Sec. 823. Limitation on unilateral definitization
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Section 2326 of title 10, United States Code, is amended— by redesignating subsections (c), (d), (e), (f), (g), (h), and
(i)as subsections (d), (e), (f), (g), (h), (i), and
(j)respectively; and by inserting after subsection
(b)the following new subsection: The following limitation applies to all undefinitized contractual actions with a not to exceed value of $50,000,000 or greater: If agreement is not reached on contractual terms, specifications, and price by a date certain, as required under subsection (b)(1), the contracting officer may not unilaterally definitize those terms, specifications and price over the objection of the contractor until— the head of the agency approves the definitization in writing; the contracting officer provides the written approval to the contractor; and the head of the agency notifies the congressional defense committees of the approval. The contract modification unilaterally definitizing the action shall not take effect until 60 calendar days after the congressional defense committees have been notified under subparagraph
(C)of such paragraph. . Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall revise the Department of Defense Supplement to the Federal Acquisition Regulations to conform with the amendments made by subsection (a).