NDAA for Fiscal Year 2012

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TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS Subtitle F--Provisions Relating to Commercial Items
P. L. 114-	House Conference Report. 114-840
SEC. 877. TREATMENT OF COMMINGLED ITEMS PURCHASED BY CONTRACTORS AS COMMERCIAL ITEMS. (a) In General.—Chapter 140 of title 10, United States Code, is amended by adding at the end the following new section: “§ 2380B. Treatment of commingled items purchased by contractors as commercial items “Notwithstanding 2376(1) of this title, items valued at less than $10,000 that are purchased by a contractor for use in the performance of multiple contracts with the Department of Defense and other parties and are not identifiable to any particular contract shall be treated as a commercial item for purposed of this chapter.”. (b) Clerical Amendment.—The table of sections for such chapter is amended by inserting after the item relating to section 2380A the following new item: “2380B. Treatment of items purchased prior to release of prime contract requests for proposals as commercial items.”.	Treatment of commingled items purchased by contractors as commercial items (sec. 877) The Senate bill contained a provision (sec. 865) that would add a new section to chapter 140 of title 10, United Stated Code, to treat the purchase of items valued at less than $10,000 prior to the release of a government request for proposal as a commercial item. The House amendment contained no similar provision. The House recedes with an amendment that would clarify that items procured by any contractor for use in the performance of multiple contracts with the Department of Defense and other parties and are not identifiable to any particular contract should be treated as commercial items.