283section 3001 of this titleAmendment by sections 1821(a)(2), (b)(5) and 1831(j)(5) of 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 effective , subject to a savings provision, see , set out as an Effective Date of 2018 Amendment; Savings Provision note under , Domestic Security.

Regulations

Pub. L. 114–92, div. A, title VIII, § 851(d)Nov. 25, 2015129 Stat. 917

Construction

Pub. L. 114–92, div. A, title VIII, § 851(e)Nov. 25, 2015129 Stat. 917

Definition of Commercial Item

Pub. L. 114–92, div. A, title VIII, § 851(c)Nov. 25, 2015129 Stat. 917