SEC. 1840.

Multiyear procurement authority for platforms and components systems

DIVISION A · TITLE XVIII: Revitalization of the Defense Industrial Base · SUBTITLE B: Provisions Relating to Defense Industrial Base Manufacturing

Source
SECTION TEXT · SEC. 1840.

(a) Authority

Subject to the provisions of section 3501 of title 10, United States Code, specified in subsection (c), the head of an agency may enter into one or more multiyear contracts for more than one but not more than seven program years, beginning in fiscal year 2027, for the procurement of the following systems (including items, services, and logistics support associated with those systems and their subsystems):

(1)

Guided Multiple Launch Rocket System (GMLRS).

(2)

6.8mm ammunition.

(3)

Advanced Precision Kill Weapon System (APKWS) (AGR–20 A/B), II / Fixed-Wing, Air Launched, Counter-Unmanned [Aircraft Systems] Ordnance (FALCO) (AGR–20F).

(4)

Lower Tier Air and Missile Defense Sensor (LTAMDS).

(5)

Small Diameter Bomb II (SDB II).

(6)

Air Intercept Missile–9X (AIM–9X).

(7)

Patriot Guidance Enhanced Missile-Tactical (GEM–T).

(8)

Integrated Battle Command System (IBCS).

(9)

Air-Launched Rapid Response Weapon Increment 1 (ARRW Inc 1).

(10)

Army/Navy Transportable Radar Surveillance (TPY–2).

(11)

Javelin CLU (Command Launch Unit).

(12)

FGM–148 Javelin.

(13)

Coyote Block 2C (C–UAS interceptor).

(14)

Sonobuoys (SSQ–36, SSQ–53, SSQ–62, SSQ–101, SSQ–125).

(15)

RIM–162 Evolved Sea Sparrow Missile (ESSM).

(16)

RIM–116 Rolling Airframe Missile (RAM).

(17)

Remote Modular Terminal (RMT).

(18)

Counter Communications System (CCS).

(b) Procurement in conjunction with existing contracts

The systems authorized to be procured under subsection (a) may be procured as additions to existing contracts covering such systems.

(c) Limited applicability of other law

In applying section 3501 of title 10, United States Code, to subsection (a), only the following provisions of that section shall apply:

(1)

Subsection (f).

(2)

Subsection (g), in which the term contract described in subsection (a) shall mean a contract awarded pursuant to the authority of this section.

(3)

Subsection (i)(1).

(4)

Subsection (l)(3).

(d) Certification to congressional defense committees required

The head of an agency may enter into a multiyear contract under subsection (a) only if the head of the agency certifies to the congressional defense committees in writing, not less than 7 days before entry into the contract, each of the following:

(1)

That the use of such a contract is consistent with the projected force structure requirements for the respective program.

(2)

That the use of such a contract will result in—

(A)

savings of the total anticipated costs of carrying out the program through annual contracts; or

(B)

necessary defense industrial base stability not otherwise achievable through annual contracts.

(3)

That there is a reasonable expectation that throughout the contemplated contract period the head of the agency will request funding for the contract at the level required to avoid contract cancellation.

(4)

That there is a stable design for the property to be acquired and the technical risks associated with such property are not excessive.

(5)

That the estimates of both the cost of the contract and the anticipated cost avoidance through the use of a such a contract are realistic.

(6)

That the use of such a contract will promote the national security of the United States.

(7)

That during the fiscal year in which the 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 in section 221 of title 10, United States Code) for such fiscal year will include the funding required to execute the program without cancellation.

(e) Authority for advance procurement

The head of an agency may enter into one or more contracts for advance procurement associated with a program for which authorization to enter into a multiyear contract is provided under subsection (a) and for systems and subsystems associated with such program, in economic order quantities when cost savings are achievable.

(f) Condition for out-year contract payments

A multiyear 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 after fiscal year 2027 is subject to the availability of appropriations for that purpose for such later fiscal year.

(g) Definition

In this section, the term head of an agency means—

(1)

the Secretary of Defense;

(2)

the Secretary of the Army;

(3)

the Secretary of the Navy; or

(4)

the Secretary of the Air Force.