10 U.S.C. § 4211

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 4211 - Acquisition strategy

(a) ACQUISITION STRATEGY REQUIRED.-There shall be an acquisition strategy for each major defense acquisition program, each major automated information system, and each major system approved by a milestone decision authority.

(b) RESPONSIBLE OFFICIAL.-For each acquisition strategy required by subsection (a), the Under Secretary of Defense for Acquisition and Sustainment, or the milestone decision authority, when the milestone decision authority is the service acquisition executive of the military department that is managing the program, is responsible for issuing and maintaining the requirements for-

(1) the content of the strategy; and

(2) the review and approval process for the strategy.

(c) CONSIDERATIONS.-

(1) In issuing requirements for the content of an acquisition strategy for a major defense acquisition program, major automated information system, or major system, the Under Secretary, or the milestone decision authority, when the milestone decision authority is the service acquisition executive of the military department that is managing the program, shall ensure that-

(A) the strategy clearly describes the proposed top-level business and technical management approach for the program or system, in sufficient detail to allow the milestone decision authority to assess the viability of the proposed approach, the method of implementing laws and policies, and program objectives;

(B) the strategy contains a clear explanation of how the strategy is designed to be implemented with available resources, such as time, funding, and management capacity;

(C) the strategy is tailored to address program requirements and constraints; and

(D) the strategy considers the items listed in paragraph (2).

(2) Each strategy shall, where appropriate, consider the following:

(A) An approach that delivers required capability in increments, each depending on available mature technology, and that recognizes up front the need for future capability improvements.

(B) Acquisition approach, including industrial base considerations in accordance with section 4820 of this title.

(C) Risk management, including such methods as competitive prototyping at the system, subsystem, or component level.

(D) Business strategy, including measures to ensure competition at the system and subsystem level throughout the life-cycle of the program or system in accordance with section 4324 of this title.

(E) Contracting strategy, including-

(i) contract type and how the type selected relates to level of program risk in each acquisition phase;

(ii) how the plans for the program or system to reduce risk enable the use of fixed-price elements in subsequent contracts and the timing of the use of those fixed price elements;

(iii) market research; and

(iv) consideration of small business participation.

(F) Intellectual property strategy in accordance with sections 3771 through 3775 of this title.

(G) International involvement, including foreign military sales and cooperative opportunities, in accordance with section 2350a of this title.

(H) Multiyear procurement in accordance with sections 3501 through 3511¹ of this title.

(I) Integration of current intelligence assessments into the acquisition process.

(J) Requirements related to logistics, maintenance, and sustainment in accordance with sections 2464 and 2466 of this title.

(d) REVIEW.-

(1) The milestone decision authority shall review and approve, as appropriate, the acquisition strategy for a major defense acquisition program, major automated information system, or major system at each of the following times:

(A) Milestone A approval.

(B) The decision to release the request for proposals for development of the program or system.

(C) Milestone B approval.

(D) Each subsequent milestone.

(E) Review of any decision to enter into full-rate production.

(F) When there has been-

(i) a significant change to the cost of the program or system;

(ii) a critical change to the cost of the program or system;

(iii) a significant change to the schedule of the program or system; or

(iv) a significant change to the performance of the program or system.

(G) Any other time considered relevant by the milestone decision authority.

(2) If the milestone decision authority revises an acquisition strategy for a program or system because of a change described in paragraph (1)(F), the milestone decision authority shall provide notice of the revision to the congressional defense committees.

(e) DEFINITIONS.-In this section:

(1) The term "Milestone A approval" means a decision to enter into technology maturation and risk reduction pursuant to guidance prescribed by the Secretary of Defense for the management of Department of Defense acquisition programs.

(2) The term "Milestone B approval" has the meaning provided in section 4172(e)(7) of this title.

(3) The term "milestone decision authority", with respect to a major defense acquisition program, major automated information system, or major system, means the official within the Department of Defense designated with the overall responsibility and authority for acquisition decisions for the program or system, including authority to approve entry of the program or system into the next phase of the acquisition process.

(4) The term "management capacity", with respect to a major defense acquisition program, major automated information system, or major system, means the capacity to manage the program or system through the use of highly qualified organizations and personnel with appropriate experience, knowledge, and skills.

(5) The term "significant change to the cost", with respect to a major defense acquisition program or major system, means a significant cost growth threshold, as that term is defined in section 4371(a)(2) of this title.

(6) The term "critical change to the cost", with respect to a major defense acquisition program or major system, means a critical cost growth threshold, as that term is defined in section 4371(a)(3) of this title.

(7) The term "significant change to the schedule", with respect to a major defense acquisition program, major automated information system, or major system, means any schedule delay greater than six months in a reported event.

¹See References in Text note below.

10 U.S.C. § 4211

Added Pub. L. 114-92, div. A, title VIII, §821(a)(1), Nov. 25, 2015, 129 Stat. 897, §2431a; amended Pub. L. 114-328, div. A, title VIII, §848, Dec. 23, 2016, 130 Stat. 2292; Pub. L. 115-91, div. A, title X, §1081(a)(39), Dec. 12, 2017, 131 Stat. 1596; Pub. L. 116-92, div. A, title IX, §902(70), Dec. 20, 2019, 133 Stat. 1551; renumbered §4211 and amended Pub. L. 116-283, div. A, title XVIII, §1847(b)(1), (2), Jan. 1, 2021, 134 Stat. 4253; Pub. L. 117-81, div. A, title XVII, §1701(s)(1), Dec. 27, 2021, 135 Stat. 2149.

