Title 10 — Armed ForcesRelease 119-73not60
§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 V— ACQUISITION › Subpart F— Major Systems, Major Defense Acquisition Programs, and Weapon Systems Development › Chapter 322— MAJOR SYSTEMS AND MAJOR DEFENSE ACQUISITION PROGRAMS GENERALLY › Subchapter II— CONTRACTING › § 4236
Summary
Secretary must, as much as possible, ensure Defense Department negotiates a price for technical data before selecting a contractor for major weapon system development, production, sustainment.
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 10 — Armed Forces
Last Updated
Apr 3, 2026
Release point: 119-73not60