Prototype to Production Act

Prototype to Production Act (S. 2135) would change how the Department of Defense and its partners use Other Transactions (OTAs) to move from prototyping to production. The bill raises the cost threshold for prototype and follow-on production transactions that can be awarded without full competitive bidding to more than $100 million (including options). Such awards would require a written determination that the requirements of the applicable subsection are met, and the authority to make these determinations would not be delegable. The bill also clarifies who counts as the head of the contracting activity and adds a new term, “follow-on production,” to cover contracts intended to further develop, test, produce, deploy, operate, or sustain a capability that was successfully prototyped. In addition, the bill creates a new authority (subsection (h)) to award a production transaction to rapidly field an existing capability. This can be done with or without competitive procedures, for emergent and proven technologies that do not require additional development, when a senior official determines in writing that exceptional circumstances justify the action to address a high-priority warfighter need. Overall, the bill is aimed at accelerating the transition from prototype to production while preserving senior-level oversight and specific conditions.