(c) If the program manager of a major defense acquisition program for which a unit cost report has previously been submitted under subsection (b) determines at any time during a quarter that there is reasonable cause to believe (1) that the program acquisition unit cost for the program has increased by at least 15 percent over the program acquisition unit cost for the program as shown in the Baseline Estimate; (2) in the case of a major defense acquisition program that is a procurement program, that the procurement unit cost for the program has increased by at least 15 percent over the procurement unit cost for the program as reflected in the Baseline Estimate; or (3) that cost variances or schedule variances of a major contract under the program have resulted in an increase in the cost of the contract of at least 15 percent over the cost of the contract as of the time the contract was made; and if a unit cost report indicating an increase of such percentage or more has not previously been submitted to the service acquisition executive designated by the Secretary concerned during the current fiscal year (other than the last quarterly unit cost report under subsection (b) for the preceding fiscal year), then the program manager shall immediately submit to such service acquisition executive a unit cost report containing the information, determined as of the date of the report, required under subsection (b). (d)(1) When a unit cost report is submitted to the service acquisition executive designated by the Secretary concerned under this section with respect to a major defense acquisition program, the service acquisition executive shall determine whether the current program acquisition unit cost for the program has increased by at least 15 percent, or by at least 25 percent, over the program acquisition unit cost for the program as shown in the Baseline Estimate. (2) When a unit cost report is submitted to the service acquisition executive designated by the Secretary concerned under this section with respect to a major defense acquisition program that is a procurement program, the service acquisition executive, in addition to the determination under paragraph (1), shall determine whether the procurement unit cost for the program has increased by at least 15 percent, or by at least 25 percent, over the procurement unit cost for the program as reflected in the Baseline Estimate. (3) If, based upon the service acquisition executive's determination, the Secretary concerned determines (for the first time since the beginning of the current fiscal year) that the current program acquisition unit cost has increased by at least 15 percent, or by at least 25 percent, as determined under paragraph (1) or that the procurement unit cost has increased by at least 15 percent, or by at least 25 percent, as determined under paragraph (2), the Secretary shall notify Congress in writing of such determination and of the increase with respect to such program. In the case of a determination based on a quarterly report submitted in accordance with subsection (b), the Secretary shall submit the notification to Congress within 45 days after the end of the quarter. In the case of a determination based on a report submitted in accordance with subsection (c), the Secretary shall submit the notification to Congress within 45 days after the date of that report. The Secretary shall include in the notification the date on which the determination was made. (e)(1)(A) Except as provided in subparagraph (B), whenever the Secretary concerned determines under subsection (d) that the program acquisition unit cost or the procurement unit cost of a major defense acquisition program has increased by at least 15 percent, a Selected Acquisition Report shall be submitted to Congress for the first fiscal-year quarter ending on or after the date of the determination or for the fiscal-year quarter which immediately precedes the first fiscal-year quarter ending on or after that date. The report shall include the information described in section 2432(e) of this title and shall be submitted in accordance with section 2432(f) of this title. (B) Whenever the Secretary makes a determination referred to in subparagraph (A) in the case of a major defense acquisition program during the second quarter of a fiscal year and before the date on which the President transmits the budget for the following fiscal year to Congress pursuant to section 1105 of title 31, the Secretary is not required to file a Selected Acquisition Report under subparagraph (A) but shall include the information described in subsection (g) regarding that program in the comprehensive annual Selected Acquisition Report submitted in that quarter. (2) If the percentage increase in the program acquisition unit cost or procurement unit cost of a major defense acquisition program (as determined by the Secretary under subsection (d)) exceeds 25 percent, the Secretary of Defense shall submit to Congress, before the end of the 30-day period beginning on the day the Selected