Sec. 814. MODIFICATIONS TO COMMERCIAL PRODUCT AND COMMERCIAL SERVICE DETERMINATIONS

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## SEC. 814 MODIFICATIONS TO COMMERCIAL PRODUCT AND COMMERCIAL SERVICE DETERMINATIONS Section 3456(c) of title 10, United States Code, is amended by striking paragraph

(1)and inserting the following paragraph: > > #### “(1) Determinations > > A contract or subcontract for a product (including a product without a part number or a product with a prior part number that has the same functionality as the product had with the prior part number) or service acquired using commercial acquisition procedures under part 12 of the Federal Acquisition Regulation shall serve as a prior commercial product or commercial service determination with respect to such product or service for purposes of this chapter, including when subject to minor modifications, unless— > > > ##### “(A) > > the prior determination was not issued or approved by a contracting officer of the Department of Defense; or > > > ##### “(B) > > 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 product or service using commercial acquisition procedures.” > .