§ 3862. Requests for equitable adjustment or other relief

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(a)Certification Requirement.— 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—

(1)the request is made in good faith, and

(2)the supporting data are accurate and complete to the best of that person’s knowledge and belief.

(b)Restriction on Legislative Payment of Claims.— 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—

(1)specifically refers to this subsection; and

(2)specifically states that this subsection does not apply with respect to the payment directed by that provision of law.

(c)Treatment of Certain Clauses Implementing Executive Orders.— 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.

(d)Definitions.— In this section:

(1)The term “simplified acquisition threshold” has the meaning given that term in section 134 of title 41.

(2)The term “Changes clause” means the clause described in part 52.243–4 of the Federal Acquisition Regulation or any successor regulation.

(3)The term “covered clause” means any clause implementing the requirements of an Executive order issued by the President.

(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.)

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