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10 USC § 3701 - Definitions 

---
identifier: "/us/usc/t10/s3701"
source: "usc"
legal_status: "official_legal_evidence"
title: "10 USC § 3701 - Definitions"
title_number: 10
title_name: "ARMED FORCES"
section_number: "3701"
section_name: "Definitions"
chapter_number: 271
chapter_name: "TRUTHFUL COST OR PRICING DATA (TRUTH IN NEGOTIATIONS)"
part_number: "V"
part_name: "ACQUISITION"
positive_law: true
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Added and amended Pub. L. 116–283, div. A, title XVIII, § 1831(a), (b), Jan. 1, 2021, 134 Stat. 4209; Pub. L. 117–81, div. A, title XVII, § 1701(b)(10)(A), Dec. 27, 2021, 135 Stat. 2133.)"
---

# § 3701. Definitions

In this chapter:

**(1)** **Cost or pricing data.—** The term “cost or pricing data” means all facts that, as of the date of agreement on the price of a contract (or the price of a contract modification), or, if applicable consistent with section 3706(a)(2) of this title, another date agreed upon between the parties, a prudent buyer or seller would reasonably expect to affect price negotiations significantly. Such term does not include information that is judgmental, but does include the factual information from which a judgment was derived.

**(2)** **Subcontract.—** The term “subcontract” includes a transfer of commercial products or commercial services between divisions, subsidiaries, or affiliates of a contractor or a subcontractor.

---

**Source Credit**: (Added and amended Pub. L. 116–283, div. A, title XVIII, § 1831(a), (b), Jan. 1, 2021, 134 Stat. 4209; Pub. L. 117–81, div. A, title XVII, § 1701(b)(10)(A), Dec. 27, 2021, 135 Stat. 2133.)

## Editorial Notes

### Codification

The text of subsec. (h) of , which was transferred to this section and amended by , was based on , , , 1783–166, and , , , 3341–166; , formerly title IV, § 952(a), , , renumbered title IX, , , ; , , ; , §§ 1204(1), 1208, , , 3277; , , ; , , ; , , . , , and  added identical sections.  is a corrected version of .

### Amendments

2021—, as amended by , transferred subsec. (h) of  to this section, struck out subsec. (h) designation and heading “Definitions” at beginning, and substituted “this chapter” for “this section” in introductory provisions and “” for “subsection (e)(1)(B)” in par. (1).

## Statutory Notes and Related Subsidiaries

### Effective Date of 2021 Amendment

Amendment by  applicable as if included in the enactment of title XVIII of  as enacted, see , set out in a note preceding  and Effective Date note below.

### Effective Date

Section and amendment by  effective , with additional provisions for delayed implementation and applicability of existing law, see , set out as an Effective Date of 2021 Amendment note preceding .