Page:United States Statutes at Large Volume 124.djvu/3781

 124 STAT. 3755 PUBLIC LAW 111–350—JAN. 4, 2011 a law properly listed in the Federal Acquisition Regulation pursuant to section 1906 of this title. (b) PREFERENCE.—The head of each executive agency shall ensure that, to the maximum extent practicable— (1) requirements of the executive agency with respect to a procurement of supplies or services are stated in terms of— (A) functions to be performed; (B) performance required; or (C) essential physical characteristics; (2) those requirements are defined so that commercial items or, to the extent that commercial items suitable to meet the executive agency’s needs are not available, nondevelopmental items other than commercial items may be procured to fulfill those requirements; and (3) offerors of commercial items and nondevelopmental items other than commercial items are provided an opportunity to compete in any procurement to fill those requirements. (c) IMPLEMENTATION.—The head of each executive agency shall ensure that procurement officials in that executive agency, to the maximum extent practicable— (1) acquire commercial items or nondevelopmental items other than commercial items to meet the needs of the executive agency; (2) require that prime contractors and subcontractors at all levels under contracts of the executive agency incorporate commercial items or nondevelopmental items other than commercial items as components of items supplied to the execu- tive agency; (3) modify requirements in appropriate cases to ensure that the requirements can be met by commercial items or, to the extent that commercial items suitable to meet the executive agency’s needs are not available, nondevelopmental items other than commercial items; (4) state specifications in terms that enable and encourage bidders and offerors to supply commercial items or, to the extent that commercial items suitable to meet the executive agency’s needs are not available, nondevelopmental items other than commercial items in response to the executive agency solicitations; (5) revise the executive agency’s procurement policies, prac- tices, and procedures not required by law to reduce any impedi- ments in those policies, practices, and procedures to the acquisi- tion of commercial items; and (6) require training of appropriate personnel in the acquisi- tion of commercial items. (d) MARKET RESEARCH.— (1) WHEN TO BE USED.—The head of an executive agency shall conduct market research appropriate to the cir- cumstances— (A) before developing new specifications for a procure- ment by that executive agency; and (B) before soliciting bids or proposals for a contract in excess of the simplified acquisition threshold. (2) USE OF RESULTS.—The head of an executive agency shall use the results of market research to determine whether commercial items or, to the extent that commercial items suit- able to meet the executive agency’s needs are not available,