Browse Arkansas Code titles and sections
10 U.S.C. § 4212 — Risk management and mitigation in major defense acquisition programs and major systems
Federal law — U.S. Code and appendices · legal_authorities
**(a) Requirement.—** The Secretary of Defense shall ensure that the initial 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)) approved by the milestone decision authority and any subsequent revisions include the following:
(1) A comprehensive approach for managing and mitigating risk (including technical, cost, and schedule risk) during each of the following periods or when determined appropriate by the milestone decision authority:
(A) The period preceding engineering manufacturing development, or its equivalent.
(B) The period preceding initial production.
(C) The period preceding full-rate production.
(2) An identification of the major sources of risk in each of the periods listed in paragraph (1) to improve programmatic decisionmaking and appropriately minimize and manage program concurrency.
**(b) Approach to Manage and Mitigate Risks.—** The comprehensive approach to manage and mitigate risk included in the acquisition strategy for purposes of subsection (a)(1) shall, at a minimum, include consideration of risk mitigation techniques such as the following:
(1) Prototyping (including prototyping at the system, subsystem, or component level and competitive prototyping, where appropriate) and, if prototyping at either the system, subsystem, or component level is not used, an explanation of why it is not appropriate.
(2) Modeling and simulation, the areas that modeling and simulation will assess, and identification of the need for development of any new modeling and simulation tools in order to support the comprehensive strategy.
(3) Technology demonstrations and decision points for disciplined transition of planned technologies into p
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4212
Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: 7c1f54d32abf866858068c51315c12ce9984121f24d531433c6a77ae28d38565. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Open the recorded source website ↗
Record provenance
Stable record: federal_law:legal_authorities:record_usc_21ef4cadf76a43a27bce5030
Source file: Laws/federal/codes/united-states-code/title-10/section-4212-risk-management-and-mitigation-in-major-defense-acquisition-programs-and--13e8dc4e47.md
Pages: Not recorded – Not recorded
Passage SHA-256: 5940c6c489f8492cec3b1f75eddccd55b3ef119141f9e160410e2a474fc4065e
Source location: Title 10, Chapter 322, § 4212; chapter-322-major-systems-and-major-defense-acquisition-programs-generally.md
Stored source content
**(a) Requirement.—** The Secretary of Defense shall ensure that the initial 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)) approved by the milestone decision authority and any subsequent revisions include the following:
(1) A comprehensive approach for managing and mitigating risk (including technical, cost, and schedule risk) during each of the following periods or when determined appropriate by the milestone decision authority:
(A) The period preceding engineering manufacturing development, or its equivalent.
(B) The period preceding initial production.
(C) The period preceding full-rate production.
(2) An identification of the major sources of risk in each of the periods listed in paragraph (1) to improve programmatic decisionmaking and appropriately minimize and manage program concurrency.
**(b) Approach to Manage and Mitigate Risks.—** The comprehensive approach to manage and mitigate risk included in the acquisition strategy for purposes of subsection (a)(1) shall, at a minimum, include consideration of risk mitigation techniques such as the following:
(1) Prototyping (including prototyping at the system, subsystem, or component level and competitive prototyping, where appropriate) and, if prototyping at either the system, subsystem, or component level is not used, an explanation of why it is not appropriate.
(2) Modeling and simulation, the areas that modeling and simulation will assess, and identification of the need for development of any new modeling and simulation tools in order to support the comprehensive strategy.
(3) Technology demonstrations and decision points for disciplined transition of planned technologies into programs or the selection of alternative technologies.
(4) Multiple design approaches.
(5) Alternative designs, including any designs that meet requirements but do so with reduced performance.
(6) Phasing of program activities or related technology development efforts in order to address high-risk areas as early as feasible.
(7) Manufacturability and industrial base availability.
(8) Independent risk element assessments by outside subject matter experts.
(9) Schedule and funding margins for identified risks.
**(c) Preference for Prototyping.—** To the maximum extent practicable and consistent with the economical use of available financial resources, the milestone decision authority for each major defense acquisition program shall ensure that the acquisition strategy for the program provides for—
(1) the production of competitive prototypes at the system or subsystem level before Milestone B approval; or
(2) if the production of competitive prototypes is not practicable, the production of single prototypes at the system or subsystem level.
**(d) Concurrency Defined.—** In this section, the term “concurrency” means, with respect to an acquisition strategy, the combination or overlap of program phases or activities.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
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
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
<a id="section-2432"></a>
Source: U.S. Code supplied Markdown snapshot · 10 U.S.C. § 2431b
Stored review status: release_metadata_unconfirmed; partially_verified. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
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
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 2709
TITLE 10—ARMED FORCES
§ 4212
tion and risk reduction pursuant to guidance
prescribed by the Secretary of Defense for the
management of Department of Defense acqui-
sition 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 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 pro-
gram or major system, means the capacity to
manage the program or system through the
use of highly qualified organizations and per-
sonnel with appropriate experience, knowl-
edge, and skills.
(5) The term ‘‘significant change to the
cost’’, with respect to a major defense acquisi-
tion program or major system, means a sig-
nificant 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 ac-
quisition program or major system, means any
schedule delay greater than six months in a
reported event.
(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.
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 4212
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.