US Code

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

41 U.S.C. § 3505

Submission of other information

(a)

Authority To Require Submission .—

section 3503(a)(1) of this titleWhen certified cost or pricing data are not required to be submitted under this chapter for a contract, subcontract, or modification of a contract or subcontract, the contracting officer shall require submission of data other than certified cost or pricing data to the extent necessary to determine the reasonableness of the price of the contract, subcontract, or modification of the contract or subcontract. Except in the case of a contract or subcontract covered by the exceptions in , the contracting officer shall require that the data submitted include, at a minimum, appropriate information on the prices at which the same item or similar items have previously been sold that is adequate for evaluating the reasonableness of the price for the procurement.
(b)

Limitations on Authority .—

The Federal Acquisition Regulation shall include the following provisions regarding the types of information that contracting officers may require under subsection (a):
(1)

Reasonable limitations .—

Reasonable limitations on requests for sales data relating to commercial products or commercial services.
(2)

Limitation on scope of request .—

A requirement that a contracting officer limit, to the maximum extent practicable, the scope of any request for information relating to commercial products or commercial services from an offeror to only that information that is in the form regularly maintained by the offeror in commercial operations.
(3)

Information not to be disclosed .—

section 552(b) of title 5A statement that any information received relating to commercial products or commercial services that is exempt from disclosure under shall not be disclosed by the Federal Government.

Pub. L. 111–350, § 3124 Stat. 3767Pub. L. 115–232, div. A, title VIII, § 836(b)(13)132 Stat. 1863(, , ; , , .)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

3505

41:254b(d).

June 30, 1949, ch. 288, title III, § 304A(d), as added Pub. L. 103–355, title I, § 1251(a)(2), Oct. 13, 1994, 108 Stat. 3281; Pub. L. 104–106, title XLII, §§ 4201(b)(1), 4321(e)(4), Feb. 10, 1996, 110 Stat. 652, 675; Pub. L. 105–261, div. A, title VIII, § 808(b), Oct. 17, 1998, 112 Stat. 2085.

Editorial Notes

Amendments

Pub. L. 115–2322018—Subsec. (b). substituted “commercial products or commercial services” for “commercial items” wherever appearing.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Pub. L. 115–232section 836(h) of Pub. L. 115–232section 453b of Title 6Amendment by effective , subject to a savings provision, see , set out as an Effective Date of 2018 Amendment; Savings Provision note under , Domestic Security.