Sec. 1828. Review of commercial products and commercial services acquisition approach
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The Secretary of Defense shall conduct a comprehensive review of the approach of the Department of Defense to acquiring commercial products and commercial services. The review required by subsection
(a)shall assess the following: The policies, procedures, guidance, and instructions of the Department of Defense relating to acquiring commercial products and commercial services. A comprehensive review of the centralized capability established under section 3456 of title 10, United States Code, for assisting in determinations of a product or service as a commercial product or commercial service (as applicable), including an assessment of the following: Methods to enhance responsiveness to determination requests, including timelines and backlog reduction targets. Approaches to increase the number of determinations of products and services as commercial products and commercial services, respectively, by— employing commercially-derived technologies and processes; and emphasizing a broad application of the definition of the terms commercial product and commercial service . The review and acceptance of commercial pricing lists of contractors to ensure such lists will be valid across separate offers. Current experience of members of the acquisition workforce in private-sector approaches to contract negotiations and recommendations for recruitment or training to build such expertise. Opportunities to partner with the Director of the Defense Innovation Unit to improve commercial market research support and apply alternative capability-based pricing methods under section 864 of the National Defense Authorization Act for Fiscal Year 2025 ( Public Law 118–159 ) for price reasonableness evaluations. Training curricula, educational materials, and associated activities of the Department of Defense related to acquiring commercial products and commercial services, including such curricula, materials, and activities that pertain to— the determination of a product or service as a commercial product or commercial service; and any congressional intent that the definitions of the terms commercial product and commercial service should be applied broadly. Audit and oversight policies and practices of the Department of Defense related to the acquisition of commercial products and commercial services. Incentives that discourage members of the acquisition workforce from acquiring commercial products or commercial services. The process by which the Secretary of Defense develops and issues regulations related to the acquisition of commercial products or commercial services, including delays in rulemaking and the resulting delays in the implementation of policies intended to improve or streamline the acquisition of commercial products or commercial services. Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report that— describes the findings of the review required by subsection (a); describes actions taken by the Secretary of Defense to address the issues identified pursuant to such review, including any findings of noncompliance by the Secretary with the requirements of any other statutory or regulatory requirements related to advancing the procurement of commercial products and commercial services; describes findings related to the comprehensive review of the centralized capability under section 3456 of title 10, United States Code, and recommendations for whether such capability should be continued, terminated, or modified; and includes any recommendations of the Secretary of Defense on actions that Congress may take to better enable the Department of Defense to take advantage of the benefits of acquiring commercial products and commercial services. In this section, the terms commercial product and commercial service have the meanings given, respectively, in section 3011 of title 10, United States Code.
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Sec. 1828
Review of commercial products and commercial services acquisition approach
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