2021 US Code
Title 10 - Armed Forces
Subtitle A - General Military Law
Part V - Acquisition
Subpart C - Contracting Methods and Contract Types
Chapter 242 - Specific Types of Contracts
Sec. 3323 - Cost-plus contracting prohibited for military construction and military family housing projects
| 10 U.S.C. § 3323 (2021) |
| §3323. Cost-plus contracting prohibited for military construction and military family housing projects |
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(a) Prohibition.—A contract entered into by the United States in connection with a military construction project or a military family housing project may not use any form of cost-plus contracting. (b) Applicability.—The prohibition specified in subsection (a)— (1) is in addition to the prohibition specified in section 3322(a) of this title on the use of the cost-plus-a-percentage-of-cost system of contracting; and (2) applies notwithstanding.1 a declaration of war or the declaration by the President of a national emergency under section 201 of the National Emergencies Act (50 U.S.C. 1621) that includes the use of the armed forces. |
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(Added and amended Pub. L. 116–283, div. A, title XVIII, §1817(a), (g), Jan. 1, 2021, 134 Stat. 4186, 4187.) |
| EDITORIAL NOTES
CODIFICATION
The text of subsec. (c) of section 2306 of this title, which was transferred to this section and amended by Pub. L. 116–283, §1817(g), was based on Pub. L. 112–81, div. B, title XXVIII, §2801(a), Dec. 31, 2011, 125 Stat. 1684. AMENDMENTS2021—Subsec. (a). Pub. L. 116–283, §1817(g)(1), (2), redesignated subsec. (c) of section 2306 of this title as subsec. (a) of this section and inserted heading. Former second sentence of subsec. (a) designated subsec. (b). Subsec. (b). Pub. L. 116–283, §1817(g)(1), (3), designated second sentence of subsec. (a) as subsec. (b), inserted heading, and substituted "The prohibition specified in subsection (a)— "(1) is in addition to the prohibition specified in section 3322(a) of this title on the use of the cost-plus-a-percentage-of-cost system of contracting; and "(2) applies notwithstanding. a declaration" for "This prohibition is in addition to the prohibition specified in subsection (a) on the use of the cost-plus-a-percentage-of-cost system of contracting and applies notwithstanding a declaration". STATUTORY NOTES AND RELATED SUBSIDIARIES EFFECTIVE DATE Section and amendment by Pub. L. 116–283 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 an Effective Date of 2021 Amendment note preceding section 3001 of this title. |
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1 So in original. The period probably should not appear. |
| United States Code, 2018 Edition, Supplement 3, Title 10 - ARMED FORCES |
| Bills and Statutes |
| United States Code |
| Y 1.2/5: |
| Title 10 - ARMED FORCES Subtitle A - General Military Law PART V - ACQUISITION Subpart C - Contracting Methods and Contract Types CHAPTER 242 - SPECIFIC TYPES OF CONTRACTS Sec. 3323 - Cost-plus contracting prohibited for military construction and military family housing projects |
| section 3323 |
| 2021 |
| January 3, 2022 |
| Yes |
| standard |
| 125 Stat. 1684 134 Stat. 4186 |
| Public Law 112-81, Public Law 116-283 |
