10 U.S.C. § 3704 — Cost or pricing data on below-threshold contracts

Subject to subsection (b), when certified cost or pricing data^* are not required to be submitted by section 3702 of this title for a contract, subcontract^*, or modification of a contract or subcontract, such 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 such 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 such data to be submitted under this section, the head of the procuring activity shall justify in writing the reason for such requirement.

The head of the procuring activity may not require certified cost or pricing data to be submitted under this subsection for any contract or subcontract, or modification of a contract or subcontract, covered by the exceptions in paragraph (1) or (2) of section 3703(a) of this title.

The head of a procuring activity may not delegate functions under this subsection.