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10 U.S.C. § 3375 — Undefinitized contractual actions: time limit
Federal law — U.S. Code and appendices · legal_authorities
No undefinitized contractual action may extend beyond 90 days without a written determination by the Secretary of the military department concerned, the head of the Defense Agency concerned, the commander of the combatant command concerned, or the Under Secretary of Defense for Acquisition and Sustainment (as applicable) that it is in the best interests of the military department, the Defense Agency, the combatant command, or the Department of Defense, respectively, to continue the action.
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Source file: Laws/federal/codes/united-states-code/title-10/section-3375-undefinitized-contractual-actions-time-limit--a4b8b65eeb.md
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Source location: Title 10, Chapter 244, § 3375; chapter-244-undefinitized-contractual-actions.md
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No undefinitized contractual action may extend beyond 90 days without a written determination by the Secretary of the military department concerned, the head of the Defense Agency concerned, the commander of the combatant command concerned, or the Under Secretary of Defense for Acquisition and Sustainment (as applicable) that it is in the best interests of the military department, the Defense Agency, the combatant command, or the Department of Defense, respectively, to continue the action.
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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) 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).
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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
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