Go to NDAA Pages

SEC. 801. COMMERCIAL NATURE DETERMINATION MEMO AVAILABLE TO CONTRACTOR.

Section 3456(b)(2) of title 10, United States Code, is amended--

(1) by striking ``for such determination'' and inserting ``why the product or service was determined to be commercial or noncommercial''; and

(2) by adding at the end the following: ``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.''.

Sec. 801--Commercial nature determination memo available to contractor

The House bill contained a provision (sec. 801) that would require the Department of Defense to share the determination of commerciality made by contracting officers upon the request of the contractor.

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would have the Office of Defense Pricing and Contracting provide companies documentation about positive or negative commercial item determinations to increase transparency around those decisions.