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10 U.S.C. § 3602 — Middle tier of acquisition for rapid prototyping and rapid fielding

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 3602 — Middle tier of acquisition for rapid prototyping and rapid fielding

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Source file: Laws/federal/codes/united-states-code/title-10/section-3602-middle-tier-of-acquisition-for-rapid-prototyping-and-rapid-fielding--50806ca745.md
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Source location: Title 10, Chapter 253, § 3602; chapter-253-rapid-acquisition-procedures.md

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**(a) Guidance Required.—** The Under Secretary of Defense for Acquisition and Sustainment, in consultation with the Comptroller of the Department of Defense and the Vice Chairman of the Joint Chiefs of Staff, shall establish pathways as described under subsection (b) to establish a process for conducting middle tier acquisitions for programs or projects that are intended to be completed in a period of two to five years. **(b) Acquisition Pathways.—** The Under Secretary of Defense for Acquisition and Sustainment shall establish the following two acquisition pathways: (1) **Rapid prototyping.—** — The rapid prototyping pathway shall provide for the use of innovative technologies to rapidly develop fieldable prototypes to demonstrate new capabilities and meet emerging military needs. The objective of an acquisition program or project under this pathway shall be to field a prototype that can be demonstrated in an operational environment and provide for a residual operational capability within five years of the development of an approved requirement. (2) **Rapid fielding.—** — The rapid fielding pathway shall provide for the use of proven technologies to field production quantities of new or upgraded systems with minimal development required. The objective of an acquisition program or project under this pathway shall be to begin production within six months and complete fielding within five years of the development of an approved requirement. **(c) Expedited Process.—** (1) **In general.—** — Before using the authority under this section, the Under Secretary shall develop a streamlined and coordinated requirements, budget, and acquisition process that results in the development of an approved requirement for each acquisition program or project in a period of not more than six months from the time that the process is initiated. Programs or projects carried out under the authority of this section shall not be subject to the Joint Capabilities Integration and Development System Manual and Department of Defense Directive 5000.01. (2) **Rapid prototyping.—** — With respect to the rapid prototyping pathway, the process described in paragraph (1) shall include— (A) a merit-based process for the consideration of innovative technologies and new capabilities to meet needs communicated by the Joint Chiefs of Staff and the combatant commanders; (B) a process for developing and implementing acquisition and funding strategies for a program or project to be carried out under such pathway; (C) a process for demonstrating and evaluating the performance of fieldable prototypes developed pursuant to such program or project in an operational environment; (D) a process for transitioning successful prototypes to new or existing acquisition programs for production and fielding under the rapid fielding pathway or the major capability acquisition pathway (as defined under Department of Defense Instruction 5000.85 or successor instruction); and (E) a process for iterating prototyping and fielding within the rapid prototyping pathway that may use a process described in paragraph (4)(F). (3) **Rapid fielding.—** — With respect to the rapid fielding pathway, the process described in paragraph (1) shall include— (A) a merit-based process for the consideration of existing products and proven technologies to meet needs communicated by the Joint Chiefs of Staff and the combatant commanders; (B) a process for demonstrating performance and evaluating for current operational purposes the proposed products and technologies; (C) a process for developing and implementing acquisition and funding strategies for a program or project to be carried out under such pathway; (D) a process for considering lifecycle costs and addressing issues of logistics support and system interoperability; and (E) a process for identifying and exploiting opportunities to use the rapid fielding pathway to reduce total ownership costs. (4) **Streamlined procedures.—** — The process described in paragraph (1) may provide for any of the following streamlined procedures: (A) The service acquisition executive of the military department concerned may appoint a program manager for a program or project for which the authority under this section is used from among candidates from among civilian employees or members of the armed forces who have significant and relevant experience managing large and complex programs. (B) A program manager appointed under subparagraph (A) may be provided staff positions for a technical staff, including experts in business management, cost estimation, contracting, auditing, engineering, certification, testing, and logistics, to enable the program manager to manage the program without the technical assistance of another element of the Department of Defense to the maximum extent practicable. (C) A program manager appointed under subparagraph (A) may, in coordination with the users of the good or service to be acquired under such a program or project and the test community, to make trade-offs among life-cycle costs, requirements, and schedules to meet the goals of the program or project. (D) Each service acquisition executive, acting in coordination with the defense acquisition executive, may serve as the decision authority for a program or project for which the authority under this section is used, or shall delegate such decision authority. (E) A program manager appointed under subparagraph (A) may seek an expedited waiver from any regulatory requirement, or in the case of a statutory requirement, a waiver from Congress, that the program manager determines adds cost, schedule, or performance delays with little or no value to the management of such program or project. (F) If an operational capability is fielded for a program or project for which the authority under this section is used, the appropriate service acquisition executive may permit continuous iterative prototyping and fielding under the same program or project for an unlimited number of subsequent periods, where each period is intended to be five years.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 3201 — Full and open competition

