10 U.S.C. § 3374 — Undefinitized contractual actions: allowable profit
submitted 5 years ago by Pub. L. 116-283 to r/title-10-ARMED-FORCES · 292 words · no verdicts yet
A translation hasn’t been published for this section yet. The official text below is complete and authoritative.
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 completed reflects—
the possible reduced cost risk of the contractor with respect to costs incurred during performance of the contract before the final price is negotiated;
the reduced cost risk of the contractor with respect to costs incurred during performance of the remaining portion of the contract;
the increased cost risk of the contractor with respect to any costs incurred prior to the award of the undefinitized contractual action when such costs—
would have been directly chargeable to the contract if incurred after the award of the contract; and
were incurred to meet an anticipated contract delivery schedule or anticipated contract price targets of the Government under an acquisition* strategy required under section 4211 of this title; and
the increased cost risk of the contractor with respect to negotiations continuing for more than 180 days beginning on the date on which the contractor submitted the qualifying proposal* to definitize such undefinitized contractual action.
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 qualifying proposal, the head of the agency concerned shall ensure that the profit allowed on the contract accurately reflects the cost risk of the contractor as such risk existed on the date the contractor submitted the qualifying proposal.
Source credit: (Added and amended Pub. L. 116–283, div. A, title XVIII, § 1819(a), (e), Jan. 1, 2021, 134 Stat. 4189, 4190; Pub. L. 119–60, div. A, title VIII, § 814(a), Dec. 18, 2025, 139 Stat. 953.)
- 2021Enacted · Pub. L. 116-283 · 134 Stat. 4189, 4190
- 2025Amended · Pub. L. 119-60 · 139 Stat. 953
A history note hasn’t been published yet. The record shows enactment by Pub. L. 116-283 on 2021-01-01.
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