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the period of the pilot program, regardless of whether the contracts are performed during the period.
(g) REPORT TO CONGRESS.(1) The Secretary shall submit to Congress a report on the impact of the pilot program on
(A) prices paid by the Federal Government under contracts for commercial services covered by the pilot program;
(B) the quality and timeliness of the services provided under such contracts; and
(C) the extent of competition for such contracts. (2) The Secretary shall submit the report
(A) not later than 90 days after the end of the third full fiscal year for which the pilot program is in effect; or
(B) if the period established for the pilot program under subsection (f)(1) does not cover three full fiscal years, not later than 90 days after the end of the designated period.
(h) PRICE TREND ANALYSIS.—The Secretary of Defense shall apply the procedures developed pursuant to section 803(c) of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105–261; 112 Stat. 2081; 10 U.S.C. 2306a note) to collect and analyze information on price trends for all services covered by the pilot program and for the services in such categories of services not covered by the pilot program to which the Secretary considers it appropriate to apply those procedures.
STROM THURMOND NATIONAL DEFENSE AUTHORIZATION ACT FOR
FISCAL YEAR 1999
TITLE VIII-ACQUISITION POLICY, AC
QUISITION MANAGEMENT, AND RELATED MATTERS
SEC. 803. [10 U.S.C. 2306a note] DEFENSE COMMERCIAL PRICING MAN
AGEMENT IMPROVEMENT. (a) MODIFICATION OF PRICING REGULATIONS FOR CERTAIN COMMERCIAL ITEMS EXEMPT FROM COST OR PRICING DATA CERTIFICATION REQUIREMENTS.—1) The Federal Acquisition Regulation issued in accordance with sections 6 and 25 of the Office of Federal Procurement Policy Act (41 U.S.C. 405, 421) shall be revised to clarify the procedures and methods to be used for determining the reasonableness of prices of exempt commercial items (as defined in subsection (d)).
(2) The regulations shall, at a minimum, provide specific guid
(A) the appropriate application and precedence of such price analysis tools as catalog-based pricing, market-based pricing, historical pricing, parametric pricing, and value analysis;
(B) the circumstances under which contracting officers should require offerors of exempt commercial items to provide —
(i) information on prices at which the offeror has previously sold the same or similar items; or
(ii) other information other than certified cost or pricing data;
(C) the role and responsibility of Department of Defense support organizations in procedures for determining price reasonableness; and
(D) the meaning and appropriate application of the term "purposes other than governmental purposes” in section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12)).
(3) This subsection shall cease to be effective 1 year after the date on which final regulations prescribed pursuant to paragraph (1) take effect.
(b) UNIFIED MANAGEMENT OF PROCUREMENT OF EXEMPT COMMERCIAL ITEMS.—The Secretary of Defense shall develop and implement procedures to ensure that, whenever appropriate, a single item manager or contracting officer is responsible for negotiating and entering into all contracts from a single contractor for the procurement of exempt commercial items or for the procurement of items in a category of exempt commercial items.
(c) COMMERCIAL PRICE TREND ANALYSIS.(1) The Secretary of Defense shall develop and implement procedures that, to the maximum extent that is practicable and consistent with the efficient operation of the Department of Defense, provide for the collection and analysis of information on price trends for categories of exempt commercial items described in paragraph (2).
(2) A category of exempt commercial items referred to in paragraph (1) consists of exempt commercial items
(A) that are in a single Federal Supply Group or Federal Supply Class, are provided by a single contractor, or are otherwise logically grouped for the purpose of analyzing information on price trends; and
(B) for which there is a potential for the price paid to be significantly higher (on a percentage basis) than the prices previously paid in procurements of the same or similar items for the Department of Defense, as determined by the head of the procuring Department of Defense agency or the Secretary of the procuring military department on the basis of criteria prescribed by the Secretary of Defense.
(3) The head of a Department of Defense agency or the Secretary of a military department shall take appropriate action to address any unreasonable escalation in prices being paid for items procured by that agency or military department as identified in an analysis conducted pursuant to paragraph (1).
(4) Not later than April 1 of each of fiscal years 2000 through 2006, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the analyses of price trends that were conducted by the Secretary of each military department and the Director of the Defense Logistics Agency for categories of exempt commercial items during the preceding fiscal year under the procedures prescribed pursuant to paragraph (1). The report shall include a description of the actions taken by each Secretary and the Director to identify and address any unreasonable price escalation for the categories of items.
(d) EXEMPT COMMERCIAL ITEMS DEFINED.-For the purposes of this section, the term “exempt commercial item” means a commercial item that is exempt under subsection (b)(1)(B) of section 2306a of title 10, United States Code, or subsection (b)(1)(B) of section 304A of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 254b), from the requirements for submission of certified cost or pricing data under that section.
