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)

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 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.

(Added and amended Pub. L. 116–283, div. A, title XVIII, § 1817(a) , (g), Jan. 1, 2021 , 134 Stat. 4186 , 4187; Pub. L. 118–31, div. A, title XVIII, § 1801(a)(27) , Dec. 22, 2023 , 137 Stat. 684 .)