§ 4424. Mechanisms to speed deployment of successful weapon system component or technology prototypes

• (a) A weapon system component or technology prototype project may be selected by the service acquisition executive of the military department concerned for a follow-on production contract or other transaction without the use of competitive procedures, notwithstanding the requirements of sections 3201 through 3205 of this title, if—
  • (1) the follow-on production project addresses a high priority warfighter need or reduces the costs of a weapon system;
  • (2) competitive procedures were used for the selection of parties for participation in the original prototype project;
  • (3) the participants in the original prototype project successfully completed the requirements of the project; and
  • (4) a prototype of the system to be procured was demonstrated in a relevant environment.
• (b)
  • (1) The Secretary of a military department may, as specified in advance by appropriations Acts, transfer funds that remain available for obligation in procurement appropriation accounts of the military department to fund the low-rate initial production of the rapid fielding project until required funding for full-rate production can be submitted and approved through the regular budget process of the Department of Defense.
  • (2) The funds transferred under this subsection to fund the low-rate initial production of a rapid fielding project shall be for a period not to exceed two years, the amount for such period may not exceed $50,000,000, and the special transfer authority provided in this subsection may not be used more than once to fund procurement of a particular new or upgraded system.
  • (3) The special transfer authority provided in this subsection is in addition to any other transfer authority available to the Department of Defense.
• (c) Within 30 days after the service acquisition executive of a military department selects a weapon system component or technology project for a follow-on production contract or other transaction, the service acquisition executive shall notify the congressional defense committees of the selection and provide a brief description of the rapid fielding project.