124 STAT. 3765 PUBLIC LAW 111–350—JAN. 4, 2011 § 3502. Required cost or pricing data and certification (a) WHEN REQUIRED.—The head of an executive agency shall require offerors, contractors, and subcontractors to make cost or pricing data available as follows: (1) OFFEROR FOR PRIME CONTRACT.—An offeror for a prime contract under this division to be entered into using procedures other than sealed-bid procedures shall be required to submit cost or pricing data before the award of a contract if— (A) in the case of a prime contract entered into after October 13, 1994, the price of the contract to the Federal Government is expected to exceed $500,000; and (B) in the case of a prime contract entered into on or before October 13, 1994, the price of the contract to the Federal Government is expected to exceed $100,000. (2) CONTRACTOR.—The contractor for a prime contract under this division shall be required to submit cost or pricing data before the pricing of a change or modification to the contract if— (A) 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 $500,000; (B) in the case of a change or modification made to a prime contract that was entered into on or before October 13, 1994, and that has been modified pursuant to sub- section (f), the price adjustment is expected to exceed $500,000; and (C) in the case of a change or modification not covered by subparagraph (A) or (B), the price adjustment is expected to exceed $100,000. (3) OFFEROR FOR SUBCONTRACT.—An offeror for a subcontract (at any tier) of a contract under this division shall be required to submit cost or pricing data before the award of the sub- contract if the prime contractor and each higher-tier subcon- tractor have been required to make available cost or pricing data under this chapter and— (A) 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 $500,000; (B) in the case of a subcontract entered into under a prime contract that was entered into on or before October 13, 1994, and that has been modified pursuant to sub- section (f), the price of the subcontract is expected to exceed $500,000; and (C) in the case of a subcontract not covered by subpara- graph (A) or (B), the price of the subcontract is expected to exceed $100,000. (4) SUBCONTRACTOR.—The subcontractor for a subcontract covered by paragraph (3) shall be required to submit cost or pricing data before the pricing of a change or modification to the subcontract if— (A) in the case of a change or modification to a sub- contract referred to in paragraph (3)(A) or (B), the price adjustment is expected to exceed $500,000; and (B) in the case of a change or modification to a sub- contract referred to in paragraph (3)(C), the price adjust- ment is expected to exceed $100,000.
