10 U.S.C. § 3323

1. (a)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.
2. (b)The prohibition specified in subsection (a)—
   1. (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. (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.