Page:United States Statutes at Large Volume 104 Part 3.djvu/238

 104 STAT. 1590 PUBLIC LAW 101-510—NOV. 5, 1990 (C) Subparagraph (C) of such section is amended by striking out "$100,000' in clause (i) and inserting in lieu thereof the following: "$500,000 or, in the case of a subcontract to be awarded after December 31, 1995, $100,000". (D) Subparagraph (D) of such section is amended by striking out "$100,000 and inserting in lieu thereof the following: "$500,000 (or such lesser amount as may be prescribed by the head of the agency) or, in the case of a change or modification to be made after December 31, 1995, $100,000". 10 USC 2306a (2) The amendments made by this subsection shall apply to— '^°*®- (A) contracts and subcontracts entered into after the date on which the Secretary of Defense issues guidance under subsection (c); and (B) modifications or changes to such contracts and subcontracts. 10 USC 2306a (b) REVIEW BY INSPECTOR GENERAL OF THE DEPARTMENT OF DE- "° **" FENSE.— (1) After the increase in the threshold for submission of cost or pricing data under section 2306a(a) of title 10, United States Code (as amended by subsection (a)) has been in effect for three years, the Inspector General of the Department of Defense shall conduct a review of the effects of the increase in the threshold. (2) The review shall address whether increasing the threshold has improved the acquisition process in terms of reduced paperwork, financial or other savings to the government, an increase in the number of contractors participating in the defense contracting process, and the adequacy of information available to contracting officers in cases in which certified cost or pricing data are not required under section 2306a. Reports. (3) The Inspector CJeneral of the Department of Defense shall submit to the Secretary of Defense a report on the review conducted under paragraph (1). The Secretary of Defense shall submit such report to Congress, along with such comments as the Secretary considers appropriate, upon completion of the report (and comments) but not later than the date on which the President submits the budget to Congress pursuant to section 1105 of title 31, United States Code, for fiscal year 1996. 10 USC 2306a (c) REGULATIONS FOR BELOW-THRESHOLD PROCUREMENTS.—(1) The Secretary of Defense shall prescribe regulations identifying the t3rpe of procurements for which contracting officers should consider requiring the submission of certified cost or pricing data under section 2306a(c) of title 10, United States Code. (2) The Secretary also shall prescribe regulations concerning the t5rpes of information that offerors must submit for a contracting officer to consider in determining whether the price of a procurement to the Government is fsiir and reasonable when certified cost . or pricing data are not required to be submitted under section 2306a of such title because the price of the procurement to the United States is not expected to exceed $500,000. Such information, at a minimum, shall include appropriate information on the prices at which such offeror has previously sold the same or similar products. (3) The regulations required under this subsection shall be prescribed not later than six months after the date of the enactment of this Act. (d) DOCUMENTATION OF SUBMISSIONS UNDER SECTION 2306a(c).— Section 2306a(c) of title 10, United States Code, is amended by adding at the end the following: "In any case in which the head of the agency requires such data to be submitted under this subsection. note.

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