---
kind: "section"
citation: "48 C.F.R. § 217.7404"
title: "48"
number: "217.7404"
heading: "Limitations."
url: "https://uscodex.org/cfr/48/217.7404"
---

# §217.7404. Limitations.


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.

- (a) **Foreign military sales contracts.**
  - (1) A contracting officer may not enter into a UCA for a foreign military sale unless—
    - (i) 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
    - (ii) The contracting officer obtains approval from the head of the contracting activity to enter into a UCA in accordance with 217.7404-1.
  - (2) The head of the contracting activity may waive the requirements of [paragraph (a)(1)](#a-1) of this section, if a waiver is necessary in order to support any of the following operations:
    - (i) **A contingency operation.**
    - (ii) **A humanitarian or peacekeeping operation.**
- (b) **Unilateral definitization by a contracting officer.** Any UCA with a value greater than $50 million may not be unilaterally definitized until—
  - (1) **The earlier of—**
    - (i) 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
    - (ii) 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;
  - (2) The head of the contracting activity, without power of redelegation, approves the definitization in writing;
  - (3) The contracting officer provides a copy of the written approval to the contractor; and
  - (4) **A period of 30 calendar days has elapsed after the written approval is provided to the contractor.**

## Notes

### 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]