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  • Question

    What are the Statutory Documentation Requirements for a non-ACAT project looking to enter into the Rapid Fielding Middle Tier Acquisition (MTA) pathway? The Procedures section of DoDI 5000.02 "Operation of the Adaptive Acquisition Framework" says "Statutory requirements will not be waived unless a statute permits." DoDI 5000.80 only speaks to the MDA approving documentation in their purview as well as documents required to be uploaded to DAVE. Does this mean there is no need to seek a CCA, PESHE, etc waiver?


    Answer

    With the implementation of the MTA Pathway, a large amount of tailoring is allowed when the PMs create their strategies.  As a result, if there are statutory requirements that apply to Major Defense Acquisition Programs (MDAPs) only, they would not apply to programs pursuing MTA.  There are, however, certain items that are statutory to all programs that must be addressed, unless there is a waiver provision created as part of that law specific to that requirement.  These would need to be complied with.  Specific implementation guidance is provided by the applicable service to comply with the higher level guidance.

    For the Air Force, Section 3 of the AFGM2019 63-01, 27 June 2019, has the following:

    3. Rapid Prototyping and Rapid Fielding (Middle Tier). Rapid acquisition activities are intended to be completed in less than five years using the statutory authorities provided by Section 804.

    3.1. Rapid prototyping and fielding efforts conducted under Section 804 are not subject to the JCIDS Manual, DoDD 5000.01, The Defense Acquisition System, or DoDI 5000.02 except as specifically provided in this guidance memo or other DoD regulatory guidance. Statutory and regulatory guidance referenced in these publications, and not otherwise waived, still applies, including all applicable FAR, Defense FAR Supplement, or Air Force FAR Supplement requirements.

    Then in Section 5.3, it says:

    5.3. At a minimum, the PM should consider the intent of the following documents and their applicability to their specific rapid acquisition authority and shall complete documents statutorily required (T-0):

    5.3.1. Tailored Acquisition Baseline / Tailored Integrated Master Schedule,

    5.3.2. Tailored Acquisition Strategy Document

    5.3.3. Tailored Concept Analyses,

    5.3.4. Clinger-Cohen Act Compliance, Risk Management Framework, and Cybersecurity Strategy,

    5.3.5. Program Environmental Safety Occupational Health Evaluation,

    5.3.6. National Environmental Policy Act/Executive Order 12114 Compliance Schedule,

    5.3.7. Frequency Allocation Application,

    5.3.8. Program protection to include critical program information, supply chain risk, and anti-tamper considerations,

    5.3.9. Intelligence and Threat Information/Life Cycle Mission Data Plan.

    So follow the USAF guidance and comply with the statutory requirements unless you are able to get an authorized waiver.

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