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GAO-13-826R 1 (2013-09-06)

handle is hein.gao/gaobaahfy0001 and id is 1 raw text is: 



GAO U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.
Washington, DC 20548


September 6, 2013



Congressional Committees

Department of Defense's Waiver of Competitive Prototyping Requirement for the VXX
Presidential Helicopter Replacement Program

The Weapon Systems Acquisition Reform Act of 2009, as amended (WSARA), requires the
Secretary of Defense to modify guidance to ensure that the acquisition strategy for each major
defense acquisition program provides for competitive prototypes before Milestone B approval-
which authorizes entry into system development-unless the Milestone Decision Authority
waives the requirement.1 Competitive prototyping, which involves commercial, government, or
academic sources producing early prototypes of weapon systems or critical subsystems, can
help Department of Defense (DOD) programs reduce technical risk, refine requirements,
validate designs and cost estimates, and evaluate manufacturing processes prior to making
major commitments of resources. It can also help reduce the time it takes to field a system, and
as a result, reduce its acquisition cost. WSARA states that the Milestone Decision Authority may
waive the competitive prototyping requirement only on the basis that (1) the cost of producing
competitive prototypes exceeds the expected life-cycle benefits (in constant dollars) of
producing such prototypes, including the benefits of improved performance and increased
technological and design maturity that may be achieved through competitive prototyping; or (2)
but for such a waiver, DOD would be unable to meet critical national security objectives.

WSARA also provides that whenever a Milestone Decision Authority authorizes a waiver of the
competitive prototyping requirement on the basis of what WSARA describes as excessive
cost, the Milestone Decision Authority is required to submit notification of the waiver, together
with the rationale, to the Comptroller General of the United States at the same time it is
submitted to the congressional defense committees. WSARA further provides that no later than
60 days after receipt of a notification of a waiver, we are mandated to review the rationale for
the waiver and submit a written assessment of that rationale to the congressional defense
committees.2

On July 10, 2013, we received notice from DOD that it had waived the competitive prototyping
requirement for the VXX Presidential Helicopter Replacement Program. The Navy's VXX


1Pub. L. No. 111-23, § 203(a), as amended by the Ike Skelton National Defense Authorization Act for Fiscal Year
2011, Pub. L. No. 111-383, § 813. DOD modified its guidance related to the operation of its acquisition system
through Directive-Type Memorandum (DTM) 09-027, Implementation of Weapon System Acquisition Reform Act of
2009 (Dec. 4, 2009, incorporating Change 3, Dec. 9, 2011). Major defense acquisition programs are those estimated
by DOD to require an eventual total expenditure for research, development, test, and evaluation of more than $365
million, or for procurement, including all planned increments or spirals, of more than $2.19 billion in fiscal year 2000
constant dollars. The Milestone Decision Authority for major defense acquisition programs is the Under Secretary of
Defense for Acquisition, Technology, and Logistics; the head of a DOD component; or if delegated the component
acquisition executive.
2pub. L. No. 111-23 § 203(b)(1) & (2).


GAO-1 3-826R VXX Prototyping Waiver

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