Sec. 812. Application of recent price history and purchase orders to truthful cost or pricing data requirements
567 words·~3 min read·
/bill/118/hr/8070/rds/section-812A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 3701 of title 10, United States Code, is amended by inserting at the end the following new paragraph: The term purchase order shall have the meaning given in section 13.302 of the Federal Acquisition Regulation (or any successor regulation). . Section 3701(1) of title 10, United States Code, is amended— by inserting or purchase order after price of a contract ; and by inserting or purchase order modification after contract modification . Section 3702 of title 10, United States Code, is amended— in subsection (a), by adding at the end the following new paragraph:
An offeror for a purchase order shall be required to submit cost or pricing data before award of the purchase order. ; and in subsection (c)— in paragraph (1), by striking or at the end; in paragraph (2), by striking the period at the end and inserting ; or ; and by adding at the end the following new paragraph: in the case of a submission by an offeror for a purchase order, to the head of the contracting activity (or a designated representative of such head). . Section 3703 of title 10, United States Code, is amended— in subsection (a)— in the matter preceding paragraph (1), by striking a subcontract, or modification of a contract or subcontract and inserting a subcontract, a purchase order, or a modification of a contract, subcontract, or purchase order ; and in paragraph (1)— in subparagraph (A), by striking or at the end; in subparagraph (B), by inserting or at the end; and by adding at the end the following new subparagraph: recent price history as described in subsection (g). ; and by adding at the end the following new subsection:
Notwithstanding the requirements of subsection (e), for purposes of applying the exception under subsection (a)(1)(C) to the required submission of certified cost or pricing data for a subcontract, a purchase order, or a modification to a subcontract or purchase order with a proposed value less than or equal to $5,000,000, the contracting officer shall ensure that the price is reasonable by considering each of the following: Prices paid by the Government for a subcontract, purchase order, or modification of a subcontract or purchase order for the same good or service from the same subcontractor or supplier during the 12-month period immediately preceding the issuance of a request for proposal, request for a modification, issuance of a purchase order, or similar written intent to procure goods or services.
Such prices paid during such 12-month period that were supported by cost or pricing data or other data adequate to determine a reasonable price. The effect of inflation or other macroeconomic factors on the reliability of such prices paid. . Chapter 271 of title 10, United States Code, is amended— in section 3704, by striking subcontract, or modification of a contract or subcontract each place it appears and inserting subcontract, a purchase order, or a modification of a contract, subcontract, or purchase order ; and in section 3705, by striking subcontract, or modification of a contract or subcontract each place it appears and inserting subcontract, a purchase order, or a modification of a contract, subcontract, or purchase order .
Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall revise the Department of Defense Supplement to the Federal Acquisition Regulation to conform with the amendments made by this section.