§ 3862. Requests for equitable adjustment or other relief

• (a) 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) 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) 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) 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.