§ 4324. Life-cycle management and product support

• (a) The Secretary of Defense shall ensure that each covered system is supported by a performance-based life-cycle sustainment plan—
  • (1) that is approved by the service acquisition executive responsible for such covered system; and
  • (2) that meets applicable operational readiness requirements and materiel readiness objectives (established under section 118(c) of this title ) in the most cost-effective manner practicable.
• (b)
  • (1) A product support manager shall develop, update, and implement a life-cycle sustainment plan for each covered system for which the product support manager is responsible. Such plan shall include the following:
    • (A) A comprehensive product support strategy that addresses each Integrated Product Support Element in a manner—
      • (i) to best achieve operational readiness requirements and materiel readiness objectives throughout the planned life cycle of such system; and
      • (ii) that allows evaluation and selection of product support integrators and product support providers appropriate to execute the product support strategy.
    • (B) A life-cycle cost estimate for the covered system that—
      • (i) is based on the product support strategy described in subparagraph (A); and
      • (ii) if the covered system is a major defense acquisition program or major subprogram, is developed in accordance with the requirements to support a Milestone A approval, Milestone B approval, or Milestone C approval.
    • (C) Recommended engineering and design considerations that support cost-effective sustainment of the covered system and best value solutions in life cycle planning and management.
    • (D) An intellectual property management plan for product support developed in accordance with section 3774 of this title , including requirements for technical data, software, and modular open system approaches (as defined in section 4401 of this title ).
    • (E) A strategy to maximize use of public and private sector capabilities including public-private partnerships, when appropriate.
    • (F) After consideration of the views received by the milestone decision authority from appropriate materiel, logistics, or fleet representatives, a plan to transition the covered system from production to initial fielding that addresses specific products or services required for successful initial fielding of the covered system, including—
      • (i) a description of the necessary tooling or other unique support equipment, requirements for initial spare parts and components, technical handbooks and maintenance manuals, maintenance training, and facilities;
      • (ii) an identification of the funding required to provide such products and services for any initial fielding location of the covered system; and
      • (iii) an assessment of the required number of training simulators, including the initial operational capability and overall fielding of such simulators.
  • (2) In developing each life-cycle sustainment plan required by this section, the product support manager shall—
    • (A) consider affordability constraints and key cost factors that could affect operating and support costs during the life cycle of the covered system;
    • (B) consider sustainment risks or challenges to sustaining the covered system in operational environments, including contested logistics environments (as defined in section 2926 of this title );
    • (C) seek to comply with—
      • (i) requirements to maintain a core logistics capability under section 2464 of this title ; and
      • (ii) limitations on the performance of depot-level maintenance of materiel under section 2466 of this title ;
    • (D) seek to integrate commercial best practices, use commercial standards, and use advanced technologies to enhance the product support of each covered system; and
    • (E) seek to maintain a robust, resilient, and innovative defense industrial base to support requirements throughout the life cycle of the covered system.
• (d) In this chapter:
  • (1) The terms “milestone decision authority” and “Milestone A approval” have the meanings given, respectively, in section 4251 of this title .
  • (2) The term “Milestone B approval” and “Milestone C approval” has the meaning given in section 4172 of this title .
  • (3) The term “covered system” means—
    • (A) a major defense acquisition program as defined in section 4201 of this title ;
    • (B) a major subprogram as described in section 4203 of this title ; or
    • (C) an acquisition program or project that is carried out using the rapid fielding or rapid prototyping acquisition pathway under section 3602 of this title that is estimated by the Secretary of Defense to require an eventual total expenditure described in section 4201(a)(2) of this title .
  • (4) The term “critical readiness items of supply” means—
    • (A) parts and systems designated as Mission Impaired Capability Awaiting Parts, Not Mission Capable Supply, or Casualty Report Category 3 or 4 status (as defined by the Secretary of Defense or a Secretary of a military department); or
    • (B) parts or systems designated by the Secretary of Defense as negatively impacting the materiel readiness objectives of a covered system.
  • (5) The term “Integrated Product Support Elements” means, with respect to a covered system—
    • (A) product support management;
    • (B) design interface;
    • (C) sustaining engineering;
    • (D) maintenance planning and management;
    • (E) supply support;
    • (F) support equipment;
    • (G) technical data;
    • (H) training and training support;
    • (I) information technology systems continuous support;
    • (J) facilities and infrastructure;
    • (K) packaging, handling, storage, and transportation; and
    • (L) manpower and personnel.
  • (6) The term “product support” means the package of support functions required to field and sustain the readiness and operational capability of covered systems (including subsystems and components of such covered systems).
  • (7) The term “product support arrangement”—
    • (A) means a contract, task order, or another contractual arrangement, or any type of agreement or non-contractual arrangement entered into by the Federal Government, for the performance of sustainment or logistics support required for covered systems (including subsystems and components of such covered systems); and
    • (B) includes arrangements for any of the following:
      • (i) Performance-based logistics.
      • (ii) Sustainment support.
      • (iii) Contractor logistics support.
      • (iv) Life-cycle product support.
  • (8) The term “product support integrator” means an entity responsible for integrating private and public sources of product support within the scope of a product support arrangement.
  • (9) The term “product support provider” means an entity that provides product support functions.