Legal corpus: U.S. Code titles 1–11 from pinned OLRC XML (11,050 sections)
Raw OLRC USLM XML zips @ release 119-100 (retrieved 2026-07-04 via Atlas depot), ingested with the standard pipeline: raw snapshot -> per-section OKF markdown -> manifest + checksums. Title 52 untouched. LegalText: 171 -> 11,221. Titles 12-54 await a clean OLRC retry. Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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type: "LegalText"
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title: "10 U.S.C. § 3451"
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description: "Definitions"
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title_name: "ARMED FORCES"
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chapter_number: "247"
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chapter_name: "PROCUREMENT OF COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES"
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section: "3451"
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citation: "10 U.S.C. § 3451"
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---
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# 10 U.S.C. § 3451 - Definitions
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## Text
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In this chapter:
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(1) The terms “commercial product”, “commercial service”, “nondevelopmental item”, “component”, and “commercial component” have the meanings provided in sections 103, 103a, 110, 105, and 102, respectively, of title 41.
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(2) The term “head of an agency” means the Secretary of Defense, the Secretary of Homeland Security, and the Administrator of the National Aeronautics and Space Administration.
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(3) The term “agency” means the Department of Defense, the Coast Guard, and the National Aeronautics and Space Administration.
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(Added Pub. L. 103–355, title VIII, § 8103, Oct. 13, 1994, 108 Stat. 3390, § 2376; amended Pub. L. 107–107, div. A, title X, § 1048(a)(19), Dec. 28, 2001, 115 Stat. 1223; Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 111–350, § 5(b)(22), Jan. 4, 2011, 124 Stat. 3844; Pub. L. 115–232, div. A, title VIII, § 836(d)(2), Aug. 13, 2018, 132 Stat. 1866; renumbered § 3451 and amended Pub. L. 116–283, div. A, title XVIII, § 1821(a)(2), (b)(1)(A), Jan. 1, 2021, 134 Stat. 4195.)
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## Notes
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Editorial Notes
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Prior ProvisionsA prior section 3451, act Aug. 10, 1956, ch. 1041, 70A Stat. 197, provided that an officer who is promoted to a temporary grade is considered to have accepted his promotion on the date of the order announcing it, unless he expressly declines the promotion, prior to repeal by Pub. L. 96–513, title II, § 207, title VII, § 701, Dec. 12, 1980, 94 Stat. 2884, 2955, effective Sept. 15, 1981.
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Amendments2021—Pub. L. 116–283, § 1821(b)(1)(A), transferred this section so as to precede section 3452 and appear at the beginning of this chapter. Pub. L. 116–283, § 1821(a)(2), renumbered section 2376 of this title as this section. 2018—Par. (1). Pub. L. 115–232 substituted “terms ‘commercial product’, ‘commercial service’,” for “terms ‘commercial item’,” and “sections 103, 103a, 110, 105, and 102, respectively, of title 41” for “chapter 1 of title 41”. 2011—Par. (1). Pub. L. 111–350 substituted “chapter 1 of title 41” for “section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403)”. 2002—Par. (2). Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”. 2001—Par. (1). Pub. L. 107–107 inserted “(41 U.S.C. 403)” after “section 4 of the Office of Federal Procurement Policy Act”.
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Statutory Notes and Related Subsidiaries
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Effective Date of 2021 AmendmentAmendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.
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Effective Date of 2018 AmendmentAmendment by Pub. L. 115–232 effective Jan. 1, 2020, subject to a savings provision, see section 836(h) of Pub. L. 115–232, set out as an Effective Date of 2018 Amendment; Savings Provision note under section 453b of Title 6, Domestic Security.
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Effective Date of 2002 AmendmentAmendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of this title.
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---
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type: "LegalText"
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title: "10 U.S.C. § 3452"
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description: "Relationship of other provisions of law to procurement of commercial products and commercial services"
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title_number: 10
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title_name: "ARMED FORCES"
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chapter_number: "247"
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chapter_name: "PROCUREMENT OF COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES"
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section: "3452"
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citation: "10 U.S.C. § 3452"
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---
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# 10 U.S.C. § 3452 - Relationship of other provisions of law to procurement of commercial products and commercial services
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## Text
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(a) Applicability of Government-wide Statutes.— (1) No contract for the procurement of a commercial product or commercial service entered into by the head of an agency shall be subject to any law properly listed in the Federal Acquisition Regulation pursuant to section 1906(b) of title 41.
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(2) No subcontract under a contract for the procurement of a commercial product or commercial service entered into by the head of an agency shall be subject to any law properly listed in the Federal Acquisition Regulation pursuant to section 1906(c) of title 41.
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(3) No contract for the procurement of a commercially available off-the-shelf 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 1907 of title 41.
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(b) Applicability of Defense-unique Statutes to Contracts for Commercial Products and Commercial Services.— The Department of Defense Supplement to the Federal Acquisition Regulation shall include a list of defense-unique contract clause requirements based on laws, executive orders, or acquisition policies that may be applied to contracts for the procurement of commercial products and commercial services entered into by the Department of Defense.
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(c) Applicability of Defense-unique Statutes to Subcontracts for Commercial Products and Commercial Services.— (1) The Department of Defense Supplement to the Federal Acquisition Regulation shall include a list of defense-unique contract clause requirements based on laws, executive orders, or acquisition policies that may be applied to subcontracts for the procurement of commercial products and commercial services.
