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10 U.S.C. § 3453 — Preference for commercial products and commercial services
Federal law — U.S. Code and appendices · legal_authorities
**(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 services or commercial products or, to the extent that commercial products suitable to meet the agency’s needs are not available, nondevelopmental items other than commercial products, may be procured to fulfill such requirements; and
(3) offerors of commercial services, commercial products, and nondevelopmental items other than commercial products are provided an opportunity to compete in any procurement to fill such requirements.
**(b) Implementation.—** The head of an agency shall ensure that acquisition officials in such agency and prime contractors and subcontractors (at any tier) performing contracts with such agency (including those performing consulting, research, and advisory services to acquisition officials of such agency) to the maximum extent practicable—
(1) acquire commercial services, commercial products, or nondevelopmental items other than commercial products to meet the needs of the agency;
(2) require such prime contractors and subcontractors to incorporate commercial services, commercial products, or nondevelopmental items other than commercial products as components of items supplied to the agency;
(3) modify requirements in appropriate cases to ensure that the requirements can be met by commercial services or commercial products or, to the extent that commercial products suitable to meet the agency’s needs are not available, nondevelopmental items other than commercial products;
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Source file: Laws/federal/codes/united-states-code/title-10/section-3453-preference-for-commercial-products-and-commercial-services--01a21208f0.md
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Source location: Title 10, Chapter 247, § 3453; chapter-247-procurement-of-commercial-products-and-commercial-services.md
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**(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 services or commercial products or, to the extent that commercial products suitable to meet the agency’s needs are not available, nondevelopmental items other than commercial products, may be procured to fulfill such requirements; and
(3) offerors of commercial services, commercial products, and nondevelopmental items other than commercial products are provided an opportunity to compete in any procurement to fill such requirements.
**(b) Implementation.—** The head of an agency shall ensure that acquisition officials in such agency and prime contractors and subcontractors (at any tier) performing contracts with such agency (including those performing consulting, research, and advisory services to acquisition officials of such agency) to the maximum extent practicable—
(1) acquire commercial services, commercial products, or nondevelopmental items other than commercial products to meet the needs of the agency;
(2) require such prime contractors and subcontractors to incorporate commercial services, commercial products, or nondevelopmental items other than commercial products as components of items supplied to the agency;
(3) modify requirements in appropriate cases to ensure that the requirements can be met by commercial services or commercial products or, to the extent that commercial products suitable to meet the agency’s needs are not available, nondevelopmental items other than commercial products;
(4) state specifications in terms that enable and encourage bidders and offerors to supply commercial services or commercial products or, to the extent that commercial products suitable to meet the agency’s needs are not available, nondevelopmental items other than commercial products in response to the agency solicitations;
(5) revise the agency’s procurement policies, practices, and procedures not required by law to reduce any impediments in those policies, practices, and procedures to the acquisition of commercial products and commercial services;
(6) require training of appropriate personnel in the acquisition of commercial products and commercial services; and
(7) establish criteria in performance evaluations for appropriate personnel to reward risk-informed decisions that maximize the acquisition of commercial products, commercial services, or nondevelopmental items other than commercial products.
**(c) Preliminary Market Research.—**
(1) The head of an agency shall conduct market research appropriate to the circumstances—
(A) before developing new specifications for a procurement by that agency;
(B) before soliciting bids or proposals for a contract in excess of the simplified acquisition threshold; and
(C) before awarding a task order or delivery order in excess of the simplified acquisition threshold.
(2) The head of an agency shall use the results of market research to determine whether there are commercial services or commercial products or, to the extent that commercial products suitable to meet the agency’s needs are not available, nondevelopmental items other than commercial products available that—
(A) meet the agency’s requirements;
(B) could be modified to meet the agency’s requirements; or
(C) could meet the agency’s requirements if those requirements were modified to a reasonable extent.
(3) In conducting market research, the head of an agency should not require potential sources to submit more than the minimum information that is necessary to make the determinations required in paragraph (2).
(4) The head of an agency shall document the results of market research in a manner appropriate to the size and complexity of the acquisition.
(5) The head of an agency shall take appropriate steps to ensure that any prime contractor of a contract (or task order or delivery order) in an amount in excess of $5,000,000 for the procurement of products other than commercial products or services other than commercial services engages in such market research as may be necessary to carry out the requirements of subsection (b)(2) before making purchases for or on behalf of the Department of Defense.
**(d) Non-commercial Determination Required.—**
(1) The head of an agency shall establish a process for determinations regarding the non-availability of commercial products or commercial services, including that—
(A) a product or service that is not a commercial product or commercial service may not be procured until the head of the agency determines that the market research conducted in accordance with subsection (c)(2) resulted in a determination that no commercial product, commercial service, or nondevelopmental item exists that is suitable to meet the needs of the agency; and
(B) prior to acquiring a product or service that is not a commercial product or commercial service, the relevant program manager shall submit a written memorandum confirming the results of the determination in subparagraph (A), which shall be signed by the portfolio acquisition executive; and
(2) ensure the determination in paragraph (1)(A) does not inhibit the ability of a contracting officer to determine whether a product, component of a product, or service is a commercial product or commercial service (as applicable).
