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41 U.S.C. § 110 — Nondevelopmental item
Federal law — U.S. Code and appendices · legal_authorities
In this subtitle, the term “nondevelopmental item” means—
(1) a commercial product;
(2) a previously developed item of supply that is in use by a department or agency of the Federal Government, a State or local government, or a foreign government with which the United States has a mutual defense cooperation agreement;
(3) an item of supply described in paragraph (1) or (2) that requires only minor modification or modification of the type customarily available in the commercial marketplace to meet the requirements of the procuring department or agency; or
(4) an item of supply currently being produced that does not meet the requirements of paragraph (1), (2), or (3) solely because the item is not yet in use.
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 110
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Stable record: federal_law:legal_authorities:record_usc_23de15911749531984a446ab
Source file: Laws/federal/codes/united-states-code/title-41/section-110-nondevelopmental-item--4933d43a7c.md
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Passage SHA-256: 384a07367a17bb889542c03f6744326168f6576fabacd90e4375406eae944081
Source location: Title 41, Chapter 1, § 110; chapter-001-chapter-1.md
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In this subtitle, the term “nondevelopmental item” means—
(1) a commercial product;
(2) a previously developed item of supply that is in use by a department or agency of the Federal Government, a State or local government, or a foreign government with which the United States has a mutual defense cooperation agreement;
(3) an item of supply described in paragraph (1) or (2) that requires only minor modification or modification of the type customarily available in the commercial marketplace to meet the requirements of the procuring department or agency; or
(4) an item of supply currently being produced that does not meet the requirements of paragraph (1), (2), or (3) solely because the item is not yet in use.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Federal cause of action**
(1) **In general** — There shall exist a Federal cause of action for claims arising out of, relating to, or resulting from an act of terrorism when qualified anti-terrorism technologies have been deployed in defense against or response or recovery from such act and such claims result or may result in loss to the Seller. The substantive law for decision in any such action shall be derived from the law, including choice of law principles, of the State in which such acts of terrorism occurred, unless such law is inconsistent with or preempted by Federal law. Such Federal cause of action shall be brought only for claims for injuries that are proximately caused by sellers 11 So in original. Probably should be “Sellers”. that provide qualified anti-terrorism technology to Federal and non-Federal government 22 So in original. Probably should be “Government”. customers.
(2) **Jurisdiction** — Such appropriate district court of the United States shall have original and exclusive jurisdiction over all actions for any claim for loss of property, personal injury, or death arising out of, relating to, or resulting from an act of terrorism when qualified anti-terrorism technologies have been deployed in defense against or response or recovery from such act and such claims result or may result in loss to the Seller.
**(b) Special rules** In an action brought under this section for damages the following provisions apply:
(1) **Punitive damages** — No punitive damages intended to punish or deter, exemplary damages, or other damages not intended to compensate a plaintiff for actual losses may be awarded, nor shall any party be liable for interest prior to the judgment.
(2) **Noneconomic damages**
(A) *In general* — Noneconomic damages may be awarde
Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 453b
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Cadre.—** The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall establish a cadre of personnel who are experts in intellectual property matters. The purpose of the cadre is to ensure a consistent, strategic, and highly knowledgeable approach to acquiring or licensing intellectual property by providing expert advice, assistance, and resources to the acquisition workforce on intellectual property matters, including acquiring or licensing intellectual property.
**(b) Leadership Structure.—** The Under Secretary—
(1) shall establish an appropriate leadership structure and office within which the cadre shall be managed; and
(2) shall determine the appropriate official to whom members of the cadre shall report.
**(c) Duties.—** The cadre of experts shall be assigned to a program office or an acquisition command within a military department to advise, assist, and provide resources to a program manager or portfolio acquisition executive on intellectual property matters at various stages of the life cycle of a system. In performing such duties, the experts shall—
(1) interpret and provide counsel on laws, regulations, and policies relating to intellectual property;
(2) advise and assist in the development of an acquisition strategy, product support strategy, and intellectual property strategy for a system;
(3) conduct or assist with financial analysis and valuation of intellectual property;
(4) assist in the drafting of a solicitation, contract, or other transaction;
(5) interact with or assist in interactions with contractors, including communications and negotiations with contractors on solicitations and awards; and
(6) conduct or assist with mediation if technical data delivered pursuant to a contract is
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1707
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Software Acquisition and Development Pathways.—** The Secretary of Defense shall establish pathways as described under subsection (b) to provide for the efficient and effective acquisition, development, integration, and timely delivery of software and covered hardware.
**(b) Pathways.—** The Secretary of Defense may establish as many pathways under this section as the Secretary determines appropriate and shall establish the following pathways:
(1) **Applications.—** — The applications pathway shall provide for the use of rapid development and implementation of applications and other software or software improvements operated by the Department of Defense, which may include applications and associated procurement of covered hardware (including modifications of a type not customarily available in the commercial marketplace to meet Department requirements), commercially available cloud computing platforms, and other nondevelopmental items.
(2) **Embedded systems.—** — The embedded systems pathway shall provide for the rapid development and insertion of upgrades and improvements for software and covered hardware embedded in weapon systems and other hardware systems unique to the Department of Defense.
