Page:United States Statutes at Large Volume 123.djvu/1740

 123STA T . 1 7 2 0PUBLIC LA W 111 – 23 —M A Y 22, 200 9ani ni t ia loper ational c apa b ilit ysh o u l d be deli v ered to m eet each j oint military re q uirement .’ ’. ( c )REVI E WOFJ OI NTM I L IT ARY RE QU IRE M ENT S . —T he S ecretary o fD efense shall ensure that each ne w joint military requirement recommended by the Joint Requirements O versi g ht C ouncil is reviewed to ensure that the Joint Requirements Oversight Council has , in ma k ing such recommendation— ( 1 ) taken appropriate action to seek and consider input from the commanders of the combatant commands, in accord - ance with the requirements of section 1 8 1(d) of title 1 0, U nited States Code (as amended by section 10 5 (a) of this A ct) ( 2 ) engaged in consideration of trade-offs among cost, schedule, and performance objectives in accordance with the requirements of section 181(b)(1)(C) of title 10, United States Code (as added by subsection (b)); and ( 3 ) engaged in consideration of issues of joint portfolio management, including alternative material and non-material solutions, as provided in Department of Defense instructions for the development of joint military requirements. (d) STU D Y G UIDAN C E FOR ANALYSES OF ALTERNATIVES.—The Director of Cost Assessment and P rogram E valuation shall take the lead in the development of study guidance for an analysis of alternatives for each joint military requirement for which the Chairman of the Joint Requirements Oversight Council is the validation authority. I n developing the guidance, the Director shall solicit the advice of appropriate officials within the Department of Defense and ensure that the guidance requires, at a minimum— (1) full consideration of possible trade-offs among cost, schedule, and performance objectives for each alternative considered; and (2) an assessment of whether or not the joint military requirement can be met in a manner that is consistent with the cost and schedule objectives recommended by the Joint Requirements Oversight Council. (e) ANALYSIS OF ALTERNATIVES IN CERTIFICATION FOR MILE- STONE A.—Section 23 6 6a(a) of title 10, United States Code, as amended by section 101(d)(3) of this Act, is further amended— (1) by striking ‘ ‘and’’ at the end of paragraph (3); (2) by redesignating paragraph ( 4 ) as paragraph (5); and (3) by inserting after paragraph (3) the following new para- graph (4) ‘‘(4) that an analysis of alternatives has been performed consistent with study guidance developed by the Director of Cost Assessment and Program Evaluation; and’’. (f) DUTIES OF MILESTONE DECISION AUT H ORITY.—Section 2366b(a)(1)( B ) of such title is amended by inserting ‘‘appropriate trade-offs among cost, schedule, and performance objectives have been made to ensure that’’ before ‘‘the program is affordable’’. SEC.20 2. A C QUI SI T I ON ST R ATE G IES TO ENSURE CO MP ETITION T H ROUGHOUT THE L I F EC Y CLE OF MA J OR D EFENSE ACQUISITION PROGRAMS. (a) ACQUISITION STRATE G IES TO ENSURE COM P ETITION.—The Secretary of Defense shall ensure that the acquisition strategy for each major defense acquisition program includes— (1) measures to ensure competition, or the option of com- petition, at both the prime contract level and the subcontract 10USC243 0 note. 10USC1 8 1 note. 10 USC 181 note.