Defense Federal Acquisition Regulation Supplement; Contract Authority for Advanced Component Development or Prototype Units (DFARS Case 2009-D034), 71562-71563 [2010-29498]
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Federal Register / Vol. 75, No. 226 / Wednesday, November 24, 2010 / Rules and Regulations
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. The two principal
components of the CSDR system are
contractor cost data reporting and
software resources data reporting.
(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 CSDR
system, as described in the offeror’s
proposal in response to the provision at
252.234–7003, that is in compliance
with DoDI 5000.02, Operation of the
Defense Acquisition System, and the
DoD 5000.04–M–1, CSDR Manual.
(c) Contact information for the
Defense Cost and Resource Center and
the Deputy Director, Cost Assessment, is
located at PGI 234.7100.
234.7101 Solicitation provision and
contract clause.
(a)(1) Use the provision at 252.234–
7003, Notice of Cost and Software Data
Reporting System, in all solicitations
that include the clause at 252.234–7004,
Cost and Software Data Reporting.
(2) Use the provision with its
Alternate I when the clause at 252.234–
7004, Cost and Software Data Reporting,
is used with its Alternate I.
(b)(1) Use the clause at 252.234–7004,
Cost and Software Data Reporting
System, in all solicitations and contracts
for major defense acquisition programs
and major automated information
system programs that exceed $50
million.
(2) Use the clause with its Alternate
I in solicitations and contracts for major
defense acquisition programs and major
automated information system programs
with a value equal to or greater than $20
million but less than or equal to $50
million, when so directed by the
program manager with the approval of
the OSD Deputy Director, Cost
Assessment.
PART 242—CONTRACT
ADMINISTRATION AND AUDIT
SERVICES
4. Designate the current text of section
242.503–2 as paragraph (a) and add new
paragraph (b) to read as follows:
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■
242.503–2 Postaward conference
procedure.
*
*
*
*
*
(b) For contracts that include the
clause at 252.234–7004, Cost and
Software Data Reporting, postaward
conferences shall include a discussion
of the contractor’s standard cost and
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16:38 Nov 23, 2010
Jkt 223001
software data reporting (CSDR) process
that satisfies the guidelines contained in
the DoD 5000.04–M–1, CSDR Manual,
and the requirements in the
Government-approved CSDR plan for
the contract, DD Form 2794, and related
Resource Distribution Table.
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
5. Add section 252.234–7003 to read
as follows:
■
252.234–7003 Notice of Cost and Software
Data Reporting System. (NOV 2010)
As prescribed in 234–7101(a)(1), use
the following provision:
NOTICE OF COST AND SOFTWARE
DATA REPORTING SYSTEM (NOV
2010)
(a) This solicitation includes—
(1) The Government-approved cost and
software data reporting (CSDR) plan for the
contract, DD Form 2794; and
(2) The related Resource Distribution
Table.
(b) As part of its proposal, the offeror
shall—
(1) Describe the process to be used to
satisfy the requirements of the DoD 5000.04–
M–1, CSDR Manual, and the Governmentapproved CSDR plan for the proposed
contract;
(2) Demonstrate how contractor cost and
data reporting (CCDR) will be based, to the
maximum extent possible, upon actual cost
transactions and not cost allocations;
(3) Demonstrate how the data from its
accounting system will be mapped into the
standard reporting categories required in the
CCDR data item descriptions;
(4) Describe how recurring and
nonrecurring costs will be segregated;
(5) Provide comments on the adequacy of
the CSDR contract plan and related Resource
Distribution Table; and
(6) Submit the DD Form 1921, Cost Data
Summary Report, and DD Form 1921–1,
Functional Cost-Hour Report, with its pricing
proposal.
(c) CSDR reporting will be required for
subcontractors at any tier with a subcontract
that exceeds $50 million. The offeror shall
identify, by providing comments on the
Resource Distribution Table, the
subcontractors, or, if the subcontractors have
not been selected, the subcontracted effort in
this category.
(End of provision)
Alternate I (NOV 2010). As prescribed
in 234.7101(a)(2), substitute the
following paragraph (c) for paragraph (c)
of the basic provision:
(c) CSDR reporting will be required for
subcontractors for selected subcontracts
identified in the CSDR contract plan as
requiring such reporting. The offeror shall
identify, by providing comments on the
Resource Distribution Table, the
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subcontractors, or, if the subcontractors have
not been selected, the subcontracted effort.
6. Add section 252.234–7004 to read
as follows:
■
252.234–7004 Cost and Software Data
Reporting System. (NOV 2010)
As prescribed in 234.7101(b)(1), use
the following clause:
COST AND SOFTWARE DATA
REPORTING SYSTEM (NOV 2010)
(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 DoD
5000.04–M–1, CSDR Manual;
(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 this contract; and
(3) The Government-approved CSDR plan
for this contract, DD Form 2794, and the
related Resource Distribution Table as the
basis for reporting in accordance with the
required CSDR data item descriptions.
