An official website of the United States Government
96-3
DEPARTMENT OF THE AIR FORCE AFMC ACQUISITION CIRCULAR 96-3
Headquarters AFMC
Wright-Patterson AFB OH 45433
15 May 1996
1. All material published in
this AFMCAC is effective upon receipt unless otherwise indicated.
Each item in this AFMCAC shall remain in effect until specifically
cancelled or incorporated by a subsequent AFMCAC or change to
the AFMCFAR Supplement (AFMCFARS).
2. This AFMCAC supersedes Interim Policy Letters (IPLs) 96-007 through
96-009, 96-011, 96-012, 96-015,
96-018, 96-019 and 96-020 (IPL 96-016 was never issued and IPL
96-017 was corrected by 96-018).
3. AFMCAC 96-3 amends the AFMCFARS
as specified below (all changes are marked by revision bars on
the right hand side of the pages):
4. Part 5352--Solicitation Provisions
and Contract Clauses, has been replaced in its entirety due to
addition of numerous clauses, provisions and administrative changes.
ITEM 1.
a. Title: AFMCFARS 5301.102 and 5301.201 (Pages 1.1-1 and 1.2-1 through
1.2-5) -- Purpose, Authority,
Issuance and Maintenance of the FAR
b. Purpose/Explanation of Change(s):
Revision of AFMCFAR Part 1, Federal Acquisition Regulations System.
As a result of recent HQ AFMC/PK reorganization, this part has
been updated to reflect appropriate HQ OPRs/OCRs. (Case 96-163)
ITEM 2.
a. Title: AFMCFARS 5301.4, 5306.3 and 5307.103 (Pages 1.4-1, 6.3-1 thru
6.3-7 and 7.1-1 and 7.1-2) --
Individual Deviations; Other Than Full and Open Competition; and
Agency-head Responsibilities
b. Purpose/Explanation of Change(s): These changes were directed by
Mr. Money's letter of 26 Feb 96
which directed us to remove HQ AFMC/PK from the review process
for J&As, APs, Indemnification Requests, and Approval of Class
or Financing Deviations and made some other minor administrative
changes. It also eliminated duplicate coverage, and finally there
is a revision to add direction for the processing/approval of
special access programs. (Supersedes IPL 96-019, paragraph 1.a.,
Atch 1, dated 1 Jul 96)
__________________________________
No. of Attached Printed Pages: 316
OPR: PKP (Chris Shockey)
Distribution: F, X (Same as AFMCFAR Sup)
HQ USAF/LG, Wash DC 20330-5000..........4
SAF/AQC/AQCF, Wash DC 20330-5000........3
HQ USAF/JACPD, Wash DC 20330-5000.......1
HQ AFIA/IM, Kirtland AFB NM 87117-5670..1
AUL/LDEA, Maxwell AFB AL 36112-5564.....1
Technical Services Assoc. 2 Market
Plaza Way Mechanicsburg PA 17055-0001....1
ITEM 3.
a. Title: AFMCFARS 5304.804-90 and Figure 5304-1 (Pages 4-i, 4.8-1 and
4.8-2) -- File Documentation for
Closeout and Contract Closeout Content Checklist
b. Purpose/Explanation of Change(s):
This provides a systematic method to ensure documents are retained
and readily available to the contracting officer for contract
closeout. The use of the Contract Closeout Content Checklist
will be optional to avoid impacting buying activities which have
alternate methods in place to consistently file closeout documentation.
Its availability and use will be promoted in an AFMC Contract
Closeout Guide, currently in development. (Case 96-162)
ITEM 4.
a. Title: AFMCFARS 5305.207(a),
(b)(4) & (f)(90), 5305.404-1, 5315.1101(e) and 5352.215-9014
(Pages 5.2-1, 5.2-2, 5.4-1, 15.11-1 and 52-22) -- Preparation
and Transmittal of Synopsis; Release of Information Procedures;
and Acquisition Ombudsman
b. Purpose/Explanation of Change(s):
This incorporates several changes in 5305.207(a), (b)(4) &
(f)(5) Preparation of Synopsis, Standard Format, regarding procedures
to use the Government Printing Office billing codes. In addition,
it makes minor changes to the AFMC Ombudsman Program to remove
the current restriction on using the CBD notice and Section L
provision for competitive acquisitions. Language now allows use
for any acquisition. Lastly, the Ombudsman notice was amended
to add a statement at the end to refer potential issues with the
solicitation to the contracting officer before utilizing the Ombudsman.
(Supersedes IPL 96-009, paragraph 1.a., Atch 1, dated 26 Feb
96)
ITEM 5.
a. Title: AFMCFARS 5306.303-2(a)(92)
& (93); 5306.303-290(91); 5306.304-90; 5307.103; 5307.105-90(a)
& (b); 5335.016(90)(b) and Figures 5307-2, 5307-3 and 5307-4
(Pages 6.3-2, 7.1-1, 7.1-2, 7.1-5 thru 7.1-11 and 35.0-2) --
Justifications Content; Justification Review Document; Approval
of the Justification; Agency Head Responsibilities; Simplified
S&T Acquisition Plan Format; and Broad Agency Announcements
b. Purpose/Explanation of Change(s):
The simplified AP/J&A format
was created under the auspices of the Laboratory Demonstration
Program to specifically address acquisition planning pertinent
to S&T projects and to eliminate systems acquisition-related
information. It was approved as a three-year deviation to AFFARS
and is now being incorporated into the AFMCFARS. The format provides
relevant acquisition planning information needed by S&T acquisition
decision makers. Use the simplified S&T format for all S&T
(6.1, 6.2, 6.3A funds) acquisitions under $100 million. 5306.304-90
has been revised to reflect new delegations and amounts. Please
note: Figure 7.1, page 7.1-8a has been renumbered to be correct.
(Supersedes IPL 96-007, paragraph 1.a., Atch 1, dated 23 Jan
96 and IPL 96-018, paragraph 3, Atch 1, dated 27 Jun 96)
ITEM 6.
a. Title: AFMCFARS Figure 5306-4
(Page 6.3-6 and 6.3-7) -- Justification Review Document
b. Purpose/Explanation of Change(s): This Figure was revised to show the required signature levels resulting from ASAF(A)'s approval of our Operation Thunder-Boom initiative and by deleting the terms "Major, Selected, and Other Programs" which were abolished. (Supersedes IPL 96-020, paragraph 1, dated
26 Jul 96)
ITEM 7.
a. Title: AFMCFARS 5307.103(c)(90) and 5307.105(b)(5)(91) (Pages 7.1-1,
7.1-2 and 7.1-3) -- Acquisition
Planning for Market Surveys and Budget & Funding
b. Purpose/Explanation of Change(s):
Deletion of language on market surveys is necessary as it is
inconsistent with recent changes in the FAR on the subject of
market research. Subparagraph on full funding and incremental
funding is reworded to clarify the meaning. Several AP writers
and reviewers have complained that this subparagraph should be
reworded to make more sense. (Supersedes IPL 96-015, paragraph
1.a. and 1.b., Atch 1, dated 9 May 96)
ITEM 8.
a. Title: AFMCFARS 5309.104-2(a) and 5352.209-9003 (Pages 9-i, 9.1-1 and
52-7) -- Definitive Responsibility
Criteria
b. Purpose/Explanation of Change(s):
This supplies a provision for special standards of responsibility
or definitive responsibility criteria which are permitted by
FAR 9.104-2. A provision is needed because verifying bidder/offeror
compliance with special standards requires extra effort by the
contracting officer and there is some risk of sustained protests
from lack of familiarity with special standards. (Supersedes
IPL 96-009, paragraph 1.b., Atch 2, dated 26 Feb 96)
ITEM 9.
a. Title: AFMCFARS 5309.308
and 5352.209-9004 (Pages 9-i, 9.3-1 and 52-7) -- Resubmission
of First Articles
b. Purpose/Explanation of Change(s):
This establishes a clause which may be inserted in solicitations
and contracts when first article testing is required. Use of
the clause provides advance notification to offerors of their
potential liabilities for Government costs in the event first
article retesting is required as well as the potential administrative
costs for any associated contract modification. The contractor
is advised that these deductions will be in addition to any equitable
adjustment to the contract price for extended delivery schedules.
(Supersedes IPL 96-009, paragraph 1.c., Atch 3, dated 26 Feb
96)
ITEM 10.
a. Title: AFMCFARS 5311 (Pages
11-i, 11.2-1, 11.4-1, 11.4-2, 11.6-1 and 52-0 thru 52-9c) -- Describing
Agency Needs
b. Purpose/Explanation of Change(s):
FAR Parts 10, 11, and 12 were substantially revised under FAC
90-32, 1 October 1995. The DFARS revisions were issued under
DAC 91-9, 30 November 1995. This change adjusts the AFMC FARS
to match the new FAR/DFARS in Parts 10, 11, and 12. Five clauses
have been renumbered due to FAR/DFARS/AFFARS revisions. Three
clauses have been added due to new cases being approved. Since
the renumbering of clauses was an administrative adjustment to
the existing language, no FAR POC comment was obtained. (Case
96-166 and 95-20)
ITEM 11.
a. Title: AFMCFARS 5314.205-5 and 5315.403 (Pages 14-i, 14.2-1, 15-i and 15.4-1)-- Release of Solicitation Mailing Lists
b. Purpose/Explanation of Change(s): Having access to a list of potential offerors provides industry with a tool to facilitate teaming and subcontract-
ing arrangements. The new language describes when, where and how to include a copy of the source list in the solicitation. This will save the time and administrative expense of mailing out copies on an individual basis as they are requested. (Supersedes IPL 96-008, paragraph 1.a., Atch 1, dated
26 Jan 96)
ITEM 12.
a. Title: AFMCFARS 5315.402(g)
(Pages 15-i and 15.4-1) -- Solicitation and Receipt of Proposals
and Quotations
b. Purpose/Explanation of Change(s):
The Under Secretary of Defense (A&T) has directed the use
of letter solicitations in sole source procurements to the maximum
extent possible. FAR 15.402(g) authorizes this method of acquisitions
and lists minimum ingredients for effective solicitations. We
have approved this change because we believe using letter RFPs
for sole source solicitations should be the preferred practice.
(Supersedes IPL 96-009, paragraph 1.d., Atch 4, dated 26 Feb
96)
ITEM 13.
a. Title: AFMCFARS 5315.406-5(b)(92)(i)
and 5352.215-9023 (Pages 15.4-7 and 52-28) -- Evaluation of Proposals
Submitted When Qualfification Requirements Do Not Exist
b. Purpose/Explanation of Change(s):
This provision is used to alert potential offerors for spare
parts/repairs that the acquisition is restricted to current sources
because the Government does not possess the necessary data, tooling,
facilities, etc., that are required for contract performance.
In addition, the provision recognizes that sources other than
those known to the Government may be available and identifies
the type of information an offeror must provide with their proposal
for evaluation purposes. (Supersedes IPL 96-011, paragraph 1.a.,
Atch 1, dated 29 Feb 96)
ITEM 14.
a. Title: AFMCFARS 5315.407(91)
and 5352.215-9022 (Pages 15.4-8 and 52-26) -- Proposal Samples
b. Purpose/Explanation of Change(s):
FAR 14.202-4 provides guidance on the submission of bid samples
which is appropriate for those items whose facility of use and
other characteristics cannot be adequately described in specifications
or purchase descriptions. However, there is no provision for
the use of bid (proposal) samples in request for proposals. With
the transition to acquiring more commercial items, commercial
item descriptions calling for proposal samples are becoming more
prevalent. The proposed provision will assist contracting officers
in obtaining proposal samples should the need arise. (Supersedes
IPL 96-009, paragraph 1.e., Atch 5, dated 26 Feb 96)
ITEM 15.
a. Title: AFMCFARS 5315.408
(Pages 15.4-8) -- Deletion of RFP Industry Critique (OMB No. 0701-0121)
in Solicitations
b. Purpose/Explanation of Change(s): As a result of low return rates on the RFP industry survey over the last several years, this change rescinds the RFP Survey prescribed in 5315.408(91). HQ AFMC/PK is developing a more top-level survey to be used in conjunction with the annual CEO conference. (Supersedes IPL 96-008, paragraph 1.b., Atch 2, dated 26 Jan 96)
ITEM 16.
a. Title: AFMCFARS 5315.611(c)(i)(B)
(Page 15.6-11) -- Best and Final Offers
b. Purpose/Explanation of Change(s): SAF/AQ letter of 26 Feb 96 has approved streamlined procedures which eliminates HQ AFMC/PK from the review process for second or subsequent BAFOs for formal source selections involving Major/
Selected and Other Programs.
These requests will be forwarded directly to SAF/AQCS for review
and processing to SAF/AQ IAW AFFARS 5315.611. HQ AFMC remains
in the review process for requests for second or subsequent BAFOs
for Other Contracting using formal source selection procedures.
(Supersedes IPL 96-019, paragraph 1.b., Atch 2, dated 1 Jul 96)
ITEM 17.
a. Title: AFMCFARS 5315.804-1(b)(5)(90)
(Page 15.8-1) -- Prohibition on Obtaining Cost or Pricing Data,
Exceptional Cases
b. Purpose/Explanation of Change(s):
SAF/AQ letter of 26 Feb 96 approved streamlined procedures including
the elimination of AFMC/PK from the review process for waiving
the requirement for cost or pricing data for PEO and DAC programs
and the elimination of SAF/AQCP from the review process for waiving
the requirement for cost or pricing data for Other Contracting.
This AFMCFARS change implements this streamlined process. (Supersedes
IPL 96-019, paragraph 1.c., Atch 3, dated 1 Jul 96)
ITEM 18.
a. Title: AFMCFARS 5316.203-4(d)(2)(iv)
(Pages 16.2-1) -- Fixed-Price Contract Clauses
b. Purpose/Explanation of Change(s):
SAF/AQ letter of 26 Feb 96 approved streamlined procedures including
the elimination of HQ AFMC/PK from the review process for Economic
Price Adjustment clauses (EPA). This AFMCFARS change implements
this streamlined review process. (Supersedes IPL 96-019, paragraph
1.d., Atch 4, dated 1 Jul 96)
ITEM 19.
a. Title: AFMCFARS 5316.401
(Pages 16-i and 16.4-1)
b. Purpose/Explanation of Change(s):
This paragraph is added to encourage Contracting Officers to
consider using award-fee-type contracts. (Supersedes IPL 96-011,
paragraph 1.b., Atch 2, dated 29 Feb 96)
ITEM 20.
a. Title: AFMCFARS 5319.201(c)(9)(A)
(Page 19.2-1) -- Small Business and Small Disadvantaged Business
Concerns, Policies
b. Purpose/Explanation of Change(s): Changes delete AFMCFARS coverage of small business coordination levels and rely on the thresholds established by DFARS and AFFARS. Also included is coverage for small business coordination, DD Form 2579, involving Special Access Programs (SAPs). Please note: Renumbered paragraph from (c)(2)(9)(A) to (c)(9)(A) to be correct with higher level numbers. (Supersedes IPL 96-007, paragraph 1.b., Atch 2, dated
23 Jan 96)
ITEM 21.
a. Title: AFMCFARS 5323.303
and 5352.223-9002 (Pages 23-i, 23.3-1 and 52-52) -- Use of Hazardous
Materials in the Performance of On-Base Contracts
b. Purpose/Explanation of Change(s):
The prescribing language and clause provide implementation guidance
for local pharmacy control procedures to track and monitor hazardous
materials that a contractor brings on base to support his contracts.