**(a) In General.—** Except as provided in sections 3203, 3204(a), and 3205 of this title and except in the case of procurement procedures otherwise expressly authorized by statute, the head of an agency in conducting a procurement for property or services— (1) shall obtain full and open competition through the use of competitive procedures in accordance with the requirements of this section and sections 3069, 3203, 3204, 3205, 3403, 3405, 3406, 3901, 4501, and 4502 of this title and the Federal Acquisition Regulation; and (2) shall use the competitive procedure or combination of competitive procedures that is best suited under the circumstances of the procurement. **(b) Determination of Appropriate Competitive Procedures.—** In determining the competitive procedure appropriate under the circumstances, the head of an agency— (1) shall solicit sealed bids if— (A) time permits the solicitation, submission, and evaluation of sealed bids; (B) the award will be made on the basis of price and other price-related factors; (C) it is not necessary to conduct discussions with the responding sources about their bids; and (D) there is a reasonable expectation of receiving more than one sealed bid; and (2) shall request competitive proposals if sealed bids are not appropriate under paragraph (1). **(c) Efficient Fulfillment of Government Requirements.—** The Federal Acquisition Regulation shall ensure that the requirement to obtain full and open competition is implemented in a manner that is consistent with the need to efficiently fulfill the Government’s requirements. **(d) Certain Purchases or Contracts to Be Treated as if Made With Sealed-bid Procedures.—** For the purposes of the following, purchases or contracts awarded after using procedures other than seale

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1749 — Field training for acquisition and sustainment

**(a) Training Program.—** Not later than 180 days after the date of the enactment of this section, the Under Secretary for Acquisition and Sustainment shall establish a training program that supports cross-functional personnel and contractors of the Department of Defense involved in any phase of the acquisition and sustainment lifecycle in making important decisions with respect to acquisition or sustainment, including requirements validation, the development of an acquisition strategy, awarding contracts, and ongoing management of performance and governance. **(b) Elements.—** The training program established under subsection (a) shall— (1) create deployable training teams to coach the cross-functional personnel and contractors described in subsection (a) and facilitate such personnel and contractors successfully completing a phase of an acquisition or sustainment effort with the same training team to the maximum extent possible; (2) to the extent practicable, ensure that the same training team under paragraph (1) provides the support described under such paragraph with respect to a phase of an acquisition or sustainment effort until such phase is completed or otherwise ends; (3) provide to the cross-functional personnel and contractors described in subsection (a) short, intermittent lessons on innovative acquisition and fielding procedures, flexible contracting frameworks, and business negotiation skills that are timed to align the topics of the lessons to relevant activities under a phase of an acquisition or sustainment effort; (4) emphasize— (A) the acquisition of commercial products, commercial services, and commercially available off-the-shelf items (as such terms are defined in sections 103, 103a, and 104, respectively, of title 41); (B) technology p

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1749

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2271 — Management of space programs: joint program offices and officer management programs

**(a) Joint Program Offices.—** The Secretary of Defense shall take appropriate actions to ensure, to the maximum extent practicable, that space development and acquisition programs of the Department of Defense are carried out through joint program offices. **(b) Officer Management Programs.—** (1) The Secretary of Defense shall take appropriate actions to ensure, to the maximum extent practicable, that— (A) Army, Navy, and Marine Corps officers, as well as Air Force officers, are assigned to the space development and acquisition programs of the Department of Defense; and (B) Army, Navy, and Marine Corps officers, as well as Air Force officers, are eligible, on the basis of qualification, to hold leadership positions within the joint program offices referred to in subsection (a). (2) The Secretary of Defense shall designate those positions in the Office of the National Security Space Architect of the Department of Defense (or any successor office) that qualify as joint duty assignment positions for purposes of chapter 38 of this title.

