Earned Value Management (EVM)

Folks- these clauses were not included in the Government solicitation to our firm.

Is there a FAR clause that "automatically invokes" these clauses at a certain dollar threshold?

The clauses themselves invoke a $50mm threshold.

Any feedback appreciated!

DFAR 252.234-7001, 7002

Not that I am aware of. It is a DoD policy to require the formal use of EVMS for certain cost or fixed price-inventive contracts. However, the provision at 252.234-7001 Notice of Earned Value Management System is then required to be in the solicitation and the clause at 252.234-7002 Earned Value Management System is required to be in both the solicitatioon and the resulting contract.

If this isnt a DoD contract, FAR 34.203 describes the required solicitation provision and clauses (2) to implement EVMS.

See DFARS 234.203:

234.203 Solicitation provisions and contract clause.

For cost or incentive contracts valued at $20,000,000 or more, and for other contracts for which EVMS will be applied in accordance with 234.201(1)(iii) and (iv)—

(1) Use the provision at 252.234-7001, Notice of Earned Value Management System, instead of the provisions at FAR 52.234-2, Notice of Earned Value Management System – Pre-Award IBR, and FAR 52.234-3, Notice of Earned Value Management System – Post-Award IBR, in the solicitation; and

(2) Use the clause at 252.234-7002, Earned Value Management System, instead of the clause at FAR 52.234-4, Earned Value Management System, in the solicitation and contract.

The $50 million threshold comes from DFARS 234.201:

234.201 Policy.

(1) DoD applies the earned value management system requirement as follows:

(i) For cost or incentive contracts and subcontracts valued at $20,000,000 or more, the earned value management system shall comply with the guidelines in the American National Standards Institute/Electronic Industries Alliance Standard 748, Earned Value Management Systems (ANSI/EIA-748).

(ii) For cost or incentive contracts and subcontracts valued at $50,000,000 or more, the contractor shall have an earned value management system that has been determined by the cognizant Federal agency to be in compliance with the guidelines in ANSI/EIA-748.

Neither of these sections, though, "automatically invokes" the clauses. It cold be possible that the contracting officer obtained a deviation from the DFARS, or it could be the contracting officer just overlooked the requirement. You'll never know unless you ask.

Thanks to you both! Much appreciated! A great resource.