This will ensure installation compliance with federal, state,
and local environmental laws and regulations. The clause goes
in all solicitations and contracts exceeding the micro-purchase
threshold. (Supersedes IPL 96-011, paragraph 1.c., Atch 3, dated
29 Feb 96)
ITEM 22.
a. Title: AFMCFARS 5325.7300-91,
5332.702-90(b), (b)(3), (c) & (d) and 5352.232-9001 (Pages
25-i, 25.73-1, 32.7-1 and 52-61) -- Issuing a Solicitation without
Certified Funding; Notice of Funding Status
b. Purpose/Explanation of Change(s):
Originally proposed as an FMS clause, this clause was rewritten
to a generic version. The clause advises offerors that funds
have not been received for the requirement and that any costs
incurred to respond to the solicitation are at the offeror's risk.
(Supersedes IPL 96-007, paragraph 1.d., Atch 4, dated 23 Jan
96)
ITEM 23.
a. Title: AFMCFARS 5325.7390(90)
and 5352.225-9008 (Pages 25-i, 25.73-1 and 52-58) -- Evidence
of Shipment for Foreign Military Sales (FMS) Contracts - Carrier's
Receipt
b. Purpose/Explanation of Change(s):
Due to the problems researching Reports of Discrepancy (RODs),
particularly tracking the actual delivery to the customer country,
the clause requires a copy of the carrier's receipt be provided
to the contracting office for maintenance in the contract file.
Please note: Clause number was previously 5352.225.9013
in IPL 96-007. It has been renumbered for sequence. (Supersedes
IPL 96-007, paragraph 1.c., Atch 3, dated 23 Jan 96)
ITEM 24.
a. Title: AFMCFARS 5328.102-1(4)(a)
and 5352.228-9003 (Pages 28-i, 28.1-1 and 52-59) -- Payment and
Performance Bonds Requirements for Fixed Price Subcontracts
b. Purpose/Explanation of Change(s):
This case implements a requirement of DFARS 228.102-1(4)(a)
for Defense Environmental Restoration Program cost-type construction
contracts. The clause requires the prime contractor to obtain
from each of its construction subcontractors, for fixed price
construction subcontracts over $25,000, (1) a payment bond in
favor of the prime contractor sufficient to pay labor and material
costs and (2) a performance bond in an equal amount if available
at no additional cost. Please note: Clause was previously
identified in IPL 96-008 for inclusion in Section H. It has been
corrected for inclusion in Section I. (Supersedes IPL 96-008,
paragraph 1.c., Atch 3, dated 26 Jan 96)
ITEM 25.
a. Title: AFMCFARS 5328.310
and 5352.228-9004 (Pages 28-i, 28.3-1 and 52-60) -- Insurance
Clause Implementation
b. Purpose/Explanation of Change(s): This clause provides guidance for contracts which include either FAR 52.228-5, Insurance-Work on a Government Installation, or FAR 52.228-7, Insurance-Liability to Third Persons, or both. (Supersedes IPL 96-009, paragraph 1.f., Atch 6, dated 26 Feb 96)
ITEM 26.
a. Title: AFMCFARS 5332.501-2
(Page 32.5-1) -- Unusual Progress Payments
b. Purpose/Explanation of Change(s):
SAF/AQ letter of 26 Feb 96 approved streamlined procedures including
the elimination of HQ AFMC/PK from the review process for unusual
progress payments. This AFMCFARS change implements this streamlined
review process. (Supersedes IPL 96-019, paragraph 1.e., Atch
5, dated 1 Jul 96)
ITEM 27.
a. Title: AFMCFARS 5332.613
(Page 32.6-1) -- Deferment of Collection
b. Purpose/Explanation of Change(s):
SAF/AQ letter of 26 Feb 96 approved streamlined procedures including
the elimination of SAF/AQCP from the review process for AFMC debt
deferment requests. This change clarifies that AFMC debt deferment
requests will be forwarded to SAF/FMFB. (Supersedes IPL 96-019,
paragraph 1.f., Atch 6, dated 1 Jul 96)
ITEM 28.
a. Title: AFMCFARS 5332.791
and 5352.232-9002 (Pages 32-i, 32.7-5, 32.7-6 and 52-61) -- Rough
Order of Magnitude (ROM) Program Estimate Profile
b. Purpose/Explanation of Change(s):
In the past, industry has requested the Government to provide
funding information during the Request for Proposal (RFP) process
to enable them to be more responsive to Government requirements.
This provision provides offerors program funding estimates for
their consideration in proposal development. The provision provides
such information by expressing funding estimates as a Rough Order
of Magnitude (ROM) and Fiscal Year percentage amounts rather than
as exact budgetary dollar amounts. Incorporation of a funding
profile provision into the AFMCFARS would be of substantial benefit
to both the Government and industry. (Supersedes IPL 96-012,
paragraph 1.a., Atch 1, dated 26 Apr 96)
ITEM 29.
a. Title: AFMCFARS 5333.104
(Pages 33-i, 33.1-1 through 33.1-3) -- Protests to GAO
b. Purpose/Explanation of Change(s):
HQ AFMC/PK has been eliminated from the GAO protest agency report
review process and from the review process for Major/Selected
and Other Programs requests to award or continue contract performance
in the face of a GAO protest. These changes are necessary because
they implement SAF/AQ direction that these reviews should be performed
only at the SAF level. Centers will continue to forward agency
reports to SAF/AQCX. However, they will send two copies of the
contracting officer's statement and memorandum of law instead
of a complete copy of the agency report to HQ AFMC/PKP. HQ AFMC/PK
is no longer required to render a MAJCOM recommendation. Centers
requesting award or continued contract performance for Major/Selected
and Other Programs will send the requests directly to SAF/AQCX.
HQ AFMC/PK will no longer be part of that review process. Requests
for Other Contracting will still be reviewed by HQ AFMC/PK and
approved by AFMC/CC. The "Finding and Authority" format
has been changed to a "Determination and Finding" format
to comply with FAR 1.7. A sample has been included in the new
coverage. (Supersedes IPL 96-019, paragraph 1.g., Atch 7, dated
1 Jul 96)
ITEM 30.
a. Title: AFMCFARS 5335.003(91)
and 5352.235-9003 (Pages 35-i, 35.0-1, and 52-64) -- Small Business
Innovation Research (SBIR) Phase I and Phase II
b. Purpose/Explanation of Change(s): The annual solicitation for the DoD Small Business Innovation Research (SBIR) program lists various SBIR contract requirements. The clause at 5352.235-9003 is designed to allow contracting officers to capture portions of the DoD SBIR solicitation that are relevant to their SBIR contracts. (Supersedes IPL 96-009, paragraph 1.g., Atch 7, dated
26 Feb 96)
ITEM 31.
a. Title: AFMCFARS 5336.204
and 5352.236-9009 (Pages 36-i, 36.2-1 and 52-69) -- Disclosure
of the Magnitude of Construction Projects
b. Purpose/Explanation of Change(s):
FAR 36.204 requires that construction solicitations include an
appropriate price range to provide information on project scope
to potential bidders/offerors, but does not include a solicitation
provision. (Supersedes IPL 96-009, paragraph 1.h., Atch 8, dated
26 Feb 96)
ITEM 32.
a. Title: AFMCFARS 5336.290
and 5352.236-9008 (Pages 36-i, 36.2-1 and 52-69) -- Material Approval
Submittal Form (AF Form 3000)
b. Purpose/Explanation of Change(s):
This case implements the AFFARS 5336.290(a) requirement
to obtain material approval submittals on AF Form 3000.
(Supersedes IPL 96-008, paragraph
1.d., Atch 4, dated 26 Jan 96)
ITEM 33.
a. Title: AFMCFARS 5342.770-3
(Page 42-i and 42.7-1) -- Indirect Cost Rates, Waiver of Certification
b. Purpose/Explanation of Change(s):
SAF/AQ letter of 26 Feb 96 approved streamlined procedures including
the elimination of HQ AFMC/PK from the review process for waiver
of obtaining certification of indirect costs. This AFMCFARS change
implements this streamlined review process. (Supersedes IPL 96-019,
paragraph 1.h., Atch 8, dated 1 Jul 96)
ITEM 34.
a. Title: AFMCFARS 5344.204(b)(1), (2) & (3), 5352.244-9000 and 5352.244-9001 (Pages 44.2-1 and 52-87) -- Request/Deletion of Advance Notification/
Consent Requirement for Subcontracts
b. Purpose/Explanation of Change(s):
Current language in FAR 52.244-1 (Subcontracts - Fixed Price
Contracts) allows for the deletion of the requirement for advance
notification or consent to subcontract based on the information
gathered and the review done during negotiations. The language
in FAR 52.244-2 (Subcontracts Cost Reimbursement And Letter Contracts)
does not address the deletion of the requirement for advance approval
for cost reimbursement contracts. Cost reimbursement contracts
need the same flexibility to delete the requirement for advance
notification or consent to subcontract, when all the required
conditions are met. The solicitation provision allows for submission
of the required information at proposal time, and the contract
clause allows for the deletion of consent for the listed contracts
after the required review. Please note: Corrected numbering
from 5344.204(90) to be 5344.204(b)(1), (2) & (3). (Supersedes
IPL 96-008, paragraph 1.e., Atch 5, dated 26 Jan 96)
ITEM 35.
a. Title: AFMCFARS 5346.311
and 5352.246-9003 (Pages 46-i, 46.3-1 and 52-101) -- Additional
Inspection Requirements
b. Purpose/Explanation of Change(s):
This clause was approved to establish 100 percent inspection
of completed end items for life support acquisitions such as parachutes
and anti-G suits. The language precludes the use of quality control
sampling, substituting 100 percent inspection in accordance with
applicable standards supplied by the requirements office of all
such items when the requiring activity determines appropriate.
(Supersedes 96-011, paragraph 1.d., Atch 4, dated 29 Feb 96)
ITEM 36.
a. Title: AFMCFARS 5346.770
(Pages 46-i, 46.7-1 and 46.7-2) -- Warranties in Weapon System
Acquisitions
b. Purpose/Explanation of Change(s):
AFMCFARS 5346.770 is updated to eliminate HQ AFMC from weapon
system warranty waiver review process. Also, annual warranty
usage reporting was eliminated per SAF direction. Major addition
was designation of HQ AFMC/PK as waiver authority for AFM 64-110
peculiar requirements. (Supersedes IPL 96-019, paragraph 1.i.,
Atch 9, dated 1 Jul 96)
ITEM 37.
a. Title: AFMCFARS 5347.104-4(a)(90)
and 5352.247-9004 (Pages 47-i, 47.1-1 and 52-104) -- Commercial
Bill of Lading Shipments - Carrier's Rate
b. Purpose/Explanation of Change(s):
These changes establish a requirement for contractors to advise
the Cognizant Transportation Officer (CTO) of the shipment rates
which are proposed for the delivery. The CTO can compare these
rates with other known rates and advise the contractor when better
rates are available. (Supersedes IPL 96-007, paragraph 1.e.,
Atch 5, dated 23 Jan 96)
ITEM 38.
a. Title: AFMCFARS 5347.305-10(a)(91)
& (92), 5352.247-9009 and 5352.247-9010 (Pages 47.3-1, 47.3-2,
52-105 and 52-105a) -- Engineered or Specialized Containers and
Packaging & Marking of Hazardous Materials (HAZMET)
b. Purpose/Explanation of Change(s):
This change was created in response to the change in philosophy
regarding use of military specifications, the need to clarify
and streamline the existing language and establish uniform clauses,
and the desire to relocate all transportation and packaging material
in the same part of the regulation. (Case 95-23)
ITEM 39.
a. Title: AFMCFARS 5347.305-10(a)(94)
and 5352.247-9005 (Pages 47.3-2 and 52-104) -- Packaging for Inspection
and Acceptance at Destination
b. Purpose/Explanation of Change(s):
This language adds a requirement that packaging containers be
capable of being opened and resealed, and is intended for use
in contracts requiring acceptance and 100 percent inspection is
at destination. (Supersedes IPL 96-009, paragraph 1.i., Atch
9, dated 26 Feb 96 and IPL 96-012, paragraph 1.b., Atch 2, dated
26 Apr 96)
ITEM 40.
a. Title: AFMCFARS 5347.305-10(a)(95), (96) & (97), 5352.247-9003 and 5352.247-9006 through 5352.247-9008 (Pages 47.3-2, 52-103, 52-104 and 52-105) -- Packing, Marking, and Consignment Instructions
b. Purpose/Explanation of Change(s):
One of these four clauses implements the FAR guidance for marking
of warranted items. A second clause addresses bar coding as part
of the marking instructions, while the third clause addresses
commercial packaging when the ASTM specification D3951 is desired.
The last clause is for commercial packaging when the contractor's
best commercial practice is acceptable to the Government. Please
note: New coverage subparagraphs have been realigned in 5347.305-10
for accuracy. (Supersedes IPL 96-011, paragraph 1.f., Atch 6,
dated 29 Feb 96)
ITEM 41.
a. Title: AFMCFARS 5347.305-10(b)(94)
and 5352.247-9002 (Pages 47.3-3 and 52-103) -- Temporary Storage
of FMS Munitions Items
b. Purpose/Explanation of Change(s):
This addition applies to munitions solicitations and contracts
when the shipping instructions (shipping address and transportation
instructions) in clear text from the FMS country are not available
at the time of contract award. The clause permits the contractor
to receive payment when production is complete and inspected and
accepted by the US Government on behalf of the FMS customer.
Please note: New coverage subparagraphs have been realigned
in 5347.305-10 for accuracy. (Supersedes IPL 96-011, paragraph
1.e., Atch 5, dated 29 Feb 96)
ITEM 42.
a. Title: AFMCFARS 5347.305-10(b)(90)
and 5352.247-9011 (Pages 47.3-2 and 52-105a) -- Unilateral Amended
Shipping Instructions (ASIs)
b. Purpose/Explanation of Change(s):
This addition to the AFMCFARS responds to an AFAA audit which
recommended improvements to the ASI process. The new clause establishes
that "Ship To" and "Mark For" ASIs issued
20 days or more prior to the contract scheduled delivery date
will be processed at no change in contract price, and that those
types of ASIs issued less than 20 days prior to the contract date
and that all other types of ASIs will be subject to an equitable
adjustment. (Case 95-20)
NOTE: New Part 47 is included
due the numerous changes over the past year.
ITEM 43.
a. Title: AFMCFARS 5336.9101
and 5352.236-9007 (Pages 36.91-1 and 52-68) -- Model (Prototype)
Units Contract Clause.
b. Purpose/Explanation of Change(s):
Original clause was changed to make paragraph (b) be an Alternate
I and renumbered remaining paragraphs. Deleted note from original
clause.
ITEM 44.
a. Title: AFMCFARS Appendices
AA, paragraph AA-312d and BB, paragraph 32.d (Pages AA-7 thru
AA-9, BB-7 thru BB-10) -- Best and Final Offers
b. Purpose/Explanation of Change(s): The addition of this language provides guidance on actions the contracting officer should take in formal source selections to obtain the maximum possible agreement with offerors on the model contract prior to request for BAFOs. It also cautions offerors that significant revisions to the proposal with BAFO submissions may adversely impact the offerors ability to be awarded a contract. (Supersedes IPL 96-009, paragraph 1.j., Atch 10, dated 26 Feb 96)
ITEM 45.
a. Administrative changes were
made to 41 pages.
b. The pages affected by these administrative changes are: 7.1-4, 9.1-1,
37-i, 52-2, 52-8, 52-9, 52-10, 52-12, 52-14, 52-23, 52-25, 52-57, 52-60,
52-63, 52-71, 52-72, 52-73, 52-81,
52-85, 52-87, 52-88, 52-92, 52-93, 52-94, 52-95, 52-97, 52-98,
52-99, 52-101, 52-102, 52-105b, 52-106, 52-107, 52-108, 52-109,
52-111, 52-115, 52-125, 52-127, 90.90-1 and 91.2-6.
