Sec. 848. COMMERCIAL ITEM DETERMINATIONS

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## SEC. 848 COMMERCIAL ITEM DETERMINATIONS Section 2380 of title 10, United States Code, is amended— ####

(1)by striking “The Secretary” and inserting “(a) In General.—The Secretary”; and ####

(2)by adding at the end the following new subsection: > > ### “(b) Items Previously Acquired Using Commercial Item Acquisition Procedures > > > #### “(1) Determinations > > A contract for an item acquired using commercial item acquisition procedures under part 12 of the Federal Acquisition Regulation shall serve as a prior commercial item determination with respect to such item for purposes of this chapter unless the senior procurement executive of the military department or the Department of Defense as designated for purposes of section 1702(c) of title 41 determines in writing that it is no longer appropriate to acquire the item using commercial item acquisition procedures. > > > #### “(2) Limitation > > > #####

(A)> > Except as provided under subparagraph (B), funds appropriated or otherwise made available to the Department of Defense may not be used for the procurement under part 15 of the Federal Acquisition Regulation of an item that was previously acquired under a contract using commercial item acquisition procedures under part 12 of the Federal Acquisition Regulation. > > > ##### “(B) > > The limitation under subparagraph

(A)does not apply to the procurement of an item that was previously acquired using commercial item acquisition procedures under part 12 of the Federal Acquisition Regulation following— > > > ###### “(i) > > a written determination by the head of contracting activity pursuant to section 2306a(b)(4)(B) of this title that the use of such procedures was improper; or > > > ###### “(ii) > > a written determination by the senior procurement executive of the military department or the Department of Defense as designated for purposes of section 1702(c) of title 41 that it is no longer appropriate to acquire the item using such procedures.” > . **[**Section 849 was repealed by section 811(b)(6)(A) of division A of Public Law 119-60.**]**

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Pub. L. 119-60

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Sec. 848

COMMERCIAL ITEM DETERMINATIONS

Pub. L.Pub. L. 119-60

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