D D D 5135.02 U S D A S (USD (A&S) ) : O Irective Nder Ecretary of Efense For Cquisition and Ustainment
D D D 5135.02 U S D A S (USD (A&S) ) : O Irective Nder Ecretary of Efense For Cquisition and Ustainment
D D D 5135.02 U S D A S (USD (A&S) ) : O Irective Nder Ecretary of Efense For Cquisition and Ustainment
02
UNDER SECRETARY OF DEFENSE FOR ACQUISITION AND
SUSTAINMENT (USD(A&S))
Originating Component: Office of the Chief Management Officer of the Department of Defense
Releasability: Cleared for public release. Available on the Directives Division Website
at https://www.esd.whs.mil/DD/.
Purpose: Under the authority vested in the Secretary of Defense by Sections 113 of Title 10, United
States Code (U.S.C.), this issuance:
• Establishes the position, responsibilities and functions, relationships, and authorities of the
USD(A&S).
• Authorizes the USD(A&S), as a Principal Staff Assistant (PSA) reporting directly to the Secretary of
Defense, to promulgate DoD policy within the responsibilities, functions, and authorities assigned in this
issuance.
DoDD 5135.02, July 15, 2020
TABLE OF CONTENTS
SECTION 1: GENERAL ISSUANCE INFORMATION .............................................................................. 3
1.1. Applicability. .................................................................................................................... 3
1.2. Qualifications Regarding Cancellation. ............................................................................ 3
SECTION 2: RESPONSIBILITIES AND FUNCTIONS .............................................................................. 4
SECTION 3: RELATIONSHIPS .......................................................................................................... 12
3.1. USD(A&S). ..................................................................................................................... 12
3.2. USD(R&E). ..................................................................................................................... 12
3.3. USD(C)/CFO. ................................................................................................................. 13
3.4. USD(P). ........................................................................................................................... 13
3.5. USD(I&S). ...................................................................................................................... 14
3.6. DoD CIO. ........................................................................................................................ 15
3.7. DCAPE. .......................................................................................................................... 16
3.8. USD(P&R). ..................................................................................................................... 16
3.9. Director, Operational Test and Evaluation. .................................................................... 16
3.10. OSD PSAs and DoD Component heads. ...................................................................... 17
3.11. DoD Component heads. ................................................................................................ 17
3.12. Office of the DNI and IC Elements. ............................................................................. 17
SECTION 4: AUTHORITIES .............................................................................................................. 18
GLOSSARY ..................................................................................................................................... 25
G.1. Acronyms. ...................................................................................................................... 25
G.2. Definitions. ..................................................................................................................... 26
REFERENCES .................................................................................................................................. 29
TABLE OF CONTENTS 2
DoDD 5135.02, July 15, 2020
1.1. APPLICABILITY.
a. This issuance applies to OSD, the Military Departments, the Office of the Chairman of the
Joint Chiefs of Staff (CJCS) and the Joint Staff, the Combatant Commands, the Office of the
Inspector General of the Department of Defense, the Defense Agencies, the DoD Field
Activities, and all other organizational entities within the DoD (referred to collectively in this
issuance as the “DoD Components”).
b. Nothing in this issuance should be construed as preventing the Inspector General of the
Department of Defense from fulfilling his or her duties pursuant to Title 5, U.S.C., Appendix,
also known and referred to as “the Inspector General Act of 1978, as amended.”
a. DoDD 5134.01, “Under Secretary of Defense for Acquisition, Technology, and Logistics
(USD(AT&L)),” December 9, 2005, as amended.
a. Serves as the DoD chief acquisition and sustainment officer with the mission of delivering
and sustaining timely, cost-effective, and uncompromised capabilities for the armed forces and
the DoD.
b. Serves as the Senior Procurement Executive, in accordance with Section 133b of Title 10,
U.S.C., with responsibilities as prescribed in Executive Order (E.O.) 12931 and Chapter 7 of
Title 41, U.S.C.
c. Serves as the Defense Acquisition Executive (DAE), who is accountable for the pathways
through the Defense Acquisition System (DAS). The DAE takes precedence on all acquisition
matters after the Secretary and the Deputy Secretary of Defense and is responsible for the DoD
for purposes of DoD regulations and procedures providing for or requiring action by the DAE, in
accordance with Section 133b of Title 10, U.S.C., with overall responsibility for:
(2) Enforcing the policies and practices in DoDD 5000.01 and Office of Management
and Budget (OMB) Circular No. A-109.
d. Establishes policies on, and supervises all elements of, the DoD relating to:
e. Provides a DoD-wide policy framework and direction for acquisition and sustainment,
including:
(2) Developing new and innovative procurement policies to enable secure, efficient, and
effective acquisition.
(4) Acting as proponent for rapid acquisition policies for urgent operational needs.
f. Exercises policy authority over the adaptive acquisition framework and leads development
of the DoD 5000 series of acquisition policy, in consultation with other OSD PSAs, as
appropriate.
h. Approves the use of the Middle Tier of Acquisition pathway for programs that exceed the
Major Defense Acquisition Program (MDAP) threshold.
i. Chairs the Defense Acquisition Board and Governance Boards on programs for which the
USD(A&S) is the MDA or decision authority.
j. Plans, coordinates, and synchronizes cybersecurity throughout the DAS and the Defense
Industrial Base.
k. Directs the Secretaries of the Military Departments and the DoD and OSD Components
heads in the exercise of acquisition and sustainment functions. In collaboration with other
functional community managers and PSAs, as appropriate, exercises oversight and authority over
all personnel (civilian and military) in the OSD with regard to matters for which the USD(A&S)
has responsibility.
l. Ensures that DoD installations and infrastructure are resilient to a wide range of
challenges, including climate, natural events, disruptions to energy or water supplies, and direct
physical or cyber attacks.
m. Serves as co-MDA, along with the Deputy Director for National Intelligence (DNI) for
Enterprise Capacity (DDNI/EC), for wholly or majority National Intelligence Program-funded
major system acquisitions (MSAs) and Special Interest Acquisitions (SIA) being executed
according to Intelligence Community (IC) acquisition policy, as directed by Public Law (P.L.)
