AFFARS MP5315.403-1

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Mandatory Procedure

MP5315.403-1
Prohibition on Obtaining Cost or Pricing Data

[Revised October 30, 2009]

(c) Standards for exceptions from cost or pricing data requirements.

(3) Commercial Items

(B) Annual Reporting Requirements. In order to fulfill the requirement for DoD to submit an annual report to Congress, MAJCOM/DRU Senior Contracting Officials (SCO) shall annually identify commercial item exceptions to the requirements of the Truth In Negotiations Act (TINA) for any contract, subcontract, or modification from the previous fiscal year expected to have a value of $15,000,000 or more. For all commercial item exceptions meeting that threshold, MAJCOM/DRU SCOs shall submit the information as required in paragraph (i) below no later than 15 October each year. If no commercial item exceptions meeting the threshold were granted during the previous fiscal year, submit a negative report no later than 15 October each year. Submit the report to HQ AFMC/PKQI, the designated Air Force focal point for consolidation of the reports. HQ AFMC/PKQI shall consolidate all of the MAJCOM and DRU reports and submit a final report to SAF/AQCP no later than 8 November each year. SAF/AQCP shall submit the report to the Director, Defense Procurement and Acquisition Policy (DPAP), ATTN: DPAP/CPF.

(4) Waivers

(A) Request for waiver of the cost or pricing data requirement shall be submitted through the MAJCOM/DRU SCO to SAF/AQCK, safaqck.workflow@pentagon.af.mil, for HCA approval. SAF/AQCK will ensure waiver requests in excess of $100 million are coordinated with the senior procurement executive prior to the HCA granting the waiver.

(B) Annual Reporting Requirements. In order to fulfill the requirement for DoD to submit an annual report to Congress, MAJCOM/DRU Senior Contracting Officials (SCO) shall annually identify and report TINA waivers for any contract, subcontract, or modification from the previous fiscal year expected to have a value of $15,000,000 or more. For all TINA waivers meeting that threshold, MAJCOM/DRU SCOs shall submit the information as required in paragraph (i) below no later than 15 October each year. If no waivers meeting the threshold were granted during the previous fiscal year, submit a negative report no later than 15 October each year. Submit the report to HQ AFMC/PKQI, the designated Air Force focal point for consolidation of the reports. HQ AFMC/PKQI shall consolidate all of the MAJCOM and DRU reports and submit a final report to SAF/AQCP no later than 8 November each year. SAF/AQCP shall submit the report to the Director, Defense Procurement and Acquisition Policy (DPAP), ATTN: DPAP/CPF.

(5) Additional Reporting Requirements.

(A) Signed TINA Waivers. SAF/AQCK shall submit a copy of all signed TINA waivers to SAF/AQCP and HQ AFMC/PKQI within 30 days of signature by the HCA. Copies of the signed waivers may be submitted via email to safaqcp.workflow@pentagon.af.mil and AFMC/PK workflow. Waiver packages should include all supporting documentation explaining how the action met the three criteria for a TINA waiver must accompany the signed document. This requirement applies to all actions at or above the cost or pricing data threshold identified in FAR 15.403-4(a)(1).

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