CHAPTER 205—DEFENSE ACQUISITION SYSTEM
3102.
Objectives of the defense acquisition system.
3103.
Civilian management of the defense acquisition system.
3104.
Acquisition-related functions of service chiefs.
3105.
Elements of the defense acquisition system: performance assessments.
Editorial Notes
Prior Provisions
A prior chapter 205 "DEFENSE ACQUISITION SYSTEM", as added by Pub. L. 115–232, div. A, title VIII, §801(a), Aug. 13, 2018, 132 Stat. 1826, and consisting of reserved section 3051, was repealed by Pub. L. 116–283, div. A, title XVIII, §1808(a)(1), Jan. 1, 2021, 134 Stat. 4159.
Amendments
2025—Pub. L. 119–60, div. A, title VIII, §811(a)(3), title XVIII, §1801(a)(1), (c)(1)(A), Dec. 18, 2025, 139 Stat. 948, 1221, 1223, substituted "Objectives of the defense acquisition system" for "Customer-oriented acquisition system" and "Acquisition-related functions of service chiefs" for "Acquisition-related functions of chiefs of the armed forces" in items 3102 and 3104, respectively, and struck out item 3106 "Elements of the defense acquisition system: performance goals". Amendments were made pursuant to operation of section 102 of this title.
2023—Pub. L. 118–31, div. A, title XVIII, §1801(a)(25), Dec. 22, 2023, 137 Stat. 684, inserted period at end of item 3106.
2021—Pub. L. 116–283, div. A, title XVIII, §§1808(a)(1), (3)(B), (c)(3), Jan. 1, 2021, 134 Stat. 4159, 4160, transferred chapter 149 of this title to this chapter, renumbered items 2545, 2546, 2546a, 2547, and 2548 as 3101, 3103, 3102, 3104, and 3105, respectively, moved item 3102 so as to follow item 3101, added items 3105 and 3106, and struck out former item 3105 (as renumbered from 2548) "Performance assessments of the defense acquisition system".
Statutory Notes and Related Subsidiaries
Review and Alignment of Standards, Guidance, and Policies Relating to Digital Engineering
Pub. L. 119–60, div. A, title II, §221, Dec. 18, 2025, 139 Stat. 779, provided that:
"(a) Review Required.—
"(1) In general.—Not later than 180 days after the date of the enactment of this Act [Dec. 18, 2025], each Secretary of a military department, in coordination with the officials specified in subsection (c), shall complete a comprehensive review of the standards, guidance, and policies relating to digital engineering within the covered Armed Forces under the jurisdiction of that Secretary.
"(2) Elements.—Each review under paragraph (1) shall include, with respect to the covered Armed Forces under the jurisdiction of the Secretary concerned, the following:
"(A) A review of the reference architectures, standards, and best practices for the use of digital engineering tools (including digital twins and digital threads) as in effect at the time of the review, including standards for the use of such tools at all stages of program design, development, and testing.
"(B) Identification of the current standards guiding the use of such digital engineering tools, at all stages of program design, development, and testing.
"(C) Assessment of—
"(i) the extent to which the use of such standards and related governance structures is consistent across the covered Armed Forces under the jurisdiction of the Secretary concerned; and
"(ii) the level of interoperability of such standards across such Armed Forces.
"(D) Identification of best practices for digital engineering within each such Armed Force.
"(E) Recommendations for improvements to the use of digital engineering tools in each such Armed Force.
"(b) Development of Standard Reference Architecture.—
"(1) In general.—Not later than 180 days after the date on which the Secretary of a military department completes the review required under subsection (a), the Secretary shall develop and implement a standard reference architecture to guide the use of, and best practices for, digital engineering for program design, development, and testing within each covered Armed Force under the jurisdiction of that Secretary. Each reference architecture shall include—
"(A) a framework and clear requirements for developing and deploying digital engineering tools across program lifecycles;
"(B) defined standards for data management and modeling; and
"(C) consideration for either consensus-based standards or nonconsensus-based standards, depending on what is determined to be in the best interests of the government based on the ability to adopt such standards quickly and prevent technology vendor lock.
"(2) Periodic review.—Not less frequently than once every three years following implementation of the standard reference architecture required under paragraph (1), but ending on September 30, 2034, each Secretary of a military department shall—
"(A) conduct periodic reviews of the reference architecture to ensure it effectively addresses advancements in technology and evolving operational needs; and
"(B) if necessary, modify the reference architecture to address such advancements and needs.
"(3) Approval and certification required.—Before a reference architecture may be implemented under this subsection, the Under Secretary of Defense for Acquisition and Sustainment, in coordination with the Under Secretary of Defense for Research and Engineering and the Director of Operational Test and Evaluation, shall—
"(A) review and approve the reference architecture; and
"(B) submit certification of such approval to the Secretary of the military department concerned.
"(4) Recommendations for further standardization.—Based on the reviews conducted under paragraph (3), the Under Secretary of Defense for Acquisition and Sustainment, in coordination with the Under Secretary of Defense for Research and Engineering and the Director of Operational Test and Evaluation, shall—
"(A) identify and develop recommendations regarding areas in which further standardization of reference architectures across the covered Armed Forces may be feasible; and
"(B) submit such recommendations to the Secretaries of the military departments.
"(c) Officials Specified.—The officials specified in this subsection are the following:
"(1) The Under Secretary of Defense for Acquisition and Sustainment.
"(2) The Under Secretary of Defense for Research and Engineering.
"(3) The Director of Operational Test and Evaluation.
"(d) Definitions.—In this section:
"(1) The term 'covered Armed Forces' means the Army, Navy, Air Force, Marine Corps, and Space Force.
"(2) The term 'reference architecture' means an authoritative source of information about a specific subject area that guides and constrains the instantiations of multiple architectures and solutions, as described in the guidance of the Office of the Assistant Secretary of Defense titled 'Reference Architecture Description', dated June 2010, or any successor to such guidance."
Pilot Program for Data-Enabled Ground Vehicle Maintenance
Pub. L. 119–60, div. A, title III, §350, Dec. 18, 2025, 139 Stat. 831, provided that:
"(a) In General.—Not later than 90 days after the date of the enactment of this Act [Dec. 18, 2025], the Secretary concerned with respect to a covered Armed Force, in consultation with the Chief Digital and Artificial Intelligence Officer of the Department of Defense, shall establish in such covered Armed Force a pilot program under which the covered Armed Force shall use commercially available artificial intelligence technologies to improve the maintenance of ground vehicles performed by such covered Armed Force.
"(b) Objectives.—Under the pilot program established under subsection (a), the Secretary concerned shall—
"(1) assess the feasibility and effectiveness of artificial intelligence-driven approaches in improving maintenance regimes for ground vehicles;
"(2) assess the cost savings resulting from the use of artificial intelligence technology for the maintenance of ground vehicles; and
"(3) identify and mitigate potential challenges and risks associated with the integration of artificial intelligence technology for modernized maintenance of ground vehicles, including cybersecurity concerns.