108-458.
o. Co-chairs the National Intelligence Acquisition Board on programs for which the
USD(A&S) is the co-MDA.
(1) Participates in mission engineering practices and tools for analysis of warfighting
concepts of operation, functions, systems and portfolios in an end-to-end mission context.
(2) Leads efforts from a capability and portfolio management perspective to identify
operational effectiveness of systems, and assesses procurement, supply chain, industrial base,
scalability, and fielding inputs that inform investments to ensure the secure sustainment of a
system throughout its lifecycle.
(3) Aligns sustainment concerns into upfront acquisition strategies to improve integrated
mission performance.
(4) Ensures that all acquisition and sustainment program offices employ disciplined
systems engineering processes across the life cycle to provide for successful system design and
development, production, test, product support/sustainment, and modernization.
q. In coordination with the Under Secretary of Defense for Personnel and Readiness
(USD(P&R)):
(1) Reviews and evaluates the requirements of MDAPs and proposed weapons systems
for personnel, training, and readiness implications, and the implications of weapons systems
maintainability for qualitative and quantitative personnel requirements and for readiness.
(3) Reviews any actions or activities that may affect the training capabilities of MDAPs
and major automated information systems.
(4) Ensures that acquisition managers are held responsible for properly integrating
embedded training capabilities into training materials and into training management network
environments.
r. Advises the Joint Requirements Oversight Council on requirements definition and any
matters within the authority of the USD(A&S), consistent with Section 181 of Title 10, U.S.C.
s. Reviews and approves, as appropriate, the Acquisition Strategy at all required decision
points for ACAT 1D programs, consistent with Section 2431a (d) of Title 10, U.S.C.
t. In consultation with the Under Secretary of Defense for Intelligence and Security
(USD(I&S)) and the Chief Information Officer of the Department of Defense (DoD CIO), leads
acquisition and sustainment data management and provides capabilities to enable the DoD’s
reporting and data analysis resulting in timely access to accurate, authoritative, and reliable data
supporting oversight, analysis, decision making, and improved outcomes.
u. Ensures completion of performance assessments and root cause analysis when required
due to MDAP critical cost breach, as follows:
(1) For specific programs, in accordance with the requirements of Section 2433a of Title
10, U.S.C.
(2) Regarding the DAS, in accordance with Section 2548 of Title 10, U.S.C., or
v. Ensures that acquisition portfolios and programs comply with federal regulations,
international treaties, inter-agency and interoperability agreements, and DoD security policies.
w. Serves as one of three co-Chairs, along with the USD(R&E) and the Vice Chairman of
the Joint Chiefs of Staff, of the Position, Navigation, and Timing Oversight Council and ensures
compliance with all related policies within those acquisitions subject to the USD(A&S)’s
oversight consistent with Sections 2279b(b) and (c) of Title 10, U.S.C.
x. Incorporates DoD CIO guidance for Positioning, Navigation, and Timing (PNT) and
Navigation Warfare into acquisition and sustainment programs that produce or use PNT
information. When acting as MDA, determines and confirms Navigation Warfare compliance at
each acquisition milestone for all platforms and systems producing or using PNT information.
y. Provides oversight and establishes policy on the acquisition and use of government
aircraft, including operational support airlift aircraft.
z. Represents the DoD on the Program Management Policy Council, consistent with Section
1126 of Title 31, U.S.C., and acts as the DoD Program Management Improvement Officer.
aa. Represents the DoD on the Chief Acquisition Officers Council. Serves as the primary
official representing the interests of the DoD in relation to procurement and acquisition matters
to external stakeholders within the Executive Branch, in accordance with Section 1311 of Title
41, U.S.C.
ab. Serves as the Head of the Contracting Activity for all Components or Activities that do
not fall under the authority of a Military Department or that have been provided statutory
contracting authority.
ad. Establishes and maintains a Defense Acquisition University structure, consistent with
Section 1746 of Title 10, U.S.C.
ae. Establishes policies, guidance, and a structure for reporting of violations regarding
trafficking in persons in relation to the DoD acquisition and contracting activities, including
violations by contractors of the DoD, consistent with Section 7103 of Title 22, U.S.C.
af. Chairs the Warfighter Senior Integration Group, assigning for action and managing Joint
Urgent Operational Needs, Joint Emergent Operational Needs, Warfighter Senior Integration
Group-Identified Urgent Issues, Warfighter Senior Integration Group Interest Items, and Rapid
Acquisition Authority actions.
ag. Serves as the Defense Logistics Executive with overall responsibility for improving and
maintaining the Defense Logistics and Global Supply Chain Management System.
ah. Establishes policies and procedures for materiel readiness, including maintenance
support of weapons systems and military equipment. Provides centralized maintenance policy
and management oversight for all weapons systems and military equipment maintenance
programs, and related resources within the DoD.
(1) Improve the visibility, accountability, and control of all critical assets.
aj. Establishes policies and procedures, including the promulgation of regulations, and
exercises all statutory and regulatory authorities and responsibilities relating to base closures and
realignments vested in the Secretary of Defense or delegated to the Secretary by another federal
agency, but excluding:
(1) The authorities and responsibilities of the Secretary relating to the process for
selecting installations for closure or realignment, pursuant to Title XXIX of P.L. 101-510.
