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10 U.S.C. § 3701 — Definitions
Federal law — U.S. Code and appendices · legal_authorities
In this chapter:
(1) **Cost or pricing data.—** — The term “cost or pricing data” means all facts that, as of the date of agreement on the price of a contract (or the price of a contract modification), or, if applicable consistent with [section 3706(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3706/a/2&num=0&edition=prelim), another date agreed upon between the parties, a prudent buyer or seller would reasonably expect to affect price negotiations significantly. Such term does not include information that is judgmental, but does include the factual information from which a judgment was derived.
(2) **Subcontract.—** — The term “subcontract” includes a transfer of commercial products or commercial services between divisions, subsidiaries, or affiliates of a contractor or a subcontractor.
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Source file: Laws/federal/codes/united-states-code/title-10/section-3701-definitions--b3acc77d12.md
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Source location: Title 10, Chapter 271, § 3701; chapter-271-truthful-cost-or-pricing-data-truth-in-negotiations.md
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In this chapter:
(1) **Cost or pricing data.—** — The term “cost or pricing data” means all facts that, as of the date of agreement on the price of a contract (or the price of a contract modification), or, if applicable consistent with [section 3706(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3706/a/2&num=0&edition=prelim), another date agreed upon between the parties, a prudent buyer or seller would reasonably expect to affect price negotiations significantly. Such term does not include information that is judgmental, but does include the factual information from which a judgment was derived.
(2) **Subcontract.—** — The term “subcontract” includes a transfer of commercial products or commercial services between divisions, subsidiaries, or affiliates of a contractor or a subcontractor.
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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
**(a) In General.—** The Secretary of Defense shall establish a program to reform and accelerate the contracting and pricing processes associated with contracts in excess of $50,000,000 by—
(1) basing price reasonableness determinations on actual cost and pricing data for purchases of the same or similar products for the Department of Defense; and
(2) reducing the cost and pricing data to be submitted in accordance with this chapter.
**(b) Implementation Guidance.—** The Secretary, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall ensure that each senior contracting official (as defined in [section 1737 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1737&num=0&edition=prelim)) for a contract described in subsection (a) has the discretion to implement the program under this section efficiently and effectively by ensuring the following:
(1) That the program does not include any preferences for contract type or specific contract requirements.
(2) That each Secretary of a military department has no unique reporting requirements to the Under Secretary of Defense for Acquisition and Sustainment with respect to the program.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3709
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter:
(1) **Contracting officer.—** — The term “contracting officer” means an individual who, by appointment in accordance with applicable regulations, has the authority to enter into a Federal agency procurement contract on behalf of the Government and to make determinations and findings with respect to the contract.
(2) **Contractor bid or proposal information.—** — The term “contractor bid or proposal information” means any of the following information submitted to a Federal agency as part of, or in connection with, a bid or proposal to enter into a Federal agency procurement contract, if that information previously has not been made available to the public or disclosed publicly:
(A) Cost or pricing data (as defined in [section 3701 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3701&num=0&edition=prelim) with respect to procurements subject to that section and [section 3501(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3501/a&num=0&edition=prelim) with respect to procurements subject to that section).
(B) Indirect costs and direct labor rates.
(C) Proprietary information about manufacturing processes, operations, or techniques marked by the contractor in accordance with applicable law or regulation.
(D) Information marked by the contractor as “contractor bid or proposal information”, in accordance with applicable law or regulation.
(3) **Federal agency.—** — The term “Federal agency” has the meaning given that term in [section 102 of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section102&num=0&edition=prelim).
(4) **Federal agency procurement.—** — The term “Federal agency procurement” means the acquisition (by using
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 2101
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Federal law — U.S. Code and appendices · legal_authorities
Page 2526
TITLE 10—ARMED FORCES
§ 3701
‘‘(1) train the acquisition workforce on the use of
the authority provided by sections 2306a(d) [now 10
U.S.C. 3705] and 2379 [now 10 U.S.C. 3455] of title 10,
United States Code, in evaluating reasonableness of
price in procurements of commercial items; and
‘‘(2) develop a cadre of experts within the Depart-
ment of Defense to provide expert advice to the ac-
quisition workforce in the use of the authority pro-
vided by such sections in accordance with the guid-
ance issued pursuant to subsection (a).
‘‘(c) DOCUMENTATION REQUIREMENTS.—The Under Sec-
retary of Defense for Acquisition, Technology, and Lo-
gistics shall ensure that requests for uncertified cost
information for the purposes of evaluating reasonable-
ness of price are sufficiently documented. The Under
Secretary shall require that the contract file include,
at a minimum, the following:
‘‘(1) A justification of the need for additional cost
information.
‘‘(2) A copy of any request from the Department of
Defense to a contractor for additional cost informa-
tion.
‘‘(3) Any response received from the contractor to
the request, including any rationale or justification
provided by the contractor for a failure to provide the
requested information.
‘‘(d) COMPTROLLER GENERAL REVIEW AND REPORT.—
‘‘(1) REVIEW REQUIREMENT.—The Comptroller Gen-
eral of the United States shall conduct a review of
data collected pursuant to sections 2306a(d) [now 10
U.S.C. 3705] and 2379 [now 10 U.S.C. 3455] of title 10,
United States Code, during the two-year period begin-
ning on the date of the enactment of this Act.
‘‘(2) REPORT REQUIREMENT.—Not later than 180 days
after the end of the two-year period referred to in
paragraph (1), the Comptroller General shall submit
to th
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 3701
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