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10 U.S.C. § 4402 — Requirement to address modular open system approach in program capabilities development and acquisition weapon system design
Federal law — U.S. Code and appendices · legal_authorities
**(a) Program Capability Document.—** A program capability document for a major defense acquisition program shall identify and characterize—
(1) the extent to which requirements for system performance are likely to evolve during the life cycle of the system because of evolving technology, threat, or interoperability needs; and
(2) for requirements that are expected to evolve, the minimum acceptable capability that is necessary for initial operating capability of the major defense acquisition program.
**(b) Analysis of Alternatives.—** The Director of Cost Assessment and Performance Evaluation, in formulating study guidance for analyses of alternatives for major defense acquisition programs and performing such analyses under [section 139a(d)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section139a/d/4&num=0&edition=prelim), shall ensure that any such analysis for a major defense acquisition program includes consideration of evolutionary acquisition, prototyping, and a modular open system approach.
**(c) Acquisition Strategy.—** In the case of a major defense acquisition program that uses a modular open system approach, the acquisition strategy required under [section 4211 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4211&num=0&edition=prelim) shall—
(1) clearly describe the modular open system approach to be used for the program;
(2) differentiate between the major system platform and major system components being developed under the program, as well as major system components developed outside the program that will be integrated into the major defense acquisition program;
(3) clearly describe the evolution of major system components that are anticipated to be added, removed, o
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Source location: Title 10, Chapter 327, § 4402; chapter-327-weapon-systems-development-and-related-matters.md
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**(a) Program Capability Document.—** A program capability document for a major defense acquisition program shall identify and characterize—
(1) the extent to which requirements for system performance are likely to evolve during the life cycle of the system because of evolving technology, threat, or interoperability needs; and
(2) for requirements that are expected to evolve, the minimum acceptable capability that is necessary for initial operating capability of the major defense acquisition program.
**(b) Analysis of Alternatives.—** The Director of Cost Assessment and Performance Evaluation, in formulating study guidance for analyses of alternatives for major defense acquisition programs and performing such analyses under [section 139a(d)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section139a/d/4&num=0&edition=prelim), shall ensure that any such analysis for a major defense acquisition program includes consideration of evolutionary acquisition, prototyping, and a modular open system approach.
**(c) Acquisition Strategy.—** In the case of a major defense acquisition program that uses a modular open system approach, the acquisition strategy required under [section 4211 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4211&num=0&edition=prelim) shall—
(1) clearly describe the modular open system approach to be used for the program;
(2) differentiate between the major system platform and major system components being developed under the program, as well as major system components developed outside the program that will be integrated into the major defense acquisition program;
(3) clearly describe the evolution of major system components that are anticipated to be added, removed, or replaced in subsequent increments;
(4) identify additional major system components that may be added later in the life cycle of the major system platform;
(5) clearly describe how intellectual property and related issues, such as technical data deliverables, that are necessary to support a modular open system approach, will be addressed; and
(6) clearly describe the approach to systems integration and systems-level configuration management to ensure mission and information assurance.
**(d) Request for Proposals.—** The milestone decision authority for a major defense acquisition program that uses a modular open system approach shall ensure that a request for proposals for the development or production phases of the program shall describe the modular open system approach and the minimum set of major system components that must be included in the design of the major defense acquisition program.
**(e) Milestone B.—** A major defense acquisition program may not receive Milestone B approval under [section 4252 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4252&num=0&edition=prelim) until the milestone decision authority determines in writing—
(1) in the case of a program that uses a modular open system approach, that—
(A) the program incorporates clearly defined major system interfaces between the major system platform and major system components, between major system components, and between major system platforms;
(B) such major system interfaces are consistent with the the 11 So in original. requirements of [section 4401(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4401/a&num=0&edition=prelim); and
(C) the Government has arranged to obtain appropriate and necessary intellectual property rights with respect to such major system interfaces upon completion of the development of the major system platform; or
(2) in the case of a program that does not use a modular open system approach, that the use of a modular open system approach is not practicable.
**(f) Implementation Guidance.—** The Secretaries of the military departments shall issue guidance to implement the requirements of this section.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Acquisition Strategy Required.—** There shall be an acquisition strategy for each major defense acquisition program and each major system approved by a decision authority.
**(b) Responsible Official.—** For each acquisition strategy required by subsection (a), the Under Secretary of Defense for Acquisition and Sustainment, or the decision authority, when the 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 or major system, the Under Secretary, or the decision authority, when the 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 business case and capability management approach for the program or system, and to the maximum extent practicable, describes how capability requirements will be met through delivery of such program or system;
(B) the strategy contains a clear explanation of the resources, such as time, funding, and management capacity, necessary to meet capability requirements;
(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 capabilities in increments, each depending on available mature technology, and that recognizes up front the need for future capability imp
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4211
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Federal law — U.S. Code and appendices · legal_authorities
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means—
(1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense;
(2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and
(3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense.
