B.  Rule Should Cover All Property

Comment: One respondent commented that "(i)ndustry agrees with the concept to sustain capability and supportability to the extent needed under major weapons systems." To that end, the respondent believes that this requirement should not be limited to special tooling, but should include "all property, i.e., special test equipment, ground support equipment, machine tools and machines and other intangibles to maintain capability."

Response: DoD is fully compliant with section 815, which addresses only special tooling.

With regard to tangible property, DoD notes that major systems acquisition contracts are required to include the clause at FAR 52.245-1, Government Property, which incorporates a basic storage requirement applicable to more than just special tooling (see FAR 52.245-1(f)(1)(viii)(A)). Further, in accordance with section 815, the MDA is required to "approve a plan, including the identification of any contract clauses, facilities, and funding required, for the preservation and storage of such tooling prior to Milestone C approval." This requirement is fully addressed by the Deputy Secretary of Defense memorandum dated August 3, 2009, which states that "MDAP Program Managers shall include a plan for preservation and storage of unique tooling as an annex to the Life Cycle Sustainment Plan (LCSP) submitted for Milestone Decision Authority (MDA) approval at Milestone C. The unique tooling annex shall include the identification of any contract clauses, facilities, and funding required for the preservation and storage of such tooling and shall describe how unique tooling retention will continue to be reviewed during the life of the program."

DoD considers "intangibles," as the term relates to major systems acquisitions, to be a reference to technical data. A contractor's rights in technical data are fully addressed in FAR and DFARS parts 27 and 227 respectively, and need not be addressed with the section 815 coverage.