Sec. 1819. Undefinitized contractual actions
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Part V of subtitle A of title 10, United States Code, as added by section 801 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ), is amended by inserting after chapter 243, as added by the preceding section, the following new chapter: Sec. 3371. Undefinitized contractual actions: required description of anticipated effect on military department requirements if use of undefinitized contractual action results in delay. 3372. Undefinitized contractual actions: requirements and limitations relating to definitization of contractual terms, specifications, and price. 3373.
Undefinitized contractual actions: limitation on inclusion of non-urgent requirements and on modification of scope. 3374. Undefinitized contractual actions: allowable profit. 3375. Undefinitized contractual actions: time limit. 3376. Reserved . 3377. Inapplicability to Coast Guard and National Aeronautics and Space Administration; definitions. . Subsection
(a)of section 2326 of title 10, United States Code, is transferred to section 3371 of such title, as added by subsection (a), inserted after the section heading, and amended by striking the subsection designation and subsection heading. Subsections (b), (c), and
(h)of section 2326 of title 10, United States Code, are transferred to section 3372 of such title, as added by subsection (a), inserted (in that order) after the section heading, and redesignated as subsections (a), (b), and (c), respectively. Subsection
(a)of such section 3372, as transferred and redesignated by paragraph (1), is amended— by striking and inserting “ Limitations on obligation of funds.—(1) A contracting officer Contractual action to provide time for definitization of contractual terms, specifications, and price; limitations on obligation of funds.— A contracting officer ; by redesignating paragraphs
(2)and
(3)as subparagraphs
(A)and (B), respectively, and realigning those subparagraphs 4 ems to the right; by inserting before subparagraph (A), as so redesignated and realigned, the following: ; in such subparagraph (A), as so redesignated, by striking Except as provided in paragraph (3), and inserting ; 50 percent limitation.— Except as provided in subparagraph (B), in such subparagraph (B), as so redesignated and realigned— by inserting before 75 percent limitation when contractor submits qualifying proposal.— If a contractor ; and by striking subsection
(h)and inserting section 3377(b) of this title ; by redesignating paragraph
(4)as paragraph
(3)and inserting in that paragraph before Waiver authority.— The head of ; and by redesignating paragraph
(5)as paragraph
(4)and inserting in that paragraph before Inapplicability with respect to purchase of initial spares.— This subsection does not . Subsection
(b)of such section 3372, as transferred and redesignated by paragraph (1), is amended by striking subsection (b)(1) and inserting subsection (a)(1) . Subsection
(c)of such section 3372, as transferred and redesignated by paragraph (1), is amended— by striking and inserting “ Contracts.—(1) Except as provided in Contracts.— Except as provided in ; by striking subsection (b)(1)(A) and inserting subsection (a)(1)(A) ; by realigning paragraph
(2)2 ems to the right; and in paragraph (2)— by inserting before Waiver authority.— The requirement ; and by striking subsection (b)(4) and inserting subsection (a)(3) . Subsections
(d)and
(e)of section 2326 of title 10, United States Code, are transferred to section 3373 of such title, as added by subsection (a), inserted after the section heading, and redesignated as subsections
(a)and (b), respectively. Subsection
(f)of section 2326 of title 10, United States Code, is transferred to section 3374 of such title, as added by subsection (a), inserted after the section heading, and amended— by striking the subsection designation and subsection heading; and by redesignating paragraphs
(1)and
(2)as subsections
(a)and (b), respectively. Subsection
(a)of such section 3374, as so transferred and redesignated, is amended— by inserting before Allowed profit to reflect certain reduced cost risks of contractor.— The head of an agency ; and by redesignating subparagraphs
(A)and
(B)as paragraphs
(1)and (2), respectively. Subsection
(b)of such section 3374, as so transferred and redesignated, is amended by inserting before Date as of which contractor cost risk to be determined.— If a contractor . Subsection
(g)of section 2326 of title 10, United States Code, is transferred to section 3375 of such title, as added by subsection (a), inserted after the section heading, and amended by striking the subsection designation and subsection heading. Subsections
(i)and
(j)of section 2326 of title 10, United States Code, are transferred to section 3377 of such title, as added by subsection (a), inserted after the section heading, redesignated as subsections
(a)and (b), respectively, and amended by striking section in each such subsection and inserting chapter .
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Sec. 1819
Undefinitized contractual actions
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