Defense Federal Acquisition Regulation Supplement; Cost and Software Data Reporting System, 25165-25167 [2010-10762]
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25165
Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Proposed Rules
10. Amend section 252.227–7019 by
revising the clause date; redesignating
paragraphs (f) through (i) as (g) through
(j) respectively; adding new paragraph
(f); and revising newly redesignated
paragraphs (g)(5), (h)(1), and (h)(3) to
read as follows:
Validation of Asserted Restrictions—
Computer Software
*
*
*
*
*
VALIDATION OF ASSERTED
RESTRICTIONS—COMPUTER SOFTWARE
(DATE)
*
*
*
*
*
(f) Major systems. When the Contracting
Officer challenges an asserted restriction
regarding noncommercial computer software
for a major system or a subsystem or
component thereof on the basis that the
computer software was not developed
exclusively at private expense, the
Contracting Officer shall sustain the
challenge unless information provided by the
Contractor or subcontractor demonstrates
that the computer software was developed
exclusively at private expense.
(g) * * *
(5) If the Contractor fails to respond to the
Contracting Officer’s request for information
or additional information under paragraph
(g)(1) of this clause, the Contracting Officer
shall issue a final decision, in accordance
with paragraph (f) of this clause and the
Disputes clause of this contract, pertaining to
the validity of the asserted restriction.
*
*
*
*
*
(h) * * *
(1) The Government agrees that,
notwithstanding a Contracting Officer’s final
decision denying the validity of an asserted
restriction and except as provided in
paragraph (h)(3) of this clause, it will honor
the asserted restriction—
jlentini on DSKJ8SOYB1PROD with PROPOSALS
*
*
*
*
*
(3) The agency head, on a nondelegable
basis, may determine that urgent or
compelling circumstances do not permit
awaiting the filing of suit in an appropriate
court, or the rendering of a decision by a
court of competent jurisdiction or Board of
Contract Appeals. In that event, the agency
head will notify the Contractor of the urgent
or compelling circumstances.
Notwithstanding paragraph (h)(1) of this
clause, the Contractor agrees that the agency
may use, modify, reproduce, release,
perform, display, or disclose computer
software marked with government purpose
legends for any purpose, and authorize others
to do so; or restricted or special license rights
for government purposes only. The
Government agrees not to release or disclose
such software unless, prior to release or
disclosure, the intended recipient is subject
to the use and non-disclosure agreement at
227.7103–7 of the Defense Federal
Acquisition Regulation Supplement
(DFARS), or is a Government contractor
receiving access to the software for
performance of a Government contract that
contains the clause at DFARS 252.227–7025,
Limitations on the Use or Disclosure of
Government-Furnished Information Marked
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18:40 May 06, 2010
Jkt 220001
with Restrictive Legends. The agency head’s
determination may be made at any time after
the date of the Contracting Officer’s final
decision and shall not affect the Contractor’s
right to damages against the United States, or
other relief provided by law, if its asserted
restrictions are ultimately upheld.
*
*
*
*
*
11. Amend section 252.227–7037 by
revising the clause date and revising
paragraphs (b), (c), (f), and (l) to read as
follows:
*
*
*
*
*
252.227–7037 Validation of Restrictive
Markings on Technical Data.
*
*
*
*
*
VALIDATION OF RESTRICTIVE
MARKINGS ON TECHNICAL DATA (DATE)
*
*
*
*
*
(b) Presumption regarding development
exclusively at private expense.
(1) Commercial items. For commercially
available off-the-shelf items (defined at 41
U.S.C. Section 431(c)) in all cases, and for all
other commercial items except as provided in
paragraph (b)(2) of this clause, the
Contracting Officer shall presume that a
Contractor’s asserted use or release
restrictions are justified on the basis that the
item, component, or process was developed
exclusively at private expense. The
Contracting Officer shall not challenge such
assertions unless information provided by
the Contracting Officer demonstrates that the
item, component, or process was not
developed exclusively at private expense.
(2) Major systems. The presumption of
development exclusively at private expense
does not apply to major systems or
subsystems or components thereof, except for
commercially available off-the-shelf items
(which are governed by paragraph (b)(1) of
this clause). When the Contracting Officer
challenges an asserted restriction regarding
technical data for a major system or a
subsystem or component thereof on the basis
that the item, component, or process was not
developed exclusively at private expense, the
Contracting Officer shall sustain the
challenge unless information provided by the
Contractor or subcontractor demonstrates
that the item, component, or process was
developed exclusively at private expense.
