Defense Federal Acquisition Regulation Supplement; Major Systems Acquisition, 14574-14576 [05-5626]
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14574
Federal Register / Vol. 70, No. 55 / Wednesday, March 23, 2005 / Rules and Regulations
Director’’ and adding in its place
‘‘National Security Agency—The Senior
Acquisition Executive’’.
[FR Doc. 05–5633 Filed 3–22–05; 8:45 am]
BILLING CODE 5001–08–P
DEPARTMENT OF DEFENSE
48 CFR Part 219
[DFARS Case 2004–D029]
Defense Federal Acquisition
Regulation Supplement; Extension of
Test Program for Negotiation of
Comprehensive Small Business
Subcontracting Plans
Department of Defense (DoD).
ACTION: Final rule.
AGENCY:
SUMMARY: DoD has issued a final rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to implement Section 843 of
the National Defense Authorization Act
for Fiscal Year 2005. Section 843
provides for a 5-year extension of the
DoD test program for negotiation of
comprehensive small business
subcontracting plans.
DATES: Effective March 23, 2005.
FOR FURTHER INFORMATION CONTACT: Ms.
Michele Peterson, Defense Acquisition
Regulations Council, OUSD (AT&L)
DPAP (DAR), IMD 3C132, 3062 Defense
Pentagon, Washington, DC 20301–3062.
Telephone (703) 602–0311; facsimile
(703) 602–0350. Please cite DFARS Case
2004–D029.
SUPPLEMENTARY INFORMATION:
A. Background
This final rule amends DFARS
219.702 to implement Section 843 of the
National Defense Authorization Act for
Fiscal Year 2005 (Pub. L. 108–375).
Section 843 amends Section 834(e) of
the National Defense Authorization Act
for Fiscal Years 1990 and 1991 (Pub. L.
101–189; 15 U.S.C. 637 note) to extend
the termination date of the DoD test
program for negotiation of
comprehensive small business
subcontracting plans, from September
30, 2005, to September 30, 2010. The
test program permits participating DoD
contractors to negotiate comprehensive
small business subcontracting plans on
a plant, division, or company-wide
basis.
This rule also updates a statutory
reference at DFARS 219.702(a), and
updates the heading of DFARS Subpart
219.7 for consistency with the heading
of FAR Subpart 19.7.
This rule was not subject to Office of
Management and Budget review under
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Executive Order 12866, dated
September 30, 1993.
B. Regulatory Flexibility Act
48 CFR Parts 234, 242, and 252
[DFARS Case 2003–D030]
This rule will not have a significant
cost or administrative impact on
contractors or offerors, or a significant
effect beyond the internal operating
procedures of DoD. Therefore,
publication for public comment is not
required. However, DoD will consider
comments from small entities
concerning the affected DFARS subpart
in accordance with 5 U.S.C. 610. Such
comments should cite DFARS Case
2004–D029.
C. Paperwork Reduction Act
The Paperwork Reduction Act does
not apply because the rule does not
contain any information collection
requirements that require the approval
of the Office of Management and Budget
under 44 U.S.C. 3501, et seq.
List of Subjects in 48 CFR Part 219
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR part 219 is amended
as follows:
I 1. The authority citation for 48 CFR
part 219 continues to read as follows:
I
DEPARTMENT OF DEFENSE
Defense Federal Acquisition
Regulation Supplement; Major
Systems Acquisition
Department of Defense (DoD).
Final rule.
AGENCY:
ACTION:
SUMMARY: DoD has issued a final rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to update text pertaining to
major systems acquisition, earned value
management systems, and cost/schedule
status reporting. This rule is a result of
a transformation initiative undertaken
by DoD to dramatically change the
purpose and content of the DFARS.
DATES: Effective Date: March 23, 2005.
FOR FURTHER INFORMATION CONTACT: Ms.
Michele Peterson, Defense Acquisition
Regulations Council, OUSD (AT&L)
DPAP (DAR), IMD 3C132, 3062 Defense
Pentagon, Washington, DC 20301–3062.
Telephone (703) 602–0311; facsimile
(703) 602–0350. Please cite DFARS Case
2003-D030.
SUPPLEMENTARY INFORMATION:
A. Background
DFARS Transformation is a major
DoD initiative to dramatically change
the purpose and content of the DFARS.
