§ 4004.
Contract authority for development and demonstration 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 3012(2) of this title may contain a contract line item or contract option for—
(1)
the development and demonstration 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.
(c)
Procedures.—
The Secretary of Defense shall establish procedures to collect and analyze information on the use and benefits of the authority under this section and related impacts on performance, affordability, and capability delivery.
(Added [Pub. L. 115–91, div. A, title VIII, § 861(a)(1)], Dec. 12, 2017, [131 Stat. 1493], § 2302e; renumbered § 4004 and amended [Pub. L. 116–283, div. A, title VIII, § 831(a)], title XVIII, §§ 1818(c), 1841(b)(1), Jan. 1, 2021, [134 Stat. 3753], 4243; [Pub. L. 116–283, div. A, title XVIII, § 1841(b)(2)(D)], as added [Pub. L. 117–81, div. A, title XVII, § 1701(u)(2)(F)(i)(V)], Dec. 27, 2021, [135 Stat. 2152]; [Pub. L. 117–81, div. A, title XVII, § 1701(u)(2)(B)], (v)(1)(A), Dec. 27, 2021, [135 Stat. 2151], 2154.)