Title 41 — Public ContractsRelease 119-73
§3504 Cost or pricing data on below-threshold contracts
Title 41 › Subtitle Subtitle I— - Federal Procurement Policy › Chapter CHAPTER 35— - TRUTHFUL COST OR PRICING DATA › § 3504
Summary
The head of the procuring activity may require certified cost or pricing data even when section 3502 does not require them, but only if the head decides the data are needed to judge whether the price is reasonable. If the head asks for the data, the reason must be put in writing. The head may not require these data for contracts or changes that are excluded by section 3503(a)(1) or (2). The head cannot give this authority to someone else.
Full Legal Text
Title 41, §3504
Public Contracts — Source: USLM XML via OLRC
(a)Subject to subsection (b), when certified cost or pricing data are not required to be submitted by section 3502 of this title for a contract, subcontract, or modification of a contract or subcontract, the data may nevertheless be required to be submitted by the head of the procuring activity, but only if the head of the procuring activity determines that the data are necessary for the evaluation by the agency of the reasonableness of the price of the contract, subcontract, or modification of a contract or subcontract. In any case in which the head of the procuring activity requires the data to be submitted under this section, the head of the procuring activity shall justify in writing the reason for the requirement.
(b)The head of the procuring activity may not require certified cost or pricing data to be submitted under this section for any contract or subcontract, or modification of a contract or subcontract, covered by the exceptions in section 3503(a)(1) or (2) of this title.
(c)The head of a procuring activity may not delegate the functions under this section.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Revised SectionSource (U.S. Code)Source (Statutes at Large) 350441:254b(c).June 30, 1949, ch. 288, title III, § 304A(c), as added Pub. L. 103–355, title I, § 1251(a)(2), Oct. 13, 1994, 108 Stat. 3280; Pub. L. 104–106, title XLII, §§ 4201(b)(1), 4321(e)(3), Feb. 10, 1996, 110 Stat. 651, 675.
Reference
Citations & Metadata
Citation
41 U.S.C. § 3504
Title 41 — Public Contracts
Last Updated
Apr 6, 2026
Release point: 119-73