Page:United States Statutes at Large Volume 119.djvu/3384

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[119 STAT. 3366]
[119 STAT. 3366]
PUBLIC LAW 109-000—MMMM. DD, 2005

119 STAT. 3366

PUBLIC LAW 109–163—JAN. 6, 2006

Sec. 844. Exclusion of certain security expenses from consideration for purpose of small business size standards. Sec. 845. Disaster relief for small business concerns damaged by drought. Sec. 846. Extension of limited acquisition authority for the commander of the United States Joint Forces Command. Sec. 847. Civilian Board of Contract Appeals. Sec. 848. Statement of policy and report relating to contracting with employers of persons with disabilities. Sec. 849. Study on Department of Defense contracting with small business concerns owned and controlled by service-disabled veterans.

Subtitle A—Provisions Relating to Major Defense Acquisition Programs SEC.

801.

REQUIREMENT FOR CERTIFICATION BEFORE MAJOR DEFENSE ACQUISITION PROGRAM MAY PROCEED TO MILESTONE B.

(a) CERTIFICATION REQUIREMENT.—Chapter 139 of title 10, United States Code, is amended by inserting after section 2366 the following new section: ‘‘§ 2366a. Major defense acquisition programs: certification required before Milestone B or Key Decision Point B approval ‘‘(a) CERTIFICATION.—A major defense acquisition program may not receive Milestone B approval, or Key Decision Point B approval in the case of a space program, until the milestone decision authority certifies that— ‘‘(1) the technology in the program has been demonstrated in a relevant environment; ‘‘(2) the program demonstrates a high likelihood of accomplishing its intended mission; ‘‘(3) 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; ‘‘(4) the Department of Defense has completed an analysis of alternatives with respect to the program; ‘‘(5) the program is affordable when considering the ability of the Department of Defense to accomplish the program’s mission using alternative systems; ‘‘(6) the Joint Requirements Oversight Council has accomplished its duties with respect to the program pursuant to section 181(b) of this title, including an analysis of the operational requirements for the program; and ‘‘(7) the program complies with all relevant policies, regulations, and directives of the Department of Defense. ‘‘(b) SUBMISSION TO CONGRESS.—The certification required under subsection (a) with respect to a major defense acquisition program shall be submitted to the congressional defense committees with the first Selected Acquisition Report submitted under section 2432 of this title after completion of the certification. ‘‘(c) WAIVER FOR NATIONAL SECURITY.—The milestone decision authority may waive the applicability to a major defense acquisition program of one or more components (as specified in paragraph (1), (2), (3), (4), (5), or (6) of subsection (a)) of the certification requirement if the milestone decision authority determines that,

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