Acquisition Process

2366a Written Determination

10 U.S. Code § 2366a – MDAP: Certification Required before Milestone A Approval

A 2366a Written Determination is issued by a Milestone Decision Authority (MDA) for a Major Defense Acquisition Program (MDAP) stating that it has met all regulatory requirements according to 10 U.S.C. 2366a.  An MDAP may not receive Milestone A approval until the MDA certifies that: [1]

  1. That the program fulfills an approved Initial Capabilities Document (ICD);
  2. That the program is being executed by an entity with a relevant function as identified by the Secretary of Defense under section 118b of 10 U.S.C. 2366ab;
  3. If the program duplicates a capability already provided by an existing system, the duplication provided by such program is necessary and appropriate;
  4. That a determination of the applicability of core logistics capabilities requirements has been made;
  5. That an Analysis of Alternatives (AoA) has been performed consistent with study guidance developed by the Director of Cost Assessment and Program Evaluation (DCAPE); and
  6. That a cost estimate for the program has been submitted, with the concurrence of the DCAPE, and that the level of resources required to develop, procure, and sustain the program is consistent with the priority level assigned by the Joint Requirements Oversight Council (JROC).

Congress Notification [1]

  • Projected cost of the program or subprogram, at any time prior to Milestone B approval, exceeds the cost estimate for the program submitted at the time of the certification by at least 25 percent, or
  • Program Manager (PM) determines that the period of time required for the delivery of an initial operational capability is likely to exceed the schedule objective by more than 25 percent, the program manager for the program concerned shall notify the Milestone Decision Authority.
  • Report due to Congress not later than 30 days after a program manager submits a notification to the MDA that a program meets or exceeds the above two criteria.

The MDA may withdraw the certification concerned or rescind Milestone A approval if they determine that such action is in the interest of national defense. [1]

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Updated: 9/11/2021