Page:United States Statutes at Large Volume 108 Part 4.djvu/650

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108 STAT. 3284 PUBLIC LAW 103-355 —OCT. 13, 1994 ness, and currency of cost or pricing data required to be submitted by this section, an executive agency shall have the authority provided by section 304C(a)(2). "(h) REQUIRED REGULATIONS.— The Federal Acquisition Regulation shall include regulations concerning the types of information that offerors must submit for a contracting officer to consider in determining whether the price of a procurement to the (government is fair and reasonable when certified cost or pricing data are not required to be submitted under this section because the price of the procurement to the United States is not expected to exceed the applicable threshold amount set forth in subsection (a) (as adjusted pursuant to paragraph (7) of such subsection). Such information, at a minimum, shall include appropriate information on the prices at which the same item or similar items have previously been sold that is adequate for evaluating the reasonableness of the price of a proposed contract or subcontract for the procurement. "(i) DEFINITIONS.— In this section: "(1) COST OR PRICING DATA.— The term 'cost or pricing data' moans all facts that, as of the date of agreement on the price of a contract (or the price of a contract modification) or, if applicable consistent with subsection (e)(1)(B), another date agreed upon between the parties, a prudent buyer or seller would reasonably expect to affect price negotiations significantly. Such term does not include information that is judgmental, but does include the factual information from which a judgment was derived. "(2) SUBCONTRACT. —The term 'subcontract' includes a transfer of commercial items between divisions, subsidiaries, or affiliates of a contractor or a subcontractor. "(3) COMMERCIAL ITEM.—The term 'commercial item' has the meaning provided such term by section 4(12) of the Office of Federal Procurement Policy Act.". 41 USC 254b (b) APPLICABILITY. —Subsection (a) of section 304A of the Office of Federal Procurement Policy Act, as added by subsection (a), shall apply according to the provisions thereof on and after the date of the enactment of this Act, notwithstanding section 10001(b). SEC. 1252. REPEAL OF OBSOLETE PROVISION. Section 303E of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253e) is repealed. Subtitle C—Research and Development SEC. 1301. RESEARCH PROJECTS. (a) GENERAL AUTHORITY. —Section 2358 of title 10, United States Code, is amended to read as follows:

    • § 2358. Research and development projects

"(a) AUTHORITY. —The Secretary of Defense or the Secretary of a military department may engage in basic research, applied research, advanced research, and development projects that— "(1) are necessary to the responsibilities of such Secretary's department in the field of research and development; and "(2) either— "(A) relate to weapon systems and other military needs; or note.