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

Subtitle B--Amendments to General Contracting Authorities, Procedures, and Limitations

P. L. 116-92

House Conference Report 116-333

(1) In general.--Section 2377(c) of title 10, United States Code, is amended--

(A) by redesignating paragraph (4) as paragraph (5); and

(B) by inserting after paragraph (3) the following new paragraph:

``(4) The head of an agency shall document the results of market research in a manner appropriate to the size and complexity of the acquisition.''.

(2) Conforming amendment related to prospective amendment.--Section 836(d)(3)(C)(ii) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232) is amended by striking ``in paragraph (4)'' and inserting ``in paragraph (5)''.

(b) Civilian Agency Procurements.--Section 3307(d) of title 41, United States Code, is amended by adding at the end the following new paragraph:

``(4) Documentation.--The head of the agency shall document the results of market research in a manner appropriate to the size and complexity of the acquisition.''.

The Senate bill contained two provisions (sec. 809 and sec. 5802) that would amend section 2377(c) of title 10, United States Code, and section 3307(d) of title 41, United States Code, respectively, to require that market research for commercial products and services be documented in a manner appropriate to the size and complexity of the acquisition.

The House amendment contained no similar provision.

The House recedes.

Senate Report 116-48

Documentation of market research related to commercial item determinations (sec. 809)

The committee recommends a provision that would amend section 2377(c) of title 10, United States Code, to require that market research be documented, at a level appropriate to the size and complexity of the acquisition, when procuring commercial products and services.