10 USC 2366a - Major defense acquisition programs: certification required before Milestone A or Key Decision Point A approval
(a) Certification.—
A major defense acquisition program may not receive Milestone A approval, or Key Decision Point A approval in the case of a space program, until the Milestone Decision Authority certifies, after consultation with the Joint Requirements Oversight Council on matters related to program requirements and military needs
A major defense acquisition program may not receive Milestone A approval, or Key Decision Point A approval in the case of a space program, until the Milestone Decision Authority certifies, after consultation with the Joint Requirements Oversight Council on matters related to program requirements and military needs
(1) that the program fulfills an approved initial capabilities document;
(2) that the program is being executed by an entity with a relevant core competency as identified by the Secretary of Defense under section 118b of this title;
(3) if the program duplicates a capability already provided by an existing system, the duplication provided by such program is necessary and appropriate; and
(4) that a cost estimate for the program has been submitted and that the level of resources required to develop and procure the program is consistent with the priority level assigned by the Joint Requirements Oversight Council.
(b) Notification.—
With respect to a major defense acquisition program certified by the Milestone Decision Authority under subsection (a), if the projected cost of the program, at any time prior to Milestone B approval, exceeds the cost estimate for the program submitted at the time of the certification by at least 25 percent, the program manager for the program concerned shall notify the Milestone Decision Authority. The Milestone Decision Authority, in consultation with the Joint Requirements Oversight Council on matters related to program requirements and military needs, shall determine whether the level of resources required to develop and procure the program remains consistent with the priority level assigned by the Joint Requirements Oversight Council. The Milestone Decision Authority may withdraw the certification concerned or rescind Milestone A approval (or Key Decision Point A approval in the case of a space program) if the Milestone Decision Authority determines that such action is in the interest of national defense.
With respect to a major defense acquisition program certified by the Milestone Decision Authority under subsection (a), if the projected cost of the program, at any time prior to Milestone B approval, exceeds the cost estimate for the program submitted at the time of the certification by at least 25 percent, the program manager for the program concerned shall notify the Milestone Decision Authority. The Milestone Decision Authority, in consultation with the Joint Requirements Oversight Council on matters related to program requirements and military needs, shall determine whether the level of resources required to develop and procure the program remains consistent with the priority level assigned by the Joint Requirements Oversight Council. The Milestone Decision Authority may withdraw the certification concerned or rescind Milestone A approval (or Key Decision Point A approval in the case of a space program) if the Milestone Decision Authority determines that such action is in the interest of national defense.
(c) Definitions.—
In this section:
In this section:
(1) The term major defense acquisition program has the meaning provided in section 2430 of this title.
(2) The term initial capabilities document means any capabilities requirement document approved by the Joint Requirements Oversight Council that establishes the need for a materiel approach to resolve a capability gap.
(3) The term technology development program means a coordinated effort to assess technologies and refine user performance parameters to fulfill a capability gap identified in an initial capabilities document.
[1] So in original. There is no section “125a(a)” in this title.