The objective is to improve the
Authority: 41 U.S.C. 421 and 48 CFR
efficiency and effectiveness of the
Chapter 1.
acquisition process, while allowing the
acquisition workforce the flexibility to
PART 219—SMALL BUSINESS
innovate. The transformed DFARS will
PROGRAMS
contain only requirements of law, DoDwide policies, delegations of FAR
Subpart 219.7 [Amended]
authorities, deviations from FAR
requirements, and policies/procedures
I 2. Subpart 219.7 is amended by
that have a significant effect beyond the
revising the subpart heading to read
internal operating procedures of DoD or
‘‘Subpart 219.7—The Small Business
a significant cost or administrative
Subcontracting Program’’.
impact on contractors or offerors.
Additional information on the DFARS
219.702 [Amended]
Transformation initiative is available at
https://www.acq.osd.mil/dpap/dfars/
I 3. Section 219.702 is amended as
transf.htm.
follows:
This final rule is a result of the
I a. In paragraph (a), in the introductory
DFARS Transformation initiative. The
text, by adding after ‘‘as amended’’ the
DFARS changes include—
parenthetical ‘‘(15 U.S.C. 637 note)’’; and
• Deletion of the definitions of
I b. In paragraph (a)(i)(A)(1), by
‘‘systems’’ and ‘‘systems acquisition’’ at
removing ‘‘2005’’ and adding in its place DFARS 234.001, since these terms are
‘‘2010’’.
not used within DFARS part 234.
• Relocation of text on earned value
[FR Doc. 05–5630 Filed 3–22–05; 8:45 am]
management systems from DFARS part
BILLING CODE 5001–08–P
234 to part 242, since earned value
management system requirements are
not limited to major systems
acquisition. The earned value
management system thresholds
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Federal Register / Vol. 70, No. 55 / Wednesday, March 23, 2005 / Rules and Regulations
specified in DoDI 5000.2, Operation of
the Defense Acquisition System, do not
cleanly equate to major or other than
major systems. The prescriptions for the
Cost/Schedule Status Report clause and
provision at DFARS 252.242–7005 and
252.242–7006, respectively, also are
amended to remove text that limits their
use to other than major systems.
• Deletion of text at DFARS 234.005–
70 regarding a requirement for the
procuring contracting officer to obtain
assistance from the administrative
contracting officer when determining
the adequacy of a proposed earned
value management system plan. Text on
this subject has been relocated to the
new DFARS companion resource,
Procedures, Guidance, and Information
(PGI), available at https://
www.acq.osd.mil/dpap/dars/pgi.
• Updating of references to OMB
Circulars and the DoD 5000 series
documents.
DoD published a proposed rule at 69
FR 8155 on February 23, 2004. DoD
received no comments on the proposed
rule. Therefore, DoD has adopted the
proposed rule as a final rule without
change.
This rule was not subject to Office of
Management and Budget review under
Executive Order 12866, dated
September 30, 1993.
PART 234—MAJOR SYSTEM
ACQUISITION
B. Regulatory Flexibility Act
The Paperwork Reduction Act does
not apply because the rule does not
impose any information collection
requirements that require the approval
of the Office of Management and Budget
under 44 U.S.C. 3501, et seq.
(a) See DoDI 5000.2, Operation of the
Defense Acquisition System, for
reporting requirements for defense
technology projects and acquisition
programs. Table E3.T2. of DoDI 5000.2
specifies the earned value management
system (EVMS) thresholds. When an
offeror proposes an EVMS plan, follow
the review procedures at PGI
242.1106(a). The Defense Acquisition
Guidebook provides additional
guidance on earned value management
and identifies when cost/schedule
status reports are applicable.
*
*
*
*
*
I 7. Section 242.1107–70 is revised to
read as follows:
List of Subjects in 48 CFR Parts 234,
242, and 252
242.1107–70 Solicitation provisions and
contract clauses.
DoD certifies that this final rule will
not have a significant economic impact
on a substantial number of small entities
within the meaning of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq.,
because the rule updates and relocates
existing DFARS text, with no significant
change in policy.
C. Paperwork Reduction Act
234.001
[Removed]
2. Section 234.001 is removed.
I 3. Section 234.003 is revised to read as
follows:
I
234.003
Responsibilities.