ITEM 46.
Since the IPL version of the following
clauses originally published has changed the following dates have
changed:
5352.215-9017, Engineering Data (FEB 1996), pg. 52-23
5352.225-9007, Authorized Privileges for Contractor Personnel in Overseas
Theater (FEB 1996), pg. 52-57
5352.232-9000, Implementation of Limitation of Funds (FEB 1996), pg. 52-61
5352.237-9004, Enabling Clause Between Prime Contractors and Manpower Support
Services (MSS) Contractors (FEB 1996), pg. 52-71
5352.237-9005, Travel (FEB 1996), pg. 52-72
5352.246-9000, Material Inspection and Receiving Report (OMB No. 0704-0248)
(FEB 1996), pg.
52-99
3. Filing Instructions:
Page Insert Changes:
Remove Insert
Foreward v thru vii Foreward v thru vii
1.1-1 1.1-1
1.2-1 thru 1.2-5 1.2-1 thru 1.2-5
1.4-1 1.4-1
4-i thru 4-ii 4-i thru 4-ii
4.8-1 4.8-1 thru 4.8-2
5.2-1 5.2-1 thru 5.2-2
5.4-1 5.4-1
6.3-1 thru 6.3-7 6.3-1 thru 6.3-7
7.1-1 thru 7.1-8a 7.1-1 thru 7.1-11
9-i 9-i
9.1-1 9.1-1
9.3-1 9.3-1
10-i
10.0-1
11-i
11.2-1
11.4-1 thru 11.4-2
11.6-1
12-i
12.1-1 & 12.3-1
14-i 14-i
14.2-1 14.2-1
15-i 15-i
15.4-1 thru 15.4-8 15.4-1 thru 15.4-8
15.6-11 15.6-11
15.8-1 thru 15.8-2 15.8-1 thru 15.8-2
15.11-1 thru 15.11-2 15.11-1
16-i 16-i
16.2-1 thru 16.2-2 16.2-1 thru 16.2-2
16.4-1 thru 16.4-3 16.4-1 thru 16.4-3
19.2-1 19.2-1
23-i 23-i
Remove Insert
23.3-1 23.3-1
25-i 25-i
25.73-1 25.73-1
28-i 28-i
28.1-1 28.1-1
28.3-1 28.3-1
32-i 32-i
32.5-1
32.6-1
32.7-1 thru 32.7-2 32.7-1 thru 32.7-2
32.7-5 32.7-5 thru 32.7-6
33-i 33-i
33.1-1 thru 33.1-3 33.1-1 thru 33.1-3
35-i 35-i
35.0-1 thru 35.0-4 35.0-1 thru 35.0-4
36-i 36-i
36.2-1 36.2-1
36.91-1 36.91-1
37-i 37-i
42-i 42-i
42.7-1
44.2-1 44.2-1
46-i 46-i
46.3-1 46.3-1
46.7-1 thru 46.7-3 46.7-1 thru 46.7-2
47-i 47-i
47.1-1
47.3-1 thru 47.3-2 47.3-1 thru 47.3-4
52-i thru 52-v 52-i thru 52-vi
52-1 thru 52-101 52-1 thru 52-130
53-1 thru 53-2 53-1 thru 53-2
90.90-1 thrus 90.90-2 90.90-1 thru 90.90-2
91.2-5 thru 91.2-6 91.2-5 thru 91.2-6
AA-7 thru AA-10 AA-7 thru AA-10
BB-7 thru BB-10 BB-7 thru BB-10
AFMCAC 96-3
15 May 1996
LIST OF EFFECTIVE PAGES
Dates of issue for original and
change pages are:
Change
Ref Date Change Ref Date
Original 0 1 July 1992 94-5 7 30 September 1994
93-001 1 15 January 1993 95-1 8 31 December 1994
93-002 2 15 May 1993 95-2 9 21 July 1995
94-1 3 30 November 1993 96-1 10 31 October 1995
94-2 4 31 January 1994 96-2 11 15 February 1996
94-3 5 30 April 1994 96-3 12 15 May 1996
94-4 6 31 July 1994
FWD i to ii 0
iii to iv 9
v to vii 12
5301 1-i 9
1-ii 9
1.1-1 12
1.2-1 to 2-5 12
1.3-1 0
1.3-2 10
1.4-1 12
1.5-1 0
1.6-1 8
1.6-2 9
1.6-3 8
1.6-4 to 6-5 10
1.6-6 to 6-7 8
1.6-8 5
1.9-1 7
1.9-2 to 1.9-3 11
1.9-4 10
1.9-5 to 9.6 7
5302 2-i 0
2.1-1 9
5303 3-i 9
3.1-1 to 1-2 0
3.8-1 9
5304 4-i 12
4-ii 3
4.1-1 0
4.4-1 11
4.6-1 to 6-2 0
4.6-3 10
4.8-1 to 8-2 12
4.70-1 0
4.71-1 and 71-3 0
4.71-2 10
4.90-1 to 90-2 0
4.91-1 0
5305 5-i 10
5.0-1 0
5.1-1 3
5.2-1 to 2-2 12
5.3-1 Deleted
5.4-1 12
5306 6-i 0
6.2-1 0
6.3-1 to 3-7 12
5307 7-i 0
7.1-1 to 1-2 12
7.1-3 to 1-11 12
7.2-1 to 2-2 0
7.3-1 10
5308 8i 8
8.8-1 0
5309 9-i 12
9.1-1 12
9.2-1 to 9.2-3 1
9.2-4 11
9.3-1 12
9.4-1 to 4-2 0
9.5-1 0
5310 10-i Deleted
10.0-1 Deleted
(Converted to Part 11)
5311 11-i 12
11.2-1 12
11.4-1 to 4-2 12
11.6-1 12
5312 12-I Deleted
12.1-1 Deleted
12.3-1 Deleted
(Converted to Part 11)
5313 13-i 10
13.1-1 to 1-4 7
13.5-1 to 5-2 0
5314 14-i 12
14.2-1 12
14.3-1 11
14.4-1 0
5315 15-i 12
15-ii 11
15.4-1 12
15.4-2 to 4-4 9
15.4-5 10
15.4-6 9
15.4-7 12
15.4-8 12
15.5-1 to 5-4 4
15.6-1 to 6-3 10
15.6-4 9
15.6-5 10
15.6-6 to 6-9 7
15.6-10 11
15.6-11 12
15.7-1 to 7-2 0
15.8-1 12
15.8-2 11
15.8-3 to 8-4 0
15.8-5 7
15.8-6 10
15.8-7 to 8-10 3
15.8-11 8
15.8-12 3
15.8-13 to 8-16 8
15.9-1 to 9-3 11
15.10-1 5
15.11-1 12
15.11-2 Deleted
5316 16-i 12
16.2-1 12
16.2-2 0
16.3-1 11
16.4-1 12
16.4-2 to 4-3 9
16.5-1 11
16.6-1 0
16.7-1 0
16.7-2 11
5317 17-i 6
17-ii 10
17.1-1 0
17.1-2 2
17.1-3 0
17.2-1 3
17.74-1 10
17.74-2 to 74-4 9
17.75-1 to 75-4 0
17.76-1 11
17.76-2 8
17.76-3 11
17.91-1 to 91-3 0
17.92-1 10
17.92-2 to 92-5Deleted
17.93-1 11
17.93-2 0
17.94-1 to 94-3 10
17.96-1 to 96-2 3
5318 N/A
5319 19-i 0
19.2-1 12
19.3-1 0
19.5-1 0
19.7-1 0
19.8-1 0
5320 N/A
5321 N/A
5322 22-i 0
22.1-1 0
5323 23-i 12
23.3-1 12
23.9-1 10
5324 N/A
5325 25-i 12
25.1-1 0
25.3-1 8
25.8-1 11
25.9-1 10
25.70-1 0
25.73-1 12
25.91-1 to 91-2 0
25.92-1 0
5326 N/A
5327 27-i 11
27.3-1 0
27.4-1 11
27.4-2 11
27.6-1 0
5328 28-i 12
28.1-1 12
28.3-1 12
5329 N/A
5330 N/A
5331 31-i 11
31.1-1 1
31.2-1 11
5332 32-i 12
32.5-1 12
32.6-1 12
32.7-1 12
32.7-2 to 7-3 0
32.7-4 9
32.7-5 to 7-6 12
5333 33-i 12
33.1-1 to 1-3 12
5334 34-i 0
34.5-1 3
5335 35-i 12
35.0-1 to 0-2 12
35.0-3 11
35.0-4 to 0-5 9
35.0-6 to 0-7 0
5336 36-i 12
36.2-1 12
36.6-1 10
36.90-1 10
36.90-2 to 90-3Deleted
36.91-1 12
5337 37-i 12
37.1-1 11
37.91-1 11
37.92-1 to 92-15 11
5338 N/A
5339 39-i 11
39.0-1 to 0-2 11
5340 N/A
5341 N/A
5342 42-i 12
42.2-1 to 2-2 0
42.5-1 11
42.7-1 12
42.71-1 7
42.71-2 10
5343 43-i 10
43.1-1 4
43.2-1 to 2-6 11
5344 44-i 0
44.2-1 12
44.3-1 to 3-3 0
5345 45-i to ii 11
45.1-1 to 1-2 11
45.2-1 11
45.3-1 to 3-3 11
45.4-1 11
45.6-1 2
45.6-2 3
45.6-3 10
45.6-4 0
45.70-1 0
5346 46-i 12
46.2-1 0
46.3-1 12
46.4-1 to 4-3 11
46.5-1 0
46.7-1 to 7-2 12
5347 47-i 12
47.1-1 to 3-4 12
5348 N/A
5349 49-i 0
49.1-1 to 1-3 0
49.4-1 to 4-4 0
49.70-1 0
5350 50-i 0
50.3-1 1
5351 51-i 0
51.1-1 0
51.2-1 0
5352
52-i to 52-vi 12
52-1 to 52-130 12
5353 53-i 0
53-1 12
53-2 to 53-3 7
53-4 2
5390 90-i 11
90.90-1 12
5391 91-i 0
91.1-1 0
91.2-1 to 91.2-5 0
91.2-6 12
91.2-7 to 91.2-8 0
5392 92-i 11
92.0-1 0
92.1-1 7
92.1-2 11
92.2-1 11
92.3-1 to 3-2 0
92.4-1 to 4-4 0
92.5-1 to 5-4 0
5393 93-i 11
93.0-1 to 0-3 11
APP D-1 0
APP AA-1 to -6 9
APP AA-7 to -8 12
APP AA-9 to -16 9
APP BB-1 to 1a 1
APP BB-2 to 3 0
APP BB-4 2
APP BB-5 to 6 0
APP BB-7 1
APP BB-8 to -9 12
APP BB-10 to -35 0
AFMCAC 96-3
15 May 1996 1.1-1
5301.101 Purpose.
The Air Force Material Command
Federal Acquisition Regulation Supplement (AFMCFARS) establishes
AFMC uniform policies and procedures to supplement the Federal
Acquisition Regulation (FAR), the Department of Defense FAR Supplement
(DFARS), the Air Force FAR Supplement (AFFARS), and implements
other DOD contracting publications.
5301.102 Authority.
The AFMC Commander issues the
AFMCFARS under authority prescribed in FAR 1.301(d)(1) and AFFARS
5301.301. The Director of Contracting (HQ AFMC/PK) prepares and
maintains the AFMCFARS.
5301.103 Applicability.
Except as specifically provided
by individual paragraphs, the AFMCFARS applies to all Air Force
Material Command acquisitions of supplies and services.
5301.104 Issuance.
5301.104-2 Arrangement of regulations.
(c) The AFMCFARS follows the arrangement, reference, and citation scheme of the FAR, DFARS and AFFARS.
AFMCAC 96-3
15 May 1996 1.2-1
5301.201 Maintenance of the
FAR.
5301.201-1 The two councils.
Submit recommendations to change FAR, DFARS, AFFARS, or AFMCFARS through HQ AFMC/PKP. The address for HQ AFMC/PK and its divisions (such as PKP) is:
HQ AFMC/PK
4375 Chidlaw Road, Suite 6
Wright-Patterson AFB, OH 45433-5006
(d)(i) Proposed revisions to
the FAR, DFARS, AFFARS, or AFMCFARS shall include the following
support data.
III DISCUSSION:
(A) Statistical data to illustrate the problem or its magnitude.
(B) Copies of related reference material such as statutes, or other agency regulations (DOL, GSA, etc.), excerpts from IG reports, etc..
(C) A discussion of current higher level regulation language and why it is inadequate or needs further clarification.
(D) Information on how other
Services and DOD agencies address the problem, if known.
