Page:United States Statutes at Large Volume 97.djvu/720

 97 STAT. 688 PUBLIC LAW 98-94—SEPT. 24, 1983 10 USC 2452 note. Publication in Federal Register. Submittal to congressional committees. REGULATIONS RELATING TO INCREASES IN PRICES FOR SPARE PARTS AND REPLACEMENT EQUIPMENT SEC. 1215. (a) Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall issue regula- tions which— (1) except as provided in clause (2), prohibit the purchase of any spare part or replacement equipment when the price of such part or equipment, since a time in the past specified by the Secretary (in terms of days or months) or since the most recent purchase of such part or equipment by the Department of Defense, has increased in price by a percentage in excess of a percentage threshold specified by the Secretary in such regula- tions, and (2) permit the purchase of such spare part or equipment (notwithstanding the prohibition contained in clause (D) if the contracting officer for such part or equipment certifies in writ- ing to the head of the procuring activity before the purchase is made that— (A) such officer has evaluated the price of such part or equipment and concluded that the increase in the price of such part or equipment is fair and reasonable, or (B) the national security interests of the United States require that such part or equipment be purchased despite the increase in price of such part or equipment. (b) The Secretary shall publish the regulations issued under this section in the Federal Register. (c) Not less than 30 days before the Secretary publishes such regulatons in accordance with subsection (b), the Secretary shall submit the text of the proposed regulations to the Committees on Armed Services of the Senate and House of Representatives. Submittal to congressional committees. 10 USC 2452 note. REPORT ON MANAGEMENT OF SPARE PARTS SEC. 1216. (a) The Secretary of Defense shall submit to the Com- mittees on Armed Services and on Appropriations of the Senate and House of Representatives, by June 1, 1984, a comprehensive report on the management by the Department of Defense of acquisition of initial and replenishment spare parts and on the status of efforts within the Department of Defense (including particularly the De- fense Logistics Agency and the military departments) to correct problems associated with increased costs of such parts. The Secre- tary shall include in such report the following: (1) An analysis of the extent of overcharging on spare parts and shortages of spare parts. (2) The status of efforts (if any) to ensure that procurement method codes (PMCs) used to denote the method of procurement for spare parts are accurately and appropriately applied. (3) With respect to technical data required by a contract to be delivered to the Department of Defense, the status of efforts (if any) to identify and obtain such data that are missing and to identify and correct such data that are inaccurate or incomplete. (4) The status of efforts to enhance the Department of Defense High-Dollar Spare Parts Breakout Program. (5) The organizational identity of personnel assigned to the efforts referred to in paragraphs (1) through (4).

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