Page:United States Statutes at Large Volume 122.djvu/242

 12 2 STA T . 21 9PUBLIC LA W 11 0– 1 8 1 —J A N .28, 2008 ‘ ‘ (7)TheS e cr e ta r yofD efe ns e sha l l sen d a not i fication con - tainin g the findings of the agency head u nder su b section (a) , and the basis for such findings, 30 days p rior to the a w ardofa m ultiyear contract for a defense ac q uisition program that has been specifically authori z ed by law .’ ’. ( 5 ) Such section is further amended by adding at the end the following new subsection

‘‘(m) INCREAS E DFU ND I N G AND R E P R O GRA M MING RE Q UES T S. —A ny request for increased funding for the procurement of a ma j or system under a multiyear contract authorized under this section shall be accompanied by an e x planation of how the request for increased funding affects the determinations made by the Secretary under subsection (i).’’. (b) APP L ICA B ILIT Y .—The amendments made by this section shall ta k e effect on the date of the enactment of this Act and shall apply with respect to multiyear contracts for the purchase of major systems for which legislati v e authority is requested on or after that date. SEC.812 .C HANG ES TOMIL ESTONE B CE R TI F ICATIONS. Section 2 3 6 6a of title 1 0, U nited States C ode, is amended— (1) by amending subsection (a) to read as follows: ‘‘(a) CERTI F ICATION.—A major defense acquisition program may not receive M ilestone B approval, or K ey Decision P oint B approval in the case of a space program, until the milestone decision authority— ‘‘(1) has received a business case analysis and certifies on the basis of the analysis that— ‘‘(A) the program is affordable when considering the ability of the Department of Defense to accomplish the program’s mission using alternative systems ‘‘(B) the program is affordable when considering the per unit cost and the 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; ‘‘(C) reasonable cost and schedule estimates have been developed to execute the product development and produc- tion plan under the program; and ‘‘(D) 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 in subparagraph (C) for the program; and ‘‘(2) further certifies that— ‘‘(A) appropriate market research has been conducted prior to technology development to reduce duplication of existing technology and products; ‘‘(B) the Department of Defense has completed an anal- ysis of alternatives with respect to the program; ‘‘(C) the J oint Requirements O versight Council has accomplished its duties with respect to the program pursu- ant to section 1 8 1(b) of this title, including an analysis of the operational requirements for the program; ‘‘(D) the technology in the program has been dem- onstrated in a relevant environment; Ef f ectiv e da te .10USC23 0 6bno te. N otification. D ead l ine.

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