CHAPTER 281—CLAIMS AND DISPUTES

Sec.
3861.
Research and development contracts: indemnification provisions.
3862.
Requests for equitable adjustment or other relief.
3863.
Retention of amounts collected from contractor during the pendency of contract dispute.
3864.
Assumption of uninsurable risk on certain contracts.

        

Editorial Notes

Prior Provisions

A prior chapter 281 "CLAIMS AND DISPUTES", as added by Pub. L. 115–232, div. A, title VIII, §801(a), Aug. 13, 2018, 132 Stat. 1828, and consisting of reserved section 3861, was repealed by Pub. L. 116–283, div. A, title XVIII, §1836(a), Jan. 1, 2021, 134 Stat. 4241.

Amendments

2025—Pub. L. 119–60, div. A, title VIII, §801(a), Dec. 18, 2025, 139 Stat. 939, added item 3864. Amendment was made pursuant to operation of section 102 of this title.

2022—Pub. L. 117–263, div. A, title VIII, §805(b), Dec. 23, 2022, 136 Stat. 2702, added item 3862 and struck out former item 3862 "Requests for equitable adjustment or other relief: certification".


Statutory Notes and Related Subsidiaries

Ability To Withhold Contract Payments During Period of Pendancy of a Bid Protest

Pub. L. 119–60, div. A, title VIII, §875, Dec. 18, 2025, 139 Stat. 1004, provided that:

"(a) Authority to Withhold Certain Payments.—

"(1) Procedures.—Not later than 180 days after the date of the enactment of this Act [Dec. 18, 2025], the Secretary of Defense shall revise the Department of Defense Supplement to the Federal Acquisition Regulation to establish procedures for a contracting officer of the Department of Defense to withhold payment of covered amounts to an incumbent contractor during the period of pendency resulting from a bid protest by such incumbent contractor.

"(2) Forfeit.—The procedures developed in accordance with this section shall provide that payment amounts withheld under paragraph (1) from an incumbent contractor during a period of pendency resulting from a bid protest by such incumbent contractor shall be forfeited by the incumbent contractor upon the determination by the Comptroller General of the United States to dismiss such bid protest based on a lack of any reasonable legal or factual basis becoming a final determination.

"(b) Definitions.—In this section:

"(1) The term 'covered amounts' means an amount that is not greater than five percent of the total amount to be paid to an incumbent contractor but for the withholding of payment under subsection (a)(1).

"(2) The term 'covered contract' means a contract entered into by the Secretary of Defense with an incumbent contractor for the procurement of goods or services during the period of pendency that are the same or substantially similar to goods or services to be acquired by the Department under the contract previously awarded to the incumbent contractor.

"(3) The term 'final determination', with respect to the dismissal of a bid protest, means such dismissal—

"(A) was not the subject of a request for reconsideration and the time period for requesting reconsideration has expired; or

"(B) was the subject of a request for reconsideration and the reconsideration processes for which is completed.

"(4) The term 'incumbent contractor' means a contractor for a contract with the Department of Defense for the acquisition of goods or services by the Department that are the same or substantially similar to goods or services to be acquired by the Department under a new or follow-on contract that is the subject of a bid protest.

"(5) The term 'period of pendency' means the period of performance under a contract that was awarded or extended because the Secretary of Defense—

"(A) received notice of a bid protest submitted by the incumbent contractor to the Comptroller General of the United States; and

"(B) was prohibited from awarding a new contract during the pendency of such bid protest under section 3553(c) of title 31, United States Code."