FEDERAL · 10 U.S.C. · Chapter 322
Negotiation of price for technical data before development, production, or sustainment of major weapon systems
Current through Pub. L. 119-102
Title 10 — Armed Forces·Ch. 322 — MAJOR SYSTEMS AND MAJOR DEFENSE ACQUISITION PROGRAMS GENERALLY·Subch. II
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.
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10 U.S.C. § 4236 (Negotiation of price for technical data before development, production, or sustainment of major weapon systems) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
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History
(Added Pub. L. 115–91, div. A, title VIII, §835(a)(1), Dec. 12, 2017, 131 Stat. 1471, §2439; amended Pub. L. 115–232, div. A, title VIII, §867, Aug. 13, 2018, 132 Stat. 1901; renumbered §4236, Pub. L. 116–283, div. A, title XVIII, §1847(c)(3), Jan. 1, 2021, 134 Stat. 4254.)
Editorial Notes
Editorial Notes
Amendments
2021—Pub. L. 116–283 renumbered section 2439 of this title as this section.
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".
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, §835(a)(3), Dec. 12, 2017, 131 Stat. 1471, provided that: "Section 2439 of title 10, United States Code [now 10 U.S.C. 4236], 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]."
Editorial Notes
Amendments
2024—Pub. L. 118–159, div. A, title VIII, §§806(a)(2), 807(1), Dec. 23, 2024, 138 Stat. 1974, substituted "factors to be considered" for "determination required" in item 4251 and "factors to be considered before" for "certification required before" in item 4252. Amendment to item 4252 was made pursuant to operation of section 102 of this title.
Amendments
2021—Pub. L. 116–283 renumbered section 2439 of this title as this section.
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".
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, §835(a)(3), Dec. 12, 2017, 131 Stat. 1471, provided that: "Section 2439 of title 10, United States Code [now 10 U.S.C. 4236], 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]."
Editorial Notes
Amendments
2024—Pub. L. 118–159, div. A, title VIII, §§806(a)(2), 807(1), Dec. 23, 2024, 138 Stat. 1974, substituted "factors to be considered" for "determination required" in item 4251 and "factors to be considered before" for "certification required before" in item 4252. Amendment to item 4252 was made pursuant to operation of section 102 of this title.