EVAMOSC Statutory Mandate

10 U.S. Code §4325
Assessment, Management, and Control of Operating and Support Costs

Section 4325 of U.S. Code Title 10 states that “The Director of Cost Assessment and Program Evaluation shall be responsible for developing and maintaining a database on operating and support estimates, supporting documentation, and actual operating and support costs for major weapon systems.” Further, this section states that “The Secretary of Defense shall ensure that the Director, in carrying out such responsibility:

(A) promptly receives the results of all cost estimates and cost analyses conducted by the military departments with regard to operating and support costs of major weapon systems;

(B) 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

(C) 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.”

Sustainment Reviews

10 U.S. Code §4323
Sustainment Reviews

Section 4323 requires the Secretary of Defense to conduct a sustainment review of each major weapon system not later than five years after declaration of initial operational capability of a Major Defense Acquisition Program and throughout the life cycle of the weapon system to assess the product support strategy, performance, and operation and support costs of the weapon system. The section focuses on requiring reporting of actual O&S costs. Specifically, sustainment reviews must include:

  • An independent cost estimate for the remainder of the life cycle of the program
  • A comparison of actual costs to the amount of funds budgeted and appropriated in the previous five years, and if funding shortfalls exist, an explanation of the implications on equipment availability
  • A comparison between the assumed and achieved system reliabilities
  • An evaluation of the cost of consumables and depot-level repairables
  • An evaluation of the costs of information technology, networks, computer hardware, and software maintenance and upgrades
  • As applicable, an assessment of the actual fuel efficiencies compared to the projected fuel efficiencies as demonstrated in tests or operations
  • As applicable, a comparison of actual manpower requirements to previous estimates
  • An analysis of whether accurate and complete data are being reported in the cost systems of the military department concerned, and if deficiencies exist, a plan to update the data and ensure accurate and complete data are submitted in the future

Other Relevant Statutes

10 U.S. Code §4325
Assessment, Management, and Control of Operating and Supporting Costs Sections B: section 4325 states that, The Director of Cost Assessment and Program Evaluation shall

  • (4) establish policies and procedures for collection, organization, maintainance, and availability of standardized data on operating and support costs for major weapon systems in accordance with section 2222 of this title.
  • (5) establish standard requirements for collection and reporting 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.

10 U.S. Code §4251
Major Defense Acquisition Programs: Determination Required Before Milestone A Approval

Section 4251 states that an MDAP may not receive Milestone A approval until the Milestone Decision Authority (MDA) determines in writing that the program meets several criteria, including planning for sustainment.

10 U.S. Code §4252
Major Defense Acquisition Programs: Determination Required Before Milestone B Approval

Section 4252 states that an MDAP may not receive Milestone B approval until the MDA determines in writing that the program meets several specific criteria, including planning for life-cycle sustainment planning.

10 U.S. Code §4253
Major Defense Acquisition Programs: Determination Required Before Milestone C Approval

Section 4253 requires that the MDA provide the congressional defense committees a brief summary report not later than 15 days after granting Milestone C approval for an MDAP, including total life-cycle costs.

10 U.S. Code §4328
Sustainment Factors in Weapon System Design

Section 4328 states that DoD shall ensure that the Defense Acquisition System gives ample emphasis to sustainment factors, particularly those factors that are affected principally by the design of a weapon system, in the development of a weapon system.