(c) Justification. The Contractor or
subcontractor at any tier is responsible for
maintaining records sufficient to justify the
validity of its markings that impose
restrictions on the Government and others to
use, duplicate, or disclose technical data
delivered or required to be delivered under
the contract or subcontract. Except as
provided in paragraph (b) of this clause, the
Contractor or subcontractor shall be prepared
to furnish to the Contracting Officer a written
justification for such restrictive markings in
response to a challenge under paragraph (e)
of this clause.
*
*
*
*
*
(f) Final decision when Contractor or
subcontractor fails to respond. Upon a failure
of a Contractor or subcontractor to submit
any response to the challenge notice, the
PO 00000
Frm 00046
Fmt 4702
Sfmt 4702
Contracting Officer shall issue a final
decision to the Contractor or subcontractor in
accordance with paragraph (b) of this clause
and the Disputes clause of this contract
pertaining to the validity of the asserted
restriction. This final decision shall be issued
as soon as possible after the expiration of the
time period of paragraph (e)(1)(ii) or (e)(2) of
this clause. Following issuance of the final
decision, the Contracting Officer shall
comply with the procedures in paragraphs
(g)(2)(ii) through (iv) of this clause.
*
*
*
*
*
(l) Flowdown. The Contractor or
subcontractor agrees to insert this clause in
contractual instruments with its
subcontractors or suppliers at any tier
requiring the delivery of technical data.
(End of clause)
[FR Doc. 2010–10764 Filed 5–6–10; 8:45 am]
BILLING CODE 5001–08–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
[DFARS Case 2008–D027]
48 CFR Parts 215, 234, 242, and 252
Defense Federal Acquisition
Regulation Supplement; Cost and
Software Data Reporting System
AGENCY: Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Proposed rule with request for
comments.
SUMMARY: DoD proposes to amend the
Defense Federal Acquisition Regulation
Supplement (DFARS) to set forth DoD
Cost and Software Data Reporting
system requirements for major defense
acquisition programs and major
automated information system
programs.
DATES: Comments on the proposed rule
should be submitted in writing to the
address shown below on or before July
6, 2010, to be considered in the
formation of the final rule.
ADDRESSES: You may submit comments,
identified by DFARS Case 2008–D027,
using any of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• E-mail: dfars@osd.mil. Include
DFARS Case 2008–D027 in the subject
line of the message.
• Fax: 703–602–0350.
• Mail: Defense Acquisition
Regulations System, Attn: Ms. Mary
Overstreet, OUSD(AT&L)DPAP(DARS),
Room 3B855, 3060 Defense Pentagon,
Washington, DC 20301–3060.
Comments received generally will be
posted without change to https://
E:\FR\FM\07MYP1.SGM
07MYP1
25166
Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Proposed Rules
jlentini on DSKJ8SOYB1PROD with PROPOSALS
www.regulations.gov, including any
personal information provided.
FOR FURTHER INFORMATION CONTACT: Ms.
Mary Overstreet, 703–602–0311.
SUPPLEMENTARY INFORMATION:
A. Background
This rule proposes to amend the
DFARS to set forth the DoD requirement
for offerors to:
• Describe the standard Cost and
Software Data Reporting (CSDR) process
offerors intend to use to satisfy the
requirements of the CSDR Manual, DoD
5000.04–M–1, and the Governmentapproved contract CSDR plan, DD Form
2794, and the related Resource
Distribution Table (RDT), in proposals
in response to solicitations for Major
Defense Acquisition Programs and
Major Automated Information System
programs;
• Provide comments on the adequacy
of the CSDR contract plan, and the
related Resource Distribution Table
contained in the solicitation; and,
• Submit with their pricing proposal:
the DD Form 1921, Cost Data Summary
Report; DD Form 1921–1, Functional
Cost-Hour Report; and, DD Form 1921–
2, Progress Curve Report.
During contract performance, the
contractor will be required to:
• Utilize a documented standard Cost
and Software Data Reporting (CSDR)
process that satisfies the guidelines
contained in the CSDR Manual DoD
5000.04–M–1;
• Use management procedures that
provide for generation of timely and
reliable information for the Contractor
Cost Data Reports, and Software
Resources Data Reports;
• Use the Government-approved
contract CSDR plan, DD Form 2794,
Cost and Software Data Reporting Plan
with the related Resource Distribution
Table, and DD Form 1921–3, Contractor
Business Data Report, as the basis for
reporting; and
• Require subcontractors, or
subcontracted effort if subcontractors
have not been selected, to comply with
the Cost and Software Data Reporting
requirements.