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(2) In this subsection, the term “subcontract”—
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(A) includes a transfer of commercial products and commercial services between divisions, subsidiaries, or affiliates of a contractor or subcontractor; and
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(B) does not include any agreement entered into by a contractor or subcontractor for the supply of products or services that are intended for use in the performance of multiple contracts with the Department of Defense or with other parties, and that are not identifiable to any particular contract.
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(3) This subsection does not authorize the waiver of the applicability of any provision of law or contract clause requirement with respect to any first-tier subcontract under a contract with a prime contractor reselling or distributing commercial products and commercial services of another contractor without adding value.
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(d) Applicability of Defense-unique Statutes to Contracts or Subcontracts for Commercially Available, Off-the-shelf Items.— The Department of Defense Supplement to the Federal Acquisition Regulation shall include a list of defense-unique contract clause requirements based on laws, executive orders, or acquisition policies that are applicable to contracts or subcontracts for the procurement of commercially available off-the-shelf items entered into by the Department of Defense.
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(e) Applicable Requirements.— The Secretary of Defense shall ensure that the lists required by subsections (b) and (c)(1) shall include any contract clause to implement the requirements of—
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(1) chapter 385 of this title;
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(2) section 5949 of the National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 41 U.S.C. 4713 note);
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(3) section 805 of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31); or
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(4) a statute that specifically refers to this section and provides that, notwithstanding this section, such statute shall be applicable to contracts for the procurement of commercial products and commercial services.
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(Added Pub. L. 103–355, title VIII, § 8102, Oct. 13, 1994, 108 Stat. 3390, § 2375; amended Pub. L. 105–85, div. A, title X, § 1073(a)(51), Nov. 18, 1997, 111 Stat. 1903; Pub. L. 107–107, div. A, title X, § 1048(a)(18), Dec. 28, 2001, 115 Stat. 1223; Pub. L. 111–350, § 5(b)(21), Jan. 4, 2011, 124 Stat. 3844; Pub. L. 114–328, div. A, title VIII, § 874(a), Dec. 23, 2016, 130 Stat. 2308; Pub. L. 115–232, div. A, title VIII, §§ 836(d)(1), (8)(B), 837(a), Aug. 13, 2018, 132 Stat. 1866, 1868, 1875; Pub. L. 116–92, div. A, title IX, § 902(57), Dec. 20, 2019, 133 Stat. 1549; renumbered § 3452 and amended Pub. L. 116–283, div. A, title XVIII, §§ 1821(a)(2), (b)(2), 1870(c)(6)(A), Jan. 1, 2021, 134 Stat. 4195, 4285; Pub. L. 119–60, div. A, title XVIII, § 1821, Dec. 18, 2025, 139 Stat. 1245.)
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## Notes
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Editorial Notes
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References in TextSection 805 of the National Defense Authorization Act for Fiscal Year 2024, referred to in subsec. (e)(3), is section 805 of Pub. L. 118–31, which is set out as a note preceding section 4651 of this title.
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Prior ProvisionsA prior section 3452, added Pub. L. 85–861, § 1(81)(E), Sept. 2, 1958, 72 Stat. 1480, provided that, notwithstanding any other provision of law, an officer of Medical Corps or Dental Corps may be promoted to temporary grade of captain at any time after first anniversary of date upon which he graduated from a medical, osteopathic, or dental school, prior to repeal by Pub. L. 96–513, title II, § 207, title VII, § 701, Dec. 12, 1980, 94 Stat. 2884, 2955, effective Sept. 15, 1981.
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Amendments2025—Subsecs. (b) to (e). Pub. L. 119–60 added subsecs. (b) to (e) and struck out former subsecs. (b) to (e) which related to applicability of defense-unique statutes to contracts for commercial products and commercial services, applicability of defense-unique statutes to subcontracts for commercial products and commercial services, applicability of defense-unique statutes to contracts for commercially available, off-the-shelf items, and covered provision of law or contract clause requirement, respectively. 2021—Pub. L. 116–283, § 1821(a)(2), renumbered section 2375 of this title as this section. Subsec. (e)(2). Pub. L. 116–283, §§ 1821(b)(2), 1870(c)(6)(A), made identical amendments, substituting “section 4862” for “section 2533a” and “section 4863” for “section 2533b”. Section 1870(c)(6)(A) amended former section 2375 while section 1821(b)(2) amended this section. See Amendment note above. 2019—Subsecs. (b)(2), (c)(2), (d)(2), (e). Pub. L. 116–92 substituted “Under Secretary of Defense for Acquisition and Sustainment” for “Under Secretary of Defense for Acquisition, Technology, and Logistics”. 2018—Pub. L. 115–232, § 836(d)(8)(B), substituted “Relationship of other provisions of law to procurement of commercial products and commercial services” for “Relationship of commercial item provisions to other provisions of law” in section catchline. Subsec. (a)(1), (2). Pub. L. 115–232, § 836(d)(1)(A), substituted “commercial product or commercial service” for “commercial item”. Subsec. (b). Pub. L. 115–232, § 836(d)(1)(B), in heading, substituted “Commercial Products and Commercial Services” for “Commercial Items” and, in text, substituted “commercial products and commercial services” for “commercial items” wherever appearing. Subsec. (b)(2). Pub. L. 115–232, § 837(a), substituted “October 13, 1994” for “January 1, 2015”. Subsec. (c). Pub. L. 115–232, § 836(d)(1)(B), in heading, substituted “Commercial Products and Commercial Services” for “Commercial Items” and, in text, substituted “commercial products and commercial services” for “commercial items” wherever appearing. Subsec. (e)(3). Pub. L. 115–232, § 836(d)(1)(C), substituted “commercial products and commercial services” for “commercial items”. 2016—Pub. L. 114–328 amended section generally. Prior to amendment, text read as follows: “(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 1906 of title 41). “(c) Cross Reference to Exception to Cost or Pricing Data Requirements for Commercial Items.—For a provision relating to an exception for requirements for cost or pricing data for contracts for the procurement of commercial items, see section 2306a(b) of this title.” 2011—Subsec. (b). Pub. L. 111–350 substituted “section 1906 of title 41” for “section 34 of the Office of Federal Procurement Policy Act (41 U.S.C. 430)”. 2001—Subsec. (b). Pub. L. 107–107 inserted “(41 U.S.C. 430)” after “section 34 of the Office of Federal Procurement Policy Act”. 1997—Subsec. (c). Pub. L. 105–85 substituted “a provision relating to an exception” for “provisions relating to exceptions” and “section 2306a(b)” for “section 2306a(d)”.
