SEC. 868. MINIMIZING ABUSE OF
COMMERCIAL SERVICES ITEM AUTHORITY.
(a) Regulations Required- Not later than 180 days after the date
of the enactment of this Act, the Federal Acquisition Regulation
shall be amended with respect to the procurement of commercial
services.
(b) Applicability of Commercial Procedures-
(1)
SERVICES OF A TYPE SOLD IN MARKETPLACE- The regulations
modified pursuant to subsection (a) shall ensure that services
that are not offered and sold competitively in substantial
quantities in the commercial marketplace, but are of a type
offered and sold competitively in substantial quantities in
the commercial marketplace, may be treated as commercial items
for purposes of section 254b of title 41, United States Code
(relating to truth in negotiations), only if the contracting
officer determines in writing that the offeror has submitted
sufficient information to evaluate, through price analysis,
the reasonableness of the price for such services.
(2) INFORMATION SUBMITTED- To the extent necessary to make a
determination under paragraph (1), the contracting officer may
request the offeror to submit--
(A)
prices paid for the same or similar commercial items under
comparable terms and conditions by both government and
commercial customers; and
(B) if the contracting officer determines that the
information described in subparagraph (A) is not sufficient
to determine the reasonableness of price, other relevant
information regarding the basis for price or cost, including
information on labor costs, material costs, and overhead
rates.
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Minimizing abuse of commercial item
authority. Section 868 requires additional cost and pricing
information for goods and services “of a type” found in the
commercial market place. |
