Page:United States Statutes at Large Volume 100 Part 5.djvu/448

 100 STAT. 3922

PUBLIC LAW 99-661—NOV. 14, 1986

use of a competitive prototype program strategy in the development of a major weapons system (or a subsystem of such system). Contracts. "(b) QUALIFYING STRATEGIES.—An acquisition Strategy qualifies as a competitive prototype 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 prototype system or subsystem for developmental test and evaluation; "(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 effec*' tive 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(v type program strategy is not practicable with respect to such system or subsystem; and Reports. "(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 i^j of the competitive prototype strategy with the total pro2 gram 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: "(1) The term 'major weapons system' means a major weapons system that is acquired under a program that is a major defense acquisition program. "(2) The term 'major defense acquisition program' means a J Department of Defense acquisition program that— ^, "(A) is not a highly sensitive classified program (as deter,} ' mined by the Secretary of Defense); and "(B) that is estimated by the Secretary of Defense tq require an eventual total expenditure for research, develop'* ment, test, and evaluation of more than $200,000,000 (based on fiscal year 1980 constant dollars). t; "(3) The term 'subsystem of such system' means a collection of components (such as the propulsion system, avionics, or weapon controls) for which the prime contractors, major subcontractors, or government entities have responsibility for system ':.)f':: ^c integration.". (2) The table of sections at the beginning of such chapter is amended by adding after the item relating to section 2364 (as added by section 234) the following new item:

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