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

Subtitle A—Acquisition Policy and Management.

P. L. 116-92

House Conference Report 116-333

Not later than March 31, 2021, the Comptroller General of the United States shall submit to the congressional defense committees, the Committee on Oversight and Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the efforts of the Secretary of Defense to secure data relating to the price reasonableness of offers from offerors. The report shall include a review of--

(1) the number of, and justification for, any waiver of requirements for submission of certified cost or pricing data for sole source contracts for spare parts issued during fiscal years 2015 through 2019 pursuant to section 2306a(b)(1)(C) of title 10, United States Code;

(2) the number of, and justification for, any exception to the requirements for submission of certified cost or pricing data for sole source contracts for spare parts provided during fiscal years 2015 through 2019 pursuant to section 2306a(b)(1)(B) of title 10, United States Code;

(3) the number of contracts awarded for which a request for cost or pricing data, including data other than certified cost or pricing data, to determine price reasonableness was denied by an offeror at the time of award;

(4) actions taken by the Secretary if an offeror refused to provide requested data described in paragraph (2), including--

(A) whether the contracting officer included a notation in the system used by the Federal Government to monitor or record contractor past performance regarding the refusal of an offeror
to provide such data;

(B) any strategies developed by the Secretary to acquire the good that was the subject of a contract for which the offeror refused to provide such data in the future without the need for such a waiver.

The House amendment contained a provision (sec. 805) that would require the Comptroller General of the United States to submit a report not later than March 31, 2021, to the congressional defense committees, the House Committee on Oversight and Reform, and the Senate Committee on Homeland Security and Governmental Affairs on the efforts of the Department of Defense to obtain cost and pricing data for sole source contracts for spare parts.

The Senate bill contained no similar provision.

The Senate recedes with a technical amendment.

House Report 116-120

Section 805--Comptroller General Report on Price Reasonableness

This section would require the Comptroller General of the United States to submit a report by March 31, 2021, to the congressional defense committees, the House Committee on Oversight and Reform, and the Committee on Homeland Security and Governmental Affairs regarding the efforts of the Department of Defense to obtain cost and pricing data for sole source contracts for spare parts.