Sec. 228. COMMERCIAL PREFERENCE
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## SEC. 228 COMMERCIAL PREFERENCE Section 40110(d) of title 49, United States Code, is further amended— ####
(1)in paragraph
(1)by striking “and implement” and inserting “, implement, and periodically update”; ####
(2)in paragraph
(2)by striking “the new acquisition management system developed and implemented” and inserting “the acquisition management system developed, implemented, and periodically updated” each place it appears; ####
(3)in paragraph (3)— #####
(A)in the matter preceding subparagraph (A)— ######
(i)by striking “new”; and ######
(ii)by striking “and implemented” and inserting “, implemented, and periodically updated”; and #####
(B)in subparagraph
(B)by striking “Within” and all that follows through “the Administrator” and inserting “The Administrator”; ####
(4)by redesignating paragraph
(4)as paragraph (5); and ####
(5)by inserting after paragraph
(3)the following: > > #### “(4) Commercial products and services > > In implementing and updating the acquisition management system pursuant to paragraph (1), the Administrator shall, whenever possible— > > > ##### “(A) > > describe the requirements with respect to a solicitation for the procurement of supplies or services in terms of— > > > ###### “(i) > > functions to be performed; > > > ###### “(ii) > > performance required; or > > > ###### “(iii) > > essential physical and system characteristics; > > > ##### “(B) > > ensure that commercial services or commercial products may be procured to fulfill such solicitation, or to the extent that commercial products suitable to meet the needs of the Administration are not available, ensure that nondevelopmental items other than commercial products may be procured to fulfill such solicitation; > > > ##### “(C) > > provide offerors of commercial services, commercial products, and nondevelopmental items other than commercial products an opportunity to compete in any solicitation for the procurement of supplies or services; > > > ##### “(D) > > revise the procurement policies, practices, and procedures of the Administration to reduce any impediments to the acquisition of commercial products and commercial services; > > > ##### “(E) > > ensure that any procurement of new equipment takes into account the life cycle, reliability, performance, service support, and costs to guarantee the acquisition of equipment that is of high quality and reliability resulting in greater performance and cost-related benefits; and > > > ##### “(F) > > ensure that procurement officials— > > > ###### “(i) > > acquire commercial services, commercial products, or nondevelopmental items other than commercial products to meet the needs of the Administration; > > > ###### “(ii) > > in a solicitation for the procurement of supplies or services, state the specifications for such supplies or services in terms that enable and encourage bidders and offerors to supply commercial services or commercial products, or to the extent that commercial products suitable to meet the needs of the Administration are not available, to supply nondevelopmental items other than commercial products; > > > ###### “(iii) > > require that prime contractors and subcontractors at all levels under contracts with the Administration incorporate commercial services, commercial products, or nondevelopmental items other than commercial products as components of items supplied to the Administration; > > > ###### “(iv) > > modify procurement requirements in appropriate circumstances to ensure that such requirements can be met by commercial services or commercial products, or to the extent that commercial products suitable to meet the needs of the Administration are not available, nondevelopmental items other than commercial products; and > > > ###### “(v) > > require training of appropriate personnel in the acquisition of commercial products and commercial services.” > .