§ 4251.
Major defense acquisition programs: determination required before Milestone A approval
(b)
Written Determination Required.—
A major defense acquisition program or subprogram may not receive Milestone A approval or otherwise be initiated prior to Milestone B approval until the milestone decision authority determines in writing, after consultation with the Joint Requirements Oversight Council on matters related to program requirements and military needs—
(1)
that the program fulfills an approved initial capabilities document;
(2)
that the program has been developed in light of appropriate market research;
(3)
if the program duplicates a capability already provided by an existing system, the duplication provided by such program is necessary and appropriate;
(4)
that, with respect to any identified areas of risk, including risks determined by the identification of critical technologies required under
section 4272(a)(1) of this title or any other risk assessment, there is a plan to reduce the risk;
(5)
that planning for sustainment has been addressed and that a determination of applicability of core logistics capabilities requirements has been made;
(6)
that an analysis of alternatives has been performed consistent with study guidance developed by the Director of Cost Assessment and Program Evaluation;
(7)
that a cost estimate for the program has been submitted, with the concurrence of the Director of Cost Assessment and Program Evaluation, and that the level of resources required to develop, procure, and sustain the program is sufficient for successful program execution;
(8)
that, with respect to a program initiated after January 1, 2019, technology shall be developed in the program (after Milestone A approval) only if the milestone decision authority determines with a high degree of confidence that such development will not delay the fielding target of the program, or, if the milestone decision authority does not make such determination for a major system component being developed under the program, the milestone decision authority ensures that the technology related to the major system component shall be sufficiently matured and demonstrated in a relevant environment (after Milestone A approval) separate from the program using the prototyping authorities in subchapter II of chapter 327 of this title or other authorities, as appropriate, and have an effective plan for adoption or insertion by the relevant program; and
(9)
that the program or subprogram meets any other considerations the milestone decision authority considers relevant.
(Added [Pub. L. 110–181, div. A, title IX, § 943(a)(1)], Jan. 28, 2008, [122 Stat. 288], § 2366b; renumbered § 2366a and amended [Pub. L. 110–417], [div. A], title VIII, § 813(b), (e)(1), Oct. 14, 2008, [122 Stat. 4527]; [Pub. L. 111–23, title I, § 101(d)(3)], title II, §§ 201(e), 204(a), (b), May 22, 2009, [123 Stat. 1710], 1720, 1723; [Pub. L. 111–383, div. A, title VIII, § 814(b)], title X, § 1075(b)(33), Jan. 7, 2011, [124 Stat. 4266], 4370; [Pub. L. 112–81, div. A, title VIII, § 801(a)], (e)(1), Dec. 31, 2011, [125 Stat. 1482], 1483; [Pub. L. 112–239, div. A, title III, § 322(e)(1)], title X, § 1076(a)(10), Jan. 2, 2013, [126 Stat. 1695], 1948; [Pub. L. 114–92, div. A, title VIII, § 823(a)], Nov. 25, 2015, [129 Stat. 902]; [Pub. L. 114–328, div. A, title VIII], §§ 806(b), 807(d), 808(a), Dec. 23, 2016, [130 Stat. 2259], 2262; [Pub. L. 115–232, div. A, title VIII, § 831(b)(2)], Aug. 13, 2018, [132 Stat. 1857]; [Pub. L. 116–92, div. A, title XVII, § 1731(a)(44)], Dec. 20, 2019, [133 Stat. 1814]; renumbered § 4251 and amended [Pub. L. 116–283, div. A, title XVIII, § 1847(d)(1)], Jan. 1, 2021, [134 Stat. 4254].)