Acquisition Report containing the information described in subsection (g) is required to be submitted under section 2432(f) of this title (A) a written certification, stating that (i) such acquisition program is essential to the national security; (ii) there are no alternatives to such acquisition program which will provide equal or greater military capability at less cost; (iii) the new estimates of the program acquisition unit cost or procurement unit cost are reasonable; and (iv) the management structure for the acquisition program is adequate to manage and control program acquisition unit cost or procurement unit cost; and (B) if a report under paragraph (1) has been previously submitted to Congress with respect to such program for the current fiscal year but was based upon a different unit cost report from the program manager to the service acquisition executive designated by the Secretary concerned, a further report containing the information described in subsection (g), determined from the time of the previous report to the time of the current report. (3) If a determination of an increase of at least 15 percent is made by the Secretary under subsection (d) and a Selected Acquisi 89-263 95-9 tion Report containing the information described in subsection (g) is not submitted to Congress under paragraph (1), or if a determination of an increase of at least 25 percent is made by the Secretary under subsection (d) and the certification of the Secretary of Defense is not submitted to Congress under paragraph (2), funds appropriated for military construction, for research, development, test, and evaluation, and for procurement may not be obligated for a major contract under the program. The prohibition on the obligation of funds for a major defense acquisition program shall cease to apply at the end of a period of 30 days of continuous session of Congress (as determined under section 7307(b)(2) of this title) beginning on the date (A) on which Congress receives the Selected Acquisition Report under paragraph (1) or (2)(B) with respect to that program, in the case of a determination of an increase of at least 15 percent (as determined in subsection (d)); or (B) on which Congress has received both the Selected Acquisition Report under paragraph (1) or (2)(B) and the certification of the Secretary of Defense under paragraph (2)(A) with respect to that program, in the case of an increase of at least 25 percent (as determined under subsection (d)). (f) Any determination of a percentage increase under this section shall be stated in terms of constant base year dollars (as described in section 2430 of this title). (g)(1) Except as provided in paragraph (2), each report under subsection (e) with respect to a major defense acquisition program shall include the following: (A) The name of the major defense acquisition program. (C) The program phase as of the date of the preparation of the report. (D) The estimate of the program acquisition cost for the program as shown in the Selected Acquisition Report in which the program was first included, expressed in constant baseyear dollars and in current dollars. (E) The current program acquisition cost in constant baseyear dollars and in current dollars. (F) A statement of the reasons for any increase in program acquisition unit cost or procurement unit cost. (G) The completion status of the program (i) expressed as the percentage that the number of years for which funds have been appropriated for the program is of the number of years for which it is planned that funds will be appropriated for the program, and (ii) expressed as the percentage that the amount of funds that have been appropriated for the program is of the total amount of funds which it is planned will be appropriated for the program. (H) The fiscal year in which information on the program was first included in a Selected Acquisition Report (referred to in this paragraph as the "base year") and the date of that Selected Acquisition Report in which information on the program was first included. (I) The type of the Baseline Estimate that was included in the baseline description under section 2435 of this title and the date of the Baseline Estimate. (J) The current change and the total change, in dollars and expressed as a percentage, in the program acquisition unit cost, stated both in constant base-year dollars and in current dollars. (K) The current change and the total change, in dollars and expressed as a percentage, in the procurement unit cost, stated both in constant base-year dollars and in current dollars and the procurement unit cost for the succeeding fiscal year expressed in constant base-year dollars and in current year dollars. (L) The quantity of end items to be acquired under the program and the current change and total change, if any, in that quantity. (M) The identities of the military and civilian officers responsible for program management and cost control of the program. (N) The action taken and proposed to be taken to control future cost growth of the program. (0) Any