(2) The authorities and responsibilities of the Secretary relating to indemnification for
claims, pursuant to Section 330 of P.L. 102-484.
ak. Provides policy and oversight to preserve and enhance the operating capabilities of
facilities, offshore areas, and other locations used by DoD to train and operate. Oversees
programs authorized by Section 2684a of Title 10, U.S.C., and other programs to ensure mission
compatibility. Serves as the DoD focal point to engage federal agencies, States, and other
organizations, in order to preserve and enhance DoD’s ability to execute future missions,
specifically assigning a liaison to the Department of the Interior, in accordance with the June 25,
2018 Memorandum of Understanding between the DoD and the Department of the Interior.
al. Supervises the management and performance of the Strategic and Critical Materials
Program, pursuant to E.O. 12626.
am. Provides oversight and coordination of DoD efforts to prevent or mitigate corrosion
during the design, acquisition or construction, and maintenance of military equipment, facilities,
and infrastructure.
an. Oversees the modernization of nuclear forces and the development of capabilities to
counter weapons of mass destruction.
ao. Chairs the Nuclear Weapons Council and co-chairs the Council on Oversight of the
National Leadership Command, Control, and Communications System, in accordance with
Sections 171a and 179 of Title 10, U.S.C.
ap. Advises the Secretary and Deputy Secretary of Defense on nuclear energy, nuclear
weapons, and chemical and biological defense, in accordance with Section 138(b)(4) of Title 10,
U.S.C.
aq. Provides policy, exercises oversight, and leads coordination of DoD efforts in U.S.
nuclear weapon safety, security, and incident response.
ar. Provides implementation guidance and executes, through the Assistant Secretary of
Defense (ASD) for Nuclear, Chemical, and Biological Defense Programs (NCB) and the
Director, Defense Threat Reduction Agency (DTRA), the programs and activities of the DoD
Cooperative Threat Reduction (CTR) Program authorized in relevant sections of Chapter 48 of
Title 50, U.S.C., consistent with policies established by the Under Secretary of Defense for
Policy (USD(P)), through the Assistant Secretary of Defense for Homeland Defense and Global
Security. Ensures the ASD(NCB) collaborates closely with the Assistant Secretary of Defense
for Homeland Defense and Global Security to facilitate effective oversight of the CTR Program,
in accordance with DoDDs 2060.02, 5105.62, 5111.13, and 5134.08.
as. Establishes policies and procedures that ensure all DoD activities are fully compliant
with arms control agreements to which the United States is a party, and that national security
information is not compromised in the pursuit of such efforts.
at. Establishes policies to maximize U.S. competitive advantage and ensure robust, secure,
and resilient national industrial base capabilities. Establishes policies regarding access to and
maintenance of viable supply of materials critical to national security.
au. In coordination and consultation with the USD(I&S), and other OSD PSAs and DoD
officials, as appropriate, represents the DoD in all matters pertaining to the Committee on
Foreign Investment in the United States.
av. Represents the DoD in efforts to support and encourage small business and other socio-
economic participation by establishing policy and goals, and monitoring performance.
aw. Serves as the National Armaments Director (NAD) at the North Atlantic Treaty
Organization Conference of NADs and in other similar NAD-level multilateral and bilateral
forums.
ax. Develops, in coordination with the USD(P) and the General Counsel of the Department
of Defense (GC DoD), agreements with friendly and allied nations and international
organizations relating to acquisition matters.
ay. Ensures that activities related to acquisition for homeland defense and special operations
and low-intensity conflict, and intelligence and intelligence-related acquisition programs,
systems, and activities, effectively support the Combatant Commanders and warfighters, in
coordination with the USD(P) and the USD(I&S), as appropriate.
az. Acts as the Enterprise Capability Portfolio Manager for Nuclear Command, Control, and
Communications.
(1) The Defense Acquisition Workforce Improvement Act, pursuant to P.L. 101-510.
(3) The Acquisition Demonstration Project Program Office, pursuant to P.L. 110-181.
bb. Establishes policies and procedures for the effective management (including accession,
education, training, and career development) of persons serving in acquisition positions in the
DoD.
bc. Designates a senior official to manage the Defense Acquisition Workforce Development
Fund, consistent with Section 1705 of Title 10, U.S.C.
bd. Annually provides a report to the Secretary of Defense listing those acquisition positions
limited to Service members and a recommendation regarding the continuation of the restriction,
consistent with Section 1722 of Title 10, U.S.C.
be. Participates in, or designates a representative for, those councils, boards, working
groups, or other similar forums for which the USD(A&S) is directed to participate as a member.
Such direction may take the form of statutory, regulatory, or Secretarial discretionary instruction.
bf. Coordinates with the USD(I&S) to ensure security requirements (e.g., personnel,
information, operations, physical and industrial) are incorporated into acquisition and
sustainment activities.
bg. Serves as the Principal Disclosure Authority for classified military information
originated by USD(A&S). Exercises foreign disclosure authority over classified military
information originated by USD(A&S)-funded programs and activities in accordance with DoDD
5230.11. Represents USD(A&S) on the National Military Information Disclosure Policy
Committee.
(1) Applies foreign disclosure policies and procedures as required by DoDD 5230.11 to
facilitate sharing of classified military information originated by USD(A&S)-funded programs
and activities in support of international cooperation, foreign military sales, or direct commercial
sales programs or other international engagement activities.
(2) These authorities will be exercised consistent with DoD policy for the disclosure of
classified information to foreign entities in DoDD 5230.11, and DoD policy for international
transfers in DoD Instruction (DoDI) 2040.02.
bh. In consultation with the USD(P), establishes and manages international cooperative
programs under USD(A&S) purview, and promotes the establishment of mutually beneficial
international cooperative programs consistent with national security considerations.
bi. Provides advice and consultation to the Defense Technology Security Administration on
acquisition and sustainment matters to support DoD technology security programs.
bj. Serves as a member of the Missile Defense Executive Board, and serves as co-chairman
of the Board with respect to decisions regarding acquisition and the approval of acquisition and
production milestones, including with respect to the use of other transaction authority contracts
and transactions in excess of $500,000,000 (including all options in accordance with Section
1681(c) of P.L. 115-232).
bk. Ensures Special Access Program (SAP) oversight by establishing an Office of the
USD(A&S) (OUSD(A&S)) SAP Central Office and designating an OUSD(A&S) SAP Central
Office Director to be responsible for executing the responsibilities outlined in DoDD 5205.07.
