Removal of a CDRL Requirement after award

[NEB]

I am trying to remove a CDRL requirement after contract award to determine the equitable adjustment. Since the data is not separately priced (NSP), I am having difficulty determining the value of the CDRL I want to remove. The Basis of Estimates (BOEs) from the original proposal are not clear on the hours that were bid for the task specific to this data.

Does anyone have any experience with this or suggestions? I am considering removing the requirement for the Program Unique Specification Document (PIDS), but need to know what equitable adjustment to request.

Any help you can offer would be greatly appreciated.

Thanks in advance.

[Guest Vern Edwards]

I am trying to remove a CDRL requirement after contract award to determine the equitable adjustment. Since the data is not separately priced (NSP), I am having difficulty determining the value of the CDRL I want to remove. The Basis of Estimates (BOEs) from the original proposal are not clear on the hours that were bid for the task specific to this data.

Does anyone have any experience with this or suggestions? I am considering removing the requirement for the Program Unique Specification Document (PIDS), but need to know what equitable adjustment to request.

Any help you can offer would be greatly appreciated. Thanks in advance.

Generally, if all you are doing is deleting a data item from a contract data requirements list, and you are not deleting the statement of work task(s) that produced the information that was to be contained in the item, then the equitable adjustment should equal the price (cost and profit) of (1) collating (but not obtaining or creating) the information that was to be included in the document, (2) formatting/typing and editing the document, and (3) printing and distributing the document in draft and final form--in short, the cost of preparing information for publication and publishing it. For more general information about pricing data items, see DD Form 1423, Instructions, Item 17. For detailed information, see DOD 5010.12-M, Procedures for the Acquisition and Management of Technical Data, Ch. 5, "Pricing of Data." The fundamental concept is "over and above." as explained in DOD 5010.12-M, C5.2.1:

The contractor will have to prepare certain data as a natural consequence of contract performance. Design, development, testing, and production tasks will generate certain data, whether or not a requirement is identified in a DD Form 1423 and delivery is requested. This factor is the basis for what is called the "over and above concept" for pricing data; the price paid for a data item will be based on what it costs the contractor to furnish that item, over and above the costs the contractor would incur if it were not required at all.

For pricing purposes, DOD 5010.12-M paragraph C5.3.3 and DD1423 group data items as described below:

C5.3.3. For each data item listed on the DD Form 1423, the contractor will specify one of the following price groups:

C5.3.3.1. GROUP I. Data that the contractor prepares to satisfy the Government's requirements. The contractor does not need this type of data to perform the rest of the contract. Price would be based on identifiable direct costs, overhead, general and administrative (G&A), and profit.

C5.3.3.2. GROUP II. Data essential to contract performance that must be reworked or amended to conform to Government requirements. The price for data in this group would be based on the direct cost to convert the original data to meet Government needs and to deliver it, plus allocable overhead, G&A, and profit.

C5.3.3.3. GROUP III. Data that the contractor must develop for the contractor's use and that requires no substantial change to conform to Government requirements on depth of content, format, frequency of submittal, preparation, and quality of data. Only the costs of reproducing, handling and delivery, plus overhead, G&A, and profit, are considered in pricing data in this group.

C5.3.3.4. GROUP IV. Data that the contractor has developed as part of the contractor's commercial business. Not much of this data is required and the cost is insignificant. The item should normally be coded "no charge." An example is a brochure or brief manual developed for commercial application that will be acquired in small quantities, and the added cost is too small to justify the expense of computing the charge that otherwise would go with the acquisition.

Your program unique spec, if based on MIL-STD 961E, is probably in Group II, but that ultimately depends on the S.O.W.