**(e) Market Research for Price Analysis.—** The Secretary of Defense shall ensure that procurement officials in the Department of Defense conduct or obtain market research to support the determination of the reasonableness of price for commercial products or commercial services contained in any bid or offer submitted in response to an agency solicitation. To the extent necessary to support such market research, the procurement official for the solicitation may require the offeror to submit relevant information.
**(f) Market Research Training Required.—** The Secretary of Defense shall provide mandatory training for members of the armed forces and employees of the Department of Defense responsible for the conduct of market research required under subsections (c) and (d). Such mandatory training shall, at a minimum—
(1) provide comprehensive information on the subject of market research and the function of market research in the acquisition of commercial products and commercial services;
(2) teach best practices for conducting and documenting market research; and
(3) provide methodologies for establishing standard processes and reports for collecting and sharing market research across the Department.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Procedures.—**
(1) **In general.—** — The Secretary of Defense shall prescribe procedures for the urgent acquisition and deployment of capabilities needed in response to urgent operational needs. The capabilities for which such procedures may be used in response to an urgent operational need are those—
(A) that, subject to such exceptions as the Secretary considers appropriate for purposes of this section—
(i) can be fielded within a period of two to 24 months;
(ii) do not require substantial development effort;
(iii) are based on technologies that are proven and available; and
(iv) can appropriately be acquired under fixed-price contracts;
(B) that can be developed or procured under a rapid acquisition pathway; or
(C) with respect to an armed attack by a country of concern (as defined in section 1(m) of the State Department Basic Authorities Act of 1956 ([22 U.S.C. 2651a(m)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2651a/m&num=0&edition=prelim))), to which the United States is not a party, for purposes of—
(i) replenishing United States stockpiles of defense articles when such stockpiles are diminished as a result of the United States providing defense articles in response to such armed attack by a country of concern against—
(I) a United States ally (as that term is defined in section 201(d) of the Act of December 2, 1942, titled “To provide benefits for the injury, disability, death, or enemy detention of employees of contractors with the United States, and for other purposes” (56 Stat. 1028, chapter 668; [42 U.S.C. 1711(d)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1711/d&num=0&edition=prelim))); or
(II) a United States partner; or
(ii) co
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3601
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Annual reports to President and Congressional officers and committees** The Administration shall, as soon as practicable each fiscal year make a comprehensive annual report to the President, the President of the Senate, the Senate Select Committee on Small Business, and the Speaker of the House of Representatives. Such report shall include a description of the state of small business in the Nation and the several States, and a description of the operations of the Administration under this chapter, including, but not limited to, the general lending, disaster relief, Government regulation relief, procurement and property disposal, research and development, technical assistance, dissemination of data and information, and other functions under the jurisdiction of the Administration during the previous fiscal year. Such report shall contain recommendations for strengthening or improving such programs, or, when necessary or desirable to implement more effectively congressional policies and proposals, for establishing new or alternative programs. In addition, such report shall include the names of the business concerns to whom contracts are let and for whom financing is arranged by the Administration, together with the amounts involved. With respect to minority small business concerns, the report shall include the proportion of loans and other assistance under this chapter provided to such concerns, the goals of the Administration for the next fiscal year with respect to such concerns, and recommendations for improving assistance to minority small business concerns under this chapter.
**(b) Cybersecurity reports**
(1) **Annual report** — Not later than 180 days after December 21, 2022, and every year thereafter, the Administrator shall submit a report to the appropriat
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 639
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Federal law — U.S. Code and appendices · legal_authorities
In this subtitle, the term “commercial product” means any of the following:
(1) A product, other than real property, that—
(A) is of a type customarily used by the general public or by nongovernmental entities for purposes other than governmental purposes; and
(B) has been sold, leased, or licensed, or offered for sale, lease, or license, to the general public.
(2) A product that—
(A) evolved from a product described in paragraph (1) through advances in technology or performance; and
(B) is not yet available in the commercial marketplace but will be available in the commercial marketplace in time to satisfy the delivery requirements under a Federal Government solicitation.
(3) A product that would satisfy the criteria in paragraph (1) or (2) were it not for—
(A) modifications of a type customarily available in the commercial marketplace; or
(B) minor modifications made to meet Federal Government requirements.
(4) Any combination of products meeting the requirements of paragraph (1), (2), or (3) that are of a type customarily combined and sold in combination to the general public.
(5) A product, or combination of products, referred to in paragraphs (1) through (4), even though the product, or combination of products, is transferred between or among separate divisions, subsidiaries, or affiliates of a contractor.
(6) A nondevelopmental item if the procuring agency determines, in accordance with conditions in the Federal Acquisition Regulation, that—
(A) the product was developed exclusively at private expense; and
(B) has been sold in substantial quantities, on a competitive basis, to multiple State and local governments or to multiple foreign governments.