"(c) Report.—Not later than one year after the date of the enactment of this Act, each Secretary concerned with respect to a covered Armed Force shall submit to Committees on Armed Services of the House of Representatives and the Senate a report on the activities performed under the pilot program established under subsection (a) in such covered Armed Force.
"(d) Termination.—The authority to carry out a pilot program under subsection (a) shall terminate on January 1, 2029.
"(e) Definitions.— In this section:
"(1) The term 'covered Armed Force' means the Army, Navy, or Air Force.
"(2) The term 'Secretary concerned' has the meaning given such term in section 101(a)(9) of title 10, United States Code."
Objectives for Accelerating Requirements; Consultation
Pub. L. 119–60, div. A, title XVIII, §1812(c), (d), Dec. 18, 2025, 139 Stat. 1245, provided that:
"(c) Objectives for Accelerating Requirements.—Not later than 90 days after the date of enactment of this Act [Dec. 18, 2025], the Secretary of Defense shall establish annual objectives for requirements processes that include, at a minimum, objectives for—
"(1) the end-to-end time to complete the requirements process, from problem statement to validated decision;
"(2) the percentage of requirements decisions made within standard timelines;
"(3) the rate and median time of transition from successful prototype to production (including timelines for follow-on production contracts or transactions, as defined in section 4022 of title 10, United States Code); and
"(4) the use and effectiveness of systematic, iterative cycles of concept exploration, prototyping, mission-based analysis, and rigorous field demonstrations in informing capability requirements.
"(d) Consultation.—In carrying out this section, the Secretary of Defense shall consult, as appropriate, with the Deputy Secretary of Defense, the Chairman of the Joint Chiefs of Staff, the Under Secretary of Defense for Acquisition and Sustainment, the Director of Cost Assessment and Program Evaluation, the Chief Information Officer of the Department of Defense, each Secretary of a military department, the commanders of the combatant commands, and relevant mission-engineering and integration activities."
Management and Utilization of Digital Data To Enhance Maintenance Activities
Pub. L. 118–159, div. A, title II, §233, Dec. 23, 2024, 138 Stat. 1838, provided that:
"(a) Policies Required.—Not later than one year after the date of the enactment of this Act [Dec. 23, 2024], the Under Secretary of Defense for Acquisition and Sustainment, in consultation with the Secretaries of the military departments and the Chief Digital and Artificial Intelligence Officer of the Department of Defense, shall develop and implement policies to manage and utilize data derived from digital data systems for aircraft, ships, and ground vehicles to inform and support maintenance activities conducted with respect to such aircraft, ships, and vehicles.
"(b) Elements.—The policies required by subsection (a) shall include investment in advanced and scalable data infrastructure to efficiently record, transmit, categorize, and otherwise process data generated by digital data systems described in such subsection. Such policies shall—
"(1) require development of a strategy to invest in advanced technologies, including automated systems and artificial intelligence, to streamline the process of organizing, indexing, and categorizing data;
"(2) require work with vendors to address and resolve limitations imposed by proprietary information and data, including through the adoption of open data and open mission systems approaches;
"(3) address data transmission capabilities, such as—
"(A) implementing high-speed data transfer technologies;
"(B) optimizing network infrastructure; and
"(C) developing secure and efficient methods for transmitting mission-critical data between bases;
"(4) require central compilation of maintenance data and creation of user interfaces, prioritizing analysis of long-lead components;
"(5) require the use of vendor-agnostic, government-owned tagging and interoperable systems, except in cases where there is a compelling reason not to use such systems;
"(6) require review of classification policies relating to digital data to ensure that data is appropriately classified without unnecessarily restricting its usability; and
"(7) establish protocols for detecting unauthorized access or intrusion into vehicle or platform systems.
"(c) Briefing.—Not later than one year after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on—
"(1) the policies developed under subsection (a); and
"(2) the status of the implementation of such policies."
Modernizing the Department of Defense Requirements Process
Pub. L. 118–31, div. A, title VIII, §811, Dec. 22, 2023, 137 Stat. 321, provided that:
"(a) Modernizing the Department of Defense Requirements Process.—Not later than October 1, 2025, the Secretary of Defense, acting through the Vice Chairman of the Joint Chiefs of Staff, in coordination with the Secretaries of the military departments and the commanders of the combatant commands, and in consultation with the Under Secretary of Defense for Acquisition and Sustainment, shall develop and implement a streamlined requirements development process for the Department of Defense, to include revising the Joint Capabilities Integration and Development System, in order to improve alignment between modern warfare concepts, technologies, and system development and reduce the time to deliver needed capabilities to warfighters.
"(b) Reform Elements.—The process required by subsection (a) shall—
"(1) streamline requirements documents, reviews, and approval processes, focusing on programs below the major defense acquisition program threshold described in section 4201 of title 10, United States Code;
"(2) revise requirements management practices using a clean-sheet approach that avoids prescriptive language, is based on mission outcomes and assessed threats, enables a more iterative and collaborative approach with the Armed Forces, maximizes the use of commercial products or commercial services in accordance with section 3453 of title 10, United States Code, and allows for a broader range of new or alternative technological opportunities to be incorporated without the requirement being validated again;
"(3) develop a capability needs and requirements framework and pathways that are aligned to the pathways of the adaptive acquisition framework (as described in Department of Defense Instruction 5000.02, 'Operation of the Adaptive Acquisition Framework'), and better aligned and integrated with the science and technology development processes of the Department;
"(4) provide continuity to the acquisition and research programs of the military departments by enabling the military departments to develop, with respect to collections of capabilities grouped by function by the Department of Defense, sets of requirements that are designed to remain applicable to programs and systems relating to such capabilities over substantial periods of time;
"(5) require the military departments to—
"(A) articulate in a concise model and document with a set of mission impact measures the sets of requirements developed under paragraph (4); and
"(B) seek to continuously improve the capabilities subject to such sets of requirements the acquisition of additional capabilities;
"(6) establish a process to rapidly validate the ability of commercial products and services to meet capability needs or opportunities;
"(7) retire and replace the Department of Defense Architecture Framework with a new structure focused on enabling interoperability through application program interfaces, enterprise architectures and platforms, and government and commercial standards; and
"(8) ensure that requirements processes for software, artificial intelligence, data, and related capability areas enable a more rapid, dynamic, and iterative approach than the requirements processes for traditional hardware systems.
"(c) Elements.—With respect to the implementation of the process required by subsection (a), the Vice Chairman of the Joint Chiefs of Staff shall—
"(1) collaborate with industry partners, contractors of the Department and nontraditional defense contractors (as defined in section 3014 of title 10, United States Code), and Department of Defense science and technology reinvention laboratories (as designated under section 4121(b) of title 10, United States Code) regarding the development of the streamlined requirements development process under subsection (a) to ensure such process effectively uses the innovation ecosystem (as defined in section 236(g) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 [Pub. L. 117–263] (10 U.S.C. 4001 note));
"(2) develop a formal career path, training, and structure for requirements managers; and
"(3) publish new policies, guidance, and templates for the operational, requirements, and acquisition workforces online in digital formats.
