Use the following deviation clause in solicitations and resulting contracts or in a contract with a contract modification that the Director, Defense Pricing and Contracting/Price, Cost and Finance, has authorized for participation in the pilot program implementing Section 890 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2019 (Pub. L. 115-232), as amended by both section 825 of the NDAA for FY 2020 (Pub. L. 116-92) and section 818 of the NDAA for FY 2023 (Pub. L. 117-263).
PILOT PROGRAM TO ACCELERATE CONTRACTING AND PRICING PROCESSES (DEVIATION 2023-O0004) (JAN 2023)
(a) One or more contract actions under this acquisition is accomplished under the authority of section 890 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2019 (Pub. L. 115-232), as amended by both section 825 of the NDAA for FY 2020 (Pub. L. 116-92) and section 818 of the NDAA for FY 2023 (Pub. L. 117-263). The intent of this pilot program is to test the efficacy of basing price reasonableness determinations primarily on actual costs of performance for prior purchases of the same or similar products for the Department of Defense.
(b) As a condition of participating in this pilot program, the Contractor shall submit to the Contracting Officer the following:
(1) Verifiable data documenting any proposal preparation and negotiation support savings (time and money) achieved as a result of this pilot program. This data shall be provided—
(i) For contracts that are subject to the pilot program, within 3 months after contract award; or
(ii) For contract modifications that are subject to the pilot program, within 3 months after execution of the modification.
(2) The actual cost of performance for the contract action that was subject to the pilot program. This information shall be provided within 3 months after completion of performance of the part of the contract action that was subject to the pilot program.
(End of clause)
NONE