5301.290 Designation of Offices of Primary Responsibility (OPR).
The OPR and Office of Corollary
Responsibility (OCR) for policy and actions on all matters related
to the various parts of the FAR, DFARS, AFFARS and this supplement
are reflected below. Direct questions on interpretation
and policy to the OPR as follows:
FAR as Supplemented
Cite
Short Title OPR
Part 1 FAR System
PKPB
Except:
1.4 Deviations PKA
1.601 General/Delegations of Authority/ PKA
Legal Review
1.602-3 Ratifications PKPA
1.90 Clearance Process
PKA
Part 2 Definitions
PKPA
Part 3 Improper Business Practices and PKPA
Personal Conflicts of
Interest
Part 4 Administrative
Matters PKPA
Except:
4.6 Contracting Reporting PKX
4.690 Base Contracting
Activity Report PKO
AFMCAC 96-3
15 May 1996 1.2-2
Except:
Part 5 Publicizing Contract
Actions PKPA
5.5 Paid Advertisements
PKO
Part 6 Competition Requirements
PKPA
Part 7 Acquisition Planning
PKPA
Except:
7.3 Contractor vs
Government Performance PKO
Part 8 Required Sources of Supplies and PKPA
Services
Part 9 Contractor Qualifications
PKPA
Except:
9.7 Defense Production Pools and Research PKD
and Development
Pools
Part 10 Market Research ENP
OCR: DRI/PKPA
Part 11 Describing Agency
Needs PKPA
Part 12 Acquisition of
Commercial Items PKPA
Part 13 Simplified Acquisition
Procedures PKO
Part 14 Sealed Bidding
PKO
Part 15 Contracting by
Negotiation PKPA
Except:
15.5 Unsolicited Proposals PKT
15.8 Price Negotiation PKPC
15.9 Profit
PKPC
Part 16 Types of Contracts
PKPA
Except:
16.4 Incentive Contracts PKPC
16.7 Agreements
PKL
Part 17 Special Contracting
Methods PKPA
Except:
217.1 Multiyear Contracting PKPB
217.70 Exchange of Personal Property PKO
217.76 Contracts with Provisioning Requirements PKL
AFMCAC 96-3
15 May 1996 1.2-3
Part 19 Small Business
Programs PKD
Part 20 Labor Surplus
Area Concerns PKD
Part 22 Application of Labor Laws to PKA
Government
Acquisitions
Part 23 Environment, Conservation, Occupational PKPA
Safety, and Drug-Free
Workplace
Part 24 Protection of Privacy and Freedom of PKPB
Information
Part 25 Foreign Acquisition
PKPA
Part 26 Other Socioeconomic
Programs PKD
Part 27 Patents, Data, and Copyrights PKPA
OCR: JAQ
Part 28 Bonds and Insurance
PKO
Part 29 Taxes
PKPC
Part 30 Cost Accounting
Standards PKPC
Part 31 Contract Cost
Principles PKPC
Part 32 Contract Financing
PKPC
Part 33 Protests, Disputes
and Appeals PKPB
Part 34 Major System Acquisition
PKA
Part 35 R&D Contracting
PKT
Part 36 Construction,
A&E Contracts PKO
Part 37 Service Contracting
PKPA
Except:
37.3 Dismantling, Demolition or Removal of PKO
Improvements
37.91 AFMC Base Services
Acquisitions PKO
Part 38 Federal Supply Schedule
Contracting PKO
Part 39 Acquisition of
Information Resources PKO
Part 41 Acquisition of
Utility Services PKO
Part 42 Contract Administration PKPB
AFMCAC 96-3
15 May 1996 1.2-4
Except:
42.7 Indirect Cost
Rates PKPC
Part 43 Contract Modifications
PKPA
Part 44 Subcontracting
Policies & Procedures PKPA
Part 45 Government Property
PKPA
Part 46 Quality Assurance
PKPA
Part 47 Transportation
PKPA
Part 48 Value Engineering
PKPC
Part 49 Termination of
Contracts PKPB
Part 50 Extraordinary
Contractual Actions PKPA
Part 51 Use of Government Sources by PKO
Contractors
Part 52 Solicitation Provisions and Contract PKPB
Clauses
Part 53 Forms
PKPB
Part 270 Recovery of Nonrecurring Costs and PKPA
Royalty Fees
on Commercial Sales
Part 5390 Contracting Support for Specific PKO
Air Force
Acquisitions
Part 5391 Surplus Acquisitions
PKL
Part 5392 AFMC Maintenance Overhaul and PKL
Modification
Contracting
FAR Appendices
Appendix A Acquisition of FIP Resources PKO
Appendix B Cost Accounting Standards PKPC
AFMCAC 96-3
15 May 1996 1.2-5
DFARS
Appendices
Appendix A ASBCA PKPB
Appendix B Coordinated Acquisition Assignments PKL
Appendix C Contractor Purchasing System Reviews PKPB
Appendix D Component Breakout PKA
Appendix E DoD Spare Parts Breakout Program PKA
Appendix F Material Inspection and Receiving Report PKPA
Appendix G Activity Address
Numbers PKS
AFFARS
Appendices
Appendix AA Formal Source Selection for Major Acquisitions PKPA
Appendix BB Streamlined Source Procedures PKPA
Appendix CC Contingency Operational Contracting Support PKA
Program (COCSP)
Appendix DD Simplified Acquisition of Base Engineer PKO
Requirements
(SABER)
AFMCAC 96-3
15 May 1996 1.4-1
PART 5301--FEDERAL ACQUISITION REGULATIONS SYSTEM
SUBPART 5301.4--DEVIATIONS
FROM THE FAR
5301.403 Individual deviations.
(90) For Major/Selected programs assigned to a PEO, the Buying Office Contracting Official shall send requests for individual deviations from the FAR, DFARS, AFFARS, or this supplement to HQ AFMC/PK, with an information copy to the Senior Center Contracting Official. For Major/Selected programs not assigned to a PEO, Other Programs, or Other Contracting, the Senior Center Contracting Official will send deviation requests to HQ AFMC/PK. Justifications for the deviation shall include the information required by DFARS 201.402(b). Requests may be transmitted by facsimile transmission, electromail, or electronic messaging. Identified High Gear requests will be expedited.
(91) Submit any individual deviation
requests covering the areas set forth in DFARS 201.402(1)(i) directly
to SAF/AQCS for processing.
5301.404 Class deviations.
(90) Submit all requests for
class deviations from the FAR, DFARS, and AFFARS directly to SAF/AQCS
for processing. Submit requests for class deviations from the
AFMCFARS to HQ AFMC/PKA for processing.
5301.490 Deviations from FAR Part 32, Contract Financing.
Delete in its entirety.
AFMCAC 96-3
15 May 1996 4-i
Paragraph
Title Page
5304.190 Costs incurred prior
to contract award. 4.1-1
5304.404-90 Contract clauses
4.4-1
5304.670-90 Processing of DD Form 350 and DD Form 1057. 4.6-1
5304.671 Individual Contracting Action Report (DD Form 350). 4.6-1
5304.671-1 Scope. 4.6-1
5304.671-3 Applicability and coverage. 4.6-1
5304.671-4 Due date and distribution. 4.6-1
5304.672 Monthly contracting summary of actions $25,000 4.6-2
or less (DD Form 1057). 4.6-2
5304.672-3 Due date and distribution. 4.6-2
5304.690 Operational contracting reports. 4.6-2
5304.691 Procurement Management System (PMS). 4.6-2
5304.691-2 Contract closeout.
4.6-3
5304.802 Contract files. 4.8-1
5304.802-70 Use of standard file folders for drawer and 4.8-1
shelf filing.
5304.803 Contents of contract files. 4.8-1
5304.804 Closeout of contract files. 4.8-1
5304.804-90 File Documentation for closeout. 4.8-1
5304.804-4 Physically completed
contract. 4.8-1
5304.7003 Basic PIIN. 4.70-1
5304.7103 Contract line items. 4.71-1
5304.7103-1 Criteria for establishing. 4.71-1
5304.7105 Contract exhibits and attachments. 4.71-1
5304.7106 Contract modifications. 4.71-1
5304.7107 Contract Accounting Classification Reference 4.71-1
Number (ACRN).
AFMCAC 94-1
30 November 1993 4-ii
Paragraph
Title Page
5304.9000 Scope. 4.90-1
5304.9001 Applicability. 4.90-1
5304.9002 Requirements. 4.90-1
5304.9003 Responsibilities of PCOs. 4.90-2
5304.9004 Format and construction of serial numbers. 4.90-2
5304.9005 Procedure for requesting
serial numbers. 4.90-2
5304.9100 Serial numbers for configuration control and 4.91-1
administration of warranties.
AFMCAC 96-3
15 May 1996 4.8-1
PART 5304ADMINISTRATIVE MATTERS
SUBPART 5304.8CONTRACT
FILES
5304.802 Contract files.
5304.80270 Use of standard file folders for drawer and shelf filing.
(90) Standard Contract Files--Operational Contracting Activities.
(1) The heavy 6part partitioned folders, AFMC Form 298, Official Contract File, will be used for all construction contracts and may be used for complex, long duration supply or service contracts.
(2) Contracts filed in the 6part folder will use AFMC Form 295, Contract Folder Index, Section A through Section F, as the cover sheet for each section in which documents are filed. The index has been designed principally for construction contracts; therefore, other contracts may not need all sections. The applicable checklist is not required for any section which does not contain any documents.
(3) AF Form 3019, Contract File Content Checklist, will be used as the file index on contracts (other than small purchases) filed in standard letter size folders.
(91) Standard Contract Files-- Central Acquisition.
(1) AFMC Form 298, Official Contract File, or standard letter size file folders may be used by all other activities. AF Form 3019, Contract File Content Checklist will be used as the file index on contracts other than small purchases.
5304.803 Contents of contract files.
(b)(10) Use AFMC Form 296, Document Control and Routing, as the official file folder or cover sheet for operational purchase and delivery orders. When a file folder is inappropriate, use the cutsheet version to track requirements.
5304.804 Closeout of contract
files.
5304.804-90 File documentation
for closeout.
The Contract Closeout Content
Checklist, shown here at Figure 5304-1, may be used as an index
as well as a checklist for closeout readiness. The checklist
and related documents may be filed in a separate partition of
the contract file folder or in a separate contract file folder,
appropriately annotated with the contract PIIN and folder number.
5304.8044 Physically completed contract.
(90) Provisioning Item Orders (PIOs) issued by AFMC activities under other than AFMC basic contracts may be moved to the recordholding or staging area when (i) prices for all items on the PIO are definitized by a supplemental agreement; (ii) excess funds, if any, on the PIO as a result of definitization are deobligated by the ACO or Provisioning Procuring Contracting Officer (PPCO); and (iii) all items ordered by the PIO have been delivered. For submission of PIO files to the recordholding or staging area, completed DD Forms 1594 or MILSCAP format identifier PK9 are not required. Those PIO files submitted to a recordholding or staging area will be retained through
closeout of the basic contract
and for subsequent period specified in FAR 4.805.
AFMCAC 96-3
15 May 1996 4.8-2
INSTRUCTIONS: Set forth below is a list of essential items to be included, as appropriate, in each contract file to show activities
during the life of the contract. The list is not all-inclusive; therefore, Contracting Officers must refer to the Federal Acquisition
Regulation (FAR) and other related regulatory material to insure that all actions required by Statute, Executive Order and/or Regulation
are accomplished and documented in the contract file.
Contracting Officers will indicate additional papers pertinent to the lifecycle of the contract in the spaces provided. Papers will be
placed in the file in the order indicated by the numbers (filed consecutively, with the highest item number on the top.)
ITEM DOCUMENT APPL ITEM DOCUMENT APPL
& IN FILE & IN FILE
1 DD Form 1423 Data Unliquidated Obligation Verification/
a. Acceptance Removal of Excess Funds
b. Reports a. ACO/PCO De-obligation modification
ACO Contract Closeout Checklist b. Evidence of MOCAS adj. (Q Final)
(DD Form 1597) If available, insert
dates completed for actions a thru h. If 8 c. DD Form 1594 Identify excess funds
not available, provide evidence that the d. PCO Determination - AMIS/PMS
following actions are complete. C956 Listing
a. Disposition of Classified Material
e. Contractor Statement
b. Final DD Form 254, if applicable f. Other
Evidence
c. Patent Report Issuance ACO Evidence of Contract Completion
2 9 a. DD Form 1594
d. Final Royalty Report b. Automated Completion Statement
e. Settlement of Subcontracts by the
Prime Contractor PCO Issuance of Contract Completion
f. Plant Clearance Report Received Statement
(DD Form 1593) a. DD Form 1594
10
g. Property Clearance Received b. Other PCO Evidence
(DD Form 1593)
h. Final Indirect Cost Rate Audit
Report
3 Evidence of Physical Completion
a.Final Material Inspection and
Receiving Report (DD Form 250z)
b. PCO Determinations
Determinations
4 a. Outstanding Proposals
b. Future Savings (Period Expired)
c. No Defective Pricing Cases Pending
Evidence of Final Payment
a. Paying Office
5
b. Funding Station
6 Contractor Final Proposal
a. Request audit
7 b. Report/Recommendations
AFMCAC 96-3
15 May 1996 5.2-1
PART 5305--PUBLICIZING CONTRACT ACTIONS
SUBPART 5305.2--SYNOPSIS OF
PROPOSED CONTRACT ACTIONS
5305.201 General.
(c) Use of sources sought synopsis is encouraged as early as possible in the acquisition process. Potentially competitive requirements susceptible to participation by small business, small disadvantaged business (SDB), or historically black colleges and universities (HBCUs)/minority institutions (MIs) are particularly appropriate for sources sought synopsis. All potential Section 8(a) requirements will be coordinated with the Deputy for Small Business to determine the need for synopsis and for any further coordinations required with the Small Business Administration (SBA). As authorized by FAR 5.502, supplemental advertisements in appropriate publications are encouraged for potential Section 8(a) requirements, SDB setasides and HBCU/MIs setasides.
(91) If a proposed acquisition includes the possibility that an option will be part of the award, a notification will be included in the synopsis. Whenever possible, the estimated option portion will be stated in terms of a period of time, number of units, a percentage of the basic requirement, or other appropriate unit of measure. The estimated value of the option(s) will be considered when determining whether the acquisition meets the $25,000 threshold for synopsizing. When an option will be exercised without a formal solicitation, synopsizing the action as a proposed acquisition is not required, provided that the option quantity or period was included in the synopsis of proposed acquisition of the basic contract.
(92) Advance Synopsis Procedures.
(1) The office responsible
for PR/MIPR control at each Logistics Center shall forward an
initial copy of all Purchase Requests (PRs) in excess of $25,000
to the Senior Center Contracting Official for coordination.
5305.207 Preparation and transmittal of synopsis.
(a) Deleted.
(b)(4) Standard Format. To ensure
proper billing of CBD synopsis by the Government Printing Office
(GPO) to the proper AFMC O&M account, include the appropriate
billing address code (BAC) in item 4 of the synopsis. The following
codes have been established for AFMC/PK's direct reporting units:
AEDC GPO391020
AFDTC GPO391036
AFFTC GPO391165
AFOSR GPO391021
AGMC GPO391052
ASC GPO391030
ESC GPO391001
HSC GPO391102
OC-ALC GPO391088
OO-ALC GPO391127
SA-ALC GPO391110
SM-ALC GPO391164
SMC GPO391132
WR-ALC GPO391023
AFMCAC 96-3
15 May 1996 5.2-2
The GPO maintains a list of
office symbols authorized to use each of the assigned AFMC BACs.
Future changes of office symbols must be coordinated by the unit
with the GPO at 1-800-567-8GPO.
(f) Information not covered by numbered notes.
(90) Ombudsman CBD Notice.
In accordance with 5315.1101, ensure the following notice, substantially
as written, is included in CBD item 17:
"An Ombudsman has been appointed
to hear concerns from offerors or potential offerors during the
proposal development phase of this acquisition. The purpose of
the Ombudsman is not to diminish the authority of the program
director or contracting officer, but to communicate contractor
concerns, issues, disagreements, and recommendations to the appropriate
government personnel. When requested, the Ombudsman will maintain
strict confidentiality as to the source of the concern. The Ombudsman
does not participate in the evaluation of proposals or in the
source selection process. Interested parties are invited to call
[Ombudsman's name] at [Ombudsman's Telephone Number].
The Ombudsman should only be contacted with issues or problems
that have been previously brought to the attention of the contracting
officer and could not be satisfactorily resolved at that level."
AFMCAC 96-3
15 May 1996 5.4-1
PART 5305--PUBLICIZING CONTRACT ACTIONS
SUBPART 5305.4--RELEASE OF
INFORMATION
5305.404 Release of long range acquisition estimates.
Use of Long Range Acquisition
Estimates (LRAEs) is optional. If used, each activity will establish
their local procedures. The Small Business Office will work with
activity commanders to assure that requirement activities provide
LRAEs for selected contracts expected to be awarded in each fiscal
year. When available, include planned requirements beyond the
next fiscal year. LRAEs will include equipment, supplies, and
services that can reasonably be expected to be purchased as a
lot from one vendor. The items should be competitive when contract
action is initiated.
5305.4041 Release procedures.
(90) If used, the Deputy for Small Business will take the necessary planning actions to make sure that requirements activities provide their LRAEs to the Deputy for Small Business by 1 September of each fiscal year.
(91) The Deputy for Small Business
will publish notification of the updated estimate in the Commerce
Business Daily in accordance with FAR 5.4041(b)(5).
AFMCAC 96-3
15 May 1996 6.3-1
5306.301 Policy.
(90)
Processing of J&As will be in accordance with local procedures
and may be accomplished as part of the purchase request coordination
or advance synopsis.
