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SEC. 848. COMMERCIAL ITEM
DETERMINATIONS. Section 2380
of title 10, United States Code, is amended—
(1) by striking “The Secretary” and
inserting “(a) In General.—The Secretary”; and
(2) by adding at the end the following new subsection:
“(b) Items Previously Acquired Using
Commercial Item Acquisition Procedures.—
“(1) DETERMINATIONS.—A contract for
an item acquired using commercial item acquisition
procedures under part 12 of the Federal Acquisition
Regulation shall serve as a prior commercial item
determination with respect to such item for purposes of this
chapter unless the senior procurement executive of the
military department or the Department of Defense as
designated for purposes of section 1702(c) of title 41
determines in writing that it is no longer appropriate to
acquire the item using commercial item acquisition
procedures.
“(2) LIMITATION.— (A) Except as provided under subparagraph
(B), funds appropriated or otherwise made available to the
Department of Defense may not be used for the procurement
under part 15 of the Federal Acquisition Regulation of an
item that was previously acquired under a contract using
commercial item acquisition procedures under part 12 of the
Federal Acquisition Regulation.
“(B) The limitation under subparagraph (A) does not apply to
the procurement of an item that was previously acquired
using commercial item acquisition procedures under part 12
of the Federal Acquisition Regulation following—
“(i) a written determination by
the head of contracting activity pursuant to section
2306a(b)(4)(B) of this title that the use of such
procedures was improper; or
“(ii) a written determination by the senior procurement
executive of the military department or the Department of
Defense as designated for purposes of section 1702(c) of
title 41 that it is no longer appropriate to acquire the
item using such procedures.”.
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Commercial item determinations (sec.
848)
The Senate amendment contained a
provision (sec. 853) that would amend section 2380 of title 10,
United States Code, to clarify that a contract or sub-contract
relating to the prior acquisition of an item using commercial
item acquisition procedures under part 12 of the Federal
Acquisition Regulation (FAR) should serve as a prior commercial
item determination under this section of title 10.
The House bill contained no similar
provision.
The House recedes with an amendment that
would designate the senior procurement executive of the military
department or Department of Defense as the responsible official
for reversing a prior commercial item determination and limits
the scope of the provision to prime contracts. |
