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DOD/DARC RIN: 0750-AI84 Publication ID: Spring 2018 
Title: Independent Research and Development Expenses (DFARS Case 2016-D017) 
Abstract:

DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement to ensure that substantial future independent research and development (IR&D) expenses, as a means to reduce evaluated bid prices in competitive source selections, are evaluated in a uniform way during competitive source selections.  This rule is intended to address situations when promised future IR&D expenditures (funded through allowable IR&D overhead expenses) are used to substantially reduce bid prices and gain a competitive advantages on competitive procurements.  As a result of this rule, DoD contracting officers will adjust the total evaluated price of major defense acquisition programs and major automated information systems proposals, for evaluation purposes only, to include the amount by which the offerors propose that future IR&D investments reduce the price of the proposals. 

Sixteen respondents submitted public comments in response to the proposed rule.  This rule is not expected to impose costs on offerors.

 
Agency: Department of Defense(DOD)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: Other 
CFR Citation: 48 CFR 215    48 CFR 252   
Legal Authority: 41 U.S.C. 1303   
Legal Deadline:  None
Timetable:
Action Date FR Cite
ANPRM  02/08/2016  81 FR 6488   
ANPRM Comment Period End  04/08/2016 
NPRM  11/04/2016  81 FR 78014   
NPRM Comment Period Extended  12/22/2016  81 FR 93878   
NPRM Comment Period Extended End  02/02/2017 
Final Action  10/00/2018 
Final Action Effective  10/00/2018 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Jennifer Hawes
Defense Acquisition Regulations System
Department of Defense
3060 Defense Pentagon, Room 3B941,
Washington, DC 20301-3060
Phone:571 372-6115
Email: jennifer.l.hawes2.civ@mail.mil