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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

(a) Expanded Authority For Prototype Projects.—Subsection (a)(2) of section 2371b of title 10, United States Code, is amended—

(1) by striking “for a prototype project” each place such term appears and inserting “for a transaction (for a prototype project)”;

(2) in subparagraph (A)—

(A) by striking “$50,000,000” and inserting “$100,000,000”; and

(B) by striking “$250,000,000” and inserting “$500,000,000”; and

(3) in subparagraph (B), by striking “$250,000,000” and inserting “$500,000,000”.

(b) Clarification Of Inclusion Of Small Businesses Participating In SBIR Or STTR.—Subparagraph (B) of section 2371b(d)(1) of title 10, United States Code, is amended by inserting “(including small businesses participating in a program described under section 9 of the Small Business Act (15 U.S.C. 638))” after “small businesses”.

(c) Modification Of Cost Sharing Requirement For Use Of Other Transaction Authority.—Subparagraph (C) of such section is amended by striking “provided by parties to the transaction” and inserting “provided by sources other than”.

(d) Use Of Other Transaction Authority For Ongoing Prototype Projects.—Subsection (f)(1) of section 2371b of title 10, United States Code, is amended by adding at the end the following: “A transaction includes all individual prototype subprojects awarded under the transaction to a consortium of United States industry and academic institutions.”.

The House bill contained a provision (sec. 855) that would modify section 2371b of title 10, United States Code, related to other transactions authority (OTA) to ensure consistency across the language and improve clarity for how the Department of Defense makes determinations when higher level authority is needed to sign off on a specific OTA award.

The Senate amendment contained a similar provision (sec. 871).

The conferees agreed to an amendment that would modify Other Transaction Authorities by incorporating language from the House provision into the Senate provision so that Other Transactions are measured by the size of transactions rather than the size of projects, approval thresholds are increased for service acquisition executives from $50.0 million to $100.0 million and for the Under Secretary of Acquisition, Technology, and Logistics from $100.0 million to $500.0 million, and that contractors participating in small business innovation research and small business technology transfer programs shall be considered small businesses for the purposes of cost sharing requirements.