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

Subtitle F--Provisions Relating to Commercial Items

P. L. 114-

House Conference Report. 114-840

(1) by striking “Notwithstanding” and inserting the following:

“(a) Goods And Services Provided By Nontraditional Defense Contractors.—Notwithstanding”; and

(2) by adding at the end the following new subsection:

“(b) Services Provided By Certain Nontraditional Contractors.—Notwithstanding section 2376(1) of this title, services provided by a business unit that is a nontraditional defense contractor (as that term is defined in section 2302(9) of this title) shall be treated as commercial items for purposes of this chapter, to the extent that such services use the same pool of employees as used for commercial customers and are priced using methodology similar to methodology used for commercial pricing.”.

(b) Conforming Amendments.—

(1) SECTION HEADING.—Section 2380A of title 10, United States Code, as amended by subsection (a), is further amended by striking the section heading and inserting the following:

“§ 2380a. Treatment of certain items as commercial items”.

(2) TABLE OF SECTIONS.—The table of sections at the beginning of chapter 140 of title 10, United States Code, is amended by striking the item relating to section 2380A and inserting the following new item:

“2380a. Treatment of certain items as commercial items.”.

The Senate bill contained a provision (sec. 866) that would amend section 2380A of title 10, United States Code, to treat business units of nontraditional contractors that offer services as a commercial item, if the business unit uses the same personnel and similar pricing as offered to commercial customers.

The House amendment contained no similar provision.

The House recedes.