Browse Arkansas Code titles and sections

10 U.S.C. § 3456 — Commercial product and commercial service determinations by Department of Defense

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

10 U.S.C. § 3456 — Commercial product and commercial service determinations by Department of Defense

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3456

Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.

Original supplied file — preserved unchanged

Download original Markdown file

File SHA-256: 08b06ec411ceb674fa3b68785b4cb46e3a34b209c859529613f0debbb4ea4d69. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.

Authority boundary: historical or unconfirmed source not current law verified.

Open the recorded source website ↗

Record provenance

Stable record: federal_law:legal_authorities:record_usc_734af082a126fde559b6ef7b
Source file: Laws/federal/codes/united-states-code/title-10/section-3456-commercial-product-and-commercial-service-determinations-by-department-o--94132ef081.md
Pages: Not recorded – Not recorded
Passage SHA-256: 089e3ea323cac1fe646c25e3bc3b1eac987397a91d5ba589c110f74e6c9faf2f

Source location: Title 10, Chapter 247, § 3456; chapter-247-procurement-of-commercial-products-and-commercial-services.md

Stored source content

**(a) In General.—** The Secretary of Defense shall— (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 (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3453&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3453/d/1/B&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1702/c&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3703/d/2&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1702/c&num=0&edition=prelim) that it is no longer appropriate to acquire the product or service using such procedures.

Cross-references

Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.

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;

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3453

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

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

10 U.S.C. § 2380 — Renumbered § 3456]

Source: U.S. Code supplied Markdown snapshot · 10 U.S.C. § 2380

Stored review status: release_metadata_unconfirmed; partially_verified. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

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

10 U.S.C. § 3001 — Defense acquisition system; element of the defense acquisition system

**(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

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

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

10 U.S.C. § 2464 — Core logistics capabilities

**(a) Necessity for Core Logistics Capabilities.—** (1) It is essential for the national defense that the Department of Defense maintain a core logistics capability that is Government-owned and Government-operated (including Government personnel and Government-owned and Government-operated equipment and facilities) to ensure a ready and controlled source of technical competence and resources necessary to ensure effective and timely response to a mobilization, national defense contingency situations, and other emergency requirements. (2) The Secretary of Defense shall identify the core logistics capabilities described in paragraph (1) and the workload required to maintain those capabilities. (3) The core logistics capabilities identified under paragraphs (1) and (2) shall include those capabilities that are necessary to maintain and repair the weapon systems and other military equipment (including mission-essential weapon systems or materiel not later than four years after achieving initial operational capability, but excluding systems and equipment under special access programs, nuclear aircraft carriers, and commercial products or commercial services described in paragraph (5)) that are identified by the Secretary, in consultation with the Chairman of the Joint Chiefs of Staff, as necessary to enable the armed forces to fulfill the strategic and contingency plans prepared by the Chairman of the Joint Chiefs of Staff under [section 153(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section153/a&num=0&edition=prelim). (4) The Secretary of Defense shall require the performance of core logistics workloads necessary to maintain the core logistics capabilities identified under paragraphs (1), (2), and (3) at Government-owned, Gover

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2464

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

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

6 U.S.C. § 453b — Litigation management

**(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

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

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

10 U.S.C. § 3456 — Commercial product and commercial

Page 2495 TITLE 10—ARMED FORCES § 3456 EFFECTIVE DATE OF 2018 AMENDMENT Amendment 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 Amend- ment; Savings Provision note under section 453b of Title 6, Domestic Security. EFFECTIVE DATE Pub. L. 109–163, div. A, title VIII, § 803(b), Jan. 6, 2006, 119 Stat. 3371, provided that: ‘‘The amendments made by subsection (a) [enacting this section] shall take ef- fect on the date of the enactment of this Act [Jan. 6, 2006], and shall apply to contracts entered into on or after such date.’’ § 3456. Commercial product and commercial service determinations by Department of De- fense (a) IN GENERAL.—The Secretary of Defense shall— (1) establish and maintain a centralized ca- pability with necessary expertise and re- sources 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 reasonable- ness for the purposes of procurements by the Department of Defense; and (2) provide to officials of the Department of Defense access to previous Department of De- fense 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. (b) DETERMINATIONS REGARDING THE COMMER- CIAL 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 com- mercial product or commercial service, a con- tracting officer of the Department of Defense may— (A) request s

Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 3456

Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.