DoDD 5000.1, The Defense
Acquisition System, and DoDI 5000.2,
Operation of the Defense Acquisition
System, contain the DoD
implementation of OMB Circular A–109
and OMB Circular A–11.
I 4. Section 234.005 is revised to read as
follows:
234.005
General requirements.
See 242.1106(a) for information on the
use of earned value management
systems and the use of cost/schedule
status reports.
234.005–70 and 234.005–71
[Removed]
5. Sections 234.005–70 and 234.005–
71 are removed.
I
PART 242—CONTRACT
ADMINISTRATION AND AUDIT
SERVICES
6. Section 242.1106 is amended by
revising paragraph (a) to read as follows:
I
242.1106
Reporting requirements.
(a) When the Government requires
contractor compliance with DoD earned
value management system criteria—
Michele P. Peterson,
(1) Use the provision at 252.242–7001,
Editor, Defense Acquisition Regulations
Notice of Earned Value Management
System.
System, in solicitations; and
I Therefore, 48 CFR parts 234, 242, and
(2) Use the clause at 252.242–7002,
252 are amended as follows:
Earned Value Management System, in
I 1. The authority citation for 48 CFR
solicitations and contracts.
parts 234, 242, and 252 continues to read
(b) Use the clause at 252.242–7005,
as follows:
Cost/Schedule Status Report, in
solicitations and contracts that require
Authority: 41 U.S.C. 421 and 48 CFR
cost/schedule status reports (i.e., when
Chapter 1.
Government procurement.
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14575
the Contract Data Requirements List
includes DI–MGMT–81467).
(c) Use the provision at 252.242–7006,
Cost/Schedule Status Report Plans, in
solicitations that require cost/schedule
status reports.
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
252.234–7000 and 252.234–7001
[Removed]
8. Sections 252.234–7000 and
252.234–7001 are removed.
I
9. Sections 252.242–7001 and
252.242–7002 are added to read as
follows:
I
252.242–7001 Notice of Earned Value
Management System.
As prescribed in 242.1107–70(a)(1),
use the following provision:
NOTICE OF EARNED VALUE
MANAGEMENT SYSTEM (MAR 2005)
(a) The offeror shall provide
documentation that the cognizant
Administrative Contracting Officer has
recognized that the proposed earned value
management system (EVMS) complies with
the EVMS criteria of DoDI 5000.2, Operation
of the Defense Acquisition System, or that
the proposed cost/schedule control system
has been accepted by the Department of
Defense.
(b) If the offeror proposes to use a system
that does not meet the requirements of
paragraph (a) of this provision, the offeror
shall submit a comprehensive plan for
compliance with the EVMS criteria.
(1) The plan shall—
(i) Describe the EVMS the offeror intends
to use in performance of the contract;
(ii) Distinguish between the offeror’s
existing management system and
modifications proposed to meet the criteria;
(iii) Describe the management system and
its application in terms of the 32 EVMS
criteria;
(iv) Describe the proposed procedure for
administration of the criteria as applied to
subcontractors; and
(v) Provide documentation describing the
process and results of any third-party or selfevaluation of the system’s compliance with
EVMS criteria.
(2) The offeror shall provide information
and assistance as required by the Contracting
Officer to support review of the plan.
(3) The Government will review the
offeror’s plan for EVMS before contract
award.
(c) Offerors shall identify the major
subcontractors, or major subcontracted effort
if major subcontractors have not been
selected, planned for application of the
criteria. The prime contractor and the
Government shall agree to subcontractors
selected for application of the EVMS criteria.
(End of provision)
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14576
Federal Register / Vol. 70, No. 55 / Wednesday, March 23, 2005 / Rules and Regulations
252.242–7002
System.
Earned Value Management
252.242–7005
Report.
Cost/Schedule Status
As prescribed in 242.1107–70(a)(2),
use the following clause:
As prescribed in 242.1107–70(b), use
the following clause:
EARNED VALUE MANAGEMENT
SYSTEM (MAR 2005)
(a) In the performance of this contract, the
Contractor shall use an earned value
management system (EVMS) that has been
recognized by the cognizant Administrative
Contracting Officer (ACO) as complying with
the criteria provided in DoDI 5000.2,
Operation of the Defense Acquisition System.
