Sec. 828. Requirement for contractors to provide reasonable access to repair materials
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Chapter 363 of title 10, United States Code, is amended by adding at the end the following new section: The head of an agency may not enter into a contract for the procurement of goods or services unless the contractor agrees in writing to provide the Department of Defense fair and reasonable access to all the repair materials, including parts, tools, and information, used by the manufacturer or provider or their authorized partners to diagnose, maintain, or repair the good or service.
In this section, the term fair and reasonable access means, as applicable— provision at prices, terms, and conditions that are equivalent to the most favorable prices, terms, and conditions under which the manufacturer, or an authorized reseller or distributor, offers the part, tool, or information to an authorized repair provider, accounting for any discount, rebate, convenient and timely means of delivery, means of enabling fully restored and updated functionality, rights of use, or other incentive or preference the manufacturer offers to an authorized repair provider; or if a manufacturer does not offer, directly or through an authorized reseller or distributor, the part, tool, or information to any authorized repair provider, provision of such part, tool, or information at prices, terms, and conditions that are otherwise determined to be fair and reasonable by the Government in accordance with this title. .
The table of sections at the beginning of chapter 363 of title 10, United States Code, is amended by inserting after the item relating to section 4662 the following new item: 4663. Requirement for contractors to provide reasonable access to repair materials. . Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the congressional defense committees a report on the implementation of section 4663 of title 10, United States Code, as added by this section, including a description of compliance by the Department with the requirements of such section.