Sec. 106. Launch services
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/bill/114/hr/4945/ih/section-106·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Beginning January 1, 2023, in awarding a contract for the procurement of property or services for space launch activities, the Secretary of Defense shall treat any offer that proposes the use of a rocket engine described in paragraph
(2)as costing the Federal Government 25 percent less than the price listed in the offer. A rocket engine described in this paragraph is a rocket engine that uses articles, materials, and supplies that are allowable under section 8302(a)(1) of title 41, United States Code, in an acquisition for public use and are not subject to an exception under chapter 83 of such title (popularly known as the Buy American Act ). Not later than one year after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Principal Defense Space Advisor designated under section 2279d of title 10, United States Code, as added by section 101(c)(1), and the Director of the Space Test Program, shall establish a program to competitively award not fewer than four launch services contracts for venture-class launch missions. Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2017 to the Secretary of the Air Force, not less than $27,600,000 shall be obligated or expended to carry out the program established under subsection (a). Section 2273a(c) of title 10, United States Code, is amended— by striking The mission and inserting
(1)In accordance with paragraph (2), the mission ; by redesignating paragraphs
(1)and
(2)as subparagraphs
(A)and (B), respectively; and by adding at the end the following new paragraph (2): The head of the Office shall ensure that, in developing the capabilities for operationally responsive space, the Office prioritizes market research and the identification of commercial capabilities and services. Before commencing the development of any program, the head of the Office shall certify to the congressional defense committees that no commercial capability or service, with or without minor modifications, can meet the requirements for which such program is being developed. . Not later than 180 days after the date of the enactment of this Act, the Director of the Office of Operationally Responsive Space shall provide to the congressional defense committees a briefing outlining any rapid acquisition authority available to any other official of the Department of Defense that is not also available to the Director. Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2017 for the Air Force for foreign comparative testing, not less than $4,000,000 shall be obligated or expended to conduct studies on the potential for non-domestic launch services providers domiciled on the territory of allies of the United States to serve as a backup to perform national security missions.