CLARIFICATION OF RESPONSIBILITY FOR SUBMISSION OF INFORMATION ON PRICES PREVIOUSLY CHARGED FOR PROPERTY OR SERVICES OFFERED.

SEC. 808. CLARIFICATION OF RESPONSIBILITY FOR SUBMISSION OF INFORMATION ON PRICES PREVIOUSLY CHARGED FOR PROPERTY OR SERVICES OFFERED. (a) Armed Services Procurements.— Section 2306a(d)(1) of title 10, United States Code, is amended by striking out “the data submitted shall” in the second sentence and inserting in lieu thereof the following: “the contracting officer shall require that the data submitted”. (b) Civilian Agency Procurements.— Section 304A(d)(1) of the Federal Property and Administrative Services Act of 1949 (41U.S.C. 254b(d)(1)), is amended by striking out “the data submitted shall” in the second sentence and inserting in lieu thereof the following: “the contracting officer shall require that the data submitted”. (c) Eligibility for Contracts and Subcontracts To Be Conditioned on Compliance.— Not later than 180 days after the date of the enactment of this Act, the Federal Acquisition Regulation shall be amended to provide that an offer or’s compliance with a requirement to submit data for a contract or subcontract in accordance with section 2306a(d)(1) of title 10, United States Code, or section 304A(d)(1) of the Federal Property and Administrative Services Act of 1949 shall be a condition for the offer or to be eligible to enter into the contract or subcontract, subject to such exceptions as the Federal Acquisition Regulatory Council determines appropriate. (d) Criteria for Certain Determinations.— Not later than 180 days after the date of the enactment of this Act, the Federal Acquisition Regulation shall be amended to include criteria for contracting officers to apply for determining the specific price information that an offer or should be required to submit under section 2306a(d) of title 10, United States Code, or section 304A(d)of the Federal Property and Administrative Services Act of 1949(41 U.S.C. 254b(d)).