Sec. 128. PROCUREMENT AUTHORITIES FOR JOHN LEWIS-CLASS FLEET REPLENISHMENT OILER SHIPS

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## SEC. 128 PROCUREMENT AUTHORITIES FOR JOHN LEWIS-CLASS FLEET REPLENISHMENT OILER SHIPS ###

(a)Contract Authority ####

(1)Procurement authorized During fiscal years 2023 and 2024, the Secretary of the Navy may enter into one or more contracts for the procurement of not more than eight John Lewis-class fleet replenishment oiler ships. ####

(2)Procurement in conjunction with existing contracts The ships authorized to be procured under paragraph

(1)may be procured as additions to existing contracts covering the John Lewis-class fleet replenishment oiler ship program. ###

(b)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 John Lewis-class fleet replenishment oiler ship program: ####

(1)The use of such a contract is consistent with the Department of the Navy’s projected force structure requirements for such ships. ####

(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 hull, without the authority provided in subsection (a); #####

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

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

(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. ####

(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, 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. ###

(c)Authority for Advance Procurement The Secretary of the Navy may enter into one or more contracts for advance procurement associated with a ship or ships for which authorization to enter into a contract is provided under subsection (a), and for systems and subsystems associated with such ships in economic order quantities when cost savings are achievable. ###

(d)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. ###

(e)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.