Page:United States Statutes at Large Volume 108 Part 4.djvu/52

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108 STAT. 2686 PUBLIC LAW 103-337—OCT. 5, 1994 (c) RELEASE OF CONTRACTOR CLAIMS. — Any supplemental agreement or contract modification entered into under subsection (a) shall, as provided in the C-17 settlement agreement, require that the prime contractor release the Government from any contractual claim, demand, request for equitable adjustment, or other cause of action, known or unknown, that the prime contractor may have against the Government on or before January 6, 1994, arising out of the C-17 program contracts. (d) CONTRACT MODIFICATIONS REGARDING CONTRACTOR COMMITMENTS.— (1) The Secretary of the Air Force shall incorporate into each appropriate C-17 contract the commitment of the prime contractor to make C-17 program changes as described in paragraph (2) on a nonreimbursable or cost-share basis. (2) Paragraph (1) applies to the commitment of the prime contractor provided in the C-17 settlement agreement to make the following C-17 program changes: (A) Extend the flight test program. (B) Redesign the wing. (C) Implement Computer Aided Design/Computer Aided Manufacturing System improvements. Management Information System improvements, and Advanced Quality System improvements. (D) Implement product improvement cost reduction projects. (E) Resolve other C-17 program issues. (e) REQUIRED CERTIFICATION.—The Secretary of the Air Force may not enter into a supplemental agreement or contract modification under subsection (a) until 30 days after the date on which the Secretary of Defense submits to Congress a written certification of each of the following: (1) That the terms and conditions set forth in the C- 17 settlement agreement, including the terms and conditions relating to the settlement of claims, are in the best interest of the Government for a total procurement under the C-17 program that could be as few as 40 aircraft. (2) That the membership of the Defense Science Board C-17 Task Force has advised the Secretary of Defense that, for a total procurement quantity of as few as 40 aircraft, the terms and conditions set forth in the C-17 settlement agreement, including the terms and conditions relating to settlement of claims, are in the best interest of the Government. (3) That the Secretary will establish specific not-to-exceed costs estimates for production lots VII through XI and will provide that cost information to Congress not later than March 1, 1995. (4) That during fiscal year 1995 no funds available to the Department of Defense will be used to relax performance requirements specified in the acquisition program baseline beyond the extent provided for in the C-17 settlement agreement. (5) That the Secretary will transmit to Congress milestones and exit criteria for the C-17 not later than March 1, 1995. (6) That nothing in the C-17 settlement agreement releases the contractor from any potential liability for fraud or criminal violations. (f) RESTRICTION ON USE OF DOD FUNDS FOR DEVELOPMENT OF ALTERNATIVE AIRCRAFT.—No funds appropriated to the Depart-