41 U.S. Code § 3503. Exceptions

(a) In General.—Submission of certified cost or pricing data shall not be required under section 3502 of this title in the case of a contract, a subcontract, or a modification of a contract or subcontract—
(1) for which the price agreed on is based on—
(A)
adequate price competition; or
(B)
prices set by law or regulation;
(2)
for the acquisition of a commercial item; or
(3)
in an exceptional case when the head of the procuring activity, without delegation, determines that the requirements of this chapter may be waived and justifies in writing the reasons for the determination.
(b) Modifications of Contracts and Subcontracts for Commercial Items.—In the case of a modification of a contract or subcontract for a commercial item that is not covered by the exception to the submission of certified cost or pricing data in paragraph (1) or (2) of subsection (a), submission of certified cost or pricing data shall not be required under section 3502 of this title if—
(1)
the contract or subcontract being modified is a contract or subcontract for which submission of certified cost or pricing data may not be required by reason of paragraph (1) or (2) of subsection (a); and
(2)
the modification would not change the contract or subcontract from a contract or subcontract for the acquisition of a commercial item to a contract or subcontract for the acquisition of an item other than a commercial item.
Amendment of Section

Pub. L. 115–232, div. A, title VIII, § 836(b)(12), (h), Aug. 13, 2018, 132 Stat. 1863, 1874, provided that, effective Jan. 1, 2020, subject to a savings provision, this section is amended as follows:

(1) in subsection (a)(2), by striking “a commercial item” and inserting “a commercial product or a commercial service”; and

(2) in subsection (b)—

(A) in the heading, by striking “Commercial Items” and inserting “Commercial Products or Commercial Services”; and

(B) by striking “a commercial item” each place it appears and inserting “a commercial product or a commercial service”.

See 2018 Amendment notes below.

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

3503

41:254b(b).

June 30, 1949, ch. 288, title III, § 304A(b), as added Pub. L. 103–355, title I, § 1251(a)(2), Oct. 13, 1994, 108 Stat. 3279; Pub. L. 104–106, title XLII, § 4201(b)(1), Feb. 10, 1996, 110 Stat. 651.

In subsection (b)(2), the words “as the case may be” are omitted as unnecessary.

Amendments

2018—Subsec. (a)(2). Pub. L. 115–232, § 836(b)(12)(A), substituted “a commercial product or a commercial service” for “a commercial item”.

Subsec. (b). Pub. L. 115–232, § 836(b)(12)(B), in heading, substituted “Commercial Products or Commercial Services” for “Commercial Items” and, in text, substituted “a commercial product or a commercial service” for “a commercial item” wherever appearing.

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Jan. 1, 2020, subject to a savings provision, see section 836(h) of Pub. L. 115–232, set out as an Effective Date of 2018 Amendment; Savings Provision note under section 453b of Title 6, Domestic Security.