PART 5315 -
Contracting by Negotiation
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 solicitation 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 a contract that includes or modify a contract to include 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 nears shutdown, without the express written approval of the DAS(C) or ADAS(C). Not less than 60 days prior to release of a solicitation or a proposed contract modification, the MAJCOM/DRU/AFRCO SCO (or for AFLCMC and SMC, the SCCO) must submit a copy of the special contract requirement proposed for use, together with any supporting documentation to SAF/AQC for approval.
(S-93) The contracting officer may not award a contract that includes or modify a contract to include a special contract requirement or unique clause that requires or authorizes direct charging of proposal preparation and negotiation support costs without the express written approval of the SCO/SCCO. Evidence of this approval must be included in the official contract file.
SUBPART 5315.3 — SOURCE SELECTION
See MP5315.3 for required Air Force Source Selection responsibilities and procedures.
5315.371-5 Waiver
See MP5301.601(a)(i).
SUBPART 5315.4 — CONTRACT PRICING
See MP5315.4 for required Air Force contract pricing procedures.
5315.403-1 Prohibition on Obtaining Certified Cost or Pricing Data (10 U.S.C. 2306a and 41 U.S.C., chapter 35)
(c) Standards for exceptions from certified cost or pricing data requirements.
(3) Commercial Items.
(i) A contracting officer determination that a commercial item exception to Truth in Negotiations Act (TINA) requirements applies to a particular acquisition must, at a minimum, address the content described in DFARS PGI 215.403-1(c)(3)(B)(1).
(B) Report Content. The MAJCOM/DRU/HQ AFICA SCO (and for AFLCMC and SMC, the SCCO) must consolidate and submit the information as outlined in DFARS PGI 215.403-1(c)(3)(B), or submit a negative report for their organization, to HQ AFMC/PKF no later than 15 October each year. HQ AFMC/PKF must consolidate all of the MAJCOM/DRU/HQ AFICA/AFLCMC, and SMC reports and submit a final report to SAF/AQCP no later than 8 November each year. SAF/AQCP will submit the annual report to DPAP.
(4) Waivers.
(A) A request for an exceptional case TINA waiver must be submitted through the MAJCOM/DRU/HQ AFICA/AFRCO SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC for HCA approval (see MP5301.601(a)(i)). The waiver request must address the content outlined in DFARS PGI 215.403-1(c)(4)(A) and include a clear description of how the three criteria for granting a TINA waiver under the exceptional circumstances exception will be met (see DFARS 215.403-1(c)(4)(A)). When the waiver is for a subcontractor who has refused to provide cost or pricing data to a prime contractor, the information required must cover both the prime contract and the subcontract. Contracting officers must submit a copy of all signed TINA waivers to HQ AFMC/PKF within 30 days of signature by the HCA.
(B) The MAJCOM/DRU/HQ AFICA/AFRCO SCO (or for AFLCMC and SMC, the SCCO) must consolidate and submit the information as outlined in DFARS PGI 215.403-1(c)(4)(B), or submit a negative report for their organization, to HQ AFMC/PKF no later than 15 October each year. HQ AFMC/PKF must consolidate all of the MAJCOM/DRU/AFLCMC and SMC reports and submit a final report to SAF/AQCP no later than 8 November each year. SAF/AQCP will submit the annual report to DPAP. AFRCO will provide the information directly to the DAS(C)/ADAS(C), as appropriate.
5315.403-3 Requiring Data Other Than Certified Cost or Pricing Data
(a)(4) See MP5301.601(a)(i).
5315.403-4 Requiring Certified Cost or Pricing Data (10 U.S.C. 2306a and 41 U.S.C., chapter 35)
(a)(2) The contracting officer must submit the Determination and Findings through their MAJCOM/DRU/HQ AFICA/AFRCO SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC for HCA signature (see MP5301.601(a)(i)).
5315.404-3 Subcontract Pricing Considerations
See IG5315.404-3 for additional subcontract pricing considerations.
(c)(2)(C)(2)(90) The COCO may approve written requests for the use of an alternate structured approach (see DFARS 215.404-73). This authority may not be re-delegated (see MP5301.601(a)(i)).
5315.406-1 Prenegotiation Objectives
(b)(ii) Adjudication Procedures. The contracting officer must forward DCAA requests for Air Force management review through their management chain, and provide the MAJCOM/DRU/HQ AFICA/AFRCO SCO (or for AFLCMC and SMC, the SCCO) name and contact information to the cognizant DCAA representative. If disagreements remain, the MAJCOM/DRU/HQ AFICA/AFRCO SCO (or for SMC, the SCCO) must elevate the issue to SAF/AQC to support any request from DCAA for further elevation of the issue(s).
5315.406-3 Documenting the Negotiation
(a) See the Price Negotiation Memorandum (PNM) Checklist that may be used to ensure PNMs contain all required information. Preliminary PNM and Final PNM templates may be tailored for use.
5315.407-3 Forward Pricing Rate Agreements
(b)(i) See MP5301.601(a)(i).
(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.
(c)(2)(B) See MP5301.601(a)(i).
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
While use of Formula Pricing Agreements (FPA) is optional, contracting officers must follow MP5315.407-91 to establish an FPA.
5315.408 Solicitation Provisions and Contract Clauses
(3)(i)(A)(2) See MP5301.601(a)(i).
(ii)(A)(2) See MP5301.601(a)(i).
SUBPART 5315.6 — UNSOLICITED PROPOSALS
(a) See MP5315.606-90 for procedures for receipt, evaluation, and disposition of unsolicited proposals.