Sec. 852. MODIFICATION TO INFORMATION REQUIRED TO BE SUBMITTED BY OFFEROR IN PROCUREMENT OF MAJOR WEAPON SYSTEMS AS COMMERCIAL ITEMS

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## SEC. 852 MODIFICATION TO INFORMATION REQUIRED TO BE SUBMITTED BY OFFEROR IN PROCUREMENT OF MAJOR WEAPON SYSTEMS AS COMMERCIAL ITEMS ###

(a)Requirement for Determination Subsection

(a)of section 2379 of title 10, United States Code, is amended— ####

(1)in paragraph (1)(B), by inserting “and” after the semicolon; ####

(2)by striking paragraph (2); and ####

(3)by redesignating paragraph

(3)as paragraph (2). ###

(b)Treatment of Subsystems as Commercial Items Subsection

(b)of such section is amended— ####

(1)in the matter preceding paragraph (1), by striking “only if” and inserting “if either”; ####

(2)in paragraph (2)— #####

(A)by striking “that—” and all that follows through “the subsystem is a” and inserting “that the subsystem is a”; #####

(B)by striking “; and” and inserting a period; and #####

(C)by striking subparagraph (B). ###

(c)Treatment of Components as Commercial Items Subsection (c)(1) of such section is amended— ####

(1)by striking “title only if” and inserting “title if either”; and ####

(2)in subparagraph (B)— #####

(A)by striking “that—” and all that follows through “the component or” and inserting “that the component or”; #####

(B)by striking “; and” and inserting a period; and #####

(C)by striking clause (ii). ###

(d)Information Submitted Subsection

(d)of such section is amended to read as follows: > > ### “(d) Information Submitted > > > ####

(1)> > To the extent necessary to determine the reasonableness of the price for items acquired under this section, the contracting officer shall require the offeror to submit— > > > ##### “(A) > > prices paid for the same or similar commercial items under comparable terms and conditions by both Government and commercial customers; > > > ##### “(B) > > if the contracting officer determines that the offeror does not have access to and cannot provide sufficient information described in subparagraph

(A)to determine the reasonableness of price, information on— > > > ###### “(i) > > prices for the same or similar items sold under different terms and conditions; > > > ###### “(ii) > > prices for similar levels of work or effort on related products or services; > > > ###### “(iii) > > prices for alternative solutions or approaches; and > > > ###### “(iv) > > other relevant information that can serve as the basis for a price assessment; and > > > ##### “(C) > > if the contracting officer determines that the information submitted pursuant to subparagraphs

(A)and

(B)is not sufficient to determine the reasonableness of price, other relevant information regarding the basis for price or cost, including information on labor costs, material costs, and overhead rates. > > > #### “(2) > > An offeror may not be required to submit information described in paragraph (1)(C) with regard to a commercially available off-the-shelf item and may be required to submit such information with regard to any other item that was developed exclusively at private expense only after the head of the contracting activity determines in writing that the information submitted pursuant to paragraphs (1)(A) and (1)(B) is not sufficient to determine the reasonableness of price.” > . ###

(e)Conforming Amendment to Truth in Negotiations Act Section 2306a(d)(1) of title 10, United States Code, is amended by adding at the end the following new sentence: “If the contracting officer determines that the offeror does not have access to and cannot provide sufficient information on prices for the same or similar items to determine the reasonableness of price, the contracting officer shall require the submission of information on prices for similar levels of work or effort on related products or services, prices for alternative solutions or approaches, and other information that is relevant to the determination of a fair and reasonable price.”.