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(e) The Secretaries of the Military Departments and the Directors of the Defense Agencies shall:
(1) Determine the DOD nonrecurring investment in items developed for or by the Department of Defense and perform required pro rata calculations in accordance with this part and financial management guidance from the Comptroller of the Department of Defense.
(2) Validate and provide recommended charges to the Defense Security Assistance Agency. Supporting documentation will be retained until the item has been eliminated from the nonrecurring cost recoupment charge listing.
(3) Review approved nonrecurring cost recoupment charges on a biennial basis to determine if there has been a change in factors or assumptions used to compute a nonrecurring cost recoupment charge and if there is a significant change in a nonrecurring cost recoupment charge, provide a recommended change to the Defense Security Assistance Agency.
(4) Insert prescribed Department of Defense Federal Acquisition Regulation Supplement clauses in contracts.
(5) Collect charges on foreign military sales in accordance with DoD 7290.3-M1/1/, "Foreign Military Sales Finance and Accounting Manual;" on other sales in accordance with DoD 7220.9-M/2/, "DoD Accounting Manual."
NOTE /1/ Forward written requests to Defense Institute for Security Assistance Management, ATTN: DISAM-DRP, Wright-Patterson Air Force Base, Ohi 45433.
NOTE /2/ Copies may be obtained, at cost, from the National Technical Information Service, 5285 Port Royal Road, Springfield, VA 22161.
(6) Deposit collections to accounts prescribed by the Comptroller, DoD. (7) Request guidance from the Defense Security Assistance Agency, within 90 days, if an issue concerning a recoupment charge cannot be resolved.
Sec. 165.6 Procedures.
(a) The nonrecurring cost recoupment charge to be reimbursed for non-U.S. Government purchases shall be a pro rata recovery of nonrecurring cost for any major defense equipment. Recovery of nonrecurring cost recoupment charges shall cease upon the recovery of the DOD costs. Such charges shall be based on a cost pool as defined in Sec. 165.3. For a system that includes more than one component, a "building block" approach (i.e., the sum of nonrecurring cost recoupment charges for individual components) shall be used to determine the nonrecurring cost recoupment charge for the sale of the entire system.
(b) For major defense equipment, purchasers of the applicable DoD technical data package shall pay the established nonrecurring cost recoupment charge when the major defense equipment is manufactured by a non-U.S. contractor for non-U.S. Government purchases.
(c) A nonrecurring cost recoupment charge shall not apply when a waiver has been approved by the Under Secretary of Defense for Policy in accordance with Sec. 165.7 or when sales are financed with U.S. Government funds made available on a nonrepayable basis. Approved revised nonrecurring cost recoupment charges shall not be applied retroactively to accepted foreign military sales agreements or to direct commercial sales that were entered into before the date of approval of the revised nonrecurring cost recoupment charge. If a direct commercial sale was not notified in accordance with the clause in the Department of Defense Federal Acquisition Regulation