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Code · BILL · 114th Congress · S. 1376 (Placed on Calendar Senate) — To authorize appropriations for fiscal year 2016 for military activities of the Department of Defense, for military c... · Sec. 823

Sec. 823. Risk-based contracting for smaller contract actions under the Truth in Negotiations Act

402 words·~2 min read·/bill/114/s/1376/pcs/section-823·

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Subsection
(a)of section 2306a of title 10, United States Code, is amended— in paragraph (1)— by striking December 5, 1990 each place it appears and inserting January 15, 2016 ; by striking $500,000 each place it appears and inserting $5,000,000 ; and by striking $100,000 each place it appears and inserting $750,000 ; and in paragraph (7), by striking fiscal year 1994 constant dollar value and inserting fiscal year 2016 constant dollar value . Subsection
(c)of such section is amended to read as follows: Subject to paragraph (4), when certified cost or pricing data are not required to be submitted by subsection
(a)for a contract, subcontract, or modification of a contract or subcontract, such data may nevertheless be required to be submitted by the head of the procuring activity, if the head of the procuring activity— determines that such data are necessary for the evaluation by the agency of the reasonableness of the price of the contract, subcontract, or modification of a contract or subcontract; or requires the submission of such data in accordance with a risk-based contracting approach established pursuant to paragraph (3). In any case in which the head of the procuring activity requires certified cost or pricing data to be submitted under paragraph (1)(A), the head of the procuring activity shall justify in writing the reason for such requirement. The head of an agency shall establish a risk-based sampling approach under which the submission of certified cost or pricing data may be required for a risk-based sample of contracts, the price of which is expected to exceed the dollar amount in subsection (a)(1)(A)(ii), but not the amount in subsection (a)(1)(A)(i). The authority to require certified cost or pricing data under this paragraph shall not apply to any contract of an offeror that has not been awarded, for at least the one-year period preceding the issuance of a solicitation for the contract, any other contract in excess of the amount in subsection (a)(1)(A)(i) under which the offeror was required to submit certified cost or pricing data under this section. The head of the procuring activity may not require certified cost or pricing data to be submitted under this subsection for any contract or subcontract, or modification of a contract or subcontract, covered by the exceptions in subparagraph
(A)or
(B)of subsection (b)(1). The head of a procuring activity may not delegate functions under this subsection. .
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