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TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS

Subtitle E — Provisions Relating to Commercial Items

P. L. 115-

House Conference Report. 115-404

(a) In General.—Section 103(8) of title 41, United States Code, is amended by inserting before the period at the end the following: “or to multiple foreign governments”.

(b) Effect On Section 2464 Of Title 10.—Nothing in the amendment made by subsection (a) shall affect the meaning of the term “commercial item” for purposes of subsection (a)(5) of section 2464 of title 10, United States Code, or any requirement under subsection (a)(3) or subsection (c) of such section.

The Senate amendment contained a provision (sec. 852) that would amend section 103(8) of title 41, United States Code, to clarify that nondevelopmental items are commercial items when the procuring agency determines, in accordance with conditions in the Federal Acquisition Regulation, that the item was developed exclusively at private expense and has been sold in substantial quantities on a competitive basis to multiple foreign governments.

The House bill contained no similar provision.

The House recedes with an amendment that would clarify that the amendment made by this provision shall not affect the meaning of the term "commercial item" for purposes of subsection (a)(5) of section 2464 of title 10, United States Code.