Page:United States Statutes at Large Volume 122.djvu/235

 12 2 STA T . 212 PUBLIC LA W 11 0– 1 8 1 —J A N .28, 2008 shal ls ubmit t o th eC ommittees o nAr me dS er v i c eso f the Senate and H ouse of R e p resentatives , not later than D ecember 30, 2 00 8 , a report on the use of authorit y provided under subsection ( h ) of section 2 5 33b of title 1 0, U nited States Code, as amended by this section . Such report shall include, at a minimum, a description of types of items bein g procured as commercially available off - the-shelf items under such subsection and incorporated into non- commercial items. T he Secretary shall submit an update of such report to such committees not later than December 30, 200 9 . SEC.805 . PRO C U RE M E NT O F COMMERC IAL SER V ICES. (a) R EGULATIONS RE Q UI R E D . —N ot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall modify the regulations of the Department of Defense for the procurement of commercial services for or on behalf of the Department of Defense. (b) A P PLI C A B ILIT Y O F CO M MERCIAL P ROCEDURES.— (1) SER V ICES OF A TYPE SOLD IN MAR K ETPLACE.—The regula- tions modified pursuant to subsection (a) shall ensure that services that are not offered and sold competitively in substan- tial q uantities in the commercial mar k etplace, but are of a type offered and sold competitively in substantial quantities in the commercial marketplace, may be treated as commercial items for purposes of section 230 6 a of title 10, United States Code (relating to truth in negotiations), only if the contracting officer determines in w riting that the offeror has submitted sufficient information to evaluate, through price analysis, the reasonableness of the price for such services. (2) I NFORMATION SUBMITTED.—To the e x tent necessary to make a determination under paragraph (1), the contracting officer may request the offeror to submit— (A) prices paid for the same or similar commercial items under comparable terms and conditions by both government and commercial customers and ( B ) if the contracting officer determines that the information described in subparagraph (A) is not sufficient to determine the reasonableness of price, other relevant information regarding the basis for price or cost, including information on labor costs, material costs, and overhead rates. (c) TIME-AND- M ATERIALS CONTRACTS.— (1) COMMERCIAL ITEM ACQUISITIONS.—The regulations modified pursuant to subsection (a) shall ensure that procedures applicable to time-and-materials contracts and labor-hour con- tracts for commercial item acquisitions may be used only for the following

(A) Services procured for support of a commercial item, as described in section 4 (12)( E ) of the O ffice of F ederal Procurement Policy Act (41 U.S.C. 403(12)(E)). (B) Emergency repair services. (C) Any other commercial services only to the extent that the head of the agency concerned approves a deter- mination in writing by the contracting officer that— (i) the services to be acquired are commercial serv- ices as defined in section 4(12)(F) of the Office of Fed- eral Procurement Policy Act (41 U.S.C. 403(12)(F)); 10USC23 30 note.D e adli ne.

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