Sec. 802. Data requirements for commercial item pricing not based on adequate price competition
591 words·~3 min read·
/bill/117/hr/7900/rh/section-802A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 3455 of title 10, United States Code, is amended— in subsection (b)— by inserting
(1)before A subsystem ; by redesignating paragraphs
(1)and
(2)as subparagraphs
(A)and (B), respectively; and by adding at the end the following new paragraph: With respect to a subsystem for which a contracting officer made a determination under paragraph (1)(B) and for a subsystem proposed as commercial (as defined in section 103(1) of title 41, United States Code) and that has not previously been determined commercial in accordance with section 3703(d) of this title, the offeror shall provide the following information: An identification of a comparable commercial product that is customarily used by the general public or nongovernmental entities that serves as the basis for assertion that the proposed subsystem is a commercial product. A comparison of the essential physical characteristics and functionality between the proposed subsystem and the comparable commercial product in support of such assertion. The national stock number (as defined in section 101-30.101-3 of title 41, Code of Federal Regulations (or a successor regulation)), if available, for the comparable commercial product and the proposed subsystem. ; in subsection (c), by adding at the end the following new paragraph: With respect to components or spare parts proposed as commercial for which a contracting officer made a determination under paragraph (1)(B), the offeror shall provide the following information for components or spare parts proposed as commercial (as defined in section 103(1) of title 41, United States Code) and that have not previously been determined commercial in accordance with section 3703(d) of this title: An identification of a comparable commercial product that is customarily used by the general public or nongovernmental entities that serves as the basis for the assertion that the proposed components or spare parts are commercial products. A comparison of the essential physical characteristics and functionality between the proposed components or spare parts and the comparable commercial product in support of such assertion. The national stock number (as defined in section 101-30.101-3 of title 41, Code of Federal Regulations (or a successor regulation)), if available, for the comparable commercial product and the proposed components or spare parts. . Section 3455(d) is amended— in the subsection heading, by inserting after for certain procurements ; submitted in paragraph (1)— in the matter preceding subparagraph (A), by striking section, and all that follows through to submit and inserting section that are not subject to the exceptions in section 3703(a)(1) of this title, the offeror shall be required to submit to or to provide access to the contracting officer, on an unredacted basis ; in subparagraph (A)— by inserting all before prices paid ; and by inserting , and the contents of such terms and conditions after commercial customers ; in subparagraph (B)— by striking information on and all that follows through same or similar and inserting information on prices for the same or similar ; by striking conditions; and inserting conditions, and the contents of such terms and conditions; and ; and by striking clauses (ii), (iii), and (iv). in subparagraph (C)— by striking reasonableness of price, and inserting the following: reasonableness of price because the comparable products provided by the offeror are not a valid basis for a price analysis, or the contracting officer determines the proposed price is not reasonable after evaluating prices paid, the offeror shall be required to provide ; and by inserting before the period at the end the following: , where a request for cost data shall be approved at a level above the contracting officer .