Sec. 138. PROCUREMENT AUTHORITY FOR OVER-THE-HORIZON RADAR SYSTEMS

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## SEC. 138 PROCUREMENT AUTHORITY FOR OVER-THE-HORIZON RADAR SYSTEMS ###

(a)In General As soon as practicable after the date of the enactment of this Act, the Secretary of the Air Force shall seek to enter into one or more contracts for the procurement of up to six over-the-horizon radar systems that meet the requirements of the United States Northern Command with respect to the detection of increasingly complex threats. ###

(b)Use of Competitive Procedures and Sole-source Contracts ####

(1)Initial contracts With respect to the award of a contract for the procurement of the first two over-the-horizon radar systems under subsection (a)— #####

(A)the Secretary of the Air Force may use procedures other than competitive procedures (in accordance with section 3204 of title 10, United States Code) if the Secretary determines it is not feasible to use competitive procedures; and #####

(B)if the Secretary makes a determination to award a sole source contract for such procurement in order to meet the requirements established by the Commander of the United States Northern Command, not later than 14 days after making such determination, the Secretary shall submit to the congressional defense committees a notification of such determination, including the rationale for such determination. ####

(2)Subsequent contracts The Secretary of the Air Force shall use competitive procedures for the award of a contract for the procurement of the third and any subsequent over-the-horizon radar systems under subsection (a). ####

(3)Competitive procedures defined In this section, the term “competitive procedures” has the meaning given that term in section 3012 of title 10, United States Code.