Sec. 822. Data requirements for commercial products for major weapon systems
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/bill/117/s/4543/rs/section-822·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 3455(b) of title 10, United States Code is amended— by redesignating paragraphs
(1)and
(2)as subparagraphs
(A)and (B); by inserting
(1)before A subsystem of a major weapon system ; and by adding at the end the following new paragraph: For subsystems proposed as commercial as defined in section 103(1) of title 41 and that have not been previously determined commercial in accordance with section 3703(d) of this title, the offeror shall be required to identify the comparable commercial product that is customarily used by the general public or non-governmental entities that serves as the basis for the of a type assertion. The offeror shall submit a comparison of the essential physical characteristics and functionality between the proposed of a type product and the comparable commercial product in support of the of a type assertion. The offeror shall also provide the National Stock Numbers for both the comparable commercial product used by the general public, if one is assigned, and the product proposed to meet the Government’s requirement, if one is assigned. . Section 3455(c) of such title is amended— by redesignating paragraph
(2)as paragraph (3); by inserting after paragraph
(1)the following new paragraph (2): For components or spare parts proposed as commercial as defined in section 103(1) of title 41 and that have not previously been determined commercial in accordance with section 3703(d) of this title, the offeror shall be required to identify the comparable commercial product that is customarily used by the general public or non-governmental entities that serves as the basis for the of a type assertion. The offeror shall submit a comparison of the essential physical characteristics and functionality between the proposed of a type product and the comparable commercial product in support of the of a type assertion. The offeror shall also provide the National Stock Numbers for both the comparable commercial product used by the general public, if one is assigned, and the product proposed to meet the Government’s requirement, if one is assigned. ; and in paragraph (3), as so redesignated— by striking only ; and by striking on which the prime contractor adds no, or negligible, value . Section 3455(d) of such title is amended— in the subsection heading, by inserting after the following: Submitted ; for procurements that are not covered by the exceptions in section 3703(a)(1) of this title in paragraph (1)— in the matter preceding subparagraph (A), by striking the contracting officer shall require the offeror to submit— and inserting the offeror shall be required, on an unredacted basis, to submit to the contracting officer or provide access to— ; in subparagraph (A)— by inserting all before prices paid ; and by inserting , and the terms and conditions, after terms and conditions ; in subparagraph (B)— by striking clauses (ii), (iii), and (iv); and by striking information on— and all that follows through terms and conditions; and inserting information on all prices for the same or similar items sold under different terms and conditions, and the terms and conditions; and ; and in subparagraph (C), by inserting after reasonableness of price the following: because either 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 sales data ; and by adding at the end the following new paragraph: A request for cost data under paragraph (1)(C) must be approved at a level above the contracting officer. .