"(d) Interim Report.—Not later than October 1, 2024, the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report on the development and implementation of the process required by subsection (a), including—
"(1) a description of the efforts to develop and implement the streamlined requirements development process under subsection (a);
"(2) the plans of the Department of Defense to implement, communicate, and continuously improve the requirements development process required by subsection (a); and
"(3) any additional recommendations for legislation that the Secretary determines appropriate.
"(e) Final Report.—Not later than October 1, 2025, the Secretary of Defense shall submit to the congressional defense committees a report describing activities carried out pursuant to this section."
Digital Modernization of Analytical and Decision-Support Processes for Managing and Overseeing Department of Defense Acquisition Programs
Pub. L. 116–283, div. A, title VIII, §836, Jan. 1, 2021, 134 Stat. 3756, provided that:
"(a) Digital Data Management and Analytics Capabilities.—
"(1) In general.—The Secretary of Defense shall iteratively develop and integrate advanced digital data management and analytics capabilities, consistent with private sector best practices, that—
"(A) integrate all aspects of the defense acquisition system, including the development of capability requirements, research, design, development, testing, evaluation, acquisition, management, operations, and sustainment of systems;
"(B) facilitate the management and analysis of all relevant data generated during the development of capability requirements, research, design, development, testing, evaluation, acquisition, operations, and sustainment of systems;
"(C) enable the use of such data to inform further development, acquisition, management and oversight of such systems, including portfolio management; and
"(D) include software capabilities to collect, transport, organize, manage, make available, and analyze relevant data throughout the life cycle of defense acquisition programs, including any data needed to support individual and portfolio management of acquisition programs.
"(2) Requirements.—The capabilities developed under paragraph (1) shall—
"(A) be accessible to, and useable by, individuals throughout the Department of Defense who have responsibilities relating to activities described in clauses (A) through (C) of paragraph (1);
"(B) enable the development, use, curation, and maintenance of original form and real-time digital systems by—
"(i) ensuring shared access to data within the Department;
"(ii) supplying data to digital engineering models for use in the defense acquisition, sustainment, and portfolio management processes; and
"(iii) supplying data to testing infrastructure and software to support automated approaches for testing, evaluation, and deployment throughout the defense acquisition, sustainment, and portfolio management processes; and
"(C) feature—
"(i) improved data management and sharing processes;
"(ii) timely, high-quality, transparent, and actionable analyses; and
"(iii) analytical models and simulations.
"(3) Enabling data infrastructure, tools, and processes.—In developing the capability required under paragraph (1), the Secretary of Defense shall—
"(A) move supporting processes and the data associated with such processes from analog to digital format, including planning and reporting processes;
"(B) make new and legacy data more accessible to, and usable by, appropriate employees and contractors (at any tier) of the Department of Defense and members of the Armed Forces, including through migration of program and other documentation into digital formats;
"(C) modernize the query, collection, storage, retrieval, reporting, and analysis capabilities for stakeholders within the Department, including research entities, Program Management Offices, analytic organizations, oversight staff, and decision makers;
"(D) automate data collection and storage to minimize or eliminate manual data entry or manual reporting;
"(E) enable employees and other appropriate users to access data from all relevant data sources, including through—
"(i) streamlining data access privileges;
"(ii) sharing of appropriate data between and among Federal Government and contractor information systems; and
"(iii) enabling timely and continuous data collection and sharing from all appropriate personnel, including contractors;
"(F) modernize existing enterprise information systems to enable interoperability consistent with technical best practices; and
"(G) provide capabilities and platforms to enable continuous development and integration of software using public and private sector best practices.
"(b) Portfolio Management.—The Secretary of Defense shall establish capabilities for robust, effective, and data-driven portfolio management described in subsection (a)(1)(C), using the capability established in this section, to improve the Department of Defense-wide assessment, management, and optimization of the investments in weapon systems of the Department, including through consolidation of duplicate or similar weapon system programs.
"(c) Demonstration Activities.—
"(1) In general.—The Secretary of Defense shall carry out activities to demonstrate the capability required under subsection (a).
"(2) Activity selection.—Not later than July 15, 2021, the Secretary of Defense shall select decision support processes and individual acquisition programs to participate in the demonstration activities under paragraph (1), including—
"(A) decision support processes, including—
"(i) portfolio management as described in subsection (b);
"(ii) one or more acquisition data management test cases; and
"(iii) one or more development and test modeling and simulation test cases to demonstrate the ability to collect data from tests and operations in the field, and feed the data back into models and simulations for better software development and testing;
"(B) individual acquisition programs representing—
"(i) one or more defense business systems;
"(ii) one or more command and control systems;
"(iii) one or more middle tier of acquisition programs;
"(iv) programs featuring a cost-plus contract type, and a fixed-price contract type, and a transaction authorized under section 2371 [now 10 U.S.C. 4021] or 2371b [now 10 U.S.C. 4022] of title 10, United States Code; and
"(v) at least one program in each military department.
"(3) Execution of demonstration activities.—As part of the demonstration activities under paragraph (1), the Secretary shall—
"(A) conduct a comparative analysis that assesses the risks and benefits of the digital management and analytics capability used in each of the programs participating in the demonstration activities relative to the traditional data collection, reporting, exposing, and analysis approaches of the Department;
"(B) ensure that the intellectual property strategy for each of the programs participating in the demonstration activities is best aligned to meet the goals of the program; and
"(C) develop a workforce and infrastructure plan to support any new policies and guidance implemented in connection with the demonstration activities, including any policies and guidance implemented after the completion of such activities.
"(d) Policies and Guidance Required.—Not later than March 15, 2022, based on the results of the demonstration activities carried out under subsection (c), the Secretary of Defense shall issue or modify policies and guidance to—
"(1) promote the use of digital data management and analytics capabilities; and
"(2) address roles, responsibilities, and procedures relating to such capabilities.
"(e) Steering Committee.—
"(1) In general.—The Secretary of Defense shall establish a steering committee to assist the Secretary in carrying out subsections (a) through (c).
"(2) Membership.—The steering committee shall be composed of the following members or their designees:
"(A) The Deputy Secretary of Defense.
"(B) The Chief Information Officer.
"(C) The Director of Cost Assessment and Program Evaluation.
"(D) The Under Secretary of Defense for Research and Engineering.
"(E) The Under Secretary of Defense for Acquisition and Sustainment.
"(F) The Director of Operational Test and Evaluation.
"(G) The Service Acquisition Executives.
"(H) The Director for Force Structure, Resources, and Assessment of the Joint Staff.
"(I) The Director of the Defense Digital Service.
"(J) Such other officials of the Department of Defense as the Secretary determines appropriate.
"(f) Independent Assessments.—
"(1) Initial assessment.—
"(A) In general.—The Defense Innovation Board, in consultation with the Defense Digital Service, shall conduct an independent assessment and cost-benefits analysis to identify recommended approaches for the implementation of subsections (a) through (c).
"(B) Elements.—The assessment under subparagraph (A) shall include the following:
"(i) A plan for the development and implementation of the capabilities required under subsection (a), including a plan for any procurement that may be required as part of such development and implementation.
