[Code of Federal Regulations]

[Title 48, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR30.201-5]



[Page 577-578]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                CHAPTER 1--FEDERAL ACQUISITION REGULATION

 

PART 30_COST ACCOUNTING STANDARDS ADMINISTRATION--Table of Contents

 

                  Subpart 30.2_CAS Program Requirements

 

Sec. 30.201-5  Waiver.



    (a) The head of the agency--

    (1) May waive the applicability of CAS for a particular contract or 

subcontract under the conditions listed in paragraph (b) of this 

subsection; and

    (2) Must not delegate this waiver authority to any official in the 

agency below the senior contract policymaking level.

    (b) The head of the agency may grant a waiver when one of the 

following conditions exists:

    (1) The contract or subcontract value is less than $15,000,000, and 

the head of the agency determines, in writing, that the segment of the 

contractor or subcontractor that will perform the contract or 

subcontract--

    (i) Is primarily engaged in the sale of commercial items; and

    (ii) Has no contracts or subcontracts that are subject to CAS.

    (2) The head of the agency determines that exceptional circumstances 

exist whereby a waiver of CAS is necessary to meet the needs of the 

agency. Exceptional circumstances exist only when the benefits to be 

derived from waiving the CAS outweigh the risk associated with the 

waiver. The determination that exceptional circumstances exist must--

    (i) Be set forth in writing; and

    (ii) Include a statement of the specific circumstances that justify 

granting the waiver.

    (c) When one of the conditions in paragraph (b) of this subsection 

exists, the request for waiver should include the following:

    (1) The amount of the proposed award.

    (2) A description of the contract or subcontract type (e.g., firm-

fixed-price, cost-reimbursement).

    (3) Whether the segment(s) that will perform the contract or 

subcontract has CAS-covered contracts or subcontracts.

    (4) A description of the item(s) being procured.

    (5) When the contractor or subcontractor will not accept the 

contract or subcontract if CAS applies, a statement to that effect.

    (6) Whether cost or pricing data will be obtained, and if so, a 

discussion of how the data will be used in negotiating the contract or 

subcontract price.

    (7) The benefits to the Government of waiving CAS.

    (8) The potential risk to the Government of waiving CAS.



[[Page 578]]



    (9) The date by which the waiver is needed.

    (10) Any other information that may be useful in evaluating the 

request.

    (d) When neither of the conditions in paragraph (b) of this 

subsection exists, the waiver request must be prepared in accordance 

with 48 CFR 9903.201-5(e) (FAR Appendix) and submitted to the CAS Board.

    (e) Each agency must report any waivers granted under paragraph (a) 

of this subsection to the CAS Board, on a fiscal year basis, not later 

than 90 days after the close of the Government's fiscal year.



[65 FR 36030, June 6, 2000]