Sec. 121. PROCUREMENT AUTHORITY FOR FORD CLASS AIRCRAFT CARRIER PROGRAM

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## SEC. 121 PROCUREMENT AUTHORITY FOR FORD CLASS AIRCRAFT CARRIER PROGRAM ###

(a)Contract Authority ####

(1)Procurement authorized The Secretary of the Navy may enter into one or more contracts, beginning with the fiscal year 2019 program year, for the procurement of one Ford class aircraft carrier to be designated CVN-81. ####

(2)Procurement in conjunction with cvn-80 The aircraft carrier authorized to be procured under paragraph

(1)may be procured as an addition to the contract covering the Ford class aircraft carrier designated CVN-80 that is authorized to be constructed under section 121 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2104). ###

(b)Certification Required A contract may not be entered into under subsection

(a)unless the Secretary of Defense certifies to the congressional defense committees, in writing, not later than 30 days before entry into the contract, each of the following, which shall be prepared by the milestone decision authority for the Ford class aircraft carrier program: ####

(1)The use of such a contract will result in significant savings compared to the total anticipated costs of carrying out the program through annual contracts. In certifying cost savings under the preceding sentence, the Secretary shall include a written explanation of— #####

(A)the estimated obligations and expenditures by fiscal year for CVN-80 and CVN-81, by hull, without the authority provided in subsection (a); #####

(B)the estimated obligations and expenditures by fiscal year for CVN-80 and CVN-81, by hull, with the authority provided in subsection (a); #####

(C)the estimated cost savings or increase by fiscal year for CVN-80 and CVN-81, by hull, with the authority provided in subsection (a); #####

(D)the discrete actions that will accomplish such cost savings or avoidance; and #####

(E)the contractual actions that will ensure the estimated cost savings are realized. ####

(2)There is a reasonable expectation that throughout the contemplated contract period the Secretary of Defense will request funding for the contract at the level required to avoid contract cancellation. ####

(3)There is a stable design for the property to be acquired and that the technical risks associated with such property are not excessive. ####

(4)The estimates of both the cost of the contract and the anticipated cost avoidance through the use of a contract authorized under subsection

(a)are realistic. ####

(5)The use of such a contract will promote the national security of the United States. ####

(6)During the fiscal year in which such contract is to be awarded, sufficient funds will be available to perform the contract in such fiscal year, and the future-years defense program (as defined under section 221 of title 10, United States Code) for such fiscal year will include the funding required to execute the program without cancellation. ####

(7)The contract will be a fixed price type contract. ###

(c)Use of Incremental Funding With respect to a contract entered into under subsection (a), the Secretary of the Navy may use incremental funding to make payments under the contract. No such payments may be obligated after the date that is 11 months after the date on which the fitting out of the aircraft carrier associated with the contract is completed. ###

(d)Liability A contract entered into under subsection

(a)shall provide that the total liability to the Government for termination of the contract entered into shall be limited to the total amount of funding obligated at the time of termination. ###

(e)Condition for Out-year Contract Payments A contract entered into under subsection

(a)shall provide that any obligation of the United States to make a payment under the contract for a fiscal year is subject to the availability of appropriations for that purpose for such fiscal year. ###

(f)Milestone Decision Authority Defined In this section, the term “milestone decision authority” has the meaning given that term in section 2366a(d) of title 10, United States Code.

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Pub. L. 109-364
120 Stat. 2104

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Sec. 121

PROCUREMENT AUTHORITY FOR FORD CLASS AIRCRAFT CARRIER PROGRAM

Pub. L.Pub. L. 109-364

Stat.120 Stat. 2104

Cites 2Cited by 0 across 0 sources