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Panelists: Tim Malishenko, Dave Riley, Larry Trowel July 26, 2007 9:30 a.m. – 10:30 a.m. PowerPoint Presentation
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Panelists: Tim Malishenko, Dave Riley, Larry Trowel July 26, 2007 9:30 a.m. – 10:30 a.m. - PowerPoint PPT Presentation


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Common Ground: The New Specialty Metals Rules and How Government and Industry Can Work Together. Panelists: Tim Malishenko, Dave Riley, Larry Trowel July 26, 2007 9:30 a.m. – 10:30 a.m. Specialty Metals – Policy Landscape. 1972-2006

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slide2

Common Ground: The New Specialty Metals Rules and How Government and Industry Can Work Together

Panelists: Tim Malishenko, Dave Riley, Larry Trowel

July 26, 2007 9:30 a.m. – 10:30 a.m.

specialty metals policy landscape
Specialty Metals – Policy Landscape
  • 1972-2006
    • Requirement to buy certain articles from American sources (10 USC 2533a) . . . the “Berry Amendment”
    • DFARS 225-7002; 252.225-7014
  • 2006 – Present
    • Requirement to buy strategic materials critical to national security from American sources (10 USC 2533b)
    • Class deviation – Restrictions on procurement of specialty metals (December 6, 2006)
  • In Work
    • DFARS proposed rule – exception for COTS items
    • DFARS revisions to implement 10 USC 2533b
panel
Panel
  • Tim MalishenkoVice President, Contracting and Pricing Boeing Company
  • Dave RileyDeputy, Office of Counsel – WestDCMA
  • Larry TrowelGeneral Manager, Government Business Practices & ProcessesGE
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Common Ground: The New Specialty Metals Rules and How Government and Industry can Work Together

David S. Riley, DeputyDCMA Office of Counsel - West

Date Thursday, July 26, 2007

Time 9:30 am – 10:30 am

the major players
The Major Players

National Contract

Management Assoc.

Industrial Preparedness

House Armed

Services Committee

Aerospace Industries

Association

New

Specialty

Metals

Law

Small Business

Interests

ITAA – SIA – EIA

(Electronics)

SSINA

(Specialty Metals)

National Defense

Industry Association

Senate Armed

Services Committee

DoD-Services-DCMA

specialty metals lexicon
Specialty Metals Lexicon
  • Old Contracts v. New Contracts
  • End Items & Components
  • One-Time Waiver and CAP
  • In the Required Form - DNAD
  • Commercially Available Off-the-Shelf (COTS)
  • Noncompliant Items & Withholds
pco responsibilities
PCO Responsibilities
  • Authorize Withholds on Old Contracts
  • Determine New Contracts & Clauses
  • Determine End Items & Components
    • Contractor Proposals & Questions
    • Specified v. Clause in Contract
  • Program & Contract Specific
    • Exceptions and One-Time Waivers
dcma responsibilities
DCMA Responsibilities
  • CAPs, Broad-based OTWs & DNADs
  • Policy - www.dcma.mil/dnad/
  • Resolving Withholds on Old Contracts
    • Approved CAP is a Universal Requirement
    • Price Reduction is Last Resort
  • Commercially Available Electronic Components
  • Qualifying Country Metals & Products
dcma s broad based otw authority
DCMA’s Broad-Based OTW Authority
  • Delegated from DoD, Navy, AF, Army, and DLA
  • Similar to prior broad-based CAP authority (6/06)
  • Limited to only broad-based OTW requests
    • corporate, segment or sector
  • PCO and Services retain focused OTW requests
    • program, contract, or shipment
  • Only applies to prime contracts – Subs and Suppliers must work through Primes
  • DCMA Approval Authority - Deputy Executive Director of Contract Operations and Customer Relations
cap requirements for otw approval
CAP Requirements for OTW Approval
  • Statute requires “effective plan to ensure compliance”
  • CAP is required – can’t be “effective” w/o correction
  • Some basic CAP contents:
    • Detailed I.D. of items and contracts
    • Correlate items to existing, anticipated and/or newly requested DNADS or other exceptions
    • Remediation – informing, training, monitoring at all levels
    • Compliance Dates and progress to date
    • Market research and costs to support new DNAD requests
    • Methods used to identify pre 10/17/06 items for waiver
approved dnads
Approved DNADs
  • Populated Circuit Cards
  • Fasteners
  • Needle Bearings
  • Read The Approvals
    • they are specific, not general
dnads in process
DNADs in Process
  • Radio Frequency Devices
  • COTS:
    • Caterpillar Engines
    • Gulfstream Components
    • Hardware in FSG 53/59
    • Allison Transmissions
approved otws
Approved OTWs
  • GE – Aviation Parts
  • Raytheon – extensive
in process otws
In-Process OTWs
  • Northrop
  • Boeing
  • Armor Holdings
  • Allison Transmissions
specialty metals team
Specialty Metals Team
  • Dave, Dave, John, John and Jack
  • DCE, DACO, ACO, PCO and PMO
  • Primes, Subcontractors & Suppliers
  • Navy Price Fighter$ (ESA)
  • Industrial Analysis Center & OSD-IP
need help
Need Help?
  • Start with your ACO.
  • The ACO will contact the specialty metals team.
  • We’ll activate resources to help you through the process.
  • Going to OSD will only delay getting you help. They’ll likely refer you to us.
roadblocks
Roadblocks?
  • Feel free to contact me:
    • Dave Riley
      • David.riley@dcma.mil
      • 310-900-6202