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2271

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 3601 — Procedures for urgent acquisition and deployment of capabilities needed in response to urgent operational needs or vital national security interest

**(a) Procedures.—** (1) **In general.—** — The Secretary of Defense shall prescribe procedures for the urgent acquisition and deployment of capabilities needed in response to urgent operational needs. The capabilities for which such procedures may be used in response to an urgent operational need are those— (A) that, subject to such exceptions as the Secretary considers appropriate for purposes of this section— (i) can be fielded within a period of two to 24 months; (ii) do not require substantial development effort; (iii) are based on technologies that are proven and available; and (iv) can appropriately be acquired under fixed-price contracts; (B) that can be developed or procured under a rapid acquisition pathway; or (C) with respect to an armed attack by a country of concern (as defined in section 1(m) of the State Department Basic Authorities Act of 1956 ([22 U.S.C. 2651a(m)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2651a/m&num=0&edition=prelim))), to which the United States is not a party, for purposes of— (i) replenishing United States stockpiles of defense articles when such stockpiles are diminished as a result of the United States providing defense articles in response to such armed attack by a country of concern against— (I) a United States ally (as that term is defined in section 201(d) of the Act of December 2, 1942, titled “To provide benefits for the injury, disability, death, or enemy detention of employees of contractors with the United States, and for other purposes” (56 Stat. 1028, chapter 668; [42 U.S.C. 1711(d)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1711/d&num=0&edition=prelim))); or (II) a United States partner; or (ii) co

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3601

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 4067 — Technology protection features activities

**(a) Activities.—** The Secretary of Defense shall carry out activities to develop and incorporate technology protection features in a designated system to increase ally and partner military capability or improve coalition interoperability. **(b) Cost-sharing.—** (1) Any contract for the design or development of a system resulting from activities under subsection (a) for the purpose of enhancing or enabling the exportability of the system, either for the development of program protection strategies for the system or the design and incorporation of exportability features into the system, shall include a cost-sharing provision that requires the contractor to bear half of the cost of such activities, or such other portion of such cost as the Secretary considers appropriate upon showing of good cause. (2) Any contract for the design or development of an exportability feature of a system resulting from activities under subsection (a) for the purpose of enhancing or enabling the exportability of the system shall include a cost-sharing provision that requires the contractor to bear half of the cost of such activities, or such other portion of such cost as the Secretary considers appropriate upon showing of good cause. (3) The Secretary may deem the portion of the costs of the contractor described in paragraph (1) or (2) with respect to a designated system or exportability feature as allowable independent research and development costs under the regulations issued under [section 3762 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3762&num=0&edition=prelim) if— (A) in the case of a designated system, the designated system receives Milestone B approval; and (B) the Secretary determines that doing so would further the purposes

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 4201 — Major defense acquisition programs: definition; exceptions

**(a) Definition.—** Except as provided under subsection (b), in this part, the term “major defense acquisition program” means a Department of Defense acquisition program that is not a highly sensitive classified program (as determined by the Secretary of Defense) and— (1) that is designated by the Secretary of Defense as a major defense acquisition program; or (2) in the case of a program that is not a program for the acquisition of an automated information system (either a product or a service), that is estimated by the Secretary of Defense to require— (A) an eventual total expenditure for research, development, test, and evaluation of more than $1,000,000,000 (based on fiscal year 2024 constant dollars); or (B) an eventual total expenditure for procurement, including all planned increments or spirals, of more than $4,500,000,000 (based on fiscal year 2024 constant dollars). **(b) Exceptions.—** In this part, the term “major defense acquisition program” does not include the following: (1) An acquisition program or project that is carried out using the rapid fielding or rapid prototyping acquisition pathway under [section 3602 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3602&num=0&edition=prelim). (2) An acquisition program for a defense business system (as defined in [section 2222(i)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2222/i/1&num=0&edition=prelim)) carried out using the acquisition guidance issued pursuant to section 883(e) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; [10 U.S.C. 2223a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2223a&num=0&edition=prelim) note).11 See References in

