10 U.S.C. § 2399 : US Code - Section 2399: Operational test and evaluation of defense acquisition programs

Search 10 U.S.C. § 2399 : US Code - Section 2399: Operational test and evaluation of defense acquisition programs

(a) Condition for Proceeding Beyond Low-Rate Initial Production. -
(1) The Secretary of Defense shall provide that a major defense
acquisition program may not proceed beyond low-rate initial
production until initial operational test and evaluation of the
program is completed.
(2) In this subsection, the term "major defense acquisition
program" means a conventional weapons system that -
(A) is a major system within the meaning of that term in
section 2302(5) of this title; and
(B) is designed for use in combat.
(b) Operational Test and Evaluation. - (1) Operational testing of
a major defense acquisition program may not be conducted until the
Director of Operational Test and Evaluation of the Department of
Defense approves (in writing) the adequacy of the plans (including
the projected level of funding) for operational test and evaluation
to be conducted in connection with that program.
(2) The Director shall analyze the results of the operational
test and evaluation conducted for each major defense acquisition
program. At the conclusion of such testing, the Director shall
prepare a report stating -
(A) the opinion of the Director as to -
(i) whether the test and evaluation performed were adequate;
and
(ii) whether the results of such test and evaluation confirm
that the items or components actually tested are effective and
suitable for combat; and
(B) additional information on the operational capabilities of
the items or components that the Director considers appropriate
based on the testing conducted.
(3) The Director shall submit each report under paragraph (2) to
the Secretary of Defense, the Under Secretary of Defense for
Acquisition, Technology, and Logistics, and the congressional
defense committees. Each such report shall be submitted to those
committees in precisely the same form and with precisely the same
content as the report originally was submitted to the Secretary and
Under Secretary and shall be accompanied by such comments as the
Secretary may wish to make on the report.
(4) A final decision within the Department of Defense to proceed
with a major defense acquisition program beyond low-rate initial
production may not be made until the Director has submitted to the
Secretary of Defense the report with respect to that program under
paragraph (2) and the congressional defense committees have
received that report.
(5) If, before a final decision described in paragraph (4) is
made for a major defense acquisition program, a decision is made
within the Department of Defense to proceed to operational use of
that program or to make procurement funds available for that
program, the Director shall submit to the Secretary of Defense and
the congressional defense committees the report with respect to
that program under paragraph (2) as soon as practicable after the
decision described in this paragraph is made.
(6) In this subsection, the term "major defense acquisition
program" has the meaning given that term in section 139(a)(2)(B) of
this title.
(c) Determination of Quantity of Articles Required for
Operational Testing. - The quantity of articles of a new system
that are to be procured for operational testing shall be determined
by -
(1) the Director of Operational Test and Evaluation of the
Department of Defense, in the case of a new system that is a
major defense acquisition program (as defined in section
139(a)(2)(B) of this title); or
(2) the operational test and evaluation agency of the military
department concerned, in the case of a new system that is not a
major defense acquisition program.
(d) Impartiality of Contractor Testing Personnel. - In the case
of a major defense acquisition program (as defined in subsection
(a)(2)), no person employed by the contractor for the system being
tested may be involved in the conduct of the operational test and
evaluation required under subsection (a). The limitation in the
preceding sentence does not apply to the extent that the Secretary
of Defense plans for persons employed by that contractor to be
involved in the operation, maintenance, and support of the system
being tested when the system is deployed in combat.
(e) Impartial Contracted Advisory and Assistance Services. - (1)
The Director may not contract with any person for advisory and
assistance services with regard to the test and evaluation of a
system if that person participated in (or is participating in) the
development, production, or testing of such system for a military
department or Defense Agency (or for another contractor of the
Department of Defense).
(2) The Director may waive the limitation under paragraph (1) in
any case if the Director determines in writing that sufficient
steps have been taken to ensure the impartiality of the contractor
in providing the services. The Inspector General of the Department
of Defense shall review each such waiver and shall include in the
Inspector General's semi-annual report an assessment of those
waivers made since the last such report.
(3)(A) A contractor that has participated in (or is participating
in) the development, production, or testing of a system for a
military department or Defense Agency (or for another contractor of
the Department of Defense) may not be involved (in any way) in the
establishment of criteria for data collection, performance
assessment, or evaluation activities for the operational test and
evaluation.
(B) The limitation in subparagraph (A) does not apply to a
contractor that has participated in such development, production,
or testing solely in testing for the Federal Government.
(f) Source of Funds for Testing. - The costs for all tests
required under subsection (a) shall be paid from funds available
for the system being tested.
(g) Director's Annual Report. - As part of the annual report of
the Director under section 139 of this title, the Director shall
describe for each program covered in the report the status of test
and evaluation activities in comparison with the test and
evaluation master plan for that program, as approved by the
Director. The Director shall include in such annual report a
description of each waiver granted under subsection (e)(2) since
the last such report.
(h) Operational Test and Evaluation Defined. - In this section,
the term "operational test and evaluation" has the meaning given
that term in section 139(a)(2)(A) of this title. For purposes of
subsection (a), that term does not include an operational
assessment based exclusively on -
(1) computer modeling;
(2) simulation; or
(3) an analysis of system requirements, engineering proposals,
design specifications, or any other information contained in
program documents.