Sec. 831. GUIDANCE AND TRAINING RELATED TO EVALUATING REASONABLENESS OF PRICE

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## SEC. 831 GUIDANCE AND TRAINING RELATED TO EVALUATING REASONABLENESS OF PRICE **[**[10 U.S.C. 2306a note](/us/usc/t10/s2306a)**]** ###

(a)Guidance Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition, Technology, and Logistics shall issue guidance on the use of the authority provided by section 3705 of title 10, United States Code. The guidance shall— ####

(1)include standards for determining whether information on the prices at which the same or similar items have previously been sold is adequate for evaluating the reasonableness of price; ####

(2)include standards for determining the extent of uncertified cost information that should be required in cases in which price information is not adequate for evaluating the reasonableness of price; ####

(3)ensure that in cases in which such uncertified cost information is required, the information shall be provided in the form in which it is regularly maintained by the offeror in its business operations; and ####

(4)provide that no additional cost information may be required by the Department of Defense in any case in which there are sufficient non-Government sales to establish reasonableness of price. ###

(b)Training and Expertise Not later than 270 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition, Technology, and Logistics shall develop and begin implementation of a plan of action to— ####

(1)train the acquisition workforce on the use of the authority provided by section 3705 of title 10, United States Code, in evaluating reasonableness of price in procurements of commercial items; and ####

(2)develop a cadre of experts within the Department of Defense to provide expert advice to the acquisition workforce in the use of the authority provided by such sections in accordance with the guidance issued pursuant to subsection (a). ###

(c)Documentation Requirements The Under Secretary of Defense for Acquisition, Technology, and Logistics shall ensure that requests for uncertified cost information for the purposes of evaluating reasonableness of price are sufficiently documented. The Under Secretary shall require that the contract file include, at a minimum, the following: ####

(1)A justification of the need for additional cost information. ####

(2)A copy of any request from the Department of Defense to a contractor for additional cost information. ####

(3)Any response received from the contractor to the request, including any rationale or justification provided by the contractor for a failure to provide the requested information. ###

(d)Comptroller General Review and Report ####

(1)Review requirement The Comptroller General of the United States shall conduct a review of data collected pursuant to sections 2306a(d) and 2379 of title 10, United States Code, during the two-year period beginning on the date of the enactment of this Act. ####

(2)Report requirement Not later than 180 days after the end of the two-year period referred to in paragraph (1), the Comptroller General shall submit to the congressional defense committees a report on— #####

(A)the extent to which the Department of Defense needed access to additional cost information pursuant to sections 2306a(d) and 2379 of title 10, United States Code, during such two-year period in order to determine price reasonableness; #####

(B)the extent to which acquisition officials of the Department of Defense complied with the guidance issued pursuant to subsection

(a)during such two-year period; #####

(C)the extent to which the Department of Defense needed access to additional cost information during such two-year period to determine reasonableness of price, but was not provided such information by the contractor on request; and #####

(D)recommendations for improving evaluations of reasonableness of price by Department of Defense acquisition professionals, including recommendations for any amendments to law, regulations, or guidance.

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10 USC 2306a

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Sec. 831

GUIDANCE AND TRAINING RELATED TO EVALUATING REASONABLENESS OF PRICE

Cite10 USC 2306a

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