Section 2430 of this title, referred to in subsec. (f), was transferred to sections 4201, 4202, and 4204 of this title by Puspan. L. 116–283, div. A, title XVIII, § 1846(c)(1), (d)(1), (f)(1), Jan. 1, 2021, 134 Stat. 4248–4250. Section 4201 of this title defines “major defense acquisition program”.

2022—Subsec. (span). Puspan. L. 117–263, § 803(a), designated existing provisions as par. (1), redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1), and added par. (2).

Subsec. (c)(2). Puspan. L. 117–263, § 803(span), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “This subsection shall apply only to components and spare parts that are acquired by the Department of Defense through a prime contract or a modification to a prime contract (or through a subcontract under a prime contract or modification to a prime contract on which the prime contractor adds no, or negligible, value).”

Subsec. (d). Puspan. L. 117–263, § 803(c)(1), inserted “for Procurements That Are Not Covered by the Exceptions in Section 3703(a)(1) of This Title” after “Submitted” in heading.

Subsec. (d)(1). Puspan. L. 117–263, § 803(c)(2)(A), in introductory provisions, substituted “the offeror shall, in accordance with paragraph (4), submit to the contracting officer or provide the contracting officer access to—” for “the contracting officer shall require the offeror to submit—”.

Subsec. (d)(1)(A). Puspan. L. 117–263, § 803(c)(2)(B), inserted “a representative sample, as determined by the contracting officer, of the” before “prices paid” and “, and the terms and conditions of such sales” before semicolon at end.

Subsec. (d)(1)(B). Puspan. L. 117–263, § 803(c)(2)(C), substituted “a representative sample, as determined by the contracting officer, of the prices paid for the same or similar commercial products sold under different terms and conditions, and the terms and conditions of such sales; and” for “information on—

“(i) prices for the same or similar items sold under different terms and conditions;

“(ii) prices for similar levels of work or effort on related products or services;

“(iii) prices for alternative solutions or approaches; and

“(iv) other relevant information that can serve as the basis for a price assessment; and”.

Subsec. (d)(1)(C). Puspan. L. 117–263, § 803(c)(2)(D), inserted “only” before “if the contracting officer” and “because either the comparable commercial products provided by the offeror are not a valid basis for a price analysis or the contracting officer determines the proposed price is not reasonable after evaluating sales data, and the contracting officer receives the approval described in paragraph (5)” after “reasonableness of price”.

Subsec. (d)(4) to (6). Puspan. L. 117–263, § 803(c)(3), added pars. (4) to (6).

Subsec. (g). Puspan. L. 117–263, § 803(d), added subsec. (g).

2021—Puspan. L. 116–283, § 1821(a)(2), renumbered section 2379 of this title as this section.

Subsec. (c)(1). Puspan. L. 116–283, § 1831(j)(4), which directed amendment of this section by substituting “sections 3701–3708” for “section 2306a” and could not be executed, was repealed by Puspan. L. 117–81, § 1701(span)(10)(I)(ii).

Puspan. L. 116–283, § 1821(span)(4), substituted “chapter 271” for “section 2306a” in introductory provisions.

Subsec. (f). Puspan. L. 116–283, § 1883(span)(2), which directed that each reference in the text of title 10 to a section that was redesignated by title XVIII of Puspan. L. 116–283, as such section was in effect before the redesignation, be amended by striking such reference and inserting a reference to the appropriate redesignated section, was not executed with respect to “section 2430”, which was redesignated as multiple sections.

2018—Puspan. L. 115–232, § 836(d)(8)(D), substituted “Procurement of a major weapon system as a commercial product: requirement for prior determination by Secretary of Defense and notification to Congress” for “Requirement for determination by Secretary of Defense and notification to Congress before procurement of major weapon systems as commercial items” in section catchline.

Puspan. L. 115–232, § 836(d)(4)(C), substituted “commercial product” for “commercial item” and “commercial products” for “commercial items” wherever appearing.

Subsec. (a)(1)(A). Puspan. L. 115–232, § 836(d)(4)(B), struck out “, as defined in section 103 of title 41” before “; and”.

Subsec. (span). Puspan. L. 115–232, § 836(d)(4)(A), substituted “Commercial Products” for “Commercial Items” in heading.

Subsec. (span)(2). Puspan. L. 115–232, § 836(d)(4)(B), struck out “, as defined in section 103 of title 41” before period.

Subsec. (c). Puspan. L. 115–232, § 836(d)(4)(A), substituted “Commercial Products” for “Commercial Items” in heading.