(b) The Contractor shall require CSDR
reporting from subcontractors at any tier with
a subcontract that exceeds $50 million. If, for
subcontracts that exceed $50 million, the
Contractor changes subcontractors or makes
new subcontract awards, the Contractor shall
notify the Government.
(End of clause)
Alternate I (NOV 2010). As prescribed
in 234.7101(b)(2), substitute the
following paragraph (b) for paragraph
(b) of the basic clause:
(b) The Contractor shall require CSDR
reporting from selected subcontractors
identified in the CSDR contract plan as
requiring such reporting. If the Contractor
changes subcontractors or makes new awards
for selected subcontract effort, the Contractor
shall notify the Government.
[FR Doc. 2010–29496 Filed 11–23–10; 8:45 am]
BILLING CODE 5001–08–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 217, 234, and 235
RIN 0750–AG76
Defense Federal Acquisition
Regulation Supplement; Contract
Authority for Advanced Component
Development or Prototype Units
(DFARS Case 2009–D034)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Confirmation of interim final
rule.
AGENCY:
E:\FR\FM\24NOR1.SGM
24NOR1
Federal Register / Vol. 75, No. 226 / Wednesday, November 24, 2010 / Rules and Regulations
DoD is adopting as final, with
a minor change, an interim rule
amending the DFARS to implement
section 819 of the National Defense
Authorization Act for Fiscal Year 2010.
Section 819 places limitations on
certain types of line items and contract
options that may be included in
contracts initially awarded pursuant to
competitive solicitations.
DATES: Effective Date: November 24,
2010.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Ms.
Meredith Murphy, 703–602–1302.
SUPPLEMENTARY INFORMATION:
I. Background
DoD published an interim rule in the
Federal Register at 75 FR 32638 on June
8, 2010, to implement section 819 of the
National Defense Authorization Act for
Fiscal Year 2010. The interim rule
added coverage at DFARS 217.202 and
234.005–1. The intent of the statute is to
prevent a contract for new technology
that is initially awarded as a result of
competition, from becoming a
noncompetitive effort for the
development of advance components or
the procurement of prototype units. The
DFARS implementation places specific
limits, in accordance with the statute,
on the dollar value, period of
performance, and time for exercise of
contract line items or contract options
for such contracts.
The comment period closed on
August 9, 2010. A single comment was
received in response to the interim rule.
The respondent commented that
including the change in DFARS part 234
will result in users following this
requirement only when procuring major
systems. This issue was raised during
the preparation of the interim rule. DoD
confirmed that part 234 is the optimal
location, but has added to DFARS part
235, Research and Development
Contracting, a second cross-reference to
the part 234 coverage.
II. Executive Order 12866
Specifically, the final rule implements
section 819 of the National Defense
Authorization Act for Fiscal Year 2010.
Section 819 places limitations on
certain types of line items and contract
options that may be included in
contracts initially awarded pursuant to
competitive solicitations. When the
prohibition applies, it limits the dollar
value, period of performance, and time
for exercise of such contract line items
or contract options. The intent of the
final rule is to prevent a contract for
new technology that is initially awarded
as a result of competition from
becoming a noncompetitive effort for
the development of advanced
components or the procurement of
prototype units.
IV. Paperwork Reduction Act
The Paperwork Reduction Act does
not apply because the final 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 217,
234, and 235
Government procurement.
Clare M. Zebrowski,
Editor, Defense Acquisition Regulations
System.
Interim Rule Adopted as Final With
Changes
Accordingly, the interim rule
amending 48 CFR parts 217 and 234,
which was published in the Federal
Register at 75 FR 32638 on June 8, 2010,
is adopted as final with the following
changes:
■ 1. The authority citation for 48 CFR
parts 217, 234, and 235 continues to
read as follows:
■
Authority: 41 U.S.C. 421 and 48 CFR
chapter 1.
PART 235—RESEARCH AND
DEVELOPMENT CONTRACTING
III. Regulatory Flexibility Act
jlentini on DSKJ8SOYB1PROD with RULES
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
rule is not a major rule under 5 U.S.C.
804.
See 234.005–1 for limitations on the
use of contract line items or contract
options for the provision of advanced
component development or prototypes
of technology developed under a
competitively awarded proposal.
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 changes are to internal
Government operating procedures.
VerDate Mar<15>2010
16:38 Nov 23, 2010
Jkt 223001
2. Section 235.006–71 is added to
subpart 235.006 to read as follows:
■
235.006–71
Competition.
[FR Doc. 2010–29498 Filed 11–23–10; 8:45 am]
BILLING CODE 5001–08–P
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71563
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Part 237
Defense Federal Acquisition
Regulation Supplement; Services of
Senior Mentors (DFARS Case 2010–
D025)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
DoD is issuing a final rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to implement DoD policy on
the services of senior mentors.
DATES: Effective: November 24, 2010.
FOR FURTHER INFORMATION CONTACT: Ms.
