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10 U.S.C. § 2399 — Untitled legal text

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10 U.S.C. § 2399 — Untitled legal text

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Page 1923 TITLE 10—ARMED FORCES [§ 2406 Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL For effective date and applicability of repeal, see sec- tion 4401 of Pub. L. 104–106, set out as an Effective Date of 1996 Amendment note under section 2220 of this title. [§ 2398. Renumbered § 2922c] [§ 2398a. Renumbered § 2922d] [§ 2399. Renumbered § 4171] Editorial Notes PRIOR PROVISIONS A prior section 2399, added Pub. L. 97–295, § 1(29)(A), Oct. 12, 1982, 96 Stat. 1293, which related to limitation on availability of appropriations to reimburse a con- tractor for the cost of commercial insurance, was re- pealed by Pub. L. 100–370, § 1(f)(2)(B), July 19, 1988, 102 Stat. 846, and was restated in section 2324(e)(1)(L) of this title (now 10 U.S.C. 3744(a)(12)) by section 1(f)(2)(A) of Pub. L. 100–370. [§ 2400. Renumbered § 4231] Editorial Notes PRIOR PROVISIONS A prior section 2400 was renumbered section 4864 of this title. [§ 2401. Transferred] Editorial Notes CODIFICATION Subsecs. (a) to (h) of this section were transferred to chapter 257 of this title by Pub. L. 116–283, div. A, title XVIII, § 1825(a), Jan. 1, 2021, 134 Stat. 4205. Subsecs. (a) and (b) of this section were renumbered as section 3671 of this title by Pub. L. 116–283, div. A, title XVIII, § 1825(b), Jan. 1, 2021, 134 Stat. 4206. Subsec. (c)(1) of this section was renumbered as section 3672(a) of this title by Pub. L. 116–283, div. A, title XVIII, § 1825(d), Jan. 1, 2021, 134 Stat. 4207. Subsec. (c)(2) of this section was re- numbered as section 3673 of this title by Pub. L. 116–283, div. A, title XVIII, § 1825(c), Jan. 1, 2021, 134 Stat. 4206. Subsec. (d) of this section was renumbered as section 3674 of this title by Pub. L. 116–283, div. A, title XVIII, § 1825(f)(1), Jan. 1, 2021, 134 Stat. 4207. Subsec. (e) of this section was renumbered as section 3672(b) of this title by Pub. L. 116–283, div. A, title XVIII, § 1825(e), Jan. 1, 2021, 134 Stat. 4207. Subsec. (f) of this section was re- numbered as section 3675 of this title by Pub. L. 116–283, div. A, title XVIII, § 1825(g)(1), Jan. 1, 2021, 134 Stat. 4208. Subsec. (g) of this section was renumbered as sec- tion 3676 of this title by Pub. L. 116–283, div. A, title XVIII, § 1825(h), Jan. 1, 2021, 134 Stat. 4208. Subsec. (h) of this section was renumbered as section 3677 of this title by Pub. L. 116–283, div. A, title XVIII, § 1825(i), Jan. 1, 2021, 134 Stat. 4208. [§ 2401a. Transferred] Editorial Notes CODIFICATION Subsec. (a) of this section was transferred to chapter 258 of this title and subsec. (b) of this section was transferred to chapter 257 of this title by Pub. L. 116–283, div. A, title XVIII, § 1825(a), Jan. 1, 2021, 134 Stat. 4205. Subsec. (a) of this section was renumbered as section 3681 of this title by Pub. L. 116–283, div. A, title XVIII, § 1825(k), Jan. 1, 2021, 134 Stat. 4208. Subsec. (b) of this section was renumbered as section 3678 of this title by Pub. L. 116–283, div. A, title XVIII, § 1825(j), Jan. 1, 2021, 134 Stat. 4208. PRIOR PROVISIONS A prior section 2401a was renumbered section 2350f of this title. [§ 2402. Renumbered § 4655] [§ 2403. Repealed. Pub. L. 105–85, div. A, title VIII, § 847(a), Nov. 18, 1997, 111 Stat. 1845] Section, added Pub. L. 98–525, title XII, § 1234(a), Oct. 19, 1984, 98 Stat. 2601; amended Pub. L. 99–433, title I, § 110(g)(5), Oct. 1, 1986, 100 Stat. 1004; Pub. L. 100–26, § 7(k)(2), Apr. 21, 1987, 101 Stat. 284; Pub. L. 103–355, title II, § 2402, Oct. 13, 1994, 108 Stat. 3324; Pub. L. 104–106, div. A, title XV, § 1502(a)(21), Feb. 10, 1996, 110 Stat. 505, re- lated to major weapon systems and contractor guaran- tees. [§ 2404. Renumbered § 2922e] [§ 2405. Repealed. Pub. L. 105–85, div. A, title VIII, § 810(a)(1), Nov. 18, 1997, 111 Stat. 1839] Section, added Pub. L. 98–525, title XII, § 1234(a), Oct. 19, 1984, 98 Stat. 2604; amended Pub. L. 102–484, div. A, title VIII, § 813(c), Oct. 23, 1992, 106 Stat. 2453; Pub. L. 103–355, title II, § 2302(a), (b), Oct. 13, 1994, 108 Stat. 3321; Pub. L. 104–106, div. D, title XLIII, § 4321(b)(14), Feb. 10, 1996, 110 Stat. 673, related to limitation on adjustment of shipbuilding contracts. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Pub. L. 105–85, div. A, title VIII, § 810(b), Nov. 18, 1997, 111 Stat. 1839, provided that: ‘‘(1) Except as provided in paragraph (2), the repeal made by subsection (a) [repealing this section] shall be effective with respect to claims, requests for equitable adjustment, and demands for payment under ship- building contracts that have been or are submitted be- fore, on, or after the date of the enactment of this Act [Nov. 18, 1997]. ‘‘(2) Section 2405 of title 10, United States Code, as in effect immediately before the date of the enactment of this Act, shall continue to apply to a contractor’s claim, request for equitable adjustment, or demand for payment under a shipbuilding contract that was sub- mitted before such date if— ‘‘(A) a contracting officer denied the claim, request, or demand, and the period for appealing the decision to a court or board under the Contract Disputes Act of 1978 [see 41 U.S.C. 7101 et seq.] expired before such date; ‘‘(B) a court or board of contract appeals consid- ering the claim, request, or demand (including any appeal of a decision of a contracting officer to deny the claim, request, or demand) denied or dismissed the claim, request, or demand (or the appeal), and the action of the court or board became final and unappealable before such date; or ‘‘(C) the contractor released or releases the claim, request, or demand.’’ [§ 2406. Repealed. Pub. L. 103–355, title II, § 2201(b)(1), Oct. 13, 1994, 108 Stat. 3318] Section, added Pub. L. 99–145, title IX, § 917(a), Nov. 8, 1985, 99 Stat. 689; amended Pub. L. 99–500, § 101(c) [title X, § 943(a)(1)], Oct. 18, 1986, 100 Stat. 1783–82, 1783–162, and Pub. L. 99–591, § 101(c) [title X, § 943(a)(1)], Oct. 30, 1986, 100 Stat. 3341–82, 3341–162; Pub. L. 99–661, div. A, title IX, formerly title IV, § 943(a)(1), Nov. 14, 1986, 100 Stat. 3942, renumbered title IX, Pub. L. 100–26, § 3(5), Apr. 21, 1987, 101 Stat. 273; Pub. L. 100–180, div. A, title XII, § 1231(13), Dec. 4, 1987, 101 Stat. 1160, required con- tractor under covered contract with an agency to make cost and pricing data available to agency in timely manner.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2399 — Renumbered § 4171]

