§ 4424. Mechanisms to speed deployment of successful weapon system component or technology prototypes

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(a)Selection of Prototype Project for Production and Rapid Fielding.— A weapon system component or technology prototype project may be selected by the service acquisition executive of the military department concerned for a follow-on production contract or other transaction without the use of competitive procedures, notwithstanding the requirements of sections 3201 through 3205 of this title, if—

(1)the follow-on production project addresses a high priority warfighter need or reduces the costs of a weapon system;

(2)competitive procedures were used for the selection of parties for participation in the original prototype project;

(3)the participants in the original prototype project successfully completed the requirements of the project; and

(4)a prototype of the system to be procured was demonstrated in a relevant environment.

(b)Special Transfer Authority.—

(1)The Secretary of a military department may, as specified in advance by appropriations Acts, transfer funds that remain available for obligation in procurement appropriation accounts of the military department to fund the low-rate initial production of the rapid fielding project until required funding for full-rate production can be submitted and approved through the regular budget process of the Department of Defense.

(2)The funds transferred under this subsection to fund the low-rate initial production of a rapid fielding project shall be for a period not to exceed two years, the amount for such period may not exceed $50,000,000, and the special transfer authority provided in this subsection may not be used more than once to fund procurement of a particular new or upgraded system.

(3)The special transfer authority provided in this subsection is in addition to any other transfer authority available to the Department of Defense.

(c)Notification to Congress.— Within 30 days after the service acquisition executive of a military department selects a weapon system component or technology project for a follow-on production contract or other transaction, the service acquisition executive shall notify the congressional defense committees of the selection and provide a brief description of the rapid fielding project.

(Added Pub. L. 114–328, div. A, title VIII, § 806(a)(1), Dec. 23, 2016, 130 Stat. 2259, § 2447d; renumbered § 4424 and amended Pub. L. 116–283, div. A, title XVIII, § 1851(c)(1), (4), Jan. 1, 2021, 134 Stat. 4272, 4273.)

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