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

Subtitle A—Acquisition Policy and Management.

P. L. 118-31

SEC. 802. MODIFICATION OF TRUTHFUL COST OR PRICING DATA SUBMISSIONS AND REPORT.

Section 3705(b)(2) of title 10, United States Code, is amended--

(1) in subparagraph (B), by adding at the end the following new sentence: ``The Under Secretary shall make appropriate portions of the report available to the leadership of the offerors named in such report.''; and

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

``(C) The Under Secretary of Defense for Acquisition and
Sustainment shall develop a framework for revising what constitutes a
denial of uncertified cost or pricing data, including--

``(i) identifying situations under which such denials occur to
exclude situations outside the control of the offeror or Federal Government;

``(ii) identifying whether such denial is from the prime contractor or subcontractor; and

``(iii) developing an appropriate timeframe for requiring
submission of uncertified cost or pricing data before a request for
such data is considered a denial, including a standardized
determination of a starting point and conclusion for such
requests.''.

Sec. 802--Modification of truthful cost or pricing data submissions and report

The House bill contained a provision (sec. 821) that would require the Under Secretary of Defense for Acquisition and Sustainment to include within its annual report on offerors that have denied multiple requests for submission on other than certified cost or pricing data additional information on offerors that delay such requests by more than 200 days and make a public notation on such offerors.

The Senate amendment contained a similar provision (sec. 822).

The House recedes with an amendment that would direct the Under Secretary of Defense for Acquisition and Sustainment to develop a framework for refining the parameters of what would constitute a denial of uncertified cost or pricing data under section 3705 of title 10, United States Code.

No Sec. 821 from H. Report 118-125

S. Rept. 118-58

Modification of truthful cost or pricing data submissions and report.  (sec. 822)

The committee recommends a provision that would amend section 3705(b)(2)(B) of title 10, United States Code, to require the Department of Defense to identify offerors that incur a delay of more than 200 days when submitting cost or pricing data, and make a public notation on such offers.