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Statutory Notes and Related Subsidiaries
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Effective Date of 2021 AmendmentAmendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.
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Effective Date of 2018 AmendmentAmendment by section 836(d)(1), (8)(B) of Pub. L. 115–232 effective Jan. 1, 2020, subject to a savings provision, see section 836(h) of Pub. L. 115–232, set out as an Effective Date of 2018 Amendment; Savings Provision note under section 453b of Title 6, Domestic Security.
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Effective DateFor effective date and applicability of chapter, see section 10001 of Pub. L. 103–355 set out as an Effective Date of 1994 Amendment note under section 8752 of this title.
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Changes to Defense Federal Acquisition Regulation SupplementPub. L. 114–328, div. A, title VIII, § 874(b), Dec. 23, 2016, 130 Stat. 2310, as amended by Pub. L. 116–92, div. A, title IX, § 902(58), Dec. 20, 2019, 133 Stat. 1549, provided that: “(1) In general.—To the maximum extent practicable, the Under Secretary of Defense for Acquisition and Sustainment shall ensure that—“(A) the Defense Federal Acquisition Regulation Supplement does not require the inclusion of contract clauses in contracts for the procurement of commercial items or contracts for the procurement of commercially available off-the-shelf items, unless such clauses are—“(i) required to implement provisions of law or executive orders applicable to such contracts; or “(ii) determined to be consistent with standard commercial practice; and “(B) the flow-down of contract clauses to subcontracts under contracts for the procurement of commercial items or commercially available off-the-shelf items is prohibited unless such flow-down is required to implement provisions of law or executive orders applicable to such subcontracts. “(2) Subcontracts.—In this subsection, the term ‘subcontract’ includes a transfer of commercial items between divisions, subsidiaries, or affiliates of a contractor or subcontractor. The term does not include agreements entered into by a contractor for the supply of commodities that are intended for use in the performance of multiple contracts with the Department of Defense and other parties and are not identifiable to any particular contract.”
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Provisions Not Affected by Title VIII of Pub. L. 103–355Pub. L. 103–355, title VIII, § 8304, Oct. 13, 1994, 108 Stat. 3398, as amended by Pub. L. 115–232, div. A, title VIII, § 812(a)(2)(C)(iii), Aug. 13, 2018, 132 Stat. 1847, provided that: “Nothing in this title [see Tables for classification] shall be construed as modifying or superseding, or as intended to impair or restrict, authorities or responsibilities under— “(1) section 7102 of the Federal Acquisition Streamlining Act of 1994 [Pub. L. 103–355, 15 U.S.C. 644 note]; “(2) the Brooks Automatic Data Processing Act (section 111 of the Federal Property and Administrative Services Act of 1949 ([former] 40 U.S.C. 759)); “(3) Brooks Architect-Engineers Act (title IX of the Federal Property and Administrative Services Act of 1949 ([former] 40 U.S.C. 541 et seq.) [now 40 U.S.C. 1101–1104]); “(4) subsections (a) and (d) of section 8 of the Small Business Act (15 U.S.C. 637(a) and (d)); or “(5) the Javits-Wagner-O’Day Act ([former] 41 U.S.C. 46–48c) [now 41 U.S.C. 8501 et seq.].”
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---
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title: "10 U.S.C. § 3455"
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description: "Repealed. Pub. L. 119–60, div. A, title VIII, § 811(a)(5), Dec. 18, 2025, 139 Stat. 948]"
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title_name: "ARMED FORCES"
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chapter_number: "247"
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chapter_name: "PROCUREMENT OF COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES"
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section: "3455"
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citation: "10 U.S.C. § 3455"
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---
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# 10 U.S.C. § 3455 - Repealed. Pub. L. 119–60, div. A, title VIII, § 811(a)(5), Dec. 18, 2025, 139 Stat. 948]
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## Notes
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Section, added Pub. L. 109–163, div. A, title VIII, § 803(a)(1), Jan. 6, 2006, 119 Stat. 3370, § 2379; amended Pub. L. 110–181, div. A, title VIII, § 815(a)(1), Jan. 28, 2008, 122 Stat. 222; Pub. L. 113–291, div. A, title X, § 1071(a)(7), Dec. 19, 2014, 128 Stat. 3504; Pub. L. 114–92, div. A, title VIII, § 852(a)–(d), Nov. 25, 2015, 129 Stat. 917, 918; Pub. L. 114–328, div. A, title VIII, § 872, Dec. 23, 2016, 130 Stat. 2307; Pub. L. 115–232, div. A, title VIII, § 836(d)(4), (8)(D), Aug. 13, 2018, 132 Stat. 1868, 1869; renumbered § 3455 and amended Pub. L. 116–283, div. A, title XVIII, §§ 1821(a)(2), (b)(4), 1831(j)(4), 1883(b)(2), Jan. 1, 2021, 134 Stat. 4195, 4217, 4294; Pub. L. 117–81, div. A, title XVII, § 1701(b)(10)(i)(ii), Dec. 27, 2021, 135 Stat. 2134; Pub. L. 117–263, div. A, title VIII, § 803, Dec. 23, 2022, 136 Stat. 2693, related to requirement for prior determination by Secretary of Defense and notification to Congress for the procurement of a major weapon system as a commercial product.
