Page:United States Statutes at Large Volume 118.djvu/2045

 118 STAT. 2015 PUBLIC LAW 108–375—OCT. 28, 2004 in the contract, the head of the agency concerned shall give written notification to the congressional defense committees of— ‘‘(A) the cancellation ceiling amounts planned for each pro gram year in the proposed multiyear procurement contract, together with the reasons for the amounts planned; ‘‘(B) the extent to which costs of contract cancellation are not included in the budget for the contract; and ‘‘(C) a financial risk assessment of not including budgeting for costs of contract cancellation.’’. SEC. 815. INCREASED THRESHOLD FOR SENIOR PROCUREMENT EXECUTIVE APPROVAL OF USE OF PROCEDURES OTHER THAN COMPETITIVE PROCEDURES. Section 2304(f)(1)(B) of title 10, United States Code, is amended by striking ‘‘$50,000,000’’ both places it appears and inserting ‘‘$75,000,000’’. SEC. 816. INCREASED THRESHOLD FOR APPLICABILITY OF REQUIRE MENT FOR DEFENSE CONTRACTORS TO PROVIDE INFORMATION ON SUBCONTRACTING AUTHORITY OF CONTRACTOR PERSONNEL TO COOPERATIVE AGREE MENT HOLDERS. Section 2416(d) of title 10, United States Code, is amended by striking ‘‘$500,000’’ and inserting ‘‘$1,000,000’’. SEC. 817. EXTENSION OF AUTHORITY FOR USE OF SIMPLIFIED ACQUISITION PROCEDURES. Section 4202(e) of the Clinger Cohen Act (division D of Public Law 104–106; 110 Stat. 652; 10 U.S.C. 2304 note) is amended by striking ‘‘January 1, 2006’’ and inserting ‘‘January 1, 2008’’. SEC. 818. SUBMISSION OF COST OR PRICING DATA ON NONCOMMER CIAL MODIFICATIONS OF COMMERCIAL ITEMS. (a) INAPPLICABILITY OF COMMERCIAL ITEMS EXCEPTION TO NON COMMERCIAL MODIFICATIONS OF COMMERCIAL ITEMS.—Subsection (b) of section 2306a of title 10, United States Code, is amended by adding at the end the following new paragraph: ‘‘(3) NONCOMMERCIAL MODIFICATIONS OF COMMERCIAL ITEMS.—(A) The exception in paragraph (1)(B) does not apply to cost or pricing data on noncommercial modifications of a commercial item that are expected to cost, in the aggregate, more than $500,000 or 5 percent of the total price of the contract, whichever is greater. ‘‘(B) In this paragraph, the term ‘noncommercial modifica tion’, with respect to a commercial item, means a modification of such item that is not a modification described in section 4(12)(C)(i) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12)(C)(i)). ‘‘(C) Nothing in subparagraph (A) shall be construed— ‘‘(i) to limit the applicability of the exception in subparagraph (A) or (C) of paragraph (1) to cost or pricing data on a noncommercial modification of a commercial item; or ‘‘(ii) to require the submission of cost or pricing data on any aspect of an acquisition of a commercial item other than the cost and pricing of noncommercial modifications of such item.’’.

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