This is not a significant regulatory
action and therefore was not subject to
review under section 6(b) of Executive
Order 12866, Regulatory Planning and
Review, dated September 30, 1993. This
is not a major rule.
B. Regulatory Flexibility Act
DoD has prepared an initial regulatory
flexibility analysis consistent with 5
U.S.C. 603. A copy of the analysis may
be obtained from the point of contact
specified herein. The analysis is
summarized as follows:
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18:40 May 06, 2010
Jkt 220001
The objective of the rule is to set forth
Cost and Software Data Reporting
System reporting requirements that are
essential for the DoD to estimate the cost
of current and future weapon systems.
The reported data will also be very
useful in performing contract price
analysis, comparing prices of similar
systems, and for capturing contractorprovided cost estimates in standard
formats to facilitate comparison across
several contractors. At this time, DoD is
unable to estimate the number of small
entities to which this rule will apply.
DoD invites comments from small
businesses and other interested parties
on the expected impact of this rule on
small entities.
DoD will also consider comments
from small entities concerning the
existing regulations in subparts affected
by this rule in accordance with 5 U.S.C.
610. Interested parties must submit such
comments separately and should cite
U.S.C. 601 (DFARS Case 2008–D027) in
correspondence.
C. Paperwork Reduction Act
The information collection
requirements under this proposed rule
were previously approved by the Office
of Management and Budget, under
Clearance Number 0704–0188. The
requirements of this proposed rule are
not expected to significantly change the
burden hours approved under Clearance
Number 0704–0188.
List of Subjects in 48 CFR Parts 215,
234, 242, and 252
Government procurement.
Ynette R. Shelkin,
Editor, Defense Acquisition Regulations
System.
Therefore, DoD proposes to amend 48
CFR parts 215, 234, 242, and 252 as
follows:
1. The authority citation for 48 CFR
parts 215, 234, 242, and 252 continues
to read as follows:
Authority: 41 U.S.C. 421 and 48 CFR
chapter 1.
PART 215—CONTRACTING BY
NEGOTIATION
215.403–5
[Removed]
2. Remove section 215.403–5.
PART 234—MAJOR SYSTEM
ACQUSITION
3. Add subpart 234.71 to read as
follows:
Subpart 234.71—Cost and Software Data
Reporting
Sec.
234.7100 Policy.
PO 00000
Frm 00047
Fmt 4702
Sfmt 4702
234.7101 Solicitation provision and
contract clause.
Subpart 234.71—Cost and Software
Data Reporting
234.7100
Policy.
(a) The Cost and Software Data
Reporting (CSDR) requirement is
mandatory for major defense acquisition
programs (as defined in 10 U.S.C. 2430),
and major automated information
system programs (as defined in 10
U.S.C. 2445a) as specified in DoDI
5000.02, Operation of the Defense
Acquisition System and the DoD
5000.04–M–1, CSDR Manual. The CSDR
system is applied in accordance with
the reporting requirements established
in DoDI 5000.02.
(b) Prior to contract award,
Contracting Officers shall consult with
the Defense Cost and Resource Center to
determine that the offeror selected for
award has proposed a standard Cost and
Software Data Reporting (CSDR) system,
as described in the offeror’s proposal in
response to the provision at 252.234–
70XX, that is in compliance with DoDI
5000.02, Operation of the Defense
Acquisition System, and the DoD
5000.04–M–1, CSDR Manual.
(c) The Defense Cost and Resource
Center contact information is located at
PGI 234.7100.
234.7101 Solicitation provision and
contract clause.
(a) Use the provision at 252.234–
70XX, Notice of Cost and Software Data
Reporting System, in all solicitations for
major defense acquisition programs and
major automated information system
programs that exceed $50 million. The
clause may also be used on selected
contracts below $50 million, but greater
than $20 million as determined by the
DoD program manager with the
approval of the Defense Cost and
Resource Center (see PGI 234.7100).
