APPLICATION OF RECENT PRICE HISTORY TO COST OR PRICING DATA REQUIREMENTS.

SEC. 815. APPLICATION OF RECENT PRICE HISTORY TO COST OR PRICING DATA REQUIREMENTS. Section 3702(a)(3) of title 10, United States Code, is amended— (1) by striking “An offeror” and inserting “(A) An offeror”; and (2) by adding at the end the following new subparagraph: “(B)(i) An offeror for a subcontract (at any tier) of a contract under this chapter that is required to submit cost or pricing data under subparagraph (A) with respect to such subcontract may submit prices paid for the covered goods and services of such offeror for such subcontract under this clause if— “(I) such offeror is a nontraditional defense contractor (as defined in section 3014 of this title); “(II) the prices to be submitted are prices that were paid for the same goods and services as such covered goods and services; and “(III) the price of such subcontract is not expected to exceed $5,000,000. “(ii) The submission of prices paid under clause (i) by an offereor with respect to a subcontract shall be deemed to be the submission of cost or pricing data by such offeror with respect to such subcontract as required by subparagraph (A) if a contracting officer of the Department of Defense determines that the prices submitted under such clause are fair and reasonable based on supported cost or pricing data within the last 12 months. “(iii) In this subparagraph, the term ‘covered goods and services’ means, with respect to an offeror for a subcontract (at any tier), the goods and services such offeror would provide under such subcontract.” .