124 STAT. 4270 PUBLIC LAW 111–383—JAN. 7, 2011 ‘‘(C) The limitation in this paragraph shall not apply to a case in which the Secretary finds that reasonable grounds exist to believe that a contractor or subcontractor has erroneously asserted a use or release restriction with regard to technical data described in section 2320(a)(2)(A) of this title.’’. SEC. 825. EXTENSION OF SUNSET DATE FOR CERTAIN PROTESTS OF TASK AND DELIVERY ORDER CONTRACTS. Paragraph (3) of section 2304c(e) of title 10, United States Code, is amended to read as follows: ‘‘(3) Paragraph (1)(B) and paragraph (2) of this subsection shall not be in effect after September 30, 2016.’’. SEC. 826. INCLUSION OF OPTION AMOUNTS IN LIMITATIONS ON AUTHORITY OF THE DEPARTMENT OF DEFENSE TO CARRY OUT CERTAIN PROTOTYPE PROJECTS. Section 845 of the National Defense Authorization Act for Fiscal Year 1994 (10 U.S.C. 2371 note) is amended— (1) in subsection (a)(2)— (A) in subparagraph (A), by inserting ‘‘(including all options)’’ after ‘‘not in excess of $100,000,000’’; and (B) in subparagraph (B), by inserting ‘‘(including all options)’’ after ‘‘in excess of $100,000,000’’; and (2) in subsection (e)(3)(A), by inserting ‘‘(including all options)’’ after ‘‘does not exceed $50,000,000’’. SEC. 827. PERMANENT AUTHORITY FOR DEFENSE ACQUISITION CHAL- LENGE PROGRAM; PILOT EXPANSION OF PROGRAM. (a) PERMANENT AUTHORITY.—Section 2359b of title 10, United States Code, is amended— (1) by striking subsections (j) and (k); and (2) by redesignating subsection (l) as subsection (j). (b) PILOT PROGRAM.—Section 2359b of title 10, United States Code, as amended by subsection (a), is further amended by adding at the end the following new subsection (k): ‘‘(k) PILOT PROGRAM FOR PROGRAMS OTHER THAN MAJOR DEFENSE ACQUISITION PROGRAMS.— ‘‘(1) IN GENERAL.—The Under Secretary of Defense for Acquisition, Technology, and Logistics shall carry out a pilot program to expand the use of the authority provided in this section to provide opportunities for the introduction of innova- tive and cost-saving approaches to programs other than major defense acquisition programs through the submission, review, and implementation, where appropriate, of qualifying proposals. ‘‘(2) QUALIFYING PROPOSALS.—For purposes of this sub- section, a qualifying proposal is an offer to supply a nondevelop- mental item that— ‘‘(A) is evaluated as achieving a level of performance that is at least equal to the level of performance of an item being procured under a covered acquisition program and as providing savings in excess of 15 percent after considering all costs to the Government of implementing such proposal; or ‘‘(B) is evaluated as achieving a level of performance that is significantly better than the level of performance of an item being procured under a covered acquisition program without any increase in cost to the Government.