(b) Use the clause at 252.234–70YY,
Cost and Software Data Reporting
(CSDR), in all solicitations and contracts
for major defense acquisition programs
and major automated information
system programs that exceed $20
million. The clause may also be used for
the CSDR Software Resources Data
Reporting requirement on selected
contracts below $20 million as
determined by the DoD program
manager with the approval of the
Defense Cost and Resource Center (see
PGI 234.7100).
E:\FR\FM\07MYP1.SGM
07MYP1
Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Proposed Rules
PART 242—CONTRACT
ADMINISTRATION AND AUDIT
SERVICES
4. Revise section 242.503–2 to read as
follows:
242.503–2 Postaward conference
procedure.
(a) DD Form 1484, Post-Award
Conference Record, may be used in
conducting the conference and in
preparing the conference report.
(b) For contracts that include the
clause at 252.234–70YY, postaward
conferences shall include a discussion
of the Contractor’s standard Cost and
Software Data Reporting (CSDR) process
that satisfies the guidelines contained in
the CSDR Manual DoD 5000.04–M–1
and the requirements in the Government
approved contract CSDR plan, DD Form
2794, Cost and Software Data Reporting
Plan and related Resource Distribution
Table, and DD Form 1921–3, Contractor
Business Data Report.
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
5. Add section 252.234–70XX to read
as follows:
252.234 70XX Notice of Cost and Software
Data Reporting System.
jlentini on DSKJ8SOYB1PROD with PROPOSALS
As prescribed in 234.7101(a), use the
following provision:
NOTICE OF COST AND SOFTWARE DATA
REPORTING SYSTEM (DATE)
(a) The offeror shall—
(1) Describe the standard Cost and
Software Data Reporting (CSDR) process that
it intends to use to satisfy the requirements
of the CSDR Manual, DoD 5000.04–M–1, and
the Government-approved contract CSDR
plan, DD Form 2794 and related Resource
Distribution Table contained in the
solicitation. For Contractor Cost and Data
Reporting (CCDR) application, the
description will demonstrate how reports are
based, to the maximum extent possible, upon
actual cost transactions and not cost
allocations. The description will also show
how the data from the offeror’s accounting
system will be mapped into the standard
reporting categories required in the
Contractor CCDR data item descriptions. The
document shall also describe how the offeror
segregates recurring and nonrecurring costs;
(2) Provide comments on the adequacy of
the CSDR contract plan and related Resource
Distribution Table contained in the
solicitation; and
(3) Submit the DD Form 1921, Cost Data
Summary Report, DD Form 1921–1,
Functional Cost-Hour Report, and DD Form
1921–2, Progress Curve Report, with its
pricing proposal.
(b) The offeror shall identify the
subcontractors or the subcontracted effort, if
the subcontractors have not been selected, to
whom the CSDR requirements will apply.
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This will be accomplished by providing
comments on the Resource Distribution Table
contained in the solicitation. The offeror
shall be responsible for ensuring the selected
subcontractors comply with the requirements
of the CSDR System. The offeror shall also be
responsible for notifying the Government
prior to changes in subcontractor or planned
subcontract circumstances affecting CSDR
compliance.
(End of provision)
25167
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
[DFARS Case 2006–D029]
48 CFR Part 225
RIN 0750–AG57
6. Add section 252.234–70YY to read
as follows:
Defense Federal Acquisition
Regulation Supplement; Department of
Defense (DoD); Restriction on Ball and
Roller Bearings
252.234 70YY Cost and Software Data
Reporting System.
ACTION: Proposed rule with request for
comments.
As prescribed in 234.7101(b), use the
following clause:
SUMMARY: DoD is proposing to amend
the Defense Federal Acquisition
Regulation Supplement (DFARS) to
revise the domestic source restriction on
acquisition of ball and roller bearings.
The current DFARS restriction on ball
and roller bearings requires that the
bearings and the main bearing
components be manufactured in the
U.S. or Canada. This requirement was
based on the restriction at 10 U.S.C.
2534(a)(5), which expired on October 1,
2005. The proposed revision interprets
the annual defense appropriations act
domestic source restriction on
acquisition of ball and roller bearings in
a manner similar to the domestic source
restriction of the Buy American Act.
DATES: Comments on the proposed rule
should be submitted to the address
shown below on or before July 6, 2010,
to be considered in the formulation of
the final rule.
ADDRESSES: You may submit comments,
identified by DFARS Case 2006–D029,
using any of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• E-mail: dfars@osd.mil. Include
DFARS Case 2006–D029 in the subject
line of the message.
