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    1) What is the definition and purpose of the 2366a/b CERTIFICATIONMEMORANDUM and is the Program Manager responsible for any of the development, review, approval, or updates of this acquisition artifact for an upcoming Milestone A, Capability Development Document Validation, The Development Request for Proposals (RFP) Release Decision Point conducted before Milestone B to authorize release of the RFP for the next phase, Milestone B, Milestone C, Full-Rate Production Decision/ Full Deployment Decision, or Other review and if not who is the responsible party or entity? 2) For a MDAP/ACAT I does this artifact have any dependencies with other required Milestone A, Capability Development Document Validation, The Development Request for Proposals (RFP) Release Decision Point conducted before Milestone B to authorize release of the RFP for the next phase, Milestone B, Milestone C, Full-Rate Production Decision/ Full Deployment Decision, or Other review acquisition artifacts?


    Answer

    Title 10 U.S.C. 2366a and 2366b are information requirements mandated by law, also known as STATUTORY requirements, for Major Acquisition Defense Programs (MDAP) to ensure the Milestone Decision Authority (MDA) upon consultation with the Joint Requirements Oversight Council (JROC) certifies that required actions have been either addressed or taken prior to the respective Milestone approval. 

    Title 10 U.S.C 2366a addresses requirements to receive Milestone A approval.  Prior to Milestone A approval the MDA must certify that the program

    (1) fulfills an approved initial capabilities document;
    (2) is being executed by an entity with a relevant function or core competency as identified by the Secretary of Defense;
    (3) ensures duplication is necessary and appropriate if a capability is already provided by an existing system;
    (4) determines applicability of core logistics capabilities requirements;
    (5) has performed an analysis of alternatives consistent with study guidance developed by the Director of Cost Assessment and Program Evaluation; and
    (6) has submitted a cost estimate with the concurrence of the Director of Cost Assessment and Program Evaluation, and that the level of resources required to develop, procure, and sustain the program is consistent with the priority level assigned by the Joint Requirements Oversight Council.
     

    Title 10 U.S.C 2366b addresses requirements to receive Milestone B approval.  Prior to Milestone B approval the MDA must certify that the program
     
    (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) appropriate trade-offs among cost, schedule, and performance objectives have been made to ensure that 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, with the concurrence of the Director of Cost Assessment and Program Evaluation, the product development and production 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;
       
    (2) has received a preliminary design review and conducted a formal post-preliminary design review assessment, and certifies on the basis of such assessment that the program demonstrates a high likelihood of accomplishing its intended mission;
    (3) 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 AoA for the program;
    (C) the JROC has accomplished its duties to include an analysis of the operational requirements
    (D) the technology in the program has been demonstrated in a relevant environment and is accessed at a Technology Readiness Level (TRL) 6 or higher
    (E) life-cycle sustainment planning, including corrosion prevention and mitigation planning, has identified and evaluated relevant sustainment costs throughout development, production, operation, sustainment, and disposal of the program, and any alternatives, and that such costs are reasonable and have been accurately estimated;
    (F) an estimate has been made of the requirements for core logistics capabilities and the associated sustaining workloads required to support such requirements;
    (G) there is a plan to mitigate and account for any costs in connection with any anticipated de-certification of cryptographic systems and components during the production and procurement of the major defense acquisition program to be acquired; and
    (H) the program complies with all relevant policies, regulations, and directives of the Department of Defense; and
     
    (4) in the case of a space system, performs a cost benefit analysis for any new or follow-on satellite system using a dedicated ground control system instead of a shared ground control system, except that no cost benefit analysis is required to be performed under this paragraph for any Milestone B approval of a space system after December 31, 2019.
     
     
     

    According to DODI 5000.02, November 25, 2013 a program manager, under the supervision the Program Executive Officers (PEOs) and Component Acquisition Executives (CAEs), is expected to design acquisition programs, prepare programs for decisions and execute approved program plans.  With respect to Milestone A and Milestone B approvals, program managers will ensure that all requirements IAW Title 10 U.S.C 2366a and 2366b have been met in preparation for MDA certification and respective Milestone A or B approval.  The program manager will also ensure critical activities occur in support of Milestone C, Full-Rate Production Decision, Full Deployment Decision and other critical points during a program.  However, these activities will all occur beyond Milestone B and have no direct linkage to the Title 10 U.S.C. 2366a and 2366b certifications requirements. 

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