Page:United States Statutes at Large Volume 124.djvu/3790

124 STAT. 3764 PUBLIC LAW 111–350—JAN. 4, 2011 (f) WHEN ENFORCEMENT OF QUALIFICATION REQUIREMENT NOT ALLOWED.—Except in an emergency as determined by the head of the agency, after the head of the agency determines not to enforce a qualification requirement for a solicitation, the agency may not enforce the requirement unless the agency complies with the requirements of subsection (b). CHAPTER 35—TRUTHFUL COST OR PRICING DATA Sec. 3501. General. 3502. Required cost or pricing data and certification. 3503. Exceptions. 3504. Cost or pricing data on below-threshold contracts. 3505. Submission of other information. 3506. Price reductions for defective cost or pricing data. 3507. Interest and penalties for certain overpayments. 3508. Right to examine contractor records. 3509. Notification of violations of Federal criminal law or overpayments. § 3501. General (a) DEFINITIONS.—In this chapter: (1) COMMERCIAL ITEM.—The term ‘‘commercial item’’ has the meaning provided the term by section 103 of this title. (2) COST OR PRICING DATA.—The term ‘‘cost or pricing data’’ means all facts that, as of the date of agreement on the price of a contract (or the price of a contract modification) or, if applicable consistent with section 3506(a)(2) of this title, another date agreed upon between the parties, a prudent buyer or seller would reasonably expect to affect price negotiations significantly. The term does not include information that is judgmental, but does include factual information from which a judgment was derived. (3) SUBCONTRACT.—The term ‘‘subcontract’’ includes a transfer of commercial items between divisions, subsidiaries, or affiliates of a contractor or a subcontractor. (b) REGULATIONS.— (1) MINIMIZING ABUSE OF COMMERCIAL SERVICES ITEM AUTHORITY.—The Federal Acquisition Regulation 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 this chapter only if the contracting officer determines in writing that the offeror has submitted sufficient information to evaluate, through price analysis, the reasonable- ness of the price for the services. (2) INFORMATION TO SUBMIT.—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 govern- ment and commercial customers; and (B) if the contracting officer determines that the informa- tion described in subparagraph (A) is not sufficient to deter- mine the reasonableness of price, other relevant informa- tion regarding the basis for price or cost, including informa- tion on labor costs, material costs, and overhead rates.