Exercises cognizance and oversight of designated DoD SAPs and personnel granted access to
these programs.
bl. In coordination with the USD(P) and USD(I&S), manages and oversees DoD Alternative
Compensatory Control Measures, consistent with Volume 3 of DoD Manual 5200.01.
bm. Ensures that assigned policies and programs are designed and managed to improve
standards of performance, ethics, economy, and efficiency and that all of the Defense Agencies
and DoD Field Activities under the authority, direction, and control of the USD(A&S) are
attentive and responsive to the requirements of their organizational customers, both internal and
external to DoD.
bn. Periodically assesses the DoD Executive Agent assignments under his or her cognizance
for continued need, currency, and effectiveness and efficiency in satisfying end-user
requirements, in accordance with DoDD 5101.1.
bo. Uses existing systems, facilities, and services of DoD and other federal departments and
agencies, when possible, to avoid duplication and achieve maximum efficiency and economy.
bp. Chairs the Low Observable/Counter Low Observable (LO/CLO) Executive Committee,
pursuant to DoDI 5230.28.
bq. Performs such other duties as the Secretary of Defense may prescribe.
SECTION 3: RELATIONSHIPS
3.1. USD(A&S).
(1) The Deputy Under Secretary of Defense for Acquisition and Sustainment.
(7) The Director, Defense Contract Management Agency, through the ASD(A).
(10) Such other positions and organizations as may be established by the USD(A&S),
consistent with applicable law, within resources provided by the Secretary of Defense.
c. Exercises directive authority over the SAEs and Component Acquisition Executives for
programs where the USD(A&S) is the MDA or decision authority; exercises advisory authority
over the SAEs for programs where the SAE is the MDA or decision authority.
d. Coordinates and exchanges information with the other OSD officials, DoD Component
heads, and federal, State, or local officials having collateral or related responsibilities and
functions.
3.2. USD(R&E).
a. Ensure that developmental technologies are successfully and securely transferred for
acquisition, in accordance with the efforts, strategies, and requirements of the USD(R&E), in
support of the interests of the Secretary of Defense, the needs of the Combatant Commanders,
and the mission of the DoD.
SECTION 3: RELATIONSHIPS 12
DoDD 5135.02, July 15, 2020
c. Ensure the seamless functioning of acquisition program governance where both officials
have equities, such as the USD(R&E)’s responsibility for the completion of Independent
Technical Risk Assessments, among others.
e. Support efforts in those areas in which equities are shared, or closely adjacent, such as
international agreements for technology advancement and industrial base policy, fostering of
innovation, and management.
f. Ensure that efforts to identify and rectify capability gaps are communicated and
coordinated, especially when addressing matters affecting multiple DoD Components.
g. Identify areas in which the equities of both the USD(R&E) and USD(A&S) are relevant in
governance and decision-making forums, and ensure that those equities are able to be
represented whenever necessary.
3.3. USD(C)/CFO.
a. Before approving the transfer or reprogramming of funds into or from a program within
the purview of the USD(A&S).
3.4. USD(P).
The USD(P):
(1) In regards to those programs for which the USD(P) has authority over policy,
outcomes, or interface with external stakeholders, but where:
(a) Execution is managed through those components under the authority, direction,
and control of the USD(A&S); or
SECTION 3: RELATIONSHIPS 13
DoDD 5135.02, July 15, 2020
(2) On matters concerning the capabilities relevant to the DoD Strategy for Countering
Weapons of Mass Destruction, especially with regard to capabilities, requirements, and other
matters within the purview of the USD(A&S).
b. Consults with the USD(A&S) and the USD(R&E) in establishing and managing USD(P)
cooperative research and development programs in order to:
(2) As appropriate, ensure that acquisition aspects of export control policies and
procedures necessary to protect the national security interests of the United States are
technologically sound.
3.5. USD(I&S).
The USD(I&S):
a. Coordinates with the USD(R&E), USD(A&S) and other elements of the DoD and the IC
regarding development of algorithm-based technology initiatives affecting intelligence mission
areas within the DIE.
b. Coordinates with the USD(A&S) on any policy issues related to contracting involving
access to classified information.
d. Coordinates with the USD(R&E), USD(A&S), and Director of Cost Assessment and
Program Evaluation (DCAPE), in assessments of SAP and compartmented intelligence
programs, consistent with Section 139a of Title 10, U.S.C.
e. Coordinates with the USD(A&S) to ensure that all intelligence-related programs, systems,
and activities related to, or impacting, acquisitions effectively support the Combatant
Commanders and the warfighters.
f. Applies all system and data reporting requirements set by the USD(A&S) to systems
operating in a secure environment.
SECTION 3: RELATIONSHIPS 14
DoDD 5135.02, July 15, 2020
a. Develop policies, in accordance with applicable DoD information technology (IT) policy
and law, regarding governance and risk management pertaining to:
(2) The development of the Enterprise SAP IT strategy, DoD Information Enterprise
policy, telecommunications infrastructure policy, SAP network IT requirements, and network
and systems funding oversight policies.
b. Assist the USD(A&S) concerning his or her responsibilities pursuant to Section 3554 of
Title 44, U.S.C.
c. Certify on a regular and ongoing basis that any capabilities being developed or procured
meet the DoD information systems and technology standards pursuant to Section 142 of Title 10,
U.S.C.
e. Ensure that DoD cybersecurity policies and standards are integrated into the DAS.
f. Develop, maintain, and manage the implementation of a sound, secure, and integrated
DoD IT architecture.
i. Support and inform the USD(A&S) on all IT and cyber infrastructure acquisition matters
and investment decisions, including IT-intensive software systems such as business systems.
j. Develop and maintain a process for maximizing the value of, and assessing and managing
the risks related to, DoD IT acquisitions.
l. Establish cybersecurity standards for the Defense Industrial Base, also in coordination
with the USD(R&E), and manage the DoD’s Defense Industrial Base Cybersecurity Program.
SECTION 3: RELATIONSHIPS 15
DoDD 5135.02, July 15, 2020
3.7. DCAPE.
The DCAPE:
a. Provides independent cost estimates and cost analyses for MDAPs at required milestones
or at the request of the USD(A&S), consistent with Section 2334 of Title 10, U.S.C.
c. Provides independent cost assessments in accordance with Section 2433a of Title 10,
U.S.C. for MDAPs that have experienced critical cost growth.
e. Advises the USD(A&S) on the acceptability of candidate programs for use of Middle Tier
of Acquisition procedures.
f. Coordinates with the USD(A&S), USD(R&E), and USD(I&S) in fulfilling the Director’s
role as the principal official responsible for assessments of SAP and compartmented intelligence
programs, consistent with Section 139a. of Title 10, U.S.C.
