PUBLIC LAW 103-355—OCT. 13, 1994 108 STAT. 3277 "(h) REQUIRED REGULATIONS.—The Federal Acquisition Regulation shall contain provisions 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 the proposed contract or subcontract for the procurement.". SEC. 1207. CONSISTENCY OF TIME REFERENCES. Section 2306a of title 10, United States Code, as amended by section 1204(1), is further amended in subparagraphs (A)(ii) and (B)(ii) of subsection (e)(4), by inserting "or, if applicable consistent with paragraph (1)(B), another date agreed upon between the parties," after "(or price of the modification)". SEC. 1208. EXCEPTION FOR TRANSFERS BETWEEN DIVISIONS, SUBSIDI- ARIES, AND AFFILIATES. Subsection (i) of section 2306a of title 10, United States Code, as redesignated by section 1204(1), is amended to read as follows: "(i) DEFINITIONS.— In this section: "(1) COST OR PRICING DATA.—The term 'cost or pricing data' means 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 in section 4(12) of the Office of Federal Procurement Policy Act.". SEC. 1209. COVERAGE OF COAST GUARD AND NASA FOR INTEREST AND PAYMENTS ON CERTAIN OVERPAYMENTS. Paragraph (1) of subsection (f) of section 2306a of title 10, United States Code, as redesignated by section 1204(1), is Eunended by striking out "with the Department of Defense" in the matter preceding subparagraph (A). SEC. 1210. REPEAL OF SUPERSEDED PROVISION. Subsections (b) and (c) of section 803 of Public Law 101- 510 (10 U.S.C. 2306a note) are repealed.
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