10 U.S.C. § 4211 — Acquisition strategy
submitted 11 years ago by Pub. L. 114-92 to r/title-10-ARMED-FORCES · 629 words · no verdicts yet
Each major defense acquisition program and major system must have an acquisition strategy approved by the decision authority. The strategy must address capabilities, resources, risks, participants, testing, and updates.
(a) Acquisition* strategy required. Each major defense acquisition program* and each major system* approved by a decision authority must have an acquisition strategy.
(b) Responsible official. For each strategy, the Under Secretary of Defense for Acquisition and Sustainment is responsible for issuing and maintaining requirements for (1) its contents and (2) its review and approval process. The decision authority has that responsibility instead when the decision authority is the service acquisition executive* of the military department managing the program.
(c) Considerations. (1) The responsible official must ensure that the strategy (A) clearly describes the proposed business case and capability-management approach and, as far as practicable, how delivery will meet capability requirements; (B) clearly explains needed time, funding, management capacity, and other resources; (C) is tailored to the program’s requirements and limits; and (D) considers paragraph (2). (2) When appropriate, each strategy must consider: (A) delivering capabilities in increments using mature technology, while recognizing future improvements or transitions through continuous competition; (B) logistics, maintenance, sustainment, and acquisition of technical data, software, and licenses needed for them; (C) collaboration and market research with science and technology organizations, laboratories, innovation cells, schools, small businesses, nontraditional defense contractors, and other contractors; (D) enterprise-wide designs and standards supporting an integrated, simple, fast-to-deliver architecture; (E) roadmaps integrating schedules for existing systems and new capabilities; (F) contracts creating long-term partnerships with multiple companies for architecture, development, production, and sustainment by breaking large systems into smaller projects over time and technical components; (G) roles for key acquisition personnel, outside dependencies, and expert input at critical points, including any need for special hiring or advisory services; and (H) testing and experimentation with testers and end users for continuing feedback, acceptance, and development of operating concepts.
(d) Review. Before the acquisition decision memorandum, the decision authority must review and, as appropriate, approve the strategy. The authority must ensure regular updates that reflect significant changes in requirements, resources, or acquisition decisions.
(e) Decision authority defined. Here, “decision authority” means the Department of Defense official given overall responsibility and authority for acquisition decisions for the program or system, including authority to approve its entry into the next acquisition phase.
There shall be an acquisition strategy for each major defense acquisition program* and each major system* approved by a decision authority.
For each acquisition strategy required by subsection (a), the Under Secretary of Defense for Acquisition and Sustainment, or the decision authority, when the decision authority is the service acquisition executive* of the military department that is managing the program, is responsible for issuing and maintaining the requirements for—
the content of the strategy; and
the review and approval process for the strategy.
In issuing requirements for the content of an acquisition strategy for a major defense acquisition program or major system, the Under Secretary, or the decision authority, when the decision authority is the service acquisition executive of the military department that is managing the program, shall ensure that—
the strategy clearly describes the proposed business case and capability management approach for the program or system, and to the maximum extent practicable, describes how capability requirements will be met through delivery of such program or system;
the strategy contains a clear explanation of the resources, such as time, funding, and management capacity, necessary to meet capability requirements;
the strategy is tailored to address program requirements and constraints; and
the strategy considers the items listed in paragraph (2).
Each strategy shall, where appropriate, consider the following:
An approach that delivers required capabilities in increments, each depending on available mature technology, and that recognizes up front the need for future capability improvements or transitions to alternative end items through use of continuous competition.
Requirements related to logistics, maintenance, and sustainment in accordance with sections 2464 and 2466 of this title, and the acquisition of technical data, computer software, and associated licenses, to enable such requirements in accordance with sections 3771 through 3775 of this title.
A process for collaborative interaction and market research with the science and technology community, including Department of Defense science and technology reinvention laboratories, government innovation cells, academia, small businesses, nontraditional defense contractors, and other contractors.
Identification of enterprise-wide designs and standards in support of an architecture that provides for an integrated suite of capabilities that focuses on simplicity of implementation and speed of delivery.
Overarching roadmaps that create integrated strategic schedules of legacy systems and new capabilities.
A contracting strategy that develops long-term partnerships with multiple companies to actively contribute to architectures, development, production, and sustainment across the capabilities to be developed by decomposing large systems into smaller sets of projects across time and technical component.
An assignment of roles and responsibilities of key personnel of the acquisition workforce*, identification of external stakeholder dependencies, and the need for subject matter expert inputs at critical points in the program, including the need for special hiring authority or advisory and assistance services, in order to deliver the desired capabilities.
A process of testing and experimentation with the test community and end users to ensure continuous user feedback, acceptance, and development of concepts of operations.
The decision authority shall review and approve, as appropriate, the acquisition strategy for a major defense acquisition program or major system prior to the acquisition decision memorandum and ensure that the strategy is updated at regular intervals to incorporate significant changes to program requirements, resourcing, or acquisition decisions.
In this section, the term “decision authority”, with respect to a major defense acquisition program or major system, means the official within the Department of Defense designated with the overall responsibility and authority for acquisition decisions for the program or system, including authority to approve entry of the program or system into the next phase of the acquisition process.
Source credit: (Added Pub. L. 114–92, div. A, title VIII, § 821(a)(1), Nov. 25, 2015, 129 Stat. 897, § 2431a; amended Pub. L. 114–328, div. A, title VIII, § 848, Dec. 23, 2016, 130 Stat. 2292; Pub. L. 115–91, div. A, title X, § 1081(a)(39), Dec. 12, 2017, 131 Stat. 1596; Pub. L. 116–92, div. A, title IX, § 902(70), Dec. 20, 2019, 133 Stat. 1551; renumbered § 4211 and amended Pub. L. 116–283, div. A, title XVIII, § 1847(b)(1), (2), Jan. 1, 2021, 134 Stat. 4253; Pub. L. 117–81, div. A, title XVII, § 1701(s)(1), Dec. 27, 2021, 135 Stat. 2149; Pub. L. 118–159, div. A, title XVII, § 1701(a)(39), Dec. 23, 2024, 138 Stat. 2205; Pub. L. 119–60, div. A, title XVIII, § 1805(a), Dec. 18, 2025, 139 Stat. 1235.)
- 2015Enacted · Pub. L. 114-92 · 129 Stat. 897
- 2016Amended · Pub. L. 114-328 · 130 Stat. 2292
- 2017Amended · Pub. L. 115-91 · 131 Stat. 1596
- 2019Amended · Pub. L. 116-92 · 133 Stat. 1551
- 2021Amended · Pub. L. 116-283 · 134 Stat. 4253
- 2021Amended · Pub. L. 117-81 · 135 Stat. 2149
- 2024Amended · Pub. L. 118-159 · 138 Stat. 2205
- 2025Amended · Pub. L. 119-60 · 139 Stat. 1235
A history note hasn’t been published yet. The record shows enactment by Pub. L. 114-92 on 2015-11-25.
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