Page:United States Statutes at Large Volume 99 Part 1.djvu/630

 99 STAT. 608

Ante, p. 605.

Contract.

Contract.

PUBLIC LAW 99-145—NOV. 8, 1985 program plan for the Low-Cost Anti-Radiation Seeker Program, Such plan shall include the total system cost and system milestones for such program. (c) SSN-21 COMBAT SYSTEM ADVANCED AND ENGINEERING PROGRAMS.—(1) Of the amount authorized in section 201 for the Navy, $200,000,000 is available only for the SSN-21 Combat System Advanced and Engineering program. None of such amount may be obligated or expended for the Submarine Advanced Combat System (SUBACS) program unless the Secretary of the Navy submits to the Committees on Armed Services of the Senate and House of Representatives written certification that— (A) the Secretary has initiated action to negotiate and sign prior to February 1, 1986, a modification to the full-scale engineering development contract which would provide for— (i) a cost ceiling for such development with no liability of the United States for cost growth above such ceiling; and (ii) penalties for late delivery of equipment and failure to meet performance criteria; (B) before completion of full-scale engineering development for the SUBACS Basic system under such program, such contractor will provide to the United States a complete technical data package— (i) at no additional cost to the Government; (ii) containing no manufacturing or proprietary data rights; and (iii) of such quality as to allow production of such system by a second source; (C) the Secretary has begun action to provide, to the maximum extent possible, competition for procurement of components for production of the SUBACS Basic system; and (D) the Secretary has begun action to establish competition in development and production of the follow-on systems to the SUBACS Basic system. (2) During the period of any negotiations for a contract modification referred to in paragraph (1)(A), the monthly rate of expenditure for the SUBACS program may not exceed the rate of expenditure for such program. (3) The Secretary shall also provide, within the amount of funds provided for the SSN-21 Combat System Advanced Engineering Program, that one or more firms that are potential competitors for the attack submarine combat system for fiscal year 1989 be established as associate contractors for the SUBACS Basic program with full access to all SUBACS development information. (4) If the Secretary determines that it is not possible to make a certification under paragraph (1), the Secretary may obligate and expend funds necessary to develop an advanced combat system (other than SUBACS) for the SSN-21 submarine and other applicable platforms. (d) ROLLING AIRFRAME MissiLE PROGRAM.—Funds appropriated for fiscal year 1986 for research, development, test, and evaluation for the Navy may not be obligated for the Rolling Airframe Missile program or the NATO Sea Sparrow program unless the Secretary of the Navy certifies to the Committees on Armed Services of the Senate and House of Representatives that— (1) the Secretary has entered into a firm fixed-price production contract for the Rolling Airframe Missile program;

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