3.8. USD(P&R).
b. Actions or activities that may affect the training capabilities of MDAPs or major
automated information systems.
c. Policies holding acquisition managers responsible for ensuring that embedded training
capabilities are properly integrated into training and into training management network
environments.
The Director, Operational Test and Evaluation submits reports of operational and live fire tests
and evaluations carried out on MDAPs to the USD(A&S) and the USD(R&E), and other senior
officials as needed, in accordance with Sections 2366 and 2399 of Title 10, U.S.C.
SECTION 3: RELATIONSHIPS 16
DoDD 5135.02, July 15, 2020
The OSD PSAs and DoD Component heads coordinate with the USD(A&S) on matters under
their purview related to the responsibilities, functions, and authorities assigned to the USD(A&S)
in this issuance.
The USD(A&S) will conduct joint acquisition oversight with DDNI/EC, or the DNI-designated
MDA, and deliver joint direction and guidance to all wholly or majority National Intelligence
Program-funded acquisition programs. Joint review and assessment of program execution
against MDA-approved baselines for cost, schedule, and performance will be conducted, and the
co-MDAs may conduct a more detailed joint program review for that acquisition and take actions
as necessary to improve program performance when necessary.
SECTION 3: RELATIONSHIPS 17
DoDD 5135.02, July 15, 2020
SECTION 4: AUTHORITIES
Pursuant to the authority vested in the Secretary of Defense, and subject to his or her authority,
direction, and control, and in accordance with DoD policies and issuances, the USD(A&S) is
hereby delegated authority to exercise, within assigned responsibilities and functions, all
authority of the Secretary of Defense derived from statute, E.O., or interagency agreement,
except where specifically limited by statute or E.O. to the Secretary of Defense. The USD(A&S)
is specifically delegated authority to:
a. Establish DoD policy, through DoDIs, Directive-type Memorandums (DTMs), and rules
published in the Federal Register, within the authorities and responsibilities assigned in this
issuance and in accordance with DoDI 5025.01 or Administrative Instruction (AI) 102.
(2) DoDIs and DTMs must be fully coordinated in accordance with DoDI 5025.01.
Rules published in the Federal Register must be fully coordinated with impacted OSD and DoD
Component heads and be consistent with AI 102.
b. Approve other DoDIs, DoD Manuals, and DTMs, in areas of assigned responsibilities and
functions, that implement policy already established by a DoDD, DoDI, DTM, or policy
memorandum issued by the Secretary or Deputy Secretary of Defense.
(2) Such documents must be fully coordinated in accordance with DoDI 5025.01.
(3) This authority may only be further delegated to officials as specified in DoDI
5025.01.
d. Approve the Federal Register publication of documents other than rules and significant
guidance documents (e.g., notices, orders, and non-significant guidance documents as defined by
E.O. 13891 and determined by the OMB), in accordance with AI 102. Unless otherwise
SECTION 4: AUTHORITIES 18
DoDD 5135.02, July 15, 2020
restricted by law, this authority may be further delegated only in writing to officials at or above
the level of a general or flag officer, Senior Executive Service member, or equivalent.
e. Reissue, when necessary, in accordance with DoDI 5025.01, Chartering DoDDs for those
OSD officials who were appointed by the President with the advice and consent of the Senate
and who are under the authority, direction, and control of the USD(A&S). This authority may
not be redelegated. The Chief Management Officer of the Department of Defense continues to
develop and maintain these chartering DoDDs, in accordance with DoDI 5025.01.
f. Communicate directly with the DoD Component heads, as necessary, to carry out assigned
responsibilities and functions, including transmitting requests for advice and assistance.
Communications to Military Department officials must be transmitted through the Secretaries of
the Military Departments or as otherwise provided in law or directed by the Secretary of Defense
in other DoD issuances. Communications to the Combatant Commanders must be in accordance
with DoDD 5100.01.
g. Communicate with other government officials, tribal governments, members of the public,
and representatives of foreign governments, as appropriate, in carrying out assigned
responsibilities and functions. Communications with representatives and members of the
Legislative Branch must be conducted through the Office of the Assistant Secretary of Defense
for Legislative Affairs, except for communications with the Defense Appropriations Committees,
which must be coordinated with the Office of the USD(C)/CFO.
h. Communicate with departments and agencies of the Executive Branch, and Congress on
SAP matters under USD(A&S) cognizance or oversight. For all SAP matters, the USD(A&S)
must conduct communications with departments and agencies of the Executive Branch and
Congress in accordance with DoDD 5205.07.
i. Obtain reports and information, in accordance with DoDI 8910.01, as necessary, to carry
out assigned responsibilities and functions.
l. Decide the appropriate implementing actions to be taken for programs where the
USD(A&S) is the MDA and at the milestone decisions, or equivalents, within the cognizance of
the USD(A&S). The USD(A&S) decisions will be reflected in an Acquisition Decision
Memorandum issued by the USD(A&S) for implementation by the DoD Component heads.
SECTION 4: AUTHORITIES 19
DoDD 5135.02, July 15, 2020
Military Intelligence Program. The USD(A&S) may not redelegate the authority granted by this
paragraph to anyone other than the Deputy USD(A&S).
n. Approve the implementation plan, in accordance with Section 1706 of Title 10, U.S.C.,
after consultation with the USD(R&E) where appropriate, for leadership positions in MDAP
management.
o. On a case-by-case basis, and in accordance with Section 1737 of Title 10, U.S.C., approve
waivers of the acquisition workforce requirements for Defense Agencies and DoD Components
other than the Military Departments, with respect to the assignment of an individual to a critical
acquisition position.
p. Approves specific obligations of funds for MDAPs that have entered system development
and demonstration (i.e., engineering and manufacturing development) without an approved
program baseline description, consistent with Section 2435(b) of Title 10, U.S.C.
q. Establish, in accordance with Section 1725 of Title 10, U.S.C., one or more positions to
be known as “Senior Military Acquisition Advisor.”
s. Determine in writing that an undefinitized contract action may extend beyond 90 days due
to the best interests of the DoD, consistent with Section 2326 of Title 10, U.S.C.
v. Act for the Secretary of Defense in the exercise of extraordinary contractual action
authority, pursuant to P.L. 85-804, in accordance with E.O. 10789, and Part 50 of Federal
Acquisition Regulation.
w. Grant the authority to enter into other transaction agreements for prototype projects, in
accordance with Section 2371b of Title 10, U.S.C.
