US Code

Public Law 119-73 (01/23/2026)

10 U.S.C. § 3704

Cost or pricing data on below-threshold contracts

(a)

Authority to require submission .—

section 3702 of this titleSubject to subsection (b), when certified cost or pricing data are not required to be submitted by 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 .—

section 3703(a) of this titleThe 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 .
(c)

Delegation of authority prohibited .—

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

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

Editorial Notes

Codification

section 2306a of this titlePub. L. 116–283, § 1831(e)Pub. L. 99–500, § 101(c) [title X, § 952(a)]100 Stat. 1783–82Pub. L. 99–591, § 101(c) [title X, § 952(a)]100 Stat. 3341–82Pub. L. 99–661, div. A, title IX100 Stat. 3945Pub. L. 100–26, § 3(5)101 Stat. 273Pub. L. 101–510, div. A, title VIII, § 803(d)104 Stat. 1590Pub. L. 103–355, title I, § 1203108 Stat. 3274Pub. L. 104–106, div. D, title XLII, § 4201(a)(1)110 Stat. 650Pub. L. 99–500Pub. L. 99–591Pub. L. 99–661Pub. L. 99–591Pub. L. 99–500The text of subsec. (c) 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, , , ; , , ; , , ; , , . , , and added identical sections. is a corrected version of .

Amendments

Pub. L. 116–283, § 1831(e)(1)(A)section 2306a of this title2021—, transferred subsec. (c) of to this section and struck out subsec. (c) designation and heading “Cost or Pricing Data on Below-Threshold Contracts” at beginning.

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

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

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

Statutory Notes and Related Subsidiaries

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 .