Sec. 852. Special pathways for rapid acquisition of software applications and upgrades
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Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall establish guidance authorizing the use of special pathways for the rapid acquisition of software applications and upgrades that are intended to be fielded within one year. The guidance required by subsection
(a)shall provide for the use of proven technologies and solutions to continuously engineer and deliver capabilities in software. The objectives of using the acquisition authority under this section shall be to begin the engineering of new capabilities quickly, to demonstrate viability and effectiveness of those capabilities in operation, and to continue updating and delivering new capabilities iteratively afterwards. An acquisition using the authority under this section shall not be treated as an acquisition program for the purpose of section 2430 of title 10, United States Code, or Department of Defense Directive 5000.01 without the specific direction of the Under Secretary of Defense for Acquisition and Sustainment or a Senior Acquisition Executive. The guidance shall provide for the following two rapid acquisition pathways: The applications software acquisition pathway shall provide for the use of rapid development and implementation of applications and other software and software improvements running on commercial commodity hardware (including modified hardware) operated by the Department of Defense. The embedded systems software acquisition pathway shall provide for the rapid development and insertion of upgrades and improvements for software embedded in weapon systems and other military-unique hardware systems. The guidance required by subsection
(a)shall provide for a streamlined and coordinated requirements, budget, and acquisition process that results in the rapid fielding of software applications and software upgrades to embedded systems in a period of not more than one year from the time that the process is initiated. It shall also require the collection of data on the version fielded and continuous engagement with the users of that software, so as to enable engineering and delivery of additional versions in periods of not more than one year each. Software acquisitions conducted under the authority of this provision shall not be subject to the Joint Capabilities Integration and Development System (JCIDS) Manual and Department of Defense Directive 5000.01, except to the extent specifically provided in the guidance required under subsection
(a)or by the Under Secretary of Defense for Acquisition and Sustainment or a Senior Acquisition Executive. The guidance required by subsection
(a)shall provide the following with respect to requirements: Requirements for covered acquisitions are developed on an iterative basis through engagement with the user community, and the use of user feedback in order to regularly define and set priorities for software requirements and evaluate the software capabilities acquired. The requirements process begins with the identification of the warfighter or user need, including the rationale for how these software capabilities will support increased lethality and efficiency, and the identification of a relevant user community. Initial contract requirements are stated in the form of a summary-level list of problems and shortcomings in existing software systems and desired features or capabilities of new or upgraded software systems. Contract requirements are continuously refined and set in priority order in an evolutionary process through discussions with users that may continue throughout the development and implementation period. Issues related to lifecycle costs and systems interoperability are continuously considered. Issues of logistics support in cases where the software developer may stop supporting the software system are addressed. Rapid contracting procedures, to include timeframes for award, contract types, teaming, and options. Execution processes, including supporting development and test infrastructure, automation and tools, data collection and sharing, the role of developmental and operational testing activities, and key decisionmaking and oversight events, and supporting processes and activities such as independent costing activity, operational demonstration, and performance metrics. Administrative procedures, including procedures related to the roles and responsibilities of the implementing project or product teams and supporting activities, team selection and staffing process, oversight roles and responsibilities, and appropriate independent technology assessments, testing, and cost estimation, including relevant thresholds or designation criteria. Mechanisms and waivers designed to ensure flexibility in the implementation of the authority, including the use of other transaction authority, broad agency announcements, and other procedures.