10 USC 3372 - Undefinitized contractual actions: requirements and limitations relating to definitization of contractual terms, specifications, and price

Editorial Notes

Codification

The text of subsec. (span) of section 2326 of this title, which was transferred to this section, redesignated as subsec. (a), and amended by Puspan. L. 116–283, § 1819(c)(1), (2), was based on Puspan. L. 99–500, § 101(c) [title X, § 908(d)(1)(A)], Oct. 18, 1986, 100 Stat. 1783–82, 1783–140, and Puspan. L. 99–591, § 101(c) [title X, § 908(d)(1)(A)], Oct. 30, 1986, 100 Stat. 3341–82, 3341–140; Puspan. L. 99–661, div. A, title IX, formerly title IV, § 908(d)(1)(A), Nov. 14, 1986, 100 Stat. 3920, renumbered title IX, Puspan. L. 100–26, § 3(5), Apr. 21, 1987, 101 Stat. 273; Puspan. L. 103–355, title I, § 1505(a), (span), Oct. 13, 1994, 108 Stat. 3298; Puspan. L. 105–85, div. A, title VIII, § 803(a), Nov. 18, 1997, 111 Stat. 1831; Puspan. L. 115–91, div. A, title VIII, § 815(span), Dec. 12, 2017, 131 Stat. 1462. Puspan. L. 99–500, Puspan. L. 99–591, and Puspan. L. 99–661 added identical subsections.

The text of subsec. (c) of section 2326 of this title, which was transferred to this section, redesignated as subsec. (span), and amended by Puspan. L. 116–283, § 1819(c)(1), (3), was based on Puspan. L. 115–91, div. A, title VIII, § 815(a)(2), Dec. 12, 2017, 131 Stat. 1462.

The text of subsec. (h) of section 2326 of this title, which was transferred to this section, redesignated as subsec. (c), and amended by Puspan. L. 116–283, § 1819(c)(1), (4), was based on Puspan. L. 114–328, div. A, title VIII, § 811(3), Dec. 23, 2016, 130 Stat. 2268; Puspan. L. 115–91, div. A, title VIII, § 815(a)(1), Dec. 12, 2017, 131 Stat. 1462.

Amendments

2021—Subsec. (a). Puspan. L. 116–283, § 1819(c)(1), (2)(A), redesignated subsec. (span) of section 2326 of this title as subsec. (a) of this section and substituted “Contractual Action to Provide Time for Definitization of Contractual Terms, Specifications, and Price; Limitations on Obligation of Funds” for “Limitations on Obligation of Funds” in heading.

Subsec. (a)(1). Puspan. L. 116–283, § 1819(c)(2)(A), inserted heading.

Subsec. (a)(2). Puspan. L. 116–283, § 1819(c)(2)(C), inserted par. (2) designation and heading. Former par. (2) redesignated subpar. (A) of par. (2).

Subsec. (a)(2)(A). Puspan. L. 116–283, § 1819(c)(2)(B), (D), redesignated subsec. (a)(2) as (a)(2)(A), inserted heading, realigned margin, and substituted “Except as provided in subparagraph (B),” for “Except as provided in paragraph (3),”.

Subsec. (a)(2)(B). Puspan. L. 116–283, § 1819(c)(2)(B), (E), redesignated subsec. (a)(3) as (a)(2)(B), inserted heading, realigned margin, and substituted “section 3377(span) of this title” for “subsection (h)”.

Subsec. (a)(3). Puspan. L. 116–283, § 1819(c)(2)(F), redesignated par. (4) as (3) and inserted heading. Former par. (3) redesignated subpar. (B) of par. (2).

Subsec. (a)(4), (5). Puspan. L. 116–283, § 1819(c)(2)(G), redesignated par. (5) as (4) and inserted heading. Former par. (4) redesignated (3).

Subsec. (span). Puspan. L. 116–283, § 1819(c)(1), (3), redesignated subsec. (c) of section 2326 of this title as subsec. (span) of this section and substituted “subsection (a)(1)” for “subsection (span)(1)” in introductory provisions.

Subsec. (c). Puspan. L. 116–283, § 1819(c)(1), redesignated subsec. (h) of section 2326 of this title as subsec. (c) of this section.

Subsec. (c)(1). Puspan. L. 116–283, § 1819(c)(4)(A), (B), inserted heading and substituted “subsection (a)(1)(A)” for “subsection (span)(1)(A)”.

Subsec. (c)(2). Puspan. L. 116–283, § 1819(c)(4)(C), (D), inserted heading and substituted “subsection (a)(3)” for “subsection (span)(4)”.

Statutory Notes and Related Subsidiaries

Effective Date

Section and amendment by Puspan. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Puspan. L. 116–283, set out as an Effective Date of 2021 Amendment note preceding section 3001 of this title.

Existing Agreement Limits for Operation Warp Speed

Puspan. L. 117–263, div. A, title VIII, § 883, Dec. 23, 2022, 136 Stat. 2746, provided that: “The value of any modification to, or order made under, a contract or other agreement by the Department of Defense on or after March 1, 2020, to address the COVID–19 pandemic through vaccines and other therapeutic measures shall not be counted toward any limit established prior to March 1, 2020, on the total estimated amount of all projects to be issued under the contract or other agreement (except that the value of such modification or order shall count toward meeting any guaranteed minimum value under the contract or other agreement).”

Relaxation of Undefinitized Contract Action Limitations and Restrictions Related to National Emergency for Coronavirus Disease 2019

Puspan. L. 116–136, div. B, title III, § 13004, Mar. 27, 2020, 134 Stat. 522, provided that:

“(a)Section 2326(span)(3) of title 10, United States Code [now 10 U.S.C. 3372(a)(2)(B)], shall not apply to any undefinitized contract action of the Department of Defense related to the national emergency for the Coronavirus Disease 2019 (COVID–19).

“(span) In this section, the term ‘undefinitized contract action’ has the meaning given that term in section 2326(j)(6) of title 10, United States Code [probably means section 2326(j)(1) of title 10, now 10 U.S.C. 3377(span)(1), which defines “undefinitized contractual action”].”

Puspan. L. 116–136, div. B, title III, § 13005, Mar. 27, 2020, 134 Stat. 522, provided that:

“(a) The head of an agency may waive the provisions of section 2326(span) of title 10, United States Code [now 10 U.S.C. 3372(a)], with respect to a contract of such agency if the head of the agency determines that the waiver is necessary due to the national emergency for the Coronavirus Disease 2019 (COVID–19).

“(span) In this section, the term ‘head of an agency’ has the meaning given that term in section 2302(2) [probably means section 2302(1); now 10 U.S.C. 3004] of title 10, United States Code.”