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10 USC CHAPTER 140 - PROCUREMENT OF COMMERCIAL ITEMS 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 140 - PROCUREMENT OF COMMERCIAL ITEMS

.

-HEAD-

CHAPTER 140 - PROCUREMENT OF COMMERCIAL ITEMS

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Sec.

2375. Relationship of commercial item provisions to other

provisions of law.

2376. Definitions.

2377. Preference for acquisition of commercial items.

2378. Procurement of copier paper containing specified percentages

of post-consumer recycled content.

AMENDMENTS

1997 - Pub. L. 105-85, div. A, title III, Sec. 350(b), Nov. 18,

1997, 111 Stat. 1692, added item 2378.

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CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 42 sections 14713, 14715,

14732.

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10 USC Sec. 2375 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 140 - PROCUREMENT OF COMMERCIAL ITEMS

-HEAD-

Sec. 2375. Relationship of commercial item provisions to other

provisions of law

-STATUTE-

(a) Applicability of Title. - Unless otherwise specifically

provided, nothing in this chapter shall be construed as providing

that any other provision of this title relating to procurement is

inapplicable to the procurement of commercial items.

(b) List of Laws Inapplicable to Contracts for the Acquisition of

Commercial Items. - No contract for the procurement of a commercial

item entered into by the head of an agency shall be subject to any

law properly listed in the Federal Acquisition Regulation (pursuant

to section 34 of the Office of Federal Procurement Policy Act (41

U.S.C. 430)).

(c) Cross Reference to Exception to Cost or Pricing Data

Requirements for Commercial Items. - For a provision relating to an

exception for requirements for cost or pricing data for contracts

for the procurement of commercial items, see section 2306a(b) of

this title.

-SOURCE-

(Added Pub. L. 103-355, title VIII, Sec. 8102, Oct. 13, 1994, 108

Stat. 3390; amended Pub. L. 105-85, div. A, title X, Sec.

1073(a)(51), Nov. 18, 1997, 111 Stat. 1903; Pub. L. 107-107, div.

A, title X, Sec. 1048(a)(18), Dec. 28, 2001, 115 Stat. 1223.)

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AMENDMENTS

2001 - Subsec. (b). Pub. L. 107-107 inserted ''(41 U.S.C. 430)''

after ''section 34 of the Office of Federal Procurement Policy

Act''.

1997 - Subsec. (c). Pub. L. 105-85 substituted ''a provision

relating to an exception'' for ''provisions relating to

exceptions'' and ''section 2306a(b)'' for ''section 2306a(d)''.

EFFECTIVE DATE

For effective date and applicability of chapter, see section

10001 of Pub. L. 103-355 set out as an Effective Date of 1994

Amendment note under section 251 of Title 41, Public Contracts.

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10 USC Sec. 2376 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 140 - PROCUREMENT OF COMMERCIAL ITEMS

-HEAD-

Sec. 2376. Definitions

-STATUTE-

In this chapter:

(1) The terms ''commercial item'', ''nondevelopmental item'',

''component'', and ''commercial component'' have the meanings

provided in section 4 of the Office of Federal Procurement Policy

Act (41 U.S.C. 403).

(2) The term ''head of an agency'' means the Secretary of

Defense, the Secretary of Homeland Security, and the

Administrator of the National Aeronautics and Space

Administration.

(3) The term ''agency'' means the Department of Defense, the

Coast Guard, and the National Aeronautics and Space

Administration.

-SOURCE-

(Added Pub. L. 103-355, title VIII, Sec. 8103, Oct. 13, 1994, 108

Stat. 3390; amended Pub. L. 107-107, div. A, title X, Sec.

1048(a)(19), Dec. 28, 2001, 115 Stat. 1223; Pub. L. 107-296, title

XVII, Sec. 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.)

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AMENDMENTS

2002 - Par. (2). Pub. L. 107-296 substituted ''of Homeland

Security'' for ''of Transportation''.

2001 - Par. (1). Pub. L. 107-107 inserted ''(41 U.S.C. 403)''

after ''section 4 of the Office of Federal Procurement Policy

Act''.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective on the date of transfer of

the Coast Guard to the Department of Homeland Security, see section

1704(g) of Pub. L. 107-296, set out as a note under section 101 of

this title.

