Page:United States Statutes at Large Volume 124.djvu/3782

 124 STAT. 3756 PUBLIC LAW 111–350—JAN. 4, 2011 nondevelopmental items other than commercial items are avail- able that— (A) meet the executive agency’s requirements; (B) could be modified to meet the executive agency’s requirements; or (C) could meet the executive agency’s requirements if those requirements were modified to a reasonable extent. (3) ONLY MINIMUM INFORMATION REQUIRED TO BE SUB- MITTED.—In conducting market research, the head of an execu- tive agency should not require potential sources to submit more than the minimum information that is necessary to make the determinations required in paragraph (2). (e) REGULATIONS.— (1) IN GENERAL.—The Federal Acquisition Regulation shall provide regulations to implement this section, sections 102, 103, 105, and 110 of this title, and chapter 140 of title 10. (2) CONTRACT CLAUSES.— (A) DEFINITION.—In this paragraph, the term ‘‘sub- contract’’ includes a transfer of commercial items between divisions, subsidiaries, or affiliates of a contractor or sub- contractor. (B) LIST OF CLAUSES TO BE INCLUDED.—The regulations prescribed under paragraph (1) shall contain a list of con- tract clauses to be included in contracts for the acquisition of commercial end items. To the maximum extent prac- ticable, the list shall include only those contract clauses that are— (i) required to implement provisions of law or execu- tive orders applicable to acquisitions of commercial items or commercial components; or (ii) determined to be consistent with standard commercial practice. (C) REQUIREMENTS OF PRIME CONTRACTOR.—The regula- tions shall provide that the Federal Government shall not require a prime contractor to apply to any of its divisions, subsidiaries, affiliates, subcontractors, or suppliers that are furnishing commercial items any contract clause except those that are— (i) required to implement provisions of law or execu- tive orders applicable to subcontractors furnishing commercial items or commercial components; or (ii) determined to be consistent with standard commercial practice. (D) CLAUSES THAT MAY BE USED IN A CONTRACT.—To the maximum extent practicable, only the contract clauses listed pursuant to subparagraph (B) may be used in a contract, and only the contract clauses referred to in subparagraph (C) may be required to be used in a sub- contract, for the acquisition of commercial items or commer- cial components by or for an executive agency. (E) WAIVER OF CONTRACT CLAUSES.—The Federal Acquisi- tion Regulation shall provide standards and procedures for waiving the use of contract clauses required pursuant to subparagraph (B), other than those required by law, including standards for determining the cases in which a waiver is appropriate. (3) MARKET ACCEPTANCE.—