**(c) Requirements for Pathways.—** A pathway established under this section shall provide for the use of proven technologies and solutions to continuously engineer and deliver capabilities for software and covered hardware.
**(d) Considerations for Use of Authority.—** In using the authority under this section, the Secretary shall consider how such use will—
(1) initiate the engineering of new software capabilities quickly and, if applicable, the integration of such capabilities into covered hardware;
(2) demonstrate the viability and effectiveness of such capabil
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3603
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Program Required.—**
(1) The Secretary of Defense, acting through the Under Secretary of Defense for Research and Engineering, shall carry out a program to provide opportunities for the increased introduction of innovative and cost-saving technology in acquisition programs of the Department of Defense.
(2) The program, to be known as the Defense Acquisition Challenge Program (hereinafter in this section referred to as the “Challenge Program”), shall provide any person or activity within or outside the Department of Defense with the opportunity to propose alternatives, to be known as challenge proposals, at the component, subsystem, system, or system-of-systems level of an existing Department of Defense acquisition program, or to address any broader functional challenge to Department of Defense missions that may not fall within an acquisition program, that would result in improvements in performance, affordability, manufacturability, or operational capability of that acquisition program or function.
**(b) Panels.—** The Under Secretary shall establish one or more panels of highly qualified scientists and engineers (hereinafter in this section referred to as “Panels”) to provide preliminary evaluations of challenge proposals under subsection (c).
**(c) Preliminary Evaluation by Panels.—**
(1) Under procedures prescribed by the Under Secretary, a person or activity within or outside the Department of Defense may submit challenge proposals to a Panel, through the unsolicited proposal process or in response to a broad agency announcement.
(2) The Under Secretary shall establish procedures pursuant to which appropriate officials of the Department of Defense may identify proposals submitted through the unsolicited proposal process as challenge proposals. The proced
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4062
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Responsibilities.—** Before granting Milestone B approval for a major defense acquisition program or major subprogram, the milestone decision authority for the program or subprogram shall ensure that—
(1) information about the program or subprogram is sufficient to warrant entry of the program or subprogram into the engineering and manufacturing development phase;
(2) appropriate trade-offs among cost, schedule, technical feasibility, and performance objectives have been made to ensure that the program or subprogram is affordable when considering the per-unit cost and the total life-cycle cost, and the Secretary of the military department concerned and the Chief of the armed force concerned concur with these trade-offs; and
(3) there are sound plans for progression of the program or subprogram to the production phase.
**(b) Factors to Be Considered for Milestone B Approval.—** A major defense acquisition program or major subprogram may not receive Milestone B approval until the milestone decision authority confirms the following factors were considered in the decision to grant Milestone B approval:
(1) The program or subprogram has received a preliminary design review and a formal post-preliminary design review or an equivalent assessment was conducted.
(2) The technology in the program or subprogram has been demonstrated in a relevant environment.
(3) The program or subprogram is affordable when considering the ability of the Department of Defense to accomplish the program’s or subprogram’s general mission using alternative systems.
(4) Reasonable lifecycle cost and schedule estimates have been developed to execute, with the concurrence of the Director of Cost Assessment and Program Evaluation, the plan under the program or subprogram.
(5) The estimated
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4252
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Federal law — U.S. Code and appendices · legal_authorities
Page 8
TITLE 41—PUBLIC CONTRACTS
§ 110
(1) the Department of Defense is responsible
for the system and the total expenditures for
research, development, testing, and evaluation
for the system are estimated to exceed
$75,000,000 (based on fiscal year 1980 constant
dollars) or the eventual total expenditure for
procurement exceeds $300,000,000 (based on fis-
cal year 1980 constant dollars);
(2) a civilian agency is responsible for the
system and total expenditures for the system
are estimated to exceed the greater of $750,000
(based on fiscal year 1980 constant dollars) or
the dollar threshold for a major system estab-
lished by the agency pursuant to Office of
Management
and
Budget
(OMB)
Circular
A–109, entitled ‘‘Major Systems Acquisitions’’;
or
(3) the head of the agency responsible for the
system designates the system a major system.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3680.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
109 .............
41:259(c)(7).
June 30, 1949, ch. 288, title
III, § 309(c)(7), as added
Pub. L. 98–369, title VII,
§ 2711(a)(3), July 18, 1984, 98
Stat. 1180; Pub. L. 98–577,
title V, § 504(a)(4), Oct. 30,
1984, 98 Stat. 3086; Pub. L.
103–355, title I, § 1551, Oct.
13, 1994, 108 Stat. 3299.
41:403(9).
Pub. L. 93–400, § 4(9), for-
merly
§ 4(10),
as
added
Pub. L. 98–577, title I,
§ 102(3), Oct. 30, 1984, 98
Stat. 3067; redesignated as
§ 4(9),
Pub.
L.
100–679,
§ 3(c), Nov. 17, 1988, 102
Stat. 4056; Pub. L. 103–355,
title VIII, § 8001(b)(1)–(3),
Oct. 13, 1994, 108 Stat. 3386.
§ 110. Nondevelopmental item
In this subtitle, the term ‘‘nondevelopmental
item’’ means—
(1) a commercial product;
(2) a previously developed item of supply
that is in use
Source: Supplied 2024 U.S. Code historical extraction · 41 U.S.C. § 110
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.