Sec. 1608. ACQUISITION STRATEGY FOR EVOLVED EXPENDABLE LAUNCH VEHICLE PROGRAM
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## SEC. 1608 ACQUISITION STRATEGY FOR EVOLVED EXPENDABLE LAUNCH VEHICLE PROGRAM **[**[10 U.S.C. 2273 note](/us/usc/t10/s2273)**]** ###
(a)Treatment of Certain Arrangement ####
(1)Discontinuation 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, for— #####
(A)existing contracts using rocket engines designed or manufactured in the Russian Federation by not later than December 31, 2019; and #####
(B)existing contracts using domestic rocket engines by not later than December 31, 2020. ####
(2)Waiver The Secretary may waive paragraph
(1)if the Secretary— #####
(A)determines that such waiver is necessary for the national security interests of the United States; #####
(B)notifies the congressional defense committees of such waiver; and #####
(C)a period of 90 days has elapsed following the date of such notification. ###
(b)Consistent Standards In accordance with section 2306a23 of title 10, United States Code, the Secretary shall— 23Section 1831(j)(1) of Public Law 116-283 amends section 1608(b) by striking “section 2306a” and inserting “chapter 271”. Section 1801(d)(1) of Public Law 116-283 states that amendments made by this title shall take effect on January 1, 2022. ####
(1)apply consistent and appropriate standards to certified evolved expendable launch vehicle providers with respect to certified cost and pricing data; and ####
(2)conduct the appropriate audits. ###
(c)Acquisition Strategy In accordance with subsections
(a)and
(b)and section 2273 of title 10, United States Code, the Secretary shall develop and carry out a 10-year phased acquisition strategy, including near and long term, for the evolved expendable launch vehicle program. ###
(d)Elements The acquisition strategy under subsection
(c)for the evolved expendable launch vehicle program shall— ####
(1)provide the necessary— #####
(A)stability in budgeting and acquisition of capabilities; #####
(B)flexibility to the Federal Government; and #####
(C)procedures for fair competition; and ####
(2)specifically take into account, as appropriate per competition, the effect of— #####
(A)contracts or agreements for launch services or launch capability entered into by the Department of Defense and the National Aeronautics and Space Administration with certified evolved expendable launch vehicle providers; #####
(B)the requirements of the Department of Defense, including with respect to launch capabilities and pricing data, that are met by such providers; #####
(C)the cost of integrating a satellite onto a launch vehicle; and #####
(D)any other matters the Secretary considers appropriate. ###
(e)Competition 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. ###
(f)Report 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 (c).
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Sec. 1608
ACQUISITION STRATEGY FOR EVOLVED EXPENDABLE LAUNCH VEHICLE PROGRAM
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