Modifications to relationship of other provisions of law to procurement of commercial products and commercial services

Section 3452 of title 10, United States Code, is amended by striking subsections (b) through (e) and inserting the following new subsections: (b) Applicability of defense-unique statutes to contracts for commercial products and commercial services The Defense Federal Acquisition Regulation Supplement shall include a list of defense-unique contract clause requirements based on statute, executive orders, or acquisition policies that are applicable to contracts for the procurement of commercial products and commercial services entered into by the Department of Defense. (c) Applicability of defense-unique statutes to subcontracts for commercial products and commercial services (1) The Defense Federal Acquisition Regulation Supplement shall include a list of defense-unique contract clause requirements based on statute, executive orders, or acquisition policies that are applicable to subcontracts for the procurement of commercial products and commercial services. (2) In this subsection— (A) the term other supply agreements means any agreement entered into by a contractor or subcontractor for the supply of products, materials, or services that are intended for use in the performance of multiple contracts with the Department of Defense or other parties and are not identifiable to any particular contract; and (B) the term subcontract — (i) includes a transfer of commercial products and commercial services between divisions, subsidiaries, or affiliates of a contractor or subcontractor; and (ii) does not include other supply agreements. (3) This subsection does not authorize the waiver of the applicability of any provision of law or contract clause requirement with respect to any first-tier subcontract under a contract with a prime contractor reselling or distributing commercial products and commercial services of another contractor without adding value. (d) Applicability of defense-unique statutes to contracts for commercially available, off-the-shelf items The Defense Federal Acquisition Regulation Supplement shall include a list of defense-unique contract clause requirements based on statute, executive orders, or acquisition policies that are applicable to subcontracts for the procurement of commercially available off-the-shelf items entered into by the Department of Defense..