Subsec. (c)(1)(B). Puspan. L. 115–232, § 836(d)(4)(B), struck out “, as defined in section 103 of title 41” before period.

2016—Subsec. (d)(2), (3). Puspan. L. 114–328 added par. (2) and redesignated former par. (2) as (3).

2015—Subsec. (a). Puspan. L. 114–92, § 852(a), inserted “and” at end of par. (1)(B), redesignated par. (3) as (2), and struck out former par. (2) which read as follows: “the offeror has submitted sufficient information to evaluate, through price analysis, the reasonableness of the price for such system; and”.

Subsec. (span). Puspan. L. 114–92, § 852(span)(1), substituted “if either” for “only if” in introductory provisions.

Subsec. (span)(2). Puspan. L. 114–92, § 852(span)(2), substituted “writing that” for “writing that—”, struck out subpar. (A) designation before “the subsystem is a”, substituted “title 41.” for “title 41; and”, and struck out subpar. (B) which read as follows: “the offeror has submitted sufficient information to evaluate, through price analysis, the reasonableness of the price for such subsystem.”

Subsec. (c)(1). Puspan. L. 114–92, § 852(c)(1), substituted “title if either” for “title only if” in introductory provisions.

Subsec. (c)(1)(B). Puspan. L. 114–92, § 852(c)(2), substituted “writing that” for “writing that—”, struck out cl. (i) designation before “the component or”, substituted “title 41.” for “title 41; and”, and struck out cl. (ii) which read as follows: “the offeror has submitted sufficient information to evaluate, through price analysis, the reasonableness of the price for such component or spare part.”

Subsec. (d). Puspan. L. 114–92, § 852(d), amended subsec. (d) generally. Prior to amendment, text read as follows: “To the extent necessary to make a determination under subsection (a)(2), (span)(2), or (c)(1)(B), the contracting officer may request the offeror to submit—

“(1) prices paid for the same or similar commercial items under comparable terms and conditions by both government and commercial customers; and

“(2) if the contracting officer determines that the information described in paragraph (1) is not sufficient to determine the reasonableness of price, other relevant information regarding the basis for price or cost, including information on labor costs, material costs, and overhead rates.”

2014—Subsec. (a)(1)(A). Puspan. L. 113–291, § 1071(a)(7)(A), substituted “section 103 of title 41” for “section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12))”.

Subsec. (span). Puspan. L. 113–291, § 1071(a)(7)(B), substituted “section 104 of title 41” for “section 35(c) of the Office of Federal Procurement Policy Act (41 U.S.C. 431(c))” in introductory provisions.

Subsec. (span)(2)(A). Puspan. L. 113–291, § 1071(a)(7)(A), substituted “section 103 of title 41” for “section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12))”.

Subsec. (c)(1). Puspan. L. 113–291, § 1071(a)(7)(B), substituted “section 104 of title 41” for “section 35(c) of the Office of Federal Procurement Policy Act (41 U.S.C. 431(c))” in introductory provisions.

Subsec. (c)(1)(B)(i). Puspan. L. 113–291, § 1071(a)(7)(A), substituted “section 103 of title 41” for “section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12))”.

2008—Subsec. (a)(2), (3). Puspan. L. 110–181, § 815(a)(1)(A), added par. (2) and redesignated former par. (2) as (3).

Subsec. (span). Puspan. L. 110–181, § 815(a)(1)(B), added subsec. (span) and struck out former subsec. (span). Former text read as follows: “A subsystem or component of a major weapon system shall be treated as a commercial item and purchased under procedures established for the procurement of commercial items if such subsystem or component otherwise meets the requirements (other than requirements under subsection (a)) for treatment as a commercial item.”

Subsecs. (c) to (f). Puspan. L. 110–181, § 815(a)(1)(C), (D), added subsecs. (c) and (d) and redesignated former subsecs. (c) and (d) as (e) and (f), respectively.

Amendment by Puspan. L. 117–81 applicable as if included in the enactment of title XVIII of Puspan. L. 116–283 as enacted, see section 1701(a)(2) of Puspan. L. 117–81, set out in a note preceding section 3001 of this title and note below.

Amendment by Puspan. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Puspan. L. 116–283, set out as a note preceding section 3001 of this title.

Amendment by Puspan. L. 115–232 effective Jan. 1, 2020, subject to a savings provision, see section 836(h) of Puspan. L. 115–232, set out as an Effective Date of 2018 Amendment; Savings Provision note under section 453span of Title 6, Domestic Security.

Puspan. L. 109–163, div. A, title VIII, § 803(span), Jan. 6, 2006, 119 Stat. 3371, provided that: