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

Subtitle B--Amendments to General Contracting Authorities, Procedures, and Limitations

P. L. 118-31

SEC. 822. CLARIFICATION OF OTHER TRANSACTION AUTHORITY FOR INSTALLATION OR FACILITY PROTOTYPING.

(a) In General.--Section 4022(i) of title 10, United States Code,
is amended--

(1) in paragraph (2)--

(A) in subparagraph (A), by inserting ``except for projects carried out for the purpose of repairing a facility,'' before ``not more''; and

(B) in subparagraph (B), by striking ``$200,000,000'' and inserting ``$300,000,000'';

(2) by redesignating paragraph (3) as paragraph (4); and (3) by inserting after paragraph (2) the following new paragraph:

``(3) Use of amounts.--The Secretary of Defense or the Secretary of a military department may carry out prototype projects under the pilot program established under paragraph (1) using amounts available to the Secretary of Defense or the Secretary of a military department (as applicable) for military construction, operation and maintenance, or research, development, test, and evaluation, notwithstanding--

``(A) subchapters I and III of chapter 169 of this title; and

``(B) chapters 221 and 223 of this title.''.

(b) Applicability.--The amendments made by this section shall apply with respect to transactions entered into on or after the date of the enactment of this Act.

Sec. 822--Clarification of other transaction authority for installation or facility prototyping

The House bill contained a provision (sec. 824) that would clarify the authority of the Department of Defense to carry out certain prototype projects.

The Senate amendment contained a similar provision (sec. 2874).

The House recedes with a technical amendment.

H. Rept. 118-125

Section 824--Modification of Approval Authority for High Dollar Other Transactions for Prototypes

This section would resolve an internal inconsistency for the approval of large dollar Other Transaction Agreements (OTAs) for prototype projects and follow-on production OTAs or contracts under the authority of section 4022 of title 10, United States Code.

Currently, when a follow-on production OTA or contract is awarded, the prototype project is already completed but the follow-on OTA or contract has yet to be performed. As such, the existing requirement that the prototype project completion will be met, for these follow-on production OTAs or contracts, is redundant and removed by this provision.

S. Rept. 118-58

Clarification of other transaction authority for installation or facility prototyping (sec. 2874)

The committee recommends a provision that would amend section 4022(i) of title 10, United States Code, to clarify the funding of a prototyping construction authority authorized by sec. 843 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117-263).