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    What is the best way to update my APB without going into breach? Is my MDA (Army Acquisition Executive) authorized to make Extension Determinations by Title 10 U.S. Code 2445c, in lieu of declaring a breach and notifying Congress of a Breach? I would like the MDA to make an Extension Determination for each new CD, but do not know if that is possible or has precedence.


    Answer

    Once you have an established baseline that has been reported in a MAIS Annual Report there is no way of making significant or critical changes without notifying Congress.  Critical changes are also known as breaches and occur when the (a) schedule is delayed more than one year, (b) IOC will not be achieved in 5 years, (c) Costs increase of 25%  over original baseline, or (d) performance will be undermined the functionality of the original baseline.  If your program changes meet any of these criteria, the MDA must declare a breach and comply with all the reporting a certification processes. 
     
    Having said that, Congress did provide a way for the MDA to avoid some of the negative consequences of breaches under Title 10 U.S. Code 2445c.  U.S. Code 2445c essentially says that the MDA may, in lieu of carrying out an evaluation and submitting a breach report, make an Extension Determination if the circumstances are primarily for the extension of a program and involve minimal developmental risk.  For example, if the Service changed the funding start from FY 2016 to FY2017, then the MDA could use an extension determination because the change was only due to an extension and there was no technical risk.  This would also be true if there was a contract signing delay or protest.  On the other hand,  any changes that involve expanded or more demanding requirements would not qualify for an MDA extension determination.  It is important to note that even if the MDA does an extension determination (under U. S. Code 2445c) it still must be reported to Congress but it does avoid the negative consequences of a breach.

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