Title 10 — Armed Forces
Part V · Chapter 271 — Truthful Cost or Pricing Data (truth in Negotiations)
§ 3701. Definitions
Statutory text
In this chapter:
Cost or pricing data.—
The term “cost or pricing data” means all facts that, as of the date of agreement on the price of a contract (or the price of a contract modification), or, if applicable consistent with section 3706(a)(2) of this title, another date agreed upon between the parties, a prudent buyer or seller would reasonably expect to affect price negotiations significantly. Such term does not include information that is judgmental, but does include the factual information from which a judgment was derived.
Subcontract.—
The term “subcontract” includes a transfer of commercial products or commercial services between divisions, subsidiaries, or affiliates of a contractor or a subcontractor.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 div. A title XVIII § 1831(a) · 134 Stat. 3388
Enacted · 10 U.S.C. § 3701
Added and amended Pub. L. 116–283, div. A, title XVIII, § 1831(a), (b), Jan. 1, 2021, 134 Stat. 4209
Source evidence
Code source credit
Added and amended Pub. L. 116–283, div. A, title XVIII, § 1831(a), (b), Jan. 1, 2021, 134 Stat. 4209Enacted provision · exact public law section
(a) New Chapter.— Part V of subtitle A of title 10, United States Code, as added by section 801 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115– 232), 10 USC prec. 3701. is amended by striking chapter 271 and inserting the following: “CHAPTER 271— TRUTHFUL COST OR PRICING DATA (TRUTH IN NEGOTIATIONS) “Sec. “3701. Definitions. “3702. Required cost or pricing data and certification. “3703. Exceptions. “3704. Cost or pricing data on below-threshold contracts. “3705. Submission of other information. “3706. Price reductions for defective cost or pricing data. “3707. Interest and penalties for certain overpayments. “3708. Right to examine contractor records. “§ 3701. Definitions “§ 3702. Required cost or pricing data and certification “§ 3703. Exceptions “§ 3704. Cost or pricing data on below-threshold contracts “§ 3705. Submission of other information “§ 3706. Price reductions for defective cost or pricing data “§ 3707. Interest and penalties for certain overpayments “§ 3708. Right to examine contractor records” .Effective date note
Amendment by Pub. L. 117–81 applicable as if included in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and Effective Date note below.William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1831(b) · 134 Stat. 3388
Amended · 10 U.S.C. § 3701
Pub. L. 116–283, § 1831(b), as amended by Pub. L. 117–81, § 1701(b)(10)(A), transferred subsec. (h) of section 2306a of this title to this section
Struck · 10 U.S.C. § 3701
Pub. L. 116–283, § 1831(b), as struck out subsec. (h) designation and heading “Definitions” at beginning
Substituted · 10 U.S.C. § 3701
Pub. L. 116–283, § 1831(b), as substituted “this chapter” for “this section” in par. (1)
Substituted · 10 U.S.C. § 3701
Pub. L. 116–283, § 1831(b), as substituted “section 3706(a)(2) of this title” for “subsection (e)(1)(B)” in par. (1)
Source evidence
Code amendment note
Pub. L. 116–283, § 1831(b), as amended by Pub. L. 117–81, § 1701(b)(10)(A), transferred subsec. (h) of section 2306a of this title to this section, struck out subsec. (h) designation and heading “Definitions” at beginning, and substituted “this chapter” for “this section” in introductory provisions and “section 3706(a)(2) of this title” for “subsection (e)(1)(B)” in par. (1).Enacted provision · exact public law section
(b) Transfer of Subsection (h) of Section 2306a.— Subsection (h) of section 2306a of title 10, United States Code, is transferred to section 3701 of such title, as added by subsection (a), inserted after the section heading, redesignated as subsection (a), and amended— (1) by striking “this section” and inserting “this chapter”; and (2) in paragraph (1), by striking “subsection (e)(1)(B)” and inserting “section 3706(a)(2) of this title”.Effective date note
Amendment by Pub. L. 117–81 applicable as if included in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and Effective Date note below.
5 of 5 references resolved to an enrolled provision
Editorial Notes
Codification
The text of subsec. (h) of section 2306a of this title, which was transferred to this section and amended by Pub. L. 116–283, § 1831(b), was based on Pub. L. 99–500, § 101(c) [title X, § 952(a)], , 100 Stat. 1783–82, 1783–166, and Pub. L. 99–591, § 101(c) [title X, § 952(a)], , 100 Stat. 3341–82, 3341–166; Pub. L. 99–661, div. A, title IX, formerly title IV, § 952(a), , 100 Stat. 3945, renumbered title IX, Pub. L. 100–26, § 3(5), , 101 Stat. 273; Pub. L. 100–180, div. A, title VIII, § 804(a), , 101 Stat. 1125; Pub. L. 103–355, title I, §§ 1204(1), 1208, , 108 Stat. 3275, 3277; Pub. L. 104–106, div. D, title XLII, § 4201(a)(2)(B), , 110 Stat. 651; Pub. L. 111–350, § 5(b)(15), , 124 Stat. 3843; Pub. L. 115–232, div. A, title VIII, § 836(c)(5)(C), , 132 Stat. 1865. Pub. L. 99–500, Pub. L. 99–591, and Pub. L. 99–661 added identical sections. Pub. L. 99–591 is a corrected version of Pub. L. 99–500.
Amendments
2021—Pub. L. 116–283, § 1831(b), as amended by Pub. L. 117–81, § 1701(b)(10)(A), transferred subsec. (h) of section 2306a of this title to this section, struck out subsec. (h) designation and heading “Definitions” at beginning, and substituted “this chapter” for “this section” in introductory provisions and “section 3706(a)(2) of this title” for “subsection (e)(1)(B)” in par. (1).
Statutory Notes and Related Subsidiaries
Effective Date of 2021 Amendment
Amendment by Pub. L. 117–81 applicable as if included in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and Effective Date note below.
Effective Date
Section and amendment by Pub. L. 116–283 effective , with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as an Effective Date of 2021 Amendment note preceding section 3001 of this title.
Credits
2021 · 2 acts
- 2021Added and amended Pub. L. 116–283, div. A, title XVIII, § 1831(a), (b), , 134 Stat. 4209
- 2021Pub. L. 117–81, div. A, title XVII, § 1701(b)(10)(A), , 135 Stat. 2133.
Show as published
(Added and amended Pub. L. 116–283, div. A, title XVIII, § 1831(a), (b), , 134 Stat. 4209; Pub. L. 117–81, div. A, title XVII, § 1701(b)(10)(A), , 135 Stat. 2133.)