10 U.S.C. 3455: Procurement of a major weapon system as a commercial product: requirement for prior determination by Secretary of Defense and notification to Congress

2022

• Pub. L. 117–263, §803(a), designated existing provisions as par. (1), redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1), and added par. (2). (James M. Inhofe National Defense Authorization Act for Fiscal Year 2023) Law text · (b)
• Pub. L. 117–263, §803(b), amended par. (2) generally. Prior to amendment, par. (2) read as follows: "This subsection shall apply only to components and spare parts that are acquired by the Department of Defense through a prime contract or a modification to a prime contract (or throu… (James M. Inhofe National Defense Authorization Act for Fiscal Year 2023) Law text · (c)
• Pub. L. 117–263, §803(c)(1), inserted "for Procurements That Are Not Covered by the Exceptions in Section 3703(a)(1) of This Title" after "Submitted" in heading. (James M. Inhofe National Defense Authorization Act for Fiscal Year 2023) Law text · (d)
• Pub. L. 117–263, §803(c)(2)(A), in introductory provisions, substituted "the offeror shall, in accordance with paragraph (4), submit to the contracting officer or provide the contracting officer access to—" for "the contracting officer shall require the offeror to submit—". (James M. Inhofe National Defense Authorization Act for Fiscal Year 2023) Law text · (d)
• Pub. L. 117–263, §803(c)(2)(B), inserted "a representative sample, as determined by the contracting officer, of the" before "prices paid" and ", and the terms and conditions of such sales" before semicolon at end. (James M. Inhofe National Defense Authorization Act for Fiscal Year 2023) Law text · (d)
• Pub. L. 117–263, §803(c)(2)(C), substituted "a representative sample, as determined by the contracting officer, of the prices paid for the same or similar commercial products sold under different terms and conditions, and the terms and conditions of such sales; and" for "informat… (James M. Inhofe National Defense Authorization Act for Fiscal Year 2023) Law text · (d)
• Pub. L. 117–263, §803(c)(2)(D), inserted "only" before "if the contracting officer" and "because either the comparable commercial products provided by the offeror are not a valid basis for a price analysis or the contracting officer determines the proposed price is not reasonable… (James M. Inhofe National Defense Authorization Act for Fiscal Year 2023) Law text · (d)
• Pub. L. 117–263, §803(c)(3), added pars. (4) to (6). (James M. Inhofe National Defense Authorization Act for Fiscal Year 2023) Law text · (d)
• Pub. L. 117–263, §803(d), added subsec. (g). (James M. Inhofe National Defense Authorization Act for Fiscal Year 2023) Law text · (g)

2021

• Pub. L. 116–283, §1821(a)(2), renumbered section 2379 of this title as this section. (William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021) Law text
• Pub. L. 116–283, §1831(j)(4), which directed amendment of this section by substituting "sections 3701–3708" for "section 2306a" and could not be executed, was repealed by Pub. L. 117–81, §1701(b)(10)(I)(ii). (William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021) Law text · (c)
• Pub. L. 116–283, §1821(b)(4), substituted "chapter 271" for "section 2306a" in introductory provisions. (William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021) Law text · (c)
• Pub. L. 116–283, §1883(b)(2), which directed that each reference in the text of title 10 to a section that was redesignated by title XVIII of Pub. L. 116–283, as such section was in effect before the redesignation, be amended by striking such reference and inserting a reference to the … (William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021) Law text · (f)

2018

• Pub. L. 115–232, §836(d)(8)(D), substituted "Procurement of a major weapon system as a commercial product: requirement for prior determination by Secretary of Defense and notification to Congress" for "Requirement for determination by Secretary of Defense and notification to Congress before procure… (John S. McCain National Defense Authorization Act for Fiscal Year 2019) Law text
• Pub. L. 115–232, §836(d)(4)(C), substituted "commercial product" for "commercial item" and "commercial products" for "commercial items" wherever appearing. (John S. McCain National Defense Authorization Act for Fiscal Year 2019) Law text
• Pub. L. 115–232, §836(d)(4)(B), struck out ", as defined in section 103 of title 41" before "; and". (John S. McCain National Defense Authorization Act for Fiscal Year 2019) Law text · (a)
• Pub. L. 115–232, §836(d)(4)(A), substituted "Commercial Products" for "Commercial Items" in heading. (John S. McCain National Defense Authorization Act for Fiscal Year 2019) Law text · (b)
• Pub. L. 115–232, §836(d)(4)(B), struck out ", as defined in section 103 of title 41" before period. (John S. McCain National Defense Authorization Act for Fiscal Year 2019) Law text · (b)
• Pub. L. 115–232, §836(d)(4)(A), substituted "Commercial Products" for "Commercial Items" in heading. (John S. McCain National Defense Authorization Act for Fiscal Year 2019) Law text · (c)
• Pub. L. 115–232, §836(d)(4)(B), struck out ", as defined in section 103 of title 41" before period. (John S. McCain National Defense Authorization Act for Fiscal Year 2019) Law text · (c)

