; (B) terminate an existing contract, grant, or cooperative agreement for default; or (C) void in whole or in part an existing contract, grant, or cooperative agreement. (5) Covered solicitation The term covered solicitation means any Department of Defense solicitation for work for which the place of performance is outside of the United States. . (d) Effective date The amendments made by this section shall take effect not later than 180 days after the enactment of this Act, and shall apply to covered solicitations issued and covered contracts, grants, or cooperative agreements (as that term is defined in section 843 of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015, as amended by subsection (c)) awarded on or after such date, and to task and delivery orders that have been issued on or after such date pursuant to covered contracts, grants, or cooperative agreements that are awarded before, on, or after such date. 813. Enhancement of Department of Defense capabilities to prevent contractor fraud (a) Withholding of contractual payments Subsection (a) of section 4651 of title 10, United States Code, is amended— (1) in paragraph (1), by striking ; and and inserting a semicolon; (2) in paragraph (2)— (A) by striking clause (1) and inserting paragraph (1) ; and (B) by striking at least three, but not more than 10, as determined by the Secretary or his designee, times the cost incurred by the contractor in giving gratuities to the officer, official, or employee concerned. and inserting of up to 10 percent of the total contract award amount; ; (3) by inserting after paragraph (2) the following new paragraphs: (3) with respect to a contract that could have been terminated under paragraph (1) but for the completion of performance of the contract, the United States is entitled to exemplary damages as set forth in paragraph (2)