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

Subtitle B Amendments to General Contracting Authorities, Procedures, and Limitations

P. L. 115-

House Conference Report. 115-404

SEC. 812. APPLICABILITY OF COST AND PRICING DATA CERTIFICATION REQUIREMENTS.

Section 830(d) of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2286) is
amended--

(1) in paragraph (1)(A), by striking ``same
product'' and inserting ``same or similar product'';

(2) by redesignating paragraph (2) as paragraph
(4); and

(3) by inserting after paragraph (1) the following
new paragraphs:

``(2) Determination of same or similar product.--
The Secretary of Defense and the Secretary of State
shall jointly determine whether a product is considered
to be a similar product for the purposes of this pilot
program.

``(3) Waiver of cost or pricing certification.--The
Secretary of Defense may waive the certification
requirement under section 2306a(a)(2) of title 10,
United States Code, if the Secretary determines that
the Federal Government has sufficient data and
information regarding the reasonableness of the
price.''.

Applicability of cost and pricing data certification requirements (sec. 812)

The Senate amendment contained a provision (sec. 866) that would amend section 2306a(b)(1) of title 10, United States Code, to clarify that additional certification is not required for a foreign military sale where there is already an existing U.S. Government contract for the same or similar item or service for which the U.S. Government has current cost and pricing data and insights into the reasonableness of price.

The House bill contained no similar provision.

The House recedes with an amendment that would amend the pilot program on foreign military sales authorized by Section 830(d) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2286) to add in a waiver of cost or pricing certification requirements under section 2306a(a)(2) of title 10, United States Code, if the Secretary of Defense determines that the Federal Government has sufficient data and information regarding the reasonableness of the price. The amendment would further clarify that the Secretary of Defense and the Secretary of State shall jointly determine whether a product is considered to be a similar product for purposes of the pilot program.

 

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