"(ii) An independent cost assessment of the total estimated cost of developing and implementing the capability, as well as an assessment of any potential cost savings.
"(iii) An independent estimate of the schedule for the development approach, and order of priorities for implementation of the capability, including a reasonable estimate of the dates on which the capability can be expected to achieve initial operational capability and full operational capability, respectively.
"(iv) A recommendation identifying the office or other organization of the Department of Defense that would be most appropriate to manage and execute the capability.
"(C) Report.—Not later than July 15, 2021, the Defense Innovation Board, in consultation with the Defense Digital Service, shall submit to the Secretary of Defense and the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report on the findings of the assessment under subparagraph (A), including the findings of the assessment with respect to each element specified in subparagraph (B).
"(2) Second assessment.—
"(A) In general.—Not later than March 15, 2023, the Defense Innovation Board and the Defense Science Board shall jointly complete an independent assessment of the progress of the Secretary in implementing subsections (a) through (c). The Secretary of Defense shall ensure that the Defense Innovation Board and the Defense Science Board have access to the resources, data, and information necessary to complete the assessment.
"(B) Information to congress.—Not later than 30 days after the date on which the assessment under subparagraph (A) is completed, the Defense Innovation Board and the Defense Science Board shall jointly provide to the congressional defense committees—
"(i) a report summarizing the assessment; and
"(ii) a briefing on the findings of the assessment.
"(g) Demonstrations and Briefing.—
"(1) Demonstration of implementation.—Not later than October 20, 2021, the Secretary of Defense shall submit to the congressional defense committees a demonstration and briefing on the progress of the Secretary in implementing subsections (a) through (c). The briefing shall include an explanation of how the results of the demonstration activities carried out under subsection (c) will be incorporated into the policy and guidance required under subsection (d), particularly the policy and guidance of the members of the steering committee established under subsection (e).
"(2) Briefing on legislative recommendations.—Not later than February 1, 2022, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and of the House of Representatives a briefing that identifies any changes to existing law that may be necessary to facilitate the implementation of subsections (a) through (c).
"(3) Demonstration of portfolio management.—In conjunction with the budget of the President for fiscal year 2023 (as submitted to Congress under section 1105(a) of title 21 [probably should be title "31"], United States Code), the Deputy Secretary of Defense shall schedule a demonstration of the portfolio management capability developed under subsection (b) with the congressional defense committees."
Prototype Projects To Digitize Defense Acquisition Regulations, Policies, and Guidance, and Empower User Tailoring of Acquisition Process
Pub. L. 115–91, div. A, title VIII, §868, Dec. 12, 2017, 131 Stat. 1495, provided that:
"(a) In General.—The Secretary of Defense, acting through the Under Secretary of Defense for Research and Engineering, shall conduct development efforts to develop prototypes to digitize defense acquisition regulations, policies, and guidance and to develop a digital decision support tool that facilitates the ability of users to tailor programs in accordance with existing laws, regulations, and guidance.
"(b) Elements.—Under the prototype projects, the Secretary shall—
"(1) convert existing acquisition policies, guides, memos, templates, and reports to an online, interactive digital format to create a dynamic, integrated, and authoritative knowledge environment for purposes of assisting program managers and the acquisition workforce of the Department of Defense to navigate the complex lifecycle for each major type of acquisition program or activity of the Department;
"(2) as part of this digital environment, create a digital decision support capability that uses decision trees and tailored acquisition models to assist users to develop strategies and facilitate coordination and approvals; and
"(3) as part of this environment, establish a foundational data layer to enable advanced data analytics on the acquisition enterprise of the Department, to include business process reengineering to improve productivity.
"(c) Use of Prototypes in Acquisition Activities.—The Under Secretary of Defense for Research and Engineering shall encourage the use of these prototypes to model, develop, and test any procedures, policies, instructions, or other forms of direction and guidance that may be required to support acquisition training, practices, and policies of the Department of Defense.
"(d) Funding.—The Secretary may use the authority under section 1705(e)(4)(B) of title 10, United States Code, to develop acquisition support prototypes and tools under this program."
Software Development Pilot Program Using Agile Best Practices
Pub. L. 115–91, div. A, title VIII, §874, Dec. 12, 2017, 131 Stat. 1500, which required the Secretary of Defense to identify no fewer than four and up to eight software development activities within the Department of Defense or military departments to be developed in a pilot program using agile acquisition methods, was repealed by Pub. L. 119–60, div. A, title VIII, §811(b)(6)(B), Dec. 18, 2025, 139 Stat. 948.
Establishment of Set of Activities That Use Data Analysis, Measurement, and Other Evaluation-Related Methods To Improve Acquisition Program Outcomes
Pub. L. 115–91, div. A, title IX, §913, Dec. 12, 2017, 131 Stat. 1523, as amended by Pub. L. 115–232, div. A, title X, §1081(c)(2), Aug. 13, 2018, 132 Stat. 1985; Pub. L. 118–159, div. A, title XVII, §1701(d)(2), Dec. 23, 2024, 138 Stat. 2207, provided that:
"(a) Establishment Required.—Not later than one year after the date of the enactment of this Act [Dec. 12, 2017], the Secretary of Defense shall establish a set of activities that use data analysis, measurement, and other evaluation-related methods to improve the acquisition outcomes of the Department of Defense and enhance organizational learning.
"(b) Types of Activities.—The set of activities established under subsection (a) may include any or all of the following:
"(1) Establishment of data analytics capabilities and organizations within an Armed Force.
"(2) Development of capabilities in Department of Defense laboratories, test centers, and federally funded research and development centers to provide technical support for data analytics activities that support acquisition program management and business process re-engineering activities.
"(3) Increased use of existing analytical capabilities available to acquisition programs and offices to support improved acquisition outcomes.
"(4) Funding of intramural and extramural research and development activities to develop and implement data analytics capabilities in support of improved acquisition outcomes.
"(5) Publication, to the maximum extent practicable, and in a manner that protects classified and proprietary information, of data collected by the Department of Defense related to acquisition program costs and activities for access and analyses by the general public or Department research and education organizations.
"(6) Promulgation by the Chief of Staff of the Army, the Chief of Naval Operations, the Chief of Staff of the Air Force, the Chief of Space Operations, and the Commandant of the Marine Corps, in coordination with the Deputy Secretary of Defense, the Under Secretary of Defense for Research and Engineering, and the Under Secretary for Acquisition and Sustainment, of a consistent policy as to the role of data analytics in establishing budgets and making milestone decisions for major defense acquisition programs.
"(7) Continual assessment, in consultation with the private sector, of the efficiency of current data collection and analyses processes, so as to minimize the requirement for collection and delivery of data by, from, and to Government organizations.
"(8) Promulgation of guidance to acquisition programs and activities on the efficient use, quality, and sharing of enterprise data between programs and organizations to improve acquisition program analytics and outcomes.
"(9) Establishment of focused research and educational activities at the Defense Acquisition University, and appropriate private sector academic institutions, to support enhanced use of data management, data analytics, and other evaluation-related methods to improve acquisition outcomes."
