[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: 48CFR48]



[Page 918-920]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                CHAPTER 1--FEDERAL ACQUISITION REGULATION

 

PART 48_VALUE ENGINEERING--Table of Contents

 

                      Subpart 48.2_Contract Clauses

 

48.201  Clauses for supply or service contracts.





    (a) General. The contracting officer shall insert a value 

engineering clause in solicitations and contracts when the contract 

amount is expected to be $100,000 or more, except as specified in 

subparagraphs (1) through (5) and in paragraph (f) below. A value 

engineering clause may be included in contracts of lesser value if the 

contracting officer sees a potential for significant savings. Unless the 

chief of the contracting office authorizes its inclusion,



[[Page 919]]



the contracting officer shall not include a value engineering clause in 

solicitations and contracts--

    (1) For research and development other than full-scale development;

    (2) For engineering services from not-for-profit or nonprofit 

organizations;

    (3) For personal services (see subpart 37.1);

    (4) Providing for product or component improvement, unless the value 

engineering incentive application is restricted to areas not covered by 

provisions for product or component improvement;

    (5) For commercial products (see part 11) that do not involve 

packaging specifications or other special requirements or 

specifications; or

    (6) When the agency head has exempted the contract (or a class of 

contracts) from the requirements of part 48.

    (b) Value engineering incentive. To provide a value engineering 

incentive, the contracting officer shall insert the clause at 52.248-1, 

Value Engineering, in solicitations and contracts except as provided in 

paragraph (a) above (but see subparagraph (e)(1) below).

    (c) Value engineering program requirement. (1) If a mandatory value 

engineering effort is appropriate (i.e., if the contracting officer 

considers that substantial savings to the Government may result from a 

sustained value engineering effort of a specified level), the 

contracting officer shall use the clause with its Alternate I (but see 

subparagraph (e)(2) below).

    (2) The value engineering program requirement may be specified by 

the Government in the solicitation or, in the case of negotiated 

contracting, proposed by the contractor as part of its offer and 

included as a subject for negotiation. The program requirement shall be 

shown as a separately priced line item in the contract Schedule.

    (d) Value engineering incentive and program requirement. (1) If both 

a value engineering incentive and a mandatory program requirement are 

appropriate, the contracting officer shall use the clause with its 

Alternate II (but see subparagraph (e)(3) below).

    (2) The contract shall restrict the value engineering program 

requirement to well-defined areas of performance designated by line item 

in the contract Schedule. Alternate II applies a value engineering 

program to the specified areas and a value engineering incentive to the 

remaining areas of the contract.

    (e) Collateral savings computation not cost-effective. If the head 

of the contracting activity determines for a contract or class of 

contracts that the cost of computing and tracking collateral savings 

will exceed the benefits to be derived, the contracting officer shall 

use the clause with its--

    (1) Alternate III if a value engineering incentive is involved;

    (2) Alternate III and Alternate I if a value engineering program 

requirement is involved; or

    (3) Alternate III and Alternate II if both an incentive and a 

program requirement are involved.

    (f) Architect-engineering contracts. The contracting officer shall 

insert the clause at 52.248-2, Value Engineering--Architect-Engineer, in 

solicitations and contracts whenever the Government requires and pays 

for a specific value engineering effort in architect-engineer contracts. 

The clause at 52.248-1, Value Engineering, shall not be used in 

solicitations and contracts for architect-engineer services.

    (g) Engineering-development solicitations and contracts. For 

engineering-development solicitations and contracts, and solicitations 

and contracts containing low-rate-initial-production or early production 

units, the contracting officer must modify the clause at 52.248-1, Value 

Engineering, by--

    (1) Revising paragraph (i)(3)(i) of the clause by substituting ``a 

number equal to the quantity required to be delivered over a period of 

between 36 and 60 consecutive months (set at the discretion of the 

Contracting Officer for each VECP) that spans the highest planned 

production, based on planning and programming or production 

documentation at the time the VECP is accepted;'' for ``the number of 

future contract units scheduled for delivery during the sharing 

period;'' and

    (2) Revising the first sentence under paragraph (3) of the 

definition of ``acquisition savings'' by substituting ``a number equal 

to the quantity to be delivered over a period of between 36 and



[[Page 920]]



60 consecutive months (set at the discretion of the Contracting Officer 

for each VECP) that spans the highest planned production, based on 

planning and programming or production documentation at the time the 

VECP is accepted.'' for ``the number of future contract units in the 

sharing base.''

    (h) Extended production period solicitations and contracts. In 

solicitations and contracts for items requiring an extended period for 

production (e.g., ship construction, major system acquisition), if 

agency procedures prescribe sharing of future contract savings on all 

units to be delivered under contracts awarded during the sharing period 

(see 48.104-1(c)), the contracting officer must modify the clause at 

52.248-1, Value Engineering, by revising paragraph (i)(3)(i) of the 

clause and the first sentence under paragraph (3) of the definition of 

``acquisition savings'' by substituting ``under contracts awarded during 

the sharing period'' for ``during the sharing period.''



[48 FR 42443, Sept. 19, 1983, as amended at 54 FR 5057, Jan. 31, 1989; 

55 FR 3887, Feb. 5, 1990; 64 FR 51848, Sept. 24, 1999]