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FAR Overhaul - Part 52
Part 52 - Solicitation Provisions and Contract Clauses
Subpart 52.2 - Text of Provisions and Clauses
52.234-1 Industrial Resources Developed Under Title III, Defense Production Act.
Subpart 52.2 - Text of Provisions and Clauses
52.201-1 [Reserved]
52.210-1 Market Research.
As prescribed in 10.002 , insert the following clause:
Market Research (Deviation Date)
(a) Definition. As used in this clause—
Commercial product, commercial service, and nondevelopmental item have the meaning contained in Federal Acquisition Regulation (FAR) 2.101.
(b) Before awarding subcontracts for noncommercial acquisitions, where the subcontracts are over the simplified acquisition threshold, as defined in FAR 2.101 on the date of subcontract award, the Contractor shall conduct market research to determine, in the following order of priority, whether—
(1) A commercial product or commercial service can meet the agency's requirements;
(2) The requirements could be modified so the agency could use an existing commercial product or commercial service;
(3) A commercial product or commercial service could be modified to meet the agency's requirements; or
(4) The requirement can only be satisfied by a nondevelopmental item.
(End of clause)
52.234-1 Industrial Resources Developed Under Title III of the Defense Production Act.
As prescribed at 34.105 , insert the following clause:
Industrial Resources Developed Under Title III of the Defense Production Act (Deviation Date)
(a) Definitions.
Title III industrial resource means materials, services, processes, or manufacturing equipment (including the processes, technologies, and ancillary services for the use of such equipment) established or maintained under the authority of Title III of the Defense Production Act (50 U.S.C. 4531 et seq.).
Title III project contractor means a contractor that has received assistance for the development or manufacture of an industrial resource under Title III of the Defense Production Act (50 U.S.C. 4531 et seq.).
(b) The Contractor must refer any request from a Title III project contractor for testing and qualification of a Title III industrial resource to the Contracting Officer.
(c) The Contracting Officer will modify the contract to—
(1) Authorize testing and qualification of the Title III industrial resource; and
(2) Provide an equitable adjustment for the costs to test and qualify the Title III industrial resource.
(d) Upon receipt of a contract modification and the Title III industrial resources, the Contractor must—
(1) Test the Title III industrial resources for qualification; and,
(2) Provide the test results to the Defense Production Act Office, Title III Program, located at Wright Patterson Air Force Base, Ohio 45433-7739.
(e) The Contractor agrees to insert the substance of this clause, including paragraph (e), in every subcontract issued in performance of this contract.
(End of clause)
52.234-2 [Reserved]
52.234-3 [Reserved]
52.234-4 Earned Value Management System.
As prescribed in 34.203 , insert the following clause:
Earned Value Management System (Deviation Date)
(a) The Contractor must use an earned value management system (EVMS) that has been determined by the Cognizant Federal Agency (CFA) to be compliant with the guidelines in Electronic Industries Alliance Standard 748 (EIA-748) (current version at the time of award) to manage this contract. If the Contractor's current EVMS has not been determined compliant at the time of award, see paragraph (b) of this clause. The Contractor must submit EVMS reports as required by the contract.
(b) If the Contractor's EVM System is not compliant with the requirements in paragraph (a) of this clause, or the Contractor’s existing cost/schedule control system is not compliant with the guidelines in EIA-748 (current version at time of award), the Contractor must—
(1) Apply the current system to the contract; and
(2) Take necessary actions to meet the milestones in the Contractor's approved EVMS plan.
(c) The When an EVMS is required, the Government will conduct an Integrated Baseline Reviews (IBR). Agencies may require an additional IBR at—
(1) Exercise of significant options; or
(2) Incorporation of major modifications.
(d) Unless the CFA grants a waiver, Contractor-proposed EVMS changes require CFA approval prior to implementation.
(1) The CFA will notify the Contractor of its acceptance or rejection of the proposed EVMS changes within 30 days of receipt.
(2) If the CFA waives the advance approval requirements, the Contractor must disclose EVMS changes to the CFA at least 14 days prior to the effective date of implementation.
(e) The Contractor must provide the Government access to all pertinent records and data necessary to conduct surveillance and validate that the EVMS complies with the requirements in paragraph (a) of this clause for the duration of the contract.
(f) The Contractor must require the subcontractors specified below to comply with the requirements of this clause: [Insert list of applicable subcontractors.]
(End of clause)
This line-out document is the current text for FAR with markings to identify high level changes. The portions of the regulation that are proposed for removal are struck through.
This document is not a crosswalk to the new proposed FAR . To see the new proposed regulation for , view the content to the left.
