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TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS

Subtitle G - Provisions Relating to Other Transaction Authority and Prototyping

P. L. 115-

House Conference Report. 115-404

SEC. 861. CONTRACT AUTHORITY FOR ADVANCED DEVELOPMENT OF INITIAL OR ADDITIONAL PROTOTYPE UNITS.

(a) Permanent Authority.—

(1) IN GENERAL.—Chapter 137 of title 10, United States Code, is amended by inserting after section 2302d the following new section:

Ҥ 2302e. Contract authority for advanced development of initial or additional prototype units

“(a) Authority.—A contract initially awarded from the competitive selection of a proposal resulting from a general solicitation referred to in section 2302(2)(B) of this title may contain a contract line item or contract option for—

“(1) the provision of advanced component development, prototype, or initial production of technology developed under the contract; or

“(2) the delivery of initial or additional items if the item or a prototype thereof is created as the result of work performed under the contract.

“(b) Limitations.—

“(1) MINIMAL AMOUNT.—A contract line item or contract option described in subsection (a)(2) shall require the delivery of the minimal amount of initial or additional items to allow for the timely competitive solicitation and award of a follow-on development or production contract for those items.

“(2) TERM.—A contract line item or contract option described in subsection (a) shall be for a term of not more than 2 years.

“(3) DOLLAR VALUE OF WORK.—The dollar value of the work to be performed pursuant to a contract line item or contract option described in subsection (a) may not exceed $100,000,000, in fiscal year 2017 constant dollars.

“(4) APPLICABILITY.—The authority provided in subsection (a) applies only to the Secretary of Defense, the Secretary of the Army, the Secretary of the Navy, and the Secretary of the Air Force.”.

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2302d the following new item:

“2302e. Contract authority for advanced development of initial or additional prototype units.”.

(b) Repeal Of Obsolete Authority.—Section 819 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 2302 note) is hereby repealed.

Contract authority for advanced development of initial or additional prototype units (sec. 861)

The Senate amendment contained a provision (sec. 814) that would amend chapter 137 of title 10, United States Code, and would add a new section related to the contract authority allowed for advanced development of initial or additional prototype units.

The House bill contained no similar provision.

The House recedes with an amendment that would change the dollar value of work to $100.0 million in fiscal year 2017 constant dollars and would strike the modification of competitive procedures definition.

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