§ 3372. Undefinitized contractual actions: requirements and limitations relating to definitization of contractual terms, specifications, and price
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/usc/title-10/section-3372A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)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 of the Department of Defense may not enter into an undefinitized contractual action unless the contractual action provides for agreement upon contractual terms, specifications, and price by the earlier of—
(A)the end of the 180-day period beginning on the date on which the contractor submits a qualifying proposal to definitize the contractual terms, specifications, and price; or
(B)the date on which the amount of funds obligated under the contractual action is equal to more than 50 percent of the negotiated overall ceiling price for the contractual action.
(2)Limitation on obligation of funds before definitization.—
(A)50 percent limitation.— Except as provided in subparagraph (B), the contracting officer for an undefinitized contractual action may not obligate with respect to such contractual action an amount that is equal to more than 50 percent of the negotiated overall ceiling price until the contractual terms, specifications, and price are definitized for such contractual action.
(B)75 percent limitation when contractor submits qualifying proposal.— If a contractor submits a qualifying proposal (as defined in section 3377(b) of this title) to definitize an undefinitized contractual action before an amount equal to more than 50 percent of the negotiated overall ceiling price is obligated on such action, the contracting officer for such action may not obligate with respect to such contractual action an amount that is equal to more than 75 percent of the negotiated overall ceiling price until the contractual terms, specifications, and price are definitized for such contractual action.
(3)Waiver authority.— The head of an agency may waive the provisions of this subsection with respect to a contract of that agency if that head of an agency determines that the waiver is necessary in order to support any of the following operations:
(A)A contingency operation.
(B)A humanitarian or peacekeeping operation.
(4)Inapplicability with respect to purchase of initial spares.— This subsection does not apply to an undefinitized contractual action for the purchase of initial spares.
(b)Limitation on Unilateral Definitization by Contracting Officer.—
(1)In general.— With respect to any undefinitized contractual action with a value greater than $50,000,000, if agreement is not reached on contractual terms, specifications, and price within the period or by the date provided in subsection (a)(1), the contracting officer may not unilaterally definitize those terms, specifications, or price over the objection of the contractor until—
(A)the service acquisition executive for the military department that awarded the contract, or the Under Secretary of Defense for Acquisition and Sustainment if the contract was awarded by a Defense Agency or other component of the Department of Defense, approves the definitization in writing;
(B)the contracting officer provides a copy of the written approval to the contractor; and
(C)a period of 30 calendar days has elapsed after the written approval is provided to the contractor.
(2)Treatment of unilateral definitization of a contract as a final decision.— A unilateral definitization by a contracting officer shall be considered a final decision under chapter 71 of title 41, and a contractor may appeal this decision to the Armed Services Board of Contract Appeals or the United States Court of Federal Claims.
(c)Foreign Military Contracts.—
(1)180-day requirement.— Except as provided in paragraph (2), a contracting officer of the Department of Defense may not enter into an undefinitized contractual action for a foreign military sale unless the contractual action provides for agreement upon contractual terms, specifications, and price by the end of the 180-day period described in subsection (a)(1)(A).
(2)Waiver authority.— The requirement under paragraph
(1)may be waived in accordance with subsection (a)(3).
(Added and amended Pub. L. 116–283, div. A, title XVIII, § 1819(a), (c), Jan. 1, 2021, 134 Stat. 4189; Pub. L. 118–159, div. A, title VIII, § 803, Dec. 23, 2024, 138 Stat. 1965.)
Connections15 cite this · traces to 11
Cited by 15 sections · top 13
public-private-law
statutes-at-large
- Public Law 117–263To authorize appropriations for fiscal year 2023 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes
- Public Law 116–283To authorize appropriations for fiscal year 2021 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes
statute-compilations
register
bill
- Sec. 101Repeals of existing law to streamline the defense acquisition process
- Sec. 811Repeals of existing law to streamline the defense acquisition process
- Sec. 811Repeals of existing law to streamline the defense acquisition process
- Sec. 868Repeals of existing law to streamline the defense acquisition process
- Sec. 5861Repeals of existing laws to streamline the defense acquisition process
- Sec. 868Repeals of existing law to streamline the defense acquisition process
Traces to 11 documents
U.S. Code
- Inapplicability to Coast Guard and National Aeronautics and Space Administration; definitions§ 3377
- Repealed. Pub. L. 116–283, div. A, title XVIII, § 1881(a), Jan. 1, 2021, 134 Stat. 4293]§ 2326
- Defense acquisition system; element of the defense acquisition system§ 3001
- Undefinitized contractual actions: requirements and limitations relating to definitization of contractual terms, specifications, and price§ 3372
- Head of an agency§ 3004
public-private-law
- William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021Public Law 116-283
- Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025Public Law 118-159
- National Defense Authorization Act for Fiscal Year 2018Public Law 115-91
- National Defense Authorization Act for Fiscal Year 2017Public Law 114-328
- James M. Inhofe National Defense Authorization Act for Fiscal Year 2023Public Law 117-263
- Coronavirus Aid, Relief, and Economic Security ActPublic Law 116-136
23 references not yet in our index
- 134 Stat. 4189
- 138 Stat. 1965
- Pub. L. 99–500, § 101(c) [title X, § 908(d)(1)(A)]
- 100 Stat. 1783–82
- Pub. L. 99–591, § 101(c) [title X, § 908(d)(1)(A)]
- 100 Stat. 3341–82
- Pub. L. 99–661, div. A, title IX
- 100 Stat. 3920
- Pub. L. 100–26, § 3(5)
- 101 Stat. 273
- Pub. L. 103–355, title I, § 1505(a)
- 108 Stat. 3298
- Pub. L. 105–85, div. A, title VIII, § 803(a)
- 111 Stat. 1831
- 131 Stat. 1462
- Pub. L. 99–500
- Pub. L. 99–591
- Pub. L. 99–661
- 130 Stat. 2268
- 136 Stat. 2746
- Pub. L. 119–60, div. A, title VIII, § 811(b)(1)
- 139 Stat. 948
- 134 Stat. 522
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§ 3372
Undefinitized contractual actions: requirements and limitations relating to definitization of contractual terms, specifications, and price
Bills×7
Pub. L.×2
Stat.×2
U.S.C.×2
Fed. Reg.×1
Stat. Comp.×1
Stat.134 Stat. 4189
Stat.138 Stat. 1965
Pub. L.Pub. L. 99–500, § 101(c) [title X, § 908(d)(1)(A)]
Cites 34 · showing 12Cited by 15 across 6 sources