(b) If, at the time of award, the Contractor’s
EVMS has not been recognized by the
cognizant ACO as complying with EVMS
criteria (or the Contractor does not have an
existing cost/schedule control system that
has been accepted by the Department of
Defense), the Contractor shall apply the
system to the contract and shall be prepared
to demonstrate to the ACO that the EVMS
complies with the EVMS criteria referenced
in paragraph (a) of this clause.
(c) The Government may require integrated
baseline reviews. Such reviews shall be
scheduled as early as practicable and should
be conducted within 180 calendar days after
(1) contract award, (2) the exercise of
significant contract options, or (3) the
incorporation of major modifications. The
objective of the integrated baseline review is
for the Government and the Contractor to
jointly assess areas, such as the Contractor’s
planning, to ensure complete coverage of the
statement of work, logical scheduling of the
work activities, adequate resourcing, and
identification of inherent risks.
(d) Unless a waiver is granted by the ACO,
Contractor-proposed EVMS changes require
approval of the ACO prior to
implementation. The ACO shall advise the
Contractor of the acceptability of such
changes within 30 calendar days after receipt
of the notice of proposed changes from the
Contractor. If the advance approval
requirements are waived by the ACO, the
Contractor shall disclose EVMS changes to
the ACO at least 14 calendar days prior to the
effective date of implementation.
(e) The Contractor agrees to provide access
to all pertinent records and data requested by
the ACO or duly authorized representative.
Access is to permit Government surveillance
to ensure that the EVMS complies, and
continues to comply, with the criteria
referenced in paragraph (a) of this clause.
(f) The Contractor shall require the
following subcontractors to comply with the
requirements of this clause:
(Contracting Officer to insert names of
subcontractors selected for application of
EVMS criteria in accordance with 252.242–
7001(c).)
lllllllllllllllllllll
lllllllllllllllllllll
lllllllllllllllllllll
lllllllllllllllllllll
(End of clause)
COST/SCHEDULE STATUS REPORT
(MAR 2005)
10. Section 252.242–7005 is amended
by revising the introductory text, the
clause date, and paragraph (c) to read as
follows:
I
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14:14 Mar 22, 2005
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*
*
*
*
*
(c) The Contractor may use a cost/schedule
control system that has been recognized by
the cognizant Administrative Contracting
Officer (ACO) as complying with the earned
value management system criteria provided
in DoDI 5000.2, Operation of the Defense
Acquisition System.
*
*
*
*
*
11. Section 252.242–7006 is amended
by revising the introductory text, the
clause date, and paragraph (b) to read as
follows:
I
252.242–7006 Cost/Schedule Status
Report Plans.
As prescribed in 242.1107–70(c), use
the following provision:
COST/SCHEDULE STATUS REPORT
PLANS (MAR 2005)
*
*
*
*
*
(b) If the offeror proposes to use a cost/
schedule control system that has been
recognized by the cognizant Administrative
Contracting Officer as complying with the
earned value management system criteria of
DoDI 5000.2, Operation of the Defense
Acquisition System, the offeror may submit
a copy of the documentation of such
recognition instead of the written summary
required by paragraph (a) of this provision.
(End of provision)
[FR Doc. 05–5626 Filed 3–22–05; 8:45 am]
BILLING CODE 5001–08–P
DEPARTMENT OF DEFENSE
48 CFR Part 237
[DFARS Case 2004–D032]
Defense Federal Acquisition
Regulation Supplement; Contractor
Performance of Security-Guard
Functions
Department of Defense (DoD).
Final rule.
AGENCY:
ACTION:
SUMMARY: DoD has issued a final rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to implement Section 324 of
the National Defense Authorization Act
for Fiscal Year 2005. Section 324
conditionally extends the expiration
date of DoD’s authority to enter into
contracts for the performance of
security-guard functions at military
installations or facilities to meet the
increased need for such functions since
September 11, 2001.
DATES: Effective March 23, 2005.
PO 00000
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Fmt 4700
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Ms.
Robin Schulze, Defense Acquisition
Regulations Council, OUSD (AT&L)
DPAP (DAR), IMD 3C132, 3062 Defense
Pentagon, Washington, DC 20301–3062.
