Arkansas Legal Resource Navigator

10 U.S.C. § 3704 — Cost or pricing data on below-threshold contracts

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 3704 — Cost or pricing data on below-threshold contracts

**(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.

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3704

Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.

Original supplied file — preserved unchanged

Download original Markdown file

File SHA-256: 356d5dad8b373d2f7f4a2847ec0c4e58423b8b96c625bf1074c8ffe18fd041ee. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.

Authority boundary: historical or unconfirmed source not current law verified.

Open the recorded source website ↗

Record provenance

Stable record: federal_law:legal_authorities:record_usc_4bb75d5af7941c10f2808004
Source file: Laws/federal/codes/united-states-code/title-10/section-3704-cost-or-pricing-data-on-below-threshold-contracts--ca0b3fb160.md
Pages: Not recorded – Not recorded
Passage SHA-256: 2233c2141f9a519aa5fbff0a7dfe46cd410c1b118279c1b0d04248696c6c9d6d

Source location: Title 10, Chapter 271, § 3704; chapter-271-truthful-cost-or-pricing-data-truth-in-negotiations.md

Stored source content

**(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.

Cross-references

Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 3702 — Required cost or pricing data and certification

**(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

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 3001 — Defense acquisition system; element of the defense acquisition system

**(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

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 3704 — Cost or pricing data on below-threshold

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

Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.