FAR 48.104—Sharing arrangements.
Contents
- 48.104-1
Determining sharing period.
FAR 48.104-1 explains how a contracting officer determines the "sharing period" for a value engineering change proposal (VECP), which is the time window during which the contractor can share in savings generated by the accepted proposal. The section covers four main topics: the requirement to set a discrete sharing period for each VECP; how the sharing period starts; how the end date is determined for ordinary contracts; and special rules for engineering-development contracts, low-rate-initial-production or early production units, and prolonged production schedules such as ship construction or major system acquisitions. It also addresses how the end of the sharing period may be tied to a specific quantity of future units rather than a calendar date in certain cases, and it allows agencies to extend sharing of future savings to later contracts for essentially the same item. In practice, this section matters because the sharing period controls the contractor’s incentive payment window and the government’s obligation to share savings, so getting the start point, end point, and affected units right is essential to avoid disputes and miscalculated VECP payments.
- 48.104-2
Sharing acquisition savings.
FAR 48.104-2 explains how to divide acquisition savings created by an accepted value engineering change proposal (VECP). It covers the sharing base, the Government/contractor sharing rates for supply and service contracts, how savings are treated on the instant contract versus concurrent and future contracts, how net acquisition savings are calculated, how incentive contracts are handled, how affected units and recordkeeping are identified, how and when the contractor is paid, when the contracting officer must modify the instant contract, when a lump-sum payment for future savings may be used, and what factors the contracting officer must consider before using that method. It also separately addresses construction contracts, limiting sharing to instant-contract savings and collateral savings and setting different Government share percentages for fixed-price and cost-reimbursement construction contracts. In practice, this section tells contracting officers how to compute and pay the contractor’s share of savings and tells contractors what records and expectations apply after a VECP is accepted. The rule is important because it determines whether a VECP produces real financial benefit for both parties and how that benefit is allocated over time and across related contracts.
- 48.104-3
Sharing collateral savings.
FAR 48.104-3 explains how the Government and contractor share collateral savings when a value engineering change proposal (VECP) produces savings beyond the immediate contract line item or direct cost reduction. It covers when collateral savings are shared, the exception for situations where tracking those savings would cost more than the benefit, the allowable contractor share range, the cap on the contractor’s share, the contracting officer’s duty to set the sharing rate for each VECP, and the need to account for any loss in performance, service life, or capability when calculating savings. In practice, this section matters because collateral savings can be significant over the life of a system or service, but they are harder to measure than direct savings, so the rule balances incentive with administrative burden. It gives contractors a potential reward for proposing changes that reduce downstream costs, while protecting the Government from overpaying for savings that are uncertain, overstated, or offset by reduced performance. For contracting officers, it requires a case-by-case judgment about whether to track collateral savings and what percentage of those savings the contractor should receive. For contractors, it creates an incentive to document the broader benefits of a VECP and to understand that the share is negotiable within regulatory limits, not automatic.
- 48.104-4
Sharing alternative-no-cost settlement method.
FAR 48.104-4 explains the alternative no-cost settlement method for a Value Engineering Change Proposal (VECP) and tells the contracting officer how to decide whether that method is appropriate. The section covers the contracting officer’s duty to compare available settlement approaches, weigh administrative negotiation costs against expected savings, and determine whether a no-cost settlement is in the Government’s best interest. It also explains the economic effect of this method: the contractor keeps the savings on the instant contract and on its concurrent contracts, while the Government retains savings from concurrent contracts placed with other sources, all future contract savings, and all collateral savings. Finally, it requires mutual agreement between the parties for each individual VECP, making this a negotiated, case-by-case settlement option rather than a unilateral decision. In practice, this provision is meant to reduce transaction costs when a full settlement negotiation would cost more than the value of the expected savings, while still ensuring the Government receives adequate consideration.