Sec. 141. Authority for procurement of economic order quantities for the F–35 aircraft program
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/bill/115/hr/2810/eh/section-141·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Subject to subsection (c), the Secretary of Defense may enter into one or more contracts, beginning with the fiscal year 2018 program year, for the procurement of economic order quantities of the material and equipment described in subsection (b). The material and equipment described in this subsection is material and equipment— that has completed formal hardware qualification testing for the F–35 aircraft program; and is to be used in procurement contracts to be awarded under the F–35 aircraft program in fiscal years 2019 and 2020.
Of the funds authorized to be appropriated by this Act or otherwise made available for the Department of Defense for fiscal year 2018 or any fiscal year thereafter for the F–35 aircraft program, not more than $661,000,000 may be obligated or expended to enter into contracts under subsection (a). The Secretary of Defense may not enter into a contract under subsection
(a)until a period of 15 days has elapsed following the date on which the Secretary submits to the congressional defense committees a written certification that the contract to be entered into under such subsection meets the following conditions: The contract will result in significant cost savings as compared to the total anticipated costs of procuring the property through contracts that are not for economic order quantities. The estimates of the cost of the contract and the anticipated cost savings resulting from the contract are realistic. The minimum need for the property that is to be procured under the contract is expected to remain substantially unchanged during the contract period. There is a reasonable expectation that, throughout the contract period, the head of the relevant military department or defense agency will request funding for the contract at the level required to avoid contract cancellation. The design of the property that is to be procured under the contract is expected to remain substantially unchanged and the technical risks associated with such design are not excessive. Entering into the contract will promote the national security interests of the United States. The contract satisfies the conditions described in subparagraphs
(C)through
(F)of section 2306b(i)(3) of title 10, United States Code.