Page:United States Statutes at Large Volume 116 Part 4.djvu/182

 116 STAT. 2610 PUBLIC LAW 107-314—DEC. 2, 2002 10 USC 2306a note. Deadline. SEC. 814. PAST PERFORMANCE GIVEN SIGNIFICANT WEIGHT IN RENEWAL OF PROCUREMENT TECHNICAL ASSISTANCE COOPERATIVE AGREEMENTS. Section 2413 of title 10, United States Code, is amended by adding at the end the following new subsection: "(d) In conducting a competition for the award of a cooperative agreement under subsection (a), and in determining the level of funding to provide under an agreement under subsection (b), the Secretary shall give significant weight to successful past performance of eligible entities under a cooperative agreement under this section.". SEC. 815. INCREASED MAXIMUM AMOUNT OF ASSISTANCE FOR TRIBAL ORGANIZATIONS OR ECONOMIC ENTERPRISES CAR- RYING OUT PROCUREMENT TECHNICAL ASSISTANCE PROGRAMS IN TWO OR MORE SERVICE AREAS. Section 2414(a)(4) of title 10, United States Code, is amended by striking "$300,000 " and inserting "$600,000 ". SEC. 816. EXTENSION OF CONTRACT GOAL FOR SMALL DISADVAN- TAGED BUSINESSES AND CERTAIN INSTITUTIONS OF HIGHER EDUCATION. Section 2323(k) of title 10, United States Code, is amended by striking "2003" both places it appears and inserting "2006". SEC. 817. GRANTS OF EXCEPTIONS TO COST OR PRICING DATA CER- TIFICATION REQUIREMENTS AND WAIVERS OF COST ACCOUNTING STANDARDS. (a) GUIDANCE FOR EXCEPTIONS IN EXCEPTIONAL CIR- CUMSTANCES.— Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall issue guidance on the circumstances under which it is appropriate to grant an exceptional case exception or waiver with respect to certified cost and pricing data and cost accounting standards. (b) DETERMINATION REQUIRED FOR EXCEPTIONAL CASE EXCEP- TION OR WAIVER. —The guidance shall, at a minimum, include a limitation that a grant of an exceptional case exception or waiver is appropriate with respect to a contract, subcontract, or (in the case of submission of certified cost and pricing data) modification only upon a determination that— (1) the property or services cannot reasonably be obtained under the contract, subcontract, or modification, as the case may be, without the grant of the exception or waiver; (2) the price can be determined to be fair and reasonable without the submission of certified cost and pricing data or the application of cost accounting standards, as the case may be; and (3) there are demonstrated benefits to granting the exception or waiver. (c) APPLICABILITY OF NEW GUIDANCE. — The guidance issued under subsection (a) shall apply to each exceptional case exception or waiver that is granted on or after the date on which the guidance is issued. (d) ANNUAL REPORT ON BOTH COMMERCIAL ITEM AND EXCEP- TIONAL CASE EXCEPTIONS AND WAIVERS WITH PRICE OR VALUE GREATER THAN $15,000,000. — (1) The Secretary of Defense shall transmit to the congressional defense committees promptly after the end of each fiscal year a report on commercial item exceptions.

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