119 STAT. 3368
PUBLIC LAW 109–163—JAN. 6, 2006
‘‘(ii) at least 30 percent over the procurement unit cost for the program as shown in the original Baseline Estimate for the program. ‘‘(5) The term ‘critical cost growth threshold’ means the following: ‘‘(A) In the case of a major defense acquisition program, a percentage increase in the program acquisition unit cost for the program of— ‘‘(i) at least 25 percent over the program acquisition unit cost for the program as shown in the current Baseline Estimate for the program; or ‘‘(ii) at least 50 percent over the program acquisition unit cost for the program as shown in the original Baseline Estimate for the program. ‘‘(B) In the case of a major defense acquisition program that is a procurement program, a percentage increase in the procurement unit cost for the program of— ‘‘(i) at least 25 percent over the procurement unit cost for the program as shown in the current Baseline Estimate for the program; or ‘‘(ii) at least 50 percent over the procurement unit cost for the program as shown in the original Baseline Estimate for the program.’’. (b) INCORPORATION OF THRESHOLDS INTO UNIT COST REPORT AND RELATED REQUIREMENTS.— (1) UNIT COST REPORT REQUIREMENTS.—Subsection (c) of such section is amended by striking ‘‘cause to believe—’’ and all that follows through ‘‘reflected in the Baseline Estimate;’’ and inserting ‘‘cause to believe that the program acquisition unit cost for the program or the procurement unit cost for the program, as applicable, has increased by a percentage equal to or greater than the significant cost growth threshold for the program;’’. (2) DETERMINATIONS OF SERVICE ACQUISITION EXECUTIVES.—Subsection (d) of such section is amended— (A) in paragraph (1), by striking ‘‘by at least 15 percent, or by at least 25 percent, over the program acquisition unit cost for the program as shown in the Baseline Estimate’’ and inserting ‘‘by a percentage equal to or greater than the significant cost growth threshold, or the critical cost growth threshold, for the program’’; (B) in paragraph (2), by striking ‘‘by at least 15 percent, or by at least 25 percent, over the procurement unit cost for the program as reflected in the Baseline Estimate’’ and inserting ‘‘by a percentage equal to or greater than the significant cost growth threshold, or the critical cost growth threshold, for the program’’; and (C) in paragraph (3)— (i) by striking ‘‘by at least 15 percent, or by at least 25 percent, as determined under paragraph (1)’’ and inserting ‘‘by a percentage equal to or greater than the significant cost growth threshold or critical cost growth threshold’’; and (ii) by striking ‘‘by at least 15 percent, or by at least 25 percent, as determined under paragraph (2)’’ and inserting ‘‘by a percentage equal to or greater
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