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10 U.S.C. § 3377 — Inapplicability to Coast Guard and National Aeronautics and Space Administration; definitions
Federal law — U.S. Code and appendices · legal_authorities
**(a) Applicability.—** This chapter does not apply to the Coast Guard or the National Aeronautics and Space Administration.
**(b) Definitions.—** In this chapter:
(1) The term “undefinitized contractual action” means a new procurement action entered into by the head of an agency for which the contractual terms, specifications, or price are not agreed upon before performance is begun under the action. Such term does not include contractual actions with respect to the following:
(A) Purchases in an amount not in excess of the amount of the simplified acquisition threshold.
(B) Special access programs.
(C) Congressionally mandated long-lead procurement contracts.
(2) The term “qualifying proposal” means a proposal that contains sufficient information to enable the Department of Defense to conduct a meaningful audit of the information contained in the proposal.
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Source file: Laws/federal/codes/united-states-code/title-10/section-3377-inapplicability-to-coast-guard-and-national-aeronautics-and-space-admini--2e73e630f4.md
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Source location: Title 10, Chapter 244, § 3377; chapter-244-undefinitized-contractual-actions.md
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**(a) Applicability.—** This chapter does not apply to the Coast Guard or the National Aeronautics and Space Administration.
**(b) Definitions.—** In this chapter:
(1) The term “undefinitized contractual action” means a new procurement action entered into by the head of an agency for which the contractual terms, specifications, or price are not agreed upon before performance is begun under the action. Such term does not include contractual actions with respect to the following:
(A) Purchases in an amount not in excess of the amount of the simplified acquisition threshold.
(B) Special access programs.
(C) Congressionally mandated long-lead procurement contracts.
(2) The term “qualifying proposal” means a proposal that contains sufficient information to enable the Department of Defense to conduct a meaningful audit of the information contained in the proposal.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Officers Eligible for Consideration For Vacancy Promotions Below Brigadier General.—** A reserve officer of the Army who is in the Army Reserve, or a reserve officer of the Air Force who is in the Air Force Reserve, who is on the reserve active-status list in the grade of first lieutenant, captain, major, or lieutenant colonel is eligible for consideration for promotion to the next higher grade under this section if each of the following applies:
(1) The officer is occupying or, under regulations prescribed by the Secretary concerned, has been recommended to occupy a position in the same competitive category as the officer and for which a grade higher than the one held by that officer is authorized.
(2) The officer is fully qualified to meet all requirements for the position as established by the Secretary of the military department concerned.
(3) The officer has held the officer’s present grade for the minimum period of service prescribed in [section 14303 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14303&num=0&edition=prelim) for eligibility for consideration for promotion to the higher grade.
**(b) Consideration for Vacancy Promotion to Brigadier General or Major General.—**
(1) A reserve officer of the Army who is in the Army Reserve and on the reserve active-status list in the grade of colonel or brigadier general may be considered for promotion to the next higher grade under this section if the officer (A) is assigned to the duties of a general officer of the next higher reserve grade in the Army Reserve or is recommended for such an assignment under regulations prescribed by the Secretary of the Army, (B) has held the officer’s present grade for the minimum period of service prescribed in [section 14303 of
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 14315
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, added Pub. L. 99–500, § 101(c) [title X, § 908(d)(1)(A)], Oct. 18, 1986, 100 Stat. 1783–82, 1783–140, and Pub. L. 99–591, § 101(c) [title X, § 908(d)(1)(A)], Oct. 30, 1986, 100 Stat. 3341–82, 3341–140; Pub. L. 99–661, div. A, title IX, formerly title IV, § 908(d)(1)(A), Nov. 14, 1986, 100 Stat. 3920, renumbered title IX, Pub. L. 100–26, § 3(5), Apr. 21, 1987, 101 Stat. 273; amended Pub. L. 101–189, div. A, title XVI, § 1622(c)(6), Nov. 29, 1989, 103 Stat. 1604; Pub. L. 102–25, title VII, § 701(d)(5), Apr. 6, 1991, 105 Stat. 114; Pub. L. 103–355, title I, § 1505, Oct. 13, 1994, 108 Stat. 3298; Pub. L. 105–85, div. A, title VIII, § 803(a), Nov. 18, 1997, 111 Stat. 1831; Pub. L. 114–328, div. A, title VIII, § 811, Dec. 23, 2016, 130 Stat. 2268; Pub. L. 115–91, div. A, title VIII, § 815(a), (b), Dec. 12, 2017, 131 Stat. 1462; Pub. L. 116–92, div. A, title IX, § 902(50), Dec. 20, 2019, 133 Stat. 1548; Pub. L. 116–283, div. A, title XVIII, § 1819(b), (c)(1), (d), (e)(1), (f), (g), Jan. 1, 2021, 134 Stat. 4189–4191, related to restrictions for undefinitized contractual actions. See, generally, chapter 244 of this title.
#### Prior Provisions
A prior section 2326 was renumbered [section 2346 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2346&num=0&edition=prelim).
#### Effective Date of Repeal
Repeal effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding [section 3001 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3001&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Acceptance.—** An officer who is appointed to a higher grade under this chapter shall be considered to have accepted the appointment on the date on which the appointment is made unless the officer expressly declines the appointment or is granted a delay of promotion under [section 14312 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14312&num=0&edition=prelim).
**(b) Oath.—** An officer who has served continuously since taking the oath of office prescribed in [section 3331 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3331&num=0&edition=prelim) is not required to take a new oath upon appointment to a higher grade under this chapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 14309
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means—
(1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense;
(2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and
(3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense.
**(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that—
(1) employs members of the acquisition workforce;
(2) carries out acquisition functions; and
(3) focuses primarily on acquisition.
**(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3001
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Federal law — U.S. Code and appendices · legal_authorities
Page 2476
TITLE 10—ARMED FORCES
§ 3374
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section and amendment by Pub. L. 116–283 effective
Jan. 1, 2022, with additional provisions for delayed im-
plementation and applicability of existing law, see sec-
tion 1801(d) of Pub. L. 116–283, set out as an Effective
Date of 2021 Amendment note preceding section 3001 of
this title.
§ 3374. Undefinitized contractual actions: allow-
able profit
(a) ALLOWED PROFIT TO REFLECT CERTAIN RE-
DUCED COST RISKS OF CONTRACTOR.—The head of
an agency shall ensure that the profit allowed
on an undefinitized contractual action for which
the final price is negotiated after a substantial
portion of the performance required is com-
pleted reflects—
(1) the possible reduced cost risk of the con-
tractor with respect to costs incurred during
performance of the contract before the final
price is negotiated; and
(2) the reduced cost risk of the contractor
with respect to costs incurred during perform-
ance of the remaining portion of the contract.
(b) DATE AS OF WHICH CONTRACTOR COST RISK
TO BE DETERMINED.—If a contractor submits a
qualifying proposal to definitize an undefinitized
contractual action and the contracting officer
for such action definitizes the contract after the
end of the 180-day period beginning on the date
on which the contractor submitted the quali-
fying proposal, the head of the agency concerned
shall ensure that the profit allowed on the con-
tract accurately reflects the cost risk of the
contractor as such risk existed on the date the
contractor submitted the qualifying proposal.
(Added and amended Pub. L. 116–283, div. A, title
XVIII, § 1819(a), (e), Jan. 1, 2021, 134 Stat. 4189,
4190.)
Editorial Notes
CODIFICATION
The text of subsec. (f) of
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 3377
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