10 USC § 4004 - Contract authority for development and demonstration of initial or additional prototype units

---
identifier: "/us/usc/t10/s4004"
source: "usc"
legal_status: "official_legal_evidence"
title: "10 USC § 4004 - Contract authority for development and demonstration of initial or additional prototype units"
title_number: 10
title_name: "ARMED FORCES"
section_number: "4004"
section_name: "Contract authority for development and demonstration of initial or additional prototype units"
chapter_number: 301
chapter_name: "RESEARCH AND ENGINEERING GENERALLY"
subchapter_number: "I"
subchapter_name: "GENERAL"
part_number: "V"
part_name: "ACQUISITION"
positive_law: true
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Added Pub. L. 115–91, div. A, title VIII, § 861(a)(1), Dec. 12, 2017, 131 Stat. 1493, § 2302e; renumbered § 4004 and amended Pub. L. 116–283, div. A, title VIII, § 831(a), title XVIII, §§ 1818(c), 1841(b)(1), Jan. 1, 2021, 134 Stat. 3753, 4243; Pub. L. 116–283, div. A, title XVIII, § 1841(b)(2)(D), as added Pub. L. 117–81, div. A, title XVII, § 1701(u)(2)(F)(i)(V), Dec. 27, 2021, 135 Stat. 2152; Pub. L. 117–81, div. A, title XVII, § 1701(u)(2)(B), (v)(1)(A), Dec. 27, 2021, 135 Stat. 2151, 2154.)"
---


# § 4004. Contract authority for development and demonstration of initial or additional prototype units

**(a)** **Authority.—** A contract initially awarded from the competitive selection of a proposal resulting from a general solicitation referred to in section 3012(2) of this title may contain a contract line item or contract option for—

**(1)** the development and demonstration or initial production of technology developed under the contract; or

**(2)** the delivery of initial or additional items if the item or a prototype thereof is created as the result of work performed under the contract.

**(b)** **Limitations.—**

**(1)** **Minimal amount.—** A contract line item or contract option described in subsection (a)(2) shall require the delivery of the minimal amount of initial or additional items to allow for the timely competitive solicitation and award of a follow-on development or production contract for those items.

**(2)** **Term.—** A contract line item or contract option described in subsection (a) shall be for a term of not more than 2 years.

**(3)** **Dollar value of work.—** The dollar value of the work to be performed pursuant to a contract line item or contract option described in subsection (a) may not exceed $100,000,000, in fiscal year 2017 constant dollars.

**(4)** **Applicability.—** The authority provided in subsection (a) applies only to the Secretary of Defense, the Secretary of the Army, the Secretary of the Navy, and the Secretary of the Air Force.

**(c)** **Procedures.—** The Secretary of Defense shall establish procedures to collect and analyze information on the use and benefits of the authority under this section and related impacts on performance, affordability, and capability delivery.

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**Source Credit**: (Added Pub. L. 115–91, div. A, title VIII, § 861(a)(1), Dec. 12, 2017, 131 Stat. 1493, § 2302e; renumbered § 4004 and amended Pub. L. 116–283, div. A, title VIII, § 831(a), title XVIII, §§ 1818(c), 1841(b)(1), Jan. 1, 2021, 134 Stat. 3753, 4243; Pub. L. 116–283, div. A, title XVIII, § 1841(b)(2)(D), as added Pub. L. 117–81, div. A, title XVII, § 1701(u)(2)(F)(i)(V), Dec. 27, 2021, 135 Stat. 2152; Pub. L. 117–81, div. A, title XVII, § 1701(u)(2)(B), (v)(1)(A), Dec. 27, 2021, 135 Stat. 2151, 2154.)

## Editorial Notes

### Amendments

2021—, as amended by , renumbered  as this section.

, which directed the renumbering of  as section 3345 instead of this section and the substitution of “section 3012(2)” for “section 2302(2)(B)” in subsec. (a), was repealed by , effective as if included therein, so that such renumbering and substitution were no longer directed.

, substituted “development and demonstration” for “advanced development” in section catchline.

Subsec. (a). , as added by , substituted “section 3012(2)” for “section 2302(2)(B)” in introductory provisions.

Subsec. (a)(1). , substituted “development and demonstration” for “provision of advanced component development, prototype,”.

Subsec. (c). , added subsec. (c).

## Statutory Notes and Related Subsidiaries

### Effective Date of 2021 Amendment

Amendment by  applicable as if included in the enactment of title XVIII of  as enacted, see , set out in a note preceding  and note below.

Amendment by  effective , with additional provisions for delayed implementation and applicability of existing law, see , set out as a note preceding .