Program to accelerate contracting and pricing processes

10 U.S.C. § 3709

• Title: 10 — Armed Forces
• Chapter: 271 — TRUTHFUL COST OR PRICING DATA (TRUTH IN NEGOTIATIONS)

Text

(a) In General.—The Secretary of Defense shall establish a program to reform and accelerate the contracting and pricing processes associated with contracts in excess of $50,000,000 by—
(1) basing price reasonableness determinations on actual cost and pricing data for purchases of the same or similar products for the Department of Defense; and
(2) reducing the cost and pricing data to be submitted in accordance with this chapter.
(b) Implementation Guidance.—The Secretary, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall ensure that each senior contracting official (as defined in section 1737 of this title) for a contract described in subsection (a) has the discretion to implement the program under this section efficiently and effectively by ensuring the following:
(1) That the program does not include any preferences for contract type or specific contract requirements.
(2) That each Secretary of a military department has no unique reporting requirements to the Under Secretary of Defense for Acquisition and Sustainment with respect to the program.

History

(Added and amended Pub. L. 119–60, div. A, title VIII, §812(c), Dec. 18, 2025, 139 Stat. 952.)

Editorial Notes

Editorial Notes

Codification
Section is based on Pub. L. 115–232, div. A, title VIII, §890, Aug. 13, 2018, 132 Stat. 1919, as amended by Pub. L. 116–92, div. A, title VIII, §825, Dec. 20, 2019, 133 Stat. 1491; Pub. L. 116–283, div. A, title XVIII, §1831(j)(7), Jan. 1, 2021, 134 Stat. 4217; Pub. L. 117–263, div. A, title VIII, §818, Dec. 23, 2022, 136 Stat. 2708; Pub. L. 118–31, div. A, title VIII, §841, Dec. 22, 2023, 137 Stat. 339, which was formerly set out as a note preceding section 3701 of this title before being transferred to this chapter and renumbered as this section by Pub. L. 119–60, div. A, title VIII, §812(c)(1), Dec. 18, 2025, 139 Stat. 952.

Amendments
2025—Pub. L. 119–60, §812(c)(2)(A), (B), struck out "Pilot" before "program" in section catchline and "pilot" before "program" wherever appearing in text.
Subsec. (a)(2). Pub. L. 119–60, §812(c)(2)(C), substituted "this chapter" for "chapter 271 of title 10, United States Code".
Subsec. (b). Pub. L. 119–60, §812(c)(2)(D)(i), substituted "section 1737 of this title" for "section 1737 of title 10, United States Code" in introductory provisions.
Subsec. (b)(2). Pub. L. 119–60, §812(c)(2)(D)(ii), substituted "no unique reporting" for "minimal reporting".
Subsecs. (c), (d). Pub. L. 119–60, §812(c)(2)(E), struck out subsecs. (c) and (d), which, respectively, required submission of report on pilot program and provided that pilot program would expire on Jan. 2, 2028.

Editorial Notes

Amendments
2021—Pub. L. 117–81, div. A, title XVII, §1701(i)(6), Dec. 27, 2021, 135 Stat. 2141, amended Pub. L. 116–283, div. A, title XVIII, §1831(k), Jan. 1, 2021, 134 Stat. 4217, which added this analysis, by substituting "[Reserved]" for "OTHER PROVISIONS RELATING TO COST OR PRICING DATA" in chapter heading and "[Reserved]" for "Evaluating the reasonableness of price: guidance and training" in item 3721, for "Grants of exceptions to cost or pricing data certification requirements and waivers of cost accounting standards" in item 3722, for "Streamlining awards for innovative technology projects: pilot program" in item 3723, and for "Risk-based contracting for smaller contract actions under Truth in Negotiations Act: pilot program" in item 3724.