STATUTORY.  Only required for programs on the DOT&E oversight list for LFT&E with or requesting a waiver from full-up, system-level testing.

STATUTORY.  The PM will prepare the notification and submit to USD(A&S).  The notification must include a written explanation of the basis for the decision and a timeline for getting an approved plan in place.  A copy of the notification will be provided to DOT&E and USD(R&E).

STATUTORY.  The commercial item exception notice must include the justification for the determination.

STATUTORY.

STATUTORY. 

STATUTORY.  

STATUTORY.  The MDA may waive any of the 10 U.S.C. 4252, Milestone B certification and determination requirements before Milestone B (except that the cost benefit analysis for some satellite systems described in subsection (a)(4) in 10 U.S.C. 4252 MAY NOT be waived) if the MDA determines that, but for such a waiver, the DoD would be unable to meet critical national security objectives.
 
If the MDA authorizes a waiver:
 
(1)  The waiver, the determination, and the reasons for the determination will be submitted in writing to the congressional defense committees within 30 calendar days after the waiver is authorized.
 
(2)  The MDA will review the program not less often than annually to determine the extent to which the program otherwise satisfies the 10 U.S.C. 4252 Milestone B certification and determination components, until such time as the MDA determines that the program satisfies all of the certification and determination components.
 
(3)  Any budget request, budget justification material, budget display, reprogramming request, SAR, or other budget documentation or performance report submitted by the Secretary of Defense to the President regarding an MDAP receiving a waiver to 4252 certification will prominently and clearly indicate that such program has not fully satisfied the certification and determination requirements for Milestone B, until such time that the MDA makes a determination that the program has satisfied all such certification and determination requirements.

STATUTORY.  Reports the DAE's determination that (1) different categories of end items in an MDAP, or (2) delivery increments or blocks of an MDAP warrant separate acquisition reporting and will be designated Major Subprograms.  The APB Table provides additional policy regarding subprograms.

STATUTORY.  Based on the Secretary's written determination that such a waiver is in the best interest of the DoD.

STATUTORY. Due within 45 calendar days of a Program Deviation Report. 

STATUTORY.  The MDA may authorize the use of a cost-type contract for a development program only upon a written determination that:  (1) the program is so complex and technically challenging that it would not be practicable to reduce program risk to a level that would permit the use of a fixed-price contract; and (2) the complexity and technical challenge of the program are not the result of a failure to meet the requirements of 10 U.S.C. 4252.  The MDA's written determination will include an explanation of the level of program risk, and, if the MDA determines that the program risk is high, the steps that have been taken to reduce program risk and the reasons for proceeding with Milestone B approval despite the high level of program risk.  In considering program risk to determine whether a cost or fixed price engineering and manufacturing development contract meets the statutory requirement, the MDA will consider the following:  the firmness of the capability requirements and maturity of the technology required; the experience level of potential offerors; and the capacity of industry to absorb potential overruns and the business case for industry to do so.

STATUTORY.  The USD(A&S) may only grant the exception:  (1) in the case of a particular cost-type contract if the USD(A&S) provides written certification to the congressional defense committees that a cost-type contract is needed to provide a required capability in a timely and cost-effective manner; (2) the USD(A&S) takes affirmative steps to make sure that the use of cost-type pricing is limited to only those line items or portions of the contract where such pricing is needed to achieve the purposes of the exception; and, (3) an explanation of the steps identified under clause (2), accompanies the written certification under clause (1).

STATUTORY

• The report due for Case 1 must include a description of the specific aspects of the DT&E plan determined to be inadequate; an explanation of why the program disregarded the DASD(DT&E)'s recommendations; and identification of the steps taken to address the concerns of the DASD(DT&E).
• The report due for Case 2 must include an explanation of why the program proceeded to IOT&E despite the DASD(DT&E) findings; a description of the aspects of the TEMP that had to be set aside to enable the program to proceed to IOT&E; a description of how the program addressed the specific areas of concern raised in the assessment of operational test readiness; and a statement of whether IOT&E identified any significant shortcomings in the program.
• The USD(R&E) will compile all such exception reports and annually, not later than 60 days after the end of each fiscal year through 2018, submit a report on each case to the congressional defense committees.
• The D(DT&E) replaced the DASD(DT&E) during the OSD re-organization pursuant to Section 901 of P.L. 114-328.

STATUTORY for MDAPs, ACAT II programs, and any AIS program that exceeds the dollar values for a major system as identified in Table 1 in DoDI 5000.85, Appendix 3A.  Satisfies the statutory restrictions applicable to exceptional use of a lead systems integrator.

STATUTORY.  Only required for programs on the DOT&E Oversight List for LFT&E that are requesting a waiver from full-up, system-level testing.

Joint DoD and DNI oversight of wholly and majority National Intelligence Program-funded acquisition programs will be conducted in accordance with Intelligence Community Policy Guidance 801.1 and the Memorandum of Agreement (MoA) between the DNI and the Secretary of Defense.

STATUTORY for MDAPs after Milestone A, B, or C approval, or for major subprograms of MDAPs after Milestone A approval.  A response to an inquiry must include the independent cost and schedule estimates and the independent technical risk assessment.  A response must also include the following milestone-specific information:

• After Milestone A, an explanation of the basis for the "4251 WRITTEN DETERMINATION" and a copy of the determination, further information, or underlying documentation for the information in the "MILESTONE SUMMARY REPORT."
• After Milestone B, an explanation of the basis for the "4252 CERTIFICATION AND DETERMINATION" or further information or underlying documentation for the information in the "MILESTONE SUMMARY REPORT."  DoD will submit the additional information in unclassified form, but may include a classified annex.
• After Milestone C, further information or underlying documentation for the information in the "MILESTONE SUMMARY REPORT."

STATUTORY.  The remedial actions required when a program or subprogram experiences critical cost growth.

Regulatory.

STATUTORY.  DOT&E LFT&E Oversight programs only, including those that respond to urgent needs.  Program also requires the LFT&E Report (see LFT&E Report row in the Milestone and Phase Information Requirements Table).