Additional amendments related to undefinitized contractual actions

(a) In general (1) Additional allowed profits Section 3374(a) of title 10, United States Code, is amended— (A) in the heading, by striking certain reduced; (B) in paragraph (1), by striking and at the end; (C) in paragraph (2), by striking the period at the end and inserting a semicolon; and (D) by adding at the end the following new paragraphs: (3) 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— (A) would have been directly chargeable to the contract if incurred after the award of the contract; and (B) 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 (4) 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.. (2) Contract financing progress payment increase Section 3804 of title 10, United States Code, is amended— (A) by striking subsection (b); (B) by redesignating subsection (c) as subsection (b); and (C) by adding at the end the following new subsection: (c) Adjustment to the rate of contract financing If an undefinitized contractual action has not been definitized within 180 days after the contractor submitted a qualifying proposal to definitize such undefinitized contractual action, the contracting officer shall increase the rate of any applicable payments under section 3801 of this title on such undefinitized contractual action by 5 percent without requiring any additional consideration from such contractor.. (b) Regulations Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall revise the Department of Defense Supplement to the Federal Acquisition Regulation to carry out sections 3374(a) and 3804 of title 10, United States Code, as amended by subsection (a).

(a) In general (1) Additional allowed profits Section 3374(a) of title 10, United States Code, is amended— (A) in the heading, by striking certain reduced; (B) in paragraph (1), by striking and at the end; (C) in paragraph (2), by striking the period at the end and inserting a semicolon; and (D) by adding at the end the following new paragraphs: (3) 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— (A) would have been directly chargeable to the contract if incurred after the award of the contract; and (B) 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 (4) 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.. (2) Contract financing progress payment increase Section 3804 of title 10, United States Code, is amended— (A) by striking subsection (b); (B) by redesignating subsection (c) as subsection (b); and (C) by adding at the end the following new subsection: (c) Adjustment to the rate of contract financing If an undefinitized contractual action has not been definitized within 180 days after the contractor submitted a qualifying proposal to definitize such undefinitized contractual action, the contracting officer shall increase the rate of any applicable payments under section 3801 of this title on such undefinitized contractual action by 5 percent without requiring any additional consideration from such contractor.. (b) Regulations Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall revise the Department of Defense Supplement to the Federal Acquisition Regulation to carry out sections 3374(a) and 3804 of title 10, United States Code, as amended by subsection (a).