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Code · STATUTE-COMPILATIONS · National Defense Authorization Act for Fiscal Year 2016 · Sec. 899

Sec. 899. PILOT PROGRAM REGARDING RISK-BASED CONTRACTING FOR SMALLER CONTRACT ACTIONS UNDER THE TRUTH IN NEGOTIATIONS ACT

675 words·~3 min read·/statute-compilations/comps-11831/sec-899

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## SEC. 899 PILOT PROGRAM REGARDING RISK-BASED CONTRACTING FOR SMALLER CONTRACT ACTIONS UNDER THE TRUTH IN NEGOTIATIONS ACT **[**[10 U.S.C. 2306a note](/us/usc/t10/s2306a)**]** ###
(a)Pilot Program Authorized The Secretary of Defense may conduct a pilot program to demonstrate the efficacy of using risk-based techniques in requiring submission of data on a sampling basis for purposes of section 2306a of title 10, United States Code (popularly known as the “Truth in Negotiations Act”). ###
(b)Increase in Thresholds For purposes of a pilot program under subsection (a), $5,000,000 shall be the threshold applicable to requirements under paragraph
(1)of section 2306a(a) of such title, as follows: ####
(1)The requirement under subparagraph
(A)of such paragraph to submit cost or pricing data for a prime contract entered into during the pilot program period. ####
(2)The requirement under subparagraph
(B)of such paragraph to submit cost or pricing data for the change or modification to a prime contract made during the pilot program period. ####
(3)The requirement under subparagraph
(C)of such paragraph to submit cost or pricing data for a subcontract entered into during the pilot program period. ####
(4)The requirement under subparagraph
(D)of such paragraph to submit cost or pricing data for the change or modification to a subcontract made during the pilot program period. ###
(c)Risk-based contracting ####
(1)Authority to require submission of cost or pricing data on below-threshold contracts Subject to paragraph (4), when certified cost or pricing data are not required to be submitted pursuant to subsection
(b)for a contract or subcontract entered into or modified during the pilot program period, such data may nevertheless be required to be submitted by the head of the procuring activity, if the head of the procuring activity— #####
(A)determines that such data are necessary for the evaluation by the agency of the reasonableness of the price of the contract, subcontract, or modification of a contract or subcontract; or #####
(B)requires the submission of such data in accordance with a risk-based contracting approach established pursuant to paragraph (3). ####
(2)Written Determination Required In any case in which the head of the procuring activity requires certified cost or pricing data to be submitted under paragraph (1)(A), the head of the procuring activity shall justify in writing the reason for such requirement. ####
(3)Risk-based Contracting The head of an agency shall establish a risk-based sampling approach under which the submission of certified cost or pricing data may be required for a risk-based sample of contracts, the price of which is expected to exceed $750,000 but not $5,000,000. The authority to require certified cost or pricing data under this paragraph shall not apply to any contract of an offeror that has not been awarded, for at least the one-year period preceding the issuance of a solicitation for the contract, any other contract in excess of $5,000,000 under which the offeror was required to submit certified cost or pricing data under section 2306a of title 10, United States Code. ####
(4)Exception The head of the procuring activity may not require certified cost or pricing data to be submitted under this subsection for any contract or subcontract, or modification of a contract or subcontract, covered by the exceptions in subparagraph
(A)or
(B)of section 2306a(b)(1) of title 10, United States Code. ####
(5)Delegation of authority prohibited The head of a procuring activity may not delegate functions under this subsection. ###
(d)Reports Not later than January 1, 2017, and January 1, 2019, the Secretary of Defense shall submit to the congressional defense committees a report on activities undertaken under this section. ###
(e)Definitions In this section: ####
(1)Head of an agency The term “head of an agency” has the meaning given the term in section 2302 of title 10, United States Code. ####
(2)Pilot program period The term “pilot program period” means the period beginning on October 1, 2016, and ending on September 30, 2019. # TITLE IX DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
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  • 10 USC 2306a
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Sec. 899
PILOT PROGRAM REGARDING RISK-BASED CONTRACTING FOR SMALLER CONTRACT ACTIONS UNDER THE TRUTH IN NEGOTIATIONS ACT
Cite10 USC 2306a
Cites 1Cited by 0 across 0 sources
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