5306.302 Circumstances permitting
other than full and open competition.
5306.3022 Unusual and compelling urgency.
(b) Application.
(1) When FAR exception 6.302-2 is used, the specific extent and nature of the harm to the government must be clearly stated in the J&A. Merely citing a USAF precedence rating and/or Force Activity Designator (FAD) rating or PMD/PAD guidance is not in itself sufficient reason to use a FAR exception 6.302-2 J&A.
(c) Limitations.
(90) If a FAR 6.302-1 exception
is being used and circumstances such as mission need bring it
within the purview of FAR exception 6.302-2, comply with all of
the procedures/approvals for FAR exception 6.302-2 if the procurement
proceeds on this basis. It is not permissible to mix the exceptions
to obtain the best benefit, i.e., not synopsize the requirement,
not prepare the J&A until after the award, and then cite FAR
exception 6.302-1 in the J&A as the basis for not using full
and open competition procedures.
5306.3024 International Agreement.
(c) Limitations.
(70)(iii) AFOSR/PK is responsible for preparing IACR documents at their location and the local Competition Advocate is the designated approval authority.
(90) The IACR format and approval
document will be substantially the same as shown in Figures 5306-1
and 5306-2.
5306.303 Justifications.
5306.303-2 Content.
(a)(90) The cognizant technical or requirements activity will prepare and
provide the information required by FAR 6.303-2(a)(1),(5),(8),(9), and
(11). They will also provide the certification required by FAR 6.303-2(b).
(91) The cognizant contracting activity will prepare and provide, as a
minimum, the information and certification required by FAR 6.303-2(a)(6), (7),
(10), and (12). The contracting activity will also provide the information
required by AFFARS 5306.303-2(a)(2).
(92) J&As for less than
$50M may utilize local formats and may incorporate information
by reference unless specifically prohibited by the approving official.
AFMCAC 96-3
15 May 1996 6.3-2
(93) For actions requiring the approval of the Senior Procurement Executive (SPE), the J&A format will be substantially the same as shown in Figure 5306-3. The contracting office shall be OPR for preparation of these documents. For S&T actions under $100M, use the J&A format and cover page at 5307.105-90, Figures 5307-2 and 5307-4.
(94) When not available at the time of processing, results of the notices of proposed contract action (NOCA), required by FAR 5.201, are not required in the J&A. NOCA results received after processing of the J&A will be documented in the contract file. If the CO determines that those results represent significant additional information impacting the basis for the J&A, the additional information will be provided to the J&A approval authority IAW
AFFARS 5306.303-291.
5306.303-290 Justification Review Document.
(90) For Science and Technology (S&T) acquisitions which require SPE
approval, the Technical Executive Officer (TEO) will coordinate on the JRD.
(91) The JRD will be substantially the same as shown in Figure 53064. The J&A cover page at 5307.105-90, Figure 5307.4, serves as the JRD for S&T acquisitions under $100M.
(92) For J&As exceeding $10M, where the Competition Advocate is not
the approval authority, Competition
Advocate coordination is required.
5306.304-90 Approval of the justification.
(b) For Other Contracting actions
between $10M(+) and $50M the following designees are authorized
to approve justifications. In accordance with FAR 6.304(a)(3),
redelegation to a general officer or SES is authorized.
(i) Logistics Center/CC or CV/CD.
(ii) Product Center/CC or CV/CD.
(iii) AFOSR/CC.
(iv) AL/CC.
(v) RL/CD.
(vi) PL/CD.
(vii) WL/CD.
(viii) AFDTC/CC or CD.
(ix) AFFTC/CC or CD.
(x) HQ AFMC/PK for AEDC and
AGMC.
(90) Deleted.
5306.304-93 Procedures for J&A changes.
(d)(90) Two or more requirements which each had a separate J&A prepared and
approved may be combined into a single contract/contract action. If the
cumulative dollar value for the combined acquisition exceeds the highest
valued J&A's approving official's authority, the contracting officer shall
submit copies of the previously approved J&As with a cover letter requesting
reapproval from appropriate higher authority. If the combined acquisition
requires SPE approval, prepare a single part J&A and process in accordance
with AFMCFARS 5306.304.
AFMCAC 96-3
15 May 1996 6.3-3
I. ORGANIZATION: AFMC Contracting Activity (include base name and zip code)
PCO's Name/Office Symbol/Phone Number (DSN)
PR Number (If desired)
II. DESCRIPTION OF REQUIREMENT:
- Narrative description to
include estimated cost.
III. NATURE/DESCRIPTION OF THE
ACTION:
- Include contract type, period
of performance, cost and schedule, and rationale.
IV. STATUTORY AUTHORITY: 10
USC 2304(c)(4) as implemented by FAR 6.302-4, International Agreement.
V. APPLICABILITY OF AUTHORITY:
- Include statement that the
cited exception is applicable because ............(LOA #, treaty,
agreement, etc.) dated ..... directed that the requirement be
obtained from ......... NOTE: Provide a copy of the page(s)
of the agreement, treaty, or written directions that has the effect
of restricting competition by the requirements activity and attach
them to the IACR.
VI. CONTRACTING OFFICER &
TECHNICAL/REQUIREMENTS PERSONNEL CERTIFICATION: The Contracting
Officer's signature evidences that he/she has determined the IACR
to be both accurate and complete to the best of his/her knowledge
and belief. The Program Manager's/requirements personnel's signature
evidences that any supporting data contained in the IACR, which
is his/her responsibility, is both accurate and complete.
AFMCAC 96-3
15 May 1996 6.3-4
AFMC CONTRACTING ACTIVITY:
PR: (if desired)
PROGRAM:
TECHNICAL/REQUIREMENTS CERTIFIER:
*
IN ACCORDANCE WITH 10 USC 2304(f)(2)(E)
AND P.L. 101-189 SECTION 817, THIS IS TO CERTIFY THAT SOLE SOURCE
DIRECTION AS AUTHORIZED BY LETTER OF ACCEPTANCE, TREATY, OR OTHER
WRITTEN DIRECTIONS....DATED....HAS THE EFFECT OF REQUIRING THE
USE OF OTHER THAN COMPETITIVE PROCEDURES.
CONTRACTING OFFICER'S SIGNATURE
AND CERTIFICATION TO THE ABOVE: *
BUYING OFFICE CONTRACTING OFFICIAL
(if a PEO program): *
SENIOR CENTER/LABORATORY CONTRACTING
OFFICIAL (if a DAC program or Other Contracting): * (See NOTE
Below)
COMPETITION ADVOCATE APPROVAL:
*
EXCEPTIONS:
NOTE: AFOSR/PK will sign as the
SCCO.
* (Typed name/office/phone number/date/signature)
I. ORGANIZATION AFMC Contracting
Activity (include base name and zip code), PCO's name, PR Number
(if desired).
II. DESCRIPTION OF ACTION
Describe the nature of the contractual action which needs approval
(e. g., new contract, solicitation). Identify the proposed contractor
and type of contract. If FAR Exception 2 is cited, specify the
date UCA was or is anticipated to be issued and the amount.
AFMCAC 96-3
15 May 1996 6.3-5
III. DESCRIPTION OF SUPPLIES/SERVICES
Specifically describe the supplies/services to be acquired
and the quantity of each item.
IV. AUTHORITY Identify
the statutory authority and applicable FAR 6.302 citation permitting
other than full and open competition.
V. APPLICABILITY OF AUTHORITY
Describe why the action meets the cited authority. Include
a narrative description of the proposed contractor's unique qualifications
for accomplishing the required tasks.
VI. EFFORTS TO OBTAIN COMPETITION
Describe efforts to ensure that offers are solicited from
as many potential sources as practicable. Include a copy of the
sources sought synopsis together with any screening criteria used.
Also include the results of the screening process. If the proposed
action was not synopsized, include the specific authority for
not doing so and details of the serious harm (financial or mission
impact) that would be caused to the government if the specific
synopsis time periods were adhered to. If appropriate, include
a statement that "no qualifying country sources have expressed
interest." If qualifying country sources have expressed
interest, but are to be excluded, provide supporting rationale.
VII. FAIR AND REASONABLE COSTS
Include a contracting officer determination that the anticipated
cost to the government is to be fair and reasonable.
VIII. MARKET RESEARCH
Describe the market research (FAR 10) conducted to identify all
qualified sources and the results or give reasons if one was not
conducted.
IX. OTHER FACTS:
a. Acquisition Data Availability Explain why technical data packages, specifications, engineering descriptions, statements of work, or purchase description suitable for full and open competition have not been developed, are not being developed, are not being used, or are not available. Describe actions taken or planned to remedy this situation, including a discussion of claims of proprietary data by the contractor.
b. Followon Contracts When FAR 6.3021(a)(2)(ii) is cited as the basis for the justification, include an estimate of the cost that would be duplicated and the basis and derivation of the estimate or provide details on why a delay would be unacceptable.
c. Unusual and Compelling Urgency Only the "MINIMUM REQUIRED" qualifies for Exception 2 coverage and use of this authority is not an automatic exemption from synopsis.
d. DD Form 350 Coding
Cite the anticipated entry for extent competed (Block C3).
X. INTERESTED SOURCES
Provide results of the synopsis, or status of synopsis or synopsis
action. If interest has been expressed by other contractors,
an explanation is needed as to why they cannot perform or are
not expected to submit an offer.
AFMCAC 96-3
15 May 1996 6.3-6
XI. STEPS TO FOSTER COMPETITION
If approval is sought for more than one year, provide specific
rationale on why a sole source effort is required for that time
duration. Address efforts to ensure competition for followon
acquisitions for spare parts and for operation and maintenance
of the delivered system. Also include a discussion on available
break out data.
XII. CONTRACTING OFFICER'S CERTIFICATION Use the following statement:
The contracting officer's signature
on the Justification Review Document evidences that he/she has
determined this document to be both accurate and complete to the
best of his/her knowledge and belief.
XIII. TECHNICAL/REQUIREMENTS
PERSONNEL'S CERTIFICATION Use the following statement:
"As evidenced by their signatures
on the Justification Review Document, the technical and/or requirements
personnel have certified that any supporting data contained herein,
which is their responsibility is both accurate and complete."
AFMC Contracting Activity:
PR Number (if desired):
PROGRAM/PROGRAM ELEMENT:
PROGRAM COST ESTIMATE:
AUTHORITY: 10 USC 2304(C) .....,
as implemented by FAR 6.302-.....
PROGRAM MANAGER/REQUIREMENT INITIATOR:
*
CONTRACTING OFFICER: *
LOCAL/PRINCIPAL COMPETITION ADVOCATE:
*
LOCAL LEGAL REVIEWER: *
CHIEF OF THE CONTRACTING OFFICE:
*
BUYING OFFICE CONTRACTING OFFICIAL (if a PEO program): *
AFMCAC 96-3
15 May 1996 6.3-7
SENIOR CENTER/LABORATORY CONTRACTING
OFFICIAL (if a DAC program or Other Contracting) (AFOSR/PK will
sign as the SCCO): *
TECHNICAL EXECUTIVE OFFICER (if
Science & Technology Other Contracting): *
PROGRAM EXECUTIVE OFFICER (if
a PEO Program): *
DESIGNATED ACQUISITION COMMANDER
(if a DAC Program): *
OTHER CONTRACTING: Logistics Center/CC or CV/CD *
Product Center/CC or CV/CD *
AFOSR/CC *
AL/CC *
RL/CD *
PL/CD *
WL/CD *
AFDTC/CC or CD *
AFFTC/CC or CD *
HQ AFMC/PK
for AEDC and AGMC *
* (Typed name/office/phone number/date/signature)
AFMCAC 96-3
15 May 1996 7.1-1
5307.102 Policy. Timely acquisition planning is the first critical step to be taken by the Single Manager (SM) or Functional Director (FD) of the requirements organization (for Other Contracting actions including operational contracting requirements) and the PCO, to definitize program objectives and ensure that an appropriate strategy is selected to meet these objectives. 5307.103 Agency-head responsibilities. (c)(90) Deleted. (e)(90) Written APs for Other Contracting actions below SPE approval threshold will not be required for the following, however the basic principals of acquisition planning described in this subpart should be considered: (i) Recurring requirements for special programs covered by AF Sup 1 to DoDI 5000.2 for which a class J&A has been approved. (ii) Replenishment parts as defined by AFI 23-108, except for those replenishment buys that involve design, development, verification testing and approval before start of production. (iii) Basic research under budget category 6.1.
(91) For basic research (6.1 Funds) acquisitions under $100M requiring SPE approval, and for science and technology (S&T) acquisitions under $100M using 6.2 or 6.3 funds, prepare acquisition plans in accordance with the simplified format under 5307.105-90. The simplified format (with cover pages) provides for all signatures, coordinations, and approvals required for S&T acquisition plans under $100M.
(f)(90) The SM/FD will ensure
that representatives from the pricing office, the Small Business
Office, the Competition Advocate and Reliability and Maintainability
offices, as appropriate, are involved in development of the AP
and that input is obtained from the organization responsible for
contract administration at the procuring activity. (h)(90) For
Other Contracting, except S&T actions under $100M, all APs
exceeding $15 million shall be coordinated with the Senior Center
Contracting Official (SCCO). S&T APs under $100M shall be
prepared and coordinated in accordance with 5307.105-90.
(h)(91) For Other Contracting actions, except S&T actions under $100M, the Center Commander shall approve all APs below the SPE threshold but may redelegate approval authority below $25 million. The PCO shall forward a copy of the approved AP to HQ AFMC/PKA for informational purposes. S&T APs under $100M shall be prepared and coordinated IAW 5307.105-90. (h)(92) Other Contracting actions, processed under the authority cited in FAR 6.302-2 and not requiring SPE approval in accordance with AFFARS 5307.104-90(b)(1) and (4), shall be documented in an Acquisition Summary using the format provided at 5307.105(b)(90). (h)(93) For Other Contracting actions, except S&T actions under $100M, APs requiring SPE approval shall also be signed by the SCCO. In addition, the Center Commander shall also sign the AP before submitting the AP for SPE approval. S&T APs under $100M shall be prepared and coordinated IAW
5307.105-90.
(h)(94) AP updates. AP updates
are processed after AP approval has been obtained. The PCO and
SM/FD shall revise the AP (for informational purposes only) to
describe minor administrative program changes that make the AP
no longer reasonably and fairly descriptive of the acquisition.
For example, change in the item description, nomenclature, or
other administrative matters. AP updates should include a clear
description of each changed sentence or paragraph; an explanation
of the reason and significance of the change; and AP replacement
pages. AP updates for Major/Select, Other Programs and Other
Contracting actions requiring SPE approval shall be sent directly
to SAF/AQCS.AFMCAC 96-3 15 May 1996
7.1-2
(h)(95) AP amendments. AP
amendments shall be processed after AP approval when significant
program changes occur which exceed authority granted in the FAAA.
Examples include but are not limited to changes in contract type,
significant changes in quantity, changes in scope or work required,
period of performance or funding requirements. AP Amendments
should also be processed to satisfy exceptions noted in the FAAA
in accordance with AFFARS 5306.304(a)(4)(90). AP amendments for
Major/Select, Other Programs and Other Contracting actions requiring
SPE approval shall be sent directly to SAF/AQCS.AP Amendments
must contain: (i) A signed cover sheet (Figure 5307-1)
with the basic AP number and sequential amendment number designation;
(ii) For minor revisions, a clear description of each
changed sentence or paragraph; an explanation of the reason for
and significance of the changes; AP replacement pages;
(iii) For major revisions, an entire amended AP; a "Changes
Made by Amendment X to AP Y" document summarizing the changes.