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 103
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Federal law — U.S. Code and appendices · legal_authorities
In this part, the term “competitive procedures” means procedures under which the head of an agency enters into a contract pursuant to full and open competition. Such term also includes—
(1) procurement of architectural or engineering services conducted in accordance with chapter 11 of title 40;
(2) the competitive selection for award of science and technology proposals resulting from a general solicitation and the peer review or scientific review (as appropriate) of such proposals;
(3) the procedures established by the Administrator of General Services for the multiple award schedule program of the General Services Administration if—
(A) participation in the program has been open to all responsible sources; and
(B) orders and contracts under such program result in the best value to meet the needs of the United States;
(4) procurements conducted in furtherance of section 15 of the Small Business Act ([15 U.S.C. 644](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section644&num=0&edition=prelim)) as long as all responsible business concerns that are entitled to submit offers for such procurements are permitted to compete; and
(5) a competitive selection of research proposals resulting from a general solicitation and peer review or scientific review (as appropriate) solicited pursuant to section 9 of the Small Business Act ([15 U.S.C. 638](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section638&num=0&edition=prelim)).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3012
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Federal law — U.S. Code and appendices · legal_authorities
In this subpart:
(1) The term “national technology and industrial base” means the persons and organizations that are engaged in research, development, production, integration, services, or information technology activities conducted within the United States, the United Kingdom of Great Britain and Northern Ireland, Australia, New Zealand, and Canada.
(2) The term “dual-use” with respect to products, services, standards, processes, or acquisition practices, means products, services, standards, processes, or acquisition practices, respectively, that are capable of meeting requirements for military and nonmilitary applications.
(3) The term “dual-use critical technology” means a critical technology that has military applications and nonmilitary applications.
(4) The term “technology and industrial base sector” means a group of public or private persons and organizations that engage in, or are capable of engaging in, similar research, development, production, integration, services, or information technology activities.
(5) The terms “Federal laboratory” and “laboratory” have the meaning given the term “laboratory” in section 12(d)(2) of the Stevenson-Wydler Technology Innovation Act of 1980 ([15 U.S.C. 3710a(d)(2)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section3710a/d/2&num=0&edition=prelim)), except that such terms include a federally funded research and development center sponsored by a Federal agency.
(6) The term “critical technology” means a technology that is—
(A) a national critical technology; or
(B) a defense critical technology.
(7) The term “national critical technology” means a technology that appears on the list of national critical technologies contained in the most recent biennial report on national critical technolo
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4801
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Federal law — U.S. Code and appendices · legal_authorities
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Source: U.S. Code supplied Markdown snapshot · 10 U.S.C. § 2377
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3455
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** A product support manager is the individual responsible for managing product support required to field and maintain the readiness and operational capability of a covered system throughout the life cycle of the covered system.
**(b) Designation.—** The Secretary of Defense shall designate a product support manager for each covered system who shall be coequal with the program manager for such covered system and report directly to the portfolio acquisition executive responsible for such covered system.
**(c) Objectives.—** The product support manager shall seek to achieve the objectives of the defense acquisition system established pursuant to [section 3102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3102&num=0&edition=prelim) and shall identify, develop, implement, incentivize, and measure quantifiable best value outcome-based product support that optimizes life-cycle cost, readiness, and operational capability of a covered system.
**(d) Specific Responsibilities.—** A product support manager shall be responsible for the following with respect to a covered system:
(1) Developing and executing the product support strategy required under [section 4324 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4324&num=0&edition=prelim).
(2) Providing product support and subject matter expertise to the relevant program manager and portfolio acquisition executive.
(3) 11 So in original. There are two pars. (3). Collaborating with chief engineers and systems engineers—
(A) in developing the life-cycle sustainment plan and product support strategy required under [section 4324 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4324&
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1733
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Declaration of policy** Research and development are major factors in the growth and progress of industry and the national economy. The expense of carrying on research and development programs is beyond the means of many small-business concerns, and such concerns are handicapped in obtaining the benefits of research and development programs conducted at Government expense. These small-business concerns are thereby placed at a competitive disadvantage. This weakens the competitive free enterprise system and prevents the orderly development of the national economy. It is the policy of the Congress that assistance be given to small-business concerns to enable them to undertake and to obtain the benefits of research and development in order to maintain and strengthen the competitive free enterprise system and the national economy.
**(b) Assistance to small-business concerns** It shall be the duty of the Administration, and it is empowered—
(1) to assist small-business concerns to obtain Government contracts for research and development;
(2) to assist small-business concerns to obtain the benefits of research and development performed under Government contracts or at Government expense;
(3) to provide technical assistance to small-business concerns to accomplish the purposes of this section;
(4) to develop and maintain a source file and an information program to assure each qualified and interested small business concern the opportunity to participate in Federal agency small business innovation research programs and small business technology transfer programs;
(5) to coordinate with participating agencies a schedule for release of SBIR and STTR solicitations, and to prepare a master release schedule so as to maximize small businesses’ opportunities to respond to
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 638
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means—
(1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense;
(2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and
(3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense.
**(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that—
(1) employs members of the acquisition workforce;
(2) carries out acquisition functions; and
(3) focuses primarily on acquisition.
**(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3001
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