### Statutory Notes #### Prior Provisions A prior section 2399, added Pub. L. 97–295, § 1(29)(A), Oct. 12, 1982, 96 Stat. 1293, which related to limitation on availability of appropriations to reimburse a contractor for the cost of commercial insurance, was repealed by Pub. L. 100–370, § 1(f)(2)(B), July 19, 1988, 102 Stat. 846, and was restated in [section 2324(e)(1)(L) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2324/e/1/L&num=0&edition=prelim) (now [10 U.S.C. 3744(a)(12)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3744/a/12&num=0&edition=prelim)) by section 1(f)(2)(A) of Pub. L. 100–370.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 3744 — Specific costs not allowable

**(a) Specific Costs.—** The following costs are not allowable under a covered contract: (1) Costs of entertainment, including amusement, diversion, and social activities and any costs directly associated with such costs (such as tickets to shows or sports events, meals, lodging, rentals, transportation, and gratuities). (2) Costs incurred to influence (directly or indirectly) legislative action on any matter pending before Congress, a State legislature, or a legislative body of a political subdivision of a State. (3) Costs incurred in defense of any civil or criminal fraud proceeding or similar proceeding (including filing of any false certification) brought by the United States where the contractor is found liable or has pleaded nolo contendere to a charge of fraud or similar proceeding (including filing of a false certification). (4) Payments of fines and penalties resulting from violations of, or failure to comply with, Federal, State, local, or foreign laws and regulations, except when incurred as a result of compliance with specific terms and conditions of the contract or specific written instructions from the contracting officer authorizing in advance such payments in accordance with applicable provisions of the Federal Acquisition Regulation. (5) Costs of membership in any social, dining, or country club or organization. (6) Costs of alcoholic beverages. (7) Contributions or donations, regardless of the recipient. (8) Costs of advertising designed to promote the contractor or its products. (9) Costs of promotional items and memorabilia, including models, gifts, and souvenirs. (10) Costs for travel by commercial aircraft which exceed the amount of the standard commercial fare. (11) Costs incurred in making any payment (commonly known as a “golden parac

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 3744 — Specific costs not allowable

