S 2135 — Prototype to Production Act

Bill Text

• Introduced Introduced in Senate Current html June 18, 2025

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill modifies existing transaction authority under 10 U.S.C. § 4022, streamlining the conditions for exercising authority regarding prototype projects and adding a new subsection on rapid fielding of existing capabilities.

• 10 U.S.C. § 4022(a)(2)

  The authority of this section— → 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.

  This change broadens the authority to apply to both prototype and follow-on production contracts with a single written determination requirement.

• 10 U.S.C. § 4022(a)(3)

  The authority of the head of the contracting activity, director of the Defense Advanced Research Projects Agency, director of the Defense Innovation Unit, director of the Missile Defense Agency, or the senior procurement executive, as applicable, under paragraph (2) may not be delegated. → 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.

  This revision clarifies the text regarding delegation of authority among the various officials.

• 10 U.S.C. § 4022(e)(1)

  The term 'head of the contracting activity' means the official designated by the Secretary of Defense to manage contracting activities for a Department of Defense component. → 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.

  This change updates the definition of 'head of the contracting activity' to be more inclusive of officials managing procurement.

• 10 U.S.C. § 4022

  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).

  This addition provides a clear definition for 'follow-on production' in relation to prototype projects.

• 10 U.S.C. § 4022

  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.

  This provision allows expedited procurement of established technologies under certain circumstances without the typical competitive requirements.

Action History

1. June 18, 2025

   Introduced in Senate

2. June 18, 2025

   Read twice and referred to the Committee on Armed Services.

Sponsors

• Tim Sheehy · Primary

Subjects