48 C.F.R. § 234.201
(1) DoD applies the earned value management system requirement as follows:
(iii) For cost or incentive contracts and subcontracts valued at less than $20,000,000—
(iv) For firm-fixed-price contracts and subcontracts of any dollar value—
(5) The cognizant contracting officer, in consultation with the functional specialist and auditor, shall—
(ii) Initial determination.
(B) If the contracting officer finds that there are one or more material weaknesses due to the contractor's failure to meet one or more of the earned value management system criteria in the clause at 252.234-7002, the contracting officer shall—
(1) Promptly make an initial written determination of any material weaknesses and notify the contractor, in writing, providing a description of each material weakness in sufficient detail to allow the contractor to understand the weaknesses (see PGI 234.201(7)(ii));
(2) Request the contractor to respond, in writing, to the initial determination within 30 days; and
(3) Evaluate the contractor's response to the initial determination, in consultation with the auditor or functional specialist, and make a final determination.
(iii) Final determination.
(A) The contracting officer shall make a final determination and notify the contractor, in writing, that—
(1) The contractor's earned value management system is acceptable and approved, and no material weaknesses remain; or
(2) Material weaknesses remain. The notice shall identify any remaining material weaknesses and indicate the adequacy of any proposed or completed corrective action. The contracting officer shall—
(i) Request that the contractor, within 45 days of receipt of the final determination, either correct the deficiencies or submit an acceptable corrective action plan showing milestones and actions to eliminate the weaknesses;
(ii) Disapprove the system in accordance with the clause at 252.234-7002 when initial validation is not successfully completed within the timeframe approved by the contracting officer, or the contracting officer determines that the existing earned value management system contains one or more material weaknesses in high-risk guidelines in ANSI/EIA-748 standards (guidelines 1, 3, 6, 7, 8, 9, 10, 12, 16, 21, 23, 26, 27, 28, 30, or 32). When the contracting officer determines that the existing earned value management system contains one or more material weaknesses in one or more of the remaining 16 guidelines in ANSI/EIA-748 standards, the contracting officer shall use discretion to disapprove the system based on input received from functional specialists and the auditor; and
(iii) Withhold payments in accordance with the clause at 252.242-7005, Contractor Business Systems, if the clause is included in the contract.
[73 FR 21848, Apr. 23, 2008, as amended at 76 FR 28867, May 18, 2011; 76 FR 76320, Dec. 7, 2011; 90 FR 5727, Jan. 17, 2025]