§217.7404. Limitations.
48 C.F.R. § 217.7404
See PGI 217.7404 for additional guidance on obtaining approval to authorize use of an undefinitized contact action, documentation requirements, and other limitations on their use.
Foreign military sales contracts.
A contracting officer may not enter into a UCA for a foreign military sale unless—
The UCA provides for agreement upon contractual terms, specifications, and price by the end of the 180-day period beginning on the date on which the contractor submits a qualifying proposal; and
The contracting officer obtains approval from the head of the contracting activity to enter into a UCA in accordance with 217.7404-1.
The head of the contracting activity may waive the requirements of paragraph (a)(1) of this section, if a waiver is necessary in order to support any of the following operations:
A contingency operation.
A humanitarian or peacekeeping operation.
Unilateral definitization by a contracting officer. Any UCA with a value greater than $50 million may not be unilaterally definitized until—
The earlier of—
The end of the 180-day period, beginning on the date on which the contractor submits a qualifying proposal to definitize the contractual terms, specifications, and price; or
The date on which the amount of funds expended under the contractual action is equal to more than 50 percent of the negotiated overall not-to-exceed price for the contractual action;
The head of the contracting activity, without power of redelegation, approves the definitization in writing;
The contracting officer provides a copy of the written approval to the contractor; and
A period of 30 calendar days has elapsed after the written approval is provided to the contractor.
Notes, amendments, and revision history
Amendments
[84 FR 39206, Aug. 9, 2019]
Authority
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
Source
Source: 56 FR 36345, July 31, 1991, unless otherwise noted.
Amendments
[84 FR 39206, Aug. 9, 2019]