[Pub. L. 115–232, div. A, title X, §1081(c), Aug. 13, 2018, 132 Stat. 1985, provided that the amendment made by section 1081(c)(2) to section 913 of Pub. L. 115–91, set out above, is effective as of Dec. 12, 2017, and as if included in Pub. L. 115–91 as enacted.]
Review of Time-Based Requirements Process and Budgeting and Acquisition Systems
Pub. L. 114–92, div. A, title VIII, §810, Nov. 25, 2015, 129 Stat. 890, which related to review of time-based requirements process and budgeting and acquisition systems, was repealed by Pub. L. 119–60, div. A, title VIII, §811(b)(8)(B), Dec. 18, 2025, 139 Stat. 948.
§3101. Definitions
In this chapter:
(1) The term "best value" means, with respect to an acquisition, the optimal combination of cost, quality, technical capability or solution quality, and delivery schedule.
(2) The term "capability requirement" means a capability that is critical or essential to address an operational problem.
(3) The term "cost-effective" means, with respect to an acquisition, delivering superior end-user results at equal or lower cost compared to alternatives.
(4) The term "operational problem" means—
(A) a challenge of a military department in achieving an assigned military objective based on current doctrine, emerging threats, or future concepts; and
(B) may include limitations in capabilities, capacity, resources, or the ability to effectively and efficiently coordinate across the joint force, with another combatant command, or among military capabilities.
(5) The term "service chief" means—
(A) the Chief of Staff of the Army, with respect to matters concerning the Army;
(B) the Chief of Naval Operations, with respect to matters concerning the Navy;
(C) the Commandant of the Marine Corps, with respect to matters concerning the Marine Corps;
(D) the Chief of Staff of the Air Force, with respect to matters concerning the Air Force; and
(E) the Chief of Space Operations, with respect to matters concerning the Space Force.
(Added Pub. L. 111–383, div. A, title VIII, §861(a), Jan. 7, 2011, 124 Stat. 4288, §2545; amended Pub. L. 113–291, div. A, title X, §1071(a)(11), Dec. 19, 2014, 128 Stat. 3505; renumbered §3101 and amended Pub. L. 116–283, div. A, title XVIII, §1808(a)(2), (b)(1), Jan. 1, 2021, 134 Stat. 4159, 4160; Pub. L. 119–60, div. A, title XVIII, §1801(e)(1), Dec. 18, 2025, 139 Stat. 1224.)
Editorial Notes
Codification
Section 2545 of this title, which was transferred to this section by Pub. L. 116–283, §1808(a)(2), was also transferred or copied in large part to section 3001 of this title by Pub. L. 116–283, §1806(a)(2)–(4).
Amendments
2025—Pub. L. 119–60 amended text generally. Prior to amendment, text defined the term "acquisition".
2021—Pub. L. 116–283, §1808(b)(1), substituted "In this chapter, the term" for "In this chapter:", par. (1) designation, and "The term" and struck out pars. (2) to (4) which defined "defense acquisition system", "element of the defense acquisition system", and "acquisition workforce".
Pub. L. 116–283, §1808(a)(2), renumbered section 2545 of this title as this section.
2014—Par. (1). Pub. L. 113–291 substituted "section 131 of title 41" for "section 4(16) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(16))".
Statutory Notes and Related Subsidiaries
Effective Date of 2021 Amendment
Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.
§3102. Objectives of the defense acquisition system
(a) In General.—The Secretary of Defense shall ensure that the defense acquisition system expeditiously provides the armed forces with the capabilities necessary to operate effectively, to address evolving threats, and to sustain the military advantage of the United States in the most cost-effective manner practicable.
(b) Guidance.—The Secretary of Defense shall issue guidance to carry out subsection (a) and shall ensure that the defense acquisition system prioritizes the needs of end users and is validated by direct engagement, experimentation, and iteration. Such guidance shall require the following:
(1) All activities of the defense acquisition system contribute to the expeditious delivery of capabilities to enhance the operational readiness of the armed forces and enable the missions of the Department of Defense.
(2) A leadership culture and organizational structure that empowers individuals in the management of the defense acquisition system and encourages appropriate delegation authority, collaboration, and mission-focused risk-taking.
(3) Sufficient numbers of members of the acquisition workforce to support the defense acquisition system, and that such members are properly trained and assigned.
(4) Resource decisions for the defense acquisition system to prioritize best value and seek to balance life-cycle costs, schedule, performance, and quantity through continuous trade-off analysis informed by prototyping and direct feedback from end users.
(5) Adoption and integration in the defense acquisition system of advanced approaches in digital engineering, model-based engineering, and simulation environments to enable rapid, iterative designs and technology insertion to maximize mission outcomes.
(6) Active pursuit of innovative solutions to enhance effectiveness of the armed forces and responsiveness to emerging threats, including the acquisition and integration of commercial products and commercial services.
(7) Approaches to workforce training and development that equally balance emphasis on functional and technical skills with skills in cross-functional integration, critical thinking, and innovative approaches that best deliver solutions to operational problems.
(Added Pub. L. 114–92, div. A, title VIII, §802(a)(1), Nov. 25, 2015, 129 Stat. 878, §2546a; renumbered §3102 and amended Pub. L. 116–283, div. A, title XVIII, §1808(a)(2), (3)(A), Jan. 1, 2021, 134 Stat. 4159; Pub. L. 119–60, div. A, title XVIII, §1801(a)(1), Dec. 18, 2025, 139 Stat. 1221.)
Editorial Notes
Amendments
2025—Pub. L. 119–60 amended section generally. Prior to amendment, text related to the objective of the defense acquisition system, the customer of the defense acquisition system, and the role of the customer of a major defense acquisition program.
2021—Pub. L. 116–283 renumbered section 2546a of this title as this section and transferred it so as to appear after section 3101 of this title. Directory language transferring this section "within such section" was executed as if it had read "within such chapter", meaning chapter 205 of this title, to reflect the probable intent of Congress.
Statutory Notes and Related Subsidiaries
Effective Date of 2021 Amendment
Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.
Consideration of Trade-Offs Among Cost, Schedule, and Performance Objectives in Department of Defense Acquisition Programs
Pub. L. 111–23, title II, §201(a), May 22, 2009, 123 Stat. 1719, which related to consideration of trade-offs among cost, schedule, and performance objectives in Department of Defense acquisition programs, was repealed by Pub. L. 119–60, div. A, title XVIII, §1811(h)(4), Dec. 18, 2025, 139 Stat. 1244.
§3103. Civilian management of the defense acquisition system
(a) Responsibility of the Under Secretary of Defense for Acquisition and Sustainment.—Subject to the authority, direction and control of the Secretary of Defense, the Under Secretary of Defense for Acquisition and Sustainment shall be responsible for the management of the defense acquisition system and shall exercise such control of the system and perform such duties as are necessary in accordance with the objectives of the defense acquisition system established pursuant to section 3102 of this title, including the duties enumerated and assigned to the Under Secretary elsewhere in this title.