5307.105 Contents of Written
Acquisition Plans (a)(1)
Statement of need. Before addressing the statement of need required
by FAR 7.105(a), describe the program, item or system being acquired.
Identify: program authority, such as Program Management Directive
(PMD); program element; system project number and title; unclassified
nicknames; category; and precedence rating. Include the following
items, regarded as significant, in AFMC APs required by AFFARS
5307.103(c). (90) A complete description of the supplies
or services including Group "A" and "B" kit
buys for modification programs. Identify the SM and/or Item Management
Specialists location(s) and the responsible contracting activity
or activities. (91) If there were previous problems,
the AP should assess the possibility of the same problems impacting
the current acquisition and any action being taken to preclude
their recurrence. (a)(3)(90) Cost. Address in general terms
how the price will be determined fair and reasonable. If adequate
price competition or another exception listed in FAR 15.804-3
is anticipated, identify in general terms any data needed for
cost realism analysis or to support a price analysis. DoDD 5000.28,
Design to Cost, Life Cycle Cost, and Should Cost need not be addressed
in APs for efforts which have no direction for phasing into a
system or full scale development and/or production. (a)(90)
Preparation of acquisition plans. (i) Cover sheet. The first
page of each AP shall be a cover sheet. Figure 5307-1 illustrates
the format of the AP cover page to be used. Only the signatures
shown in this format shall appear on the cover page. Other coordinating
activities, such as the Competition Advocate or Legal, should
appear on page 2. (ii) Ensure consistency of the AP with
the acquisition strategy approved by the ASP. Highlight and justify
differences. (b)(2)(90) Competition. If the acquisition requires
a J&A (FAR 6.303-1), the AP competition portion should only
contain a reference to the J&A (which must be included as
an attachment to the plan). When approved, reference and attach
the complete J&A document in lieu of the preliminary document.
Do not include any other information in this part of the AP.
(b)(4)(90) Contracting considerations. Determine whether any
special administration (e.g. retention of normally delegated functions,
delegation of additional duties, or handling of special circumstances)
is needed, and describe actions to be taken to meet these needs.
State whether or not a Memorandum of Agreement (MOA) or Letter
of Delegation (LOD) is desirable. AFMCAC 96-3
15 May 1996 7.1-3
(91) If a waiver to cost
or pricing data (Public Law 87-653) or cost accounting standards
(Public Law 91-379) is required, provide a time-phase schedule
for processing which permits submittal to HQ AFMC/PKF at least
eight weeks before contract award. (92) For programs lasting
more than one fiscal year, include a discussion providing the
rationale guiding the selection of annual or multiyear contracting
techniques, if applicable. If annual contracting is to be used,
explain how continuous contractual coverage will be provided throughout
the program's life. For programs which are not initially compatible
with multiyear contracting, identify when multiyear might be used.
Rationale supporting the use of annual contracting will address
why the program is not compatible with the objectives (see FAR
17.102-3) and criteria (see FAR 17.103-1(a)) governing the use
of multiyear contracting. If multiyear contracting is to be used,
identify whether classic or expanded multiyear techniques will
be used. (93) If the procurement is sole source, discuss
whether or not selected items can be broken-out for purchase from
the actual manufacturer or made competitive. (94) Examine
the type contract and rationale used. The type contract selected
should be consistent with the associated risk assessment discussed
at FAR 7.105(a)(7). For example, a firm fixed price contract
may not be consistent with a high technical risk. Instead, a
cost or fixed price incentive contract would be more appropriate.
Discuss whether a draft request for proposal will be utilized
to obtain contractor comments in advance of the formal RFP. If
a draft RFP is to be used, include a milestone in the milestone
schedule. (95) Options. Give option quantity and exercise
time. If applicable, state the not-to-exceed (NTE) value of any
options and clearly describe the method to obtain and validate
the NTE amount. (96) Discuss use of demonstration milestones
(either with options or otherwise) as described under AFMCFARS
5317.208(90) and AFMCFARS 5317.96. Single managers and contracting
officers are encouraged to use incentives to motivate contractor
performance in meeting demonstration milestones. Indicate in
the AP whether such incentives will be used and how they will
be structured if incentives will be incorporated in the contract(s).
(97) Address the applicability of Economic Price Adjustment
clause. (b)(5) Budgeting and funding. (90) If plans
are submitted with known shortfalls in available funding or programmed
funding, identify the shortfall amounts and the actions in process
to provide the difference (e.g., USAF in process of reprogramming
funds to eliminate the shortfall in the current fiscal year).
If multiple funds (3600, 3020, etc.) are considered for use in
one acquisition or general technical area, identify on separate
AFMC Form 457, Funding Summary, the effort to be funded by each
type of fund. Explain reasons for use of 3600 and acquisition
monies to fund the same contract, and balance funding totals and
breakout amounts. (91) Include a statement whether full
funding or incremental funding will be used and explain why.
(92) Include the quantity and estimated cost of each item
to be purchased by fiscal year.
AFMCAC 96-3 15 May 1996 7.1-4
(93) In addition to the AFMC Form 457, provide a milestone chart depicting by appropriation and year, when each type of funds will be obligated, when it will be liquidated, and when it will be subject to cancellation. (94) Discuss contingent liabilities such as award and incentive fees, provisioned items order definitizations, warranties, economic price adjustment clauses, contract close-out costs, disposal of GFP, etc. (emphasize expired and cancelled funds appropriation impacts throughout program execution). Describe procedures used to identify and fund unexpected shortfalls. (b)(12) Logistics considerations. (90) For programs/projects that will enter production of the supply system, describe supportability of the program (e.g., Integrated Logistics Support including Logistics Support Analysis (LSA), Production/Spares Acquisition, Interim Contractor Support, Support Equipment, Engineering Data). (91) Describe the reliability and maintainability goals, including an explanation of how they were determined. A justification is required if no improvements are expected. If warranties are not planned, include an explanation. (b)(15) The cognizant program manager should enlist participation of environmental experts from the Environmental Management, Surgeon General, Safety, Legal and other appropriate offices during the formulation of the
program acquisition strategy and the coordination of acquisition plans. For programs involving significant ODS issues, request environmental experts to participate as Integrated Acquisition Strategy Process Roundtable members in accordance with AFMCP 800-7 and as Acquisition Strategy Panel members in accordance with AFFARS 5307.104-91.
(17) Other considerations. (90) Provide a discussion of reprocurement data requirements planning for the total program including major items and the overall approach for acquiring parts, components or assemblies.
(91) If an Acquisition Strategy Panel (ASP) was not conducted, the reasons for not convening an ASP must be included in the AP. (b)(18) Milestones for the acquisition cycle. As a minimum, list milestones for actions mentioned in FAR 7.105(b)(18) and the following: (90) Program approval. (91) Funds availability. (92) GFP lay-in schedule (if applicable). (93) Contract Award Announcement of Over $5 Million Dollars, RCS:
DD-LA(AR) 1279, Report (see AFFARS 5305.303).
(b)(20) Attachments. The following documents should be attached to the AP.
(90) Funding Summary (AFMC Form 457)
(91) ASP meeting minutes
(92) Justification and Approval (J&A)
(b)(90) Acquisition Summary. An Acquisition Summary is required for acquisitions cited in 5307.103(g)(1)(92).
(i) An Acquisition Summary shall address, as a minimum the following:
(A) Describe in detail the supplies, services or modification being acquired to include a statement of need and background of the program.
(B) Describe the associated risks of the program to include the technical, cost, schedule and program risks.
(C) Discuss the delivery/performance requirements.
(D) Discuss the reliability/maintainability
requirements for the program as applicable.
AFMCAC 96-3 15 May 1996
7.1-5
(E) Discuss the acquisition approach (the extent to which full and open competition was sought versus sole source), any acquisition history, and proposed contracting method and type contract.
(F) Provide the estimated cost of the supply, service or modification.
(ii) Acquisition summaries
shall be signed by the SM/FD, PCO and coordinated and approved
in accordance with 5307.103(g)(1)(90) and 5307.103(g)(1)(91) as
appropriate.
5307.105-90 Simplified S&T Acquisition Plan Format.
(a) Use the simplified format under Figure 5307-2 for all S&T acquisition plans and combined AP/J&As under $100M. The simplified format includes two cover pages--one for full and open competition (Figure 5307-3) and one for other than full and open competition (Figure 5307-4). When other than full and open competition applies, the cover page under Figure 5307-4 also serves as the justification review document (JRD) (see 5306.303-2(a)(92) and (93) and 5306.303-290(91)). For acquisitions requiring SPE approval, the Technology Executive Officer (TEO) must sign the AP (or combined AP/J&A) after Laboratory Commander/Director coordination. For actions under the SPE threshold, the Laboratory Commander/Director may delegate AP/J&A signature authority to the two-letter Technical Director, or lower, in accordance with
local procedures. If the action is a combined AP/J&A between $1M and $10M, the cover page must be signed by a general officer or a member of the Senior Executive Service(SES) (see FAR 6.304). All signature/coordination blocks should include name, rank/grade, office symbol, and DSN telephone number.
(b) Send all simplified S&T
APs and combined AP/J&As (and updates and amendments) requiring
SPE approval to HQ AFMC/PKT for review. HQ AFMC/PKT will coordinate
with HQ AFMC/PKA and obtain TEO signature before forwarding to
SAF/AQCS for further processing.
AFMCAC 96-3 15 May 1996
7.1-6
PREPARED BY: NAME
RANK/GRADE
OFFICE SYMBOL, TELEPHONE NUMBER
(SIGNATURE) DATE COMPLETED
COORDINATIONS: CONTRACTING OFFICER
RANK/GRADE
OFFICE SYMBOL, TELEPHONE NUMBER
(SIGNATURE) DATE
SENIOR CENTER CONTRACTING OFFICIAL (SCCO)
(OR)
SENIOR LABORATORY CONTRACTING OFFICIAL (SLCO)
RANK/GRADE
OFFICE SYMBOL, TELEPHONE NUMBER
(SIGNATURE) DATE
PROGRAM MANAGER (PM)
SYSTEM PROGRAM DIRECTOR (SPD)
(OR)
FUNCTIONAL DIRECTOR (SPD)
RANK/GRADE
OFFICE SYMBOL, TELEPHONE
(SIGNATURE) DATE
CENTER COMMANDER
RANK/GRADE
(SIGNATURE) DATE
APPROVAL: PROGRAM EXECUTIVE OFFICER (PEO)
(OR)
DESIGNATED ACQUISITION COMMANDER (DAC)
TITLE (SIGNATURE) DATE
AFMCAC 96-3 15 May 1996 7.1-7
A. ACQUISITION BACKGROUND AND
OBJECTIVES
1. BACKGROUND
a. Program Name:_______________________________________________________
b. Laboratory:_________________________________________________________
c. Program Management Directive No. and date:__________________________
Other program direction (e.g., TAP, TIP, Roadmap):________________ d. Basic contract period of performance _______________________________
Option(s)_________________________________________________________
e. Estimated total program/project cost: $____________________________
f. Acquisition Strategy Panel (Attach minutes):
Chairperson_______________________________
Date______________________________________
2. PROGRAM/PROJECT INFORMATION
a. Statement of need: Include a brief statement of the requirement for this effort.
b. Effort Description: Provide a brief general description of project/program including the technical objectives, approach, and duration of the effort. Summarize the technical and contractual history of the acquisition. What is the relationship of this effort to Air Force operational and mission requirements? What is the expected application of this technology? When applied, how will the technology improve current capabilities?
c. Acquisition Alternatives: Discuss feasible acquisition alternatives and related in-house efforts.
d. Applicable Conditions
(1) Effort to be acquired is (check one):
____ Research (normally 6.1 funded)
____ Exploratory Development (normally 6.2 funded)
____ Advanced Development (normally 6.3A funded)
(2) Highest security classification is _________________________
(3) Will research involve human or animal subject usage?________
(4) Identify government furnished property, base support or
contractor acquired property associated with this
acquisition:_______________________________________________
(5) Identify regulated hazardous materials or significant/
controversial environmental issues associated with this
project:___________________________________________________
(6) Will a final technical report be required?_________________
(7) Identify computer hardware/software to be delivered under
the contract(s):_____________________
3. RISK
a. Risk Assessment. Indicate
with an X.
Risk ____Low___________________ Moderate___________________High_______
Technical |____________|____________|____________|____________|____________|
Cost |____________|____________|____________|____________|____________|
Schedule |____________|____________|____________|____________|____________|
Other |____________|____________|____________|____________|____________|
b. Main Risk Driver(s). Identify overall program risk and briefly discuss what drives it and why (see above chart).
AFMCAC 96-3 15 May 1996
7.1-8
B. PLAN OF ACTION
1. BUDGET/COST INFORMATION
a. Budget. For Air Force funds,
provide the following totals for the project. If more than one
type of funding is used (e.g., 3600 and 3400), provide the information
for each type in separate tables.
FYXX FYXX FYXX
Type Money/Program Element ID
Approved Funding Amount
Required Funding Amount
Difference
Identify any shortfall in available
or programmed funding, including a description of actions to resolve
the shortfall. Also, show by appropriation and year when each
type of funds will be obligated, liquidated, and canceled. In
addition, discuss contingent liabilities (GFP repair costs, patent
indemnity, data rights infringement, contract close-out costs,
etc.) and proposed actions to identify and fund unexpected shortfalls.
If more than one type of funding
is to be used, briefly describe the reasons why.
b. Funding Sources:
(1) Air Force: $____________________
(2) Other Services: $____________________
(3) Other (Identify): $____________________
(4) Will contract be incrementally
funded? ___________________
c. Cost
(1) Estimated Total Contract Cost(s): $____________________
(2) Estimated Other Costs (provide
brief description): $____________________
(3) Total Program/Project
Cost: $____________________
2. MILESTONES FOR THE ACQUISITION
CYCLE
Indicate the date for the following
milestones: acquisition plan/J&A approval, solicitation release,
proposal receipt, proposal evaluation complete, negotiation conclusion,
contract award, significant performance milestones, and contract
completion.
3. BUSINESS
a. Potential source(s). List
each source and indicate whether it is: small business, large
business, small disadvantaged business, nonprofit, not-for-profit,
educational, or labor surplus area concern. (If list is lengthy,
include as an attachment.)
b. Competition. Full and open
competition: Yes______ No______
(1) If full and open competition, check as appropriate:
(a)_____Source selection IAW AFMCFARS Appendix BB,
Section F. SSA:___________________
(b)_____BAA
(c)_____PRDA
(d)_____Other source selection procedure (identify)_________
AFMCAC 96-3 15 May 1996
7.1-9
(2) If other than full and open competition:
(a) FAR 6.302 authority:___________________________________
(b) Required due to contractor's unique qualifications, as
follows:____________________________ or due to the
nature of the acquisition, as follows: ________________
(c) CBD Notice (IAW Subpart 5.2): Publication date
______________________or FAR 5.202 exception___________
(d) Indicate how market survey was accomplished:
i. Commerce Business Daily notice publication date
________________________________
ii. Other market survey_____________________________
iii. Firms indicating interest (include reasons for
excluding them): _____________________
(e) Provide the following information when using one of the
exceptions below:
i. FAR 6.302-1(a)(ii): An estimated duplicate cost
to the government is $_______________ (include how
estimate was derived), or unacceptable delays
are______________________
ii. FAR 6.302-2: The estimated extent of harm to the
government is $___________________ and rationale
as to nature of harm is___________________________
(f) Briefly describe the basis for determining the
estimated price to be fair and reasonable.