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10 USC Sec. 2377 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 140 - PROCUREMENT OF COMMERCIAL ITEMS

-HEAD-

Sec. 2377. Preference for acquisition of commercial items

-STATUTE-

(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 items or,

to the extent that commercial items suitable to meet the agency's

needs are not available, nondevelopmental items other than

commercial items, may be procured to fulfill such requirements;

and

(3) offerors of commercial items and nondevelopmental items

other than commercial items are provided an opportunity to

compete in any procurement to fill such requirements.

(b) Implementation. - The head of an agency shall ensure that

procurement officials in that agency, to the maximum extent

practicable -

(1) acquire commercial items or nondevelopmental items other

than commercial items to meet the needs of the agency;

(2) require prime contractors and subcontractors at all levels

under the agency contracts to incorporate commercial items or

nondevelopmental items other than commercial items as components

of items supplied to the agency;

(3) modify requirements in appropriate cases to ensure that the

requirements can be met by commercial items or, to the extent

that commercial items suitable to meet the agency's needs are not

available, nondevelopmental items other than commercial items;

(4) state specifications in terms that enable and encourage

bidders and offerors to supply commercial items or, to the extent

that commercial items suitable to meet the agency's needs are not

available, nondevelopmental items other than commercial items 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 items; and

(6) require training of appropriate personnel in the

acquisition of commercial items.

(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; and

(B) before soliciting bids or proposals for a contract 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 items or, to the

extent that commercial items suitable to meet the agency's needs

are not available, nondevelopmental items other than commercial

items 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).

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(Added Pub. L. 103-355, title VIII, Sec. 8104(a), Oct. 13, 1994,

108 Stat. 3390.)

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 15 section 205l.

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10 USC Sec. 2378 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 140 - PROCUREMENT OF COMMERCIAL ITEMS

-HEAD-

Sec. 2378. Procurement of copier paper containing specified

percentages of post-consumer recycled content

-STATUTE-

(a) Procurement Requirement. - (1) Except as provided in

subsections (b) and (c), a department or agency of the Department

of Defense may not procure copying machine paper after the

applicable date specified in paragraph (2) unless the percentage of

post-consumer recycled content of the paper meets the percentage

then in effect under such paragraph.

(2) The percentage of post-consumer recycled content of paper

required under paragraph (1) is as follows:

(A) 20 percent as of January 1, 1998.

(B) 30 percent as of January 1, 1999.

(C) 50 percent as of January 1, 2004.

(b) Exceptions. - A department or agency of the Department of

Defense is not required to procure copying machine paper containing

a percentage of post-consumer recycled content that meets the

applicable requirement in subsection (a) if the Secretary concerned

determines that one or more of the following circumstances apply

with respect to that procurement:

(1) The cost of procuring copying machine paper satisfying the

applicable requirement significantly exceeds the cost of

procuring copying machine paper containing a percentage of

post-consumer recycled content that does not meet such

requirement. The Secretary concerned shall establish the cost

differential to be applied under this paragraph.

(2) Copying machine paper containing a percentage of

post-consumer recycled content meeting such requirement is not

reasonably available within a reasonable period of time.

(3) Copying machine paper containing a percentage of

post-consumer recycled content meeting such requirement does not

meet performance standards of the department or agency for

copying machine paper.

(c) Effect of Inability To Meet Goal in 2004. - (1) In the case

of the requirement that will take effect on January 1, 2004,

pursuant to subsection (a)(2)(C), the requirement shall not take

effect with respect to a military department or Defense Agency if

the Secretary of Defense determines that the department or agency

will be unable to meet such requirement by that date.

(2) The Secretary shall submit to Congress written notice of any

determination made under paragraph (1) and the reasons for the

determination. The Secretary shall submit such notice, if at all,

not later than January 1, 2003.

(d) Secretary Concerned Defined. - In this section, the term

''Secretary concerned'' means the Secretary of each military

department and the Secretary of Defense with respect to the Defense

Agencies.

-SOURCE-

(Added Pub. L. 105-85, div. A, title III, Sec. 350(a), Nov. 18,

1997, 111 Stat. 1691.)

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