Telephone (703) 602–0326; facsimile
(703) 602–0350. Please cite DFARS Case
2004–D032.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
A. Background
This final rule amends DFARS
237.102–70 to implement Section 324 of
the National Defense Authorization Act
for Fiscal Year 2005 (Pub. L. 108–375).
Section 324 amends Section 332 of
Public Law 107–314 to extend DoD’s
authority to enter into contracts for
security-guard functions at military
installations or facilities, provided DoD
submits a report to Congress by
December 1, 2005, that addresses DoD’s
use of this authority and includes a plan
for meeting security-guard requirements
on a long-term basis in a manner
consistent with applicable law.
This rule was not subject to Office of
Management and Budget review under
Executive Order 12866, dated
September 30, 1993.
B. Regulatory Flexibility Act
This rule will not have a significant
cost or administrative impact on
contractors or offerors, or a significant
effect beyond the internal operating
procedures of DoD. Therefore,
publication for public comment is not
required. However, DoD will consider
comments from small entities
concerning the affected DFARS subpart
in accordance with 5 U.S.C. 610. Such
comments should cite DFARS Case
2004–D032.
C. Paperwork Reduction Act
The Paperwork Reduction Act does
not apply because the rule does not
contain any information collection
requirements that require the approval
of the Office of Management and Budget
under 44 U.S.C. 3501, et seq.
List of Subjects in 48 CFR Part 237
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR part 237 is amended
as follows:
I 1. The authority citation for 48 CFR
part 237 continues to read as follows:
I
Authority: 41 U.S.C. 421 and 48 CFR
Chapter 1.
E:\FR\FM\23MRR1.SGM
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]]>Agencies
[Federal Register Volume 70, Number 55 (Wednesday, March 23, 2005)]
[Rules and Regulations]
[Pages 14574-14576]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-5626]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
48 CFR Parts 234, 242, and 252
[DFARS Case 2003-D030]
Defense Federal Acquisition Regulation Supplement; Major Systems
Acquisition
AGENCY: Department of Defense (DoD).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: DoD has issued a final rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to update text pertaining to
major systems acquisition, earned value management systems, and cost/
schedule status reporting. This rule is a result of a transformation
initiative undertaken by DoD to dramatically change the purpose and
content of the DFARS.
DATES: Effective Date: March 23, 2005.
FOR FURTHER INFORMATION CONTACT: Ms. Michele Peterson, Defense
Acquisition Regulations Council, OUSD (AT&L) DPAP (DAR), IMD 3C132,
3062 Defense Pentagon, Washington, DC 20301-3062. Telephone (703) 602-
0311; facsimile (703) 602-0350. Please cite DFARS Case 2003-D030.
SUPPLEMENTARY INFORMATION:
A. Background
DFARS Transformation is a major DoD initiative to dramatically
change the purpose and content of the DFARS. The objective is to
improve the efficiency and effectiveness of the acquisition process,
while allowing the acquisition workforce the flexibility to innovate.
The transformed DFARS will contain only requirements of law, DoD-wide
policies, delegations of FAR authorities, deviations from FAR
requirements, and policies/procedures that have a significant effect
beyond the internal operating procedures of DoD or a significant cost
or administrative impact on contractors or offerors. Additional
information on the DFARS Transformation initiative is available at
https://www.acq.osd.mil/dpap/dfars/transf.htm.
This final rule is a result of the DFARS Transformation initiative.
The DFARS changes include--
Deletion of the definitions of ``systems'' and ``systems
acquisition'' at DFARS 234.001, since these terms are not used within
DFARS part 234.
Relocation of text on earned value management systems from
DFARS part 234 to part 242, since earned value management system
requirements are not limited to major systems acquisition. The earned
value management system thresholds
[[Page 14575]]
specified in DoDI 5000.2, Operation of the Defense Acquisition System,
do not cleanly equate to major or other than major systems. The
prescriptions for the Cost/Schedule Status Report clause and provision
at DFARS 252.242-7005 and 252.242-7006, respectively, also are amended
to remove text that limits their use to other than major systems.
Deletion of text at DFARS 234.005-70 regarding a
requirement for the procuring contracting officer to obtain assistance
from the administrative contracting officer when determining the
adequacy of a proposed earned value management system plan. Text on
this subject has been relocated to the new DFARS companion resource,
Procedures, Guidance, and Information (PGI), available at https://
www.acq.osd.mil/dpap/dars/pgi.
