Subject: Implementation guidance for Section 8160 of the Water Resources Development Act of 2022, Civil Works research and development

DEPARTMENT OF THE ARMY OFFICE OF THE ASSSISTANT SECRETARY CIVIL WORKS 108 ARMY PENTAGON WASHINGTON, DC 20310-0108 SACW 19 April 2024 MEMORANDUM FOR COMMANDING GENERAL, U.S. ARMY CORPS OF ENGINEERS SUBJECT: Implementation Guidance for Section 8160 of the Water Resources Development Act of 2022, Civil Works Research and Development 1. Section 8160 of the Water Resources Development Act (WRDA) of 2022authorizes the Secretary to enter into transactions (other than contracts,cooperative agreements, or grants) to carry out prototype projects to support basic,applied, and advanced research activities that are directly relevant to the civil worksmissions and authorities of the U.S. Army Corps of Engineers (USACE). It furtherdirects the Secretary to issue guidance for entering into transactions under thissubsection to include guidance on follow-on production contracts or transactions.Section 8160 references Title 10, United States Code (U.S.C.), Section 4022, theexisting other transaction authority currently in use by USACE for military prototypeprojects, with respect to follow-on production and Comptroller General access toinformation. Section 8160 of WRDA 2022 is attached as Appendix A. 2. This guidance is applicable to all Other Transactions (OTs) for prototype projectsto support basic, applied, and advanced research activities that are directly relevantto the civil works missions and authorities of the USACE. 3. References: a.Title 33, U.S.C., Section 2313, Research and Development b. Title 10, U.S.C., Section 4022, Authority of the Department of Defense toCarry Out Certain Prototype Projects c. Policy on the Use of Other Transaction Authority to Carry Out CertainPrototype Projects under Title 10, United States Code, Section 4022, and Title 33, U.S.C. Section 2313, 27 February 2024 d. Small Business Act, Title 15, U.S.C., Sections 632 and 638 e. Federal Acquisition Regulation (FAR) f. Code of Federal Regulations (CFR)SACW SUBJECT: Implementation Guidance for Section 8160