1. (a) When Required.— The head of an agency shall require offerors, contractors, and subcontractors to make cost or pricing data available as follows:

   1. (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—

      1. (A) in the case of a prime contract entered into after June 30, 2018, the price of the contract to the United States is expected to exceed $2,000,000; and
      2. (B) in the case of a prime contract entered into on or before June 30, 2018, the price of the contract to the United States is expected to exceed $750,000.
   2. (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 $2,000,000.
   3. (3) Offeror for subcontract.— 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 section and the price of the subcontract is expected to exceed $2,000,000.
   4. (4) Subcontractor.— The subcontractor for a subcontract covered by paragraph (3) shall be required to submit cost or pricing data before the pricing of a change or modification to the subcontract if the price adjustment is expected to exceed $2,000,000.
2. (b) Certfication ¹.— A person required, as an offeror, contractor, or subcontractor, to submit cost or pricing data under subsection (a) (or required by the head of the agency concerned to submit such data under section 3704 of this title) shall be required to certify that, to the best of the person’s knowledge and belief, the cost or pricing data submitted are accurate, complete, and current.

3. (c) To Whom Submitted.— Cost or pricing data required to be submitted under subsection (a) (or under section 3704 of this title), and a certification required to be submitted under subsection (b), shall be submitted—

   1. (1) in the case of a submission by a prime contractor (or an offeror for a prime contract), to the contracting officer for the contract (or to a designated representative of the contracting officer); or
   2. (2) in the case of a submission by a subcontractor (or an offeror for a subcontract), to the prime contractor.
4. (d) Applicability of Chapter.— Except as provided under section 3703 of this title, this section applies to contracts entered into by the head of an agency on behalf of a foreign government.
5. (e) Subcontracts Not Affected by Waiver.— A waiver of requirements for submission of certified cost or pricing data that is granted under section 3703(a)(3) of this title in the case of a contract or subcontract does not waive the requirement under subsection (a)(3) for submission of cost or pricing data in the case of subcontracts under that contract or subcontract unless the head of the procuring activity granting the waiver determines that the requirement under that subsection should be waived in the case of such subcontracts and justifies in writing the reasons for the determination.
6. (f) Modifications to Prior Contracts.— Upon the request of a contractor that was required to submit cost or pricing data under subsection (a) in connection with a prime contract entered into on or before June 30, 2018, the head of the agency that entered into such contract shall modify the contract to reflect paragraphs (2)(B) and (3)(B) of subsection (a). All such modifications shall be made without requiring consideration.
7. (g) Adjustment of Amounts.— Effective on October 1 of each year that is divisible by 5, each amount set forth in subsection (a) shall be adjusted in accordance with section 1908 of title 41.

(Added and amended Pub. L. 116–283, div. A, title XVIII, § 1831(a), (c), Jan. 1, 2021, 134 Stat. 4209.)

Codification

The text of subsec. (a) of section 2306a of this title, which was transferred to this section and amended by Pub. L. 116–283, § 1831(c), 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. 100–180, div. A, title VIII, § 804(b)(1), Dec. 4, 1987, 101 Stat. 1125; Pub. L. 101–510, div. A, title VIII, § 803(a)(1), Nov. 5, 1990, 104 Stat. 1589; Pub. L. 102–25, title VII, § 701(b), Apr. 6, 1991, 105 Stat. 113; Pub. L. 102–190, div. A, title VIII, § 804(a)–(c)(1), Dec. 5, 1991, 105 Stat. 1415, 1416; Pub. L. 103–355, title I, §§ 1201, 1202(b), Oct. 13, 1994, 108 Stat. 3273, 3274; Pub. L. 105–85, div. A, title X, § 1073(a)(46), Nov. 18, 1997, 111 Stat. 1902; Pub. L. 105–261, div. A, title VIII, § 805(a), Oct. 17, 1998, 112 Stat. 2083; Pub. L. 114–328, div. A, title VIII, § 822(1), Dec. 23, 2016, 130 Stat. 2276; Pub. L. 115–91, div. A, title VIII, § 811(a)(1), Dec. 12, 2017, 131 Stat. 1459; Pub. L. 116–283, div. A, § 814(a)(1), Jan. 1, 2021, 134 Stat. 3479. Pub. L. 99–500, Pub. L. 99–591, and Pub. L. 99–661 added identical sections. Pub. L. 99–591 is a corrected version of Pub. L. 99–500.

Amendments

2021—Pub. L. 116–283, § 1831(c)(1), (2)(A), transferred subsec. (a) of section 2306a of this title to this section and redesignated pars. (1) to (7) of such former subsec. (a) as subsecs. (a) to (g), respectively.

Subsec. (a). Pub. L. 116–283, § 1831(c)(2)(A), (B), (3), after redesignation of section 2306a(a)(1) of this title as subsec. (a) of this section, substituted “When Required” for “Required Cost or Pricing Data and Certification” in heading, redesignated subpars. (A) to (D) as pars. (1) to (4), respectively, and substituted “a prime contract under a chapter 137 legacy provision” for “a prime contract under this chapter” in introductory provisions of pars. (1) and (2).

Subsec. (a)(1). Pub. L. 116–283, § 1831(c)(2)(C), inserted heading and redesignated cls. (i) and (ii) as subpars. (A) and (B), respectively.

