Part 234 - MAJOR SYSTEM ACQUISITION

234.001 Definition.

234.003 Responsibilities.

234.004 Acquisition strategy.

234.005 General requirements.

234.005-1 Competition.

234.005-2 Mission-oriented solicitation.

Subpart 234.2 - EARNED VALUE MANAGEMENT SYSTEM

234.201 Policy.

234.203 Solicitation provisions and contract clause.

Subpart 234.70 - ACQUISITION OF MAJOR WEAPON SYSTEMS AS COMMERCIAL PRODUCTS

234.7000 Scope of subpart.

234.7001 Definition.

234.7002 Policy.

Subpart 234.71 - COST AND SOFTWARE DATA REPORTING

234.7100 Policy.

234.7101 Solicitation provision and contract clause.

Parent topic: Defense Federal Acquisition Regulation

234.001 Definition.

As used in this subpart—

“Acceptable earned value management system” and “earned value management system” are defined

in the clause at 252.234-7002 , Earned Value Management System.

“Production of major defense acquisition program” means the production and deployment of a major

system that is intended to achieve an operational capability that satisfies mission needs, or an

activity otherwise defined as Milestone C under Department of Defense Instruction 5000.02 or

related authorities.

“Significant deficiency” is defined in the clause at 252.234-7002 , Earned Value Management

System, and is synonymous with “noncompliance.”
234.003 Responsibilities.

DoDD 5000.01, The Defense Acquisition System, and DoDI 5000.02, Operation of the Adaptive

Acquisition Framework, contain the DoD implementation of OMB Circular A-109 and OMB Circular

A-11.

234.004 Acquisition strategy.

(1) See 209.570 for policy applicable to acquisition strategies that consider the use of lead system

integrators.

(2) Contract type.

(i) In accordance with section 818 of the National Defense Authorization Act for Fiscal Year 2007

(Pub. L. 109-364), for major defense acquisition programs at Milestone B—

(A) The milestone decision authority shall select, with the advice of the contracting officer, the

contract type for a development program at the time of Milestone B approval or, in the case of a

space program, Key Decision Point B approval;

(B) The basis for the contract type selection shall be documented in the acquisition strategy. The

documentation—

(1) Shall include an explanation of the level of program risk; and

(2) If program risk is determined to be high, shall outline the steps taken to reduce program risk and

the reasons for proceeding with Milestone B approval despite the high level of program risk; and

(C) If a cost-reimbursement type contract is selected, the contract file shall include the milestone

decision authority’s written determination that—

(1) The program is so complex and technically challenging that it would not be practicable to reduce

program risk to a level that would permit the use of a fixed-price type contract; and

(2) The complexity and technical challenge of the program is not the result of a failure to meet the

requirements of 10 U.S.C. 4251.

(ii) In accordance with section 811 of the National Defense Authorization Act for Fiscal Year 2013

(Pub. L. 112-239), the contracting officer shall—

(A) Not use cost-reimbursement line items for the acquisition of production of major defense

acquisition programs, unless the Under Secretary of Defense for Acquisition and Sustainment

(USDA&S)), or the milestone decision authority when the milestone decision authority is the service

acquisition executive of the military department that is managing the program, submits to the

congressional defense committees—

(1) A written certification that the particular cost-reimbursement line items are needed to provide a

required capability in a timely and cost effective manner; and

(2) An explanation of the steps taken to ensure that cost-reimbursement line items are used only to
achieve the purposes of the exception; and

(B) Include a copy of such congressional certification in the contract file.

(iii) See 216.301-3 for additional contract type approval requirements for cost-reimbursement

contracts.

(iv) For fixed-price incentive (firm target) contracts, contracting officers shall comply with the

guidance provided at PGI 216.403-1 (1)(ii)(B) and (C).

(3) The contracting officer shall include in solicitations for contracts for the technical maturation and

risk reduction phase, engineering and manufacturing development phase or production phase of a

weapon system, including embedded software—

(i) Clearly defined measurable criteria for engineering activities and design specifications for

reliability and maintainability provided by the program manager, or the comparable requiring

activity official performing program management responsibilities; or

(ii) Ensure a copy of the justification, executed by the program manager or the comparable requiring

activity official performing program management responsibilities for the decision that engineering

activities and design specifications for reliability and maintainability should not be a requirement, is

included in the contract file (10 U.S.C. 4328).

