§3775. Definitions — Inbound Citations
10 U.S.C. § 3775
Cited by 40 provisions in release 119-102.
Citations to 10 U.S.C. § 3775 as a whole
Citations to §3775(a)
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(4) The Under Secretary may enter into a contract with a private-sector entity for specialized expertise to support the cadre. Such entity may be considered a covered Government support contractor, as defined in section 3775(a) of this title.
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(2) notwithstanding any limitation upon the license rights conveyed under section 3771 of this title, allowing a covered Government support contractor access to and use of any technical data delivered under a contract for the sole purpose of furnishing independent and impartial advice or technical assistance directly to the Government in support of the Government’s management and oversight of the program or effort to which such technical data relates; or
Citations to §3775(b)
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(C) is necessary for operation, maintenance, installation, or training (other than detailed manufacturing or process data, including such data pertaining to a major system component); or
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(A) Notwithstanding paragraphs (2) and (5), the United States shall have government purpose rights in technical data pertaining to a modular system interface developed exclusively at private expense or in part with Federal funds and in part at private expense and used in a modular open system approach pursuant to section 4401 of this title, except in any case in which the Secretary of Defense determines that negotiation of different rights in such technical data would be in the best interest of the United States.
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(B) Such modular system interface shall be identified in the contract solicitation and the contract.
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(C) For technical data pertaining to a modular system interface developed exclusively at private expense for which the United States asserts government purpose rights, the Secretary of Defense shall negotiate with the contractor the appropriate and reasonable compensation for such technical data.
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(A) intellectual property strategies and other mechanisms supporting the use of modular open system approaches (as defined in section 4401(b) of this title);
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(iv) modular system interfaces (as defined in section 4401(b) of this title); and
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(C) technology maturation, prototyping, and a modular open system approach to evolve system capabilities and improve interoperability.
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(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).
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(G) for each major defense acquisition program that receives Milestone B approval after January 1, 2019, a brief summary description of the key elements of the modular open system approach as defined in section 4401 of this title or, if a modular open system approach was not used, the rationale for not using such an approach; and
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(a) 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.
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(b) Not later than one year after the date of the enactment of this subsection, the Secretary of Defense shall make publicly available any standards for implementation of the modular open system approaches for contracts, unless the service acquisition executive with respect to a specific contract submits to the Secretary a request to not disclose such standards and the Secretary approves such request.
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(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
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(A) employs a modular design that uses modular system interfaces between major systems, major system components and modular systems;
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(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;
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(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
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(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.
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(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.
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(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
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(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.
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(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.
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(b) 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.
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(c) 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.
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(1) clearly describe the modular open system approach to be used for the program;
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(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;
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(3) clearly describe the evolution of major system components that are anticipated to be added, removed, or replaced in subsequent increments;
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(4) identify additional major system components that may be added later in the life cycle of the major system platform;
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(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
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(d) 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.
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(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 the1 requirements of section 4401(a) of this title; 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
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(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;
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(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.
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(2) ensure major system interfaces are adequately designated and defined to achieve a modular open system approach and are delivered with supporting documentation necessary to enable the integration of components or modules provided by a third party into the modular system;
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(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;
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(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;
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(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
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In this subchapter, the term “weapon system component” has the meaning given the term “major system component” in section 4401 of this title.