PART 5315 [Revised 9 FEB 2005] |
Note: This document contains revised source selection procedures. For access to the previous version of those procedures refer to AFFARS 5315, dated 5 Feb 2004.
“Deficiency” (for Air Force source selections) is a material failure of a proposal to meet a Government requirement.
SUBPART 5315.2 — SOLICITATION AND RECEIPT OF PROPOSALS AND INFORMATION
5315.209 Solicitation provisions and contract clauses.
(S-90) The contracting officer may include a provision substantially the same as the provision at 5352.215-9000, Facility Clearance, in solicitations that include a DD Form 254, Contract Security Classification Specification.
(S-91) The contracting officer may include a provision substantially the same as the provision at 5352.215-9001, Notice of Pre-bid/Pre-proposal Conference, in the request for proposal when appropriate. When access to classified documents is contemplated, the contracting officer may include a provision substantially the same as the provision with its Alternate I.
SUBPART 5315.3 — SOURCE SELECTION
See the Mandatory Procedures at MP5315.3 for required Air Force Source Selection responsibilities and procedures.
(a) Source Selection Authorities.
(1) Except as provided in paragraph (2) below of this section, the contracting officer is the Source Selection Authority (SSA) for acquisitions $10 million and below. MAJCOMs and DRUs may establish SSAs for “Other Contracting” acquisitions greater than $10 million. SSA shall not be delegated lower than the contracting officer. SSAs for AFPEO/CM acquisitions and for ACAT acquisitions greater than $10 million are listed below:
(i) For non-space related ACAT I programs, ASAF(A) is the SSA.
(ii) For space related ACAT I programs, USECAF is the SSA.
(iii) For ACAT II and III programs, the PEO is the SSA.
(iv) For acquisitions in the AFPEO/CM portfolio, the PEO is the SSA.
(2) SSAs for A-76 competitions are:
(i) The AFPEO/CM, for those competitions within the PEO/CM portfolio, unless otherwise designated by the PEO/CM.
(ii) For all other competitions, the MAJCOM/FOA/DRU Vice Commander (CV) shall appoint the SSA. The MAJCOM/FOA/DRU/CV must be a General Officer or Senior Executive Service Civilian. If the MAJCOM/FOA/DRU/CV does not meet this criterion, the SSA appointment authority is the Component Competitive Sourcing Official (CCSO).
5315.304 Evaluation factors and significant subfactors.
See the Mandatory Procedures at MP5315.304 for required Air Force Source Selection factors.
See the Mandatory Procedures at MP5315.305 for required Air Force proposal evaluation procedures.
(a) Offerors are required to meet all solicitation requirements, such as terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors or subfactors. Failure to meet a requirement may result in an offer being ineligible for award. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale. The instructions to offerors and evaluation criteria (Sections L and M or equivalent provisions of the solicitation) shall inform offerors of this condition for award.
See Informational Guidance at IG5315.305 for guidance on documenting the proposal analysis.
(2) Past performance evaluation. Informational Guidance on conducting the past performance evaluation is available in IG5315.305(a)(2).
(c) Non-government Personnel.
(1) Federally Funded Research and Development Center (FFRDC) employees. A FFRDC employee may serve as a source selection team member including membership in a Source Selection Advisory Council (SSAC) or Source Selection Evaluation Team (SSET); however, an FFRDC employee may not serve as a member of the Performance Confidence Assessment Group, as chairperson of a SSAC or SSET, or as a SSA. If FFRDC personnel are used, subparagraph 5315.305(c)(2)(iii) below applies.
(2) Advisors. Non-government advisors may be used as necessary to assist in the source selection evaluation. Although advisors may assist in the evaluation and provide input regarding the strengths, deficiencies, and weaknesses in proposals, they shall not determine ratings or rankings of offerors’ proposals. If contractor personnel are used as advisors the following applies:
(i) Access to offeror proposals shall be restricted to only those portions for which the individual’s expertise is required in the evaluation (e.g., software support contractor only reviews software hours proposed).
(ii) The contracting officer shall ensure that the necessary approval has been obtained in accordance with FAR 37.2.
(iii) The solicitation shall list contractors who will be used, provide notice to prospective offerors that such contractor personnel will be used and the manner in which they will be used, and provide the offeror an opportunity to object to the release of proposal information (see (v) below).
(iv) Appropriate Organizational Conflict of Interest (OCI) clauses shall be included under the contract through which the non-government personnel are provided.
(v) If a competing offeror objects to the release of their proposal information to any non-government advisor, the contracting officer shall make a determination whether the non-government advisor(s) shall be permitted to participate in the source selection. The contracting officer shall inform the objecting offeror of the final determination, and, if the use of non-government advisors has been changed, shall inform all offerors of the change.
(3) Foreign Military Sales (FMS) customers and international cooperative project partners. The FMS customers may participate in the source selection process as advisors only. In addition, the contracting officer shall not release cost information or any part of an offeror’s cost proposal to representatives of FMS customers. International cooperative project partners shall not serve as the chairperson of the evaluation team or any segment thereof or as the SSA.
5315.306 Exchanges with offerors after receipt of proposals.
See Mandatory Procedures at MP5315.306 for Air Force requirements regarding exchanges with offerors.