234.005 General requirements.

234.005-1 Competition.

A contract that is initially awarded from the competitive selection of a proposal resulting from a

broad agency announcement ( see 235.016) may contain a contract line item or contract option

using funds not limited to those identified in 235.016 for the development and demonstration or

initial production of technology developed under the contract, or the delivery of initial or additional

items if the item or a prototype thereof is created as the result of work performed under the contract

, only when it adheres to the following limitations:

(1) The contract line item or contract option shall be limited to the delivery of the minimal amount of

initial or additional items or prototypes that will allow for timely competitive solicitation and award

of a follow-on development or production contract for those items.

(2) The term of the contract line item or contract option shall be for not more than 2 years.

(3) The dollar value of the work to be performed pursuant to the contract line item or contract

option shall not exceed $100 million in fiscal year 2017 constant dollars. (10 U.S.C. 4004)

(4) See PGI 234.005-1 for guidance on providing, upon request, the benefits derived from use of this

competitive selection method.

234.005-2 Mission-oriented solicitation.

See 215.101-2 -70(b)(2) for the prohibition on the use of the lowest price technically acceptable
source selection process for engineering and manufacturing development of a major defense

acquisition program for which budgetary authority is requested beginning in fiscal year 2019.

Subpart 234.2 - EARNED VALUE MANAGEMENT SYSTEM

234.201 Policy.

(1) DoD applies the earned value management system requirement as follows:

(i) For cost or incentive contracts and subcontracts valued at $20,000,000 or more, the earned value

management system shall comply with the guidelines in the American National Standards

Institute/Electronic Industries Alliance Standard 748, Earned Value Management Systems

(ANSI/EIA-748).

(ii) For cost or incentive contracts and subcontracts valued at $50,000,000 or more, the contractor

shall have an earned value management system that has been determined by the cognizant Federal

agency to be in compliance with the guidelines in ANSI/EIA-748.

(iii) For cost or incentive contracts and subcontracts valued at less than $20,000,000—

(A) The application of earned value management is optional and is a risk-based decision;

(B) A decision to apply earned value management shall be documented in the contract file; and

(C) Follow the procedures at PGI 234.201 (1)(iii) for conducting a cost-benefit analysis.

(iv) For firm-fixed-price contracts and subcontracts of any dollar value—

(A) The application of earned value management is discouraged; and

(B) Follow the procedures at PGI 234.201 (1)(iv) for obtaining a waiver before applying earned value

management.

(2) When an offeror proposes a plan for compliance with the earned value management system

guidelines in ANSI/EIA-748, follow the review procedures at PGI 234.201 (2).

(3) The Defense Contract Management Agency is responsible for determining earned value

management system compliance when DoD is the cognizant Federal agency.

(4) See PGI 234.201 (3) for additional guidance on earned value management.

(5) The cognizant contracting officer, in consultation with the functional specialist and auditor,

shall—

(i) Determine the acceptability of the contractor‘s earned value management system and approve or

disapprove the system; and

(ii) Pursue correction of any deficiencies.

(6) In evaluating the acceptability of a contractor’s earned value management system, the

contracting officer, in consultation with the functional specialist and auditor, shall determine
whether the contractor’s earned value management system complies with the system criteria for an

acceptable earned value management system as prescribed in the clause at 252.234-7002 , Earned

Value Management System.

(7) Disposition of findings—

(i) Reporting of findings. The functional specialist or auditor shall document findings and

recommendations in a report to the contracting officer. If the functional specialist or auditor

identifies any significant deficiencies in the contractor’s earned value management system, the

report shall describe the deficiencies in sufficient detail to allow the contracting officer to

understand the deficiencies.

