Title 10Armed ForcesRelease 119-73

§4236 Negotiation of price for technical data before development, production, or sustainment of major weapon systems

Title 10 › Subtitle Subtitle A— - General Military Law › Part PART V— - ACQUISITION › Subpart Subpart F— - Major Systems, Major Defense Acquisition Programs, and Weapon Systems Development › Chapter CHAPTER 322— - MAJOR SYSTEMS AND MAJOR DEFENSE ACQUISITION PROGRAMS GENERALLY › Subchapter SUBCHAPTER II— - CONTRACTING › § 4236

Last updated Apr 6, 2026|Official source

Summary

Require the Secretary of Defense, as much as possible, to have DoD negotiate a price for technical data before choosing a contractor for a major weapon system.

Full Legal Text

Title 10, §4236

Armed Forces — Source: USLM XML via OLRC

The Secretary of Defense shall ensure, to the maximum extent practicable, that the Department of Defense, before selecting a contractor for the engineering and manufacturing development of a major weapon system, production of a major weapon system, or sustainment of a major weapon system, negotiates a price for technical data to be delivered under a contract for such development, production, or sustainment.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2021—Pub. L. 116–283 renumbered section 2439 of this title as this section. 2018—Pub. L. 115–232, § 867(4), substituted “, production, or sustainment” for “or production” in section catchline. Pub. L. 115–232, § 867(1)–(3), inserted “, to the maximum extent practicable,” after “shall ensure” and substituted “production of a major weapon system, or sustainment of a major weapon system” for “or for the production of a major weapon system” and “, production, or sustainment” for “or production”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2021 AmendmentAmendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.

Effective Date

Pub. L. 115–91, div. A, title VIII, § 835(a)(3), Dec. 12, 2017, 131 Stat. 1471, provided that: “Section 2439 of title 10, United States Code [now 10 U.S.C. 4236], as added by paragraph (1), shall apply with respect to any contract for engineering and manufacturing development of a major weapon system, or for the production of a major weapon system, for which the contract solicitation is issued on or after the date occurring one year after the date of the enactment of this Act [Dec. 12, 2017].”

Reference

Citations & Metadata

Citation

10 U.S.C. § 4236

Title 10Armed Forces

Last Updated

Apr 6, 2026

Release point: 119-73