• Fax: 703–602–0350.
• Mail: Defense Acquisition
Regulations Council, Attn: Ms. Amy
Williams, OUSD(AT&L)DPAP(DARS),
Room 3B855, 3060 Defense Pentagon,
Washington, DC 20301–3060.
All comments received will be posted
to https://emissary.acq.osd.mil/dar/
dfars.nsf.
FOR FURTHER INFORMATION CONTACT: Ms.
Amy Williams, 703–602–0328.
SUPPLEMENTARY INFORMATION:
COST AND SOFTWARE DATA REPORTING
SYSTEM (DATE)
(a) In the performance of this contract, the
Contractor shall use—
(1) A documented standard Cost and
Software Data Reporting (CSDR) process that
satisfies the guidelines contained in the
CSDR Manual DoD 5000.04–M–1;
(2) Management procedures that provide
for generation of timely and reliable
information for the Contractor Cost Data
Reports (CCDRs) and Software Resources
Data Reports (SRDRs) required by the CCDR
and SRDR data items of the contract. These
procedures will also maximize use of actual
cost transactions rather than cost allocations;
and
(3) The Government-approved contract
CSDR plan, DD Form 2794, Cost and
Software Data Reporting Plan and related
Resource Distribution Table, and DD Form
1921–3, Contractor Business Data Report, as
the basis for reporting in accordance with the
required CSDR data item descriptions (DIDs).
(b) The Contractor shall require the
following subcontractors to comply with the
CSDR requirements:
(Contracting Officer to insert names of
subcontractors (or subcontracted effort if
subcontractors have not been selected)
designated for application of the CSDR
requirement of the clause.)
lllllllllllllllllllll
lllllllllllllllllllll
lllllllllllllllllllll
lllllllllllllllllllll
(End of clause)
[FR Doc. 2010–10762 Filed 5–6–10; 8:45 am]
BILLING CODE 5001–08–P
PO 00000
A. Background
The current DFARS restriction on ball
and roller bearings (225.7009)
implemented two statutory restrictions:
10 U.S.C. 2534(a)(5) and annual
appropriations act restrictions. 10 U.S.C.
Frm 00048
Fmt 4702
Sfmt 4702
E:\FR\FM\07MYP1.SGM
07MYP1
]]>Agencies
[Federal Register Volume 75, Number 88 (Friday, May 7, 2010)]
[Proposed Rules]
[Pages 25165-25167]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-10762]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
[DFARS Case 2008-D027]
48 CFR Parts 215, 234, 242, and 252
Defense Federal Acquisition Regulation Supplement; Cost and
Software Data Reporting System
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Proposed rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: DoD proposes to amend the Defense Federal Acquisition
Regulation Supplement (DFARS) to set forth DoD Cost and Software Data
Reporting system requirements for major defense acquisition programs
and major automated information system programs.
DATES: Comments on the proposed rule should be submitted in writing to
the address shown below on or before July 6, 2010, to be considered in
the formation of the final rule.
ADDRESSES: You may submit comments, identified by DFARS Case 2008-D027,
using any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
E-mail: dfars@osd.mil. Include DFARS Case 2008-D027 in the
subject line of the message.
Fax: 703-602-0350.
Mail: Defense Acquisition Regulations System, Attn: Ms.
Mary Overstreet, OUSD(AT&L)DPAP(DARS), Room 3B855, 3060 Defense
Pentagon, Washington, DC 20301-3060.
Comments received generally will be posted without change to http:/
/
[[Page 25166]]
www.regulations.gov, including any personal information provided.
FOR FURTHER INFORMATION CONTACT: Ms. Mary Overstreet, 703-602-0311.
SUPPLEMENTARY INFORMATION:
A. Background
This rule proposes to amend the DFARS to set forth the DoD
requirement for offerors to:
Describe the standard Cost and Software Data Reporting
(CSDR) process offerors intend to use to satisfy the requirements of
the CSDR Manual, DoD 5000.04-M-1, and the Government-approved contract
CSDR plan, DD Form 2794, and the related Resource Distribution Table
(RDT), in proposals in response to solicitations for Major Defense
Acquisition Programs and Major Automated Information System programs;
Provide comments on the adequacy of the CSDR contract
plan, and the related Resource Distribution Table contained in the
solicitation; and,
Submit with their pricing proposal: the DD Form 1921, Cost
Data Summary Report; DD Form 1921-1, Functional Cost-Hour Report; and,
DD Form 1921-2, Progress Curve Report.
