Page:United States Statutes at Large Volume 112 Part 3.djvu/251

From Wikisource
Jump to: navigation, search
This page needs to be proofread.


PUBLIC LAW 105-261—OCT. 17, 1998 112 STAT. 2081 a price exceeding fair market cost if the regulations implementing that authority are suspended under clause (ii) with respect to that contract. "(ii) At the beginning of each fiscal year, the Secretary shall determine, on the basis of the most recent data, whether the Department of Defense achieved the 5 percent goal described in subsection (a) during the fiscal year to which the data relates. Upon determining that the Department Regulations. achieved the goal for the fiscal year to which the data relates, the Secretary shall issue a suspension, in writing, of the regulations that implement the authority under subparagraph (A). Such a suspension shall be in effect for the one-year period Applicability. beginning 30 days after the date on which the suspension is issued and shall apply with respect to contracts awarded pursuant to solicitations issued during that period. "(iii) For purposes of clause (ii), the term 'most recent data' means data relating to the most recent fiscal year for which data are available.". SEC. 802. DISTRIBUTION OF ASSISTANCE UNDER THE PROCUREMENT TECHNICAL ASSISTANCE COOPERATIVE AGREEMENT PROGRAM. (a) CORRECTION OF DESCRIPTION OF GEOGRAPHIC UNIT. — (1) Section 2413(c) of title 10, United States Code, is amended by striking out "region" and inserting in lieu thereof "district". (2) Section 2415 of such title is amended— (A) by striking out "region" and inserting in lieu thereof "district" each place it appears; and (B) by striking out "regions" and inserting in lieu thereof "districts". (b) TECHNICAL AMENDMENT.— Section 2415 of such title is amended by striking out "Defense Contract Administrative Services" and inserting in lieu thereof "Dep2u*tment of Defense contract administrative services". SEC. 803. DEFENSE COMMERCIAL PRICING MANAGEMENT IMPROVE- 10 USC 2306a MENT. note. (a) MODIFICATION OF PRICING REGULATIONS FOR CERTAIN COMMERCIAL ITEMS EXEMPT FROM COST OR PRICING DATA CERTIFI- CATION REQUIREMENTS.—(1) The Federal Acquisition Regulation issued in accordance with sections 6 and 25 of the Office of Federal Procurement Policy Act (41 U.S.C. 405, 421) shall be revised to clarify the procedures and methods to be used for determining the reasonableness of prices of exempt commercial items (as defined in subsection (d)). (2) The regulations shall, at a minimum, provide specific guidance on— (A) the appropriate application and precedence of such price analysis tools as catalog-based pricing, market-based pricing, historical pricing, parametric pricing, and value analysis; (B) the circumstances under which contracting officers should require offerors of exempt commercial items to provide— (i) information on prices at which the offeror has previously sold the S2une or similar items; or (ii) other information other than certified cost or pricing data;