§3503 — Title 41 Public Contracts | U.S. Code

Summary

You do not have to give certified cost or pricing data in some contracts or contract changes. That rule does not apply when the price came from real competition, or when the price is fixed by a law or regulation, or when you are buying a commercial product or commercial service. The head of the buying office can also personally waive the rule in rare cases, but must write down the reasons. If you are changing a contract for a commercial product or service, you still don’t need to submit the data when the original deal already didn’t require it for those same reasons and the change does not make the purchase into something that is not a commercial product or service.

Title 41, §3503

Public Contracts — Source: USLM XML via OLRC

(a)Submission of certified cost or pricing data shall not be required under section 3502 of this title in the case of a contract, a subcontract, or a modification of a contract or subcontract—

(1)for which the price agreed on is based on—

(A)adequate price competition; or

(B)prices set by law or regulation;

(2)for the acquisition of a commercial product or a commercial service; or

(3)in an exceptional case when the head of the procuring activity, without delegation, determines that the requirements of this chapter may be waived and justifies in writing the reasons for the determination.

(b)In the case of a modification of a contract or subcontract for a commercial product or a commercial service that is not covered by the exception to the submission of certified cost or pricing data in paragraph (1) or (2) of subsection (a), submission of certified cost or pricing data shall not be required under section 3502 of this title if—

(1)the contract or subcontract being modified is a contract or subcontract for which submission of certified cost or pricing data may not be required by reason of paragraph (1) or (2) of subsection (a); and

(2)the modification would not change the contract or subcontract from a contract or subcontract for the acquisition of a commercial product or a commercial service to a contract or subcontract for the acquisition of an item other than a commercial product or a commercial service.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 350341:254b(b).June 30, 1949, ch. 288, title III, § 304A(b), as added Pub. L. 103–355, title I, § 1251(a)(2), Oct. 13, 1994, 108 Stat. 3279; Pub. L. 104–106, title XLII, § 4201(b)(1), Feb. 10, 1996, 110 Stat. 651. In subsection (b)(2), the words “as the case may be” are omitted as unnecessary.

Editorial Notes

Amendments

2018—Subsec. (a)(2). Pub. L. 115–232, § 836(b)(12)(A), substituted “a commercial product or a commercial service” for “a commercial item”. Subsec. (b). Pub. L. 115–232, § 836(b)(12)(B), in heading, substituted “Commercial Products or Commercial Services” for “Commercial Items” and, in text, substituted “a commercial product or a commercial service” for “a commercial item” wherever appearing.

Statutory Notes and Related Subsidiaries

Effective Date

of 2018 AmendmentAmendment by Pub. L. 115–232 effective Jan. 1, 2020, subject to a

Savings Provision

, see section 836(h) of Pub. L. 115–232, set out as an

Effective Date

of 2018 Amendment;

Savings Provision

note under section 453b of Title 6, Domestic Security.

§3503 Exceptions

Summary

Title 41, §3503

Notes & Related Subsidiaries

Historical and Revision Notes

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Savings Provision

Effective Date

Savings Provision

Citations & Metadata