{"data":{"id":"us/48-cfr-217.7404","jurisdiction":"us","citation":"48 CFR 217.7404","heading":"217.7404 Limitations.","body":"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.\n(a) Foreign military sales contracts.\n(1) A contracting officer may not enter into a UCA for a foreign military sale unless—\n(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\n(ii) The contracting officer obtains approval from the head of the contracting activity to enter into a UCA in accordance with 217.7404-1.\n(2) 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:\n(i) A contingency operation.\n(ii) A humanitarian or peacekeeping operation.\n(b) Unilateral definitization by a contracting officer. Any UCA with a value greater than $50 million may not be unilaterally definitized until—\n(1) The earlier of—\n(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\n(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;\n(2) The head of the contracting activity, without power of redelegation, approves the definitization in writing;\n(3) The contracting officer provides a copy of the written approval to the contractor; and\n(4) A period of 30 calendar days has elapsed after the written approval is provided to the contractor.","path":["Title 48—Federal Acquisition Regulations System","CHAPTER 2—DEFENSE ACQUISITION REGULATIONS SYSTEM, DEPARTMENT OF DEFENSE","SUBCHAPTER C—CONTRACTING METHODS AND CONTRACT TYPES","PART 217—SPECIAL CONTRACTING METHODS","Subpart 217.74—Undefinitized Contract Actions"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-48.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:26:29Z","sha256":"bece801ab1a7a61e038fe86c1ad752ae227e8fc0c1691705d9c4bbd2a7e12754","source_id":"us-cfr","stale":true,"prev":"us/48-cfr-217.7403","next":"us/48-cfr-217.7404-1"},"notice":"GroundRules: Original legal text. Not legal advice."}