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Title 10 — Armed Forces

Part V · Chapter 271 — Truthful Cost or Pricing Data (truth in Negotiations)

§ 3704. Cost or pricing data on below-threshold contracts

Statutory text

(a)

Authority to require submission.—

Subject to subsection (b), when certified cost or pricing data are not required to be submitted by section 3702 of this title for a contract, subcontract, or modification of a contract or subcontract, such data may nevertheless be required to be submitted by the head of the procuring activity, but only if the head of the procuring activity determines that such data are necessary for the evaluation by the agency of the reasonableness of the price of the contract, subcontract, or modification of a contract or subcontract. In any case in which the head of the procuring activity requires such data to be submitted under this section, the head of the procuring activity shall justify in writing the reason for such requirement.

(b)

Exception.—

The head of the procuring activity may not require certified cost or pricing data to be submitted under this subsection for any contract or subcontract, or modification of a contract or subcontract, covered by the exceptions in paragraph (1) or (2) of section 3703(a) of this title.

(c)

Delegation of authority prohibited.—

The head of a procuring activity may not delegate functions under this subsection.

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.

  1. 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. § 3704

    (Added and amended Pub. L. 116–283, div. A, title XVIII, § 1831(a), (e), Jan. 1, 2021, 134 Stat. 4209, 4213.)

    Source evidence

    Code source credit
    (Added and amended Pub. L. 116–283, div. A, title XVIII, § 1831(a), (e), Jan. 1, 2021, 134 Stat. 4209, 4213.)

    Enacted 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” .

  2. William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 1831(e)(1)(A) · 134 Stat. 3388

    Struck · 10 U.S.C. § 3704

    Pub. L. 116–283, § 1831(e)(1)(A), transferred subsec. (c) of section 2306a of this title to this section and struck out subsec. (c) designation and heading “Cost or Pricing Data on Below-Threshold Contracts” at beginning

    Source evidence

    Code amendment note
    Pub. L. 116–283, § 1831(e)(1)(A), transferred subsec. (c) of section 2306a of this title to this section and struck out subsec. (c) designation and heading “Cost or Pricing Data on Below-Threshold Contracts” at beginning.

    Enacted provision · exact public law section
    (A) by striking the subsection designation and subsection heading; and

  3. William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 1831(e)(1)(B) · 134 Stat. 3388

    1. Redesignated · 10 U.S.C. § 3704(a)

      Pub. L. 116–283, § 1831(e)(1)(B), (2), redesignated par. (1) of section 2306a(c) of this title as subsec. (a) of this section, realigned margin

    2. Substituted · 10 U.S.C. § 3704(a)

      Pub. L. 116–283, § 1831(e)(1)(B), (2), substituted “subsection (b)” for “paragraph (2)”

    3. Substituted · 10 U.S.C. § 3704(a)

      Pub. L. 116–283, § 1831(e)(1)(B), (2), substituted “section 3702 of this title” for “subsection (a)”

    4. Substituted · 10 U.S.C. § 3704(a)

      Pub. L. 116–283, § 1831(e)(1)(B), (2), substituted “under this section” for “under this subsection”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 116–283, § 1831(e)(1)(B), (2), redesignated par. (1) of section 2306a(c) of this title as subsec. (a) of this section, realigned margin, and substituted “subsection (b)” for “paragraph (2)”, “section 3702 of this title” for “subsection (a)”, and “under this section” for “under this subsection”.

    Enacted provision · exact public law section
    (B) by redesignating paragraphs (1), (2), and (3) as subsections (a), (b), and (c), respectively, and realigning those subsections flush to the left margin.

  4. William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 1831(e)(1)(B) · 134 Stat. 3388

    1. Redesignated · 10 U.S.C. § 3704(b)

      Pub. L. 116–283, § 1831(e)(1)(B), (3), redesignated par. (2) of section 2306a(c) of this title as subsec. (b) of this section, realigned margin

    2. Substituted · 10 U.S.C. § 3704(b)

      Pub. L. 116–283, § 1831(e)(1)(B), (3), substituted “under this subsection” for “under this paragraph”

    3. Substituted · 10 U.S.C. § 3704(b)

      Pub. L. 116–283, § 1831(e)(1)(B), (3), substituted “paragraph (1) or (2) of section 3703(a) of this title” for “subparagraph (A) or (B) of subsection (b)(1)”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 116–283, § 1831(e)(1)(B), (3), redesignated par. (2) of section 2306a(c) of this title as subsec. (b) of this section, realigned margin, and substituted “under this subsection” for “under this paragraph” and “paragraph (1) or (2) of section 3703(a) of this title” for “subparagraph (A) or (B) of subsection (b)(1)”.

    Enacted provision · exact public law section
    (B) by redesignating paragraphs (1), (2), and (3) as subsections (a), (b), and (c), respectively, and realigning those subsections flush to the left margin.

  5. William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 1831(e)(1)(B) · 134 Stat. 3388

    1. Redesignated · 10 U.S.C. § 3704(c)

      Pub. L. 116–283, § 1831(e)(1)(B), (4), redesignated par. (3) of section 2306a(c) of this title as subsec. (c) of this section, realigned margin

    2. Substituted · 10 U.S.C. § 3704(c)

      Pub. L. 116–283, § 1831(e)(1)(B), (4), substituted “under this subsection” for “under this paragraph”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 116–283, § 1831(e)(1)(B), (4), redesignated par. (3) of section 2306a(c) of this title as subsec. (c) of this section, realigned margin, and substituted “under this subsection” for “under this paragraph”.

    Enacted provision · exact public law section
    (B) by redesignating paragraphs (1), (2), and (3) as subsections (a), (b), and (c), respectively, and realigning those subsections flush to the left margin.

11 of 11 references resolved to an enrolled provision

Editorial Notes

Codification

The text of subsec. (c) of section 2306a of this title, which was transferred to this section and amended by Pub. L. 116–283, § 1831(e), 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. 101–510, div. A, title VIII, § 803(d), , 104 Stat. 1590; Pub. L. 103–355, title I, § 1203, , 108 Stat. 3274; Pub. L. 104–106, div. D, title XLII, § 4201(a)(1), , 110 Stat. 650. 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(e)(1)(A), transferred subsec. (c) of section 2306a of this title to this section and struck out subsec. (c) designation and heading “Cost or Pricing Data on Below-Threshold Contracts” at beginning.

Subsec. (a). Pub. L. 116–283, § 1831(e)(1)(B), (2), redesignated par. (1) of section 2306a(c) of this title as subsec. (a) of this section, realigned margin, and substituted “subsection (b)” for “paragraph (2)”, “section 3702 of this title” for “subsection (a)”, and “under this section” for “under this subsection”.

Subsec. (b). Pub. L. 116–283, § 1831(e)(1)(B), (3), redesignated par. (2) of section 2306a(c) of this title as subsec. (b) of this section, realigned margin, and substituted “under this subsection” for “under this paragraph” and “paragraph (1) or (2) of section 3703(a) of this title” for “subparagraph (A) or (B) of subsection (b)(1)”.

Subsec. (c). Pub. L. 116–283, § 1831(e)(1)(B), (4), redesignated par. (3) of section 2306a(c) of this title as subsec. (c) of this section, realigned margin, and substituted “under this subsection” for “under this paragraph”.

Statutory Notes and Related Subsidiaries

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

(Added and amended Pub. L. 116–283, div. A, title XVIII, § 1831(a), (e), , 134 Stat. 4209, 4213.)

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