EDITORIAL NOTES

REFERENCES IN TEXTSections 3501 through 3511 of this title, referred to in subsec. (c)(2)(H), was, prior to amendment by Pub. L. 116-283, "section 2306b of this title", but probably should have been amended to read "section 3501 of this title" because of the amendment by Pub. L. 117-81, div. A, title XVII, §1701(k)(2), Dec. 27, 2021, 135 Stat. 2143, which amended section 1822 of Pub. L. 116-283 by striking subsections (b) through (l) of such section and adding a new subsec. (b) to such section which transferred section 2306b of this title to section 3501 of this title.

AMENDMENTS2021- Pub. L. 116-283, §1847(b)(1)(A), renumbered section 2431a of this title as this section.Subsec. (c)(2)(B). Pub. L. 116-283, §1847(b)(2), formerly §1847(b)(2)(B), as redesignated and amended by Pub. L. 117-81, §1701(s)(1), substituted "section 4820 of this title" for "section 2440 of this title". Subsec. (c)(2)(D). Pub. L. 116-283, §1847(b)(1)(B)(i)(I), substituted "section 4324" for "section 2337".Subsec. (c)(2)(F). Pub. L. 116-283, §1847(b)(1)(B)(i) (II), substituted "sections 3771 through 3775" for "section 2320".Subsec. (c)(2)(H). Pub. L. 116-283, §1847(b)(1)(B)(i) (III), substituted "sections 3501 through 3511" for "section 2306b".Subsec. (c)(3). Pub. L. 116-283, §1847(b)(2)(A), which directed the transfer of section 2440 of this title to subsec. (c)(3) of this section and substitution of "section 4811" for "section 2501" in text, was repealed by Pub. L. 117-81, §1701(s)(1)(A) .Subsec. (e). Pub. L. 116-283, §1847(b)(1)(C), which directed amendment of subsec. (e) by striking pars. (1) and (2) and redesignating pars. (3) to (10) as (1) to (8), respectively, was executed by striking pars. (1) and (2) and redesignating former pars. (3) to (9) as (1) to (7), respectively, to reflect the probable intent of Congress, as no par. (10) had been enacted. Prior to amendment, pars. (1) and (2) defined "major defense acquisition program" and "major system", respectively. Subsec. (e)(4). Pub. L. 116-283, §1847(b)(1)(B) (ii)(I), substituted "section 4172(e)(7)" for "section 2366(e)(7)". Subsec. (e)(7). Pub. L. 116-283, §1847(b)(1)(B) (ii)(II), substituted "section 4371(a)(2)" for "section 2433(a)(4)". Subsec. (e)(8). Pub. L. 116-283, §1847(b)(1)(B) (ii)(III), substituted "section 4371(a)(3)" for "section 2433(a)(5)". 2019-Subsec. (b). Pub. L. 116-92 substituted "Under Secretary of Defense for Acquisition and Sustainment" for "Under Secretary of Defense for Acquisition, Technology, and Logistics" in introductory provisions.2017-Subsec. (d)(1). Pub. L. 115-91 inserted "(1)" before "The milestone". 2016-Subsec. (b). Pub. L. 114-328, §848(1), in introductory provisions, inserted ",or the milestone decision authority, when the milestone decision authority is the service acquisition executive of the military department that is managing the program," after "the Under Secretary of Defense for Acquisition, Technology, and Logistics". Subsec. (c)(1). Pub. L. 114-328, §848(2)(A), in introductory provisions, inserted ",or the milestone decision authority, when the milestone decision authority is the service acquisition executive of the military department that is managing the program," after "the Under Secretary".Subsec. (c)(2)(C). Pub. L. 114-328, §848(2)(B), struck out ",in accordance with section 2431b of this title" before period at end.Subsec. (d). Pub. L. 114-328, §848(3), substituted "The" for "(1) Subject to the authority, direction, and control of the Under Secretary of Defense for Acquisition, Technology, and Logistics, the" and, in par. (2), inserted "because of a change described in paragraph (1)(F)" after "for a program or system".

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 2021 AMENDMENT Amendment by Pub. L. 117-81 applicable as if included in the enactment of title XVIII of Pub. L. 116-283 as enacted, see section 1701(a)(2) of Pub. L. 117-81, set out in a note preceding section 3001 of this title and note below.Amendment by Pub. L. 116-283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116-283, set out as a note preceding section 3001 of this title.

congressional defense committees

The term "congressional defense committees" means-(A) the Committee on Armed Services and the Committee on Appropriations of the Senate; and(B) the Committee on Armed Services and the Committee on Appropriations of the House of Representatives.

service acquisition executive

The term "service acquisition executive" means the civilian official within a military department who is designated as the service acquisition executive for purposes of regulations and procedures providing for a service acquisition executive for that military department.