During contract performance, the contractor will be required to:
Utilize a documented standard Cost and Software Data
Reporting (CSDR) process that satisfies the guidelines contained in the
CSDR Manual DoD 5000.04-M-1;
Use management procedures that provide for generation of
timely and reliable information for the Contractor Cost Data Reports,
and Software Resources Data Reports;
Use the Government-approved contract CSDR plan, DD Form
2794, Cost and Software Data Reporting Plan with the related Resource
Distribution Table, and DD Form 1921-3, Contractor Business Data
Report, as the basis for reporting; and
Require subcontractors, or subcontracted effort if
subcontractors have not been selected, to comply with the Cost and
Software Data Reporting requirements.
This is not a significant regulatory action and therefore was not
subject to review under section 6(b) of Executive Order 12866,
Regulatory Planning and Review, dated September 30, 1993. This is not a
major rule.
B. Regulatory Flexibility Act
DoD has prepared an initial regulatory flexibility analysis
consistent with 5 U.S.C. 603. A copy of the analysis may be obtained
from the point of contact specified herein. The analysis is summarized
as follows:
The objective of the rule is to set forth Cost and Software Data
Reporting System reporting requirements that are essential for the DoD
to estimate the cost of current and future weapon systems. The reported
data will also be very useful in performing contract price analysis,
comparing prices of similar systems, and for capturing contractor-
provided cost estimates in standard formats to facilitate comparison
across several contractors. At this time, DoD is unable to estimate the
number of small entities to which this rule will apply.
DoD invites comments from small businesses and other interested
parties on the expected impact of this rule on small entities.
DoD will also consider comments from small entities concerning the
existing regulations in subparts affected by this rule in accordance
with 5 U.S.C. 610. Interested parties must submit such comments
separately and should cite U.S.C. 601 (DFARS Case 2008-D027) in
correspondence.
C. Paperwork Reduction Act
The information collection requirements under this proposed rule
were previously approved by the Office of Management and Budget, under
Clearance Number 0704-0188. The requirements of this proposed rule are
not expected to significantly change the burden hours approved under
Clearance Number 0704-0188.
List of Subjects in 48 CFR Parts 215, 234, 242, and 252
Government procurement.
Ynette R. Shelkin,
Editor, Defense Acquisition Regulations System.
Therefore, DoD proposes to amend 48 CFR parts 215, 234, 242, and
252 as follows:
1. The authority citation for 48 CFR parts 215, 234, 242, and 252
continues to read as follows:
Authority: 41 U.S.C. 421 and 48 CFR chapter 1.
PART 215--CONTRACTING BY NEGOTIATION
215.403-5 [Removed]
2. Remove section 215.403-5.
PART 234--MAJOR SYSTEM ACQUSITION
3. Add subpart 234.71 to read as follows:
Subpart 234.71--Cost and Software Data Reporting
Sec.
234.7100 Policy.
234.7101 Solicitation provision and contract clause.
Subpart 234.71--Cost and Software Data Reporting
234.7100 Policy.
(a) The Cost and Software Data Reporting (CSDR) requirement is
mandatory for major defense acquisition programs (as defined in 10
U.S.C. 2430), and major automated information system programs (as
defined in 10 U.S.C. 2445a) as specified in DoDI 5000.02, Operation of
the Defense Acquisition System and the DoD 5000.04-M-1, CSDR Manual.
The CSDR system is applied in accordance with the reporting
requirements established in DoDI 5000.02.
(b) Prior to contract award, Contracting Officers shall consult
with the Defense Cost and Resource Center to determine that the offeror
selected for award has proposed a standard Cost and Software Data
Reporting (CSDR) system, as described in the offeror's proposal in
response to the provision at 252.234-70XX, that is in compliance with
DoDI 5000.02, Operation of the Defense Acquisition System, and the DoD
5000.04-M-1, CSDR Manual.
(c) The Defense Cost and Resource Center contact information is
located at PGI 234.7100.
234.7101 Solicitation provision and contract clause.
(a) Use the provision at 252.234-70XX, Notice of Cost and Software
Data Reporting System, in all solicitations for major defense
acquisition programs and major automated information system programs
that exceed $50 million. The clause may also be used on selected
contracts below $50 million, but greater than $20 million as determined
by the DoD program manager with the approval of the Defense Cost and
Resource Center (see PGI 234.7100).
