SUBPART 234.70—ACQUISITION OF MAJOR WEAPON SYSTEMS AS COMMERCIAL ITEMS

(Added October 4, 2006)

 

 

 234.7000 Scope of subpart.
 234.7001 Definition.
 234.7002 Policy.


234.7000  Scope of subpart.

This subpart—

 

      (a)  Implements 10 U.S.C. 2379; and

 

      (b)  Requires a determination by the Secretary of Defense and a notification to Congress before acquiring a major weapon system as a commercial item.

 

234.7001  Definition.

 

“Major weapon system,” as used in this subpart, means a weapon system acquired pursuant to a major defense acquisition program, as defined in 10 U.S.C. 2430 to be a program that—

 

      (1)  Is not a highly sensitive classified program, as determined by the Secretary of Defense; and

 

      (2)(i)  Is designated by the Secretary of Defense as a major defense acquisition program; or

 

              (ii)  Is estimated by the Secretary of Defense to require an eventual total expenditure for research, development, test, and evaluation of more than $300,000,000 (based on fiscal year 1990 constant dollars) or an eventual total expenditures for procurement of more than $1,800,000,000 (based on fiscal year 1990 constant dollars).

 

234.7002  Policy.

 

      (a)  A DoD major weapon system may be treated as a commercial item, or acquired under procedures established for the acquisition of commercial items, only if—

 

              (1)  The Secretary of Defense determines that—

 

                    (i)  The major weapon system is a commercial item as defined in FAR 2.101; and

 

                    (ii)  Such treatment is necessary to meet national security objectives; and

 

              (2)  The congressional defense committees are notified at least 30 days before such treatment or acquisition occurs.  Follow the procedures at PGI 234.7002 (Pop-up Window or PGI Viewer Mode).

 

      (b)  A subsystem or component of a major weapon system that meets the definition of a commercial item—

 

              (1)  Shall be acquired under the procedures established for the acquisition of commercial items (see FAR Part 12); and

 

              (2)  Is not subject to the requirements of paragraph (a) of this section.

 

      (c)  The authority of the Secretary of Defense to make a determination under paragraph (a)(1) of this section may not be delegated below the level of Deputy Secretary of Defense.