[Code of Federal Regulations]
[Title 48, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 48CFR48]

[Page 905-906]
 
            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, 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

[[Page 906]]

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 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]