changes made in the performance or schedule milestones of the program and the extent to which such changes have contributed to the increase in program acquisition unit cost or procurement unit cost. (P) The following contract performance assessment information with respect to each major contract under the program: (i) The name of the contractor. (ii) The phase that the contract is in at the time of the preparation of the report. (iii) The percentage of work under the contract that has been completed. (iv) Any current change and the total change, in dollars and expressed as a percentage, in the contract cost. (v) The percentage by which the contract is currently ahead of or behind schedule. (vi) A narrative providing a summary explanation of the most significant occurrences, including cost and schedule variances under major contracts of the program, contributing to the changes identified and a discussion of the effect these occurrences will have on future program costs and the program schedule. (2) If a program acquisition unit cost increase or a procurement unit cost increase for a major defense acquisition program that results in a report under this subsection is due to termination or cancellation of the entire program, only the information specified in clauses (A) through (F) of paragraph (1) and the percentage change in program acquisition unit cost or procurement unit cost that resulted in the report need be included in the report. The certification of the Secretary of Defense under subsection (e) is not required to be submitted for termination or cancellation of a program. (h) Reporting under this section shall not apply if a program has received a limited reporting waiver under section 2432(h) of this title. (Added as 139b P.L. 97-252, 1107(a)(1), Sept. 8, 1982, 96 Stat. 741, and amended P.L. 9894, § 1268(1), Sept. 24, 1983, 97 Stat. 705; P.L. 98–525, § 1242(b), Oct. 19, 1984, 98 Stat. 2607; P.L. 99-145, §1303(a)(1), Nov. 8, 1985, 99 Stat. 738; transferred, redesignated $2433, and amended P.L. 99-433, § 110 (d)(14), (gX8), Oct. 1, 1986, 100 Stat. 1003, 1004; amended identically P.L. 99-500, 99-591, 99–661, §§ 101(c) [§ 961(b)), 101(c) [§ 961(b)), 961(b), Oct. 18, Oct. 30, Nov. 14, 1986, 100 Stat. 1783-176, 3341-176, 3956; amended P.L. 100-26, §7 (b)(4), (k)(3), April 21, 1987, 101 Stat. 279, 284; P.L. 101-189, §811(a), Nov. 29, 1989, 103 Stat. 1490; P.L. 101510, 1484(k)(10), Nov. 5, 1990, 104 Stat. 1719; P.L. 102–484, § 817(d), Oct. 23, 1992, 106 Stat. 2456; P.L. 103–35, §201(i)(2), May 31, 1993, 107 Stat. 100; P.L. 103–355, § 3002(a)(2), 3003, Oct. 13, 1994, 108 Stat. 3328, 3329.) § 2434. Independent cost estimates; operational manpower requirements (a) REQUIREMENT FOR APPROVAL.-The Secretary of Defense may not approve the engineering and manufacturing development, or the production and deployment, of a major defense acquisition program unless an independent estimate of the full life-cycle cost of the program and a manpower estimate for the program have been considered by the Secretary. (b) REGULATIONS.-The Secretary of Defense shall prescribe regulations governing the content and submission of the estimates required by subsection (a). The regulations shall require (1) that the independent estimate of the full life-cycle cost of a program (A) be prepared by an office or other entity that is not under the supervision, direction, or control of the military department, Defense Agency, or other component of the Department of Defense that is directly responsible for carrying out the development or acquisition of the program; and (B) include all costs of development, procurement, military construction, and operations and support, without regard to funding source or management control; and (2) that the manpower estimate include an estimate of the total number of personnel required (A) to operate, maintain, and support the program upon full operational deployment; and (B) to train personnel to carry out the activities referred to in subparagraph (A). (Added as § 139c P.L. 98-94, § 1203(a)(1), Sept. 24, 1983, 97 Stat. 682; transferred, redesignated § 2434, and amended, P.L. 99-433, § 110(d)(15), (g)(9), Oct. 1, 1986, 100 Stat. 1003, 1004; P.L. 99-661, §1208, Nov. 14, 1986, 100 Stat. 3975; P.L. 100-26, 87(b)(5), April 21, 1987, 101 Stat. 279; P.L. 100-456, §525(3), Sept. 29, 1988, 102 Stat. 1975; P.L. 102-190, §801(a), (b)(1), Dec. 5, 1991, 105 Stat. 1412; P.L. 103–355, § 3004, Oct. 13, 1994, 108 Stat. 3330.) § 2435. Baseline description 5 (a) BASELINE DESCRIPTION REQUIREMENT.-(1) The Secretary of a military department shall establish a baseline description for 6 Section 5002(a) of the Federal Acquisition Streamlining Act of 1994 (P.L. 103–355; 108 Stat. 3350) provides: (a) REVIEW.-The Secretary of Defense shall review the regulations of the Department of Defense to ensure that acquisition program cycle procedures are focused on achieving the goals that are consistent with the program baseline description established pursuant to section 2435 of title 10, United States Code. |