(b) Use the clause at 252.234-70YY, Cost and Software Data
Reporting (CSDR), in all solicitations and contracts for major defense
acquisition programs and major automated information system programs
that exceed $20 million. The clause may also be used for the CSDR
Software Resources Data Reporting requirement on selected contracts
below $20 million as determined by the DoD program manager with the
approval of the Defense Cost and Resource Center (see PGI 234.7100).
[[Page 25167]]
PART 242--CONTRACT ADMINISTRATION AND AUDIT SERVICES
4. Revise section 242.503-2 to read as follows:
242.503-2 Postaward conference procedure.
(a) DD Form 1484, Post-Award Conference Record, may be used in
conducting the conference and in preparing the conference report.
(b) For contracts that include the clause at 252.234-70YY,
postaward conferences shall include a discussion of the Contractor's
standard Cost and Software Data Reporting (CSDR) process that satisfies
the guidelines contained in the CSDR Manual DoD 5000.04-M-1 and the
requirements in the Government approved contract CSDR plan, DD Form
2794, Cost and Software Data Reporting Plan and related Resource
Distribution Table, and DD Form 1921-3, Contractor Business Data
Report.
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
5. Add section 252.234-70XX to read as follows:
252.234 70XX Notice of Cost and Software Data Reporting System.
As prescribed in 234.7101(a), use the following provision:
NOTICE OF COST AND SOFTWARE DATA REPORTING SYSTEM (DATE)
(a) The offeror shall--
(1) Describe the standard Cost and Software Data Reporting
(CSDR) process that it intends to use to satisfy the requirements of
the CSDR Manual, DoD 5000.04-M-1, and the Government-approved
contract CSDR plan, DD Form 2794 and related Resource Distribution
Table contained in the solicitation. For Contractor Cost and Data
Reporting (CCDR) application, the description will demonstrate how
reports are based, to the maximum extent possible, upon actual cost
transactions and not cost allocations. The description will also
show how the data from the offeror's accounting system will be
mapped into the standard reporting categories required in the
Contractor CCDR data item descriptions. The document shall also
describe how the offeror segregates recurring and nonrecurring
costs;
(2) Provide comments on the adequacy of the CSDR contract plan
and related Resource Distribution Table contained in the
solicitation; and
(3) Submit the DD Form 1921, Cost Data Summary Report, DD Form
1921-1, Functional Cost-Hour Report, and DD Form 1921-2, Progress
Curve Report, with its pricing proposal.
(b) The offeror shall identify the subcontractors or the
subcontracted effort, if the subcontractors have not been selected,
to whom the CSDR requirements will apply. This will be accomplished
by providing comments on the Resource Distribution Table contained
in the solicitation. The offeror shall be responsible for ensuring
the selected subcontractors comply with the requirements of the CSDR
System. The offeror shall also be responsible for notifying the
Government prior to changes in subcontractor or planned subcontract
circumstances affecting CSDR compliance.
(End of provision)
6. Add section 252.234-70YY to read as follows:
252.234 70YY Cost and Software Data Reporting System.
As prescribed in 234.7101(b), use the following clause:
COST AND SOFTWARE DATA REPORTING SYSTEM (DATE)
(a) In the performance of this contract, the Contractor shall
use--
(1) A documented standard Cost and Software Data Reporting
(CSDR) process that satisfies the guidelines contained in the CSDR
Manual DoD 5000.04-M-1;
(2) Management procedures that provide for generation of timely
and reliable information for the Contractor Cost Data Reports
(CCDRs) and Software Resources Data Reports (SRDRs) required by the
CCDR and SRDR data items of the contract. These procedures will also
maximize use of actual cost transactions rather than cost
allocations; and
(3) The Government-approved contract CSDR plan, DD Form 2794,
Cost and Software Data Reporting Plan and related Resource
Distribution Table, and DD Form 1921-3, Contractor Business Data
Report, as the basis for reporting in accordance with the required
CSDR data item descriptions (DIDs).
(b) The Contractor shall require the following subcontractors to
comply with the CSDR requirements:
(Contracting Officer to insert names of subcontractors (or
subcontracted effort if subcontractors have not been selected)
designated for application of the CSDR requirement of the clause.)
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(End of clause)
[FR Doc. 2010-10762 Filed 5-6-10; 8:45 am]
BILLING CODE 5001-08-P
