10 U.S. Code § 2337a. Assessment, management, and control of operating and support costs for major weapon systems
(b)Elements.—The guidance required by subsection (a) shall, at a minimum—
establish standard requirements for the collection and reporting of data on operating and support costs for major weapon systems by contractors performing weapon system sustainment functions in an appropriate format, and develop contract clauses to ensure that contractors comply with such requirements;
(6) require the military departments—
to collect and retain data from operational and developmental testing and evaluation on the reliability and maintainability of major weapon systems; and
require the military departments to ensure that sustainment factors are fully considered at key life-cycle management decision points and that appropriate measures are taken to reduce operating and support costs by influencing system design early in development, developing sound sustainment strategies, and addressing key drivers of costs;
require the military departments to conduct an independent logistics assessment of each major weapon system prior to key acquisition decision points (including milestone decisions) to identify features that are likely to drive future operating and support costs, changes to system design that could reduce such costs, and effective strategies for managing such costs;
reliability metrics for major weapon systems; and
(B) requirements on the use of metrics under subparagraph (A) as triggers—
to develop strategies for improving reliability, availability, and maintainability of such systems at an affordable cost; and
require the military departments to conduct periodic reviews of operating and support costs of major weapon systems after such systems achieve initial operational capability to identify and address factors resulting in growth in operating and support costs and adapt support strategies to reduce such costs.
(c) Retention of Data on Operating and Support Costs.—
(2)Support.—The Secretary of Defense shall ensure that the Director, in carrying out such responsibility—
has timely access to any records and data of the military departments (including classified and proprietary information) that the Director considers necessary to carry out such responsibility; and
with the concurrence of the Under Secretary of Defense for Acquisition and Sustainment, may direct the military departments to collect and retain information necessary to support the database.
(d)Major Weapon System Defined.—
Provisions similar to this section were contained in section 832 of Pub. L. 112–81, which was set out as a note under section 2430 of this title, prior to repeal by Pub. L. 115–91, div. A, title VIII, § 836(b)(1), Dec. 12, 2017, 131 Stat. 1473.
“(a)Requirement for Regulations.—
Not later than 180 days after the date of the enactment of this Act [Dec. 12, 2017], the Secretary of Defense shall amend the Defense Supplement to the Federal Acquisition Regulation to provide for the appropriate use of the should-cost review process of a major weapon system in a manner that is transparent, objective, and provides for the efficiency of the systems acquisition process in the Department of the Defense.
“(b)Required Elements.—The regulations required under subsection (a) shall incorporate, at a minimum, the following elements:
A description of the features of the should-cost review process.
A method for ensuring that identified should-cost savings opportunities are based on accurate, complete, and current information and can be quantified and tracked.
A method for ensuring appropriate collaboration with the contractor throughout the review process.
Establishment of review process requirements that provide for sufficient analysis and minimize any impact on program schedule.”