(b) Responsibility of the Service Acquisition Executives.—Subject to the direction of the Under Secretary of Defense for Acquisition and Sustainment on matters pertaining to acquisition, and subject to the authority, direction, and control of the Secretary of the military department concerned, a service acquisition executive of a military department shall be responsible for the management of elements of the defense acquisition system in that military department and shall exercise such control of the system and perform such duties as are necessary in accordance with the objectives of the defense acquisition system established pursuant to section 3102 of this title. In carrying out this subsection, each service acquisition executive shall—
(1) implement strategies to adapt rapidly to evolving end-user requirements, validated through end user engagement;
(2) use data analytics to manage trade-offs among life-cycle costs, delivery schedules, performance objectives, technical feasibility, and procurement quantity objectives to maximize best value for the end user;
(3) conduct iterative cycles to develop, test with end-users, and terminate capabilities that deviate from priorities or significantly exceed cost or schedule thresholds;
(4) notify the Joint Requirements Oversight Council within 30 days after changes to a defense acquisition program that result in a material difference in capability requirements, procurement quantities, or delivery schedules;
(5) assign personnel to critical acquisition positions (as defined in section 1731 of this title) to build expertise and accountability, equipping such personnel with strategies to empower teams, delegate authority, and embrace mission-focused risk-taking; and
(6) foster mutual transparency and cooperation between the Government and private sector entities and require collaboration with such entities to ensure delivery of safe, suitable, and effective systems on relevant timelines and on established cost baselines.
(Added Pub. L. 111–383, div. A, title VIII, §861(a), Jan. 7, 2011, 124 Stat. 4288, §2546; amended Pub. L. 116–92, div. A, title IX, §902(78), Dec. 20, 2019, 133 Stat. 1552; renumbered §3103, Pub. L. 116–283, div. A, title XVIII, §1808(a)(2), Jan. 1, 2021, 134 Stat. 4159; Pub. L. 119–60, div. A, title XVIII, §1801(b), Dec. 18, 2025, 139 Stat. 1222.)
Editorial Notes
Amendments
2025—Subsec. (a). Pub. L. 119–60, §1801(b)(1), substituted "in accordance with the objectives of the defense acquisition system established pursuant to section 3102 of this title" for "to ensure the successful and efficient operation of the defense acquisition system".
Subsec. (b). Pub. L. 119–60, §1801(b)(2), substituted "in accordance with the objectives of the defense acquisition system established pursuant to section 3102 of this title. In carrying out this subsection, each service acquisition executive shall—" and pars. (1) to (6) for "to ensure the successful and efficient operation of such elements of the defense acquisition system."
2021—Pub. L. 116–283 renumbered section 2546 of this title as this section.
2019—Subsec. (a). Pub. L. 116–92, §902(78)(A), (B), substituted "Under Secretary of Defense for Acquisition and Sustainment" for "Under Secretary of Defense for Acquisition, Technology, and Logistics" in heading and text.
Subsec. (b). Pub. L. 116–92, §902(78)(C), substituted "Under Secretary of Defense for Acquisition and Sustainment" for "Under Secretary of Defense for Acquisition, Technology, and Logistics".
Statutory Notes and Related Subsidiaries
Effective Date of 2021 Amendment
Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.
§3104. Acquisition-related functions of service chiefs
(a) Performance of Certain Acquisition-related Functions.—The Secretary of Defense shall ensure that the service chiefs assist the Secretary of the military department concerned, in accordance with the objectives established pursuant to section 3102 of this title, in the performance of the following acquisition-related functions of such department:
(1) The development of capability requirement statements for equipping the armed force concerned that—
(A) describes the operational problem to provide necessary context for the capability requirement;
(B) proposes nonprescriptive solutions to operational problems; and
(C) ensures system interoperability, where appropriate, between and among joint military capabilities (as defined in section 181 of this title).
(2) Implement strategies to support timely adjustments to capability requirement statements developed in paragraph (1).
(3) Advise on trade-offs among life-cycle costs, delivery schedules, performance objectives, technical feasibility, and procurement quantity objectives to maximize best value for the end user.
(4) In consultation with the Joint Requirements Oversight Council, prioritize—
(A) capability needs for investment; and
(B) resource allocation to meet operational readiness requirements (as defined in section 4324 of this title) and the materiel readiness objectives established under section 118(c) of this title.
(5) Make available appropriate personnel to provide end-user feedback for the development of new capabilities.
(6) Recommend modification, discontinuation, or termination of the development of capabilities—
(A) that no longer align with a capability requirement established by the Secretary of Defense; or
(B) that are experiencing significant cost growth, technical or performance deficiencies, or delays in schedule.
(7) Build acquisition career paths for officers and personnel (as required by section 1722a of this title) to ensure such officers and personnel have the necessary skills and opportunities for career progression to fulfill the objectives established pursuant to section 3102 of this title.
(b) Adherence to Requirements in Major Defense Acquisition Programs.—(1) The Secretary of the military department concerned shall ensure that any requirements document for a major defense acquisition program may not be approved until the service chief concerned determines in writing that the requirements in the document are necessary and realistic in relation to the program cost and fielding targets established under section 4271(a) of this title.
(2) Consistent with the performance of duties under subsection (a), the service chief concerned, or in the case of a joint program the service chiefs concerned, with respect to major defense acquisition programs, shall—
(A) concur with the need for a materiel solution as identified in the Materiel Development Decision Review;
(B) concur with the life-cycle cost, delivery schedule, performance objective, technical feasibility, and procurement quantity trade-offs that have been made with regard to the program before Milestone A approval is granted under section 4251 of this title;
(C) concur that appropriate trade-offs among cost, schedule, technical feasibility, and performance objectives have been made to ensure that the program is affordable when considering the per unit cost and the total life-cycle cost before Milestone B approval is granted under section 4252 of this title; and
(D) concur that the requirements in the program capability document are necessary and realistic in relation to program cost and fielding targets as required by paragraph (1) before Milestone C approval is granted.
(c) Rule of Construction.—Nothing in this section shall be construed to affect the assignment of functions under section 7014(c)(1)(A), section 8014(c)(1)(A), or section 9014(c)(1)(A) of this title, except as explicitly provided in this section.
(d) Requirements Document Defined.—In this section, the term "requirements document" means a document that establishes the need for a materiel approach to address an operational problem.
(Added Pub. L. 111–383, div. A, title VIII, §861(a), Jan. 7, 2011, 124 Stat. 4289, §2547; amended Pub. L. 112–239, div. A, title IX, §951(c), Jan. 2, 2013, 126 Stat. 1891; Pub. L. 114–92, div. A, title VIII, §802(b), Nov. 25, 2015, 129 Stat. 879; Pub. L. 114–328, div. A, title VIII, §807(c), Dec. 23, 2016, 130 Stat. 2261; Pub. L. 115–91, div. A, title VIII, §833, Dec. 12, 2017, 131 Stat. 1468; Pub. L. 115–232, div. A, title VIII, §809(a), Aug. 13, 2018, 132 Stat. 1840; Pub. L. 116–92, div. A, title XVII, §1731(a)(52), Dec. 20, 2019, 133 Stat. 1815; renumbered §3104 and amended Pub. L. 116–283, div. A, title IX, §924(b)(32), title XVIII, §1808(a)(2), (b)(2), Jan. 1, 2021, 134 Stat. 3825, 4159, 4160; Pub. L. 119–60, div. A, title XVIII, §1801(c), Dec. 18, 2025, 139 Stat. 1223.)
