Sec. 1819. UNDEFINITIZED CONTRACTUAL ACTIONS

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## SEC. 1819 UNDEFINITIZED CONTRACTUAL ACTIONS ###

(a)New Chapter 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: > > ## “CHAPTER 244 **UNDEFINITIZED CONTRACTUAL ACTIONS** > > **[**[10 U.S.C. 3371](/us/usc/t10/s3371)**]** > > > ## “SEC. 3371 Undefinitized contractual actions: required description of anticipated effect on military department requirements if use of undefinitized contractual action results in delay > > **[**[10 U.S.C. 3371](/us/usc/t10/s3371)**]** > > > ## “SEC. 3372 Undefinitized contractual actions: requirements and limitations relating to definitization of contractual terms, specifications, and price > > **[**[10 U.S.C. 3372](/us/usc/t10/s3372)**]** > > > ## “SEC. 3373 Undefinitized contractual actions: limitation on inclusion of non-urgent requirements and on modification of scope > > **[**[10 U.S.C. 3373](/us/usc/t10/s3373)**]** > > > ## “SEC. 3374 Undefinitized contractual actions: allowable profit > > **[**[10 U.S.C. 3374](/us/usc/t10/s3374)**]** > > > ## “SEC. 3375 Undefinitized contractual actions: time limit > > **[**[10 U.S.C. 3375](/us/usc/t10/s3375)**]** > > > ## “SEC. 3377 Inapplicability to Coast Guard and National Aeronautics and Space Administration; definitions” > > **[**[10 U.S.C. 3377](/us/usc/t10/s3377)**]** > . ###

(b)Transfer of Subsection

(a)of Section 2326 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. ###

(c)Transfer of Subsections (b), (c), and

(h)of Section 2326 ####

(1)Transfer 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. ####

(2)Amendments to new 3372(a) Subsection

(a)of such section 3372, as transferred and redesignated by paragraph (1), is amended— #####

(A)by striking “ Limitations on Obligation of Funds.—(1) A contracting officer ” and inserting > “ Contractual Action to Provide Time for Definitization of Contractual Terms, Specifications, and Price; Limitations on Obligation of Funds.— > > > #### “(1) Terms for time for definitization to be included in contractual action > > A contracting officer” > ; #####

(B)by redesignating paragraphs

(2)and

(3)as subparagraphs

(A)and (B), respectively, and realigning those subparagraphs 4 ems to the right; #####

(C)by inserting before subparagraph (A), as so redesignated and realigned, the following: > > #### “(2) Limitation on obligation of funds before definitization.—” > ; #####

(D)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),”; #####

(E)in such subparagraph (B), as so redesignated and realigned— ######

(i)by inserting “75 percent limitation when contractor submits qualifying proposal.—” before “If a contractor”; and ######

(ii)by striking “subsection (h)” and inserting “section 3377(b) of this title”; #####

(F)by redesignating paragraph

(4)as paragraph

(3)and inserting “Waiver authority.—” in that paragraph before “The head of”; and #####

(G)by redesignating paragraph

(5)as paragraph

(4)and inserting “Inapplicability with respect to purchase of initial spares.—” in that paragraph before “This subsection does not”. ####

(3)Amendment to new 3372(b) 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)”. ####

(4)Amendments to new 3372(c) Subsection

(c)of such section 3372, as transferred and redesignated by paragraph (1), is amended— #####

(A)by striking “ Contracts.—(1) Except as provided in ” and inserting > “ Contracts.— > > > #### “(1) 180-day requirement > > Except as provided in” > ; #####

(B)by striking “subsection (b)(1)(A)” and inserting “subsection (a)(1)(A)”; #####

(C)by realigning paragraph

(2)2 ems to the right; and #####

(D)in paragraph (2)— ######

(i)by inserting “Waiver authority.—” before “The requirement”; and ######

(ii)by striking “subsection (b)(4)” and inserting “subsection (a)(3)”. ###

(d)Transfer of Subsections

(d)and

(e)of Section 2326 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. ###

(e)Transfer of Subsection

(f)of Section 2326 ####

(1)Transfer 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— #####

(A)by striking the subsection designation and subsection heading; and #####

(B)by redesignating paragraphs

(1)and

(2)as subsections

(a)and (b), respectively. ####

(2)Amendments to new 3374(a) Subsection

(a)of such section 3374, as so transferred and redesignated, is amended— #####

(A)by inserting “Allowed Profit to Reflect Certain Reduced Cost Risks of Contractor.—” before “The head of an agency”; and #####

(B)by redesignating subparagraphs

(A)and

(B)as paragraphs

(1)and (2), respectively. ####

(3)Amendment to new 3374(b) Subsection

(b)of such section 3374, as so transferred and redesignated, is amended by inserting “Date as of Which Contractor Cost Risk to Be Determined.—” before “If a contractor”. ###

(f)Transfer of Subsection

(g)of Section 2326 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. ###

(g)Transfer of Subsections

(i)and

(j)of Section 2326 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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