CHAPTER 205-DEFENSE ACQUISITION SYSTEM
Editorial Notes
Prior Provisions
A prior chapter 205 "DEFENSE ACQUISITION SYSTEM", as added by
Amendments
2023-
2021-
Statutory Notes and Related Subsidiaries
Modernizing the Department of Defense Requirements Process
"(a)
"(b)
"(1) streamline requirements documents, reviews, and approval processes, focusing on programs below the major defense acquisition program threshold described in section 4201 of title 10, United States Code;
"(2) revise requirements management practices using a clean-sheet approach that avoids prescriptive language, is based on mission outcomes and assessed threats, enables a more iterative and collaborative approach with the Armed Forces, maximizes the use of commercial products or commercial services in accordance with section 3453 of title 10, United States Code, and allows for a broader range of new or alternative technological opportunities to be incorporated without the requirement being validated again;
"(3) develop a capability needs and requirements framework and pathways that are aligned to the pathways of the adaptive acquisition framework (as described in Department of Defense Instruction 5000.02, 'Operation of the Adaptive Acquisition Framework'), and better aligned and integrated with the science and technology development processes of the Department;
"(4) provide continuity to the acquisition and research programs of the military departments by enabling the military departments to develop, with respect to collections of capabilities grouped by function by the Department of Defense, sets of requirements that are designed to remain applicable to programs and systems relating to such capabilities over substantial periods of time;
"(5) require the military departments to-
"(A) articulate in a concise model and document with a set of mission impact measures the sets of requirements developed under paragraph (4); and
"(B) seek to continuously improve the capabilities subject to such sets of requirements the acquisition of additional capabilities;
"(6) establish a process to rapidly validate the ability of commercial products and services to meet capability needs or opportunities;
"(7) retire and replace the Department of Defense Architecture Framework with a new structure focused on enabling interoperability through application program interfaces, enterprise architectures and platforms, and government and commercial standards; and
"(8) ensure that requirements processes for software, artificial intelligence, data, and related capability areas enable a more rapid, dynamic, and iterative approach than the requirements processes for traditional hardware systems.
"(c)
"(1) collaborate with industry partners, contractors of the Department and nontraditional defense contractors (as defined in section 3014 of title 10, United States Code), and Department of Defense science and technology reinvention laboratories (as designated under section 4121(b) of title 10, United States Code) regarding the development of the streamlined requirements development process under subsection (a) to ensure such process effectively uses the innovation ecosystem (as defined in section 236(g) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 [
"(2) develop a formal career path, training, and structure for requirements managers; and
"(3) publish new policies, guidance, and templates for the operational, requirements, and acquisition workforces online in digital formats.
"(d)
"(1) a description of the efforts to develop and implement the streamlined requirements development process under subsection (a);
"(2) the plans of the Department of Defense to implement, communicate, and continuously improve the requirements development process required by subsection (a); and
"(3) any additional recommendations for legislation that the Secretary determines appropriate.
"(e)
Digital Modernization of Analytical and Decision-Support Processes for Managing and Overseeing Department of Defense Acquisition Programs
"(a)
"(1)
"(A) integrate all aspects of the defense acquisition system, including the development of capability requirements, research, design, development, testing, evaluation, acquisition, management, operations, and sustainment of systems;
"(B) facilitate the management and analysis of all relevant data generated during the development of capability requirements, research, design, development, testing, evaluation, acquisition, operations, and sustainment of systems;
"(C) enable the use of such data to inform further development, acquisition, management and oversight of such systems, including portfolio management; and
"(D) include software capabilities to collect, transport, organize, manage, make available, and analyze relevant data throughout the life cycle of defense acquisition programs, including any data needed to support individual and portfolio management of acquisition programs.
"(2)
"(A) be accessible to, and useable by, individuals throughout the Department of Defense who have responsibilities relating to activities described in clauses (A) through (C) of paragraph (1);
"(B) enable the development, use, curation, and maintenance of original form and real-time digital systems by-
"(i) ensuring shared access to data within the Department;
"(ii) supplying data to digital engineering models for use in the defense acquisition, sustainment, and portfolio management processes; and
"(iii) supplying data to testing infrastructure and software to support automated approaches for testing, evaluation, and deployment throughout the defense acquisition, sustainment, and portfolio management processes; and
"(C) feature-
"(i) improved data management and sharing processes;
"(ii) timely, high-quality, transparent, and actionable analyses; and
"(iii) analytical models and simulations.
