123STA T . 2 406PUBLIC LA W 111 –8 4 —O CT. 28 , 200 9(1)COVER E DP RO CU RE M E NT.—Thet e rm‘ ‘ cov ere dp roc u re - me n t ’ ’me a n s e i ther o f the fo l lo w in g: ( A ) A procurement descri b ed in section 2304 (f)(2)( D )(ii) of title 10 ,U nited S tates Code. ( B ) A procurement described in section 303(f)(2)(D)(ii) of the F ederal P ropert y and Administrative Services Act of1 9 49 (41 U.S.C. 2 5 3(f)(2)(D)(ii)). (2) H E A DO F ANA G ENC Y .—The term ‘‘head of an agency’’— (A) in the case of a covered procurement as defined in paragraph (1)(A), has the meaning provided in section 2302(1) of title 10, United States Code
and (B) in the case of a covered procurement as defined in paragraph (1)(B), has the meaning provided the term ‘‘agency head’’ in section 309(a) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 259(a)). (3) APPROPR I ATE OFFICIA L .—The term ‘‘appropriate official’’ means— (A) in the case of a covered procurement as defined in paragraph (1)(A), an official designated in section 2304(f)(1)(B) of title 10, United States Code; and (B) in the case of a covered procurement as defined in paragraph (1)(B), an official designated in section 303(f)(1)(B) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(f)(1)(B)). SEC.812 . R E VI SI ON O FD EFENSE S UP P L E M EN T REL A TIN G TO PA Y- MENT OF COSTS PRIOR TO DEFINITI Z ATION. (a) R EVI S ION RE Q UIRED.— N ot later than 1 8 0 days after the date of the enactment of this Act, the Secretary of Defense shall revise the Defense Supplement to the Federal Ac q uisition Regula- tion to ensure that any limitations described in subsection (b) are applicable to all categories of undefiniti z ed contractual actions (including undefinitized tas k orders and delivery orders). (b) L IMITATIONS.—The limitations referred to in subsection (a) are any limitations on the reimbursement of costs and the payment of profits or fees with respect to costs incurred before the definitization of an undefinitized contractual action of the Depart- ment of Defense, including— (1) such limitations as described in part 52.21 6 -26 of the Federal Acquisition Regulation; and (2) any such limitations implementing the requirements of section 809 of the National Defense Authorization Act for Fiscal Y ear 2008 (Public Law 110 – 181; 10 U.S.C. 2326 note). SEC. 81 3 . REVISIONS TO DEFINITIONS RELATING TO CONTRACTS IN IRA Q AND AFG H ANISTAN. (a) REVISIONS TO DEFINITION OF CONTRACT IN I RAQ OR AFG H ANI- STAN.—Section 864(a)(2) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 258; 10 U.S.C. 2302 note) is amended— (1) by striking ‘‘or a task order or delivery order at any tier issued under such a contract’’ and inserting ‘‘a task order or delivery order at any tier issued under such a contract, a grant, or a cooperative agreement’’; (2) by striking in the parenthetical ‘‘or task order or delivery order’’ and inserting ‘‘task order, delivery order, grant, or cooperative agreement’’; Deadlin e .10USC23 2 6 n ot e.
