FEDERAL · 10 U.S.C. · Chapter 243
Omitted
10 U.S.C. § 3345
Title10 — Armed Forces
Chapter243 — OTHER MATTERS RELATING TO AWARDING OF CONTRACTS
Current throughPub. L. 119-99
This text of 10 U.S.C. § 3345 (Omitted) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
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10 U.S.C. § 3345.
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Editorial Notes
Editorial Notes
Codification
Pub. L. 116–283, div. A, title XVIII, §1818(c), Jan. 1, 2021, 134 Stat. 4188, initially transferred section 2302e of this title to this section, to become effective Jan. 1, 2022. Pub. L. 117–81, div. A, title XVII, §1701(v)(1)(A), Dec. 27, 2021, 135 Stat. 2154, repealed section 1818(c) of Pub. L. 116–283, effective as if included therein, which eliminated that transfer, thereby omitting this section before it took effect. Another amendment by Pub. L. 117–81 resulted in the transfer of section 2302e to section 4004 of this title.
Editorial Notes
Amendments
2025—Pub. L. 119–60, div. A, title VIII, §811(a)(4), Dec. 18, 2025, 139 Stat. 948, struck out item 3373 "Undefinitized contractual actions: limitation on inclusion of non-urgent requirements and on modification of scope". Amendment was made pursuant to operation of section 102 of this title.
Statutory Notes and Related Subsidiaries
Implementation and Enforcement of Requirements Applicable to Undefinitized Contractual Actions
Pub. L. 110–181, div. A, title VIII, §809, Jan. 28, 2008, 122 Stat. 216, provided that:
"(a) Guidance and Instructions.—Not later than 180 days after the date of the enactment of this Act [Jan. 28, 2008], the Secretary of Defense shall issue guidance, with detailed implementation instructions, for the Department of Defense to ensure the implementation and enforcement of requirements applicable to undefinitized contractual actions.
"(b) Elements.—The guidance and instructions issued pursuant to subsection (a) shall address, at a minimum—
"(1) the circumstances in which it is, and is not, appropriate for Department of Defense officials to use undefinitized contractual actions;
"(2) approval requirements (including thresholds) for the use of undefinitized contractual actions;
"(3) procedures for ensuring that timelines for the definitization of undefinitized contractual actions are met;
"(4) procedures for ensuring compliance with regulatory limitations on the obligation of funds pursuant to undefinitized contractual actions;
"(5) procedures for ensuring compliance with regulatory limitations on profit or fee with respect to costs incurred before the definitization of an undefinitized contractual action; and
"(6) reporting requirements for undefinitized contractual actions that fail to meet required timelines for definitization or fail to comply with regulatory limitations on the obligation of funds or on profit or fee.
"(c) Reports.—
"(1) Report on guidance and instructions.—Not later than 210 days after the date of the enactment of this Act [Jan. 28, 2008], the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report setting forth the guidance and instructions issued pursuant to subsection (a).
"(2) GAO report.—Not later than two years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the congressional defense committees a report on the extent to which the guidance and instructions issued pursuant to subsection (a) have resulted in improvements to—
"(A) the level of insight that senior Department of Defense officials have into the use of undefinitized contractual actions;
"(B) the appropriate use of undefinitized contractual actions;
"(C) the timely definitization of undefinitized contractual actions; and
"(D) the negotiation of appropriate profits and fees for undefinitized contractual actions."
Codification
Pub. L. 116–283, div. A, title XVIII, §1818(c), Jan. 1, 2021, 134 Stat. 4188, initially transferred section 2302e of this title to this section, to become effective Jan. 1, 2022. Pub. L. 117–81, div. A, title XVII, §1701(v)(1)(A), Dec. 27, 2021, 135 Stat. 2154, repealed section 1818(c) of Pub. L. 116–283, effective as if included therein, which eliminated that transfer, thereby omitting this section before it took effect. Another amendment by Pub. L. 117–81 resulted in the transfer of section 2302e to section 4004 of this title.
Editorial Notes
Amendments
2025—Pub. L. 119–60, div. A, title VIII, §811(a)(4), Dec. 18, 2025, 139 Stat. 948, struck out item 3373 "Undefinitized contractual actions: limitation on inclusion of non-urgent requirements and on modification of scope". Amendment was made pursuant to operation of section 102 of this title.
Statutory Notes and Related Subsidiaries
Implementation and Enforcement of Requirements Applicable to Undefinitized Contractual Actions
Pub. L. 110–181, div. A, title VIII, §809, Jan. 28, 2008, 122 Stat. 216, provided that:
"(a) Guidance and Instructions.—Not later than 180 days after the date of the enactment of this Act [Jan. 28, 2008], the Secretary of Defense shall issue guidance, with detailed implementation instructions, for the Department of Defense to ensure the implementation and enforcement of requirements applicable to undefinitized contractual actions.
"(b) Elements.—The guidance and instructions issued pursuant to subsection (a) shall address, at a minimum—
"(1) the circumstances in which it is, and is not, appropriate for Department of Defense officials to use undefinitized contractual actions;
"(2) approval requirements (including thresholds) for the use of undefinitized contractual actions;
"(3) procedures for ensuring that timelines for the definitization of undefinitized contractual actions are met;
"(4) procedures for ensuring compliance with regulatory limitations on the obligation of funds pursuant to undefinitized contractual actions;
"(5) procedures for ensuring compliance with regulatory limitations on profit or fee with respect to costs incurred before the definitization of an undefinitized contractual action; and
"(6) reporting requirements for undefinitized contractual actions that fail to meet required timelines for definitization or fail to comply with regulatory limitations on the obligation of funds or on profit or fee.
"(c) Reports.—
"(1) Report on guidance and instructions.—Not later than 210 days after the date of the enactment of this Act [Jan. 28, 2008], the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report setting forth the guidance and instructions issued pursuant to subsection (a).
"(2) GAO report.—Not later than two years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the congressional defense committees a report on the extent to which the guidance and instructions issued pursuant to subsection (a) have resulted in improvements to—
"(A) the level of insight that senior Department of Defense officials have into the use of undefinitized contractual actions;
"(B) the appropriate use of undefinitized contractual actions;
"(C) the timely definitization of undefinitized contractual actions; and
"(D) the negotiation of appropriate profits and fees for undefinitized contractual actions."
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Bluebook (online)
10 U.S.C. § 3345, Counsel Stack Legal Research, https://law.counselstack.com/usc/10/3345.