(ii) Initial determination. (A) The contracting officer shall review all findings and recommendations

and, if there are no significant deficiencies, shall promptly notify the contractor, in writing, that the

contractor’s earned value management system is acceptable and approved; or

(B) If the contracting officer finds that there are one or more significant deficiencies (as defined in

the clause at 252.234-7002 , Earned Value Management System) due to the contractor’s failure to

meet one or more of the earned value management system criteria in the clause at 252.234-7002 ,

the contracting officer shall—

(1) Promptly make an initial written determination of any significant deficiencies and notify the

contractor, in writing, providing a description of each significant deficiency in sufficient detail to

allow the contractor to understand the deficiencies;

(2) Request the contractor to respond, in writing, to the initial determination within 30 days; and

(3) Evaluate the contractor’s response to the initial determination, in consultation with the auditor

or functional specialist, and make a final determination.

(iii) Final determination. (A) The contracting officer shall make a final determination and notify the

contractor, in writing, that—

(1) The contractor’s earned value management system is acceptable and approved, and no

significant deficiencies remain, or

(2) Significant deficiencies remain. The notice shall identify any remaining significant deficiencies,

and indicate the adequacy of any proposed or completed corrective action. The contracting officer

shall—

(i) Request that the contractor, within 45 days of receipt of the final determination, either correct

the deficiencies or submit an acceptable corrective action plan showing milestones and actions to

eliminate the deficiencies;

(ii) Disapprove the system in accordance with the clause at 252.234-7002 , Earned Value

Management System, when initial validation is not successfully completed within the timeframe

approved by the contracting officer, or the contracting officer determines that the existing earned

value management system contains one or more significant deficiencies in high-risk guidelines in

ANSI/EIA-748 standards (guidelines 1, 3, 6, 7, 8, 9, 10, 12, 16, 21, 23, 26, 27, 28, 30, or 32). When

the contracting officer determines that the existing earned value management system contains one

or more significant deficiencies in one or more of the remaining 16 guidelines in ANSI/EIA-748

standards, the contracting officer shall use discretion to disapprove the system based on input

received from functional specialists and the auditor; and
(iii) Withhold payments in accordance with the clause at 252.242-7005 , Contractor Business

Systems, if the clause is included in the contract.

(B) Follow the procedures relating to monitoring a contractor's corrective action and the correction

of significant deficiencies at PGI 234.201 (7).

(8) System approval. The contracting officer shall promptly approve a previously disapproved earned

value management system and notify the contractor when the contracting officer determines that

there are no remaining significant deficiencies.

(9) Contracting officer notifications. The cognizant contracting officer shall promptly distribute

copies of a determination to approve a system, disapprove a system and withhold payments, or

approve a previously disapproved system and release withheld payments to the auditor; payment

office; affected contracting officers at the buying activities; and cognizant contracting officers in

contract administration activities.

234.203 Solicitation provisions and contract clause.

For cost or incentive contracts valued at $20,000,000 or more, and for other contracts for which

EVMS will be applied in accordance with 234.201 (1)(iii) and (iv)—

(1) Use the provision at 252.234-7001 , Notice of Earned Value Management System, instead of the

provisions at FAR 52.234-2, Notice of Earned Value Management System – Pre-Award IBR, and FAR

52.234-3, Notice of Earned Value Management System – Post-Award IBR, in the solicitation; and

(2) Use the clause at 252.234-7002 , Earned Value Management System, instead of the clause at

FAR 52.234-4, Earned Value Management System, in the solicitation and contract.

Subpart 234.70 - ACQUISITION OF MAJOR WEAPON

SYSTEMS AS COMMERCIAL PRODUCTS

234.7000 Scope of subpart.

This subpart—

(a) Implements 10 U.S.C. 3455; and

(b) Requires a determination by the Secretary of Defense and a notification to Congress before

acquiring a major weapon system as a commercial product.

234.7001 Definition.

As used in this subpart—

Major weapon system means a weapon system acquired pursuant to a major defense acquisition

program.
234.7002 Policy.

(a) Major weapon systems.

(1) A DoD major weapon system may be treated as a commercial product, or acquired under

procedures established for the acquisition of commercial products, only if—

(i) The Secretary of Defense determines that—

(A) The major weapon system is a commercial product as defined in FAR 2.101; and

(B) Such treatment is necessary to meet national security objectives; and

(ii) The congressional defense committees are notified at least 30 days before such treatment or

acquisition occurs. Follow the procedures at PGI 234.7002 .

