S. 2135

119 S2135 IS: Prototype to Production Act
 U.S. Senate
 2025-06-18
 text/xml
 EN
 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
  II
  119th CONGRESS
  1st Session
  S. 2135
  IN THE SENATE OF THE UNITED STATES
  June 18, 2025
  Mr. Sheehy  introduced the following bill;
  which was read twice and referred to the  Committee on Armed Services
  A BILL
To modify other transaction authority, and for other
  purposes.
1.
Short title
This Act may be cited as the   Prototype to Production Act  .
2.
Modifications to other transactions
(a)
In general
Section 4022 of title 10, United States Code, is amended—
(1)
in subsection (a)—
(A)
by amending paragraph (2) to read as follows:
(2)
The authority of this section may be exercised for a transaction for a prototype project, or for a transaction for a follow-on production contract or transaction that is awarded pursuant to subsection (f) or (g), that is expected to cost the Department of Defense in excess of $100,000,000 (including all options) only upon a written determination that the requirements of subsection (d) will be met by a head of the contracting activity, or, for the Defense Advanced Research Projects Agency, the Defense Innovation Unit, or the Missile Defense Agency, the director of the agency.
  ; and
(B)
by amending paragraph (3) to read as follows:
(3)
The authority of the head of the contracting activity, the director of the Defense Advanced Research Projects Agency, the director of the Defense Innovation Unit, the director of the Missile Defense Agency, or the senior procurement executive, as applicable, under paragraph (2), may not be delegated.
  ;
(2)
in subsection (e)—
(A)
by amending paragraph (1) to read as follows:
(1)
The term  head of the contracting activity  means those officials within the organization who have responsibility for and manage an acquisition organization and usually hold unlimited procurement authority.
  ; and
(B)
by adding at the end the following new paragraph:
(6)
The term  follow-on production  means a contract or transaction that is intended to further develop, test, produce, deploy, operate, or sustain a capability that was successfully prototyped under the authority established in subsection (a).
  ;
(3)
by redesignating subsections (h) and (i) as subsections (i) and (j), respectively; and
(4)
by inserting after subsection (g) the following new subsection:
(h)
Authority To award a production transaction to rapidly field an
  existing capability
A production transaction may be awarded, with or without the use of competitive procedures, to acquire emergent and proven technologies and field production quantities of new or upgraded systems that do not require additional development and have been demonstrated in a relevant environment when the appropriate service or component acquisition executive determines in writing that exceptional circumstances justify the use of such a transaction to address a high priority warfighter need.
  .