Page 2538 TITLE 10—ARMED FORCES § 3744 agency determines that a proposal for settle- ment of indirect costs submitted by a con- tractor includes a cost determined to be unal- lowable in the case of such contractor before the submission of such proposal, the head of the agency shall assess a penalty against the contractor in an amount equal to two times the amount of the disallowed cost allocated to covered contracts for which a proposal for set- tlement of indirect costs has been submitted. (c) WAIVER OF PENALTY.—The Federal Acquisi- tion Regulation shall provide for a penalty under subsection (b) to be waived in the case of a contractor’s proposal for settlement of indi- rect costs when— (1) the contractor withdraws the proposal be- fore the formal initiation of an audit of the proposal by the Federal Government and re- submits a revised proposal; (2) the amount of unallowable costs subject to the penalty is insignificant; or (3) the contractor demonstrates, to the con- tracting officer’s satisfaction, that— (A) it has established appropriate policies and personnel training and an internal con- trol and review system that provide assur- ances that unallowable costs subject to pen- alties are precluded from being included in the contractor’s proposal for settlement of indirect costs; and (B) the unallowable costs subject to the penalty were inadvertently incorporated into the proposal. (d) APPLICABILITY OF CONTRACT DISPUTES PRO- CEDURE TO DISALLOWANCE OF COST AND ASSESS- MENT OF PENALTY.—An action of the head of an agency under subsection (a) or (b)— (1) shall be considered a final decision for the purposes of section 7103 of title 41; and (2) is appealable in the manner provided in section 7104(a) of title 41. (Added and amended Pub. L. 116–283, d

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Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 7101 — Definitions

In this chapter: (1) **Administrator.—** — The term “Administrator” means the Administrator for Federal Procurement Policy appointed pursuant to [section 1102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1102&num=0&edition=prelim). (2) **Agency board or agency board of contract appeals.—** — The term “agency board” or “agency board of contract appeals” means— (A) the Armed Services Board; (B) the Civilian Board; (C) the board of contract appeals of the Tennessee Valley Authority; or (D) the Postal Service Board established under [section 7105(d)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section7105/d/1&num=0&edition=prelim). (3) **Agency head.—** — The term “agency head” means the head and any assistant head of an executive agency. The term may include the chief official of a principal division of an executive agency if the head of the executive agency so designates that chief official. (4) **Armed services board.—** — The term “Armed Services Board” means the Armed Services Board of Contract Appeals established under [section 7105(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section7105/a/1&num=0&edition=prelim). (5) **Civilian board.—** — The term “Civilian Board” means the Civilian Board of Contract Appeals established under [section 7105(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section7105/b/1&num=0&edition=prelim). (6) **Contracting officer.—** — The term “contracting officer”— (A) means an individual who, by appointment in accordance with applicable regulations, has the authority to make and administer contracts and to make determinations and findings with respe

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Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 7101 — Definitions

Page 177 TITLE 41—PUBLIC CONTRACTS § 7102 HISTORICAL AND REVISION NOTES—CONTINUED Revised Section Source (U.S. Code) Source (Statutes at Large) 6707(e) ........ 41:355. Pub. L. 89–286, § 6, Oct. 22, 1965, 79 Stat. 1035. 6707(f) ........ 41:358. Pub. L. 89–286, § 10, as added Pub. L. 92–473, § 5, Oct. 9, 1972, 86 Stat. 790; Pub. L. 94–273, § 29, Apr. 21, 1976, 90 Stat. 380. In subsection (e), the words ‘‘the definition of ‘reg- ular rate’ under section 7(e) of the Fair Labor Stand- ards Act of 1938 (29 U.S.C. 207(e))’’ are substituted for ‘‘the regular rate under the Fair Labor Standards Act by provisions of section 7(d) thereof ’’ for clarity, to correct the reference to ‘‘the Fair Labor Standards Act’’ in accordance with section 1 of the Fair Labor Standards Act of 1938 (29:201), which provided the short title for the Act, and to correct the reference to ‘‘sec- tion 7(d) thereof ’’ in accordance with section 204(d)(1) of the Fair Labor Standards Amendments of 1966 (Pub- lic Law 89–601, 80 Stat. 836), which amended the Fair Labor Standards Act of 1938 by redesignating section 7(d) as 7(e). In subsection (f), the words ‘‘paragraphs (1) and (2) of section 2’’, which appear in section 10 of the Service Contract Act of 1965, as added by section 5 of Public Law 92–473 (86 Stat. 790), are treated as a reference to paragraphs (1) and (2) of section 2(a) of the Service Con- tract Act of 1965 to reflect the probable intent of Con- gress. The words ‘‘which are entered into during the ap- plicable fiscal year’’, 41:358(1)–(4), and the words ‘‘On and after July 1, 1976’’ are omitted as obsolete. Subtitle III—Contract Disputes Chapter Sec. 71. Contract Disputes ............................... 7101 CHAPTER 71—CONTRACT DISPUTES Sec. 7101. Definitions.

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