Sec. 126. PROCUREMENT AUTHORITY FOR SHIP-TO-SHORE CONNECTOR PROGRAM

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## SEC. 126 PROCUREMENT AUTHORITY FOR SHIP-TO-SHORE CONNECTOR PROGRAM ###

(a)Contract Authority Beginning in fiscal year 2023, the Secretary of the Navy may enter into one or more contracts for the procurement of up to 25 Ship-to-Shore Connector class craft and associated material. ###

(b)Liability Any contract entered into under subsection

(a)shall provide that— ####

(1)any obligation of the United States to make a payment under the contract is subject to the availability of appropriations for that purpose; and ####

(2)the total liability of the Federal Government for termination of the contract shall be limited to the total amount of funding obligated to the contract at the time of termination. ###

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

(a)unless the Secretary of the Navy 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 Ship-to-Shore Connector program: ####

(1)The use of such a contract is consistent with the Chief of Naval Operations’ projected force structure requirements for Ship-to-Shore Connector class craft. ####

(2)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 end cost and appropriated funds by fiscal year, by craft, without the authority provided in subsection (a); #####

(B)the estimated end cost and appropriated funds by fiscal year, by craft, with the authority provided in subsection (a); #####

(C)the estimated cost savings or increase by fiscal year, by craft, 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. ####

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

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

(5)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, including a description of the basis for such estimates. ####

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

(7)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. ###

(d)Milestone Decision Authority Defined In this section, the term “milestone decision authority” has the meaning given that term in section 4251(d) of title 10, United States Code.