10 U.S.C. § 2366a : US Code - Section 2366A: Major defense acquisition programs: certification required before Milestone B or Key Decision Point B approval

Search 10 U.S.C. § 2366a : US Code - Section 2366A: Major defense acquisition programs: certification required before Milestone B or Key Decision Point B approval

(a) Certification. - A major defense acquisition program may not
receive Milestone B approval, or Key Decision Point B approval in
the case of a space program, until the milestone decision authority
certifies that -
(1) appropriate market research has been conducted prior to
technology development to reduce duplication of existing
technology and products;
(2) the technology in the program has been demonstrated in a
relevant environment;
(3) the program demonstrates a high likelihood of accomplishing
its intended mission;
(4) the program is affordable when considering the per unit
cost and the total acquisition cost in the context of the total
resources available during the period covered by the future-years
defense program submitted during the fiscal year in which the
certification is made;
(5) the Department of Defense has completed an analysis of
alternatives with respect to the program;
(6) the program is affordable when considering the ability of
the Department of Defense to accomplish the program's mission
using alternative systems;
(7) the Joint Requirements Oversight Council has accomplished
its duties with respect to the program pursuant to section 181(b)
of this title, including an analysis of the operational
requirements for the program;
(8) reasonable cost and schedule estimates have been developed
to execute the product development and production plan under the
program;
(9) funding is available to execute the product development and
production plan under the program, through the period covered by
the future-years defense program submitted during the fiscal year
in which the certification is made, consistent with the estimates
described in paragraph (8) for the program; and
(10) the program complies with all relevant policies,
regulations, and directives of the Department of Defense.
(b) Submission to Congress. - The certification required under
subsection (a) with respect to a major defense acquisition program
shall be submitted to the congressional defense committees with the
first Selected Acquisition Report submitted under section 2432 of
this title after completion of the certification.
(c) Waiver for National Security. - The milestone decision
authority may waive the applicability to a major defense
acquisition program of one or more components (as specified in
paragraph (1), (2), (3), (4), (5), (6), (7), (8), or (9) of
subsection (a)) of the certification requirement if the milestone
decision authority determines that, but for such a waiver, the
Department would be unable to meet critical national security
objectives. Whenever the milestone decision authority makes such a
determination and authorizes such a waiver, the waiver, the
determination, and the reasons for the determination shall be
submitted in writing to the congressional defense committees within
30 days after the waiver is authorized.
(d) Nondelegation. - The milestone decision authority may not
delegate the certification requirement under subsection (a) or the
authority to waive any component of such requirement under
subsection (c).
(e) Definitions. - In this section:
(1) The term "major defense acquisition program" means a
Department of Defense acquisition program that is a major defense
acquisition program for purposes of section 2430 of this title.
(2) The term "milestone decision authority", with respect to a
major defense acquisition program, means the individual within
the Department of Defense designated with overall responsibility
for the program.
(3) The term "Milestone B approval" has the meaning provided
that term in section 2366(e)(7) of this title.
(4) The term "Key Decision Point B" means the official program
initiation of a National Security Space program of the Department
of Defense, which triggers a formal review to determine maturity
of technology and the program's readiness to begin the
preliminary system design.