Meredith Murphy, 703–602–1302,
Defense Acquisition Regulations
System, OUSD (AT&L) DPAP/DARS,
3060 Defense Pentagon, Room 3B855,
Washington, DC 20301–3060.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
This DFARS case is implementing the
DoD policy on the services of senior
mentors. These policies are set forth in
two memoranda:
• Secretary of Defense Memorandum
entitled ‘‘Policy on Senior Mentors,’’
dated April 1, 2010; and
• Deputy Secretary of Defense
Memorandum entitled ‘‘Implementation
Guidance on Senior Mentor Policy,’’
dated July 8, 2010.
This case is being published as a final
rule because the policy changes have
already been established by the
Secretary of Defense and the Deputy
Secretary of Defense in their policy
memoranda. The DFARS language
incorporated by this rule is
implementing the policy established in
the memoranda, which impacts internal
DoD operations with no impact on the
public. Therefore, publication for public
comments is not necessary.
II. Discussion
Senior mentors are retired flag,
general, or other military officers or
retired senior civilian officials who
provide expert experience-based
mentoring, teaching, training, advice,
and recommendations to senior military
officers, staff, and students as they
participate in war games, warfighting
courses, operational planning,
operational exercises, and decisionmaking exercises. The relevant prior
service, joint force experience, and
E:\FR\FM\24NOR1.SGM
24NOR1
]]>Agencies
[Federal Register Volume 75, Number 226 (Wednesday, November 24, 2010)]
[Rules and Regulations]
[Pages 71562-71563]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-29498]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 217, 234, and 235
RIN 0750-AG76
Defense Federal Acquisition Regulation Supplement; Contract
Authority for Advanced Component Development or Prototype Units (DFARS
Case 2009-D034)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Confirmation of interim final rule.
-----------------------------------------------------------------------
[[Page 71563]]
SUMMARY: DoD is adopting as final, with a minor change, an interim rule
amending the DFARS to implement section 819 of the National Defense
Authorization Act for Fiscal Year 2010. Section 819 places limitations
on certain types of line items and contract options that may be
included in contracts initially awarded pursuant to competitive
solicitations.
DATES: Effective Date: November 24, 2010.
FOR FURTHER INFORMATION CONTACT: Ms. Meredith Murphy, 703-602-1302.
SUPPLEMENTARY INFORMATION:
I. Background
DoD published an interim rule in the Federal Register at 75 FR
32638 on June 8, 2010, to implement section 819 of the National Defense
Authorization Act for Fiscal Year 2010. The interim rule added coverage
at DFARS 217.202 and 234.005-1. The intent of the statute is to prevent
a contract for new technology that is initially awarded as a result of
competition, from becoming a noncompetitive effort for the development
of advance components or the procurement of prototype units. The DFARS
implementation places specific limits, in accordance with the statute,
on the dollar value, period of performance, and time for exercise of
contract line items or contract options for such contracts.
The comment period closed on August 9, 2010. A single comment was
received in response to the interim rule. The respondent commented that
including the change in DFARS part 234 will result in users following
this requirement only when procuring major systems. This issue was
raised during the preparation of the interim rule. DoD confirmed that
part 234 is the optimal location, but has added to DFARS part 235,
Research and Development Contracting, a second cross-reference to the
part 234 coverage.
II. Executive Order 12866
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 rule is
not a major rule under 5 U.S.C. 804.
III. 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 changes are to internal Government operating procedures.
Specifically, the final rule implements section 819 of the National
Defense Authorization Act for Fiscal Year 2010. Section 819 places
limitations on certain types of line items and contract options that
may be included in contracts initially awarded pursuant to competitive
solicitations. When the prohibition applies, it limits the dollar
value, period of performance, and time for exercise of such contract
line items or contract options. The intent of the final rule is to
prevent a contract for new technology that is initially awarded as a
result of competition from becoming a noncompetitive effort for the
development of advanced components or the procurement of prototype
units.
IV. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the final 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 217, 234, and 235
Government procurement.
Clare M. Zebrowski,
Editor, Defense Acquisition Regulations System.
Interim Rule Adopted as Final With Changes
0
Accordingly, the interim rule amending 48 CFR parts 217 and 234, which
was published in the Federal Register at 75 FR 32638 on June 8, 2010,
is adopted as final with the following changes:
0
1. The authority citation for 48 CFR parts 217, 234, and 235 continues
to read as follows:
Authority: 41 U.S.C. 421 and 48 CFR chapter 1.
PART 235--RESEARCH AND DEVELOPMENT CONTRACTING
0
2. Section 235.006-71 is added to subpart 235.006 to read as follows:
235.006-71 Competition.
See 234.005-1 for limitations on the use of contract line items or
contract options for the provision of advanced component development or
prototypes of technology developed under a competitively awarded
proposal.
[FR Doc. 2010-29498 Filed 11-23-10; 8:45 am]
BILLING CODE 5001-08-P
