Page:United States Statutes at Large Volume 100 Part 5.djvu/460

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PUBLIC LAW 99-000—MMMM. DD, 1986

100 STAT. 3934

PUBLIC LAW 99-661—NOV. 14, 1986

competitive procedures, and who also offers such parts for sale to the general public, shall require that the offeror— "(1) certify in such offer that, to the best of the knowledge and belief of the offeror, the price proposed in the offer does not exceed the lowest commercial price at which such offeror sold such parts during the most recent regular monthly, quarterly, or other period for which sales data are reasonably available; or "(2) submit with such offer a written statement— J "(A) specifying the amount of the difference between the price proposed in the offer and thd lowest commercial price at which such offeror sold such parts during a period described in paragraph (1); and "(B) providing a justification for that difference. "(c) EXCEPTION TO LIMITATION.—Subsections (a) and (b) do

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Post, p. 3946.

not

apply in the case of a contract with respect to which the contracting officer includes in the file on the contract a written determination by such officer that the use of the lowest commercial price with respect to such contract is not appropriate because of— "(1) national security considerations; or "(2) significant differences between the terms of the commercial sales of the parts to be acquired under such contract and the terms of such contract, including differences in— "(A) quantity; "(B) quality; "(C) delivery requirements; or "(D) other terms and conditions. "(d) AUDITING.—(1) In order to verify any certification or statement made under subsection (b) with respect to a contract, the contracting officer who awards such contract (or any representative of the contracting officer who is an employee of the United States or a member of the armed forces), during the time period specified in paragraph (2), may examine and audit all records of sales (including contract terms and conditions) maintained by or for the contractor that are directly pertinent to sales by the contractor of spare or repair parts identical to those covered by the contract during the period covered by such certification or statement. "(2) The head of an agency shall require an offeror who submits a certification or written statement under subsection (b) to make available the records, books, data, and documents described in paragraph (1) for examination, audit, or reproduction for the purposes of such paragraph during the three-year period beginning on the date that the offeror submits such certification or statement to such head of an agency. "(3) The authority provided by this subsection is in addition to the authority of the head of an agency under section 2306a of this title. "(e) REGULATIONS.—The Secretary of Defense, after consultation with the Secretary of Transportation and the Administrator of the National Aeronautics and Space Administration, shall prescribe regulations to carry out this section. Such regulations may not require the disclosure or submission of any data related to any element underlying the price of a commercial product not otherwise required by law. "(f) DEFINITIONS.—In this section: "(1) The term 'spare or repair part' means any individual piece, part, subassembly, or component which is furnished for the logistic support or repair of an end item and not as an end item itself. -