Editorial Notes
Codification
In addition to being transferred to this section as part of the renumbering of section 2547 of this title, subsec. (b) of section 2547 of this title had also been directed to be transferred to section 4274 of this title and redesignated as subsec. (a) of that section by Pub. L. 116–283, div. A, title XVIII, §1847(e)(4)(B), Jan. 1, 2021, 134 Stat. 4257. Section 1847(e)(4)(B) of Pub. L. 116–283 was repealed by Pub. L. 117–81, div. A, title XVII, §1701(r)(1)(B), Dec. 27, 2021, 135 Stat. 2149, effective as if included in title XVIII of Pub. L. 116–283.
Amendments
2025—Pub. L. 119–60, §1801(c)(1)(A), substituted "Acquisition-related functions of service chiefs" for "Acquisition-related functions of chiefs of the armed forces" in section catchline.
Subsec. (a). Pub. L. 119–60, §1801(c)(1)(B)(i), (ii), in introductory provisions, substituted "service chiefs assist" for "Chief of Staff of the Army, the Chief of Naval Operations, the Chief of Staff of the Air Force, the Commandant of the Marine Corps, and the Chief of Space Operations assist" and inserted ", in accordance with the objectives established pursuant to section 3102 of this title," after "Secretary of the military department concerned".
Subsec. (a)(1) to (7). Pub. L. 119–60, §1801(c)(1)(B)(iii), amended pars. (1) to (7) generally. Prior to amendment, pars. (1) to (7) read as follows:
"(1) The development of requirements for equipping the armed force concerned (subject, where appropriate, to validation by the Joint Requirements Oversight Council pursuant to section 181 of this title).
"(2) Decisions regarding the balancing of resources and priorities, and associated trade-offs among cost, schedule, technical feasibility, and performance on major defense acquisition programs.
"(3) The coordination of measures to control requirements creep in the defense acquisition system.
"(4) The recommendation of trade-offs among life-cycle cost, schedule, and performance objectives, and procurement quantity objectives, to ensure acquisition programs deliver best value in meeting the approved military requirements.
"(5) Termination of development or procurement programs for which life-cycle cost, schedule, and performance expectations are no longer consistent with approved military requirements and levels of priority, or which no longer have approved military requirements.
"(6) The development and management of career paths in acquisition for military personnel (as required by section 1722a of this title).
"(7) The assignment and training of contracting officer representatives when such representatives are required to be members of the armed forces because of the nature of the contract concerned."
Subsec. (b)(1). Pub. L. 119–60, §1801(c)(2)(A), substituted "any requirements document" for "the program capability document supporting a Milestone B or subsequent decision" and "service chief concerned" for "chief of the armed force concerned".
Subsec. (b)(2). Pub. L. 119–60, §1801(c)(2)(B)(i), in introductory provisions, substituted "service chief concerned" for "Chief of the armed force concerned" and "service chiefs concerned" for "chiefs of the armed forces concerned".
Subsec. (b)(2)(A). Pub. L. 119–60, §1801(c)(2)(B)(ii), struck out "prior to entry into the Materiel Solution Analysis Phase under Department of Defense Instruction 5000.02" before semicolon at end.
Subsec. (b)(2)(B). Pub. L. 119–60, §1801(c)(2)(B)(iii), substituted "life-cycle cost, delivery schedule, performance objective, technical feasibility, and procurement quantity trade-offs" for "cost, schedule, technical feasibility, and performance trade-offs".
Subsec. (d). Pub. L. 119–60, §1801(c)(3), amended subsec. (d) generally. Prior to amendment, subsec. (d) defined the terms "requirements creep", 'requirements document", and "program capability document".
2021—Pub. L. 116–283, §1808(a)(2), renumbered section 2547 of this title as this section.
Subsec. (a). Pub. L. 116–283, §924(b)(32), substituted "the Commandant of the Marine Corps, and the Chief of Space Operations" for "and the Commandant of the Marine Corps".
Subsec. (b)(1). Pub. L. 116–283, §1808(b)(2)(A), substituted "section 4271(a)" for "section 2448a(a)".
Subsec. (b)(2)(B). Pub. L. 116–283, §1808(b)(2)(B), substituted "section 4251" for "section 2366a".
Subsec. (b)(2)(C). Pub. L. 116–283, §1808(b)(2)(C), substituted "section 4252" for "section 2366b".
Subsec. (d)(3). Pub. L. 116–283, §1808(b)(2)(D), substituted "section 4401(b)(5)" for "section 2446a(b)(5)".
2019—Subsec. (b)(2)(A). Pub. L. 116–92 substituted "materiel" for "material" and "Materiel" for "Material" in two places.
2018—Subsec. (c). Pub. L. 115–232 substituted "section 7014(c)(1)(A), section 8014(c)(1)(A), or section 9014(c)(1)(A)" for "section 3014(c)(1)(A), section 5014(c)(1)(A), or section 8014(c)(1)(A)".
2017—Subsec. (b). Pub. L. 115–91 designated existing provisions as par. (1) and added par. (2).
2016—Subsecs. (b), (c). Pub. L. 114–328, §807(c)(1), (2), added subsec. (b) and redesignated former subsec. (b) as (c). Former subsec. (c) redesignated (d).
Subsec. (d). Pub. L. 114–328, §807(c)(1), redesignated subsec. (c) as (d).
Subsec. (d)(3). Pub. L. 114–328, §807(c)(3), added par. (3).
2015—Subsec. (a)(2) to (5). Pub. L. 114–92, §802(b)(1), (2), added par. (2) and redesignated former pars. (2) to (4) as (3) to (5), respectively. Former par. (5) redesignated (6).
Subsec. (a)(6). Pub. L. 114–92, §802(b)(1), (3), redesignated par. (5) as (6) and substituted "The development and management" for "The development". Former par. (6) redesignated (7).
Subsec. (a)(7). Pub. L. 114–92, §802(b)(1), redesignated par. (6) as (7).
2013—Subsec. (a)(1). Pub. L. 112–239, §951(c)(1), substituted "of requirements for equipping the armed force concerned" for "of requirements relating to the defense acquisition system".
Subsec. (a)(3) to (6). Pub. L. 112–239, §951(c)(2), (3), added pars. (3) and (4) and redesignated former pars. (3) and (4) as (5) and (6), respectively.
Statutory Notes and Related Subsidiaries
Effective Date of 2021 Amendment
Amendment by section 1808(a)(2), (b)(2) of Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.
Effective Date of 2018 Amendment
Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
Implementation
Pub. L. 119–60, div. A, title XVIII, §1801(d), Dec. 18, 2025, 139 Stat. 1224, provided that: "Not later than 180 days after the date of the enactment of this Act [Dec. 18, 2025], the Secretary of Defense shall revise Department of Defense Directive 5000.01 and any other relevant instructions, policies, or guidance to carry out the requirements of this section and the amendments made by this section [amending this section and sections 133b, 139, 139a, 3102, and 3103 of this title]."
