10 U.S.C. § 4232 — Prohibition on use of lowest price tech-

Page 2715 TITLE 10—ARMED FORCES § 4236 that (1) preserves the mobilization production base for that system, and (2) is feasible, as deter- mined pursuant to regulations prescribed by the Secretary of Defense. (Added Pub. L. 101–189, div. A, title VIII, § 803(a), Nov. 29, 1989, 103 Stat. 1487, § 2400; amended Pub. L. 103–355, title III, § 3015, Oct. 13, 1994, 108 Stat. 3332; Pub. L. 104–106, div. A, title X, § 1062(d), div. D, title XLIII, § 4321(b)(13), Feb. 10, 1996, 110 Stat. 444, 673; Pub. L. 107–107, div. A, title VIII, § 821(c), Dec. 28, 2001, 115 Stat. 1182; renumbered § 4231 and amended Pub. L. 116–283, div. A, title XVIII, § 1847(c)(1), Jan. 1, 2021, 134 Stat. 4254; Pub. L. 117–81, div. A, title XVII, § 1701(o)(6)(C)(ii), Dec. 27, 2021, 135 Stat. 2147.) Editorial Notes AMENDMENTS 2021—Pub. L. 116–283, § 1847(c)(1)(B), amended section catchline generally. Prior to amendment, section catchline read as follows: ‘‘Low-rate initial production of new systems’’. Pub. L. 116–283, § 1847(c)(1)(A), renumbered section 2400 of this title as this section. Subsec. (a)(5). Pub. L. 116–283, § 1847(c)(1)(A)(i), as amended by Pub. L. 117–81, § 1701(o)(6)(C)(ii), substituted ‘‘section 4351’’ for ‘‘section 2432’’. Subsec. (b)(1). Pub. L. 116–283, § 1847(c)(1)(A)(ii), sub- stituted ‘‘section 4171’’ for ‘‘section 2399’’. 2001—Subsec. (a)(1)(A). Pub. L. 107–107, § 821(c)(1), sub- stituted ‘‘milestone B’’ for ‘‘milestone II’’. Subsec. (a)(2). Pub. L. 107–107 substituted ‘‘milestone B’’ for ‘‘milestone II’’ and ‘‘system development and demonstration’’ for ‘‘engineering and manufacturing development’’. Subsec. (a)(4), (5). Pub. L. 107–107, § 821(c)(1), sub- stituted ‘‘milestone B’’ for ‘‘milestone II’’. 1996—Subsec. (a)(5). Pub. L. 104–106, § 4321(b)(13), sub- stituted ‘‘this paragraph’’ for ‘‘the preceding sentence’’. Subsec. (c). Pub. L. 104–106, § 1062(d), struck out ‘‘(1)’’ before ‘‘With respect to’’, redesignated subpars. (A) and (B) of former par. (1) as pars. (1) and (2), respectively, and struck out former par. (2) which read as follows: ‘‘For each naval vessel program and military satellite program, the Secretary of Defense shall submit to Con- gress a report providing— ‘‘(A) an explanation of the rate and quantity pre- scribed for low-rate initial production and the consid- erations in establishing that rate and quantity; ‘‘(B) a test and evaluation master plan for that pro- gram; and ‘‘(C) an acquisition strategy for that program that has been approved by the Secretary, to include the procurement objectives in terms of total quantity of articles to be procured and annual production rates.’’ 1994—Subsec. (a)(2). Pub. L. 103–355, § 3015(1), sub- stituted ‘‘this section’’ for ‘‘paragraph (1)’’ and ‘‘engi- neering and manufacturing development’’ for ‘‘full- scale engineering development’’. Subsec. (a)(4). Pub. L. 103–355, § 3015(2), (3), added par. (4) and redesignated former par. (4) as (5). Subsec. (a)(5). Pub. L. 103–355, § 3015(2), redesignated par. (4) as (5) and inserted after first sentence ‘‘If the quantity exceeds 10 percent of the total number of arti- cles to be produced, as determined at the milestone II decision with respect to that system, the Secretary shall include in the statement the reasons for such quantity.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by Pub. L. 117–81 applicable as if in- cluded in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below. Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title. EFFECTIVE DATE OF 1996 AMENDMENT For effective date and applicability of amendment by section 4321(b)(13) of Pub. L. 104–106, see section 4401 of Pub. L. 104–106, set out as a note under section 2220 of this title. § 4232. Prohibition on use of lowest price tech- nically acceptable source selection process (a) IN GENERAL.—The Department of Defense shall not use a lowest price technically accept- able source selection process for the engineering and manufacturing development contract of a major defense acquisition program. (b) DEFINITIONS.—In this section: (1) LOWEST PRICE TECHNICALLY ACCEPTABLE SOURCE SELECTION PROCESS.—The term ‘‘lowest price technically acceptable source selection process’’ has the meaning given that term in part 15 of the Federal Acquisition Regulation. (2) ENGINEERING AND MANUFACTURING DEVEL- OPMENT CONTRACT.—The term ‘‘engineering and manufacturing development contract’’ means a prime contract for the engineering and manufacturing development of a major de- fense acquisition program. (Added Pub. L. 115–91, div. A, title VIII, § 832(a)(1), Dec. 12, 2017, 131 Stat. 1468, § 2442; re- numbered § 4232 and amended Pub. L. 116–283, div. A, title XVIII, § 1847(c)(2), Jan. 1, 2021, 134 Stat. 4254.) Editorial Notes AMENDMENTS 2021—Pub. L. 116–283 renumbered section 2442 of this title as this section and, in subsec. (b), redesignated par. (3) as (2) and struck out former par. (2) which de- fined ‘‘major defense acquisition program’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title. EFFECTIVE DATE Pub. L. 115–91, div. A, title VIII, § 832(b), Dec. 12, 2017, 131 Stat. 1468, provided that: ‘‘The requirements of sec- tion 2442 of title 10, United States Code [now 10 U.S.C. 4232], as added by subsection (a), shall apply to major defense acquisition programs for which budgetary au- thority is requested for fiscal year 2019 or a subsequent fiscal year.’’ § 4236. Negotiation of price for technical data be- fore development, production, or sustainment of major weapon systems The Secretary of Defense shall ensure, to the maximum extent practicable, that the Depart- ment of Defense, before selecting a contractor for the engineering and manufacturing develop- ment of a major weapon system, production of a