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---
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type: "LegalText"
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title: "10 U.S.C. § 3456"
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description: "Commercial product and commercial service determinations by Department of Defense"
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title_number: 10
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title_name: "ARMED FORCES"
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chapter_number: "247"
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chapter_name: "PROCUREMENT OF COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES"
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section: "3456"
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citation: "10 U.S.C. § 3456"
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confidence: "official"
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tags: ["legal", "us-code"]
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---
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# 10 U.S.C. § 3456 - Commercial product and commercial service determinations by Department of Defense
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## Text
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(a) In General.— The Secretary of Defense shall—
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(1) establish and maintain a centralized capability with necessary expertise and resources to provide assistance to the military departments and Defense Agencies in making commercial product and commercial service determinations, conducting market research, and performing analysis of price reasonableness for the purposes of procurements by the Department of Defense; and
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|
||||
(2) assist each Secretary of a military department and each head of a Defense Agency with performing market research in accordance with the requirements of section 3453 of this title relating to market research and the determination regarding the non-availability of commercial products or commercial services, and other analysis, used to determine the reasonableness of price for the purposes of procurements by the Department of Defense.
|
||||
|
||||
(b) Determinations Regarding the Commercial Nature of Products or Services.— (1) In general.— In making a determination whether a particular product or service offered by a contractor meets the definition of a commercial product or commercial service, a contracting officer of the Department of Defense may—
|
||||
|
||||
(A) request support from the Director of the Defense Contract Management Agency, the Director of the Defense Contract Audit Agency, or other appropriate experts in the Department to make a determination whether a product or service is a commercial product or commercial service; and
|
||||
|
||||
(B) consider the views of appropriate public and private sector entities.
|
||||
|
||||
(2) Memorandum.— Within 30 days after a contract award, the contracting officer shall, consistent with the policies and regulations of the Department, submit a written memorandum summarizing the determination referred to in paragraph (1), including a detailed justification why the product or service was determined to be commercial or noncommercial. The contracting officer shall consider the results in the memorandum of the program manager required under section 3453(d)(1)(B) of this title when developing the memorandum required under this paragraph. 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.
|
||||
|
||||
(c) Items Previously Acquired Using Commercial Acquisition Procedures.— (1) Determinations.— A contract or subcontract for a product (including a product without a part number or a product with a prior part number that has the same functionality as the product had with the prior part number) or service acquired using commercial acquisition procedures under part 12 of the Federal Acquisition Regulation shall serve as a prior commercial product or commercial service determination with respect to such product or service for purposes of this chapter, including when subject to minor modifications, unless—
|
||||
|
||||
(A) the prior determination was not issued or approved by a contracting officer of the Department of Defense; or
|
||||
|
||||
(B) 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 product or service using commercial 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 a product or service that was previously acquired under a contract using commercial acquisition procedures under part 12 of the Federal Acquisition Regulation.
|
||||
|
||||
(B) The limitation under subparagraph (A) does not apply to the procurement of a product or service that was previously acquired using commercial acquisition procedures under part 12 of the Federal Acquisition Regulation following—
|
||||
|
||||
(i) a written determination by the head of contracting activity pursuant to section 3703(d)(2) 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 product or service using such procedures.
|
||||
|
||||
(Added Pub. L. 114–92, div. A, title VIII, § 851(a)(1), Nov. 25, 2015, 129 Stat. 916, § 2380; amended Pub. L. 114–328, div. A, title VIII, § 873, Dec. 23, 2016, 130 Stat. 2307; Pub. L. 115–91, div. A, title VIII, § 848, Dec. 12, 2017, 131 Stat. 1487; Pub. L. 115–232, div. A, title VIII, § 836(d)(5), (8)(E), Aug. 13, 2018, 132 Stat. 1868, 1869; renumbered § 3456 and amended Pub. L. 116–283, div. A, title VIII, § 816, title XVIII, §§ 1821(a)(2), (b)(5), 1831(j)(5), Jan. 1, 2021, 134 Stat. 3750, 4195, 4217; Pub. L. 117–81, div. A, title XVII, § 1701(b)(9), (10)(I)(ii), Dec. 27, 2021, 135 Stat. 2133, 2134; Pub. L. 118–31, div. A, title VIII, § 801, Dec. 22, 2023, 137 Stat. 312; Pub. L. 118–159, div. A, title VIII, § 814, Dec. 23, 2024, 138 Stat. 1980; Pub. L. 119–60, div. A, title XVIII, § 1822(b), Dec. 18, 2025, 139 Stat. 1247.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2025—Subsec. (a)(2). Pub. L. 119–60, § 1822(b)(1), 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.” Subsec. (b)(2). Pub. L. 119–60, § 1822(b)(2), inserted “The contracting officer shall consider the results in the memorandum of the program manager required under section 3453(d)(1)(B) of this title when developing the memorandum required under this paragraph.” after “commercial or noncommercial.” 