Sec. 1817. SPECIFIC TYPES OF CONTRACTS
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## SEC. 1817 SPECIFIC TYPES OF CONTRACTS ###
(a)New Chapter **[**[10 U.S.C. 3324](/us/usc/t10/s3324)**]** 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 241, as added by the preceding section, the following new chapter: > > ## “CHAPTER 242 **SPECIFIC TYPES OF CONTRACTS** > > **[**[10 U.S.C. 3321](/us/usc/t10/s3321)**]** > > > ## “SEC. 3321 Contracts awarded using procedures other than sealed-bid procedures > > **[**[10 U.S.C. 3321](/us/usc/t10/s3321)**]** > > > ## “SEC. 3322 Cost contracts > > **[**[10 U.S.C. 3322](/us/usc/t10/s3322)**]** > > > ## “SEC. 3323 Cost-plus contracting prohibited for military construction and military family housing projects > > **[**[10 U.S.C. 3323](/us/usc/t10/s3323)**]** > > > ## “SEC. 3324 Preference for fixed-price contracts > > **[**Reserved**]**.” > . ###
(b)Transfer of Subsections
(a)and
(b)of Section 2306 Subsections
(a)and
(b)of section 2306 of title 10, United States Code, are transferred to section 3321 of such title, as added by subsection (a), and inserted after the section heading. ###
(c)Transfer of First Sentence of Subsection
(a)The first sentence of such subsection
(a)is further transferred to section 3322 of such title, as added by subsection (a), inserted after the section heading, and designated as subsection (a). ###
(d)Amendments to New 3321 ####
(1)New 3321(a) Subsection
(a)of such section 3321 (as amended by subsection (c)) is amended— #####
(A)by inserting “Authorized Types.—” before “Subject to”; #####
(B)by striking “the preceding sentence” and inserting “section 3322(a) of this title”; #####
(C)by striking “this section” and inserting “this chapter”; and #####
(D)by striking “under this chapter” and inserting “under chapter 137 legacy provisions”. ####
(2)New 3321(b) Subsection
(b)of such section 3321 is amended— #####
(A)by striking “ Each contract awarded ” and inserting > “ Required Warranty.— > > > #### “(1) Content > > Each contract awarded” > ; #####
(B)by striking “under this chapter” and inserting “under chapter 137 legacy provisions”; #####
(C)by striking “maintained by him” and inserting “maintained by the contractor”; #####
(D)by designating the second and third sentences as paragraphs
(2)and (3), respectively, and realigning those paragraphs 2 ems to the right; #####
(E)in paragraph (2), as so designated— ######
(i)by inserting “Remedy for Breaking Warranty.—” before “If a contractor”; and ######
(ii)by striking “ the United States may annul the contract without liability or may deduct ” and inserting > “the United States— > > > ##### “(A) > > may annul the contract without liability; or > > > ##### “(B) > > may deduct” > ; and #####
(F)in paragraph (3), as so designated— ######
(i)by inserting “Inapplicability to Certain Contracts.—” before “This subsection”; ######
(ii)by striking “ does not apply to a contract that is for an amount not greater than the simplified acquisition threshold or to a contract ” and inserting > “does not apply— > > > ##### “(A) > > to a contract that is for an amount not greater than the simplified acquisition threshold; or > > > ##### “(B) > > to a contract” > . ###
(e)Transfer of Subsections
(d)and
(e)of Section 2306 Subsections
(d)and
(e)of section 2306 of title 10, United States Code, are transferred to section 3322 of such title, as amended by subsections
(b)and (c), inserted at the end, and redesignated as subsections
(b)and (c), respectively. ###
(f)Amendments to New 3322 ####
(1)New 3322(a) Subsection
(a)of such section 3322, as transferred and designated by subsection (c), is amended by inserting “Cost-plus-a-percentage-of-cost System of Contracting Prohibited.—” before “The cost-plus-a-percentage-of-cost system”. ####
(2)New 3322(b) Subsection
(b)of such section 3322, as transferred and redesignated by subsection (e), is amended by inserting “Cost-plus-a-fixed-fee Contracts.—” before “The fee for performing a cost-plus-a-fixed-fee contract for experimental”. ####
(3)New 3322(c) Subsection
(c)of such section 3322, as transferred and redesignated by subsection (e), is amended— #####
(A)by striking “
(1)Except as ” and inserting > “ Advance Notice of Certain Subcontracts.— > > > #### “(1) In general > > Except as” > ; and #####
(B)in paragraph (2)— ######
(i)by inserting “Exception.—” before “Paragraph (1)”; and ######
(ii)by realigning that paragraph 2 ems to the right. ###
(g)Transfer of Subsection
(c)of Section 2306 ####
(1)Transfer Subsection
(c)of section 2306 of title 10, United States Code, is transferred to section 3323 of such title, as added by subsection (a), inserted after the section heading, redesignated as subsection (a), and amended by designating the second sentence as subsection (b). ####
(2)Amendment to new 3323(a) Subsection
(a)of such section 3323, as so transferred and redesignated, is amended by inserting “Prohibition.—” before “A contract entered into”. ####
(3)Amendments to new 3323(b) Subsection
(b)of such section 3323, as designated by paragraph (1), is amended— #####
(A)by striking “This” and inserting “Applicability.—The”; #####
(B)by striking “ prohibition is in addition to the prohibition specified in subsection
(a)” and inserting > “prohibition specified in subsection (a)— > > > #### “(1) > > is in addition to the prohibition specified in section 3322(a) of this title” > ; and #####
(C)by striking “ system of contracting and applies notwithstanding ” and inserting > “system of contracting; and > > > #### “(2) > > applies notwithstanding.” > . ###
(h)Cross-reference Amendment Section 2343 of title 10, United States Code, is amended by striking “2306(a), 2306(b), 2306(e)” and inserting “3351, 3352(a), 3352(c)”.
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Sec. 1817
SPECIFIC TYPES OF CONTRACTS
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