Modifications to commercial products and commercial services

(a) In general Section 3453 of title 10, United States Code, is amended— (1) in subsection (b), by striking procurement officials in that agency, and inserting acquisition officials in that agency, including consultants, researchers, and any individuals providing advisory services to acquisition officials,; (2) in subsection (c), by redesignating paragraphs (3) through (5) as paragraphs (4) through (6), respectively; (3) by inserting after paragraph (2) the following new paragraph: (3) The head of an agency shall establish a process for determinations regarding the non-availability of commercial products or services, including that— (A) a defense unique-development product or service may not be procured until the head of the agency determines that the market research conducted in accordance with paragraph (2) of this section resulted in no commercial product, commercial service, or nondevelopmental item suitable to meet the agency's needs; and (B) prior to acquiring a defense-unique development product or service, a program manager shall, consistent with the policies and regulations of the Department of Defense, submit a written memorandum summarizing why a defense-development unique product is required based on results of the determination in subparagraph (A), which shall be signed by the program executive officer.; and (4) by adding at the end the following new subsection: (f) Definition The term defense-unique development means a Department of Defense financed product or service to provide a defense-unique capability that does not repurpose a commercial product, commercial service, or nondevelopmental item.. (b) Determinations Section 3456 of title 10, United States Code, is amended— (1) in subsection (a), by amending paragraph (2) to read as follows: (2) assist military departments and Defense Agencies with performing market research and satisfying the requirements under section 3453 of this title pertaining to market research and the determination regarding the non-availability of commercial products or services and analysis used to determine the reasonableness of price for the purposes of procurements by the Department of Defense.; and (2) in subsection (b)(2), by inserting after the first sentence the following: The contracting officer should consider the results summarized in the memorandum issued by the program manager in accordance with the requirement in section 3453(c)(3)(B) of this title when issuing the written commercial or noncommercial determination..