2024—Subsec. (c)(1). Pub. L. 118–159 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 section 1702(c) of title 41 determines in writing that it is no longer appropriate to acquire the product or service using commercial acquisition procedures.” 2023—Subsec. (b)(2). Pub. L. 118–31 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.” 2021—Pub. L. 116–283, § 1821(a)(2), renumbered section 2380 of this title as this section. Subsec. (b). Pub. L. 116–283, § 816(2), added subsec. (b). Former subsec. (b) redesignated (c). Subsec. (b)(2)(B)(i). Pub. L. 116–283, § 1831(j)(5), which directed amendment of subsec. (b)(2)(B)(i) of section 2380 of this title (now subsec. (c)(2)(B)(i) of this section) by substituting “section 3703(d)(2)” for “section 2306a(b)(4)(B)”, was repealed by Pub. L. 117–81, § 1701(b)(10)(I)(ii). Identical amendment was made to subsec. (c)(2)(B)(i) of this section by Pub. L. 116–283, § 1821(b)(5), see below. Subsec. (c). Pub. L. 116–283, § 816(1), redesignated subsec. (b) as (c). Subsec. (c)(2)(B)(i). Pub. L. 116–283, § 1821(b)(5), as amended by Pub. L. 117–81, § 1701(b)(9), substituted “section 3703(d)(2)” for “section 2306a(b)(4)(B)”. 2018—Pub. L. 115–232, § 836(d)(8)(E), substituted “Commercial product and commercial service” for “Commercial item” in section catchline. Subsec. (a). Pub. L. 115–232, § 836(d)(5)(A), substituted “commercial product and commercial service determinations” for “commercial item determinations” in pars. (1) and (2). Subsec. (b). Pub. L. 115–232, § 836(d)(5)(B)(i)–(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. Subsec. (b)(1). Pub. L. 115–232, § 836(d)(5)(B)(iv)–(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”. Subsec. (b)(2)(B)(ii). Pub. L. 115–232, § 836(d)(5)(B)(vi), substituted “the product or service” for “the item”. 2017—Pub. L. 115–91 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). 2016—Pars. (1), (2). Pub. L. 114–328 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 AmendmentAmendment by Pub. L. 117–81 applicable as if included in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below. Amendment by sections 1821(a)(2), (b)(5) and 1831(j)(5) of Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.
|
||||
|
||||
Effective Date of 2018 AmendmentAmendment by Pub. L. 115–232 effective Jan. 1, 2020, subject to a savings provision, see section 836(h) of Pub. L. 115–232, set out as an Effective Date of 2018 Amendment; Savings Provision note under section 453b of Title 6, Domestic Security.
|
||||
|
||||
RegulationsPub. L. 114–92, div. A, title VIII, § 851(d), Nov. 25, 2015, 129 Stat. 917, provided that: “Not later than 180 days after the date of the enactment of this Act [Nov. 25, 2015], the Defense Federal Acquisition Regulation Supplement shall be updated to reflect the requirements of this section [enacting this section, amending section 2306a of this title, and enacting provisions set out as notes under section 2306a of this title] and the amendments made by this section.”
|
||||
|
||||
ConstructionPub. L. 114–92, div. A, title VIII, § 851(e), Nov. 25, 2015, 129 Stat. 917, provided that: “Nothing in this section [enacting this section, amending section 2306a of this title, and enacting provisions set out as notes under section 2306a of this title] or the amendments made by this section shall be construed to preclude the contracting officer for the procurement of a commercial item from requiring the contractor to supply information that is sufficient to determine the reasonableness of price, regardless of whether or not the contractor was required to provide such information in connection with any earlier procurement.”
|
||||
|
||||
Definition of Commercial Item Pub. L. 114–92, div. A, title VIII, § 851(c), Nov. 25, 2015, 129 Stat. 917, provided that: “Nothing in this section [enacting section 2380 of this title, amending section 2306a of this title, and enacting provisions set out as notes under section 2306a of this title] or the amendments made by this section shall affect the meaning of the term ‘commercial item’ under subsection (a)(5) of section 2464 of title 10, United States Code, or any requirement under subsection (a)(3) or subsection (c) of such section.” [Pub. L. 115–232 amended subsecs. (a)(3), (5) and (c) of section 2464 of title 10 by substituting references to “commercial products or commercial services” for references to “commercial items”. See 2018 Amendment notes set out under that section.]
|
||||
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|
||||
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|
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|
||||
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|
||||
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|
||||
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||||
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|
||||
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||||
---
|
||||
|
||||
# 10 U.S.C. § 3457 - Treatment of certain products and services as commercial products and commercial services
|
||||
|
||||
## Text
|
||||
|
||||
(a) Goods and Services Provided by Nontraditional Defense Contractors.— Notwithstanding section 3451(1) of this title, products and services provided by nontraditional defense contractors (as that term is defined in section 3014 of this title) may be treated by the head of an agency as commercial products and commercial services, respectively, for purposes of this chapter.
|
||||
|
||||
(b) Services Provided by Certain Nontraditional Contractors.— Notwithstanding section 3451(1) of this title, services provided by a business unit that is a nontraditional defense contractor (as that term is defined in section 3014 of this title) shall be treated as commercial services for purposes of this chapter, to the extent that such services use the same pool of employees as used for commercial customers and are priced using methodology similar to methodology used for commercial pricing.
|
||||
|
||||
(c) Commingled Items Purchased by Contractors.— Notwithstanding section 3451(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 product for purposes of this chapter.
