US Code

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

10 U.S.C. § 3862

Requests for equitable adjustment or other relief

(a)

Certification Requirement .—

Public Law 85–80450 U.S.C. 1431A request for equitable adjustment to contract terms or request for relief under ( et seq.) that exceeds the simplified acquisition threshold may not be paid unless a person authorized to certify the request on behalf of the contractor certifies, at the time the request is submitted, that—
(1)
the request is made in good faith, and
(2)
the supporting data are accurate and complete to the best of that person’s knowledge and belief.
(b)

Restriction on Legislative Payment of Claims .—

section 3063 of this titlePublic Law 85–80450 U.S.C. 1431In the case of a contract of an agency named in , no provision of a law enacted after , that directs the payment of a particular claim under such contract, a particular request for equitable adjustment to any term of such contract, or a particular request for relief under ( et seq.) regarding such contract may be implemented unless such provision of law—
(1)
specifically refers to this subsection; and
(2)
specifically states that this subsection does not apply with respect to the payment directed by that provision of law.
(c)

Treatment of Certain Clauses Implementing Executive Orders .—

The unilateral insertion of a covered clause into an existing Department of Defense contract, order, or other transaction by a contracting officer shall be treated as a change directed by the contracting officer pursuant to, and subject to, the Changes clause of the underlying contract, order, or other transaction.
(d)

Definitions .—

In this section:
(1)
section 134 of title 41 The term “simplified acquisition threshold” has the meaning given that term in .
(2)
The term “Changes clause” means the clause described in part 52.243–4 of the Federal Acquisition Regulation or any successor regulation.
(3)
The term “covered clause” means any clause implementing the requirements of an Executive order issued by the President.

Pub. L. 103–355, title II, § 2301(a)108 Stat. 3320Pub. L. 111–350, § 5(b)(27)124 Stat. 3845Pub. L. 116–283, div. A, title XVIII134 Stat. 4241Pub. L. 117–81, div. A, title XVII, § 1701(d)(6)135 Stat. 2136Pub. L. 117–263, div. A, title VIII, § 805(a)136 Stat. 2701(Added , , , § 2410; amended , , ; renumbered § 3862 and amended , §§ 1836(b), 1883(b)(2), , , 4294; , , ; , , .)

Editorial Notes

References in Text

Public Law 85–804Pub. L. 85–80472 Stat. 972, referred to in subsecs. (a) and (b), is , , , which is classified generally to chapter 29 (§ 1431 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Tables.

Amendments

Pub. L. 117–263, § 805(a)(1)2022—, struck out “: certification” after “relief” in section catchline.

Pub. L. 117–263, § 805(a)(3)Subsec. (c). , added subsec. (c). Former subsec. (c) redesignated (d).

Pub. L. 117–263, § 805(a)(2)Subsec. (d). , (4), redesignated subsec. (c) as (d), substituted “Definitions” for “Definition” in heading, substituted “In this section:” for “In this section,”, designated remainder of existing provisions as par. (1), substituted “The term” for “the term”, and added pars. (2) and (3).

Pub. L. 116–283, § 1836(b)section 2410 of this title2021—, renumbered as this section.

Pub. L. 117–81Subsec. (b). substituted “section 3063” for “section 2303(a)” in introductory provisions.

Pub. L. 116–283, § 1883(b)(2)Pub. L. 116–283, which directed that each reference in the text of title 10 to a section that was redesignated by title XVIII of , as such section was in effect before the redesignation, be amended by striking such reference and inserting a reference to the appropriate redesignated section, was not executed with respect to “section 2303(a)”, which was redesignated as multiple sections.

Pub. L. 111–350section 134 of title 412011—Subsec. (c). substituted “” for “section 4(11) of the Office of Federal Procurement Policy Act”.

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Pub. L. 117–81Pub. L. 116–283section 1701(a)(3) of Pub. L. 117–81section 3001 of this titleAmendment by to take effect immediately after the amendments made by title XVIII of have taken effect, see , set out in a note preceding and note below.

Pub. L. 116–283section 1801(d) of Pub. L. 116–283section 3001 of this titleAmendment by effective , with additional provisions for delayed implementation and applicability of existing law, see , set out as a note preceding .

Effective Date

section 10001 of Pub. L. 103–355section 8752 of this titleFor effective date and applicability of section, see , set out as an Effective Date of 1994 Amendment note under .

Conforming Regulations

Pub. L. 117–263, div. A, title VIII, § 805(c)136 Stat. 2702

section 3862 of title 10“Not later than 120 days after the date of the enactment of this Act [], the Secretary of Defense shall revise the Department of Defense Supplement to the Federal Acquisition Regulation to implement the requirements of , United States Code, as amended by subsection (a).”
, , , provided that:

Conforming Policy Guidance

Pub. L. 117–263, div. A, title VIII, § 805(d)136 Stat. 2702

section 3862 of title 10“Not later than 120 days after the date of the enactment of this Act [], the Secretary of Defense shall revise applicable policy guidance on other transactions to implement the requirements of , United States Code, as amended by subsection (a).”
, , , provided that: