§3862 — Title 10 Armed Forces | U.S. Code

Summary

If a contractor asks for extra money or other relief and the amount is higher than the simplified acquisition threshold, it cannot be paid unless an authorized company representative, when the request is submitted, signs a statement saying the request is honest and that the facts and documents are true and complete to the best of that person’s knowledge. For contracts of the agencies named in section 3063, any law passed after September 30, 1994 that orders payment for a specific claim, a specific contract adjustment, or a specific request under Public Law 85–804 cannot be carried out unless that new law both mentions this rule and says the rule does not apply to that payment. If a Department of Defense contracting officer puts a covered clause into an existing contract without agreement, that act is treated as a change under the contract’s Changes clause. Definitions: “simplified acquisition threshold” — the dollar limit set in section 134 of title 41; “Changes clause” — the clause in FAR part 52.243–4 or its successor; “covered clause” — a clause that implements a Presidential Executive order.

Title 10, §3862

Armed Forces — Source: USLM XML via OLRC

(a)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 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)In the case of a contract of an agency named in section 3063 of this title, 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 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)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)In this section:

(1)The term “simplified acquisition threshold” has the meaning given that term in section 134 of title 41.

(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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Public Law 85–804, referred to in subsecs. (a) and (b), is Pub. L. 85–804, Aug. 28, 1958, 72 Stat. 972, which is classified generally to chapter 29 (§ 1431 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Tables.

Amendments

2022—Pub. L. 117–263, § 805(a)(1), struck out “: certification” after “relief” in section catchline. Subsec. (c). Pub. L. 117–263, § 805(a)(3), added subsec. (c). Former subsec. (c) redesignated (d). Subsec. (d). Pub. L. 117–263, § 805(a)(2), (4), redesignated subsec. (c) as (d), substituted “Definitions” for “Definition” in heading, substituted “In this section:” for “In this section,”, designated remainder of existing provisions as par. (1), substituted “The term” for “the term”, and added pars. (2) and (3). 2021—Pub. L. 116–283, § 1836(b), renumbered section 2410 of this title as this section. Subsec. (b). Pub. L. 117–81 substituted “section 3063” for “section 2303(a)” in introductory provisions. Pub. L. 116–283, § 1883(b)(2), which directed that each reference in the text of title 10 to a section that was redesignated by title XVIII of Pub. L. 116–283, as such section was in effect before the redesignation, be amended by striking such reference and inserting a reference to the appropriate redesignated section, was not executed with respect to “section 2303(a)”, which was redesignated as multiple sections. 2011—Subsec. (c). Pub. L. 111–350 substituted “section 134 of title 41” for “section 4(11) of the Office of Federal Procurement Policy Act”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2021 AmendmentAmendment by Pub. L. 117–81 to take effect immediately after the

Amendments

made by title XVIII of Pub. L. 116–283 have taken effect, see section 1701(a)(3) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below. 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.

Effective Date

For

Effective Date

and applicability of section, see section 10001 of Pub. L. 103–355, set out as an

Effective Date

of 1994 Amendment note under section 8752 of this title. Conforming

Regulations

Pub. L. 117–263, div. A, title VIII, § 805(c), Dec. 23, 2022, 136 Stat. 2702, provided that: “Not later than 120 days after the date of the enactment of this Act [Dec. 23, 2022], the Secretary of Defense shall revise the Department of Defense Supplement to the Federal Acquisition Regulation to implement the requirements of section 3862 of title 10, United States Code, as amended by subsection (a).” Conforming Policy Guidance Pub. L. 117–263, div. A, title VIII, § 805(d), Dec. 23, 2022, 136 Stat. 2702, provided that: “Not later than 120 days after the date of the enactment of this Act [Dec. 23, 2022], the Secretary of Defense shall revise applicable policy guidance on other transactions to implement the requirements of section 3862 of title 10, United States Code, as amended by subsection (a).”

§3862 Requests for equitable adjustment or other relief

Summary

Title 10, §3862

Notes & Related Subsidiaries

Editorial Notes

References in Text

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Amendments

Effective Date

Effective Date

Effective Date

Regulations

Citations & Metadata