Updating of references to OMB Circulars and the DoD 5000
series documents.
DoD published a proposed rule at 69 FR 8155 on February 23, 2004.
DoD received no comments on the proposed rule. Therefore, DoD has
adopted the proposed rule as a final rule without change.
This rule was not subject to Office of Management and Budget review
under Executive Order 12866, dated September 30, 1993.
B. Regulatory Flexibility Act
DoD certifies that this final rule will not have a significant
economic impact on a substantial number of small entities within the
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq.,
because the rule updates and relocates existing DFARS text, with no
significant change in policy.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the rule does
not impose any information collection requirements that require the
approval of the Office of Management and Budget under 44 U.S.C. 3501,
et seq.
List of Subjects in 48 CFR Parts 234, 242, and 252
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
0
Therefore, 48 CFR parts 234, 242, and 252 are amended as follows:
0
1. The authority citation for 48 CFR parts 234, 242, and 252 continues
to read as follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
PART 234--MAJOR SYSTEM ACQUISITION
234.001 [Removed]
0
2. Section 234.001 is removed.
0
3. Section 234.003 is revised to read as follows:
234.003 Responsibilities.
DoDD 5000.1, The Defense Acquisition System, and DoDI 5000.2,
Operation of the Defense Acquisition System, contain the DoD
implementation of OMB Circular A-109 and OMB Circular A-11.
0
4. Section 234.005 is revised to read as follows:
234.005 General requirements.
See 242.1106(a) for information on the use of earned value
management systems and the use of cost/schedule status reports.
234.005-70 and 234.005-71 [Removed]
0
5. Sections 234.005-70 and 234.005-71 are removed.
PART 242--CONTRACT ADMINISTRATION AND AUDIT SERVICES
0
6. Section 242.1106 is amended by revising paragraph (a) to read as
follows:
242.1106 Reporting requirements.
(a) See DoDI 5000.2, Operation of the Defense Acquisition System,
for reporting requirements for defense technology projects and
acquisition programs. Table E3.T2. of DoDI 5000.2 specifies the earned
value management system (EVMS) thresholds. When an offeror proposes an
EVMS plan, follow the review procedures at PGI 242.1106(a). The Defense
Acquisition Guidebook provides additional guidance on earned value
management and identifies when cost/schedule status reports are
applicable.
* * * * *
0
7. Section 242.1107-70 is revised to read as follows:
242.1107-70 Solicitation provisions and contract clauses.
(a) When the Government requires contractor compliance with DoD
earned value management system criteria--
(1) Use the provision at 252.242-7001, Notice of Earned Value
Management System, in solicitations; and
(2) Use the clause at 252.242-7002, Earned Value Management System,
in solicitations and contracts.
(b) Use the clause at 252.242-7005, Cost/Schedule Status Report, in
solicitations and contracts that require cost/schedule status reports
(i.e., when the Contract Data Requirements List includes DI-MGMT-
81467).
(c) Use the provision at 252.242-7006, Cost/Schedule Status Report
Plans, in solicitations that require cost/schedule status reports.
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
252.234-7000 and 252.234-7001 [Removed]
0
8. Sections 252.234-7000 and 252.234-7001 are removed.
0
9. Sections 252.242-7001 and 252.242-7002 are added to read as follows:
252.242-7001 Notice of Earned Value Management System.
As prescribed in 242.1107-70(a)(1), use the following provision:
NOTICE OF EARNED VALUE MANAGEMENT SYSTEM (MAR 2005)
(a) The offeror shall provide documentation that the cognizant
Administrative Contracting Officer has recognized that the proposed
earned value management system (EVMS) complies with the EVMS
criteria of DoDI 5000.2, Operation of the Defense Acquisition
System, or that the proposed cost/schedule control system has been
accepted by the Department of Defense.
(b) If the offeror proposes to use a system that does not meet
the requirements of paragraph (a) of this provision, the offeror
shall submit a comprehensive plan for compliance with the EVMS
criteria.