(g) Briefly describe any efforts to remove or overcome
barriers
to competition for subsequent acquisitions.
c. Contract/Business Information
(1) Number of contracts to be awarded___________________________
(2) For each contract, provide:
(a) Contract description__________________________________
(b) Estimated value $____________________________________
(c) Will a letter contract or other undefinitized action
be used?____________________________
(d) Anticipated BAA/PRDA CBD publication date_________
N/A_________
(e) Contract type: CR_____ CPFF _____ CPIF _____
CPAF _____ Other___________________
Contract form: completion _____ term _____
combination _____
(f) Incentives (or award fee) will be related to:
Cost_____ Technical Performance_____ Schedule______
Other _____ N/A _____
(g) Share ratio(s) will be________________N/A_____________
(h) Number of options and estimated value, if applicable:
_________________________________
(i) Will this be a task order contract?___________________
(j) Other significant contract features or requirements
are________________________________
(k) Technical data rights desired: Unlimited_____
Limited_____
Government Purpose License Rights_____ N/A_____
(l) Noncommercial computer software (NCS) rights desired:
Unlimited______ Restricted______
Government Purpose License Rights______ N/A______
(m) NCS documentation rights desired: Unlimited ______
N/A _____
(n) Commercial computer software rights desired:
Customary
license ______ N/A ______
AFMCAC 96-3 15 May 1996 7.1-10
Laboratory (or other S&T location):
Program Name:
Program Element:
Acquisition Plan Number:
Date:
Prepared by: Program Manager:
Name: Name:
Rank/Grade: Rank/Grade:
Office Symbol: Office Symbol:
Phone Number: Phone Number:
I have reviewed this document
and believe it is accurate and complete. I agree with the proposed
acquisition approach.
_______________________ ______________________________
Contracting Officer Technical Director
(or other title as
appropriate)
If greater than $25M--
Coordination: Approval:
_______________________ ______________________________
Director of Contracting Assistant Secretary of the Air Force (Acquisition)
_____________________________
Laboratory Commander/Director
____________________________
Technology Executive Officer
AFMCAC 96-3 15 May
1996 7.1-11
Laboratory (or other S&T location):
Program Name:
Program Element:
Acquisition Plan Number:
Date:
Prepared by: Program Manager:
Name: Name:
Rank/Grade: Rank/Grade:
Office Symbol: Office Symbol:
Phone Number: Phone Number:
I have reviewed this document
and believe it is accurate and complete. I agree with the proposed
acquisition approach.
The Contracting Officer hereby
determines that the anticipated cost of the proposed acquisition
is fair and reasonable and certifies that the justification for
this action is accurate and complete.
The Technology Director hereby
certifies that the data provided by the technical office in support
of the justification for this proposed acquisition is accurate
and complete.
_________________________ _________________________
Contracting Officer Local Legal
Reviewer
__________________________ ______________________________
Local Competition Advocate Technical Director
(or other title as
appropriate)
If greater than $10M--
Coordination:
____________________________
Technology Executive Officer
_________________________
Director of Contracting
Approval:
_____________________________ ____________________________________
Laboratory Commander/Director Assistant Secretary of the Air Force
(Acquisition)
AFMCAC 96-3
15 May 1996 9-i
PART 5309--CONTRACTOR QUALIFICATIONS
SUBPART 5309.1--RESPONSIBLE
PROSPECTIVE CONTRACTORS
Paragraph
Title Page
5309.103 Policy. 9.1-1
5309.104-2 Special standards. 9.1-1
5309.105 Procedures. 9.1-1
5309.106-4 Reports. 9.1-1
SUBPART 5309.2--QUALIFICATION
REQUIREMENTS
5309.200 Scope of subpart. 9.2-1
5309.201-90 Definitions. 9.2-1
5309.202 Policy. 9.2-1
5309.203 QPL's, QML's, and QBL's. 9.2-3
5309.204 Responsibilities for establishment of a 9.2-3
specification requirement.
5309.205 Opportunity for qualification before award. 9.2-3
5309.206 Acquisitions subject to qualifications requirements. 9.2-3
5309.206-1 General. 9.2-3
5309.308 Contract clauses. 9.3-1
5309.308-1 Testing performed by the contractor. 9.3-1
5309.308-2 Testing performed by
the government. 9.3-1
SUBPART 5309.4--DEBARMENT,
SUSPENSION, AND INELIGIBILITY
5309.405 Effect of listing. 9.4-1
5309.405-1(90)Continuation of current contracts. 9.4-1
5309.406-3 Procedures. 9.4-2
SUBPART 5309.5--ORGANIZATIONAL AND CONSULTANT
CONFLICTS OF INTEREST
5309.504 Contracting officer responsibilities. 9.5-1
5309-505-1 Providing systems engineering and technical 9.5-1
direction.
5309.506 Procedures. 9.5-1
5309.507 Solicitation provision and contract clause. 9.5-1
5309.507-1 Solicitation provision. 9.5-1
5309.507-2 Contract clause. 9.5-1
AFMCAC 96-3
15 May 1996 9.1-1
PART 5309CONTRACTOR QUALIFICATIONS
SUBPART 5309.1RESPONSIBLE
PROSPECTIVE CONTRACTORS
5309.103 Policy.
(c)(90) AFMC contracting offices shall establish review procedures
for override of a negative preaward survey.
5309.104-2 Special standards
(a) The contracting officer
may insert a provision substantially the same as 5352.209-9003,
Definitive Responsibility Criteria, in Section M of solicitations
when special standards of responsibility are required. When using
definitive responsibility criteria the contracting officer shall
ensure that use of the criteria is properly supported in the record:
The customer or technical function provides a written explanation
of why the special standards are needed, the successful offeror's
data submission (or other data) provides specific and objective
evidence that the offeror meets the standards, and the responsibility
determination or other documentation in the award file shows that
the special standards were met.
5309.105 Procedures.
5309.1051 Obtaining Information.
(c)(7)
For major and selected program source selections, a Manufacturing
Management/Production Capability Review (MM/PCR) is required unless
waived by the Source Selection Authority. An MM/PCR may be conducted
for other source selections at the discretion of the SSA. The
contracting officer shall use any MM/PCR report or resulting data
as input to make a determination of responsibility for the prime
contractor, or as necessary, subcontractors (FAR 9.1044(b)).
See AFMCP 844 for guidance on conducting MM/PCRs.
5309.1064 Reports.
(c)(90) When a preaward survey is conducted on a negotiated acquisition and specific areas which have a material effect on the performance of the contract are found deficient, the prospective contractor can make commitments to correct the deficiencies after contract award. The contracting officer shall establish procedures in the contract to correct the deficiencies identified in the preaward survey when:
(1) the award will be made although there are deficiencies,
(2) correction of the deficiencies is required for successful completion of the contract, and
(3) the contractor is otherwise
determined responsible. If necessary to ensure contract performance,
the contracting officer shall insert the clause at 5352.2099000
in Section H of the contract awarded. The clause shall be completed
to clearly state what action shall be taken to correct the deficiencies,
what the acceptance/completion criteria are, who will make the
determination of completion of the corrections, and the date(s)
or time period(s) when the action(s) are to be completed in order
to permit performance and delivery as stated in the contract.
AFMCAC 96-3
15 May 1996 9.3-1
5309.308 Contract Clauses.
The contracting officer may
insert the clause at 5352.209-9004, in Section I of solicitations
and contracts whenever the first article approval clauses at FAR
52.209-3 and/or 52.209-4 are used. The dollar value to be inserted
in the designated blank should include the government estimated
value of testing, inspection and evaluation (contained in block
9.g. of AFMC Form 260) and the estimated administrative cost of
processing the associated contract modification. FAR 15.605(e)
identifies $500 as the administrative cost to the government for
issuing and administering contracts when making multiple awards.
This dollar value is considered representative of the administrative
cost associated with processing a contract modification and may
be used by the contracting officer or the value may be adjusted
as necessary.
5309.308-1 Testing performed by the contractor.
(b)(3)(90) To identify the
material the contractor is authorized to purchase before first
article approval, the contracting officer may use, with the clause
at FAR 52.209-3 Alternate II, a clause substantially the same
as the clause at 5352.209-9007.
5309.308-2 Testing performed by the Government.
(b)(3)(90) To identify the
material the contractor is authorized to purchase before first
article approval, the contracting officer may use, with the clause
FAR 52.209-4 Alternate II, a clause substantially the same as
the clause at 5352.209-9007.
AFMCAC 96-3
15 May 1996 11-i
Paragraph
Title Page
5311.204 Solicitation provisions
and contract clauses 11.2-1
5311.403 Supplies or services 11.4-1
5311.404 Contract clauses
11.4-2
5311.604 Solicitation provisions
and contract clauses 11.6-1
AFMCAC 96-3
15 May 1996 11.2-1
5311.204 Solicitation provisions and contract clauses.
(90) When the requiring activity has stated the need for configuration management in replenishment spares or other acquisitions covering modification programs involving large production runs and the requirement is not captured in a SOW tasking, the contracting officer may insert the clause at 5352.211-9000, Configuration Management, substantially as written, in Section C, "Description/Specification/Work Statement," of all solicitations and contracts involving hardware/software developed or adopted for government use including acquisitions of commercial equipment, modifications, and/or repair/manufacturing.
(91) When the solicitation
is for replenishment spare parts using Technical Data Packages
(TDPs) that contain, or the requiring organization believes to
contain, superseded or canceled Military Specifications and/or
Standards (MIL-Specs/STDs), the contracting officer shall insert
the provision 5352.211-9006 in the solicitation substantially
as written in Section L and the contract clause 5352.211-9007
substantially as written in Section I, "Contract Clauses."
If the Government approves proposed alternatives, complete the
Section I clause and incorporate it into the resulting contract.
Normally, consideration of contractor alternatives to superseded
or canceled MIL-Specs/STDs will not change the Government's minimum
requirements of the RFP and therefore would not require a solicitation
amendment. However, there may be situations where contractor
alternatives are determined to fundamentally change the Government's
requirements of the RFP. In these unique situations, the contracting
officer, in conjunction with the requirements organization, must
make a determination to amend the solicitation.
AFMCAC 96-3
15 May 1996 11.4-1
5311.403 Supplies or services.
(d)(90) Replenishment spare parts contract delivery schedule dates will be expressed as specific calendar dates in all contractual instruments, unless the file is documented by the PCO with rationale for establishing delivery schedules in terms of time from a specific event (after receipt of award, acceptance of proposal, acceptance of first article, or other event). File documentation is not necessary for contracts which include first article provisions and basic indefinite delivery type contracts (file documentation is required for orders placed against indefinite delivery type contracts). On replenishment spare parts contracts, except as provided for in 5343.102(c), if delivery dates are expressed in the contract as time from a specific event and a modification to the contract is issued subsequent to the occurrence of that event, the delivery dates shall be converted to specific calendar dates with that modification. On replenishment spare parts contracts with first article testing requirements, specific calendar dates for delivery of production items shall be established at the time of first article approval with the issuance of a modification.
(91) In calculating the dates, the following applies:
(i) On unilateral awards (acceptance of proposal, unilateral purchase orders), compute by adding the contractor's offered lead-time plus administrative lead-time to complete the award and mailing time.
(ii) On orders under indefinite delivery and indefinite quantity contracts, compute by adding the contract stated delivery period plus administrative lead-time to complete the award and mailing time.
(iii) Standard administrative
lead-times may be established locally or may be estimated by the
contracting officer on each individual procurement. A standard
mailing time of five days shall be used.
5311.404 Contract clauses.
(a)(90) The contacting officer may insert the clause at 5352.211-9005, Delivery Schedule - Unilateral Order, in Section F, "Deliveries or Performance," of solicitations and contracts which provide for unilateral orders to be issued by the government and a firm delivery schedule or completion date has not been established.
(91) Concurrent Acceptance. The contracting officer shall insert a clause substantially the same as 5352.211-9003, "Concurrent Delivery of Spares, Support Equipment, and Technical Data with Prime Mission Equipment," in Section F, "Deliveries or Performance," of solicitations and contracts if the government requires concurrent or prior delivery of specific contract line items or subline items before acceptance of a contract line item or items for prime mission equipment can be deemed final.
(92) Accelerated Delivery Prohibited. The contracting officer shall insert a clause substantially the same as 5352.211-9004, "Accelerated Delivery Prohibited," in Section F, "Deliveries or Performance," of solicitations and contracts, if line item prices have been established based upon a specific delivery schedule or if government costs for storage, handling, deterioration, or other considerations such as warranty expiration preclude early acceptance of contract deliverables.
(93) Rental of Real Property. The CO may insert the contract clause substantially as set forth at 5352.211-9002, "Rental of Real Property," in Section I, "Contract Clauses," of solicitations and contracts when a lease is contemplated and the item(s) to be leased must meet condition or operating requirements.
AFMCAC 96-3
15 May 1996 11.4-2
(94) Early Delivery Authorization.
When the purchase request is for spare parts to be delivered
f.o.b. origin and identifies the item(s) as amended shipping instruction
(ASI) candidate(s), insert the clause at 5352.211-9008, "Authorization
for Early Delivery," in Section F, "Deliveries or Performance,"
of the solicitation and contract(s). When a contractor requests
authorization to deliver 20 calendar days or more before the contract
scheduled delivery date(s), the contracting officer shall verify
with the item manager that there are no ASIs which need to be
issued before authorizing the early delivery in writing.
AFMCAC 96-3
15 May 1996 11.6-1
5311.604 Solicitation provision and contract clause.
(90) The contracting officer shall insert the clause at 5352.211-9001, Contractor Reporting Requirements, in Section I, "Contract Clauses," of solicitations and contracts that will result in the placement of rated orders.
AFMCAC 96-3
15 May 1996 14-i
PART 5314--SEALED BIDDING
SUBPART 5314.2--SOLICITATION
OF BIDS
Paragraph
Title Page
5314.201 Preparation of invitations for bids. 14.2-1
5314.201-1 Uniform contract format. 14.2-1
5314.201-5 Representations and certifications. 14.2-1
5314.202-4 Bid samples. 14.2-1
5314.205-5 Release of solicitation mailing lists. 14.2-1
5314.208 Amendment of invitation
for bids. 14.2-1
SUBPART 5314.3--SUBMISSION
OF BIDS
5314.301 Responsiveness of bids. 14.3-1
5314.304 Late bids, late modifications of bids, or late 14.3-1
withdrawal of bids.
5314.304-4 Records. 14.3-1
SUBPART 5314.4--OPENING OF
BIDS AND AWARD OF CONTRACT
5314.407 Award. 14.4-1
5314.407-1 General. 14.4-1
AFMCAC 96-3
15 May 1996 14.2-1
PART 5314--SEALED BIDDING
SUBPART 5314.2--SOLICITATION
OF BIDS
5314.201 Preparation of invitations
for bids.
5314.2011 Uniform contract format.
(90)(d) See guidance at 5315.4061(90).
5314.2015 Representations and certifications.
(90) MADES solicitations only:
Include the provision at 5352.2159000, Representations
and Certifications, in Section K of all large dollar IFBs.
5314.202-4 Bid samples.
(90) See 5315.407(91) for information
on proposal samples.
5314.205 Solicitation mailing
lists.
5314.205-5 Release of solicitation mailing lists.
