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TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS

Subtitle C — Amendments To General Contracting Authorities, Procedures, And Limitations

P. L. 114-

House Conference Report. 114-840

(1) in subsection (a)(1)(A), by inserting “that is only expected to receive one bid” after “entered into using procedures other than sealed-bid procedures”; and

(2) in subsection (b)—

(A) in paragraph (1)(A)(i), by striking “price competition” and inserting “competition that results in at least two or more responsive and viable competing bids”; and

(B) by adding at the end the following new paragraph:

“(6) DETERMINATION BY PRIME CONTRACTOR.—A prime contractor required to submit certified cost or pricing data under subsection (a) with respect to a prime contract shall be responsible for determining whether a subcontract under such contract qualifies for an exception under paragraph (1)(A) from such requirement.”.

The Senate bill contained a provision (sec. 813) that would amend section 2306a of title 10, United States Code, to clarify the definition of competition and the role of the prime contractor in determining whether a subcontract meets the competitive or commercial test under the section.

The House amendment contained no similar provision.

The House recedes.

The conferees recognize that the government retains the right to review determinations made by prime contractors.