Page:United States Statutes at Large Volume 108 Part 4.djvu/644

 108 STAT. 3278 PUBLIC LAW 103-355—OCT. 13, 1994 PART II—CIVILIAN AGENCY ACQUISITIONS SEC. 1251. REVISION OF CIVILIAN AGENCY PROVISIONS TO ENSURE UNIFORM TREATMENT OF COST OR PRICING DATA. (a) REVISION. —Title III of the Federal Property and Administrative Services Act of 1949 is amended— (1) in section 304 (41 U.S.C. 254), by striking out subsection (d); and (2) by inserting before section 304B, as added by section 1072, the following new section: 41 USC 254b. "SEC. 304A. COST OR PRICING DATA: TRUTH IN NEGOTIATIONS. "(a) REQUIRED COST OR PRICING DATA AND CERTIFICATION.— (1) The head of an executive 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 title to be entered into using procedures other than sealed-bid procedures shall be required to submit cost or pricing data before the award of a contract if— "(i) in the case of a prime contract entered into after the date of the enactment of the Federal Acquisition StrefimUning Act of 1994, the price of the contract to the United States is expected to exceed $500,000; and "(ii) in the case of a prime contract entered into on or before the date of the enactment of the Federal Acquisition Streamlining Act of 1994, the price of the contract to the United States is expected to exceed $100,000. "(B) The contractor for a prime contract under this title shall be required to submit cost or pricing data before the pricing of a change or modification to the contract if— "(i) in the case of a change or modification made to a prime contract referred to in subparagraph (A)(i), the price adjustment is expected to exceed $500,000; "(ii) in the case of a change or modification made to a prime contract that was entered into on or before the (fate of the enactment of the Federal Acquisition Streamlining Act of 1994, and that has been modified pursuant to paragraph (6), the price adjustment is expected to exceed $500,000; and "(iii) in the case of a change or modification not covered by clause (i) or (ii), the price adjustment is expected to exceed $100,000. "(C) An offeror for a subcontract (at any tier) of a contract under this title shall be required to submit cost or pricing data before the award of the subcontract if the prime contractor and each higher-tier subcontractor have been required to make available cost or pricing data under this section and— "(i) in the case of a subcontract under a prime contract referred to in subparagraph (A)(i), the price of the subcontract is expectea to exceed $500,00; "(ii) in the case of a subcontract entered into under a prime contract that was entered into on or before the date of the enactment of the Federal Acquisition Streamlining Act of 1994, and that has been modified pursuant to paragraph (6), the price of the subcontract is expected to exceed $500,000; and

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