10 U.S.C. § 3323 | Cost-plus contracting prohibited for military construction and military family housing projects

(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)

section 3322(a) of this title is in addition to the prohibition specified in on the use of the cost-plus-a-percentage-of-cost system of contracting; and

(2)

50 U.S.C. 1621 applies notwithstanding a declaration of war or the declaration by the President of a national emergency under section 201 of the National Emergencies Act () that includes the use of the armed forces.

Pub. L. 116–283, div. A, title XVIII, § 1817(a)Jan. 1, 2021134 Stat. 4186 Pub. L. 118–31, div. A, title XVIII, § 1801(a)(27)Dec. 22, 2023137 Stat. 684(Added and amended , (g), , , 4187; , , .)

Editorial Notes

Codification

section 2306 of this title Pub. L. 116–283, § 1817(g)Pub. L. 112–81, div. B, title XXVIII, § 2801(a)Dec. 31, 2011125 Stat. 1684The text of subsec. (c) of , which was transferred to this section and amended by , was based on , , .

Amendments

Pub. L. 118–312023—Subsec. (b)(2). struck out period after “notwithstanding”.

Pub. L. 116–283, § 1817(g)(1)section 2306 of this title2021—Subsec. (a). , (2), redesignated subsec. (c) of as subsec. (a) of this section and inserted heading. Former second sentence of subsec. (a) designated subsec. (b).

Pub. L. 116–283, § 1817(g)(1)Subsec. (b). , (3), designated second sentence of subsec. (a) as subsec. (b), inserted heading, and substituted “The prohibition specified in subsection (a)—

section 3322(a) of this title“(1) is in addition to the prohibition specified in 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

Pub. L. 116–283Jan. 1, 2022section 1801(d) of Pub. L. 116–283 section 3001 of this titleSection and amendment by effective , with additional provisions for delayed implementation and applicability of existing law, see , set out as an Effective Date of 2021 Amendment note preceding .