SEC. 806. (10 U.S.C. 2304 note] PROCUREMENT OF CONVENTIONAL AM.
MUNITION (a) AUTHORITY.—The official in the Department of Defense designated as the single manager for conventional ammunition in the Department shall have the authority to restrict the procurement of conventional ammunition to sources within the national technology and industrial base in accordance with the authority in section 2304(c) of title 10, United States Code.
(b) REQUIREMENT.-The official in the Department of Defense designated as the single manager for conventional ammunition in the Department of Defense shall limit a specific procurement of ammunition to sources within the national technology and industrial base in accordance with section 2304(c)(3) of title 10, United States Code, in any case in which that manager determines that such limitation is necessary to maintain a facility, producer, manufacturer, or other supplier available for furnishing an essential item of ammunition or ammunition component in cases of national emergency or to achieve industrial mobilization.
(c) CONVENTIONAL AMMUNITION DEFINED.-For purposes of this section, the term "conventional ammunition” has the meaning given that term in Department of Defense Directive 5160.65, dated March 8, 1995.
SEC. 807. [112 Stat. 2084] PARA-ARAMID FIBERS AND YARNS.
(a) AUTHORITY.—The Secretary of Defense may procure articles containing para-aramid fibers and yarns manufactured in a foreign country referred to in subsection (d) if the Secretary determines that
(1) procuring articles that contain only para-aramid fibers and yarns manufactured from suppliers within the national technology and industrial base would result in sole-source con- tracts or subcontracts for the supply of such para-aramid fibers and yarns; and
(2) such sole-source contracts or subcontracts would not be in the best interests of the Government or consistent with the objectives of section 2304 of title 10, United States Code.
(b) SUBMISSION TO CONGRESS.—Not later than 30 days after making a determination under subsection (a), the Secretary shall submit to Congress a copy of the determination.
(c) APPLICABILITY TO SUBCONTRACTS.—The authority under subsection (a) applies with respect to subcontracts under Department of Defense contracts as well as to such contracts.
(d) FOREIGN COUNTRIES COVERED.-The authority under subsection (a) applies with respect to a foreign country that
(1) is a party to a defense memorandum of understanding entered into under section 2531 of this title; and
(2) permits United States firms that manufacture paraaramid fibers and yarns to compete with foreign firms for the sale of para-aramid fibers and yarns in that country, as determined by the Secretary of Defense.
(e) DEFINITION.-In this section, the term "national technology and industrial base” has the meaning given that term in section 2500 of title 10, United States Code.
SEC. 816. (10 U.S.C. 2220 note] PILOT PROGRAMS FOR TESTING PRO
GRAM MANAGER PERFORMANCE OF PRODUCT SUPPORT
QUISITION PROGRAMS. (a) DESIGNATION OF PILOT PROGRAMS.—The Secretary of Defense, acting through the Secretaries of the military departments, shall designate 10 acquisition programs of the military departments as pilot programs on program manager responsibility for product support.
(b) RESPONSIBILITIES OF PROGRAM MANAGERS.—The program manager for each acquisition program designated as a pilot program under this section shall have the responsibility for ensuring that the product support functions for the program are properly carried out over the entire life cycle of the program.
(c) REPORT.-Not later than February 1, 1999, the Secretary of Defense shall submit to the congressional defense committees a report on the pilot programs. The report shall contain the following:
(1) A description of the acquisition programs designated as pilot programs under subsection (a).
(2) For each such acquisition program, the specific management actions taken to ensure that the program manager has the responsibility for oversight of the performance of the product support functions.
(3) Any proposed change to law, policy, regulation, or organization that the Secretary considers desirable, and determines feasible to implement, for ensuring that the program managers are fully responsible under the pilot programs for the performance of all such responsibilities.
SEC. 819. (112 Stat. 2089) FIVE-YEAR AUTHORITY FOR SECRETARY OF
THE NAVY TO EXCHANGE CERTAIN ITEMS. (a) BARTER AUTHORITY.—The Secretary of the Navy may enter into a barter agreement to convey trucks and other tactical vehicles in exchange for the repair and remanufacture of ribbon bridges for the Marine Corps. The Secretary shall enter into any such agreement in accordance with section 201(c) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 481(c)), and the regulations issued under such section, except that the requirement that the items to be exchanged be similar shall not apply to the authority provided under this subsection.
(b) PERIOD OF AUTHORITY.—The authority to enter into agreements under subsection (a) and to make exchanges under any such agreement is effective during the 5-year period beginning on October 1, 1998.