Negotiation of price for technical data before development, production, or sustainment of major weapon systems
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Law
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USC 10
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Armed Forces
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General Military Law
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SERVICE, SUPPLY, AND PROCUREMENT
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MAJOR DEFENSE ACQUISITION PROGRAMS
- Negotiation of price for technical data before development, production, or sustainment of major weapon systems
§2439. Negotiation of price for technical data before development, production, or sustainment of major weapon systems
The Secretary of Defense shall ensure, to the maximum extent practicable, that the Department of Defense, before selecting a contractor for the engineering and manufacturing development of a major weapon system, production of a major weapon system, or sustainment of a major weapon system, negotiates a price for technical data to be delivered under a contract for such development, production, or sustainment.
(Added
Pub. L. 115–91, div. A, title VIII, §835(a)(1), Dec. 12, 2017, 131 Stat. 1471
; amended
Pub. L. 115–232, div. A, title VIII, §867, Aug. 13, 2018, 132 Stat. 1901
.)
Prior Provisions
A prior section 2439, added
Pub. L. 99–145, title IX, §912(a)(1), Nov. 8, 1985, 99 Stat. 685
, §2305a; amended
Pub. L. 99–433, title I, §110(g)(3), Oct. 1, 1986, 100 Stat. 1004
; renumbered §2438 and amended
Pub. L. 100–26, §7(b)(9)(A), (k)(2), Apr. 21, 1987, 101 Stat. 280
, 284;
Pub. L. 101–510, div. A, title VIII, §805, Nov. 5, 1990, 104 Stat. 1591
; renumbered §2439,
Pub. L. 102–484, div. A, title VIII, §821(a)(1)(A), Oct. 23, 1992, 106 Stat. 2459
, related to preparation of acquisition strategy for major programs and use of competitive alternative sources, prior to repeal by
Pub. L. 103–355, title III, §3007(a), Oct. 13, 1994, 108 Stat. 3331
.
Amendments
2018-Pub. L. 115–232, §867(4), substituted ", production, or sustainment" for "or production" in section catchline.
Pub. L. 115–232, §867(1)–(3), inserted ", to the maximum extent practicable," after "shall ensure" and substituted "production of a major weapon system, or sustainment of a major weapon system" for "or for the production of a major weapon system" and ", production, or sustainment" for "or production".
Effective Date
Pub. L. 115–91, div. A, title VIII, §835(a)(3), Dec. 12, 2017, 131 Stat. 1471
, provided that: "Section 2439 of title 10, United States Code, as added by paragraph (1), shall apply with respect to any contract for engineering and manufacturing development of a major weapon system, or for the production of a major weapon system, for which the contract solicitation is issued on or after the date occurring one year after the date of the enactment of this Act [Dec. 12, 2017]."
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