
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC2225]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
                 CHAPTER 131--PLANNING AND COORDINATION
 
Sec. 2225. Information technology purchases: tracking and 
        management
        
    (a) Collection of Data Required.--To improve tracking and management 
of information technology products and services by the Department of 
Defense, the Secretary of Defense shall provide for the collection of 
the data described in subsection (b) for each purchase of such products 
or services made by a military department or Defense Agency in excess of 
the simplified acquisition threshold, regardless of whether such a 
purchase is made in the form of a contract, task order, delivery order, 
military interdepartmental purchase request, or any other form of 
interagency agreement.
    (b) Data To Be Collected.--The data required to be collected under 
subsection (a) includes the following:
        (1) The products or services purchased.
        (2) Whether the products or services are categorized as 
    commercially available off-the-shelf items, other commercial items, 
    nondevelopmental items other than commercial items, other 
    noncommercial items, or services.
        (3) The total dollar amount of the purchase.
        (4) The form of contracting action used to make the purchase.
        (5) In the case of a purchase made through an agency other than 
    the Department of Defense--
            (A) the agency through which the purchase is made; and
            (B) the reasons for making the purchase through that agency.

        (6) The type of pricing used to make the purchase (whether fixed 
    price or another type of pricing).
        (7) The extent of competition provided in making the purchase.
        (8) A statement regarding whether the purchase was made from--
            (A) a small business concern;
            (B) a small business concern owned and controlled by 
        socially and economically disadvantaged individuals; or
            (C) a small business concern owned and controlled by women.

        (9) A statement regarding whether the purchase was made in 
    compliance with the planning requirements under sections 5122 and 
    5123 of the Clinger-Cohen Act of 1996 (40 U.S.C. 1422, 1423).

    (c) Responsibility To Ensure Fairness of Certain Prices.--The head 
of each contracting activity in the Department of Defense shall have 
responsibility for ensuring the fairness and reasonableness of unit 
prices paid by the contracting activity for information technology 
products and services that are frequently purchased commercially 
available off-the-shelf items.
    (d) Limitation on Certain Purchases.--No purchase of information 
technology products or services in excess of the simplified acquisition 
threshold shall be made for the Department of Defense from a Federal 
agency outside the Department of Defense unless--
        (1) the purchase data is collected in accordance with subsection 
    (a); or
        (2)(A) in the case of a purchase by a Defense Agency, the 
    purchase is approved by the Under Secretary of Defense for 
    Acquisition, Technology, and Logistics; or
        (B) in the case of a purchase by a military department, the 
    purchase is approved by the senior procurement executive of the 
    military department.

    (e) Annual Report.--Not later than March 15 of each year, the 
Secretary of Defense shall submit to the Committees on Armed Services of 
the Senate and the House of Representatives a report containing a 
summary of the data collected in accordance with subsection (a).
    (f) Definitions.--In this section:
        (1) The term ``senior procurement executive'', with respect to a 
    military department, means the official designated as the senior 
    procurement executive for the military department for the purposes 
    of section 16(3) of the Office of Federal Procurement Policy Act (41 
    U.S.C. 414(3)).
        (2) The term ``simplified acquisition threshold'' has the 
    meaning given the term in section 4(11) of the Office of Federal 
    Procurement Policy Act (41 U.S.C. 403(11)).
        (3) The term ``small business concern'' means a business concern 
    that meets the applicable size standards prescribed pursuant to 
    section 3(a) of the Small Business Act (15 U.S.C. 632(a)).
        (4) The term ``small business concern owned and controlled by 
    socially and economically disadvantaged individuals'' has the 
    meaning given that term in section 8(d)(3)(C) of the Small Business 
    Act (15 U.S.C. 637(d)(3)(C)).
        (5) The term ``small business concern owned and controlled by 
    women'' has the meaning given that term in section 8(d)(3)(D) of the 
    Small Business Act (15 U.S.C. 637(d)(3)(D)).

(Added Pub. L. 106-398, Sec. 1 [[div. A], title VIII, Sec. 812(a)(1)], 
Oct. 30, 2000, 114 Stat. 1654, 1654A-212.)


                 Time for Implementation; Applicability

    Pub. L. 106-398, Sec. 1 [[div. A], title VIII, Sec. 812(b)], Oct. 
30, 2000, 114 Stat. 1654, 1654A-214, provided that:
    ``(1) The Secretary of Defense shall collect data as required under 
section 2225 of title 10, United States Code (as added by subsection 
(a)) for all contractual actions covered by such section entered into on 
or after the date that is one year after the date of the enactment of 
this Act [Oct. 30, 2000].
    ``(2) Subsection (d) of such section shall apply with respect to 
purchases described in that subsection for which solicitations of offers 
are issued on or after the date that is one year after the date of the 
enactment of this Act.''


                               GAO Report

    Pub. L. 106-398, Sec. 1 [[div. A], title VIII, Sec. 812(c)], Oct. 
30, 2000, 114 Stat. 1654, 1654A-214, provided that: ``Not later than 15 
months after the date of the enactment of this Act [Oct. 30, 2000], the 
Comptroller General shall submit to the congressional defense committees 
[Committees on Armed Services and Appropriations of the Senate and the 
House of Representatives] a report on the collection of data under such 
section 2225. The report shall include the Comptroller General's 
assessment of the extent to which the collection of data meets the 
requirements of that section.''
