Sec. 808. USE OF FIXED-PRICE TYPE CONTRACTS FOR CERTAIN MAJOR DEFENSE ACQUISITION PROGRAMS

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## SEC. 808 USE OF FIXED-PRICE TYPE CONTRACTS FOR CERTAIN MAJOR DEFENSE ACQUISITION PROGRAMS ###

(a)In General Section 818 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364) is amended by adding at the end the following new subsection: > > ### “(f) Conditions With Respect to Certain Low-rate Initial Production > > > #### “(1) In general > > The number of low-rate initial production lots associated with a major defense acquisition program may not be more than one if— > > > ##### “(A) > > the milestone decision authority authorizes the use of a fixed-price type contract at the time of a decision on Milestone B approval; and > > > ##### “(B) > > the scope of the work of the fixed-price type contract includes both the development and low-rate initial production of items for such major defense acquisition program. > > > #### “(2) Waiver > > The limitation in paragraph

(1)may be waived by the applicable service acquisition executive or a designee of such executive if— > > > ##### “(A) > > such waiver authority is not delegated to the level of the contracting officer; and > > > ##### “(B) > > written notification of a granted waiver, including the associated rationale, is provided to the congressional defense committees not later than 30 days after issuance of the waiver. > > > #### “(3) Definitions > > In this subsection: > > > ##### “(A) > > The term ‘low-rate initial production’ has the meaning given under section 4231 of title 10, United States Code. > > > ##### “(B) > > The term ‘milestone decision authority’ has the meaning given in section 4211 of title 10, United States Code. > > > ##### “(C) > > The term ‘major defense acquisition program’ has the meaning given in section 4201 of title 10, United States Code. > > > ##### “(D) > > The term ‘Milestone B approval’ has the meaning given in section 4172(e) of title 10, United States Code.” > . ###

(b)Modification of Regulations Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall revise the Department of Defense Supplement to the Federal Acquisition Regulation and any applicable regulations regarding the use of fixed-price type contracts for a major defense acquisition program (as defined in section 4201 of title 10, United States Code) to carry out this section and the amendments made by this section.

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Pub. L. 109-364

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Sec. 808

USE OF FIXED-PRICE TYPE CONTRACTS FOR CERTAIN MAJOR DEFENSE ACQUISITION PROGRAMS

Pub. L.Pub. L. 109-364

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