1998 - Subsec. (a)(5). Pub. L. 105-261, Sec. 805(b), amended par. (5) generally. Prior to amendment, par. (5) read as follows: ''For purposes of paragraph (1)(C), a contractor or subcontractor granted a waiver under subsection (b)(1)(B) of this section shall be considered as having been required to make available cost or pricing data under this section.''

Subsec. (d)(1). Pub. L. 105-261, Sec. 808(b), substituted ''the contracting officer shall require that the data submitted'' for ''the data submitted shall''. 1996 - Subsec. (b). Pub. L. 104-106, Sec. 4201(b)(1), amended subsec. (b) generally, substituting pars. (1) and (2) relating to submission of certified cost or pricing data for former pars. (1) and (2) relating to submission of cost or pricing data and striking out par. (3) relating to FAR standards. Subsec. (c). Pub. L. 104-106, Sec. 4201(b)(1), amended subsec. (c) generally, substituting pars. (1) to (3) relating to authority to require submission of certified cost or pricing data for former par. (1) relating to authority to require submission of cost or pricing data and striking out former par. (2) relating to authority to require information other than certified cost or pricing data.

Subsec. (c)(1). Pub. L. 104-106, Sec. 4321(e)(3), which directed amendment of heading of par. (1) by changing each letter that is capitalized (other than the first letter of the first word) to lowercase, could not be executed because of the general amendment of subsec. (c) by Pub. L. 104-106, Sec. 4201(b)(1). See above. Subsec. (d). Pub. L. 104-106, Sec. 4201(b)(1), amended subsec. (d) generally, substituting pars. (1) and (2) relating to submission of other information for former pars. (1) to (6) relating to additional exceptions regarding commercial items.

Subsec. (d)(2)(A)(ii). Pub. L. 104-106, Sec. 4321(e)(4), which directed amendment of par. (2)(A)(ii) by inserting ''to'' after ''The information referred'', could not be executed because par. (2)(A) did not contain a cl. (ii) or the phrase ''The information referred'', subsequent to the general amendment of subsec. (d) by Pub. L. 104-106, Sec. 4201(b)(1). See above.

Subsecs. (h), (i). Pub. L. 104-106, Sec. 4201(b)(2), redesignated subsec. (i) as (h) and struck out heading and text of former subsec. (h). Text read as follows: ''The Federal Acquisition Regulation shall include regulations concerning the types of information that offerors must submit for a contracting officer to consider in determining whether the price of a procurement to the Government is fair and reasonable when certified cost or pricing data are not required to be submitted under this section because the price of the procurement to the United States is not expected to exceed the applicable threshold amount set forth in subsection (a) of this section (as adjusted pursuant to paragraph (7) of such subsection). Such information, at a minimum, shall include appropriate information on the prices at which the same item or similar items have previously been sold that is adequate for evaluating the reasonableness of the price of a proposed contract or subcontract for the procurement.'

For effective date and applicability of amendment by Pub. L. 104-106, see section 4401 of Pub. L. 104-106, set out as a note under section 251 of this title

For effective date and applicability of section, see section 10001 of Pub. L. 103-355, set out as an Effective Date of 1994 Amendment note under section 251 of this title.

Section 1251(b) of Pub. L. 103-355, as amended by Pub. L. 104-106, div. D, title XLIII, Sec. 4321(a)(3), Feb. 10, 1996, 110 Stat. 671, provided that: ''Subsection (a) of section 304A of the Federal Property and Administrative Services Act of 1949 (subsec. (a) of this section), as added by subsection (a), shall apply according to the provisions thereof on and after the date of the enactment of this Act (Oct. 13, 1994), notwithstanding section 10001(b) (see Effective Date of 1994 Amendment note set out under section 251 of this title).'' (Section 4321(a) of Pub. L. 104-106 provided that the amendment made by that section to section 1251(b) of Pub. L. 103-355, set out above, is effective as of Oct. 13, 1994, and as if included in Pub. L. 103-355 as enacted.

Pub. L. 105-261, div. A, title VIII, Sec. 808(c), Oct. 17, 1998, 112 Stat. 2085, provided that: ''Not later than 180 days after the date of the enactment of this Act (Oct. 17, 1998), the Federal Acquisition Regulation shall be amended to provide that an offeror'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 (41 U.S.C. 254b(d)(1)) shall be a condition for the offeror to be eligible to enter into the contract or subcontract, subject to such exceptions as the Federal Acquisition Regulatory Council determines appropriate.'

Pub. L. 105-261, div. A, title VIII, Sec. 808(d), Oct. 17, 1998, 112 Stat. 2085, provided that: ''Not later than 180 days after the date of the enactment of this Act (Oct. 17, 1998), the Federal Acquisition Regulation shall be amended to include criteria for contracting officers to apply for determining the specific price information that an offeror 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)).'