§3312 — Title 41 Public Contracts | U.S. Code

Summary

The Administrator must create and keep a database of price trends for items and services bought under federal contracts. The database must help government buyers watch price changes, do price or cost checks, decide if offered prices are reasonable, and spot unjustified price increases. Federal agencies must be able to use the database when they review contract offers. The Secretary of Defense can meet this rule by following section 892 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (10 U.S.C. 2306a note).

Title 41, §3312

Public Contracts — Source: USLM XML via OLRC

(a)The Administrator shall establish and maintain a database of information on price trends for items and services under contracts with the Federal Government. The information in the database shall be designed to assist Federal acquisition officials in the following:

(1)Monitoring developments in price trends for items and services under contracts with the Federal Government.

(2)Conducting price or cost analyses for items and services under offers for contracts with the Federal Government, or otherwise conducting determinations of the reasonableness of prices for items and services under such offers, and addressing unjustified escalation in prices being paid by the Federal Government for items and services under contracts with the Federal Government.

(b)(1)The database under subsection (a) shall be available to executive agencies in the evaluation of offers for contracts with the Federal Government for items and services.

(2)The Secretary of Defense may satisfy the requirements of this section by complying with the requirements of section 892 11 See References in Text note below. of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (10 U.S.C. 2306a note).

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 892 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011, referred to in subsec. (b)(2), is section 892 of Pub. L. 111–383, which was formerly set out as a note under section 2306a of Title 10, Armed Forces, prior to repeal by Pub. L. 114–92, div. A, title X, § 1073(f), Nov. 25, 2015, 129 Stat. 996.

Statutory Notes and Related Subsidiaries

Use of Elements of Department of Defense Pilot Project Pub. L. 112–239, div. A, title VIII, § 851(b), Jan. 2, 2013, 126 Stat. 1855, provided that: “In establishing the database required by section 3312 of title 41, United States Code (as added by subsection (a)), the Administrator for Federal Procurement Policy shall use and incorporate appropriate elements of the pilot project on pricing being carried out by the Under Secretary of Defense for Acquisition, Technology, and Logistics pursuant to section 892 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 [Pub. L. 111–383] (10 U.S.C. 2306a note) and the Better Buying Power initiative of the Secretary of Defense.”

§3312 Database on Price Trends of Items and Services Under Federal Contracts