Page:United States Statutes at Large Volume 110 Part 1.djvu/676

 110 STAT. 652 PUBLIC LAW 104-106—FEB. 10, 1996 to be submitted by subsection (a) for a contract, subcontract, or modification of a contract or subcontract, such data may nevertheless be required to be submitted by the head of the procuring activity, but only if the head of the procuring activity determines that such data are necessary for the evaluation by the agency of the reasonableness of the price of the contract, subcontract, or modification of a contract or subcontract. In any case in which the head of the procuring activity requires such data to be submitted under this subsection, the head of the procuring activity shall justify in writing the reason for such requirement. "(2) EXCEPTION. — The head of the procuring activity may not require certified cost or pricing data to be submitted under this paragraph for any contract or subcontract, or modification of a contract or subcontract, covered by the exceptions in subparagraph (A) or (B) of subsection (b)( 1). "(3) DELEGATION OF AUTHORITY PROHIBITED. —The head of a procuring activity may not delegate the functions under this paragraph. "(d) SUBMISSION OF OTHER INFORMATION.— "(1) AUTHORITY TO REQUIRE SUBMISSION.—When certified cost or pricing data are not required to be submitted under this section for a contract, subcontract, or modification of a contract or subcontract, the contracting officer shall require submission of data other than certified cost or pricing data to the extent necessary to determine the reasonableness of the price of the contract, subcontract, or modification of the contract or subcontract. Except in the case of a contract or subcontract covered by the exceptions in subsection (b)(1)(A), the data submitted shall include, at a minimum, appropriate information on the prices at which the same item or similar 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 304A of such Act is further amended— (A) by striking out subsection (h); and (B) by redesignating subsection (i) as subsection (h). SEC. 4202. APPLICATION OF SIMPLIFIED PROCEDURES TO CERTAIN COMMERCIAL ITEMS. (a) ARMED SERVICES ACQUISITIONS.—(1) Section 2304(g) of title 10, United States Code, is amended—

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