**(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that—
(1) employs members of the acquisition workforce;
(2) carries out acquisition functions; and
(3) focuses primarily on acquisition.
**(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3001
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Modular Open System Approach Requirement.—** A major defense acquisition program that receives Milestone A or Milestone B approval after January 1, 2019, shall be designed and developed, to the maximum extent practicable, with a modular open system approach to enable incremental development and enhance competition, innovation, and interoperability. Other defense acquisition programs shall also be designed and developed, to the maximum extent practicable, with a modular open system approach to enable incremental development and enhance competition, innovation, and interoperability.
**(b) Disclosure Required.—** Not later than one year after the date of the enactment of this subsection, the Secretary of Defense shall make publicly available any standards for implementation of the modular open system approaches for contracts, unless the service acquisition executive with respect to a specific contract submits to the Secretary a request to not disclose such standards and the Secretary approves such request.
**(c) Definitions.—** In this chapter:
(1) The term “modular open system approach” means, with respect to a major defense acquisition program, an integrated business and technical strategy that—
(A) employs a modular design that uses modular system interfaces between major systems, major system components and modular systems;
(B) is subjected to verification to ensure that relevant modular system interfaces—
(i) comply with, if available and suitable, widely supported and consensus-based standards; or
(ii) are delivered pursuant to the requirements established in subsection (a)(2)(B) of section 804 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021, including the delivery of—
(I) software-defined int
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4401
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Responsibilities.—** Before granting Milestone B approval for a major defense acquisition program or major subprogram, the milestone decision authority for the program or subprogram shall ensure that—
(1) information about the program or subprogram is sufficient to warrant entry of the program or subprogram into the engineering and manufacturing development phase;
(2) appropriate trade-offs among cost, schedule, technical feasibility, and performance objectives have been made to ensure that the program or subprogram is affordable when considering the per-unit cost and the total life-cycle cost, and the Secretary of the military department concerned and the Chief of the armed force concerned concur with these trade-offs; and
(3) there are sound plans for progression of the program or subprogram to the production phase.
**(b) Factors to Be Considered for Milestone B Approval.—** A major defense acquisition program or major subprogram may not receive Milestone B approval until the milestone decision authority confirms the following factors were considered in the decision to grant Milestone B approval:
(1) The program or subprogram has received a preliminary design review and a formal post-preliminary design review or an equivalent assessment was conducted.
(2) The technology in the program or subprogram has been demonstrated in a relevant environment.
(3) The program or subprogram is affordable when considering the ability of the Department of Defense to accomplish the program’s or subprogram’s general mission using alternative systems.
(4) Reasonable lifecycle cost and schedule estimates have been developed to execute, with the concurrence of the Director of Cost Assessment and Program Evaluation, the plan under the program or subprogram.
(5) The estimated
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4252
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Federal law — U.S. Code and appendices · legal_authorities
Page 2761
TITLE 10—ARMED FORCES
§ 4402
‘‘(B) COVERAGE.—The assessment required under
subparagraph (A) shall include—
‘‘(i) an evaluation as to how the technologies
referred to in such subparagraph could be used in
conjunction
with
or
instead
of
existing
cybersecurity standards, frameworks, and tech-
nologies designed to enable communication be-
tween, and coordination of, cybersecurity tools;
‘‘(ii) as appropriate, demonstrations by the
Chief Information Office of the use of such tech-
nologies in enabling communication between, and
coordination
of,
previously
incompatible
cybersecurity tools; and
‘‘(iii) as appropriate, demonstrations of the use
of such technologies in enabling communication
between previously incompatible business sys-
tems.
‘‘(3) SUSTAINMENT
OF
CERTAIN
ENGINEERING
RE-
SOURCES
AND
CAPABILITIES.—During the period the
demonstrations and assessments required under this
subsection are conducted, and thereafter to the ex-
tent required to execute the activities directed by the
Joint All-Domain Command and Control cross-func-
tional team, the Joint All-Domain Command and
Control cross-functional team shall sustain the Sys-
tem of Systems Technology Integration Tool Chain
for Heterogeneous Electronic Systems engineering
resources and capabilities developed by the Defense
Advanced Research Projects Agency.
‘‘(4) TRANSFER OF RESPONSIBILITY.—Not earlier than
1 year before, and not later than 2 years after the
date of the enactment of this Act, the Secretary of
Defense may transfer responsibility for maintaining
the engineering resources and capabilities described
in paragraph (3) to a different organization within the
Department.
‘‘(e) OPEN STANDARDS.—Nothing in this section shall
be construed as requiring, preventing, or int
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 4402
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