Acquisition Process

2366a/b Certification Memorandum

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10 U.S. Code § 2366a – MDAP: Certification Required before Milestone A Approval

A 2366a/b Certification Memorandum is issued by a Milestone Decision Authority (MDA) for a Major Defense Acquisition Program (MDAP) stating that it has meet all regulatory requirements according to 10 U.S.C. 2366a.  A MDAP may not receive Milestone A approval or otherwise be initiated prior to Milestone B until the MDA certifies that: [1]

  1. that the program fulfills an approved Initial Capabilities Document (ICD);
  2. that the program is being executed by an entity with a relevant function as identified by the Secretary of Defense under section 118b of 10 U.S.C. 2366ab;
  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 a determination of applicability of core logistics capabilities requirements has been made;
  5. that an Analysis of Alternatives (AoA) has been performed consistent with study guidance developed by the Director of Cost Assessment and Program Evaluation (DCAPE); and
  6. that a cost estimate for the program has been submitted, with the concurrence of the DCAPE, and that the level of resources required to develop, procure, and sustain the program is consistent with the priority level assigned by the Joint Requirements Oversight Council (JROC).

Template: Acquisition Decision Memorandum (ADM) – MS A

Congress Notification [1]

  • Projected cost of the program or subprogram, at any time prior to Milestone B approval, exceeds the cost estimate for the program submitted at the time of the certification by at least 25 percent, or
  • Program Manager (PM) determines that the period of time required for the delivery of an initial operational capability is likely to exceed the schedule objective by more than 25 percent, the program manager for the program concerned shall notify the Milestone Decision Authority.
  • Report due to Congress not later than 30 days after a program manager submits a notification to the MDA that a program meets or exceeds the above two criteria.

The MDA may withdraw the certification concerned or rescind Milestone A approval if they determine that such action is in the interest of national defense. [1]

10 U.S. Code § 2366b – MDAP: Certification Required before Milestone B Approval

A Major Defense Acquisition Program (MDAP) may not receive a Milestone B approval until the Milestone Decision Authority (MDA) certifies, without modification, from 10 USC 2366b of title 10, United States Code (USC) and as amended by Public Law 111-23, “Weapon Systems Acquisition Reform Act of 2009″, May 2009, that: [2]

  1. The MDA has received a Business Case Analysis and certifies on the basis of the analysis that:
    • the program is affordable when considering the ability of the Department of Defense (DoD) to accomplish the program’s mission using alternative systems;
    • appropriate tradeoffs among cost, schedule, and performance objectives have been made to ensure that the program is affordable when considering the per unit cost and total acquisition cost in the context of the total resources available during the period covered by the future-years defense program submitted during the fiscal year in which the certification is made;
    • reasonable cost and schedule estimates have been developed to execute, with the concurrence of the Director of Cost Assessment and Program Evaluation (CAPE), the product development and production plan under the program;
    • funding is available to execute the product development and production plan under the program, through the period covered by the future-years defense program submitted during the fiscal year in which the certification is made, consistent with the estimates described for the program; and
  2. The MDA has received the results of the Preliminary Design Review (PDR) and conducted a formal post-preliminary design review assessment, and certify on the basis of such assessment that the program demonstrates a high likelihood of accomplishing its intended mission; and
  3. The MDA certifies that:
    • appropriate Market Research has been conducted prior to technology development to reduce duplication of existing technology and products:
    • the DoD has completed an Analysis of Alternatives (AoA) with respect to the program;
    • the Joint Requirements Oversight Council has accomplished its duties with respect to the program pursuant to section 181(b) of Title 10 United States Code, including an analysis of the Operational Requirements for the program;
    • the technology in the program has been demonstrated in a relevant environment as determined by the Milestone Decision Authority (MDA) on the basis of an independent review and assessment by the director of Defense Research and Engineering; and the program complies with all relevant policies, regulations, and directives of the DoD.

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