S.Amdt. 1994

SA 1994. Mrs. McCASKILL submitted an amendment intended to be
proposed to amendment SA 1463 proposed by Mr. McCain to the bill H.R.
1735, to authorize appropriations for fiscal year 2016 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:

Beginning on page 419, strike line 23 and all that follows
through page 420, line 3 and insert the following:
(2) establish a process by which the contractor may appeal
a determination by a contracting officer that an earlier
determination was made in error or was based on inadequate
information to the head of contracting for the agency; and
(3) establish a process by which a commercial item
determination can be revoked by the head of the contracting
activity in cases where the contracting officer is no longer
able to make an assessment that the prior determination is
appropriate and still applicable based on market research and
value-based pricing analysis that demonstrates that the
Department of Defense would pay more for the item than it had
previously or another source could provide a similar item for
a lower price.
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