Page:United States Statutes at Large Volume 108 Part 4.djvu/641

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PUBLIC LAW 103-355—OCT. 13, 1994 108 STAT. 3275 of a contract or subcontract, such data may nevertheless be required to be submitted by the head of the procuring activity, but only if the head of the procuring activity 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. In any case in which the head of the procuring activity requires such data to be submitted under this subsection, the head of the procuring activity shall justify in writing the reason for such requirement. "(B) The head of the procuring activity may not require certified cost or pricing data to be submitted under this paragraph for any contract or subcontract, or modification of a contract or subcontract, covered by the exceptions in subsection (b)(1)(A). "(C) The head of a procuring activity may not delegate functions under this paragraph. "(2) AUTHORITY TO REQUIRE INFORMATION OTHER THAN CER- TIFIED COST OR PRICING DATA. —When certified cost or pricing data are not required to be submitted under this section for a contract, subcontract, or modification of a contract or subcontract, the head of the procuring activity may require submission of data other than certified cost or pricing data to the extent necessary to determine the reasonableness of the price of the contract, subcontract, or modification of the contract or subcontract.". SEC. 1204. ADDITIONAL SPECIAL RULES FOR COMMERCIAL ITEMS. Section 2306a of title 10, United States Code, is amended— (1) by redesignating subsections (d), (e), (f), and (g) as subsections (e), (f), (g), and (i), respectively; sind (2) by inserting after subsection (c) the following new subsection (d): "(d) ADDITIONAL EXCEPTION PROVISIONS REGARDING COMMER- CIAL ITEMS. — "(1) PROCUREMENTS BASED ON ADEQUATE PRICE COMPETI- TION.— To the maximum extent practicable, the head of an agency shall conduct procurements of commercial items on a competitive basis. In any procurement of a commercial item conducted on a competitive basis and based upon adequate price competition, the head of the agency conducting the procurement shall not require cost or pricing data to be submitted under subsection (a) for the contract, subcontract, or modification of the contract or subcontract under the procurement. If additional information is necessary to determine the reasonableness of the price of the contract, subcontract, or modification, the head of the agency shall, to the maximum extent practicable, obtain the additional information from sources other than the offeror. "(2) PROCUREMENTS NOT BASED ON ADEQUATE PRICE COM- PETITION. —(A)(i) In any case in which it is not practicable to conduct a procurement of a commercial item covered by subsection (a) on a competitive basis, and the procurement is not covered by an exception in subsection (b), the contracting officer shall seek to obtain from the offeror or contractor information described in clause (ii). When such information is not available from that source, the contracting officer shall seek to obtain such information from another source or sources. 79-194 O—95 —21: QL 3 Part 4