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 4324 — Life-cycle management and product support

**(a) In General.—** The Secretary of Defense shall ensure that each covered system is supported by a performance-based life-cycle sustainment plan— (1) that is approved by the service acquisition executive responsible for such covered system; and (2) that meets applicable operational readiness requirements and materiel readiness objectives (established under [section 118(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section118/c&num=0&edition=prelim)) in the most cost-effective manner practicable. **(b) Life-cycle Sustainment Plan.—** (1) A product support manager shall develop, update, and implement a life-cycle sustainment plan for each covered system for which the product support manager is responsible. Such plan shall include the following: (A) A comprehensive product support strategy that addresses each Integrated Product Support Element in a manner— (i) to best achieve operational readiness requirements and materiel readiness objectives throughout the planned life cycle of such system; and (ii) that allows evaluation and selection of product support integrators and product support providers appropriate to execute the product support strategy. (B) A life-cycle cost estimate for the covered system that— (i) is based on the product support strategy described in subparagraph (A); and (ii) if the covered system is a major defense acquisition program or major subprogram, is developed in accordance with the requirements to support a Milestone A approval, Milestone B approval, or Milestone C approval. (C) Recommended engineering and design considerations that support cost-effective sustainment of the covered system and best value solutions in life cycle planning and management. (D) An intellectu

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4324

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 9081 — The United States Space Force

**(a) Establishment.—** There is established a United States Space Force as an armed force within the Department of the Air Force. **(b) Composition.—** The Space Force consists of— (1) the Regular Space Force; (2) all persons appointed or enlisted in, or conscripted into, the Space Force, including those not assigned to units, necessary to form the basis for a complete and immediate mobilization for the national defense in the event of a national emergency; and (3) all Space Force units and other Space Force organizations, including installations and supporting and auxiliary combat, training, administrative, and logistic elements. **(c) Functions.—** The Space Force shall be organized, trained, and equipped to— (1) provide freedom of operation for the United States in, from, and to space; (2) conduct space operations; and (3) protect the interests of the United States in space.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 3602 — Middle tier of acquisition for rapid proto-

Page 2513 TITLE 10—ARMED FORCES § 3602 ‘‘(d) SUNSET.—The authority under subsection (a) shall terminate on September 30, 2028. ‘‘(e) ANNUAL REPORT.—Not later than January 15, 2025, and annually thereafter for four years, the Chair- man of the Joint Chiefs of Staff, in coordination with the Under Secretary of Defense for Acquisition and Sustainment, shall submit to the congressional defense committees [Committees on Armed Services and Ap- propriations of the Senate and the House of Represent- atives] a report on the use of the authority under this section for the fiscal year preceding the date of submis- sion of the report. The report shall include a summary of each instance of the authority being used, includ- ing— ‘‘(1) an identification of each commander submit- ting a request under subsection (a); ‘‘(2) an identification of each senior contracting of- ficial responding to such request; and ‘‘(3) the specific special authority requested, includ- ing an identification of the contractor that performed the contract and the value of the contract.’’ NOTICE TO COMMITTEES ON APPROPRIATIONS TO BE CONCURRENTLY SUBMITTED TO SUBCOMMITTEES ON DEFENSE Pub. L. 118–47, div. A, title VIII, § 8071, Mar. 23, 2024, 138 Stat. 501, provided that: ‘‘Any notice that is re- quired to be submitted to the Committees on Appro- priations of the House of Representatives and the Sen- ate under section 3601 of title 10, United States Code, as added by section 804(a) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 shall be submitted pursuant to that requirement concurrently to the Subcommittees on Defense of the Committees on Appropriations of the House of Representatives and the Senate.’’ Similar provisions were contained in the following prior a

Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 3602

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