(2) The authority of the Secretary of Defense to make a determination under paragraph (a)(1) of this

section may not be delegated below the level of the Deputy Secretary of Defense.

(b) Subsystems. A subsystem of a major weapon system (other than a commercially available off-theshelf item) shall be treated as a commercial product and acquired under procedures established for

the acquisition of commercial products if—

(1) The subsystem is intended for a major weapon system that is being acquired, or has been

acquired, under procedures established for the acquisition of commercial products in accordance

with paragraph (a) of this section; or

(2) The contracting officer determines in writing that the subsystem is a commercial product.

(c) Components and spare parts.

(1) A component or spare part for a major weapon system (other than a commercially available offthe-shelf item) may be treated as a commercial product only if—

(i) The component or spare part is intended for—

(A) A major weapon system that is being acquired, or has been acquired, under procedures

established for the acquisition of commercial products in accordance with paragraph (a) of this

section; or

(B) A subsystem of a major weapon system that is being acquired, or has been acquired, under

procedures established for the acquisition of commercial products in accordance with paragraph (b)

of this section; or

(ii) The contracting officer determines in writing that the component or spare part is a commercial

product.

(2) This paragraph (c) shall apply only to components and spare parts that are acquired by DoD

through a prime contract or a modification to a prime contract, or through a subcontract under a

prime contract or modification to a prime contract on which the prime contractor adds no, or

negligible, value.

(d) Relevant information. See 212.209(a) for requirements of 10 U.S.C. 3453 with regard to market
research.

(1) To the extent necessary to make a determination of price reasonableness, the contracting officer

shall require the offeror to submit prices paid for the same or similar commercial products under

comparable terms and conditions by both Government and commercial customers.

(2) If the contracting officer determines that the offeror cannot provide sufficient information

described in paragraph (d)(1) of this section to determine the reasonableness of price, the

contracting officer shall request the offeror to submit information on—

(i) Prices paid for the same or similar items under different terms and conditions;

(ii) Prices paid for similar levels of work or effort on related products or services;

(iii) Prices paid for alternative solutions or approaches; and

(iv) Other relevant information that can serve as the basis for a price reasonableness determination.

(3) If the contracting officer determines that the information submitted pursuant to paragraphs

(d)(1) and (2) of this section is not sufficient to determine the reasonableness of price, the

contracting officer shall request the offeror to submit other relevant information, including

uncertified cost data. However, no uncertified cost data may be required in any case in which there

are sufficient non-Government sales of the same item to establish reasonableness of price.

(4) An offeror shall not be required to submit information described in paragraph (d)(3) of this

section with regard to a commercially available off-the-shelf item. An offeror may be required to

submit such information with regard to any other item that was developed exclusively at private

expense only after the head of the contracting activity determines in writing that the information

submitted pursuant to paragraphs (d)(1) and (2) of this section is not sufficient to determine the

reasonableness of price.

(5) An offeror may submit information or analysis relating to the value of a commercial product to

aid in the determination of the reasonableness of the price of such commercial product. A

contracting officer may consider such information or analysis in addition to the information

submitted pursuant to paragraphs (d)(1) and (2) of this section. For additional guidance see PGI

234.7002(d)(5).

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. 4201) as specified in DoDI 5000.02, Operation of the

Adaptive Acquisition Framework 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 Adaptive Acquisition Framework , 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) Use the basic or the alternate of the provision at 252.234-7003, Notice of Cost and Software Data

Reporting System, in any solicitation that includes the basic or the alternate of the clause at

252.234-7004 , Cost and Software Data Reporting.

(1) Use the basic provision when the solicitation includes the clause at 252.234-7004 , Cost and

Software Data Reporting—Basic.

(2) Use the alternate I provision when the solicitation includes the clause at 252.234-7004 , Cost and

Software Data Reporting—Alternate I.

(b) Use the basic or the alternate of the clause at 252.234-7004 , Cost and Software Data Reporting

System, in solicitations that include major defense acquisition programs as follows:

(1) Use the basic clause in solicitations and contracts for major defense acquisition programs that

exceed $50 million.

(2) Use the alternate I clause in solicitations and contracts for major defense acquisition 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.