; and (4) in the matter following paragraph (4), as added by paragraph (3) of this subsection, by striking clause (1) and inserting paragraph (1) . (b) Burden of proof Paragraph (1) of section 4651(a) of title 10, United States Code, as amended by subsection (a) of this section, is further amended by inserting and by a preponderance of the evidence after after notice and hearing . 814. Modification of approval authority for high dollar other transaction agreements for prototypes (a) Amendments relating to authority Section 4022(a)(2)(C)(i)(I) of title 10, United States Code, is amended by inserting after subsection (d) the following: were met for the prior transaction for the prototype project that provided for the award of the follow-on production contract or transaction, and the requirements of subsection (f) . (b) Amendment relating to appropriate use of authority Section 4022(d) of such title is amended by adding at the end the following new paragraph: (3) The requirements of this subsection do not apply to follow-on production contracts or transactions under subsection (f). . 815. Modifications to Earned Value Management system requirements (a) In general Not later than 180 days after the date of the enactment of this Act, the Under Secretary for Acquisition and Sustainment shall update appropriate policies related to Earned Value Management (EVM) as follows: (1) Update subpart 234.2 of the Defense Federal Acquisition Regulation Supplement (DFARS) to exempt all software contracts and subcontracts from EVM requirements. (2) Update sections 234.201, 234.203, 252.234–7001, and 252.242–7002 of the DFARS— (A) to increase contract value thresholds associated with requiring EVM on cost or incentive contracts from $20,000,000 to $50,000,000