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10 U.S.C. § 3862 — Requests for equitable adjustment or other relief
Federal law — U.S. Code and appendices · legal_authorities
**(a) Certification Requirement.—** A request for equitable adjustment to contract terms or request for relief under Public Law 85–804 ([50 U.S.C. 1431](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1431&num=0&edition=prelim) 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.—** In the case of a contract of an agency named in [section 3063 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3063&num=0&edition=prelim), no provision of a law enacted after September 30, 1994, 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 Public Law 85–804 ([50 U.S.C. 1431](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1431&num=0&edition=prelim) 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 Cha
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Source location: Title 10, Chapter 281, § 3862; chapter-281-claims-and-disputes.md
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**(a) Certification Requirement.—** A request for equitable adjustment to contract terms or request for relief under Public Law 85–804 ([50 U.S.C. 1431](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1431&num=0&edition=prelim) 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.—** In the case of a contract of an agency named in [section 3063 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3063&num=0&edition=prelim), no provision of a law enacted after September 30, 1994, 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 Public Law 85–804 ([50 U.S.C. 1431](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1431&num=0&edition=prelim) 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) The term “simplified acquisition threshold” has the meaning given that term in [section 134 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section134&num=0&edition=prelim).
(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.
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Federal law — U.S. Code and appendices · legal_authorities
For purposes of any provision of law referring to this section, the agencies named in this section are the following:
(1) The Department of Defense.
(2) The Department of the Army.
(3) The Department of the Navy.
(4) The Department of the Air Force.
(5) The Coast Guard.
(6) The National Aeronautics and Space Administration.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3063
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Federal law — U.S. Code and appendices · legal_authorities
In division B, the term “simplified acquisition threshold” means $250,000.
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 134
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary of the Navy and, by direction of the Secretary, the Chief of Naval Research and the chiefs of bureaus may, without advertising, make contracts or amendments or modifications of contracts for services and materials necessary to conduct research and to make or secure reports, tests, models, or apparatus. A contractor supplying such services or materials need not be required to furnish a bond.
**(b)** This section does not authorize the use of the cost-plus-a-percentage-of-cost system of contracting.
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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)** The President may authorize any department or agency of the Government which exercises functions in connection with the national defense, acting in accordance with regulations prescribed by the President for the protection of the Government, to enter into contracts or into amendments or modifications of contracts heretofore or hereafter made and to make advance payments thereon, without regard to other provisions of law relating to the making, performance, amendment, or modification of contracts, whenever he deems that such action would facilitate the national defense. The authority conferred by this section shall not be utilized to obligate the United States in an amount in excess of $500,000 without approval by an official at or above the level of an Assistant Secretary or his Deputy, or an assistant head or his deputy, of such department or agency, or by a Contract Adjustment Board established therein. The authority conferred by this section may not be utilized to obligate the United States in an amount in excess of $150,000,000 unless the Committees on Armed Services of the Senate and the House of Representatives and in addition, the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate with respect to contracts, or modifications or amendments to contracts, or advance payments proposed to be made under this section by the Secretary of the Department in which the Coast Guard is operating with respect to the acquisition of Coast Guard cutters or aircraft, have been notified in writing of such proposed obligation and 60 days of continuous session of Congress have expired following the date on which such notice was transmitted to such Committees. For purposes of thi
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 1431
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Prior Provisions
A prior section 2410, added Pub. L. 100–370, § 1(h)(2), July 19, 1988, 102 Stat. 847, provided that contract claims, requests for equitable adjustments, requests for relief under section 1431 et seq. of Title 50, War and National Defense, and other similar requests by contractors exceeding $100,000 were not to be paid unless senior official of contractor certified that claim or request was made in good faith and that data submitted was accurate and complete to the best of such official’s knowledge and belief, prior to repeal by Pub. L. 102–484, div. A, title VIII, § 813(b), Oct. 23, 1992, 106 Stat. 2453, effective upon promulgation of regulations pursuant to former [section 2410e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2410e&num=0&edition=prelim) [Interim rules, effective Apr. 30, 1993, were promulgated and published in the Federal Register, 58 F.R. 28458, May 13, 1993, and final rules, effective May 27, 1994, were promulgated and published in the Federal Register, 59 F.R. 27662, May 27, 1994].
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Federal law — U.S. Code and appendices · legal_authorities
Page 2579
TITLE 10—ARMED FORCES
§ 3862
cerned, or an officer or official of his department
designated by him, certifies that the amount is
just and reasonable.
(d) Upon approval by the Secretary concerned,
payments under subsection (a) may be made
from—
(1) funds obligated for the performance of
the contract concerned;
(2) funds available for research or develop-
ment, or both, and not otherwise obligated; or
(3) funds appropriated for those payments.
(Aug. 10, 1956, ch. 1041, 70A Stat. 134, § 2354; re-
numbered § 3861 and amended Pub. L. 116–283,
div. A, title XVIII, § 1836(b), (c), Jan. 1, 2021, 134
Stat. 4241.)
Editorial Notes
AMENDMENTS
2021—Pub. L. 116–283 renumbered section 2354 of this
title as this section and substituted ‘‘Research and de-
velopment contracts: indemnification provisions’’ for
‘‘Contracts: indemnification provisions’’ in section
catchline.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2021 AMENDMENT
Amendment by Pub. L. 116–283 effective Jan. 1, 2022,
with additional provisions for delayed implementation
and applicability of existing law, see section 1801(d) of
Pub. L. 116–283, set out as a note preceding section 3001
of this title.
§ 3862. Requests for equitable adjustment or
other relief
(a) CERTIFICATION
REQUIREMENT.—A request
for equitable adjustment to contract terms or
request for relief under Public Law 85–804 (50
U.S.C. 1431 et seq.) that exceeds the simplified
acquisition threshold may not be paid unless a
person authorized to certify the request on be-
half 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 knowl-
edge and belief.
(b) RESTRICTION ON
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 3862
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Federal law — U.S. Code and appendices · legal_authorities
Page 105
TITLE 50—WAR AND NATIONAL DEFENSE
§ 1431
Section 1414, act June 25, 1956, ch. 439, § 4, 70 Stat. 333,
related to restriction on counting Academy service to-
wards length of service as an officer.
CHAPTER 29—NATIONAL DEFENSE
CONTRACTS
Sec.
1431.
Authorization; official approval; Congres-
sional action: notification of committees of
certain proposed obligations, resolution of
disapproval, continuity of session, com-
putation of period.
1432.
Restrictions.
1433.
Public record; examination of records by
Comptroller General; exemptions: excep-
tional conditions; reports to Congress.
1434.
Repealed.
1435.
Effective period.
1436.
Repealed.
§ 1431. Authorization; official approval; Congres-
sional action: notification of committees of
certain proposed obligations, resolution of
disapproval, continuity of session, computa-
tion of period
(a) The President may authorize any depart-
ment or agency of the Government which exer-
cises functions in connection with the national
defense, acting in accordance with regulations
prescribed by the President for the protection of
the Government, to enter into contracts or into
amendments or modifications of contracts here-
tofore or hereafter made and to make advance
payments thereon, without regard to other pro-
visions of law relating to the making, perform-
ance, amendment, or modification of contracts,
whenever he deems that such action would fa-
cilitate the national defense. The authority con-
ferred by this section shall not be utilized to ob-
ligate the United States in an amount in excess
of $500,000 without approval by an official at or
above the level of an Assistant Secretary or his
Deputy, or an assistant head or his deputy, of
such department or agency, or by a Contract Ad-
justment Boar
Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 1431
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