Year 2003 (U.S. Congress, 2002) and Section 811 of the Ronald Reagan National Defense Authorization Act for Fiscal Year 2005 (U.S. Congress, 2004). A thorough knowledge of both is essential in understanding the legal limitations on a rapid acquisition program.
The first piece of legislation, Section 806 of the Bob Stump NDAA required that the Secretary of Defense establish a process for rapid acquisition and deployment of items that: 1) are currently available or under development, and 2) are urgently needed to react to an enemy threat or to respond to significant and urgent safety situations. The law further requires establishment of procedures to streamline communication of warfighter needs, procedures for demonstrating, rapidly acquiring, and deploying capabilities that meet these needs, and procedures for adequately testing these items and incorporating test results into decision-making. The law limits the scope of this authority by limiting the quantity of items procured using these procedures to the number established for low-rate
initial production (LRIP) for the system somewhat vague in its meaning, however; and the MDA holds significant latitude Secretary of Defense, 2003b, p. 13).
(U.S. Congress, 2002).
This definition is
LRIP quantity can differ by system type determining the LRIP quantity (Under
Section 811 of the Ronald Reagan NDAA provides additional authority with respect to rapid acquisition by directing the Secretary of Defense to appoint a senior official within the DoD to oversee the acquisition of equipment to eliminate a combat capability deficiency that has resulted in combat fatalities. This official is authorized to waive any provision of law, policy, directive, or regulation concerning the establishment
of need; the requirement for research, source selection and contract award
development, for procuring
testing, and evaluation; and the
responsibility is to facilitate rapid acquisition and deployment with a goal of 15 days for awarding the acquisition contract.
of the needed equipment, Again, this law seeks to
limit this aggregate
authority—this limit for an item
time by establishing a during a fiscal year (U.S.
maximum of $100 Congress, 2004).