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10 U.S.C. § 4211 — Acquisition strategy
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
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Source file: Laws/federal/codes/united-states-code/title-10/section-4211-acquisition-strategy--e0a98cba2f.md
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Source location: Title 10, Chapter 322, § 4211; chapter-322-major-systems-and-major-defense-acquisition-programs-generally.md
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**(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 improvements or transitions to alternative end items through use of continuous competition.
(B) Requirements related to logistics, maintenance, and sustainment in accordance with sections 2464 and 2466 of this title, and the acquisition of technical data, computer software, and associated licenses, to enable such requirements in accordance with sections 3771 through 3775 of this title.
(C) A process for collaborative interaction and market research with the science and technology community, including Department of Defense science and technology reinvention laboratories, government innovation cells, academia, small businesses, nontraditional defense contractors, and other contractors.
(D) Identification of enterprise-wide designs and standards in support of an architecture that provides for an integrated suite of capabilities that focuses on simplicity of implementation and speed of delivery.
(E) Overarching roadmaps that create integrated strategic schedules of legacy systems and new capabilities.
(F) A contracting strategy that develops long-term partnerships with multiple companies to actively contribute to architectures, development, production, and sustainment across the capabilities to be developed by decomposing large systems into smaller sets of projects across time and technical component.
(G) An assignment of roles and responsibilities of key personnel of the acquisition workforce, identification of external stakeholder dependencies, and the need for subject matter expert inputs at critical points in the program, including the need for special hiring authority or advisory and assistance services, in order to deliver the desired capabilities.
(H) A process of testing and experimentation with the test community and end users to ensure continuous user feedback, acceptance, and development of concepts of operations.
**(d) Review.—** The decision authority shall review and approve, as appropriate, the acquisition strategy for a major defense acquisition program or major system prior to the acquisition decision memorandum and ensure that the strategy is updated at regular intervals to incorporate significant changes to program requirements, resourcing, or acquisition decisions.
**(e) Decision Authority Defined.—** In this section, the term “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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** To the extent that funds are otherwise available for obligation, the head of an agency may enter into multiyear contracts for the purchase of property whenever the head of that agency finds each of the following:
(1) That the use of such a contract will result in—
(A) savings of the total anticipated costs of carrying out the program through annual contracts; or
(B) necessary defense industrial base stability not otherwise achievable through annual contracts.
(2) That the minimum need for the property to be purchased is expected to remain substantially unchanged during the contemplated contract period in terms of production rate, procurement rate, and total quantities.
(3) That there is a reasonable expectation that throughout the contemplated contract period the head of the agency will request funding for the contract at the level required to avoid contract cancellation.
(4) That there is a stable design for the property to be acquired and that the technical risks associated with such property are not excessive.
(5) That the estimates of both the cost of the contract and the anticipated cost avoidance through the use of a multiyear contract are realistic.
(6) In the case of a purchase by the Department of Defense, that the use of such a contract will promote the national security of the United States.
(7) In the case of a contract in an amount equal to or greater than $500,000,000, that the conditions required by subparagraphs (C) through (F) of subsection (i)(3) will be met, in accordance with the Secretary’s certification and determination under such subsection, by such contract.
**(b) Regulations.—**
(1) Each official named in paragraph (2) shall prescribe acquisition regulations for the agency or agencies under the jurisdiction o
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3501
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Federal law — U.S. Code and appendices · legal_authorities
<a id="section-2441"></a>
Source: U.S. Code supplied Markdown snapshot · 10 U.S.C. § 2440
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The Secretary of Defense shall prescribe regulations requiring consideration of the national technology and industrial base, in accordance with the strategy required by [section 4811 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4811&num=0&edition=prelim), in the development and implementation of acquisition plans for each major defense acquisition program.
**(b) Acquisition Policy and Guidance.—** The Secretary of Defense shall develop and promulgate acquisition policy and guidance to the service acquisition executives, the heads of the appropriate Defense Agencies and Department of Defense Field Activities, and relevant program managers. Such policy and guidance shall be germane to the use of the research and development, manufacturing, and production capabilities identified pursuant to chapters 381 through 385 and chapter 389 of this title and the technologies, companies, laboratories, and factories in specific Department of Defense research and development, international cooperative research, procurement, and sustainment activities.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4820
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Federal law — U.S. Code and appendices · legal_authorities
<a id="section-2431b"></a>
Source: U.S. Code supplied Markdown snapshot · 10 U.S.C. § 2431a
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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
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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) Allowed Profit to Reflect Cost Risks of Contractor.—** The head of an agency shall ensure that the profit allowed on an undefinitized contractual action for which the final price is negotiated after a substantial portion of the performance required is completed reflects—
(1) the possible reduced cost risk of the contractor with respect to costs incurred during performance of the contract before the final price is negotiated;
(2) the reduced cost risk of the contractor with respect to costs incurred during performance of the remaining portion of the contract;
(3) the increased cost risk of the contractor with respect to any costs incurred prior to the award of the undefinitized contractual action when such costs—
(A) would have been directly chargeable to the contract if incurred after the award of the contract; and
(B) were incurred to meet an anticipated contract delivery schedule or anticipated contract price targets of the Government under an 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); and
(4) the increased cost risk of the contractor with respect to negotiations continuing for more than 180 days beginning on the date on which the contractor submitted the qualifying proposal to definitize such undefinitized contractual action.
**(b) Date as of Which Contractor Cost Risk to Be Determined.—** If a contractor submits a qualifying proposal to definitize an undefinitized contractual action and the contracting officer for such action definitizes the contract after the end of the 180-day period beginning on the date on which the contractor submitted the qualifying proposal, the head of the agency concerned shall ensure that the profit
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3374
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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
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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) 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
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4402
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