Sec. 816. DOCUMENTATION PERTAINING TO COMMERCIAL ITEM DETERMINATIONS

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## SEC. 816 DOCUMENTATION PERTAINING TO COMMERCIAL ITEM DETERMINATIONS Section 2380 of title 10, United States Code, is amended— ####

(1)by redesignating subsection

(b)as subsection (c); and ####

(2)by inserting after subsection

(a)the following new subsection: > > ### “(b) Determinations Regarding the Commercial Nature of Products or Services > > > #### “(1) In general > > In making a determination whether a particular product or service offered by a contractor meets the definition of a commercial product or commercial service, a contracting officer of the Department of Defense may— > > > ##### “(A) > > request support from the Director of the Defense Contract Management Agency, the Director of the Defense Contract Audit Agency, or other appropriate experts in the Department to make a determination whether a product or service is a commercial product or commercial service; and > > > ##### “(B) > > consider the views of appropriate public and private sector entities. > > > #### “(2) Memorandum > > Within 30 days after a contract award, the contracting officer shall, consistent with the policies and regulations of the Department, submit a written memorandum summarizing the determination referred to in paragraph (1), including a detailed justification for such determination.” > .