"(3)
"(A) move supporting processes and the data associated with such processes from analog to digital format, including planning and reporting processes;
"(B) make new and legacy data more accessible to, and usable by, appropriate employees and contractors (at any tier) of the Department of Defense and members of the Armed Forces, including through migration of program and other documentation into digital formats;
"(C) modernize the query, collection, storage, retrieval, reporting, and analysis capabilities for stakeholders within the Department, including research entities, Program Management Offices, analytic organizations, oversight staff, and decision makers;
"(D) automate data collection and storage to minimize or eliminate manual data entry or manual reporting;
"(E) enable employees and other appropriate users to access data from all relevant data sources, including through-
"(i) streamlining data access privileges;
"(ii) sharing of appropriate data between and among Federal Government and contractor information systems; and
"(iii) enabling timely and continuous data collection and sharing from all appropriate personnel, including contractors;
"(F) modernize existing enterprise information systems to enable interoperability consistent with technical best practices; and
"(G) provide capabilities and platforms to enable continuous development and integration of software using public and private sector best practices.
"(b)
"(c)
"(1)
"(2)
"(A) decision support processes, including-
"(i) portfolio management as described in subsection (b);
"(ii) one or more acquisition data management test cases; and
"(iii) one or more development and test modeling and simulation test cases to demonstrate the ability to collect data from tests and operations in the field, and feed the data back into models and simulations for better software development and testing;
"(B) individual acquisition programs representing-
"(i) one or more defense business systems;
"(ii) one or more command and control systems;
"(iii) one or more middle tier of acquisition programs;
"(iv) programs featuring a cost-plus contract type, and a fixed-price contract type, and a transaction authorized under section 2371 [now 10 U.S.C. 4021] or 2371b [now 10 U.S.C. 4022] of title 10, United States Code; and
"(v) at least one program in each military department.
"(3)
"(A) conduct a comparative analysis that assesses the risks and benefits of the digital management and analytics capability used in each of the programs participating in the demonstration activities relative to the traditional data collection, reporting, exposing, and analysis approaches of the Department;
"(B) ensure that the intellectual property strategy for each of the programs participating in the demonstration activities is best aligned to meet the goals of the program; and
"(C) develop a workforce and infrastructure plan to support any new policies and guidance implemented in connection with the demonstration activities, including any policies and guidance implemented after the completion of such activities.
"(d)
"(1) promote the use of digital data management and analytics capabilities; and
"(2) address roles, responsibilities, and procedures relating to such capabilities.
"(e)
"(1)
"(2)
"(A) The Deputy Secretary of Defense.
"(B) The Chief Information Officer.
"(C) The Director of Cost Assessment and Program Evaluation.
"(D) The Under Secretary of Defense for Research and Engineering.
"(E) The Under Secretary of Defense for Acquisition and Sustainment.
"(F) The Director of Operational Test and Evaluation.
"(G) The Service Acquisition Executives.
"(H) The Director for Force Structure, Resources, and Assessment of the Joint Staff.
"(I) The Director of the Defense Digital Service.
"(J) Such other officials of the Department of Defense as the Secretary determines appropriate.
"(f)
"(1)
"(A)
"(B)
"(i) A plan for the development and implementation of the capabilities required under subsection (a), including a plan for any procurement that may be required as part of such development and implementation.
"(ii) An independent cost assessment of the total estimated cost of developing and implementing the capability, as well as an assessment of any potential cost savings.
"(iii) An independent estimate of the schedule for the development approach, and order of priorities for implementation of the capability, including a reasonable estimate of the dates on which the capability can be expected to achieve initial operational capability and full operational capability, respectively.
"(iv) A recommendation identifying the office or other organization of the Department of Defense that would be most appropriate to manage and execute the capability.
"(C)
"(2)
"(A)
"(B)
"(i) a report summarizing the assessment; and
"(ii) a briefing on the findings of the assessment.
"(g)
"(1)
"(2)
"(3)
Prototype Projects To Digitize Defense Acquisition Regulations, Policies, and Guidance, and Empower User Tailoring of Acquisition Process
"(a)
"(b)
"(1) convert existing acquisition policies, guides, memos, templates, and reports to an online, interactive digital format to create a dynamic, integrated, and authoritative knowledge environment for purposes of assisting program managers and the acquisition workforce of the Department of Defense to navigate the complex lifecycle for each major type of acquisition program or activity of the Department;
"(2) as part of this digital environment, create a digital decision support capability that uses decision trees and tailored acquisition models to assist users to develop strategies and facilitate coordination and approvals; and
"(3) as part of this environment, establish a foundational data layer to enable advanced data analytics on the acquisition enterprise of the Department, to include business process reengineering to improve productivity.
"(c)
"(d)
Software Development Pilot Program Using Agile Best Practices
"(a)
"(b)
"(1) Earned value management (EVM) or EVM-like reporting.
"(2) Development of integrated master schedule.
"(3) Development of integrated master plan.
"(4) Development of technical requirement document.
"(5) Development of systems requirement documents.
"(6) Use of information technology infrastructure library agreements.
"(7) Use of software development life cycle (methodology).
"(c)
"(1)
"(A) A program manager that is authorized to make all programmatic decisions within the overarching activity objectives, including resources, funding, personnel, and contract or transaction termination recommendations.