(c)(1) The SSA shall establish the competitive range.
5315.308 Source selection decision.
See the Mandatory Procedures at MP5315.308 for required Air Force Source Selection decision activities and documentation.
SUBPART 5315.4 — CONTRACT PRICING
(a) For firm-fixed price (FFP) competitive contracts where adequate price competition is anticipated, approval to obtain information other than cost or pricing data from offerors shall be obtained from the DAS(C). Requests should address the following:
(i) Description of effort including estimated dollar value;
(ii) Discussion of why competitive forces were found to be inadequate;
(iii) Description of the information being requested from offerors;
(iv) Specific alternatives to obtaining this information that were considered or used and why those alternatives were not employed or their use was unsuccessful;
(v) Detailed justification for why the information is needed, why the information is obtained from offeror(s), and the impact to the evaluation if the information is not obtained; and
(vi) Copy of solicitation language (i.e., Instructions to Offerors, Section L, or equivalent) which specifies the type of information being requested from offerors.
5315.403 Obtaining cost or pricing data. (No Text)
5315.403-1 Prohibition on obtaining cost or pricing data (10 U.S.C. 2306a and 41 U.S.C. 254b).
(c) Standards for exceptions for cost or pricing data requirements.
(4) Waivers. Before granting a waiver, HCAs must determine the property or service cannot be reasonably obtained without the waiver; the price can be determined reasonable without submission of cost or pricing data; and there are demonstrated benefits to granting the waiver.
(S-90) Requests for waiver of certified cost or pricing data shall include, in addition to a clear description of the methods to be used to determine the price reasonable, the following additional information (when a subcontractor has refused to provide cost or pricing data to a prime contractor, each item of the information required shall cover both the prime contract and subcontract):
(i) Contract type and number, RFP or purchase request number, including supplemental agreement number;
(ii) A concise description of supplies or services being purchased;
(iii) Any outside influences or time pressures;
(iv) Complete company name and location;
(v) If applicable, a complete description of the data the contractor or subcontractor refuses to submit and the basis for refusal (include all correspondence);
(vi) If applicable, names and titles of the contractor and/or subcontractor personnel contacted and the Government personnel making the contact; and
(vii) A summary statement of the approval action being requested.
(5) Using Mandatory Procedures detailed in MP5315.403-1, MAJCOMs and DRUs will submit an annual report for contracts, subcontracts, or contract/subcontract modifications expected to have a total value of $15,000,000 or more identifying:
(i) Cost or pricing data waivers (FAR 15.403-1(b)(4)); and
(ii) Cost or pricing data exceptions for commercial item procurements (FAR 15.403-1(b)(3)).
5315.404-3 Subcontract Pricing Considerations
See Informational Guidance at IG5315.404-3 for additional subcontract pricing considerations.
5315.407 Special cost or pricing areas.
5315.407-90 Contract Audit Follow-Up (CAFU)
Follow the Mandatory Procedures at MP5315.407-90 for conducting contract audit follow-up (CAFU).
5315.407-91 Formula Pricing Agreements
Formula Pricing Agreements (FPAs), sometimes referred to as spare parts pricing agreements, may be used by contracting officers to establish the pricing methodology for more than one future contract action. They may also be used to establish a pricing methodology for corporate contracts and strategic sourcing agreements. While use of FPAs is optional, contracting officers shall follow the Mandatory Procedures at MP5315.407-91 to establish an FPA.
5315.407-4 Should-cost review.
(b) Program should-cost review.
(4) The contracting office organizes and manages the program should-cost review. The team chief is responsible for the completion of the should-cost report.
SUBPART 5315.5 — PREAWARD, AWARD, AND POSTAWARD NOTIFICATIONS, PROTESTS, AND MISTAKES
5315.506 Postaward debriefing of offerors.
(d) Postaward debriefings provide offerors an explanation of why they were either excluded from the competitive range or not selected for contract award. Open and frank exchanges of information with offerors after award are necessary in order to demonstrate the fairness and integrity of the source selection process and reduce unnecessary protests. Debriefings to all successful and unsuccessful offerors shall provide sufficient information to effectively convey the basis of the SSA’s integrated assessment and selection decision and to assist offerors in improving future proposals. Follow Mandatory Procedures at MP5315.5 for conducting postaward debriefings.
SUBPART 5315.6 — UNSOLICITED PROPOSALS
HQ AFMC/PKP is the point of contact for the receipt and disposition of all unsolicited proposals received at the Air Staff (HQ USAF) and Secretariat (SAF) with the exception of proposals dealing with satellites, space systems, and launch vehicles. HQ AFSPC/PKP is the central point of contact for all unsolicited proposals dealing with satellites, space, and launch systems. The responsible HQs office shall review the proposal contents and determine the proper activity within the Air Force to evaluate and process the proposal. MAJCOMs and DRUs shall establish points of contact and procedures for receipt and disposition of unsolicited proposals received locally, consistent with the requirements in FAR 15.6. Unless otherwise directed by SAF/AQC, the cognizant point of contact responsible for receipt and disposition of unsolicited proposals shall provide the Air Force’s response to offerors.