View all text of Subchapter V [§ 2280 - § 2357]
§ 2313. Research and development
(a) In general
(b) Testing and application
(c) Other transactional authority for prototype projects
(1) In general
(2) Follow-on production transactions
(3) Guidance
(4) ConditionsIn carrying out this subsection, the Secretary shall ensure that—
(A) competitive procedures are used to the maximum extent practicable to award each transaction; and
(B) at least one of the following conditions is met with respect to each transaction:
(i) The prototype project includes significant participation by at least one nonprofit research institution or nontraditional defense contractor, as that term is defined in section 3014 of title 10.
(ii) All significant participants in the transaction other than the Federal Government are small business concerns, as that term is used in section 632 of title 15 (including such concerns participating in a program described in section 638 of title 15).
(iii) At least one-third of the total cost of the prototype project is to be paid out of funds provided by sources other than the Federal Government.
(iv) The Head of the Contracting Activity for the Corps of Engineers submits to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a notification that exceptional circumstances justify the use of a transaction that provides for innovative business arrangements or structures that would not be feasible or appropriate under a contract, cooperative agreement, or grant.
(5) NotificationNot later than 30 days before the Secretary enters into a transaction under paragraph (1), the Secretary shall notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate of—
(A) the dollar amount of the transaction;
(B) the entity carrying out the prototype project that is the subject of the transaction;
(C) the justification for the transaction; and
(D) as applicable, the water resources development project where the prototype project will be carried out.
(6) Report
(7) Comptroller General access to information
(A) Examination of records
(B) Limitations
(i) Parties and entities
(ii) Records
(C) WaiverThe Head of the Contracting Activity for the Corps of Engineers may waive the applicability of subparagraph (A) to a transaction if the Head of the Contracting Activity for the Corps of Engineers—
(i) determines that it would not be in the public interest to apply the requirement to the transaction; and
(ii) transmits to the Committee on Environment and Public Works of the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, and the Comptroller General, before the transaction is entered into, a notification of the waiver, including the rationale for the determination under clause (i).
(D) Timing
(E) Report
(8) Termination of authority
(d) Coordination and consultation
(e) Annual report
(1) In general
(2) ContentsEach report under paragraph (1) shall include—
(A) a description of each ongoing and new activity or project, including—
(i) the estimated total cost of the activity or project;
(ii) the amount of Federal expenditures for the activity or project;
(iii) the amounts provided by a non-Federal party to a transaction described in subsection (c), if applicable;
(iv) the estimated timeline for completion of the activity or project;
(v) the requesting district of the Corps of Engineers, if applicable; and
(vi) how the activity or project is consistent with subsection (a); and
(B) any additional information that the Secretary determines to be appropriate.
(f) Savings clause
(g) Establishment of account
(Pub. L. 100–676, § 7, Nov. 17, 1988, 102 Stat. 4022; Pub. L. 104–303, title II, § 214, Oct. 12, 1996, 110 Stat. 3684; Pub. L. 117–263, div. H, title LXXXI, § 8160(a), Dec. 23, 2022, 136 Stat. 3741.)