Page:United States Statutes at Large Volume 122.djvu/245

 12 2 STA T . 222 PUBLIC LA W 11 0– 1 8 1 —J A N .28, 2008 SEC.814 .C LARIF ICA T I ON OFS UBM ISSION OF COST OR P RICIN GD ATA ON NONCOMMERCIAL MODIFICATIONS OF COMMERCIAL ITEMS. (a)MEASUR E M E NTOFP ER C ENTA G EAT C ONTRACT AW AR D.—Sec-tion2306 a( b )(3)(A) o f tit l e 1 0 ,U nite d State s Code, is a m ended b y inse r tin g after ‘ ‘total p rice of t h e contract ’ ’ the follo w ing

‘‘(at the time of contract award)’’. (b) H ARMON IZ ATION OF TH RESHO L DS FOR COST OR PRICING D ATA.—Section 2306a(b)(3)(A) of title 10, United States Code, is amended by stri k ing ‘‘ $5 00,000’’ and inserting ‘‘the amo u nt specified in subsection (a)(1)(A)(i), as ad j usted from time to time under sub- section (a)( 7 ),’’. SEC. 81 5 . CLARIFICATION OF RULES REGARDING T H E PROCUREMENT OF COMMERCIAL ITEMS. (a) TREATMENT OF SU B S Y STEMS, COM P ONENTS, AND SPARE PARTS AS COMMERCIAL I TEMS.— (1) IN GENERAL.—Section 237 9 of title 10, United States Code, is amended— (A) in subsection (a)— (i) by redesignating paragraph (2) as paragraph (3) (ii) in paragraph (1)( B ), by striking ‘‘and’’ at the end; and (iii) by inserting after paragraph (1), the following: ‘‘(2) the offeror has submitted sufficient information to e v aluate, through price analysis, the reasonableness of the price for such system; and’’; (B) by striking subsection (b) and inserting the fol- lowing new subsection (b): ‘‘(b) TREATMENT OF SUBSYSTEMS AS COMMERCIAL ITEMS.—A subsystem of a major weapon system (other than a commercially available off-the-shelf item as defined in section 35(c) of the O ffice of F ederal Procurement Policy Act ( 4 1 U.S.C. 431(c))) shall be treated as a commercial item and purchased under procedures established for the procurement of commercial items only if— ‘‘(1) the subsystem is intended for a major weapon system that is being purchased, or has been purchased, under proce- dures established for the procurement of commercial items in accordance with the re q uirements of subsection (a); or ‘‘(2) the contracting officer determines in writing that— ‘‘(A) the subsystem is a commercial item, as defined in section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12)); and ‘‘(B) the offeror has submitted sufficient information to evaluate, through price analysis, the reasonableness of the price for such subsystem.’’; (C) by redesignating subsections (c) and (d) as sub- sections (e) and (f), respectively; and (D) by inserting after subsection (b) the following new subsections (c) and (d): ‘‘(c) TREATMENT OF COMPONENTS AND SPARE PARTS AS COMMER- CIAL ITEMS.—(1) A component or spare part for a major weapon system (other than a commercially available off-the-shelf item as defined in section 35(c) of the Office of Federal Procurement Policy Act (41 U.S.C. 431(c))) may be treated as a commercial item for the purposes of section 2306a of this title only if—

