COMPETITIVE PROTOTYPING REQUIREMENT FOR DEVELOPMENT OF MAJOR DEFENSE ACQUISITION PROGRAMS.

SEC. 821. COMPETITIVE PROTOTYPING REQUIREMENT FOR DEVELOPMENT OF MAJOR DEFENSE ACQUISITION PROGRAMS. (a) Requirement for Competitive Prototyping.—(1) Chapter 144 of title 10, United States Code, is amended— (A) by redesignating section 2438 as section 2439; and (B) by adding after section 2437 the following new section: “§ 2438. Major programs: competitive prototyping “(a) Acquisition Strategy.—Except as provided in subsection (c), before development under a major defense acquisition program begins, the Secretary of Defense shall prepare an acquisition strategy for the program which provides for the competitive prototyping of the major weapon system under the program and any major subsystems of the system in accordance with subsection (b). “(b) Competitive Prototyping Requirements.—An acquisition strategy meets the requirement of subsection (a) 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 effective under such conditions; and “(3) requires that each contractor that develops a prototype system or subsystem, before the testing described in paragraph (2) is begun, submit— “(A) cost estimates for full-scale engineering development and the basis for such estimates; and “(B) production estimates, whenever practicable. 106 STAT. 2460 “(c) Exception.—Subsection (a) shall not apply to the development of a major weapon system (or subsystem of such system) after— “(1) a written justification is submitted to the Under Secretary of Defense for Acquisition explaining why use of competitive prototyping is not practicable, including cost estimates (and the bases for such estimates) comparing the total program cost of an acquisition strategy that provides for competitive prototyping with the total program cost of an acquisition strategy that does not provide for such prototyping; and “(2) 30 days elapse after the submission of such justification to the Under Secretary of Defense for Acquisition. “(d) Definitions.—In this section: “(1) The term ‘major defense acquisition program’ means a Department of Defense acquisition program that is estimated by the Secretary of Defense to require an eventual total expenditure for research, development, test, and evaluation of more than $300,000,000 (based on fiscal year 1990 constant dollars). “(2) The term ‘major weapon system’ means a major weapon system that is acquired under a program that is a major defense acquisition program. “(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 integration.”. (2) The table of sections at the beginning of such chapter is amended by striking out the item relating to section 2438 and inserting in lieu thereof the following new items: “2438. Major programs: competitive prototyping. “2439. Major programs: competitive alternative sources.”. (b) Effective Date.—Section 2438 of title 10, United States Code, as added by subsection (a), shall apply with respect to manor programs entering development after the expiration of the 90-day period beginning on the date of the enactment of this Act. (c) Conforming Repeal.—(1) Section 2365 of title 10, United States Code, is repealed. (2) The table of sections for chapter 139 of such title is amended by striking out the item relating to section 2365.