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Title 41 — Public ContractsRelease 119-73not60

§3504 Cost or Pricing Data on Below-threshold Contracts

Title 41 › Subtitle Subtitle I— Federal Procurement Policy › Chapter 35— TRUTHFUL COST OR PRICING DATA › § 3504

Last updated Apr 5, 2026|Official source

Summary

The head of the agency that buys supplies or services may require certified cost or pricing data for a contract, subcontract, or change even when section 3502 does not require it, but only if they decide the data are needed to judge whether the price is reasonable. If they require the data, they must explain the reason in writing. They may not require the data for contracts that fall under the exceptions in 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 5, 2026

Release point: 119-73not60