§3105. Elements of the defense acquisition system: performance assessments
(a) Performance Assessments Required.—The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, the Director of Procurement and Acquisition Policy, and the Director of the Office of Performance Assessment and Root Cause Analysis, shall issue guidance, with detailed implementation instructions, for the Department of Defense to provide for periodic independent performance assessments of elements of the defense acquisition system for the purpose of—
(1) determining the extent to which such elements of the defense acquisition system deliver value to the Department of Defense, taking into consideration the performance elements identified in subsection (b);
(2) assisting senior officials of the Department of Defense in identifying and developing lessons learned from best practices and shortcomings in the performance of such elements of the defense acquisition system; and
(3) assisting senior officials of the Department of Defense in developing acquisition workforce excellence under section 1701a of this title.
(b) Areas Considered in Performance Assessments.—(1) Each performance assessment conducted pursuant to subsection (a) shall consider, at a minimum—
(A) the extent to which acquisitions conducted by the element of the defense acquisition system under review meet applicable cost, schedule, and performance objectives; and
(B) the staffing and quality of the acquisition workforce and the effectiveness of the management of the acquisition workforce, including workforce incentives and career paths.
(2) The Secretary of Defense shall ensure that the performance assessments required by this section are appropriately tailored to reflect the diverse nature of the work performed by each element of the defense acquisition system. In addition to the mandatory areas under paragraph (1), a performance assessment may consider, as appropriate, specific areas of acquisition concern, such as—
(A) the selection of contractors, including—
(i) the extent of competition and the use of exceptions to competition requirements;
(ii) compliance with Department of Defense policies regarding the participation of small business concerns and various categories of small business concerns, including the use of contract bundling and the availability of non-bundled contract vehicles;
(iii) the quality of market research;
(iv) the effective consideration of contractor past performance; and
(v) the number of bid protests, the extent to which such bid protests have been successful, and the reasons for such success;
(B) the negotiation of contracts, including—
(i) the appropriate application of sections 3701 through 3708 of this title (relating to truth in negotiations);
(ii) the appropriate use of contract types appropriate to specific procurements;
(iii) the appropriate use of performance requirements;
(iv) the appropriate acquisition of technical data and other rights and assets necessary to support long-term sustainment and follow-on procurement; and
(v) the timely definitization of any undefinitized contract actions; and
(C) the management of contractor performance, including—
(i) the assignment of appropriately qualified contracting officer representatives and other contract management personnel;
(ii) the extent of contract disputes, the reasons for such disputes, and the extent to which they have been successfully addressed;
(iii) the appropriate consideration of long-term sustainment and energy efficiency objectives; and
(iv) the appropriate use of integrated testing.
(c) Contents of Guidance.—The guidance issued pursuant to subsection (a) shall ensure that each element of the defense acquisition system is subject to a performance assessment under this section not less often than once every four years, and shall address, at a minimum—
(1) the designation of elements of the defense acquisition system that are subject to performance assessment at an organizational level that ensures such assessments can be performed in an efficient and integrated manner;
(2) the frequency with which such performance assessments should be conducted;
(3) goals, standards, tools, and metrics for use in conducting performance assessments;
(4) the composition of the teams designated to perform performance assessments;
(5) any phase-in requirements needed to ensure that qualified staff are available to perform performance assessments;
(6) procedures for tracking the implementation of recommendations made pursuant to performance assessments;
(7) procedures for developing and disseminating lessons learned from performance assessments; and
(8) procedures for ensuring that information from performance assessments are retained electronically and are provided in a timely manner to the Under Secretary of Defense for Acquisition and Sustainment and the Director of the Office of Performance Assessment and Root Cause Analysis as needed to assist them in performing their responsibilities under this section.
(Added Pub. L. 111–383, div. A, title VIII, §861(a), Jan. 7, 2011, 124 Stat. 4289, §2548; amended Pub. L. 112–239, div. A, title X, §1076(d)(5), (f)(30), Jan. 2, 2013, 126 Stat. 1951, 1953; Pub. L. 115–91, div. A, title X, §1081(a)(41), Dec. 12, 2017, 131 Stat. 1596; Pub. L. 116–92, div. A, title IX, §902(79), Dec. 20, 2019, 133 Stat. 1553; renumbered §3105 and amended Pub. L. 116–283, div. A, title XVIII, §1808(a)(2), (b)(3), (c)(1)(A), (2), Jan. 1, 2021, 134 Stat. 4159, 4160.)
Editorial Notes
Amendments
2021—Pub. L. 116–283, §1808(a)(2), (c)(2), renumbered section 2548 of this title as this section and substituted "Elements of the defense acquisition system: performance assessments" for "Performance assessments of the defense acquisition system" in section catchline.
Subsec. (b)(2)(B)(i). Pub. L. 116–283, §1808(b)(3), substituted "sections 3701 through 3708" for "section 2306a".
Subsecs. (d), (e). Pub. L. 116–283, §1808(c)(1)(A), transferred subsecs. (d) and (e) of this section to section 3106 of this title.
2019—Subsecs. (a), (c)(8). Pub. L. 116–92 substituted "Under Secretary of Defense for Acquisition and Sustainment" for "Under Secretary of Defense for Acquisition, Technology, and Logistics".
2017—Subsec. (e). Pub. L. 115–91 substituted "Requirement" for "Requirements" in heading, struck out introductory provisions "Beginning with fiscal year 2012—", substituted "The annual report prepared by the Secretary" for "(1) the annual report prepared by the Secretary", and struck out par. (2) which read as follows: "the annual report prepared by the Director of the Office of Performance Assessment and Root Cause Analysis pursuant to section 2438(f) of this title shall include information on the activities undertaken by the Department pursuant to such section, including a summary of significant findings or recommendations arising out of performance assessments."
2013—Subsec. (a). Pub. L. 112–239, §1076(f)(30)(A)(i), substituted "The Secretary" for "Not later than 180 days after the date of the enactment of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011, the Secretary" in introductory provisions.
Subsec. (a)(3). Pub. L. 112–239, §1076(f)(30)(A)(ii), inserted period at end.
Subsec. (d). Pub. L. 112–239, §1076(f)(30)(B), inserted "and" after "Government Performance" in heading and substituted "The" for "Beginning with fiscal year 2012, the" in text.
Subsec. (e)(1). Pub. L. 112–239, §1076(f)(30)(C), struck out ", United States Code," after "title 31".
Subsec. (e)(2). Pub. L. 112–239, §1076(d)(5), substituted "section 2438(f) of this title" for "section 103(f) of the Weapon Systems Acquisition Reform Act of 2009 (10 U.S.C. 2430 note),".
Statutory Notes and Related Subsidiaries
Effective Date of 2021 Amendment
Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.
Section, added and amended Pub. L. 116–283, div. A, title XVIII, §1808(c)(1), Jan. 1, 2021, 134 Stat. 4160, related to performance goals for elements of the defense acquisition system.