10 USC § 2410 - Requests for equitable adjustment or other relief: certification

(a) Certification Requirement.— A request for equitable adjustment to contract terms or request for relief under Public Law 85–804 (50 U.S.C. 1431 et seq.) that exceeds the simplified acquisition threshold may not be paid unless a person authorized to certify the request on behalf of the contractor certifies, at the time the request is submitted, that—

(1) the request is made in good faith, and

(2) the supporting data are accurate and complete to the best of that person’s knowledge and belief.

(b) Restriction on Legislative Payment of Claims.— In the case of a contract of an agency named in section 2303 (a) of this title, no provision of a law enacted after September 30, 1994, that directs the payment of a particular claim under such contract, a particular request for equitable adjustment to any term of such contract, or a particular request for relief under Public Law 85–804 (50 U.S.C. 1431 et seq.) regarding such contract may be implemented unless such provision of law—

(1) specifically refers to this subsection; and

(2) specifically states that this subsection does not apply with respect to the payment directed by that provision of law.

(c) Definition.— In this section, the term “simplified acquisition threshold” has the meaning given that term in section 134 of title 41.

Source

(Added Pub. L. 103–355, title II, § 2301(a),Oct. 13, 1994, 108 Stat. 3320; amended Pub. L. 111–350, § 5(b)(27),Jan. 4, 2011, 124 Stat. 3845.)

References in Text

Public Law 85–804, referred to in subsecs. (a) and (b), is Pub. L. 85–804, Aug. 28, 1958, 72 Stat. 972, which is classified generally to chapter 29 (§ 1431 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Tables.

Prior Provisions

A prior section, added Pub. L. 100–370, § 1(h)(2),July 19, 1988, 102 Stat. 847, provided that contract claims, requests for equitable adjustments, requests for relief under section 1431 et seq. of Title 50, War and National Defense, and other similar requests by contractors exceeding $100,000 were not to be paid unless senior official of contractor certified that claim or request was made in good faith and that data submitted was accurate and complete to the best of such official’s knowledge and belief, prior to repeal by Pub. L. 102–484, div. A, title VIII, § 813(b),Oct. 23, 1992, 106 Stat. 2453, effective upon promulgation of regulations pursuant to former section 2410e of this title [Interim rules, effective Apr. 30, 1993, were promulgated and published in the Federal Register, 58 F.R. 28458, May 13, 1993, and final rules, effective May 27, 1994, were promulgated and published in the Federal Register, 59 F.R. 27662, May 27, 1994].

Amendments

2011—Subsec. (c). Pub. L. 111–350substituted “section 134 of title 41” for “section 4(11) of the Office of Federal Procurement Policy Act”.

Effective Date

For effective date and applicability of section, see section 10001 ofPub. L. 103–355, set out as an Effective Date of 1994 Amendment note under section 2302 of this title.