MP5301.9001(b) Clearance – Multi-Functional Independent Review

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      Mandatory Procedure

MP5301.9001(b)
Clearance – Multi-Functional Independent Review

[Revised November 7, 2012]

1. Policy. The Clearance Approval Authority (CAA) must use Multi-functional Independent Review Teams (MIRT) as an integral component of the clearance process in AFFARS 5301.9001(a) by validating each critical decision point (CDP) as described in paragraph 3.2 of this mandatory procedure.

2. Applicability. This procedure is required for all competitive acquisitions meeting the requirements of AFFARS 5301.90 when contract values are $50M or more and where the CAA is the Senior Contracting Official (SCO), the Senior Center Contracting Official (SCCO), the Associate Deputy Assistant Secretary (Contracting) (ADAS(C)), or the Deputy Assistant Secretary (Contracting) (DAS(C)). This includes task orders for services issued against multiple award indefinite delivery/indefinite quantity contracts (to include GSA schedules). At the discretion of the CAA, this mandatory procedure may be used for competitive acquisitions below $50M or for non-competitive acquisitions at any dollar threshold.

3. Independent Review. The CAA must establish an independent and objective process, employing cross-functional subject matter experts (SME) to constitute a MIRT. The MIRT must operate in an advisory manner in order to foster frank and candid discussions regarding the soundness of the business and contracting approaches employed in the acquisition. The results of these discussions (solutions, lessons-learned, etc.) should be shared with acquisition organizations across the Air Force.

3.1. Multi-functional Independent Review Team (MIRT). The MIRT is formed at the beginning of each competitive acquisition with membership approved by the CAA. The CAA may use existing Independent Review Teams, peer reviews, Acquisition Center of Excellence (ACE) established review teams, or other established processes to satisfy this requirement. Note 1 To promote consistency, it is desirable that the same MIRT members participate in each critical decision point review for the duration of the acquisition unless otherwise approved by the CAA. The members of MIRTs must not be members of the source selection/competitive acquisition team. Note 2 The team will be comprised of government personnel, to the maximum extent practicable.

The MIRT will have representation from:

The inclusion of peers from other bases, MAJCOMs, or other DoD Agencies provides a broader approach to the independent review process and facilitates the sharing of lessons-learned and best practices. IG 3.1.2.1

3.1.1. Independent Review Structure. The CAA must structure the independent review in a way that best achieves the objectives of the business and contract clearance process and tailored to the needs of the acquisition. The process must focus on reviewing CDPs in a thorough and substantive manner where SMEs are granted the level of access to acquisition/source selection documents necessary to provide the CAA with a clear assessment of the soundness of the approach and methodology employed. The CAA should ensure that the established review process encourages discussion among MIRT members concerning their observations and recommendations.

3.1.2. MIRT Work Product.

The MIRT will provide an assessment to the CAA on the state of the source selection/procurement. At a minimum, the MIRT will out brief the source selection/acquisition team at the conclusion of each CDP conducted. Documentation of MIRT reviews is required for the official contract file IAW paragraph 4. All MIRT and ACE comments must be adjudicated by the CAA. The SSA will be provided feedback either by the CAA or the source selection team.

3.2. Critical Decision Points (CDP). CDPs are precursor actions required to obtain approval for formal clearance events (e.g., to issue the solicitation, to award without discussions, to request final proposal revisions, or for the SSA source selection decision). These CDPs are conducted by the MIRT prior to obtaining the appropriate business or contract clearance from the CAA.

3.2.1 CDPs.

3.2.1.1 Pre-Business Clearance CDP.

3.2.1.2. Pre-Contract Clearance CDP.

3.2.1.3. Areas of Special Interest (ASI). The CAA may require the MIRT to assess ASI in addition to the CDPs discussed in the previous paragraphs. The MIRT also has the discretion to review ASIs that may impact their assessment of the CDPs. ASIs may include review of source selection plans or debriefing charts/script, the conduct of mock debriefs, review of model contracts and all attachments, etc.

4. Documentation. Documentation that independent reviews were conducted IAW this procedure will be included in the contract file under the business and contract clearance tabs. Also include the actions taken to adjudicate the MIRT comments by the CAA. The documentation will be considered “Source Selection Information” and/or “For Official Use only” and will be handled IAW FAR 2.101 and 3.104.

5. Waiver. The CAA may waive the use of MIRTs in support of a specific clearance action for individual acquisitions or specific CDPs based on acquisition/source selection history and procurement/source selection experience of the acquisition team (i.e. recurring nature of the requirement, no history of sustained protest in a competitive acquisition, and successful experience with evaluation criteria in a competitive acquisition).

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INFORMATIONAL GUIDANCE
for
MP5301.9001(b)

3.1.1 - MIRT Other Considerations

1. Operational Considerations

2. Teaming/Membership Considerations

3.2.1.3 The review process may include the following areas:

1. Pre-Business Clearance CDP

2. Pre-Contract Clearance CDP

3. Areas of Special Interest

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Note 1: Personnel participating as members of or advisors to source selection teams or procurement teams may not be an acceptable substitute for the independent review due to their lack of objectivity and independence. However, the CAA has the discretion to use “advisors” as members of a MIRT.

Note 2: See Note 1.

Note 3: In the event the contents of ASP do not align with FAR Part 7 and its supplements or an ASP is not held, review of written AP or equivalent documentation will be conducted.

Note 4: Applicable to Life Cycle Management Plan (LCMP), Acquisition Plan, and other similar documentation.

Note 5: References to RFP Sections L and M include equivalent solicitation provisions for the acquisition of commercial items.

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