Page:United States Statutes at Large Volume 108 Part 4.djvu/756

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108 STAT. 3390 PUBLIC LAW 103-355 —OCT. 13, 1994 SEC. 8102. RELATIONSHIP TO OTHER PROVISIONS OF LAW. Chapter 140 of title 10, United States Code, as added by section 8101, is amended by adding after the table of sections the following:

    • § 2375. Relationship of commercial item provisions to other

provisions of law "(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). "(c) CROSS REFERENCE TO EXCEPTION TO COST OR PRICING DATA REQUIREMENTS FOR COMMERCIAL ITEMS. — For provisions relating to exceptions for requirements for cost or pricing data for contracts for the procurement of commercial items, see section 2306a(d) of this title. ". SEC. 8103. DEFINITIONS. Chapter 140 of title 10, United States Code, as amended by section 8102, is further amended by adding after section 2375 the following new section: §2376. Definitions "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 olicy Act. ' (2) The term 'head of an agency means the Secretary of Defense, the Secretary of Transportation, and the Administrator of the National Aeronautics and Space Administration. "(3) The term 'agenc}^ means the Department of Defense, the Coast Guard, and the National Aeronautics and Space Administration.", SEC. 8104. PREFERENCE FOR ACQUISITION OF COMMERCIAL ITEMS. (a) IN GENERAL. —Chapter 140 of title 10, United States Code, as amended by section 8103, is further amended by adding after section 2376 the following new section:

    • § 2377. Preference for acquisition of commercial items

"(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