Sec. 8010. **[**[10 U.S.C. 2306b note](/us/usc/t10/s2306b)**]**
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## SEC. 8010 **[**[10 U.S.C. 2306b note](/us/usc/t10/s2306b)**]** None of the funds provided in this Act shall be available to initiate:
(1)a multiyear contract that employs economic order quantity procurement in excess of $20,000,000 in any one year of the contract or that includes an unfunded contingent liability in excess of $20,000,000; or
(2)a contract for advance procurement leading to a multiyear contract that employs economic order quantity procurement in excess of $20,000,000 in any one year, unless the congressional defense committees have been notified at least 30 days in advance of the proposed contract award: * Provided*, That no part of any appropriation contained in this Act shall be available to initiate a multiyear contract for which the economic order quantity advance procurement is not funded at least to the limits of the Government’s liability: * Provided further*, That no part of any appropriation contained in this Act shall be available to initiate multiyear procurement contracts for any systems or component thereof if the value of the multiyear contract would exceed $500,000,000 unless specifically provided in this Act: * Provided further*, That no multiyear procurement contract can be terminated without 30-day prior notification to the congressional defense committees: * Provided further*, That the execution of multiyear authority shall require the use of a present value analysis to determine lowest cost compared to an annual procurement: * Provided further*, That none of the funds provided in this Act may be used for a multiyear contract executed after the date of the enactment of this Act unless in the case of any such contract— ####
(1)the Secretary of Defense has submitted to Congress a budget request for full funding of units to be procured through the contract and, in the case of a contract for procurement of aircraft, that includes, for any aircraft unit to be procured through the contract for which procurement funds are requested in that budget request for production beyond advance procurement activities in the fiscal year covered by the budget, full funding of procurement of such unit in that fiscal year; ####
(2)cancellation provisions in the contract do not include consideration of recurring manufacturing costs of the contractor associated with the production of unfunded units to be delivered under the contract; ####
(3)the contract provides that payments to the contractor under the contract shall not be made in advance of incurred costs on funded units; and ####
(4)the contract does not provide for a price adjustment based on a failure to award a follow-on contract.
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- 10 USC 2306b
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Sec. 8010
**[**[10 U.S.C. 2306b note](/us/usc/t10/s2306b)**]**
Cite10 USC 2306b
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