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DFARS 252.212-7002 Pilot Program for Acquisition of Military-Purpose Nondevelopmental Items. Basic (Jun 2016)

As prescribed in 212.7103, Use the provision at 252.212-7002, Pilot Program for Acquisition of Military-Purpose Nondevelopmental Items, in solicitations when use of the pilot program is planned and the applicability criteria of 212.7102-1 are met.

212.7102-1  Contracts under the program.

The contracting officer may utilize this pilot program to enter into contracts for the acquisition of military-purpose nondevelopmental items. See PGI 212.7102 (DFARS/PGI view) for file documentation requirements. Each contract entered into under the pilot program shall—

      (a)  Be a firm-fixed-price contract, or a fixed-price contract with an economic price adjustment clause;

      (b)  Be in an amount not in excess of $100 million;

      (c)  Provide—

              (1)  For the delivery of an initial lot of production quantities of completed items not later than nine months after the date of the award of such contract; and

              (2)  That failure to make delivery as provided for under paragraph (c)(1) may result in termination for cause; and

      (d)  Be—

              (1)  Exempt from the requirement to submit certified cost or pricing data;

              (2)  Exempt from the cost accounting standards under 41 U.S.C. 1502; and

              (3)  Subject to the requirement to provide data other than certified cost or pricing data for the purpose of price reasonableness determinations.

PILOT PROGRAM FOR ACQUISITION OF MILITARY-PURPOSE NONDEVELOPMENTAL ITEMS (JUN 2016)

      (a)  Definitions.  As used in this provision—

“Military-purpose nondevelopmental item” means a nondevelopmental item that meets a validated military requirement, as determined in writing by the responsible program manager, and has been developed exclusively at private expense. An item shall not be considered to be developed at private expense if development of the item was paid for in whole or in part through—

              (1)  Independent research and development costs or bid and proposal costs, per the definition in FAR 31.205-18, that have been reimbursed directly or indirectly by a Federal agency or have been submitted to a Federal agency for reimbursement; or

              (2)  Foreign government funding.

“Nondevelopmental item” is defined in FAR 2.101 and also includes previously developed items of supply that require modifications other than those customarily available in the commercial marketplace if such modifications are consistent with the requirement at DFARS 212.7102-1(c)(1).

      (b)  Notice.  This is a procurement action under section 866 of the National Defense Authorization Act for Fiscal Year 2011, Pilot Program for Acquisition of Military-Purpose Nondevelopmental Items, as modified by section 892 of the National Defense Authorization Act for Fiscal Year 2016 (Pub. L. 114-92), and is subject to the limitations outlined in DFARS 212.7102

(End of provision)

NONE

Non-commercial items ✖ Sole-source ✖ R&D ✖ Subcontractor ✖ C/R ✖ Time and Materials ✖ Contracts ✖ Use in solicitations that plan to use the pilot program

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