SECTION 4: AUTHORITIES 20
DoDD 5135.02, July 15, 2020
y. Act for the Secretary of Defense in making determinations and authorizing waivers, in
accordance with Sections 8301-8305 of Title 41, U.S.C., also known as the “Buy American Act.”
z. Act for the Secretary of Defense on delegations of authority to him or her by the U.S.
Trade Representative to waive the prohibition against procurement from certain countries,
pursuant to Sections 2511 et seq. of Title 19, U.S.C., also known as the “Trade Agreements Act
of 1979”; and E.O. 12260.
aa. Act for, and exercise the powers of, the Secretary of Defense on requests for waiver of
the navigation and vessel inspection laws of the United States, under P.L. 81-891 (64 Stat. 1120),
except on those matters that have been delegated by the Secretary of Defense to the Secretary of
the Army.
ab. Act for, and exercise the powers of, the Secretary of Defense with regard to charter air
transportation of members of the armed forces under Section 2460 of Title 10, U.S.C.
ac. Make recommendations to the Department of Energy in connection with facilities for
transmission of electric energy and natural gas across U.S. borders, pursuant to the authority
given the Secretary of Defense in E.O.s 10485 and 12038.
ad. Exercise all responsibilities and authorities of the Secretary of Defense, in accordance
with Section 2922e of Title 10, U.S.C., pertaining to the acquisition, exchange, and sale of
defined fuel sources and services, and in accordance with Section 2922a of Title 10, U.S.C.,
pertaining to long term energy contracts and providing for energy production facilities on real
property under the jurisdiction of the Secretary of Defense.
ae. Make the determination required by Section 1512(l) of Title 50, U.S.C., on
transportation, testing, or disposal of any lethal chemical or any biological warfare agent.
af. Make written determinations for conduct of all closed meetings of Federal Advisory
Committees under his or her cognizance as prescribed by Appendix II of Section 10(d) of Title 5,
U.S.C., also known as the “Federal Advisory Committee Act.”
ag. Act for the Secretary of Defense in the implementation of OMB Circular No. A-76,
except for those functions delegated to the USD(P&R) in DoDD 1100.4.
ah. With the exception of the determination of highly sensitive classified programs, which is
retained by the Secretary of Defense, exercise the responsibilities and authorities of the Secretary
of Defense to designate MDAPs, as defined in Section 2430 of Title 10, U.S.C.
ai. Act for the Secretary of Defense in making certifications, providing reports, and
approving waivers for MDAPs and major systems required by Title 10, U.S.C. This authority
includes, but is not limited to:
SECTION 4: AUTHORITIES 21
DoDD 5135.02, July 15, 2020
(1) Submitting Selected Acquisition Reports (SARs), in accordance with Section 2432 of
Title 10, U.S.C., including notifications of SAR waivers and research, development, test, and
evaluation-only SARs.
(2) Making and submitting certifications required by Sections 2433 and 2433a of Title
10, U.S.C.
aj. Exercise all authorities delegated to the Secretary of Defense by E.O. 12580, on
responses to releases of hazardous substances for DoD facilities and vessels, pursuant to Section
9601 et seq. of Title 42, U.S.C., also known as the “Comprehensive Environmental Response,
Compensation, and Liability Act.”
ak. Exercise all responsibilities and authority of the Secretary of Defense, pursuant to
Section 2701 of Title 10, U.S.C., relating to the Defense Environmental Restoration Program.
al. Exercise the authority of the Secretary of Defense, pursuant to Section 2354 of Title 10,
U.S.C., for the DoD Components other than the Military Departments.
am. Serve on and attend meetings of the Federal Acquisition Regulatory Council. The
Deputy USD(A&S) will serve in the absence of the USD(A&S).
an. Perform the functions and responsibilities with the authority to review and approve or
disapprove regulations relating to procurement pursuant to Section 1303 of Title 41 U.S.C. This
authority may not be redelegated to any person outside the Office of the USD(A&S).
ao. Exercise the authority of the Secretary of Defense, pursuant to Section 2350a of Title 10,
U.S.C., with respect to cooperative research and development program determinations, and
Section 2350b of Title 10, U.S.C., with respect to North Atlantic Treaty Organization
Cooperative Projects, as defined in Section 27 of Title 22, U.S.C., also known as “the Arms
Export Control Act.” The authority to make determinations as authorized in Section 2350a(b)(2)
of Title 10, U.S.C., and grant waivers as authorized in Section 2350b(c)(3) of Title 10, U.S.C.,
may not be redelegated.
ap. Exercise all powers and duties of the Secretary of Defense, pursuant to Section 2535 of
Title 10, U.S.C., to provide a comprehensive and continuous defense industrial reserve program.
aq. Act for the Secretary of Defense in the exercise of authority, pursuant to Section 98 et.
seq. of Title 50, U.S.C., also known as “the Strategic and Critical Materials Stock Piling Act,” in
accordance with E.O. 12626.
ar. Act for the Secretary of Defense, in accordance with the authority of Section 501 of Title
40, U.S.C., and Part 102-82.25 of Title 41, CFR, or under any other Delegation of Authority that
may hereafter the date of the U.S.C., and CFR citations be made by the Administrator of General
Services, to enter into contracts for public utility services for a period not to exceed 10 years.
