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10 U.S.C. § 3704 — Cost or pricing data on below-threshold contracts
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3702&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3703/a&num=0&edition=prelim).
**(c) Delegation of authority prohibited.—** The head of a procuring activity may not delegate functions under this subsection.
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Source location: Title 10, Chapter 271, § 3704; chapter-271-truthful-cost-or-pricing-data-truth-in-negotiations.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3702&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3703/a&num=0&edition=prelim).
**(c) Delegation of authority prohibited.—** The head of a procuring activity may not delegate functions under this subsection.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) When Required.—** The head of an agency shall require offerors, contractors, and subcontractors to make cost or pricing data available as follows:
(1) **Offeror for prime contract.—** — An offeror for a prime contract under a chapter 137 legacy provision to be entered into using procedures other than sealed-bid procedures that is only expected to receive one bid shall be required to submit cost or pricing data before the award of a contract if—
(A) in the case of a prime contract entered into after June 30, 2026, the price of the contract to the United States is expected to exceed $10,000,000; and
(B) in the case of a prime contract entered into on or before June 30, 2026, the price of the contract to the United States is expected to exceed $2,000,000.
(2) **Contractor.—** — The contractor for a prime contract under a chapter 137 legacy provision shall be required to submit cost or pricing data before the pricing of a change or modification to the contract if the price adjustment is expected to exceed $10,000,000.
(3) **Offeror for subcontract.—**
(A) An offeror for a subcontract (at any tier) of a contract under this chapter shall be required to submit cost or pricing data before the award of the subcontract if the prime contractor and each higher-tier subcontractor have been required to make available cost or pricing data under this chapter and—
(i) in the case of a prime contract entered into after June 30, 2026, the price of the subcontract is expected to exceed $10,000,000; or
(ii) in the case of a prime contract entered into on or before June 30, 2026, the price of the subcontract is expected to exceed $2,000,000..11 So in original.
(B)
(i) An offeror for a subcontract (at any tier) of a contract under this chapter that is requi
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3702
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means—
(1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense;
(2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and
(3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense.
**(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that—
(1) employs members of the acquisition workforce;
(2) carries out acquisition functions; and
(3) focuses primarily on acquisition.
**(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3001
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Federal law — U.S. Code and appendices · legal_authorities
Page 2531
TITLE 10—ARMED FORCES
§ 3704
Pub. L. 116–283, § 1831(d), was based on Pub. L. 99–500,
§ 101(c) [title X, § 952(a)], Oct. 18, 1986, 100 Stat. 1783–82,
1783–166, and Pub. L. 99–591, § 101(c) [title X, § 952(a)],
Oct. 30, 1986, 100 Stat. 3341–82, 3341–166; Pub. L. 99–661,
div. A, title IX, formerly title IV, § 952(a), Nov. 14, 1986,
100 Stat. 3945, renumbered title IX, Pub. L. 100–26, § 3(5),
Apr. 21, 1987, 101 Stat. 273; Pub. L. 103–355, title I,
§ 1202(a), Oct. 13, 1994, 108 Stat. 3274, as amended by Pub.
L. 104–106, div. D, title XLIII, § 4321(a)(2), Feb. 10, 1996,
110 Stat. 671; Pub. L. 104–106, div. D, title XLII,
§ 4201(a)(1), Feb. 10, 1996, 110 Stat. 649; Pub. L. 108–375,
div. A, title VIII, § 818(a), Oct. 28, 2004, 118 Stat. 2015;
Pub. L. 110–181, div. A, title VIII, § 814, Jan. 28, 2008, 122
Stat. 222; Pub. L. 113–291, div. A, title X, § 1071(a)(3),
Dec. 19, 2014, 128 Stat. 3504; Pub. L. 114–92, div. A, title
VIII, §§ 812, 851(b), 853, Nov. 25, 2015, 129 Stat. 891, 916,
919; Pub. L. 114–328, div. A, title VIII, § 822(2), Dec. 23,
2016, 130 Stat. 2276; Pub. L. 115–232, div. A, title VIII,
§ 836(c)(5)(A), Aug. 13, 2018, 132 Stat. 1865. Pub. L. 99–500,
Pub. L. 99–591, and Pub. L. 99–661 added identical sec-
tions. Pub. L. 99–591 is a corrected version of Pub. L.
99–500.
AMENDMENTS
2021—Pub. L. 116–283, § 1831(d)(1), transferred subsec.
(b) of section 2306a of this title to this section, struck
out subsec. (b) designation and heading ‘‘Exceptions’’
at beginning, and redesignated pars. (1) to (6) as sub-
secs. (a) to (f), respectively, and realigned margins.
Subsec. (a). Pub. L. 116–283, § 1831(d)(2)(A), (B), (C),
(E), after redesignation of section 2306a(b)(1) of this
title as subsec. (a) of this section, substituted ‘‘under
sect
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 3704
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