
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC2377]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
              CHAPTER 140--PROCUREMENT OF COMMERCIAL ITEMS
 
Sec. 2377. Preference for acquisition of commercial items

    (a) Preference.--The head of an agency shall ensure that, to the 
maximum extent practicable--
        (1) requirements of the agency with respect to a procurement of 
    supplies or services are stated in terms of--
            (A) functions to be performed;
            (B) performance required; or
            (C) essential physical characteristics;

        (2) such requirements are defined so that commercial items or, 
    to the extent that commercial items suitable to meet the agency's 
    needs are not available, nondevelopmental items other than 
    commercial items, may be procured to fulfill such requirements; and
        (3) offerors of commercial items and nondevelopmental items 
    other than commercial items are provided an opportunity to compete 
    in any procurement to fill such requirements.

    (b) Implementation.--The head of an agency shall ensure that 
procurement officials in that agency, to the maximum extent 
practicable--
        (1) acquire commercial items or nondevelopmental items other 
    than commercial items to meet the needs of the agency;
        (2) require prime contractors and subcontractors at all levels 
    under the agency contracts to incorporate commercial items or 
    nondevelopmental items other than commercial items as components of 
    items supplied to the agency;
        (3) modify requirements in appropriate cases to ensure that the 
    requirements can be met by commercial items or, to the extent that 
    commercial items suitable to meet the agency's needs are not 
    available, nondevelopmental items other than commercial items;
        (4) state specifications in terms that enable and encourage 
    bidders and offerors to supply commercial items or, to the extent 
    that commercial items suitable to meet the agency's needs are not 
    available, nondevelopmental items other than commercial items in 
    response to the agency solicitations;
        (5) revise the agency's procurement policies, practices, and 
    procedures not required by law to reduce any impediments in those 
    policies, practices, and procedures to the acquisition of commercial 
    items; and
        (6) require training of appropriate personnel in the acquisition 
    of commercial items.

    (c) Preliminary Market Research.--(1) The head of an agency shall 
conduct market research appropriate to the circumstances--
        (A) before developing new specifications for a procurement by 
    that agency; and
        (B) before soliciting bids or proposals for a contract in excess 
    of the simplified acquisition threshold.

    (2) The head of an agency shall use the results of market research 
to determine whether there are commercial items or, to the extent that 
commercial items suitable to meet the agency's needs are not available, 
nondevelopmental items other than commercial items available that--
        (A) meet the agency's requirements;
        (B) could be modified to meet the agency's requirements; or
        (C) could meet the agency's requirements if those requirements 
    were modified to a reasonable extent.

    (3) In conducting market research, the head of an agency should not 
require potential sources to submit more than the minimum information 
that is necessary to make the determinations required in paragraph (2).

(Added Pub. L. 103-355, title VIII, Sec. 8104(a), Oct. 13, 1994, 108 
Stat. 3390.)

                  Section Referred to in Other Sections

    This section is referred to in title 15 section 205l.
