Page:United States Statutes at Large Volume 110 Part 1.djvu/675

 PUBLIC LAW 104-106—FEB. 10, 1996 110 STAT. 651 items have previously been sold that is adequate for evaluating the reasonableness of the price for the procurement. " (2) LIMITATIONS ON AUTHORITY.—The Federal Acquisition Regulation shall include the following provisions regarding the types of information that contracting officers may require under paragraph (1): "(A) Reasonable limitations on requests for sales data relating to commercial items. "(B) A requirement that a contracting officer limit, to the maximum extent practicable, the scope of any request for information relating to commercial items from an offeror to only that information that is in the form regularly maintained by the offeror in commercial operations. "(C) A statement that any information received relating to commercial items that is exempt from disclosure under section 552(b) of title 5 shall not be disclosed by the Federal Government.". (2) Section 2306a of such title is further amended— (A) by striking out subsection (h); and (B) by redesignating subsection (i) as subsection (h). (b) CIVILIAN AGENCY ACQUISITIONS.—(1) Subsections (b), (c) and (d) of section 304A of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 254b) are amended to read as follows: "(b) EXCEPTIONS.— "(1) IN GENERAL.— Submission of certified cost or pricing data shall not be required under subsection (a) in the case of a contract, a subcontract, or a modification of a contract or subcontract— "(A) for which the price agreed upon is based on— "(i) adequate price competition; or "(ii) prices set by law or regulation; "(B) for the acquisition of a commercial item; or "(C) in an exceptional case when the head of the procuring activity, without delegation, determines that the requirements of this section may be waived and justifies in writing the reasons for such determination. "(2) MODIFICATIONS OF CONTRACTS AND SUBCONTRACTS FOR COMMERCIAL ITEMS. —In the case of a modification of a contract or subcontract for a commercial item that is not covered by the exception to the submission of certified cost or pricing data in paragraph (1)(A) or (1)(B), submission of certified cost or pricing data shall not be required under subsection (a) if— "(A) the contract or subcontract being modified is a contract or subcontract for which submission of certified cost or pricing data may not be required by reason of paragraph (1)(A) or (1)(B); and "(B) the modification would not change the contract or subcontract, as the case may be, from a contract or subcontract for the acquisition of a commercial item to a contract or subcontract for the acquisition of an item other than a commercial item. " (c) COST OR PRICING DATA ON BELOW-THRESHOLD CON- TRACTS. — "(1) AUTHORITY TO REQUIRE SUBMISSION.— Subject to paragraph (2), when certified cost or pricing data are not required

