Include the following clause in solicitations and resulting contracts, for which the Director, Defense Procurement and Acquisition Policy, has authorized for participation in the pilot program implementing section 899 of the National Defense Authorization Act for Fiscal Year 2016 (Pub. L. 114-92).
PILOT PROGRAM REGARDING RISK-BASED CONTRACTING FOR SMALLER CONTRACT ACTIONS (DEVIATION 2018-O0003)(DEC 2017)
(a) Under the authority of section 899 of the National Defense Authorization Act for Fiscal Year 2016 (Pub. L. 114-92) as implemented under class deviation 2018-O0003, Section 899 Pilot Program Regarding Risk-Based Contracting for Smaller Contract Actions, the threshold for submission of certified cost or pricing data in FAR 15.403-4 (currently $750,000), as referenced throughout this contract, is increased to $5,000,000.
(b) Unless the Contractor is otherwise exempt from the submission of certified cost or pricing data, the Head of Contracting Activity (HCA) may determine that the submission of certified cost or pricing data below the $5,000,000 threshold is necessary for the evaluation of the reasonableness of the price. If the HCA determines that certified cost or pricing data are required below this threshold, the Contracting Officer will notify the contractor of this determination prior to contract negotiations.
(c) As a condition of participating in this pilot program, in lieu of the submission of certified cost or pricing data below $5,000,000, the Contractor shall submit verifiable data documenting any savings (time or money) achieved as a result of this pilot within 3 months after award or modification of this contract.
(End of clause)