Page:United States Statutes at Large Volume 100 Part 2.djvu/847

 PUBLIC LAW 99-500—dCT. 18, 1986

100 STAT. 1783-166

by the Secretary of Defense after the end of the 90-day period beginning on the date of the enactment of this Act. SEC. 952. TRUTH-IN-NEGOTIATIONS ACT AMENDMENTS (a) STRENGTHENING OF PREVENTION OF UNEARNED AND EXCESSIVE CONTRACTOR PROFITS.—Chapter 137 of title 10, United States Code,

is amended by inserting after section 2306 the following new section: "§ 2306a. Cost or pricing data: truth in negotiations "(a) REQUIRED COST OR PRICING DATA AND CERTIFICATION.—(1) The

head of an agency shall require offerors, contractors, and subcontractors to make cost or pricing data available as follows: "(A) An offeror for a prime contract under this chapter to be entered into using procedures other than sealed-bid procedures shall be required to submit cost or pricing data before the award of the contract if the price of the contract to the United States is expected to exceed $100,000. "(B) The contractor for a contract under this chapter shall be required to submit cost or pricing data before the pricing of a change or modification to the contract if the price adjustment is expected to exceed $100,000 (or such lesser amount as may be prescribed by the head of the agency). "(C) An offeror for a subcontract (at any tier) of a contract under this chapter shall be required to submit cost or pricing data before the award of the subcontract if— "(i) the price of the subcontract is expected to exceed $100,000; and t "(ii) the prime contractor and each higher-tier sub• contractor have been required to make available cost or pricing data under this section. "(D) The subcontractor for a subcontract covered by subparagraph (C) shall be required to submit cost or pricing data before the pricing of a change or modification to the subcontract if the price adjustment is expected to exceed $100,000 (or such lesser amount as may be prescribed by the head of the agency). "(2) A person required, as an offeror, contractor, or subcontractor, to submit cost or pricing data under paragraph (1) (or required by the head of the agency concerned to submit such data under subsection (c)) shall be required to certify that, to the best of the person's knowledge and belief, the cost or pricing data submitted are accurate, complete, and current. "(3) Cost or pricing data required to be submitted under paragraph (1) (or under subsection (c)), and a certification required to be submitted under paragraph (2), shall be submitted— "(A) in the case of a submission by a prime contractor (or an offeror for a prime contract), to the contracting officer for the contract (or to a designated representative of the contracting officer); or "(B) in the case of a submission by a subcontractor (or an offeror for a subcontract), to the prime contractor. "(4) Except as provided under subsection (b), this section applies to contracts entered into by the head of an agency on behalf of a foreign government. "(5) The head of the agency may waive the requirement under this subsection for a contractor, subcontractor, or offeror to submit cost or pricing data. For purposes of paragraph (l)(C)(ii), a contractor or subcontractor granted such a waiver shall be considered as having

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