- § 4401. Requirement for modular open system approach in major defense acquisition programs; definitions
- § 4402. Requirement to address modular open system approach in program capabilities development and acquisition weapon system design
- § 4403. Requirements relating to availability of major system interfaces and support for modular open system approach
§ 4401. Requirement for modular open system approach in major defense acquisition programs; definitions
(a)Modular Open System Approach Requirement.—A major defense acquisition program that receives Milestone A or Milestone B approval after January 1, 2019, shall be designed and developed, to the maximum extent practicable, with a modular open system approach to enable incremental development and enhance competition, innovation, and interoperability. Other defense acquisition programs shall also be designed and developed, to the maximum extent practicable, with a modular open system approach to enable incremental development and enhance competition, innovation, and interoperability.
(b)Definitions.—In this chapter:
(1) The term “modular open system approach” means, with respect to a major defense acquisition program, an integrated business and technical strategy that—
(A) employs a modular design that uses modular system interfaces between major systems, major system components and modular systems;
(B) is subjected to verification to ensure that relevant modular system interfaces—
(i) comply with, if available and suitable, widely supported and consensus-based standards; or
(ii) are delivered pursuant to the requirements established in subsection (a)(2)(B) of section 804 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021, including the delivery of—(I) software-defined interface syntax and properties, specifically governing how values are validly passed and received between major subsystems and components, in machine-readable format;(II) a machine-readable definition of the relationship between the delivered interface and existing common standards or interfaces available in Department interface repositories; and(III) documentation with functional descriptions of software-defined interfaces, conveying semantic meaning of interface elements, such as the function of a given interface field;
(C) uses a system architecture that allows severable major system components and modular systems at the appropriate level to be incrementally added, removed, or replaced throughout the life cycle of a major system platform to afford opportunities for enhanced competition and innovation while yielding—
(i) significant cost savings or avoidance;
(ii) schedule reduction;
(iii) opportunities for technical upgrades;
(iv) increased interoperability, including system of systems interoperability and mission integration; or
(v) other benefits during the sustainment phase of a major weapon system; and
(D) complies with the technical data rights set forth in sections 3771 through 3775 of this title.
(2) The term “major system platform” means the highest level structure of a major weapon system that is not physically mounted or installed onto a higher level structure and on which a major system component can be physically mounted or installed.
(3) The term “major system component”—
(A) means a high level subsystem or assembly, including hardware, software, or an integrated assembly of both, that can be mounted or installed on a major system platform through modular system interfaces; and
(B) includes a subsystem or assembly that is likely to have additional capability requirements, is likely to change because of evolving technology or threat, is needed for interoperability, facilitates incremental deployment of capabilities, or is expected to be replaced by another major system component.
(4) The term “modular system interface” means a shared boundary between major systems, major system components, or modular systems, defined by various physical, logical, and functional characteristics, such as electrical, mechanical, fluidic, optical, radio frequency, data, networking, or software elements.
(5) The term “modular system” refers to a weapon system or weapon system component that—
(A) is able to execute without requiring coincident execution of other specific weapon systems or components;
(B) can communicate across component boundaries and through interfaces; and
(C) functions as a module that can be separated, recombined, and connected with other weapon systems or weapon system components in order to achieve various effects, missions, or capabilities.
(6) The term “program capability document” means, with respect to a major defense acquisition program, a document that specifies capability requirements for the program, such as a capability development document or a capability production document.
(7) The terms “program cost targets” and “fielding target” have the meanings provided in section 4271(a) of this title.
(8) The term “major defense acquisition program” has the meaning provided in section 4201 of this title.
(9) The term “major weapon system” has the meaning provided in section 3455(f) of this title.
(Added Pub. L. 114–328, div. A, title VIII, § 805(a)(1), Dec. 23, 2016, 130 Stat. 2252, § 2446a; renumbered § 4401 and amended Pub. L. 116–283, div. A, title VIII, § 804(b)(1), title XVIII, § 1851(b)(1), (2), Jan. 1, 2021, 134 Stat. 3737, 4272.)
§ 4402. Requirement to address modular open system approach in program capabilities development and acquisition weapon system design
(a)Program Capability Document.—A program capability document for a major defense acquisition program shall identify and characterize—
(1) the extent to which requirements for system performance are likely to evolve during the life cycle of the system because of evolving technology, threat, or interoperability needs; and
(2) for requirements that are expected to evolve, the minimum acceptable capability that is necessary for initial operating capability of the major defense acquisition program.
