PUBLIC LAW 105-261—OCT. 17, 1998 112 STAT. 2085 SEC. 808. CLARIFICATION OF RESPONSIBILITY FOR SUBMISSION OF INFORMATION ON PRICES PREVIOUSLY CHARGED FOR PROPERTY OR SERVICES OFFERED. (a) ARMED SERVICES PROCUREMENTS.—Section 2306a(d)(l) of title 10, United States Code, is amended by striking out "the data submitted shall" in the second sentence and inserting in lieu thereof the following: "the contracting officer shall require that the data submitted". (b) CIVILIAN AGENCY PROCUREMENTS.— Section 304A(d)(l) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 254b(d)(l)), is amended by striking out "the data submitted shall" in the second sentence and inserting in lieu thereof the following: "the contracting officer shall require that the data submitted". (c) ELIGIBILITY FOR CONTRACTS AND SUBCONTRACTS TO BE CONDITIONED ON COMPLIANCE. —Not later than 180 days after the date of the enactment of this Act, the Federal Acquisition Regulation shall be amended to provide that an offeror's compliance with a requirement to submit data for a contract or subcontract in accordance with section 2306a(d)(l) of title 10, United States Code, or section 304A(d)(l) of the Federal Property and Administrative Services Act of 1949 shall be a condition for the offeror to be eligible to enter into the contract or subcontract, subject to such exceptions as the Federal Acquisition Regulatory Council determines appropriate. (d) CRITERIA FOR CERTAIN DETERMINATIONS.— Not later than 180 days after the date of the enactment of this Act, the Federal Acquisition Regulation shall be amended to include criteria for contracting officers to apply for determining the specific price information that an offeror should be required to submit under section 2306a(d) of title 10, United States Code, or section 304A(d) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 254b(d)). SEC. 809. AMENDMENTS AND STUDY RELATING TO PROCUREMENT FROM FIRMS IN INDUSTRIAL BASE FOR PRODUCTION OF SMALL ARMS. (a) REQUIREMENT TO LIMIT PROCUREMENTS TO CERTAIN SOURCES. —Subsection (a) of section 2473 of title 10, United States Code, is amended— (1) in the heading, by striking out the first word and inserting in lieu thereof "REQUIREMENT"; (2) by striking out "To the extent that the Secretary of Defense determines necessary to preserve the small arms production industrial base, the Secretary may" and inserting in lieu thereof "In order to preserve the small arms production industrial base, the Secretary of Defense shall"; and (3) by inserting before the period at the end the following: ", unless the Secretary determines, with regard to a particular procurement, that such requirement is not necessary to preserve the small arms production industrial base". (b) SPECIFICATION OF INCLUDED REPAIR PARTS.— Subsection (b) of such section is amended in paragraph (1) by inserting before the period the following: ", including repair parts consisting of barrels, receivers, and bolts". (c) APPLICABILITY OF REQUIREMENT.— Such section is further amended— Deadline. 41 USC 254b note. Deadline. 41 USC 254b note.
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