Question: Are there any other DoD contracting activities that have developed DFAR Clauses that address CRIs and how to hold the contractor more accountable if they don't show a return on investment (ROI). Simple example: we give the contractor CRI funds (on a separate CLIN) they promise a certain ROI (for example 3 to 1), if they don't achieve the ROI then they return the CRI funds.
Unfortunately, there is no single database of clauses authored by DoD contracting activities that would answer your question. DoD contracting activities do not have the authority under the current rule-making process to create DFARS clauses and provisions. Therefore, the contracting activity would likely develop and implement language in Section H to address their specific contract requirements. There is no comprehensive list of Section H requirements in DoD. It appears there is no FAR or DFARS clause regarding CRIs, nor is there a FAR or DFARS open case as of 11 Mar 2011. However, DFARS 215.404-71-5 may be helpful in applying weighted guidelines cost efficiency factors. Also, the following resources may be helpful in developing a new Section H clause for CRIs.
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USD(AT&L) Memo dated 3 Nov 2010, Implementation Directive for Better Buying Power – Obtaining Greater Efficiency and Productivity in Defense Spending at: http://www.acq.osd.mil/docs/USD(AT&L)_Implementation_Directive_Better_Buying_Power_110310.pdf?transcriptid=4648
Incentive Strategies for Defense Acquisitions Guide at: http://www.dau.mil/pubscats/Pages/incentive.aspx
Reduction of Total Ownership Costs (R-TOC) Best Practices Guide at: http://www.theriac.org/pdfs/RTOC Guide.pdf