
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC2410]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
            CHAPTER 141--MISCELLANEOUS PROCUREMENT PROVISIONS
 
Sec. 2410. Requests for equitable adjustment or other relief: 
        certification
        
    (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 2303(a) 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) Definition.--In this section, the term ``simplified acquisition 
threshold'' has the meaning given that term in section 4(11) of the 
Office of Federal Procurement Policy Act.

(Added Pub. L. 103-355, title II, Sec. 2301(a), Oct. 13, 1994, 108 Stat. 
3320.)

                       References in Text

    Public Law 85-804, referred to in subsecs. (a) and (b), is Pub. L. 
85-804, Aug. 28, 1958, 72 Stat. 972, as amended, which is classified 
generally to chapter 29 (Sec. 1431 et seq.) of Title 50, War and 
National Defense. For complete classification of this Act to the Code, 
see Tables.
    Section 4(11) of the Office of Federal Procurement Policy Act, 
referred to in subsec. (c), is classified to section 403(11) of Title 
41, Public Contracts.


                            Prior Provisions

    A prior section, added Pub. L. 100-370, Sec. 1(h)(2), July 19, 1988, 
102 Stat. 847, provided that contract claims, requests for equitable 
adjustments, requests for relief under section 1431 et seq. of Title 50, 
War and National Defense, and other similar requests by contractors 
exceeding $100,000 were not to be paid unless senior official of 
contractor certified that claim or request was made in good faith and 
that data submitted was accurate and complete to the best of such 
official's knowledge and belief, prior to repeal by Pub. L. 102-484, 
div. A, title VIII, Sec. 813(b), Oct. 23, 1992, 106 Stat. 2453, 
effective upon promulgation of regulations pursuant to former section 
2410e of this title [Interim rules, effective Apr. 30, 1993, were 
promulgated and published in the Federal Register, 58 F.R. 28458, May 
13, 1993, and final rules, effective May 27, 1994, were promulgated and 
published in the Federal Register, 59 F.R. 27662, May 27, 1994].


                             Effective Date

    For effective date and applicability of section, see section 10001 
of Pub. L. 103-355, set out as an Effective Date of 1994 Amendment note 
under section 251 of Title 41, Public Contracts.
