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10 U.S.C. § 3222 — Independent cost estimate required before approval
Federal law — U.S. Code and appendices · legal_authorities
**(a) Requirement.—** A milestone decision authority may not approve entering the engineering and manufacturing development phase, or production and deployment phase, of a major defense acquisition program or major subprogram unless an independent cost estimate has been conducted or approved by the Director of Cost Assessment and Program Evaluation and considered by the milestone decision authority that includes a cost estimate of the full life-cycle cost of the program or subprogram.
**(b) Regulations.—** The regulations governing the content and submission of independent cost estimates required by [section 3221 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3221&num=0&edition=prelim) shall require that the independent cost estimate of the full life-cycle cost of a program or subprogram include—
(1) all costs of development, procurement, military construction, operations and support, and trained manpower to operate, maintain, and support the program or subprogram upon full operational deployment, without regard to funding source or management control; and
(2) an analysis to support decisionmaking that identifies and evaluates alternative courses of action that may reduce cost and risk, and result in more affordable programs and less costly systems.
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Source file: Laws/federal/codes/united-states-code/title-10/section-3222-independent-cost-estimate-required-before-approval--c9a38dc8ef.md
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Source location: Title 10, Chapter 222, § 3222; chapter-222-independent-cost-estimation-and-cost-analysis.md
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**(a) Requirement.—** A milestone decision authority may not approve entering the engineering and manufacturing development phase, or production and deployment phase, of a major defense acquisition program or major subprogram unless an independent cost estimate has been conducted or approved by the Director of Cost Assessment and Program Evaluation and considered by the milestone decision authority that includes a cost estimate of the full life-cycle cost of the program or subprogram.
**(b) Regulations.—** The regulations governing the content and submission of independent cost estimates required by [section 3221 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3221&num=0&edition=prelim) shall require that the independent cost estimate of the full life-cycle cost of a program or subprogram include—
(1) all costs of development, procurement, military construction, operations and support, and trained manpower to operate, maintain, and support the program or subprogram upon full operational deployment, without regard to funding source or management control; and
(2) an analysis to support decisionmaking that identifies and evaluates alternative courses of action that may reduce cost and risk, and result in more affordable programs and less costly systems.
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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) In General.—** The Director of Cost Assessment and Program Evaluation shall ensure that the cost estimation and cost analysis processes of the Department of Defense provide accurate information and realistic estimates of cost for the acquisition programs of the Department of Defense.
**(b) Functions.—** In carrying out the responsibility of the Director under subsection (a), the Director shall—
(1) prescribe, by authority of the Secretary of Defense, policies and procedures for the conduct of cost estimation and cost analysis for the acquisition programs of the Department of Defense;
(2) with respect to cost estimation in the Department of Defense in general and with respect to specific cost estimates and cost analyses to be conducted in connection with a major defense acquisition program or major subprogram under chapters 321, 324, and 325, subchapter I of chapter 322, and sections 3042, 4232, 4273, 4293, 4321, 4323, and 4328 of this title, provide guidance to and consult with—
(A) the Secretary of Defense;
(B) the Under Secretary of Defense for Acquisition and Sustainment;
(C) the Under Secretary of Defense (Comptroller);
(D) the Secretaries of the military departments; and
(E) the heads of the Defense Agencies;
(3) issue guidance relating to the proper discussion of risk in cost estimates generally, and specifically, for the proper discussion of risk in cost estimates for major defense acquisition programs and major subprograms;
(4) issue guidance relating to full consideration of life-cycle management and sustainability costs in major defense acquisition programs and major subprograms;
(5) review all cost estimates and cost analyses conducted in connection with major defense acquisition programs and major subprograms;
(6) conduct or appro
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3221
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Federal law — U.S. Code and appendices · legal_authorities
Page 2435
TITLE 10—ARMED FORCES
§ 3223
1701(a)(2) of Pub. L. 117–81, set out in a note preceding
section 3001 of this title and Effective Date note below.
EFFECTIVE DATE
Section and amendment by Pub. L. 116–283 effective
Jan. 1, 2022, with additional provisions for delayed im-
plementation and applicability of existing law, see sec-
tion 1801(d) of Pub. L. 116–283, set out as an Effective
Date of 2021 Amendment note preceding section 3001 of
this title.
§ 3222. Independent cost estimate required be-
fore approval
(a) REQUIREMENT.— A milestone decision au-
thority may not approve entering the engineer-
ing and manufacturing development phase, or
production and deployment phase, of a major de-
fense acquisition program or major subprogram
unless an independent cost estimate has been
conducted or approved by the Director of Cost
Assessment and Program Evaluation and consid-
ered by the milestone decision authority that
includes a cost estimate of the full life-cycle
cost of the program or subprogram.
(b) REGULATIONS.—The regulations governing
the content and submission of independent cost
estimates required by section 3221 of this title
shall require that the independent cost estimate
of the full life-cycle cost of a program or subpro-
gram include—
(1) all costs of development, procurement,
military construction, operations and support,
and trained manpower to operate, maintain,
and support the program or subprogram upon
full operational deployment, without regard to
funding source or management control; and
(2) an analysis to support decisionmaking
that
identifies
and
evaluates
alternative
courses of action that may reduce cost and
risk, and result in more affordable programs
and less costly systems.
(Added and amended Pub. L. 116–283, d
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 3222
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