215.404-71-4 Facilities capital employed. ( a ) *Description.* This factor focuses on encouraging and rewarding capital investment in facilities that benefit DoD. It recognizes both the facilities capital that the contractor will employ in contract performance and the contractor's commitment to improving productivity.
( b ) *Contract facilities capital estimates.* The contracting officer shall estimate the facilities capital cost of money and capital employed using— ( 1 ) An analysis of the appropriate Forms CASB-CMF and cost of money factors (48 CFR 9904.414 and FAR 31.205-10); and
( 2 ) DD Form 1861, Contract Facilities Capital Cost of Money.
( c ) *Use of DD Form 1861.* See PGI 215.404-71-4(c) for obtaining field pricing support for preparing DD Form 1861. ( 1 ) *Purpose.* The DD Form 1861 provides a means of linking the Form CASB-CMF and DD Form 1547, Record of Weighted Guidelines Application. It— ( i ) Enables the contracting officer to differentiate profit objectives for various types of assets (land, buildings, equipment). The procedure is similar to applying overhead rates to appropriate overhead allocation bases to determine contract overhead costs.
( ii ) Is designed to record and compute the contract facilities capital cost of money and capital employed which is carried forward to DD Form 1547.
( 2 ) *Completion instructions.* Complete a DD Form 1861 only after evaluating the contractor's cost proposal, establishing cost of money factors, and establishing a prenegotiation objective on cost. Complete the form as follows: ( i ) List overhead pools and direct-charging service centers (if used) in the same structure as they appear on the contractor's cost proposal and Form CASB-CMF. The structure and allocation base units-of-measure must be compatible on all three displays.
( ii ) Extract appropriate contract overhead allocation base data, by year, from the evaluated cost breakdown or prenegotiation cost objective and list against each overhead pool and direct-charging service center.
( iii ) Multiply each allocation base by its corresponding cost of money factor to get the facilities capital cost of money estimated to be incurred each year. The sum of these products represents the estimated contract facilities capital cost of money for the year's effort.
( iv ) Total contract facilities cost of money is the sum of the yearly amounts.
( v ) Since the facilities capital cost of money factors reflect the applicable cost of money rate in Column 1 of Form CASB-CMF, divide the contract cost of money by that same rate to determine the contract facilities capital employed.
( d ) *Preaward facilities capital applications.* To establish cost and price objectives, apply the facilities capital cost of money and capital employed as follows: ( 1 ) *Cost of Money.* ( i ) *Cost Objective.* Use the imputed facilities capital cost of money, with normal, booked costs, to establish a cost objective or the target cost when structuring an incentive type contract. Do not adjust target costs established at the outset even though actual cost of money rates become available during the period of contract performance.
( ii ) *Profit Objective.* When measuring the contractor's effort for the purpose of establishing a prenegotiation profit objective, restrict the cost base to normal, booked costs. Do not include cost of money as part of the cost base.
( 2 ) *Facilities Capital Employed.* Assess and weight the profit objective for risk associated with facilities capital employed in accordance with the profit guidelines at 215.404-71-4.
( e ) *Determination.* The following extract from the DD Form 1547 has been annotated to explain the process. Item
Contractor facilities capital employed
Assigned value
Amount employed
Profit objective 26
Land
N/A
(2)
N/A 27
Buildings
N/A
(2)
N/A 28
Equipment
(1)
(2)
(3)
( 1 ) Select a value from the list in paragraph (f) of this subsection using the evaluation criteria in paragraph (g) of this subsection.
( 2 ) Use the allocated facilities capital attributable to land, buildings, and equipment, as derived in DD Form 1861, Contract Facilities Capital Cost of Money. ( i ) In addition to the net book value of facilities capital employed, consider facilities capital that is part of a formal investment plan if the contractor submits reasonable evidence that— ( A ) Achievable benefits to DoD will result from the investment; and
( B ) The benefits of the investment are included in the forward pricing structure.
( ii ) If the value of intracompany transfers has been included in Block 20 at cost (i.e., excluding general and administrative (G&A) expenses and profit), add to the contractor's allocated facilities capital, the allocated facilities capital attributable to the buildings and equipment of those corporate divisions supplying the intracompany transfers. Do not make this addition if the value of intracompany transfers has been included in Block 20 at price (i.e., including G&A expenses and profit).
( 3 ) Multiply (1) by (2).
( f ) *Values: Normal and designated ranges.* Asset type
Normalvalue(percent)
Designatedrange Land
0
N/A Buildings
0
N/A Equipment
17.5
10 to 25
( g ) *Evaluation criteria.* ( 1 ) In evaluating facilities capital employed, the contracting officer— ( i ) Should relate the usefulness of the facilities capital to the goods or services being acquired under the prospective contract;
( ii ) Should analyze the productivity improvements and other anticipated industrial base enhancing benefits resulting from the facilities capital investment, including— ( A ) The economic value of the facilities capital, such as physical age, undepreciated value, idleness, and expected contribution to future defense needs; and
( B ) The contractor's level of investment in defense related facilities as compared with the portion of the contractor's total business that is derived from DoD; and
( iii ) Should consider any contractual provisions that reduce the contractor's risk of investment recovery, such as termination protection clauses and capital investment indemnification.
( 2 ) *Above normal conditions.* ( i ) The contracting officer may assign a higher than normal value if the facilities capital investment has direct, identifiable, and exceptional benefits. Indicators are— ( A ) New investments in state-of-the-art technology that reduce acquisition cost or yield other tangible benefits such as improved product quality or accelerated deliveries; or
( B ) Investments in new equipment for research and development applications.
( ii ) The contracting officer may assign a value significantly above normal when there are direct and measurable benefits in efficiency and significantly reduced acquisition costs on the effort being priced. Maximum values apply only to those cases where the benefits of the facilities capital investment are substantially above normal.
( 3 ) *Below normal conditions.* ( i ) The contracting officer may assign a lower than normal value if the facilities capital investment has little benefit to DoD. Indicators are— ( A ) Allocations of capital apply predominantly to commercial product lines;
( B ) Investments are for such things as furniture and fixtures, home or group level administrative offices, corporate aircraft and hangars, gymnasiums; or
( C ) Facilities are old or extensively idle.
( ii ) The contracting officer may assign a value significantly below normal when a significant portion of defense manufacturing is done in an environment characterized by outdated, inefficient, and labor-intensive capital equipment.
[63 FR 55040, Oct. 14, 1998, as amended at 67 FR 20691, Apr. 26, 2002; 67 FR 49255, July 30, 2002; 71 FR 69494, Dec. 1, 2006; 72 FR 14239, Mar. 27, 2007; 73 FR 70906, Nov. 24, 2008; 88 FR 6583, Jan. 31, 2023]