2016

• Pub. L. 114–328 added par. (2) and redesignated former par. (2) as (3). (National Defense Authorization Act for Fiscal Year 2017) Law text · (d), (3)

2015

• Pub. L. 114–92, §852(a), inserted "and" at end of par. (1)(B), redesignated par. (3) as (2), and struck out former par. (2) which read as follows: "the offeror has submitted sufficient information to evaluate, through price analysis, the reasonableness of the price for such system; and… (National Defense Authorization Act for Fiscal Year 2016) Law text · (a)
• Pub. L. 114–92, §852(b)(1), substituted "if either" for "only if" in introductory provisions. (National Defense Authorization Act for Fiscal Year 2016) Law text · (b)
• Pub. L. 114–92, §852(b)(2), substituted "writing that" for "writing that—", struck out subpar. (A) designation before "the subsystem is a", substituted "title 41." for "title 41; and", and struck out subpar. (B) which read as follows: "the offeror has submitted sufficient informatio… (National Defense Authorization Act for Fiscal Year 2016) Law text · (b)
• Pub. L. 114–92, §852(c)(1), substituted "title if either" for "title only if" in introductory provisions. (National Defense Authorization Act for Fiscal Year 2016) Law text · (c)
• Pub. L. 114–92, §852(c)(2), substituted "writing that" for "writing that—", struck out cl. (i) designation before "the component or", substituted "title 41." for "title 41; and", and struck out cl. (ii) which read as follows: "the offeror has submitted sufficient information to e… (National Defense Authorization Act for Fiscal Year 2016) Law text · (c)
• Pub. L. 114–92, §852(d), amended subsec. (d) generally. Prior to amendment, text read as follows: "To the extent necessary to make a determination under subsection (a)(2), (b)(2), or (c)(1)(B), the contracting officer may request the offeror to submit— (National Defense Authorization Act for Fiscal Year 2016) Law text · (d)

2014

• Pub. L. 113–291, §1071(a)(7)(A), substituted "section 103 of title 41" for "section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12))". (Carl Levin and Howard P. `Buck' McKeon National Defense Authorization Act for Fiscal Year 2015) Law text · (a)
• Pub. L. 113–291, §1071(a)(7)(B), substituted "section 104 of title 41" for "section 35(c) of the Office of Federal Procurement Policy Act (41 U.S.C. 431(c))" in introductory provisions. (Carl Levin and Howard P. `Buck' McKeon National Defense Authorization Act for Fiscal Year 2015) Law text · (b)
• Pub. L. 113–291, §1071(a)(7)(A), substituted "section 103 of title 41" for "section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12))". (Carl Levin and Howard P. `Buck' McKeon National Defense Authorization Act for Fiscal Year 2015) Law text · (b)
• Pub. L. 113–291, §1071(a)(7)(B), substituted "section 104 of title 41" for "section 35(c) of the Office of Federal Procurement Policy Act (41 U.S.C. 431(c))" in introductory provisions. (Carl Levin and Howard P. `Buck' McKeon National Defense Authorization Act for Fiscal Year 2015) Law text · (c)
• Pub. L. 113–291, §1071(a)(7)(A), substituted "section 103 of title 41" for "section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12))". (Carl Levin and Howard P. `Buck' McKeon National Defense Authorization Act for Fiscal Year 2015) Law text · (c)

2008

• Pub. L. 110–181, §815(a)(1)(A), added par. (2) and redesignated former par. (2) as (3). (National Defense Authorization Act for Fiscal Year 2008) Law text · (a), (3)
• Pub. L. 110–181, §815(a)(1)(B), added subsec. (b) and struck out former subsec. (b). Former text read as follows: "A subsystem or component of a major weapon system shall be treated as a commercial item and purchased under procedures established for the procurement of commercial items … (National Defense Authorization Act for Fiscal Year 2008) Law text · (b)
• Pub. L. 110–181, §815(a)(1)(C), (D), added subsecs. (c) and (d) and redesignated former subsecs. (c) and (d) as (e) and (f), respectively. (National Defense Authorization Act for Fiscal Year 2008) Law text · (c), (d), (e), (f)