|
||||
|
||||
(Added Pub. L. 114–92, div. A, title VIII, § 857(a), Nov. 25, 2015, 129 Stat. 921, § 2380A; renumbered § 2380a and amended Pub. L. 114–328, div. A, title VIII, § 878(a), (b)(1), Dec. 23, 2016, 130 Stat. 2312; Pub. L. 115–232, div. A, title VIII, § 836(d)(6), (8)(F), Aug. 13, 2018, 132 Stat. 1868, 1869; renumbered § 3457 and amended Pub. L. 116–283, div. A, title XVIII, § 1821(a)(2), (b)(6), (7)(A), (B), Jan. 1, 2021, 134 Stat. 4195, 4196.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Codification Section 1821(a)(1), (2) of Pub. L. 116–260 transferred chapter 140 of this title (§§ 2375 to 2380b) to this chapter and renumbered all the sections within it, except for final section 2380b. At that point, the last two sections of this chapter were this section (renumbered from section 2380a) followed by section 2380b. Section 1821(b)(7)(A) subsequently struck out “the heading of the final section of” this chapter, which was executed by incorporating the text of former section 2380b at the end of this section. The text of section 2380b of this title was based on Pub. L. 114–328, div. A, title VIII, § 877(a), Dec. 23, 2016, 130 Stat. 2311; Pub. L. 115–232, div. A, title VIII, § 836(d)(7), (8)(G), Aug. 13, 2018, 132 Stat. 1868, 1869; Pub. L. 116–92, div. A, title XVII, § 1731(a)(47), Dec. 20, 2019, 133 Stat. 1815.
|
||||
|
||||
Prior ProvisionsA prior section 3491 was renumbered section 7191 of this title. Prior sections 3492 and 3493 were repealed by Pub. L. 90–235, § 1(a)(2), (b), Jan. 2, 1968, 81 Stat. 753. Section 3492, act Aug. 10, 1956, ch. 1041, 70A Stat. 198, provided for extension of active service of Army members during war. See section 671a of this title. Section 3493, act Aug. 10, 1956, ch. 1041, 70A Stat. 198, empowered the President to order commissioned officers of the Army Reserve to active duty with the Corps of Engineers. A prior section 3494, added Pub. L. 85–861, § 1(82)(A), Sept. 2, 1958, 72 Stat. 1481; amended Pub. L. 86–559, § 1(20), June 30, 1960, 74 Stat. 271, provided that a reserve commissioned officer who is ordered to active duty be ordered to that duty in his reserve grade unless the Secretary of the Army orders him to active duty, other than for training, in a higher temporary grade and authorized a reserve commissioned officer who is selected for participation in a program under which he will be ordered to active duty for at least one academic year at a civilian school or college to be ordered, upon his request, to that duty in a temporary grade that is lower than his reserve grade, without affecting his reserve grade, prior to repeal by Pub. L. 96–513, title II, § 209(a), title VII, § 701, Dec. 12, 1980, 94 Stat. 2884, 2955, effective Sept. 15, 1981. See section 12320 of this title. Prior sections 3495 to 3500 were repealed by Pub. L. 103–337, div. A, title XVI, §§ 1662(f)(2), 1691, Oct. 5, 1994, 108 Stat. 2994, 3026, effective Dec. 1, 1994. Section 3495, act Aug. 10, 1956, ch. 1041, 70A Stat. 198, provided that members of Army National Guard of United States were not in active Federal service except when ordered thereto under law. See section 12401 of this title. Section 3496, act Aug. 10, 1956, ch. 1041, 70A Stat. 198, authorized President to order commissioned officers of Army National Guard of United States to active duty in National Guard Bureau. See section 12402(a), (b)(1) of this title. Section 3497, act Aug. 10, 1956, ch. 1041, 70A Stat. 199, provided that members of Army National Guard of United States ordered to active duty were to be ordered to duty as Reserves of Army. See section 12403 of this title. Section 3498, act Aug. 10, 1956, ch. 1041, 70A Stat. 199, related to organization during initial mobilization of units of Army National Guard of United States ordered into active Federal service. See section 12404 of this title. Section 3499, act Aug. 10, 1956, ch. 1041, 70A Stat. 199, related to application of laws governing Army to members of Army National Guard called into Federal service. See section 12405 of this title. Section 3500, acts Aug. 10, 1956, ch. 1041, 70A Stat. 199; Sept. 29, 1988, Pub. L. 100–456, div. A, title XII, § 1234(a)(1), (3), 102 Stat. 2059, authorized President to call Army National Guard units and members into Federal service. See section 12406 of this title.
|
||||
|
||||
Amendments2021—Pub. L. 116–283, § 1821(a)(2), renumbered section 2380a of this title as this section. Subsecs. (a), (b). Pub. L. 116–283, § 1821(b)(6), substituted “section 3451(1)” for “section 2376(1)” and “section 3014” for “section 2302(9)”. Subsec. (c). Pub. L. 116–283, § 1821(b)(7)(A), (B), transferred section 2380b of this title to this section and struck out section designation and catchline, designated text as subsec. (c) and inserted heading, and substituted “Notwithstanding section 3451(1)” for “Notwithstanding section 2376(1)”. See Codification note above. 2018—Pub. L. 115–232, § 836(d)(8)(F), substituted “products and services as commercial products and commercial services” for “items as commercial items” in section catchline. Subsec. (a). Pub. L. 115–232, § 836(d)(6)(A), substituted “products and” for “items and” and “commercial products and commercial services, respectively,” for “commercial items”. Subsec. (b). Pub. L. 115–232, § 836(d)(6)(B), substituted “commercial services” for “commercial items”. 2016—Pub. L. 114–328, § 878(b)(1), which directed amendment of “Section 2380A of title 10” by striking out the section catchline and inserting “§ 2380a. Treatment of certain items as commercial items”, was executed by redesignating this section as section 2380a and substituting “Treatment of certain items as commercial items” for “Treatment of goods and services provided by nontraditional defense contractors as commercial items” in section catchline, to reflect the probable intent of Congress. Pub. L. 114–328, § 878(a), designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2021 AmendmentAmendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.
