Sec. 1606. Acquisition strategy for evolved expendable launch vehicle program
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/bill/114/hr/1735/eh/section-1606·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
It is the sense of Congress that— the Secretary of the Air Force needs to develop an updated phased acquisition strategy and contracting plan for the evolved expendable launch vehicle program; beyond the contractual requirements as of the date of the enactment of this Act, in recognition of the emerging competitive environment, the acquisition strategy and contracting plan should eliminate the currently structured evolved expendable launch vehicle launch capability arrangement; in further recognition of the emerging competitive environment, the Secretary should acquire launch services in a manner consistent with a full and open competition; the Secretary should be consistent and fair with evolved expendable launch vehicle providers regarding the requirement for certified cost and pricing data, selection of contract types, and the appropriate audits to protect the taxpayer; and the Secretary should— consider various contracting approaches, including launch capability arrangements with multiple certified providers, to meet the objectives identified in the acquisition strategy developed under subsection (d); and continue to provide the necessary stability in budgeting and acquisition of capabilities as well as the flexibility to the Federal Government to appropriately manage the launch manifest in case of delays in the delivery of satellites or other changes to mission requirements.
The Secretary of the Air Force shall discontinue the evolved expendable launch vehicle launch capability arrangement, as structured as of the date of the enactment of this Act, by the later of— the date on which the Secretary determines that the obligations of the contracts relating to such arrangement, as of the date of the enactment of this Act, have been met; or December 31, 2020. The Secretary may waive paragraph
(1)if the Secretary— determines that such waiver is necessary for the national security interests of the United States; notifies the congressional defense committees of such waiver; and a period of 90 days has elapsed following the date of such notification. In accordance with section 2306a of title 10, United States Code, the Secretary shall— apply consistent and appropriate standards to certified evolved expendable launch vehicle providers with respect to certified cost and pricing data; and conduct the appropriate audits. In accordance with subsections
(b)and
(c)and section 2273 of title 10, United States Code, the Secretary shall develop and carry out a ten-year phased acquisition strategy, including near and long term, for the evolved expendable launch vehicle program. The acquisition strategy under subsection
(d)for the evolved expendable launch vehicle program shall establish a contracting plan for such program that uses competitive procedures (as defined in section 2302 of title 10, United States Code) and ensures that a contract awarded for launch services, capability, or infrastructure— provides the necessary— stability in budgeting and acquisition of capabilities; and flexibility to the Federal Government; and specifically takes into account the effect of— all contracts entered into by the Federal Government with, and any assistance provided by the Federal Government to, certified evolved expendable launch vehicle providers, including the evolved expendable launch vehicle launch capability; the requirements of the Department of Defense, including with respect to launch capabilities and pricing data, that are met by such providers; the cost of integrating a satellite onto a launch vehicle; and any other matters the Secretary considers appropriate. In awarding any contract for launch services in a national security space mission pursuant to a competitive acquisition, the evaluation shall account for the value of the evolved expendable launch vehicle launch capability arrangement per contract line item numbers in the bid price of the offeror as appropriate per launch. Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees, the Permanent Select Committee on Intelligence of the House of Representatives, and the Select Committee on Intelligence of the Senate a report on the acquisition strategy developed under subsection (d).