10 U.S.C. § 3862 — Requests for equitable adjustment or other relief
submitted 32 years ago by Pub. L. 103-355 to r/title-10-ARMED-FORCES · 320 words · no verdicts yet
Certain large requests for contract adjustments or relief must be certified when submitted. The section also limits when Congress may direct payment of certain claims and treats insertion of certain executive-order clauses as a contract change.
(a) A request for an equitable adjustment to contract terms, or for relief under Public Law 85-804, that is more than the simplified acquisition* threshold may not be paid unless an authorized person certifies when submitting it that the request is made in good faith and that its supporting data are accurate and complete to the best of that person’s knowledge and belief. This section does not define “simplified acquisition threshold”; section 134 of title 41 gives that term its meaning. (b) For a contract of an agency named in section 3063, a law enacted after September 30, 1994, that directs payment of a particular claim, equitable-adjustment request, or Public Law 85-804 relief request may not be implemented unless the law specifically refers to this subsection and specifically says this subsection does not apply to that directed payment. (c) If a contracting officer* unilaterally inserts a “covered clause” into an existing Department of Defense contract, order, or other transaction, the insertion is treated as a change directed by the officer under, and subject to, the underlying instrument’s “Changes clause.” (d) In this section, “Changes clause” means the clause described in part 52.243-4 of the Federal Acquisition Regulation* or a successor regulation. “Covered clause” means a clause implementing an Executive order issued by the President. This section does not define either quoted term beyond these descriptions.
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—
the request is made in good faith, and
the supporting data are accurate and complete to the best of that person’s knowledge and belief.
In the case of a contract of an agency named in section 3063 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—
specifically refers to this subsection; and
specifically states that this subsection does not apply with respect to the payment directed by that provision of law.
The unilateral insertion of a covered clause into an existing Department of Defense contract, order, or other transaction by a contracting officer* shall be treated as a change directed by the contracting officer pursuant to, and subject to, the Changes clause of the underlying contract, order, or other transaction.
In this section:
The term “simplified acquisition threshold” has the meaning given that term in section 134 of title 41.
The term “Changes clause” means the clause described in part 52.243–4 of the Federal Acquisition Regulation* or any successor regulation.
The term “covered clause” means any clause implementing the requirements of an Executive order issued by the President.
Source credit: (Added Pub. L. 103–355, title II, § 2301(a), Oct. 13, 1994, 108 Stat. 3320, § 2410; amended Pub. L. 111–350, § 5(b)(27), Jan. 4, 2011, 124 Stat. 3845; renumbered § 3862 and amended Pub. L. 116–283, div. A, title XVIII, §§ 1836(b), 1883(b)(2), Jan. 1, 2021, 134 Stat. 4241, 4294; Pub. L. 117–81, div. A, title XVII, § 1701(d)(6), Dec. 27, 2021, 135 Stat. 2136; Pub. L. 117–263, div. A, title VIII, § 805(a), Dec. 23, 2022, 136 Stat. 2701.)
- 1994Enacted · Pub. L. 103-355 · 108 Stat. 3320
- 2011Amended · Pub. L. 111-350 · 124 Stat. 3845
- 2021Amended · Pub. L. 116-283 · 134 Stat. 4241, 4294
- 2021Amended · Pub. L. 117-81 · 135 Stat. 2136
- 2022Amended · Pub. L. 117-263 · 136 Stat. 2701
A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-355 on 1994-10-13.
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