§ 4252.
Major defense acquisition programs: factors to be considered before Milestone B approval
(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 procurement unit cost for the program or subprogram and the estimated date for initial operational capability for the baseline description for the program or subprogram (under
section 4214 of this title) have been established.
(6)
Funding is expected to be available to execute the product development and production plan for the program or subprogram, consistent with the estimates described in paragraph (4) for the program or subprogram.
(7)
Appropriate market research has been conducted prior to technology development, including market research of commercial products, commercial services, and nondevelopmental items (as defined in
section 110 of title 41).
(8)
The Department of Defense has completed an analysis of alternatives with respect to the program or subprogram, or in lieu of an analysis of alternatives, early experimentation with a combatant commander has been conducted.
(9)
The Joint Requirements Oversight Council has accomplished its duties with respect to the program or subprogram pursuant to
section 181(b) of this title, including an analysis of the operational requirements for the program or subprogram.
(10)
Life-cycle sustainment planning has identified and evaluated relevant sustainment cost elements, factors, risks, and gaps that are likely to drive readiness of the system as well as operating and supporting costs.
(11)
An estimate has been made of the requirements for core logistics capabilities and the associated sustaining workloads required to support such requirements.
(12)
The program or subprogram complies with all relevant policies, regulations, and directives of the Department of Defense.
(13)
Appropriate actions are planned for the acquisition of technical data required to support the program or subprogram.
(15)
In the case of a naval vessel program or subprogram, such program or subprogram is in compliance with the requirements of
section 8669b of this title.
(Added [Pub. L. 109–163, div. A, title VIII, § 801(a)], Jan. 6, 2006, [119 Stat. 3366], § 2366a; amended [Pub. L. 109–364, div. A, title VIII, § 805], Oct. 17, 2006, [120 Stat. 2314]; [Pub. L. 110–181, div. A, title VIII, § 812], Jan. 28, 2008, [122 Stat. 219]; renumbered § 2366b, [Pub. L. 110–417], [div. A], title VIII, § 813(a), (b), Oct. 14, 2008, [122 Stat. 4527]; [Pub. L. 111–23, title I, § 101(d)(4)], title II, §§ 201(f), 205(a), May 22, 2009, [123 Stat. 1710], 1720, 1724; [Pub. L. 111–383, div. A, title VIII], §§ 813(d)(1), 814(c), title IX, § 901(j)(4), title X, § 1075(k)(1), Jan. 7, 2011, [124 Stat. 4265], 4266, 4324, 4378; [Pub. L. 112–81, div. A, title VIII], §§ 801(b), (e)(2), 819(b), Dec. 31, 2011, [125 Stat. 1483], 1484, 1501; [Pub. L. 112–239, div. A, title III, § 322(e)(2)], title IX, § 904(e)(2), Jan. 2, 2013, [126 Stat. 1695], 1867; [Pub. L. 113–66, div. A, title VIII], §§ 821(a), 822(a), title X, § 1091(b)(1), Dec. 26, 2013, [127 Stat. 809], 876; [Pub. L. 114–92, div. A, title VIII, § 824(a)], Nov. 25, 2015, [129 Stat. 903]; [Pub. L. 114–328, div. A, title VIII], §§ 805(a)(3), 807(e), 808(b), 843, Dec. 23, 2016, [130 Stat. 2255], 2262, 2263, 2290; [Pub. L. 115–91, div. A, title VIII], §§ 835(b)(1), 838(a)(1), Dec. 12, 2017, [131 Stat. 1471], 1474; [Pub. L. 115–232, div. A, title VIII, § 831(b)(3)], Aug. 13, 2018, [132 Stat. 1857]; [Pub. L. 116–92, div. A, title VIII, § 833], Dec. 20, 2019, [133 Stat. 1494]; renumbered § 4252 and amended [Pub. L. 116–283, div. A, title VIII, § 802(b)], title XVIII, §§ 1847(d)(2), 1883(b)(2), Jan. 1, 2021, [134 Stat. 3732], 4255, 4294; [Pub. L. 117–81, div. A, title XVII, § 1701](o)(6)(C)(iii), Dec. 27, 2021, [135 Stat. 2147]; [Pub. L. 118–159, div. A, title VIII, § 807], Dec. 23, 2024, [138 Stat. 1974].)