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10 U.S.C. § 3455 — Repealed.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]

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 3455 — Repealed. Pub. L. 119–60, div. A, title VIII, § 811(a)(5), Dec. 18, 2025, 139 Stat. 948]

### 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.

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Source location: Title 10, Chapter 247, § 3455; chapter-247-procurement-of-commercial-products-and-commercial-services.md

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2223 — Information technology: additional responsibilities of Chief Information Officers

**(a) Additional Responsibilities of Chief Information Officer of Department of Defense.—** In addition to the responsibilities provided for in chapter 35 of title 44 and in [section 11315 of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section11315&num=0&edition=prelim), the Chief Information Officer of the Department of Defense shall— (1) review and provide recommendations to the Secretary of Defense on Department of Defense budget requests for information technology and national security systems; (2) ensure the interoperability of information technology and national security systems throughout the Department of Defense; (3) ensure that information technology and national security systems standards that will apply throughout the Department of Defense are prescribed; (4) provide for the elimination of duplicate information technology and national security systems within and between the military departments and Defense Agencies; and (5) maintain a consolidated inventory of Department of Defense mission critical and mission essential information systems, identify interfaces between those systems and other information systems, and develop and maintain contingency plans for responding to a disruption in the operation of any of those information systems. **(b) Additional Responsibilities of Chief Information Officer of Military Departments.—** In addition to the responsibilities provided for in chapter 35 of title 44 and in [section 11315 of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section11315&num=0&edition=prelim), the Chief Information Officer of a military department, with respect to the military department concerned, shall— (1) review budget requests for all information technology and nation

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 3453 — Preference for commercial products and commercial services

**(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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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 3455 — Procurement of a major weapon system as

Page 2491 TITLE 10—ARMED FORCES § 3455 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2377 note) to pro- vide that— ‘‘(1) the head of an agency may not enter into a contract in excess of $10,000,000 for facilities-related services, knowledge-based services (except engineer- ing services), construction services, medical services, or transportation services that are not commercial services unless the service acquisition executive of the military department concerned, the head of the Defense Agency concerned, the commander of the combatant command concerned, or the Under Sec- retary of Defense for Acquisition and Sustainment (as applicable) determines in writing that no com- mercial services are suitable to meet the agency’s needs as provided in section 2377(c)(2) of title 10, United States Code [now 10 U.S.C. 3453(c)(2)]; and ‘‘(2) the head of an agency may not enter into a contract in an amount above the simplified acquisi- tion threshold and below $10,000,000 for facilities-re- lated services, knowledge-based services (except engi- neering services), construction services, medical serv- ices, or transportation services that are not commer- cial services unless the contracting officer deter- mines in writing that no commercial services are suitable to meet the agency’s needs as provided in section 2377(c)(2) of such title [now 10 U.S.C. 3453(c)(2)].’’ INCORPORATION INTO MANAGEMENT CERTIFICATION TRAINING MANDATE Pub. L. 114–92, div. A, title VIII, § 844(b), Nov. 25, 2015, 129 Stat. 915, provided that: ‘‘The Chairman of the Joint Chiefs of Staff shall ensure that the requirements of section 2377(d) of title 10, United States Code [now 10 U.S.C. 3453(e)], as added by subsection (a), are incor- porated into

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