Sec. 802. Amendments to restrictions on undefinitized contractual actions

289 words·~1 min read·/bill/114/hr/4909/rh/section-802

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Section 2326(e) of title 10, United States Code, is amended— by redesignating paragraphs

(1)and

(2)as subparagraphs

(A)and (B); by inserting

(1)before The head ; and by adding at the end the following new paragraph: If a contractor submits a qualifying proposal to definitize an undefinitized contractual action and the contracting officer for such action definitized the contract after the end of the 180-day period beginning on the date on which the contractor submitted the qualifying proposal, the head of the agency concerned shall ensure that the profit allowed on the contract accurately reflects the cost risk of the contractor as it existed on the date the contractor submitted the qualifying proposal. . Section 2326 of such title is further amended— by redesignating subsections

(f)and

(g)as subsections

(g)and (h), respectively; by inserting after subsection

(e)the following new subsection (f): A contracting officer of the Department of Defense may not enter into an undefinitized contractual action for a foreign military sale unless the contractual action provides for agreement upon contractual terms, specifications, and price by the end of the 180-day period beginning on the date on which the contractor submits a qualifying proposal to definitize such terms, specifications, and price. This subsection may be waived in the same manner as subsection

(b)may be waived under subsection (b)(4). . Subsection

(h)of such section, as redesignated by subsection (b), is amended— in paragraph (1)— by striking subparagraph (A); and by redesignating subparagraphs (B), (C), and

(D)as subparagraphs (A), (B), and (C), respectively; and in paragraph (2), by striking complete and meaningful audits and all that follows through the period and inserting a meaningful audit of the information contained in the proposal. .