AFFARS PART 5315Contracting by Negotiation

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PART 5315
Contracting by Negotiation

[Revised February 14, 2011]

(INTERIM CHANGES: See Policy Memos 11-C-04 and 11-C-07)

5315.002 Types of Negotiations (INTERIM CHANGE: See Policy Memo 11-C-04)

See MP5315.002 for notification requirements when issuing request for proposals for Air Force source selection or a competitive negotiation for all acquisition estimated to be greater than $100M.

5315.1 -- SOURCE SELECTION PROCESSES AND TECHNIQUES

5315.101-1 Tradeoff Process (INTERIM CHANGE: See Policy Memo 11-C-04)

(a) When using Performance Price Tradeoff (PPT) past performance shall be evaluated consistent with MP5315.305, paragraphs 5.5.2 and 5.6.2.1.

See IG5315.101-1 for guidance on PPT.

5315.102 Oral Presentations (INTERIM CHANGE: See Policy Memo 11-C-04)

See IG5315.102 for guidance on Oral Presentations.

SUBPART 5315.2 — SOLICITATION AND RECEIPT OF PROPOSALS AND INFORMATION

5315.204-5 Part IV – Representations and Instructions (INTERIM CHANGE: See Policy Memo 11-C-04)

(b) See IG5315.204-5(b) for guidance on preparing Section L for source selections.

(c) See IG5315.204-5(c) for guidance on preparing Section M for source selections.

5315.209 Solicitation Provisions and Contract Clauses

(h) Do not include FAR clause 52.215-8, Order of Precedence-Uniform Contract Format, in construction contracts.

(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.

(S-92) The contracting officer may not award or modify a contract that includes a special contract requirement commonly referred to as “Tail Up” or “Last Lot Inefficiency,” the purpose of which is to recognize costs related to a loss of productivity for the direct labor workforce or increased supplier costs as a production line near nears shutdown, without the express written approval of the DAS(C) or ADAS(C). Requests for approval to use such a special contract requirement shall be submitted under signature of the SCO or SCCO and forwarded to SAF/AQC at safacqk.workflow@pentagon.af.mil for consideration of approval by the DAS(C) or ADAS(C). These requests must be made not less than 60 days prior to release of a solicitation or a proposed contract modification and include a copy of the special contract requirement and any supporting documentation.

SUBPART 5315.3 — SOURCE SELECTION


5315.300 Scope of Subpart (INTERIM CHANGES: See Policy Memos 11-C-04 and 11-C-07)

See MP5315.3 for required Air Force Source Selection responsibilities and procedures.

5315.303 Responsibilities (INTERIM CHANGE: See Policy Memo 11-C-04)

(b) For major weapon system (ACAT) or major service (Category I and IA) acquisitions, senior leaders (O5s/civilian equivalents and above) are prohibited from performing multiple leadership roles on a source selection team. A senior leader functioning as an advisor to a source selection team shall not participate as an evaluator.

See IG5315.303 for guidance on preparing Source Selection Plans.

5315.304 Evaluation Factors and Significant Subfactors (INTERIM CHANGE: See Policy Memo 11-C-04)

See MP5315.304 for required Air Force Source Selection factors.

5315.305 Proposal Evaluation (INTERIM CHANGE: See Policy Memo 11-C-04)

See MP5315.305 for required Air Force proposal evaluation procedures.

See IG5315.305 for guidance on documenting the proposal analysis.

(c) Non-government Personnel.

5315.306 Exchanges with Offerors After Receipt of Proposals (INTERIM CHANGE: See Policy Memo 11-C-04)

See MP5315.306 for Air Force requirements regarding exchanges with offerors.

5315.308 Source Selection Decision (INTERIM CHANGE: See Policy Memo 11-C-04)

See MP5315.308 for required Air Force Source Selection decision activities and documentation.

See IG5315.308 for guidance on preparing Source Selection Decision Documents.

SUBPART 5315.4 — CONTRACT PRICING

5315.400 (S-90)

See MP5315.4 for required Air Force contract pricing procedures.

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 from cost or pricing data requirements.

5315.403-4 Requiring Cost or Pricing Data (10 U.S.C. 2306a and 41 U.S.C. 254b)

5315.404-3 Subcontract Pricing Considerations

See IG5315.404-3 for additional subcontract pricing considerations.

5315.404-4 Profit

5315.406-3 Documenting the Negotiation

(a) See IG5315.406-3 for a Price Negotiation Memorandum (PNM) Checklist that may be used to ensure PNMs contain all required information.

5315.407 Special Cost or Pricing Areas

5315.407-90 Contract Audit Follow-Up (CAFU)

Follow 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 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 — PRE-AWARD, AWARD, AND POST-AWARD NOTIFICATIONS, PROTESTS, AND MISTAKES

5315.506 Post-award Debriefing of Offerors (INTERIM CHANGE: See Policy Memo 11-C-04)

(d) Post-award 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 MP5315.5 for conducting post-award debriefings.

SUBPART 5315.6 — UNSOLICITED PROPOSALS

5315.606 Agency Procedures

See MP5315.606 for review of unsolicited proposals.

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