Modifications to treatment of certain products and services as commercial products and commercial services

Section 3457 of title 10, United States Code, is amended— (1) in subsection (a)— (A) by inserting (1) before Notwithstanding; (B) by striking may be treated and inserting shall be treated; and (C) by adding at the end the following new paragraph: (2) The requirement under paragraph (1) may be waived or modified with a written determination approved by the head of contracting activity, delegable to no lower than the senior contracting official. The written determination shall include a justification for why commercial procedures should be waived or modified, such as tailored market research demonstrating that potential suppliers could not effectively provide the required product or services under commercial procedures.; (2) by striking subsection (b); (3) by redesignating subsection (c) as subsection (b); and (4) by adding at the end the following new subsection: (c) Preference inapplicable The authority under subsection (a)(1) shall not be construed to give preference to the purchase of a product or service pursuant to section 3453 of this title solely on the basis that such offered product or service is deemed commercial as a result of the exercise of such authority..

Section 3457 of title 10, United States Code, is amended— (1) in subsection (a)— (A) by inserting (1) before Notwithstanding; (B) by striking may be treated and inserting shall be treated; and (C) by adding at the end the following new paragraph: (2) The requirement under paragraph (1) may be waived or modified with a written determination approved by the head of contracting activity, delegable to no lower than the senior contracting official. The written determination shall include a justification for why commercial procedures should be waived or modified, such as tailored market research demonstrating that potential suppliers could not effectively provide the required product or services under commercial procedures.; (2) by striking subsection (b); (3) by redesignating subsection (c) as subsection (b); and (4) by adding at the end the following new subsection: (c) Preference inapplicable The authority under subsection (a)(1) shall not be construed to give preference to the purchase of a product or service pursuant to section 3453 of this title solely on the basis that such offered product or service is deemed commercial as a result of the exercise of such authority..