|
||||
|
||||
Effective Date of 2018 AmendmentAmendment by Pub. L. 115–232 effective Jan. 1, 2020, subject to a savings provision, see section 836(h) of Pub. L. 115–232, set out as an Effective Date of 2018 Amendment; Savings Provision note under section 453b of Title 6, Domestic Security.
|
||||
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|
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|
||||
|
||||
# 10 U.S.C. § 3458 - Authority to acquire innovative commercial products and commercial services using general solicitation competitive procedures
|
||||
|
||||
## Text
|
||||
|
||||
(a) Authority.— The Secretary of Defense and each Secretary of a military department may acquire commercial products, commercial services, or nondevelopmental items through a competitive selection of proposals resulting from a general solicitation and a peer review, technical review, or operational review (as appropriate) of such proposals.
|
||||
|
||||
(b) Treatment as Competitive Procedures.— Use of general solicitation competitive procedures under subsection (a) shall be considered to be use of competitive procedures for purposes of chapter 221 of this title.
|
||||
|
||||
(c) Follow-on Production Agreements.— With respect to a product, service, or item acquired through the competitive procedures described under subsection (a), the Secretary of Defense or each Secretary of a military department may enter into—
|
||||
|
||||
(1) a follow-on production contract (including a sole source contract), subject to the approval requirements of section 3204(e) of this title; or
|
||||
|
||||
(2) a follow-on production contract or transaction, as defined in section 4022 of this title.
|
||||
|
||||
(d) Limitations.— (1) Contracts or agreements entered into using the authority under subsection (a) shall be fixed-price, including fixed-price incentive contracts.
|
||||
|
||||
(2) Notwithstanding section 3451(1) of this title, products and services acquired using the authority under subsection (a) shall be treated as commercial products and commercial services.
|
||||
|
||||
(e) Congressional Notification Required.— (1) Not later than 45 days after the award of a contract for an amount exceeding $100,000,000 using the authority in subsection (a), the Secretary shall notify the congressional defense committees of such award.
|
||||
|
||||
(2) Notice of an award under paragraph (1) shall include the following:
|
||||
|
||||
(A) Description of the commercial product, commercial service, or nondevelopmental item acquired.
|
||||
|
||||
(B) Description of the requirement, capability gap, or potential technological advancement with respect to which the commercial product, commercial service, or nondevelopmental item acquired provides a solution or a potential new capability.
|
||||
|
||||
(C) Amount of the contract awarded.
|
||||
|
||||
(D) Identification of the contractor awarded the contract.
|
||||
|
||||
(Added § 2380c, renumbered § 3458, and amended Pub. L. 117–81, div. A, title VIII, § 803(a)(1), (b)(1), (3), Dec. 27, 2021, 135 Stat. 1814–1816; Pub. L. 117–263, div. A, title VIII, § 814(a), Dec. 23, 2022, 136 Stat. 2707; Pub. L. 119–60, div. A, title XVIII, § 1823, Dec. 18, 2025, 139 Stat. 1247.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2025—Subsec. (a). Pub. L. 119–60, § 1823(1), amended subsec. (a) generally. Prior to amendment, text read as follows: “The Secretary of Defense and the Secretaries of the military departments may acquire innovative commercial products and commercial services through a competitive selection of proposals resulting from a general solicitation and the peer review of such proposals.” Subsec. (c). Pub. L. 119–60, § 1823(4), added subsec. (c). Former subsec. (c) redesignated (d). Subsec. (d). Pub. L. 119–60, § 1823(5), redesignated pars. (2) and (3) as (1) and (2), respectively, and struck out former par. (1) which read as follows: “The Secretary may not enter into a contract or agreement in excess of $100,000,000 using the authority under subsection (a) without a written determination from the Under Secretary of Defense for Acquisition and Sustainment or the relevant service acquisition executive of the efficacy of the effort to meet mission needs of the Department of Defense or the relevant military department.” Pub. L. 119–60, § 1823(3), redesignated subsec. (c) as (d). Former subsec. (d) redesignated (e). Subsec. (e). Pub. L. 119–60, § 1823(2), (3), redesignated subsec. (d) as (e) and struck out former subsec. (e). Text of former subsec. (e) read as follows: “In this section, the term ‘innovative’ means— “(1) any technology, process, or method, including research and development, that is new as of the date of submission of a proposal; or “(2) any application that is new as of the date of submission of a proposal of a technology, process, or method existing as of such date.” Subsec. (e)(2)(A), (B). Pub. L. 119–60, § 1823(6), substituted “commercial product, commercial service, or nondevelopmental item” for “innovative commercial product or commercial service”. 2022—Subsec. (c)(2). Pub. L. 117–263 substituted “fixed-price incentive contracts” for “fixed-price incentive fee contracts”. 2021—Pub. L. 117–81, § 803(b)(1), renumbered section 2380c of this title as this section. Subsec. (b). Pub. L. 117–81, § 803(b)(3)(A), substituted “chapter 221” for “chapter 137”. Subsec. (c)(3). Pub. L. 117–81, § 803(b)(3)(B), substituted “section 3451(1)” for “section 2376(1)”.
