Title 41, Public ContractsRelease 119-110
§3504 Cost or Pricing Data on Below-threshold Contracts
Title 41 › Subtitle I — Federal Procurement Policy › CHAPTER 35 — TRUTHFUL COST OR PRICING DATA › § 3504
Summary
The head of the procuring activity can require certified cost or pricing data for a contract, subcontract, or modification even when section 3502 does not require it. They may do this only if they decide the data are needed to check that the price is reasonable, and they must give the reason in writing. They cannot require the data for contracts covered by the exceptions in section 3503(a)(1) or (2). They also may not delegate this authority to someone else.
Full Legal Text
Title 41, §3504
Public Contracts, Source: USLM XML via OLRC
(a)Authority To Require Submission.—
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)Exception.—
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)Delegation of Authority Prohibited.—
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
Sep 22, 2026
Release point: 119-110