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

Subtitle G--Other Matters

P. L. 118-31

Conference Report

SEC. 875. STUDY ON REDUCING BARRIERS TO ACQUISITION OF COMMERCIAL PRODUCTS AND SERVICES.

(a) In General.--The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall conduct a
study on the feasibility and advisability of--

(1) establishing a default determination that products and services acquired by the Department of Defense are commercial and do not require commercial determination as provided under section 3456 of title 10, United States Code;

(2) establishing a requirement for a product or service to be determined not to be a commercial product or service prior to the use of procedures other than procedures under part 12 of the Federal Acquisition Regulation; and

(3) mandating the use of commercial procedures under part 12 of the Federal Acquisition Regulation unless a justification for a determination that a product or service is not a commercial product or service is determined.

(b) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the findings of the study conducted under subsection (a). The report shall include specific findings with relevant data and proposed recommendations, including any necessary and desirable modifications to applicable statute for any changes the Department seeks to make regarding paragraphs (1) through (3) of subsection (a).

Sec. 875--Study on reducing barriers to acquisition of commercial products and services

The Senate amendment contained a provision (sec. 806) that would require the Under Secretary of Defense for Acquisition and Sustainment to conduct a feasibility study and provide recommendations on ways to improve the acquisition of commercial products and services.

The House bill contained no similar provision.

The House recedes.


S. Rept. 118-58

Study on reducing barriers to acquisition of commercial products and services (sec. 806)

The committee recommends a provision that would require the Under Secretary of Defense for Acquisition and Sustainment to conduct a feasibility study and provide recommendations on ways to improve the acquisition of commercial products and services. 

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