10 U.S.C. § 4251: Major defense acquisition programs: factors to be considered before Milestone A approval

information about the program or subprogram is sufficient to warrant entry of the program or subprogram into the risk reduction phase; the cost, schedule, technical feasibility, and performance trade-offs that have been made with regard to the program do not overly constrain future trade space; and there are sound plans for progression of the program or subprogram to the development phase. The program or subprogram fulfills an approved requirements document. The program or subprogram has conducted appropriate market research. With respect to any identified areas of risk, there is a plan to reduce the risk. Planning for sustainment has been addressed. An analysis of alternatives has been performed consistent with study guidance developed by the Director of Cost Assessment and Program Evaluation, or in lieu of an analysis of alternatives, early experimentation with a combatant commander has been conducted. A life cycle cost estimate for the program or subprogram has been submitted by the component and that the level of resources required to complete the technology maturation and risk reduction phase of the program is sufficient for successful program execution. The program or subprogram meets any other considerations the milestone decision authority considers relevant. The milestone decision authority shall issue a written record of a milestone decision at the time that Milestone A approval is granted. The record shall confirm compliance with subsection (b) and specifically state that the milestone decision authority considered the factors described in such subsection prior to the decision to grant milestone approval. The milestone decision authority shall retain records of the basis for the milestone decision. Not later than 15 days after granting Milestone A approval for a major defense acquisition program, the milestone decision authority for the program shall provide to the congressional defense committees and, in the case of intelligence or intelligence-related activities, the congressional intelligence committees a written record of the milestone decision. At the request of any of the congressional defense committees or, in the case of intelligence or intelligence-related activities, the congressional intelligence committees, the milestone decision authority shall submit to the committee an explanation of the basis for the decision to grant Milestone A approval with respect to a major defense acquisition program or major subprogram, and make available all underlying documentation. The term “requirements document” means any capabilities requirement document that establishes the need for a materiel approach to resolve a capability gap. The term “Milestone A approval” means a decision to enter into technology maturation and risk reduction pursuant to guidance prescribed by the Secretary of Defense for the management of Department of Defense acquisition programs. The term “Milestone B approval” has the meaning provided that term in section 4172(e)(7) of this title . The term “milestone decision authority”, with respect to a major defense acquisition program or a major subprogram, means the official within the Department of Defense designated with the overall responsibility and authority for acquisition decisions for the program or subprogram, including authority to approve entry of the program or subprogram into the next phase of the acquisition process. The term “congressional intelligence committees” has the meaning given that term in section 437(c) of this title . Study completion within nine months. Study guidance issued by the Director, Cost Assessment and Program Evaluation of a scope designed to provide for reasonable completion of the study within the nine-month period. the subject of the analysis is of extreme technical complexity; collection of additional intelligence is required to inform the analysis; insufficient technical expertise is available to complete the analysis; or the Secretary determines that there [are] other sufficient reasons for delay of the analysis. For a waiver, the basis for use of the waivers, including the reasons why the study cannot be completed within the allotted time. an estimate of when the analysis will be completed; an estimate of any additional costs to complete the analysis; and other relevant information pertaining to the analysis and its completion. The Under Secretary of Defense for Acquisition and Sustainment shall engage with an independent entity, including under the Program for Acquisition Innovation Research, to assess the conduct of analyses of alternatives. assess the time required to complete analyses of alternatives within the Department of Defense completed over the last five fiscal years, as compared with best practices; provide recommendations and policy options to improve analyses of alternatives; and discuss any other matters as identified by the Under Secretary. The Under Secretary shall ensure that the independent entity is provided access to the data, information, and resources necessary to complete the required analyses and assessment. Not later than one year after the date of the enactment of this Act, the Under Secretary shall submit to the congressional defense committees a report including the assessment required under paragraph (1) and a review and assessment by the Under Secretary of the findings made in the assessment.”