Subsec. (a)(2). Pub. L. 116–283, § 1831(c)(2)(D)(ii)–(v), after redesignation of section 2306a(a)(1)(B) of this title as subsec. (a)(2) of this section, directed amendment of par. (2) by redesignating cls. (i) to (iii) as subpars. (A) to (C), respectively, and then by substituting “paragraph (1)(A)” for “subparagraph (A)(i)” in subpar. (A), “subsection (f)” for “paragraph (6)” in subpar. (B), and “subparagraph (A) or (B)” for “clause (i) or (ii)” in subpar. (C), effective Jan. 1, 2022. Amendment could not be executed after the intervening amendment made to section 2306a(a)(1)(B) of this title by section 814(a)(1)(A) of Pub. L. 116–283, which struck out cls. (i) to (iii) and was effective Jan. 1, 2021.

Pub. L. 116–283, § 1831(c)(2)(D)(i), inserted heading.

Subsec. (a)(3). Pub. L. 116–283, § 1831(c)(2)(E)(ii)–(v), after redesignation of section 2306a(a)(1)(C) of this title as subsec. (a)(3) of this section, directed amendment of par. (3) by redesignating cls. (i) to (iii) as subpars. (A) to (C), respectively, and then by substituting “paragraph (1)(A)” for “subparagraph (A)(i)” in subpar. (A), “subsection (f)” for “paragraph (6)” in subpar. (B), and “subparagraph (A) or (B)” for “clause (i) or (ii)” in subpar. (C), effective Jan. 1, 2022. Amendment could not be executed after the intervening amendment made to section 2306a(a)(1)(C) of this title by section 814(a)(1)(B) of Pub. L. 116–283, which struck out cls. (i) to (iii) and was effective Jan. 1, 2021.

Pub. L. 116–283, § 1831(c)(2)(E)(i), inserted heading.

Subsec. (a)(4). Pub. L. 116–283, § 1831(c)(2)(F)(ii), (iv), (v), after redesignation of section 2306a(a)(1)(D) of this title as subsec. (a)(4) of this section, directed amendment of par. (4) by redesignating cls. (i) and (ii) as subpars. (A) and (B), respectively, and then by substituting “paragraph (3)(A)” for “subparagraph (C)(i)” in subpar. (A) and “paragraph (3)(C)” for “subparagraph (C)(iii)” in subpar. (B), effective Jan. 1, 2022. Amendment could not be executed after the intervening amendment made to section 2306a(a)(1)(D) of this title by section 814(a)(1)(C) of Pub. L. 116–283, which struck out cls. (i) and (ii) and was effective Jan. 1, 2021.

Pub. L. 116–283, § 1831(c)(2)(F)(iii), which directed substitution of “paragraph (3)” for “subparagraph (C)” in introductory provisions of par. (4), effective Jan. 1, 2022, was executed by making the substitution in text of par. (4) to reflect the probable intent of Congress and the intervening amendment made by section 814(a)(1)(C) of Pub. L. 116–283 to section 2306a(a)(1)(D) of this title prior to its redesignation as subsec. (a)(4) of this section, which was effective Jan. 1, 2021, and struck out cls. (i) and (ii), thereby eliminating the presence of introductory provisions.

Pub. L. 116–283, § 1831(c)(2)(F)(i), inserted heading.

Subsec. (b). Pub. L. 116–283, § 1831(c)(4), after redesignation of section 2306a(a)(2) of this title as subsec. (b) of this section, inserted heading and substituted “subsection (a)” for “paragraph (1)” and “section 3704 of this title” for “subsection (c)”.

Subsec. (c). Pub. L. 116–283, § 1831(c)(5), after redesignation of section 2306a(a)(3) of this title as subsec. (c) of this section, inserted heading, redesignated subpars. (A) and (B) as pars. (1) and (2), respectively, and, in introductory provisions, substituted “subsection (a) (or under section 3704 of this title)” for “paragraph (1) (or under subsection (c))” and “subsection (b)” for “paragraph (2)”.

Subsec. (d). Pub. L. 116–283, § 1831(c)(6), after redesignation of section 2306a(a)(4) of this title as subsec. (d) of this section, inserted heading and substituted “section 3703 of this title” for “subsection (b)”.

Subsec. (e). Pub. L. 116–283, § 1831(c)(7), after redesignation of section 2306a(a)(5) of this title as subsec. (e) of this section, inserted heading and substituted “section 3703(a)(3) of this title” for “subsection (b)(1)(C)”, “subsection (a)(3)” for “paragraph (1)(C)”, and “that subsection” for “that paragraph”.

Subsec. (f). Pub. L. 116–283, § 1831(c)(8), after redesignation of section 2306a(a)(6) of this title as subsec. (f) of this section, inserted heading, substituted “under subsection (a)” for “under paragraph (1)” and “paragraphs (2)(B) and (3)(B) of subsection (a)” for “subparagraphs (B)(ii) and (C)(ii) of paragraph (1)” and directed substitution of “that subsection” for “that paragraph”, which could not be executed because the words “that paragraph” did not appear.

Subsec. (g). Pub. L. 116–283, § 1831(c)(9), after redesignation of section 2306a(a)(7) of this title as subsec. (g) of this section, inserted heading and substituted “subsection (a)” for “paragraph (1)”.

Effective Date

Section and 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 an Effective Date of 2021 Amendment note preceding section 3001 of this title.

¹ So in original. Probably should be “Certification”.