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10 U.S.C. § 4203 — Major subprograms

submitted 18 years ago by Pub. L. 110-417 to r/title-10-ARMED-FORCES · 554 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section lets the Secretary of Defense designate certain parts of a major defense acquisition program as major subprograms for acquisition reporting. It requires reports to show information for the whole program and each designated subprogram, and it defines the unit-cost and other reporting terms for those subprograms.

(a) Authority to designate major subprograms for acquisition reporting. (1)(A) If the Secretary of Defense decides that a major defense acquisition program requires delivery of two or more categories of end items that differ significantly in form and function, the Secretary may designate each category as a major subprogram for acquisition reporting under this subpart. (B) If the Secretary decides that such a program requires delivery in two or more increments or blocks, the Secretary may designate each increment or block as a major subprogram for that reporting. This section does not define the quoted terms “major defense acquisition program,” “end items,” “increments,” or “blocks.” (2) The Secretary must give the congressional defense committees written notice of a proposed designation at least 30 days before it takes effect.

(b) Reporting requirements. (1) If the Secretary designates a major subprogram under subsection (a), Selected Acquisition Reports, unit-cost reports, and program baselines under this subpart must show cost, schedule, and performance information (A) for the major defense acquisition program as a whole, except as paragraph (2) provides, and (B) for each designated major subprogram. (2) For a program with a designated major subprogram, unit costs under this subpart must be submitted using the definitions in subsection (d).

(c) Requirement to cover the entire program. If one subprogram is designated as a major subprogram, all other parts of the program must be organized appropriately into one or more subprograms under that program. Each such organized subprogram must be treated as a major subprogram under subsection (a).

(d) Definitions. Despite paragraphs (1) and (2) of section 4351(a) of this title, for a major defense acquisition program with one or more major subprograms designated under this section: (1) “program acquisition unit cost” applies at the subprogram level. It means the total cost of developing and procuring the major defense acquisition program, plus specific military construction costs, that can reasonably be assigned to the subprogram, divided by the relevant number of fully configured end items to be produced under it. (2) “procurement unit cost” applies at the subprogram level. It means all funds programmed to be available for procurement obligations for that subprogram, divided by the number of fully configured end items to be procured under it. (3) For a designated major subprogram, “major contract” means each of the six largest prime, associate, or Government-furnished-equipment contracts under the subprogram that exceeds $40,000,000 and is not a firm-fixed-price contract. (4) For a designated major subprogram, “life-cycle cost” means all development, procurement, military-construction, and operations-and-support costs, regardless of the funding source or who controls the management. This section does not otherwise define the quoted terms.

the actual law source: uscode.house.gov ↗public domain
(a)Authority To Designate Major Subprograms as Subject to Acquisition Reporting Requirements.—
(1)
(A)

If the Secretary of Defense determines that a major defense acquisition program requires the delivery of two or more categories of end items which differ significantly from each other in form and function, the Secretary may designate each such category of end items as a major subprogram for the purposes of acquisition reporting under this subpart.

(B)

If the Secretary of Defense determines that a major defense acquisition program requires the delivery of two or more increments or blocks, the Secretary may designate each such increment or block as a major subprogram for the purposes of acquisition reporting under this subpart.

(2)

The Secretary shall notify the congressional defense committees in writing of any proposed designation pursuant to paragraph (1) not less than 30 days before the date such designation takes effect.

(b)Reporting Requirements.—
(1)

If the Secretary designates a major subprogram of a major defense acquisition program in accordance with subsection (a), Selected Acquisition Reports, unit cost reports, and program baselines under this subpart shall reflect cost, schedule, and performance information—

(A)

for the major defense acquisition program as a whole (other than as provided in paragraph (2)); and

(B)

for each major subprogram of the major defense acquisition program so designated.

(2)

For a major defense acquisition program for which a designation of a major subprogram has been made under subsection (a), unit costs under this subpart shall be submitted in accordance with the definitions in subsection (d).

(c)Requirement to Cover Entire Major Defense Acquisition Program.—

If a subprogram of a major defense acquisition program is designated as a major subprogram under subsection (a), all other elements of the major defense acquisition program shall be appropriately organized into one or more subprograms under the major defense acquisition program, each of which subprograms, as so organized, shall be treated as a major subprogram under subsection (a).

(d)Definitions.—

Notwithstanding paragraphs (1) and (2) of section 4351(a) of this title, in the case of a major defense acquisition program for which the Secretary has designated one or more major subprograms under this section for the purposes of this subpart—

(1)

the term “program acquisition unit cost” applies at the level of the subprogram and means the total cost for the development and procurement of, and specific military construction for, the major defense acquisition program that is reasonably allocable to each such major subprogram, divided by the relevant number of fully-configured end items to be produced under such major subprogram;

(2)

the term “procurement unit cost” applies at the level of the subprogram and means the total of all funds programmed to be available for obligation for procurement for each such major subprogram, divided by the number of fully-configured end items to be procured under such major subprogram;

(3)

the term “major contract”, with respect to a designated major subprogram, means each of the six largest prime, associate, or Government furnished equipment contracts under the subprogram that is in excess of $40,000,000 and that is not a firm-fixed price contract; and

(4)

the term “life cycle cost”, with respect to a designated major subprogram, means all costs of development, procurement, military construction, and operations and support, without regard to funding source or management control.

Source credit: (Added Pub. L. 110–417, [div. A], title VIII, § 811(a)(1), Oct. 14, 2008, 122 Stat. 4520, § 2430a; amended Pub. L. 111–383, div. A, title VIII, § 814(a), Jan. 7, 2011, 124 Stat. 4266; Pub. L. 112–81, div. A, title IX, § 912, Dec. 31, 2011, 125 Stat. 1536; Pub. L. 114–328, div. A, title VIII, § 850, Dec. 23, 2016, 130 Stat. 2295; renumbered § 4203 and amended Pub. L. 116–283, div. A, title XVIII, § 1846(g), Jan. 1, 2021, 134 Stat. 4251; Pub. L. 117–81, div. A, title XVII, § 1701(o)(6)(B)(ii), Dec. 27, 2021, 135 Stat. 2147.)

history & why it existsrecord from the source credit
  • 2008Enacted · Pub. L. 110-417 · 122 Stat. 4520
  • 2011Amended · Pub. L. 111-383 · 124 Stat. 4266
  • 2011Amended · Pub. L. 112-81 · 125 Stat. 1536
  • 2016Amended · Pub. L. 114-328 · 130 Stat. 2295
  • 2021Amended · Pub. L. 116-283 · 134 Stat. 4251
  • 2021Amended · Pub. L. 117-81 · 135 Stat. 2147

A history note hasn’t been published yet. The record shows enactment by Pub. L. 110-417 on 2008-10-14.

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