Pub. L. 115-91, div. A, tit. VIII, subtit. B, sec. 815 (as amended)

LIMITATION ON UNILATERAL DEFINITIZATION.

Year: 2026Length: 261 wordsOfficial source
SEC. 815. LIMITATION ON UNILATERAL DEFINITIZATION. (a) Limitation.—Section 2326 of title 10, United States Code, is amended— (1) by redesignating subsections (c), (d), (e), (f), (g), (h), and (i) as subsections (d), (e), (f), (g), (h), (i), and (j) respectively; and (2) by inserting after subsection (b) the following new subsection (c): “(c) Limitation on Unilateral Definitization by Contracting Officer. 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 (b)(1), the contracting officer may not unilaterally definitize those terms, specifications, or price over the objection of the contractor until— “(1) 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; “(2) the contracting officer provides a copy of the written approval to the contractor; and “(3) a period of 30 calendar days has elapsed after the written approval is provided to the contractor.” . (b) Conforming Amendment.—Section 2326(b)(3) of such title is amended by striking “subsection (g)” and inserting “subsection (h)”. (c) [10 U.S.C. 2326 note] Conforming Regulations.—Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall revise the Department of Defense Supplement to the Federal Acquisition Regulation to implement section 2326 of title 10, United States Code, as amended by this section.
Cross-references to the US Code
10 U.S.C. 2326 note
Pub. L. 115-91, div. A, tit. VIII, subtit. B, sec. 815 (as amended): LIMITATION ON UNILATERAL DEFINITIZATION. | Justis AI