12 2 STA T . 211 PUBLIC LA W 11 0– 1 8 1 —J A N .28 , 2008 ‘ ‘ (5)Thet e rm ‘ co mmerc ial l y a v aila b leo f f - the- s helf ’, has the mea n in gp rovi d ed in section 3 5(c) of the O ffice of F ederal P roc u rement Policy A ct( 41U.S . C . 431(c)). ‘‘( 6 ) The term ‘assemblies’ means items forming a portion of a system or subsystem that can be provisioned and replaced as an entity and w hich incorporates multiple, replaceable parts. ‘‘( 7 ) The term ‘commercial derivative military article’ means an item procured by the D epartment of Defense that is or will be produced using the same production facilities, a common supply chain, and the same or similar production processes that are used for the production of articles predominantly used by the general public or by nongovernmental entities for pur- poses other than governmental purposes. ‘‘( 8 ) The term ‘subsystem’ means a functional grouping of items that combine to perform a ma j or function within an end item, such as electrical power, attitude control, and propul- sion. ‘‘( 9 ) The term ‘end item’ means the final production product when assembled or completed, and ready for issue, delivery, or deployment. ‘‘(1 0 ) The term ‘subcontract’ includes a subcontract at any tier.’’. (f) C ONF O RMI N G AM E N D MEN TS . — Section 2 533b of title 10, United States Code, is further amended— (1) in subsection (c)— (A) in the heading, by stri k ing ‘‘PRO CU REMENTS’’ and inserting ‘‘AC Q UISITIONS’’
and ( B ) in paragraphs (1) and (2), by striking ‘‘Procure- ments’’ and inserting ‘‘Ac q uisitions’’; (2) in subsection (d), by striking ‘‘procurement’’ each place it appears and inserting ‘‘acquisition’’; and (3) in subsections (f) and (g), by striking ‘‘procurements’’ each place it appears and inserting ‘‘acquisitions’’. (g) I M PL EMENT A TION.— N ot later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall prescribe regulations on the implementation of this section and the amend- ments made by this section, including specific guidance on how thresholds established in subsections (h)(3), (i) and (j) of section 2533b of title 10, United States Code, as amended by this section, should be implemented. (h) R E V ISION OF DOMESTIC NONAVAILA B ILIT Y DETERMINATIONS AND RULES.—No later than 180 days after the date of the enactment of this Act, any domestic nonavailability determination under sec- tion 2533b of title 10, United States Code, including a class devi- ation, or rules made by the Department of Defense between December 6, 2006, and the date of the enactment of this Act, shall be reviewed and amended, as necessary, to comply with the amendments made by this section. This requirement shall not apply to a domestic nonavailability determination that applies to— (1) an individual contract that was entered into before the date of the enactment of this Act; or (2) an individual Department of Defense program, e x cept to the extent that such domestic nonavailability determination applies to contracts entered into after the date of the enactment of this Act. (i) TRANSPARENCY REQUIREMENT FOR COMMERCIALLY AVAIL- ABLE OFF-T H E-SHELF ITEM EX CEPTION.—The Secretary of Defense Deadlin e s.R e port s. Deadline. 10USC253 3 b note. Deadline. Re gu lations. 10 USC 2533b note.
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