(b)Analysis of Alternatives.—The Director of Cost Assessment and Performance Evaluation, in formulating study guidance for analyses of alternatives for major defense acquisition programs and performing such analyses under section 139a(d)(4) of this title, shall ensure that any such analysis for a major defense acquisition program includes consideration of evolutionary acquisition, prototyping, and a modular open system approach.
(c)Acquisition Strategy.—In the case of a major defense acquisition program that uses a modular open system approach, the acquisition strategy required under section 4211 of this title shall—
(1) clearly describe the modular open system approach to be used for the program;
(2) differentiate between the major system platform and major system components being developed under the program, as well as major system components developed outside the program that will be integrated into the major defense acquisition program;
(3) clearly describe the evolution of major system components that are anticipated to be added, removed, or replaced in subsequent increments;
(4) identify additional major system components that may be added later in the life cycle of the major system platform;
(5) clearly describe how intellectual property and related issues, such as technical data deliverables, that are necessary to support a modular open system approach, will be addressed; and
(6) clearly describe the approach to systems integration and systems-level configuration management to ensure mission and information assurance.
(d)Request for Proposals.—The milestone decision authority for a major defense acquisition program that uses a modular open system approach shall ensure that a request for proposals for the development or production phases of the program shall describe the modular open system approach and the minimum set of major system components that must be included in the design of the major defense acquisition program.
(e)Milestone B.—A major defense acquisition program may not receive Milestone B approval under section 4252 of this title until the milestone decision authority determines in writing—
(1) in the case of a program that uses a modular open system approach, that—
(A) the program incorporates clearly defined major system interfaces between the major system platform and major system components, between major system components, and between major system platforms;
(B) such major system interfaces are consistent with the widely supported and consensus-based standards that exist at the time of the milestone decision, unless such standards are unavailable or unsuitable for particular major system interfaces; and
(C) the Government has arranged to obtain appropriate and necessary intellectual property rights with respect to such major system interfaces upon completion of the development of the major system platform; or
(2) in the case of a program that does not use a modular open system approach, that the use of a modular open system approach is not practicable.
(f)Implementation Guidance.—The Secretaries of the military departments shall issue guidance to implement the requirements of this section.
(Added Pub. L. 114–328, div. A, title VIII, § 805(a)(1), Dec. 23, 2016, 130 Stat. 2253, § 2446b; amended Pub. L. 115–91, div. A, title X, § 1081(a)(40), Dec. 12, 2017, 131 Stat. 1596; Pub. L. 116–92, div. A, title VIII, § 840(a), Dec. 20, 2019, 133 Stat. 1499; renumbered § 4402 and amended Pub. L. 116–283, div. A, title XVIII, § 1851(b)(1), (3), Jan. 1, 2021, 134 Stat. 4272.)
§ 4403. Requirements relating to availability of major system interfaces and support for modular open system approach
The Secretary of each military department shall—
(1) coordinate with the other military departments, the defense agencies, defense and other private sector entities, national standards-setting organizations, and, when appropriate, with elements of the intelligence community with respect to the specification, identification, development, and maintenance of major system interfaces and standards for use in major system platforms, where practicable;
(2) ensure that major system interfaces incorporate commercial standards and other widely supported consensus-based standards that are validated, published, and maintained by recognized standards organizations to the maximum extent practicable;
(3) ensure that sufficient systems engineering and development expertise and resources are available to support the use of a modular open system approach in requirements development and acquisition program planning;
(4) ensure that necessary planning, programming, and budgeting resources are provided to specify, identify, develop, and sustain the modular open system approach, associated major system interfaces, systems integration, and any additional program activities necessary to sustain innovation and interoperability;
(5) ensure that adequate training in the use of a modular open system approach is provided to members of the requirements and acquisition workforce; and
(6) issue guidance to implement the requirements of this section.
(Added Pub. L. 114–328, div. A, title VIII, § 805(a)(1), Dec. 23, 2016, 130 Stat. 2255, § 2446c; amended Pub. L. 116–92, div. A, title VIII, § 840(b), Dec. 20, 2019, 133 Stat. 1499; renumbered § 4403, Pub. L. 116–283, div. A, title XVIII, § 1851(b)(1), Jan. 1, 2021, 134 Stat. 4272.)