123STA T . 2211 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9(D)theUnd e rS e c ret a r y ha s a p pr ov edanac qui sition strate g y and acquisition progra mb ase l ine f or the program
and ( E ) all of the systems constituting the brigade set have been tested in their intended production configuration; and ( 2 ) a period of 30 days has elapsed after the date on w hich the certification under paragraph ( 1 ) is received . (c) E XCEPTIONF O RM EETIN GO PER A TIONA LN EE D STATE M ENT R E QU IREMENT S . —T he limitation on low - rate initial production in subsection (a) does not apply to the procurement of individual components of a brigade set if the procurement of such components is specifically intended to address an operational need statement requirement (as described in A rmy Regulation 7 1 –9 or a successor regulation). Subti t leC—NavyProg ra msSEC.12 1. LIT T ORA LCO MB ATS H I P PRO G RAM. (a) C ONTRACT AUT H ORIT Y .— (1) I N GENERAL.—The Secretary of the Navy may procure up to ten L ittoral Combat Ships and 1 5 Littoral Combat Ship ship control and weapon systems by entering into a contract using competitive procedures. Such procurement may also include— (A) materiel and equipment in economic order quan- tities when cost savings are achievable; and ( B ) cost reduction initiatives. (2) LIA B ILITY.—A contract entered into under paragraph (1) shall provide that any obligation of the United States to ma k e a payment under the contract is sub j ect to the availability of appropriations for that purpose , and that total liability to the G overnment for termination of any contract entered into shall be limited to the total amount of funding obligated at time of termination. (b) TECHNICAL DATA P AC K AGE.— (1) REQUIREMENT.—As part of the solicitation for proposals for a procurement authori z ed by subsection (a), the Secretary shall require that an offeror submit a proposal that provides for conveying a complete technical data package as part of a proposal for a Littoral Combat Ship. (2) RIGHTS OF THE UNITED STATES.—The Secretary shall ensure that the Government ’ s rights in technical data for a Littoral Combat Ship are sufficient to permit the Government to— (A) conduct a competition for a second shipyard, as soon as practicable; and (B) transition the Littoral Combat Ship combat systems to Government-furnished equipment to achieve open architecture and foster competition to modernize future systems. (c) LIMITATION OF COSTS.— (1) LIMITATION.—E x cept as provided in subsection (d), and excluding amounts described in paragraph (2), beginning in fiscal year 2011, the total amount obligated or expended for
