Sec. 827. Modifications to commercial product and commercial service determinations
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/bill/118/s/4638/rs/section-827·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 3456 of title 10, United States Code, is amended— in subsection (b)— in paragraph (2), by striking a contract award and inserting a determination described in paragraph
(1); and by adding at the end the following new paragraphs: The Department of Defense shall establish a formal appeals process for contractors when a non-commercial determination is made by a Department of Defense contracting officer. Should a contracting officer of the Department of Defense determine that the price offered by the contractor is not fair and reasonable, or the contractor denies requests for additional cost or pricing data, then the contracting officer may determine the product or service to be on-commercial. ; and in subsection (c)(1)— by inserting , including a subcontract, after A contract ; by inserting (including any for such product with a prior part number, but same functionality) after for a product ; and by inserting the prior subcontract determination was not issued by a Department of Defense contracting officer or after for purposes of this chapter unless . Section 3703(d) of title 10, United States Code, is amended— in paragraph (1)— by striking commercial product or commercial service ; and by inserting that a product or service is or is not commercial after Department of Defense ; and in paragraph (2)— by striking a product or service previously determined to be a commercial product or a commercial service using procedures other than and inserting a commercial product or commercial service or a non-commercial product or a non-commercial service using ; and by inserting or a non-commercial product or non-commercial service after authorized for the procurement of a commercial product or a commercial service .