Sec. 803. Modifications to cost or pricing data for certain procurements
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Section 2306a(b)(4) of title 10, United States Code, is amended by adding at the end the following new subparagraph: If the head of contracting activity determines, based on market research, that a commercial item will be solely procured by the Department of Defense, the offeror of such commercial product shall provide cost or pricing data to the contracting officer pursuant to subsection (a). . Effective January 1, 2020, subparagraph
(D)of section 2306a(b)(4) of title 10, United States Code, as added by paragraph (1), is amended by striking commercial item and inserting commercial product . Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall revise the Defense Supplement to the Federal Acquisition Regulation to require an offeror for a sole source contract, subcontract, or modification of a sole source contract or subcontract, to submit to the contracting officer data other than certified cost or pricing data under section 2306a(d) of title 10, United States Code, for purposes of determining the reasonableness of the price of the contract, subcontract, or modification of the contract or subcontract. With respect to an offeror that fails to comply with the requirements established under paragraph (1), the Secretary of Defense may— suspend or debar such offeror; or include a notation on such offeror in the system used by the Federal Government to monitor or record contractor past performance. The Director of the Defense Contract Management Agency shall identify which commercial products (as defined in section 103 of title 41, United States Code, as in effect on January 1, 2020) should be analyzed under the should-cost review process before the Secretary of Defense enters into a contract to procure such a commercial product. Section 2322 of title 10, United States Code, is amended by adding at the end the following new subsection: The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall develop guidelines and resources on the acquisition or licensing of intellectual property, including— model forms for specially negotiated licenses described under section 2320(f) (as appropriate); and an identification of definitions, key terms, examples, and case studies that resolve ambiguities in the differences between— detailed manufacturing and process data; form, fit, and function data; and data required for operations, maintenance, installation, and training. In developing the guidelines and resources described in paragraph (1), the Secretary shall regularly consult with appropriate stakeholders, including large and small businesses, traditional and non-traditional contractors (including subcontractors), and maintenance repair organizations. .