52.248-3 Value Engineering-Construction.

As prescribed in 48.202 , insert the following clause:

Value Engineering-Construction (Oct 2020)

(a) General. The Contractor is encouraged to develop, prepare, and submit value engineering change

proposals (VECP’s) voluntarily. The Contractor shall share in any instant contract savings realized

from accepted VECP’s, in accordance with paragraph (f) of this clause.

(b) Definitions. "Collateral costs," as used in this clause, means agency costs of operation,

maintenance, logistic support, or Government-furnished property.

Collateral savings, as used in this clause, means those measurable net reductions resulting from a

VECP in the agency’s overall projected collateral costs, exclusive of acquisition savings, whether or

not the acquisition cost changes.

Contractor’s development and implementation costs, as used in this clause, means those costs the

Contractor incurs on a VECP specifically in developing, testing, preparing, and submitting the VECP,

as well as those costs the Contractor incurs to make the contractual changes required by

Government acceptance of a VECP.

Government costs, as used in this clause, means those agency costs that result directly from

developing and implementing the VECP, such as any net increases in the cost of testing, operations,

maintenance, and logistic support. The term does not include the normal administrative costs of

processing the VECP.

Instant contract savings, as used in this clause, means the estimated reduction in Contractor cost of

performance resulting from acceptance of the VECP, minus allowable Contractor’s development and

implementation costs, including subcontractors’ development and implementation costs (see

paragraph (h) of this clause).

Value engineering change proposal (VECP) means a proposal that-

(1) Requires a change to this, the instant contract, to implement; and

(2) Results in reducing the contract price or estimated cost without impairing essential functions or

characteristics; provided, that it does not involve a change-

(i) In deliverable end item quantities only; or

(ii) To the contract type only.

(c) VECP preparation. As a minimum, the Contractor shall include in each VECP the information

described in paragraphs (c)(1) through (7) of this clause. If the proposed change is affected by

contractually required configuration management or similar procedures, the instructions in those

procedures relating to format, identification, and priority assignment shall govern VECP

preparation. The VECP shall include the following:

(1) A description of the difference between the existing contract requirement and that proposed, the

comparative advantages and disadvantages of each, a justification when an item’s function or
characteristics are being altered, and the effect of the change on the end item’s performance.

(2) A list and analysis of the contract requirements that must be changed if the VECP is accepted,

including any suggested specification revisions.

(3) A separate, detailed cost estimate for (i) the affected portions of the existing contract

requirement and (ii) the VECP. The cost reduction associated with the VECP shall take into account

the Contractor’s allowable development and implementation costs, including any amount

attributable to subcontracts under paragraph (h) of this clause.

(4) A description and estimate of costs the Government may incur in implementing the VECP, such

as test and evaluation and operating and support costs.

(5) A prediction of any effects the proposed change would have on collateral costs to the agency.

(6) A statement of the time by which a contract modification accepting the VECP must be issued in

order to achieve the maximum cost reduction, noting any effect on the contract completion time or

delivery schedule.

(7) Identification of any previous submissions of the VECP, including the dates submitted, the

agencies and contract numbers involved, and previous Government actions, if known.

(d) Submission. The Contractor shall submit VECP’s to the Resident Engineer at the worksite, with a

copy to the Contracting Officer.

(e) Government action.

(1) The Contracting Officer will notify the Contractor of the status of the VECP within 45 calendar

days after the contracting office receives it. If additional time is required, the Contracting Officer

will notify the Contractor within the 45-day period and provide the reason for the delay and the

expected date of the decision. The Government will process VECP’s expeditiously; however, it will

not be liable for any delay in acting upon a VECP.

(2) If the VECP is not accepted, the Contracting Officer will notify the Contractor in writing,

explaining the reasons for rejection. The Contractor may withdraw any VECP, in whole or in part, at

any time before it is accepted by the Government. The Contracting Officer may require that the

Contractor provide written notification before undertaking significant expenditures for VECP effort.

(3) Any VECP may be accepted, in whole or in part, by the Contracting Officer’s award of a

modification to this contract citing this clause. The Contracting Officer may accept the VECP, even

though an agreement on price reduction has not been reached, by issuing the Contractor a notice to

proceed with the change. Until a notice to proceed is issued or a contract modification applies a

VECP to this contract, the Contractor shall perform in accordance with the existing contract. The

decision to accept or reject all or part of any VECP is a unilateral decision made solely at the

discretion of the Contracting Officer.

(f) Sharing-

(1) Rates. The Government’s share of savings is determined by subtracting Government costs from

instant contract savings and multiplying the result by-
(i) 45 percent for fixed-price contracts; or

(ii) 75 percent for cost-reimbursement contracts.

(2) Payment. Payment of any share due the Contractor for use of a VECP on this contract shall be

authorized by a modification to this contract to-

(i) Accept the VECP;

(ii) Reduce the contract price or estimated cost by the amount of instant contract savings; and

(iii) Provide the Contractor’s share of savings by adding the amount calculated to the contract price

or fee.

(g) Collateral savings. If a VECP is accepted, the Contracting Officer will increase the instant

contract amount by 20 percent of any projected collateral savings determined to be realized in a

typical year of use after subtracting any Government costs not previously offset. However, the

Contractor’s share of collateral savings will not exceed the contract’s firm-fixed-price or estimated

cost, at the time the VECP is accepted, or $100,000, whichever is greater. The Contracting Officer is

the sole determiner of the amount of collateral savings.

(h) Subcontracts. The Contractor shall include an appropriate value engineering clause in any

subcontract of $75,000 or more and may include one in subcontracts of lesser value. In computing

any adjustment in this contract’s price under paragraph (f) of this clause, the Contractor’s allowable

development and implementation costs shall include any subcontractor’s allowable development and

implementation costs clearly resulting from a VECP accepted by the Government under this

contract, but shall exclude any value engineering incentive payments to a subcontractor. The

Contractor may choose any arrangement for subcontractor value engineering incentive payments;

provided, that these payments shall not reduce the Government’s share of the savings resulting from

the VECP.

(i) Data. The Contractor may restrict the Government’s right to use any part of a VECP or the

supporting data by marking the following legend on the affected parts:

These data, furnished under the Value Engineering-Construction clause of contract _____, shall not

be disclosed outside the Government or duplicated, used, or disclosed, in whole or in part, for any

purpose other than to evaluate a value engineering change proposal submitted under the clause.

This restriction does not limit the Government’s right to use information contained in these data if it

has been obtained or is otherwise available from the Contractor or from another source without

limitations.

If a VECP is accepted, the Contractor hereby grants the Government unlimited rights in the VECP

and supporting data, except that, with respect to data qualifying and submitted as limited rights

technical data, the Government shall have the rights specified in the contract modification

implementing the VECP and shall appropriately mark the data. (The terms "unlimited rights" and

"limited rights" are defined in part 27 of the Federal Acquisition Regulation.)

(End of clause)

Alternate I (Apr 1984). When the head of the contracting activity determines that the cost of

calculating and tracking collateral savings will exceed the benefits to be derived in a construction

contract, delete paragraph (g) from the basic clause and redesignate the remaining paragraphs
accordingly.

Parent topic: 52.248 [Reserved]