117 STAT. 1672
PUBLIC LAW 108–136—NOV. 24, 2003
the Administrator for Federal Procurement Policy shall establish a center of excellence in contracting for services. The center of excellence shall assist the acquisition community by identifying, and serving as a clearinghouse for, best practices in contracting for services in the public and private sectors. (c) REPEAL OF SUPERSEDED PROVISION.—Subsection (b) of section 821 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106– 398; 114 Stat. 1654A–218; 10 U.S.C. 2302 note) is repealed. (d) CLERICAL AND TECHNICAL AMENDMENTS.—(1) The table of contents in section 1(b) of such Act is amended by striking the last item and inserting the following: ‘‘Sec. 40. Protection of constitutional rights of contractors. ‘‘Sec. 41. Incentives for efficient performance of services contracts.’’. 41 USC 436.
(2) The section before section 41 of such Act (as added by subsection (a)) is redesignated as section 40. SEC. 1432. AUTHORIZATION OF ADDITIONAL COMMERCIAL CONTRACT TYPES.
Section 8002(d) of the Federal Acquisition Streamlining Act of 1994 (Public Law 103–355; 108 Stat. 3387; 41 U.S.C. 264 note) is amended— (1) by redesignating paragraph (1) as subparagraph (A) and in that subparagraph by striking ‘‘and’’; (2) by redesignating paragraph (2) as subparagraph (B) and in that subparagraph by striking the period at the end and inserting ‘‘; and’’; (3) by adding after subparagraph (B) (as so redesignated) the following new subparagraph: ‘‘(C) subject to paragraph (2), authority for use of a timeand-materials contract or a labor-hour contract for the procurement of commercial services that are commonly sold to the general public through such contracts and are purchased by the procuring agency on a competitive basis.’’; (4) by striking ‘‘USE OF FIRM, FIXED PRICE CONTRACTS.— The’’ and inserting ‘‘PROVISIONS RELATING TO TYPES OF CONTRACTS FOR COMMERCIAL ITEMS.—(1)’’; and (5) by adding at the end the following new paragraphs: ‘‘(2) A time-and-materials contract or a labor-hour contract may be used pursuant to the authority referred to in paragraph (1)(C)— ‘‘(A) only for a procurement of commercial services in a category of commercial services described in paragraph (3); and— ‘‘(B) only if the contracting officer for such procurement— ‘‘(i) executes a determination and findings that no other contract type is suitable; ‘‘(ii) includes in the contract a ceiling price that the contractor exceeds at its own risk; and ‘‘(iii) authorizes any subsequent change in the ceiling price only upon a determination, documented in the contract file, that it is in the best interest of the procuring agency to change such ceiling price. ‘‘(3) The categories of commercial services referred to in paragraph (2) are as follows: ‘‘(A) Commercial services procured for support of a commercial item, as described in section 4(12)(E) of the
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