123STA T . 1 7 22 PUBLIC LA W 111 – 23 —M A Y 22 , 2 0 0 9(2)AD D IT I ONAL A C TION S.—Theactionsr e qu ire dby sub - sections (c) and (d) sha l lbeta k en w ithin 180 days a f ter the date of the enact m ent of this Act. SEC.203 . PROT OT Y P ING RE QU IRE M ENTS F ORM AJ OR D EFENSE ACQUISITION PROGRAMS. (a) C O MPE TITI V E PR OTOT Y PIN G .— N ot later than 9 0 days after the date of the enactment of this Act , the S ecretary of D efense shall modify the g uidance of the De p artment of Defense relating to the operation of the acquisition system with respect to competi- ti v e prototyping for ma j or defense acquisition programs to ensure the following
(1) That the acquisition strategy for each major defense acquisition program provides for competitive prototypes before M ilestone B approval (or K ey Decision Point B approval in the case of a space program) unless the Milestone Decision Authority for such program waives the requirement pursuant to paragraph (2). (2) That the Milestone Decision Authority may waive the requirement in paragraph (1) only— (A) on the basis that the cost of producing competitive prototypes e x ceeds the expected life-cycle benefits (in con- stant dollars) of producing such prototypes, including the benefits of improved performance and increased techno- logical and design maturity that may be achieved through competitive prototyping
or (B) on the basis that, but for such waiver, the Depart- ment would be unable to meet critical national security objectives. ( 3 ) That whenever a Milestone Decision Authority author- i z es a waiver pursuant to paragraph (2), the Milestone Decision Authority— (A) shall require that the program produce a prototype before Milestone B approval (or Key Decision Point B approval in the case of a space program) if the expected life-cycle benefits (in constant dollars) of producing such prototype exceed its cost and its production is consistent with achieving critical national security objectives; and (B) shall notify the congressional defense committees in writing not later than 30 days after the waiver is author- ized and include in such notification the rationale for the waiver and the plan, if any, for producing a prototype. ( 4 ) That prototypes may be required under paragraph (1) or (3) for the system to be acquired or, if prototyping of the system is not feasible, for critical subsystems of the system. (b) COMPTROLLER G ENERAL R EVIE W O F CERTAIN W AIVERS.— (1) NOTICE TO COMPTROLLER GENERAL.—Whenever a Mile- stone Decision Authority authorizes a waiver of the requirement for prototypes pursuant to paragraph (2) of subsection (a) on the basis of excessive cost, the Milestone Decision Authority shall submit the notification of the waiver, together with the rationale, to the Comptroller General of the U nited States at the same time it is submitted to the congressional defense committees. (2) COMPTROLLER GENERAL REVIEW.—Not later than 6 0 days after receipt of a notification of a waiver under paragraph (1), the Comptroller General shall— Notif i ca tio n.W ai ver a u t h orit y . D ea dl ine s . 10USC243 0 note. Deadline.
