Page:United States Statutes at Large Volume 100 Part 4.djvu/747

 PUBLIC LAW 99-591—OCT. 30, 1986

100 STAT. 3341-142

(2) Section 2326 of title 10, United States Code (as added by subsection (d)(D), applies to undefinitized contractual actions that are entered into after the end of the 180-day period beginning on the date of the enactment of this Act. (e) DEFINITION.—For purposes of this section, the term "undefinitized contractual action" has the meaning given such term in section 2325(g) of title 10, United States Code (as added by subsection (d)(D). SEC. 909. COMPETITIVE PROTOTYPE STRATEGY REQUIREMENT FOR MAJOR DEFENSE ACQUISITION PROGRAMS. (a) ESTABLISHMENT OF REQUIREMENT.—Chapter 139 of title 10, United States Code, is amended by adding after section 2364 (as added by section 234) the following new section: "§ 2365. Competitive prototype strategy requirement: major defense acquisition programs "(a) COMPETITIVE PROTOTYPE STRATEGY REQUIREMENT.—Except as

provided in subsection (c), the Secretary of Defense shall require the use of a competitive protot3T)e program strategy in the development of a major weapons system (or a subsystem of such system). "(b) QuAUFYiNG STRATEGIES.—An acquisition strategy qualifies as a competitive prototjT)e strategy if it— "(1) requires that contracts be entered into with not less than two contractors, using the same combat performance requirements, for the competitive design and manufacture of a protot3rpe system or subsystem for developmental test and evaluation; C "(2) requires that all systems or subsystems developed under contracts described in paragraph (1) be tested in a comparative side-by-side test that is designed to— "(A) reproduce combat conditions to the extent practicable; and "(B) determine which system or subsystem is most effective under such conditions; and "(3) requires that each contractor that develops a prototype system or subsystem, before the testing described in subparagraph (B) is begun, submit— "(A) cost estimates for full-scale engineering development and the basis for such estimates; and "(B) production estimates, whenever practicable. "(c) EXCEPTION.—Subsection (a) shall not apply to the development of a major weapons system (or subsystem of such system) after— "(1) the Secretary submits to Congress— "(A) written notification that use of a competitive proto' t)npe program strategy is not practicable with respect to such system or subsystem; and "(B) a report that fully explains why use of such a strategy is not practicable, including cost estimates (and the bases for such estimates) comparing the total program cost of the competitive prototype strategy with the total program cost of the alternative acquisition strategy; and "(2) 30 days elapse after the Secretary submits the notification and report required by paragraph (1). •*(d) DEFINITIONS.—In this section:

