Page:United States Statutes at Large Volume 108 Part 4.djvu/752

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108 STAT. 3386 PUBLIC LAW 103-355—OCT. 13, 1994 "(B) Any previously developed item of supply that is in use by a department or agency of the United States, a State or local government, or a foreign government with which the United States has a mutual defense cooperation agreement. "(C) Any item of supply described in subparagraph (A) or (B) that requires only minor modification or modification of the type customarily available in the commercial marketplace in order to meet the requirements of the procuring department or agency. "(D) Any item of supply currently being produced that does not meet the requirements of subparagraph (A), (B), or (C) solely because the item is not yet in use. "(14) The term 'component' means any item supplied to the Federal Government as part of an end item or of another component. "(15) The term 'commercial component' means any component that is a commercial item.". (b) STYLISTIC AMENDMENTS.— Such section is further amended— (1) by striking out "Act—" in the matter preceding paragraph (1) and inserting in lieu thereof "Act:"; (2) by capitalizing the first letter of the first word in each of paragraphs (1) through (11); (3) by striking out the semicolon at the end of each of paragraphs (1), (2), (3), (5), (6), (7), (8), and (9) and inserting in lieu thereof a period; and (4) by striking out "; and" at the end of paragraphs (4) and (10) and inserting in lieu thereof a period. 41 USC 264 SEC. 8002. REGULATIONS ON ACQUISITION OF COMMERCIAL ITEMS. (a) IN GENERAL.—The Federal Acquisition Regulation shall provide regulations to implement paragraphs (12) through (15) of section 4 of the Office of Federal Procurement Policy Act, chapter 140 of title 10, United States Code, and sections 314 through 314B of the Federal Property and Administrative Services Act of 1949. (b) CONTRACT CLAUSES.— (1) The regulations prescribed under subsection (a) shall contain a list of contract clauses to be included in contracts for the acquisition of commercial end items. Such list shall, to the maximum extent practicable, include only those contract clauses— (A) that are required to implement provisions of law or executive orders applicable to acquisitions of commercial items or commercial components, as the case may be; or (B) that are determined to be consistent with standard commercial practice. (2) Such regulations shall provide that a prime contractor shall not be required by the Federal (xovernment to apply to any of its divisions, subsidiaries, affiliates, subcontractors, or suppliers that are furnishing commercial items any contract clause except those— (A) that are required to implement provisions of law or executive orders applicable to subcontractors furnishing commercial items or commercial components, as the case may be; or