Federal · Title 41 — Public Contracts

41 U.S.C. § 3502: Required cost or pricing data and certification

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in the case of a prime contract entered into after June 30, 2018 , the price of the contract to the Federal Government is expected to exceed $2,000,000; and in the case of a prime contract entered into on or before June 30, 2018 , the price of the contract to the Federal Government is expected to exceed $750,000. in the case of a change or modification made to a prime contract referred to in paragraph (1)(A), the price adjustment is expected to exceed $2,000,000; in the case of a change or modification made to a prime contract that was entered into on or before June 30, 2018 , and that has been modified pursuant to subsection (f), the price adjustment is expected to exceed $750,000; and in the case of a change or modification not covered by subparagraph (A) or (B), the price adjustment is expected to exceed $750,000. in the case of a subcontract under a prime contract referred to in paragraph (1)(A), the price of the subcontract is expected to exceed $2,000,000; in the case of a subcontract entered into under a prime contract that was entered into on or before June 30, 2018 , and that has been modified pursuant to subsection (f), the price of the subcontract is expected to exceed $2,000,000; and in the case of a subcontract not covered by subparagraph (A) or (B), the price of the subcontract is expected to exceed $750,000. in the case of a change or modification to a subcontract referred to in paragraph (3)(A) or (B), the price adjustment is expected to exceed $2,000,000; and in the case of a change or modification to a subcontract referred to in paragraph (3)(C), the price adjustment is expected to exceed $750,000. A person required, as an offeror, contractor, or subcontractor, to submit cost or pricing data under subsection (a) (or required by the head of the procuring activity concerned to submit the data under section 3504 of this title ) shall be required to certify that, to the best of the person’s knowledge and belief, the cost or pricing data submitted are accurate, complete, and current. in the case of a submission by a prime contractor (or an offeror for a prime contract), to the contracting officer for the contract (or a designated representative of the contracting officer); or in the case of a submission by a subcontractor (or an offeror for a subcontract), to the prime contractor. Except as provided under section 3503 of this title , this chapter applies to contracts entered into by the head of an executive agency on behalf of a foreign government. A waiver of requirements for submission of certified cost or pricing data that is granted under section 3503(a)(3) of this title in the case of a contract or subcontract does not waive the requirement under subsection (a)(3) of this section for submission of cost or pricing data in the case of subcontracts under that contract or subcontract unless the head of the procuring activity granting the waiver determines that the requirement under subsection (a)(3) of this section should be waived in the case of those subcontracts and justifies in writing the reason for the determination. On the request of a contractor that was required to submit cost or pricing data under subsection (a) in connection with a prime contract entered into on or before June 30, 2018 , the head of the executive agency that entered into the contract shall modify the contract to reflect paragraphs (2)(B) and (3)(B) of subsection (a). All those modifications shall be made without requiring consideration. Effective on October 1 of each year that is divisible by 5, each amount set forth in subsection (a) shall be adjusted in accordance with section 1908.

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