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Statutory Notes and Related Subsidiaries
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Effective Date of 2021 AmendmentPub. L. 117–81, div. A, title VIII, § 803(b)(4), Dec. 27, 2021, 135 Stat. 1816, provided that: “The transfer, redesignation, and amendments made by this subsection [amending this section and repealing provisions set out as a note under section 2302 of this title] shall take [sic] as if included in title XVIII of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283).”
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Focused Commercial Solutions Openings OpportunitiesPub. L. 118–31, div. A, title VIII, § 813, Dec. 22, 2023, 137 Stat. 325, as amended by Pub. L. 119–60, div. A, title XVIII, § 1802(b)(1)(A), Dec. 18, 2025, 139 Stat. 1227, provided that: “(a) Requirement.—During each fiscal year beginning after the date of the enactment of this Act [Dec. 22, 2023], the Secretary of Defense, in coordination with the service acquisition executives of each military department, shall exercise the authority under section 3458 of title 10, United States Code, not less than four times to acquire goods or services addressing the mission needs of a geographic combatant command. “(b) Execution.—With respect to acquisition carried out under section 3458 of title 10, United States Code, pursuant to subsection (a), the Secretary of Defense shall—“(1) assign the responsibility for carrying out such acquisition to a portfolio acquisition executive and a head of a science and technology reinvention laboratory from the same military department, who shall co-lead such acquisition; and “(2) ensure that the portfolio acquisition executive and the head of a science and technology reinvention laboratory assigned as co-leads under paragraph (1) have similar existing requirements and funding for transitioning technologies to acquisition programs within the area of focus for such acquisition. “(c) Sunset.—Subsection (a) shall expire on September 30, 2027. “(d) Definitions.—In this section:“(1) The terms ‘military department’ and ‘services acquisition executive’ have the meanings given such terms in section 101(a) of title 10, United States Code. “(2) The term ‘portfolio acquisition executive’ has the meaning given such term in section 1737(a) of title 10, United States Code. “(3) The term ‘science and technology reinvention laboratory’ means a science and technology reinvention laboratory designated under section 4121(b) of title 10, United States Code.”
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Data CollectionPub. L. 117–81, div. A, title VIII, § 803(a)(3), Dec. 27, 2021, 135 Stat. 1815, provided that: “(A) In general.—The Secretary of Defense and each Secretary of a military department shall collect and analyze data on the use of the authority under section 2380c of title 10, United States Code [now 10 U.S.C. 3458], as added by paragraph (1), for the purposes of—“(i) developing and sharing best practices for achieving the objectives of the authority; “(ii) gathering information on the implementation of the authority and related policy issues; and “(iii) informing the congressional defense committees on the use of the authority. “(B) Plan required.—The authority under section 2380c [now 3458] of title 10, United States Code, as added by paragraph (1), may not be exercised by the Secretary of Defense or any Secretary of a military department during the period beginning on October 1, 2022, and ending on the date on which the Secretary of Defense submits to the congressional defense committees a completed plan for carrying out the data collection required under paragraph (1). “(C) Congressional defense committees; military department defined.—In this paragraph, the terms ‘congressional defense committees’ and ‘military department’ have the meanings given such terms in section 101(a) of title 10, United States Code.”
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References; Savings Provision; Rule of ConstructionPub. L. 117–81, div. A, title VIII, § 803(b)(5), Dec. 27, 2021, 135 Stat. 1816, provided that: “Sections 1883 through 1885 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) [set out as notes preceding section 3001 of this title] shall apply with respect to the transfers, redesignations, and amendments made under this subsection [amending this section and repealing provisions set out as a note under section 2302 of this title] as if such transfers, redesignations, and amendments were made under title XVIII of such Act.”
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@@ -0,0 +1,41 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 3459"
|
||||
description: "Limitation on required flowdown of contract clauses to subcontractors providing commercial products or commercial services"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 10
|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "247"
|
||||
chapter_name: "PROCUREMENT OF COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES"
|
||||
section: "3459"
|
||||
citation: "10 U.S.C. § 3459"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s3459"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
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source_hash: "3f0b630e24bd6736189787ccbcfe3624c9ef97f7db07098f1b822be0a701eecc"
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raw_snapshot_hash: "06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1"
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text_hash: "608d65e5314e700e035cc5a855224dc27d8e44b2efadbfb77bee3c46d7ccd535"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 3459 - Limitation on required flowdown of contract clauses to subcontractors providing commercial products or commercial services
|
||||
|
||||
## Text
|
||||
|
||||
(a) In General.— The Secretary of Defense may not require that a clause be included in a subcontract for the acquisition of commercial products or commercial services other than a clause that is on the lists required by section 3452 of this title or unless otherwise applicable pursuant to subsection (e) of such section.
|
||||
|
||||
(b) Applicability to Other Supply Agreements.— The Secretary of Defense may not require the application of any contract clauses to other supply agreements unless otherwise applicable pursuant to subsection (e) of section 3452 of this title.
|
||||
|
||||
(c) Definitions.— In this section, the terms “other supply agreement” and “subcontract” have the meanings given such terms, respectively, in section 3452(c)(2) of this title.
|
||||
|
||||
(d) Applicability.— Subsection (a) shall apply only with respect to subcontracts entered into after the earliest date on which the lists required by section 3452 of this title are published in the Defense Federal Acquisition Regulation Supplement.
|
||||
|
||||
(Added Pub. L. 119–60, div. A, title XVIII, § 1824, Dec. 18, 2025, 139 Stat. 1248.)
|
||||
Reference in New Issue
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