(1) The plan shall--
(i) Describe the EVMS the offeror intends to use in performance
of the contract;
(ii) Distinguish between the offeror's existing management
system and modifications proposed to meet the criteria;
(iii) Describe the management system and its application in
terms of the 32 EVMS criteria;
(iv) Describe the proposed procedure for administration of the
criteria as applied to subcontractors; and
(v) Provide documentation describing the process and results of
any third-party or self-evaluation of the system's compliance with
EVMS criteria.
(2) The offeror shall provide information and assistance as
required by the Contracting Officer to support review of the plan.
(3) The Government will review the offeror's plan for EVMS
before contract award.
(c) Offerors shall identify the major subcontractors, or major
subcontracted effort if major subcontractors have not been selected,
planned for application of the criteria. The prime contractor and
the Government shall agree to subcontractors selected for
application of the EVMS criteria.
(End of provision)
[[Page 14576]]
252.242-7002 Earned Value Management System.
As prescribed in 242.1107-70(a)(2), use the following clause:
EARNED VALUE MANAGEMENT SYSTEM (MAR 2005)
(a) In the performance of this contract, the Contractor shall
use an earned value management system (EVMS) that has been
recognized by the cognizant Administrative Contracting Officer (ACO)
as complying with the criteria provided in DoDI 5000.2, Operation of
the Defense Acquisition System.
(b) If, at the time of award, the Contractor's EVMS has not been
recognized by the cognizant ACO as complying with EVMS criteria (or
the Contractor does not have an existing cost/schedule control
system that has been accepted by the Department of Defense), the
Contractor shall apply the system to the contract and shall be
prepared to demonstrate to the ACO that the EVMS complies with the
EVMS criteria referenced in paragraph (a) of this clause.
(c) The Government may require integrated baseline reviews. Such
reviews shall be scheduled as early as practicable and should be
conducted within 180 calendar days after (1) contract award, (2) the
exercise of significant contract options, or (3) the incorporation
of major modifications. The objective of the integrated baseline
review is for the Government and the Contractor to jointly assess
areas, such as the Contractor's planning, to ensure complete
coverage of the statement of work, logical scheduling of the work
activities, adequate resourcing, and identification of inherent
risks.
(d) Unless a waiver is granted by the ACO, Contractor-proposed
EVMS changes require approval of the ACO prior to implementation.
The ACO shall advise the Contractor of the acceptability of such
changes within 30 calendar days after receipt of the notice of
proposed changes from the Contractor. If the advance approval
requirements are waived by the ACO, the Contractor shall disclose
EVMS changes to the ACO at least 14 calendar days prior to the
effective date of implementation.
(e) The Contractor agrees to provide access to all pertinent
records and data requested by the ACO or duly authorized
representative. Access is to permit Government surveillance to
ensure that the EVMS complies, and continues to comply, with the
criteria referenced in paragraph (a) of this clause.
(f) The Contractor shall require the following subcontractors to
comply with the requirements of this clause:
(Contracting Officer to insert names of subcontractors selected
for application of EVMS criteria in accordance with 252.242-
7001(c).)
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(End of clause)
0
10. Section 252.242-7005 is amended by revising the introductory text,
the clause date, and paragraph (c) to read as follows:
252.242-7005 Cost/Schedule Status Report.
As prescribed in 242.1107-70(b), use the following clause:
COST/SCHEDULE STATUS REPORT (MAR 2005)
* * * * *
(c) The Contractor may use a cost/schedule control system that
has been recognized by the cognizant Administrative Contracting
Officer (ACO) as complying with the earned value management system
criteria provided in DoDI 5000.2, Operation of the Defense
Acquisition System.
* * * * *
0
11. Section 252.242-7006 is amended by revising the introductory text,
the clause date, and paragraph (b) to read as follows:
252.242-7006 Cost/Schedule Status Report Plans.
As prescribed in 242.1107-70(c), use the following provision:
COST/SCHEDULE STATUS REPORT PLANS (MAR 2005)
* * * * *
(b) If the offeror proposes to use a cost/schedule control
system that has been recognized by the cognizant Administrative
Contracting Officer as complying with the earned value management
system criteria of DoDI 5000.2, Operation of the Defense Acquisition
System, the offeror may submit a copy of the documentation of such
recognition instead of the written summary required by paragraph (a)
of this provision.
(End of provision)
[FR Doc. 05-5626 Filed 3-22-05; 8:45 am]
BILLING CODE 5001-08-P
