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Code · BILL · 115th Congress · H.R. 2810 (Placed on Calendar Senate) — To authorize appropriations for fiscal year 2018 for military activities of the Department of Defense, for military c... · Sec. 851

Sec. 851. Limitation on unilateral definitization

200 words·~1 min read·/bill/115/hr/2810/pcs/section-851

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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 (c): With respect to any undefinitized contractual action with a value greater than $1,000,000,000, if agreement is not reached on contractual terms, specifications, and price within the period or by the date provided in subsection (b)(1), the contracting officer may not unilaterally definitize those terms, specifications, or price over the objection of the contractor until— the head of the agency approves the definitization in writing; the contracting officer provides a copy of the written approval to the contractor; and a period of 30 calendar days has elapsed after the written approval is provided to the contractor. . Section 2326(b)(3) of such title is amended by striking subsection
(g)and inserting subsection
(h). 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 Regulation to implement section 2326 of title 10, United States Code, as amended by this section.
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