If my organization would like to see/obtain one of the reports listed on the DAL, does a separate CDRL have to be generated to acquire the full report? Or is the DAL the only means necessary to obtain the actual report on the list?
Would there be an extra charge for the Government to obtain the report, even though it has been generated in compliance with the work effort described in the SOW?
1. The DFARS references quoted below in pertinent part are applicable to this response.
DFARS 215.470 -- Estimated data prices
(b) When data are required
to be delivered under a contract, include DD Form 1423, Contract Data Requirements List [CDRL]
, in the solicitation.
DFARS 252.227-7027 -- Deferred Ordering of Technical Data or Computer Software (APR 1988)
In addition to technical data or computer software specified elsewhere in this contract to be delivered hereunder, the Government may, at any time during the performance of this contract or within a period of three (3) years after acceptance of all items (other than technical data or computer software) to be delivered under this contract or the termination of this contract, order any technical data or computer software generated in the performance of this contract or any subcontract hereunder
. When the technical data or computer software is ordered, the Contractor shall be compensated for converting the data or computer software into the prescribed form, for reproduction and delivery.
2. The reference cited below in pertinent part is also applicable to this response.
Data Accession List (DAL) Data Item Description, DI-MGMT-81453A dated 9/27/2007
https://dap.dau.mil/aap/Answer References/Contracting/111023 DI-MGMT-81453A.pdf
: The purpose of the Data Accession List (DAL) is to provide a medium for identifying
contractor internal data which has been generated by the contractor in compliance with the work effort described in the Statement of Work (SOW). The DAL is an index of the generated data that is made available upon request.
a. This data item is not
a substitute for standard data requirements that are contractually
3. As indicated in DFARS 215.470(b)
, DD Form 1423 consists of data that are required to be delivered under a contract. As stated in DAL DID DI-MGMT-81453A which is incorporated by reference in the DD Form 1423, the deliverable DAL simply identifies internal data generated by the contractor which the Government may request if the need arises. This DAL DID does not, in and of itself, require the delivery of such internally-developed data to the Government because of the statement in paragraph a. of DI-MGMT-81453A that: “This data item is not a substitute for standard data requirements that are contractually applied.”
4. Therefore in our opinion, the DAL cannot directly be used by the Government to compel the contractor to deliver any such internally generated data to the Government upon request. However, the express right to require the delivery of any data or software listed on the DAL that is not otherwise specified by an existing CDRL item can be found in contract clause DFARS 252.227-7027
quoted above. Also, as stated in this clause, when such internally generated data or computer software is ordered, the contractor shall be compensated for converting the data or computer software into the prescribed form and for reproduction and delivery.
5. If payment is to be made to the contractor for “converting the data or computer software into the prescribed form and for reproduction and delivery”, then applicable CDRL items definitely should be added to the contract DD Form 1423 under such bi-lateral agreement increasing the contract price to document the complete transaction. But even if the contractor does not require additional compensation for the delivery of such internally developed data or software, then applicable CDRL items still should be added to the contract via bi-lateral agreement to document a no-cost delivery of such data or software.