as. Exercise all authorities delegated to the Secretary of Defense by E.O. 12777 relating to
responsibilities of federal trustees for natural resources pursuant to Section 311 of Section 1321
SECTION 4: AUTHORITIES 22
DoDD 5135.02, July 15, 2020
of Title 33, U.S.C., also known as the “Federal Water Pollution Control Act,” and Section 2701,
et. seq. of Title 33, U.S.C., also known as “the Oil Pollution Act of 1990.”
at. Act for the Secretary of Defense in the exercise of authority in accordance with P.L. 105-
270, also known as “the Federal Activities Inventory Reform Act of 1998.”
au. Exercise all responsibilities and authorities of the Secretary of Defense, pursuant to
Sections 2914 and 2925 of Title 10, U.S.C., for the conduct of the Energy Resilience and
Conservation Investment Program, the Energy Annual Report, and other energy management
matters.
av. Act for the Secretary of Defense to comply with Statute 3206 of P.L. 95-619.92 and
Sections 8251, 6361, and 8252 et. seq., Title 42 U.S.C., (also known as the “National Energy
Conservation Policy Act”), as amended by Statute 101 of P.L. 109-58, P.L. 110-140, and Section
301 of Title 3, U.S.C., and E.O. 13834. This directs that agencies will meet such statutory
requirements in a manner that increases efficiency, optimizes performance, eliminates
unnecessary use of resources, and protects the environment.
aw. Exercise all responsibilities and authorities of the Secretary of Defense concerning the
privatization of DoD utility systems, pursuant to Section 2688 of Title 10, U.S.C.
ax. Exercise all responsibilities of the Secretary of Defense, in accordance with Section 2222
of Title 10, U.S.C., concerning the review, approval, and oversight of the planning, design,
acquisition, deployment, operation, maintenance, and modernization of any defense business
systems the primary purpose of which is to support DoD acquisition, logistics, and/or
installations and environment activities.
ay. Advise the Secretary of Defense on DoD use of energy and exercise all responsibilities
and authorities of the Secretary of Defense concerning energy, in accordance with Sections
2911-2926 of Title 10, U.S.C., and, pursuant to Section 6241 of Title 42, U.S.C., regarding
drawdown of the Strategic Petroleum Reserve.
az. In consultation with the CJCS, exercise the authority of the Secretary of Defense, in
accordance with Section 2333 of Title 10, U.S.C., to develop joint policies for requirements
definition, contingency program management, and contingency contracting during combat
operations and post-conflict operations.
ba. Act for the Secretary of Defense in implementing Sections 841-843 of P.L. 113-291, also
known as “Never Contract with the Enemy.”
bb. In coordination with the USD(I&S), act for the Secretary of Defense in making
determinations of unacceptable risk to the U.S. national security and for making final findings on
geographic areas of concern in accordance with Section 183a of Title 10, U.S.C.
bc. Act for the Secretary of Defense in designating countries as eligible for cross-servicing
agreements, in accordance with Subchapter I, Chapter 138, Sections 2341-2350 of Title 10,
U.S.C., upon appropriately:
SECTION 4: AUTHORITIES 23
DoDD 5135.02, July 15, 2020
bd. Act for the Secretary of Defense to conclude acquisition and cross-Service agreements in
accordance with Subchapter I, Chapter 138, Sections 2341-2350 of Title 10, U.S.C., upon
appropriately:
be. Act for the Secretary of Defense in complying with, making determinations under, and
authorizing waivers from the policies and requirements of Section 318 of P.L. 107-107, also
known as the “National Defense Authorization Act for Fiscal Year 2002,” relating to the
procurement of light duty trucks.
bf. Certify, in accordance with Section 13212 of Title 42, U.S.C., that motor vehicles
acquired and used for military purposes must be exempt from federal fleet alternative fuel
vehicle acquisition requirements.
bg. In coordination with the USD(I&S), exercise all powers conferred upon the Secretary of
Defense in accordance with Sections 181, 182, and 184 of Title 35, U.S.C., with respect to the
secrecy of certain inventions and the withholding of patents.
bh. Oversee the implementation and execution of the programs and activities of the DoD
CTR Program authorized in the relevant sections of Chapter 48 of Title 50, U.S.C., also known
as the “Department of Defense Cooperative Threat Reduction (CTR) Act.” This authority may
be delegated further, in writing, only to other civilian DoD officials appointed by the President
with advice and consent of the Senate. DoD CTR Program programs and activities includes:
(3) Proponency for the related Planning, Programming, Budget, and Execution actions.
bi. Exercise the authority of the Secretary of Defense, pursuant to Section 2373 of Title 10,
U.S.C.
SECTION 4: AUTHORITIES 24
DoDD 5135.02, July 15, 2020
GLOSSARY
G.1. ACRONYMS.
ACRONYM MEANING
AI Administrative Instruction
ACAT Acquisition Category
ASD Assistant Secretary of Defense
ASD(A) Assistant Secretary of Defense for Acquisition
ASD(S) Assistant Secretary of Defense for Sustainment
ASD(NCB) Assistant Secretary of Defense for Nuclear, Chemical, and Biological
Defense Programs
IC Intelligence Community
IT information technology
GLOSSARY 25
DoDD 5135.02, July 15, 2020
ACRONYM MEANING
G.2. DEFINITIONS.
These terms and their definitions are for the purpose of this issuance.
TERM DEFINITION
GLOSSARY 26
DoDD 5135.02, July 15, 2020
TERM DEFINITION
Acquisition Strategy Describes the Program Manager's plan to achieve program execution
and programmatic goals across the entire program life cycle.
Summarizes the overall approach to acquiring the capability (to
include the program schedule, structure, risks, funding, and the
business strategy). Contains sufficient detail to allow senior
leadership and the MDA to assess whether the strategy makes good
business sense, effectively implements laws and policies, and reflects
management's priorities. Once approved by the MDA, the
Acquisition Strategy provides a basis for more detailed planning.
The strategy evolves over time and should continuously reflect the
current status and desired goals of the program.
DAE The individual responsible for supervising the DAS. The DAE takes
precedence on all acquisition matters after the Secretary and Deputy
Secretary of Defense.
industrial base That part of the total private- and government-owned industrial
production and depot-level equipment and maintenance capacity in
the United States and its territories and possessions and Canada. It is
or will be made available in an emergency for the manufacture of
items required by the U.S. military services and selected allies.