"(B) A product owner that reports directly to the program manager and is responsible for the overall design of the product, prioritization of roadmap elements and interpretation of their acceptance criteria, and prioritization of the list of all features desired in the product.
"(C) An engineering lead that reports directly to the program manager and is responsible for the implementation and operation of the software.
"(D) A design lead that reports directly to the program manager and is responsible for identifying, communicating, and visualizing user needs through a human-centered design process.
"(2)
"(3)
"(d)
"(1) Definition of a product vision, identifying a succinct, clearly defined need the software will address.
"(2) Definition of a product road map, outlining a noncontractual plan that identifies short-term and long-term product goals and specific technology solutions to help meet those goals and adjusts to mission and user needs at the product owner's discretion.
"(3) The use of a broad agency announcement, other transaction authority, or other rapid merit-based solicitation procedure.
"(4) Identification of, and continuous engagement with, end users.
"(5) Frequent and iterative end user validation of features and usability consistent with the principles outlined in the Digital Services Playbook of the U.S. Digital Service.
"(6) Use of commercial best practices for advanced computing systems, including, where applicable-
"(A) Automated testing, integration, and deployment;
"(B) compliance with applicable commercial accessibility standards;
"(C) capability to support modern versions of multiple, common web browsers;
"(D) capability to be viewable across commonly used end user devices, including mobile devices; and
"(E) built-in application monitoring.
"(e)
"(1) award processes that take no longer than three months after a requirement is identified;
"(2) planned frequent and iterative end user validation of implemented features and their usability;
"(3) delivery of a functional prototype or minimally viable product in three months or less from award; and
"(4) follow-on delivery of iterative development cycles no longer than four weeks apart, including security testing and configuration management as applicable.
"(f)
"(1) use a modern tracking tool to execute requirements backlog tracking; and
"(2) use agile development metrics that, at a minimum, track-
"(A) pace of work accomplishment;
"(B) completeness of scope of testing activities (such as code coverage, fault tolerance, and boundary testing);
"(C) product quality attributes (such as major and minor defects and measures of key performance attributes and quality attributes);
"(D) delivery progress relative to the current product roadmap; and
"(E) goals for each iteration.
"(g)
"(1)
"(2)
"(h)
"(1)
"(A)
"(B)
"(i) The purpose of the pilot activity.
"(ii) The duration of the pilot activity.
"(iii) The efficiencies and benefits anticipated to accrue to the Government under the pilot program.
"(2)
"(A)
"(B)
"(i) A description of results of the pilot activity.
"(ii) Such recommendations for legislative or administrative action as the Secretary considers appropriate in light of the pilot activity.
"(i)
"(1)
"(2)
"(A) means acquisition pursuant to a method for delivering multiple, rapid, incremental capabilities to the user for operational use, evaluation, and feedback not exclusively linked to any single, proprietary method or process; and
"(B) involves-
"(i) the incremental development and fielding of capabilities, commonly called 'spirals', 'spins', or 'sprints', which can be measured in a few weeks or months; and
"(ii) continuous participation and collaboration by users, testers, and requirements authorities."
Establishment of Set of Activities That Use Data Analysis, Measurement, and Other Evaluation-Related Methods To Improve Acquisition Program Outcomes
"(a)
"(b)
"(1) Establishment of data analytics capabilities and organizations within an Armed Force.
"(2) Development of capabilities in Department of Defense laboratories, test centers, and federally funded research and development centers to provide technical support for data analytics activities that support acquisition program management and business process re-engineering activities.
"(3) Increased use of existing analytical capabilities available to acquisition programs and offices to support improved acquisition outcomes.
"(4) Funding of intramural and extramural research and development activities to develop and implement data analytics capabilities in support of improved acquisition outcomes.
"(5) Publication, to the maximum extent practicable, and in a manner that protects classified and proprietary information, of data collected by the Department of Defense related to acquisition program costs and activities for access and analyses by the general public or Department research and education organizations.
"(6) Promulgation by the Chief of Staff of the Army, the Chief of Naval Operations, the Chief of Staff of the Air Force, and the Commandant of the Marine Corps, in coordination with the Deputy Secretary of Defense, the Under Secretary of Defense for Research and Engineering, and the Under Secretary for Acquisition and Sustainment, of a consistent policy as to the role of data analytics in establishing budgets and making milestone decisions for major defense acquisition programs.
"(7) Continual assessment, in consultation with the private sector, of the efficiency of current data collection and analyses processes, so as to minimize the requirement for collection and delivery of data by, from, and to Government organizations.
"(8) Promulgation of guidance to acquisition programs and activities on the efficient use, quality, and sharing of enterprise data between programs and organizations to improve acquisition program analytics and outcomes.
"(9) Establishment of focused research and educational activities at the Defense Acquisition University, and appropriate private sector academic institutions, to support enhanced use of data management, data analytics, and other evaluation-related methods to improve acquisition outcomes."
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Review of Time-Based Requirements Process and Budgeting and Acquisition Systems
"(a)
"(b)