US Code

Public Law 119-88 (05/04/2026)

10 U.S.C. § 3701

Definitions

In this chapter:
(1)

Cost or pricing data .—

section 3706(a)(2) of this titleThe 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 , 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.
(2)

Subcontract .—

The term “subcontract” includes a transfer of commercial products or commercial services between divisions, subsidiaries, or affiliates of a contractor or a subcontractor.

Pub. L. 116–283, div. A, title XVIII, § 1831(a)134 Stat. 4209 Pub. L. 117–81, div. A, title XVII, § 1701(b)(10)(A)135 Stat. 2133 (Added and amended , (b), , ; , , .)

Editorial Notes

Codification

section 2306a of this titlePub. L. 116–283, § 1831(b)Pub. L. 99–500, § 101(c) [title X, § 952(a)]100 Stat. 1783–82 Pub. L. 99–591, § 101(c) [title X, § 952(a)]100 Stat. 3341–82 Pub. L. 99–661, div. A, title IX100 Stat. 3945 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 I108 Stat. 3275 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. 99–500Pub. L. 99–591Pub. L. 99–661Pub. L. 99–591Pub. L. 99–500The text of subsec. (h) of , which was transferred to this section and amended by , was based on , , , 1783–166, and , , , 3341–166; , formerly title IV, § 952(a), , , renumbered title IX, , , ; , , ; , §§ 1204(1), 1208, , , 3277; , , ; , , ; , , . , , and added identical sections. is a corrected version of .

Amendments

Pub. L. 116–283, § 1831(b)Pub. L. 117–81, § 1701(b)(10)(A)section 2306a of this titlesection 3706(a)(2) of this title2021—, as amended by , transferred subsec. (h) of to this section, struck out subsec. (h) designation and heading “Definitions” at beginning, and substituted “this chapter” for “this section” in introductory provisions and “” for “subsection (e)(1)(B)” in par. (1).

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Pub. L. 117–81Pub. L. 116–283section 1701(a)(2) of Pub. L. 117–81section 3001 of this titleAmendment by applicable as if included in the enactment of title XVIII of as enacted, see , set out in a note preceding and Effective Date note below.

Effective Date

Pub. L. 116–283section 1801(d) of Pub. L. 116–283section 3001 of this titleSection and amendment by effective , with additional provisions for delayed implementation and applicability of existing law, see , set out as an Effective Date of 2021 Amendment note preceding .