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    When must a program be CCA compliant? Before or after the ASP for a Pre-MS-C program? Looking at AFMAN17-1402, the document would at first imply that the MDA should not approve program start until after CCA compliance: Para 3.3: “...the Milestone Decision Authority will not initiate a program nor an increment of a program, or approve entry into any phase of the acquisition process that requires formal acquisition milestone approval, and the DoD Component will not award a contract for the applicable acquisition phase until: (1) The sponsoring DoD Component or program manager has satisfied the applicable acquisition phase-specific requirements of the CCA as shown in Table 10 in Enclosure 1 of this instruction; and (2) The Program Manager has reported CCA compliance to the MDA and the DoD Component Chief Information Officer (CIO), or their designee.” But it contradicts itself (seemingly) in the next paragraph, stating that CCA compliance is undertaken when buying IT and a program must be compliant by official milestones (A,B,C, FRP, and major contract). Para 3.4: “CCA compliance is undertaken when a program acquires IT. DoDI 5000.02 requires CCA compliance in time when a program is approaching its next Milestone Decision Review (Milestones A, B, and C, and Full Rate Production Decision/Full Deployment Decision or a major contract award consistent with DoDI 5000.02 and AFI 63-101/20-101, Integrated Life-Cycle Management).” Plus, an ASP is part of the documentation required for CCA under table 10 referenced in 3.3. Thanks for any help you can provide!


    Answer

    The Clinger-Cohen Act Compliance languare from the DoDI 5000.02 Enclosure 11 is included below.  The ASP is not addressed in the DoDI 5000.02, but CCA compliance is required prior to program initiation, increment initiation, or entry into any phase (Production & Deployment in your case) of the acquisition process that requires formal acquisition milestone approval.  So from a DoD standpoint, CCA compliance is not required at the ASP.

    I also recommend that you contact Neal Zank at 703-695-6102 or email him at usaf.pentagon.saf-cio-a6.mbx.af-cio-clinger-cohen-compliance@mail.mil.  Neal works in SAF/A6 and can answer specific CCA questions.  In the current environment, there are many different variations (Section 804, etc.), so your path may vary.

    E11: 3. CLINGER-COHEN ACT (CCA) COMPLIANCE.

    Subtitle III of title 40 of U.S. Code (Reference (p)) (formerly known as Division E of CCA) (hereinafter referred to as “CCA”) applies to all IT investments, including NSS. (DAG CH 6–3.6.8.2.)

    E11: 3.a. For all programs that acquire IT, including NSS, at any acquisition category (ACAT) level, the MDA will not initiate a program nor an increment of a program, or approve entry into any phase of the acquisition process that requires formal acquisition milestone approval, and the DoD Component will not award a contract for the applicable acquisition phase until:

    E11: 3.a.(1) The sponsoring DoD Component or program manager has satisfied the applicable acquisition phase-specific requirements of the CCA as shown in Table 9 in Enclosure 1 of this instruction; and

    E11: 3.a.(2) The Program Manager has reported CCA compliance to the MDA and the DoD Component Chief Information Officer (CIO), or their designee.

    E11: 3.b. Table 10 in Enclosure 1 of this instruction identifies the specific requirements for CCA compliance. These requirements will be satisfied to the maximum extent practicable through documentation developed under the JCIDS and the Defense Acquisition System. To report compliance, the Program Manager will prepare a table similar to Table 10 to indicate which documents demonstrate compliance with the CCA requirements. The Program Manager’s table will provide links to the cited documents and serve as Program Manager’s “CCA Compliance Report.”

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