Joint Requirements A organization that assists the CJCS in identifying, assessing, and
Oversight Council validating joint military requirements to meet the National Defense
Strategy, and in identifying the core mission area associated with
each requirement, ensuring consideration of trade-offs among cost,
schedule, and performance objectives for joint military requirements,
in establishing and assigning priority levels for joint military
requirements.
GLOSSARY 27
DoDD 5135.02, July 15, 2020
TERM DEFINITION
GLOSSARY 28
DoDD 5135.02, July 15, 2020
REFERENCES
Administrative Instruction 102, “Office of the Secretary of Defense (OSD) Federal Register (FR)
System,” November 6, 2006, as amended
Code of Federal Regulations, Title 15
DoD Directive 1100.4, “Guidance for Manpower Management,” February 12, 2005
DoD Directive 2060.02, “DoD Countering Weapons of Mass Destruction (WMD) Policy,”
January 27, 2017
DoD Directive 5000.01, “The Defense Acquisition System,” May 12, 2003, as amended
DoD Directive 5100.01, “Functions of the Department of Defense and Its Major Components,”
December 21, 2010
DoD Directive 5101.1, “DoD Executive Agent,” September 3, 2002, as amended
DoD Directive 5105.62, “Defense Threat Reduction Agency (DTRA),” April 24, 2013, as
amended
DoD Directive 5111.13, “Assistant Secretary of Defense for Homeland Defense and Global
Security (ASD(HD&GS)),” March 23, 2018
DoD Directive 5134.08, “Assistant Secretary of Defense for Nuclear, Chemical, and Biological
Defense Programs (ASD(NCB)),” January 14, 2009, as amended
DoD Directive 5137.02, “Under Secretary of Defense for Research and Engineering
(USD(R&E)),” July 15, 2020
DoD Directive 5230.11, “Disclosure of Classified Military Information To Foreign Governments
and International Organizations,” June 16, 1992
DoD Directive 5205.07, “Special Access Program (SAP) Policy,” July 1, 2010, as amended
DoD Instruction 2040.02, “International Transfers of Technology, Articles, and Services,”
March 27, 2014, as amended.
DoD Instruction 4000.19, “Support Agreements,” April 25, 2013, as amended
DoD Instruction 5000.02, “Operation of the Adaptive Acquisition Framework,” January 23,
2020
DoD Instruction 5025.01, “DoD Issuances Program,” August 1, 2016, as amended
DoD Instruction 5230.28, “Policy for Low Observable (LO) and Counter Low Observable
(CLO) Programs,” December 28, 2016, as amended
DoD Instruction 8910.01, “Information Collection and Reporting,” May 19, 2014
DoD Manual 5200.01, Volume 3, “DoD Information Security Program: Protection of Classified
Information,” February 24, 2012, as amended
Department of Defense Strategy for Countering Weapons of Mass Destruction, June 2014
Executive Order 10485, “Providing for the performance of certain functions heretofore
performed by the President with respect to electric power and natural gas facilities located on
the borders of the United States,” September 3, 1953
Executive Order 10789, “Authorizing Agencies of the Government to Exercise Certain
Contracting Authority in Connection with National Defense Functions and Prescribing
Regulations Governing the Exercise of Such Authority,” November 14, 1958
REFERENCES 29
DoDD 5135.02, July 15, 2020
Executive Order 12038, “Relating to certain functions transferred to the Secretary of Energy by
the Department of Energy Organization Act,” February 3, 1978
Executive Order 12260, “Agreement on Government Procurement,” December 31, 1980
Executive Order 12580, “Superfund Implementation,” January 23, 1987
Executive Order 12626, “National Defense Stockpile Manager,” February 25, 1988
Executive Order 12742, “National Security Industrial Responsiveness,” January 8, 1991
Executive Order 12777, “Implementation of Section 311 of the Federal Water Pollution Control
Act of October 18, 1972, as Amended, and the Oil Pollution Act of 1990,” October 18, 1991
Executive Order 12931, “Federal Procurement Reform,” October 13, 1994
Executive Order 13834, “Efficient Federal Operations,” May 17, 2018
Executive Order 13891, “Promoting the Rule of Law through Improved Agency Guidance
Documents,” October 9, 2019
Federal Acquisition Regulation, Part 50
Memorandum of Understanding Between the Department of the Defense and the Department of
the Interior, June 25, 2018
Office of Management and Budget Circular No. A-76,” Performance of Commercial Activities,”
August 4, 1983, as amended
Office of Management and Budget Circular No. A-109, “Major System Acquisitions,” April 5,
1976
Public Law 85-804, “An Act to Authorize the Making, Amendment, and Modification of
Contracts to Facilitate the National Defense,” August 28, 1958
Public Law 95-619.92, Statute 3206, “National Energy Conservation Policy Act,” November 9,
1978
Public Law 101-510, Title XII, “The Defense Workforce Improvement Act of 1990,” November
5, 1990, as amended
Public Law 101-510, Title XXIX, “The Defense Base Closure and Realignment Act of 1990,”
November 5, 1990, as amended
Public Law 102-484, Section 330, “The National Defense Authorization Act for Fiscal Year
1993,” October 23, 1992
Public Law 105-270, “Federal Activities Inventory Reform Act of 1998,” October 19, 1998
Public Law 107-107, “The National Defense Authorization Act for Fiscal Year 2002,” December
18, 2001
Public Law 108-458, “The 2004 Intelligence Reform and Terrorism Prevention Act,” December
17, 2004
Public Law 110-181, “National Defense Authorization Act for Fiscal Year 2008,” January 28,
2008
Public Law 113-291, “Never Contract with the Enemy,” December 19, 2014
Public Law 116-92, “The National Defense Authorization Act for Fiscal Year 2020,” December
20, 2019
Deputy Secretary of Defense Memorandum, “Delegation of Authority for OSD Component
Heads to Enter into Support Agreements,” February 13, 2020
REFERENCES 30
DoDD 5135.02, July 15, 2020
REFERENCES 31