10 U.S.C. § 2400 : US Code - Section 2400: Low-rate initial production of new systems

Search 10 U.S.C. § 2400 : US Code - Section 2400: Low-rate initial production of new systems

(a) Determination of Quantities To Be Procured for Low-Rate
Initial Production. - (1) In the course of the development of a
major system, the determination of what quantity of articles of
that system should be procured for low-rate initial production
(including the quantity to be procured for preproduction
verification articles) shall be made -
(A) when the milestone B decision with respect to that system
is made; and
(B) by the official of the Department of Defense who makes that
decision.
(2) In this section, the term "milestone B decision" means the
decision to approve the system development and demonstration of a
major system by the official of the Department of Defense
designated to have the authority to make that decision.
(3) Any increase from a quantity determined under paragraph (1)
may only be made with the approval of the official making the
determination.
(4) The quantity of articles of a major system that may be
procured for low-rate initial production may not be less than one
operationally configured production unit unless another quantity is
established at the milestone B decision.
(5) The Secretary of Defense shall include a statement of the
quantity determined under paragraph (1) in the first SAR submitted
with respect to the program concerned after that quantity is
determined. If the quantity exceeds 10 percent of the total number
of articles to be produced, as determined at the milestone B
decision with respect to that system, the Secretary shall include
in the statement the reasons for such quantity. For purposes of
this paragraph, the term "SAR" means a Selected Acquisition Report
submitted under section 2432 of this title.
(b) Low-Rate Initial Production of Weapon Systems. - Except as
provided in subsection (c), low-rate initial production with
respect to a new system is production of the system in the minimum
quantity necessary -
(1) to provide production-configured or representative articles
for operational tests pursuant to section 2399 of this title;
(2) to establish an initial production base for the system; and
(3) to permit an orderly increase in the production rate for
the system sufficient to lead to full-rate production upon the
successful completion of operational testing.
(c) Low-Rate Initial Production of Naval Vessel and Satellite
Programs. - With respect to naval vessel programs and military
satellite programs, low-rate initial production is production of
items at the minimum quantity and rate that (1) preserves the
mobilization production base for that system, and (2) is feasible,
as determined pursuant to regulations prescribed by the Secretary
of Defense.