In order to facilitate subcontracting/teaming
on a program, a list of prospective bidders may be included as
an attachment to the solicitation. The solicitation should contain
a notice to advise bidders that the list is provided only to facilitate
subcontracting/teaming, if desired; the date to which the list
is current; and any other information regarding how future updates
to the list will be handled, if applicable. This notice may be
included either on the list of prospective bidders or as an administrative
notice in Section L.
5314.208 Amendment of invitation for bids.
(90) See guidance at 5315.410(90).
AFMCAC 96-3
15 May 1996 15-i
Paragraph
Title Page
5315.402 General. 15.4-1
5315.403 Solicitation mailing lists. 15.4-1
5315.405-90 Use of Draft Request for Proposals (DRFPs). 15.4-1
5315.406 Preparing Requests For Proposals (RFPs) and 15.4-4
Requests For Quotations (RFQs).
5315.406-1 Uniform contract format. 15.4-4
5315.406-5 Part IV representations and instructions. 15.4-5
5315.407 Solicitation provisions. 15.4-7
5315.408 Issuing solicitations. 15.4-7
5315.409 Pre-proposal conferences. 15.4-7
5315.410 Amendment of solicitations before closing date. 15.4-7
5315.412 Late proposals and modifications.
15.4-8
5315.501 Definitions. 15.5-1
5315.503 General. 15.5-1
5315.504 Advance guidance. 15.5-1
5315.506 Agency procedures. 15.5-1
5315.506-1 Receipt and initial review. 15.5-2
5315.506-2 Evaluation. 15.5-2
5315.507 Contracting methods. 15.5-3
5315.509 Limited use of data.
15.5-4
5315.604 Responsibilities. 15.6-1
5315.605-90 AFMC blue ribbon contractor program. 15.6-1
5315.605-91 Phase-in costs. 15.6-10
5315.607 Disclosure of mistakes before award. 15.6-10
5315.608 Proposal evaluation. 15.6-10
5315.609 Competitive range. 15.6-10
5315.611 Best and final offers. 15.6-11
5315.614-90 Incorporation of
contractor technical proposal. 15.6-11
5315.705 Solicitation requirements. 15.7-1
5315.706 Evaluation, negotiation,
and agreement. 15.7-1
5315.802 Policy. 15.8-1
5315.803 General. 15.8-1
5315.804-1 Prohibition on obtaining cost or pricing data. 15.8-1
5315.804-3 Exemptions from or waiver of submission of 15.8-1
certified cost or pricing data.
5315.804-6 Procedural requirements. 15.8-2
5315.804-7 Defective cost or pricing data. 15.8-3
5315.805 Proposal analysis. 15.8-5
AFMCAC 96-3
15 May 1996 15.4-1
PART 5315--CONTRACTING BY NEGOTIATION
SUBPART 5315.4--SOLICITATION
AND RECEIPT OF PROPOSALS AND QUOTATIONS
5315.402 General.
(g) In accordance with FAR 15.402(g)
use letter Requests for Proposals (RFPs) as the preferred practice
for sole source acquisition.
5315.403 Solicitation Mailing Lists
In order to facilitate subcontracting/teaming
on a program, a source list may be included as an attachment to
the solicitation. The solicitation should contain a notice to
advise offerors that the list is provided only to facilitate subcontracting/teaming,
if desired; the date to which the list is current; and any other
information regarding how future updates to the list will be handled,
if applicable. This notice may be included either on the source
list or as an administrative notice in Section L.
5315.40590 Use of Draft Requests For Proposals (DRFPs)
(a) General. DRFPs shall be used to the maximum extent possible. They are a valuable tool that can pare requirements to the bare essentials, reduce proposal preparation and evaluation time, and can be an integral part of the interaction and communication process with industry throughout the acquisition cycle. Early government/industry communication reduces adversarial relationships, promotes a clearer understanding of requirements, enables industry to respond more effectively with proposals, and produces better end products. Industry feedback on planned acquisitions can result in significant cost savings and program improvements by deleting excessively complex elements and unneeded requirements, and by exploring productivity enhancement initiatives or other innovative techniques.
(b) Applicability. DRFP procedures apply to competitive acquisitions estimated to exceed $25M. These procedures are not required on routine spares acquisitions. DRFPs may be used below this threshold if the acquisition will benefit significantly from industry involvement.
(1) Obtain approval from the Senior Center/Laboratory Contracting Official (SCCO/SLCO nondelegable) to waive DRFPs. Document the waiver and make it part of the contract file. If waived, the PCO shall consider allowing additional proposal preparation and submission time. In these circumstances the statutory 30 day minimum is generally inadequate.
(2) If industry feedback is considered essential for sound planning of noncompetitive acquisitions, a letter requesting specific information may be sent to the potential contractor. Include FAR 52.2153 provision, Solicitation for Information or Planning Purposes, in each letter request.
(c) Objectives. Use the DRFP process to encourage offerors to:
(1) Have dialogue with the government concerning our business and technical approach on a proposed acquisition;
(2) Propose methods to reduce proposal and contract costs, and explore technology modernization application and contract incentives, such as shared savings. These cost reductions may apply to other anticipated proposed work, if the instant work is insufficient to justify their use;
(3) Identify requirements that are considered significant "cost drivers" (items that represent high percentages of total cost) and to suggest revisions to performance, schedule, or other contractual requirements to enhance the program;
AFMCAC 95-2 21 July 1995 15.4-2
(4) Identify requirements that represent significant technical or schedule risk and tradeoffs. Early tradeoff identification promotes government/industry teamwork as well as the opportunity to improve the overall RFP and end product quality.
(d) Procedures.
(1) General. PCOs shall identify what they consider to be cost drivers in the DRFP transmittal letter (5315.40590(d)(3)(iv)(D)) to assist or elicit industry responses. Remind potential offerors that their proposed savings should look at total cost of ownership and should not reduce "instant contract" costs at the expense of life cycle costs. Proposed industry savings
need not be in dollar amounts since many cost reductions are selfevident; e.g., product management systems and data not contributing to the performance and use of the end item. Some areas with potential for cost savings are:
(i) Changes to requirements specifying manufacturing processes, facilities, tools, and test capabilities;
(ii) Schedule or delivery changes resulting in cost reductions;
(iii) Materials substitution;
(iv) Identifying overly restrictive and costly engineering and quality assurance specifications and requirements, including military specifications and standards;
(v) Use of Governmentfurnished equipment or standard commercial components instead of systempeculiar items;
(vi) Modifying standards of contractual arrangements that offer financial incentives to contractors and subcontractors to pursue cost reduction efforts during contract performance, or promote efficient and timely contract performance;
(vii) Simplifying and reducing special contract requirements, solicitation provisions, contract clauses and data requirements.
(2) Predraft RFP activities.
(i) Before DRFP release and to achieve the above objectives it may be desirable to involve industry executives as early as possible in the acquisition cycle (e.g., as soon as the requirement is known, upon receipt of the PMD or equivalent, etc.).
(ii) Early Involvement may be accomplished through Requests for Information in the Commerce Business Daily or letters issued to all known potential sources; presolicitation conferences (collective or individual), individual meetings; or other means, provided identical information (that which is releasable) is given to all potential sources. Information which would disclose a potential offeror's proprietary information or their intended technical or business approach shall not be released. During the DRFP phase, there may be direct interface between industry and the government technical community; however, with release of the RFP, the contracting officer shall be the single point of contact with industry and shall oversee all interaction with industry. During the DRFP phase, the followng applies:
(A) The single manager, SSM, or DSM and PCO shall jointly determine the extent of early industry involvement needed.
(B) Information given to industry may include a broad statement of need, general program/acquisition approach, planned schedule, and other available, releasable acquisitionrelated information.
(C) Request industry executives provide feedback in the following areas to the PCO or the Acquisition Ombudsman (for anonymity):
(a) How the government can best satisfy its needs;
(b) What alternative approaches could satisfy the government's needs;
(c) How can competition be obtained and sustained;
(d) Comments on acquisition approach, technology availability, risk and identification of cost drivers, and proposed significant discriminators for the source selection evaluation criteria.
AFMCAC 95-2
21 July 1995 15.4-3
(D) Caution participating industry executives that their comments should address the acquisition process and future solicitation requirements; not intended proposal approaches or solutions.
(E) To review industry input and prepare appropriate responses the contracting officer will use program office technical/functional and staff representatives. The PCO shall acknowledge the receipt of all industry responses and advise potential offerors of the disposition of comments. A presolicitation conference may be used to disseminate the information.
(F) To enhance communication, use technical libraries, electronic bulletin boards and other techniques, and maintain equal and open access of releasable information to all potential sources. As it becomes available, add releasable acquisitionrelated information, including draft portions of the DRFP/RFP.
(G) Individual meetings with potential offerors may be conducted to enhance communication with the consent of either the single manager, SSM, or DSM and PCO. When used, special care must be taken to ensure that all offerors are treated fairly and are provided identical information (that which is releasable). Advise the offeror at the beginning of the meeting that:
(a) Minutes shall be taken and maintained in the contract file.
(b) An extract of the minutes shall be provided to all known potential offerors. The extract shall not include proprietary information or information disclosing a particular offeror's intended approach disclosed before, or at the meeting via any means (e.g., verbal, written, or electronically) will be removed from the minutes before release to other potential offerors. Also, do not identify the contractor who asked a specific question or offered any comment included in the extract.
(c) Any new information (requirements, intended acquisition approach, schedule, etc.) provided to one offeror shall be made available to all potential offerors.
(d) A copy of the individual meeting minutes will be placed in the program library or on the electronic bulletin board, if used. (Note: Only releasable information will be available for access by potential offerors).
(H) Comments made by government representatives during group sessions or individual sessions shall not be construed as Government approval or disapproval of an offeror's intended business or technical approach.
(I) When appropriate, solicit voluntary inputs from industry using early industry involvement techniques and obtain advice from the requirements community to determine whether the specifications, standards, drawings, or other technical documents require Class I ODSs or can only be met through the use of such a substance and whether substitutes are available. Sources of information on available suitable substitutes are the local base Hazardous Material Pharmacy (HMP), the Air Force ODC Information Exchange (DSN 240-5118; Commercial (210) 536-5120), and PRO-ACT (1-800-233-4356). Ensure solicitations comply with federal, state, and local environmental laws.
(3) Draft RFPs.
(i) Synopsize DRFPs in the "Commerce Business Daily" unless synopsized earlier or exempted by FAR 5.202.
(ii) Plan the DRFP early in the acquisition cycle.
(iii) The single manager, SSM, or DSM authorizes the PCO to release the DRFP.
(iv) Use the DRFP Transmittal letter to:
AFMCAC 95-2
21 July 1995 15.4-4
(A) Describe the DRFP objective and procedures.
(B) Encourage the respondents to evaluate and challenge any element. Specifically identify areas or elements which should receive special attention
and are most susceptible to change (see paragraph 5315.4051(90)(d)(1) above).
(C) Emphasize that responses are voluntary and the Government is neither negotiating nor calling for offers during the process.
(D) Identify the Government's view of "high cost drivers" (see paragraph 5315.4051(90)(d)(1) above).
(E) Advise respondents to submit responses to the PCO or alternatively, for anonymity, through the Acquisition Ombudsman (see 5315.1100). Describe any special circumstances for response submissions (i.e., submission method and date, presolicitation conference scheduling to review responses, and so forth).
(F) Advise respondents that the Government reserves the right to incorporate suggested changes into the solicitation without identifying the submitter or obtaining approval.
(v) Issue a complete DRFP if possible. If a complete package cannot be issued, incremental release may be authorized. However, as a minimum, evaluation factors, pricing instructions (see 5315.4065(b) and a draft of the Statement of Work or Systems/Technical Requirements Document are mandatory. If time permits, more iterations of the DRFP may be used to further refine the RFP and promote greater understanding of the requirement.
(vi) Sequentially number DRFP pages so recipients can verify their DRFP package is complete. For incremental DRFP releases or when compliance would incur excessive governmental cost (for example, preprinted specification/
drawing sets), the single manager, SSM, or DSM (for Laboratories, the Laboratory Director) may waive the requirement to sequentially number DRFP pages. If waived, identify on the DRFP Transmittal letter, the portion(s) of the DRFP which is/are not sequentially numbered. Document the waiver and put in contract file.
(vii) The Foreign Disclosure Policy Office (FDPO) will determine releasability of DRFPs to potential foreign sources.
(viii) Expedite or reduce internal reviews (to the extent possible consistent with issuance of a good quality document) to permit maximum time for review by potential offerors. The value of the DRFP process is limited during shorter review periods, unless incremental releases have been made.
(ix) Upon release of a major acquisition DRFP, establish a program technical library or equivalent, for documents, publications and other data needed for DRFP evaluation.
(x) Send a copy of the DRFP to HQ DLAAQCO, Cameron Station, Alexandria, VA 22304-6190. Give using and supporting commands a copy to review in parallel with industry reviews.
(xi) The PCO, with the support of appropriate technical or functional specialists, will brief or provide the comments received and their recommended disposition to a DRFP Comment Disposition Panel. The panel will be chaired by either the single manager, SSM, or DSM and will consist of the Buying Office Contracting Official (BOCO) and a legal representative. Other functional staff may participate depending on the nature of the comments.
(xii) The PCO shall:
(A) Evaluate all comments for possible incorporation into the final RFP;
AFMCAC 96-1
31 October 1995 15.4-5
(B) Notify potential offerors of the government's evaluation and disposition of the DRFP responses (put a copy of the government's response in
the program technical library, if used) (see 5315.405-90(d)(2)(ii) regarding nondisclosure of information which is proprietary or would disclose an offeror's intended technical or business approach);
(C) Make an opportunity to privately discuss any comments not used; and,
(D) Ensure that all offerors are fairly treated and given identical information. Proprietary data previously disclosed by potential offerors shall not be released. If needed, hold a presolicitation conference to review and discuss DRFP responses.
(4) Where feasible, highlight changes from the DRFP to the RFP (e.g., change bars, italics, change log, etc.) to facilitate a clearer understanding of the requirements and to ensure the parties are aware of the latest changes.
5315.406 Preparing Requests
For Proposals (RFPs) and Requests For Quotations (RFQs).
5315.406-1 Uniform contract format.
(90) Page numbering.
(a) In addition to normal page numbering by section and attachments, number all RFP pages sequentially from 1 to N starting with the first RFP page. This permits offerors to determine whether or not a complete solicitation package has been received and assists the contracting activity in verifying a complete solicitation package is assembled and ready for release. The SPD (or equivalent) may waive the requirement to sequentially number solicitation pages, if such compliance would incur excessive government cost (for example, preprinted specification/drawing sets). If this requirement is waived identify on the solicitation cover page the portion(s) of the solicitation which is(are) not sequentially numbered. Document the waiver and make it part of the contract file.
(b) If additional pages must be added after sequential page numbers are applied, use a numeric/alpha designation to number them. Example: Designate a single insert page added after page 10 as 10A; two added, insert pages will be 10A and 10B, and so on.
(c) On the solicitation
cover page include a statement denoting the total number of sequential
pages in the solicitation and identify pages with numeric/alpha
designation. If there is a waiver to the sequential page numbering
requirement (see 5315.4061(90)(a) above), identify on the
cover page the portion(s) of the solicitation which are not sequentially
numbered. The requirement for numeric/alpha page numbering of
changes does not apply to portions of solicitations which are
automatically sequentially renumbered when prepared using the
Menu Assisted Data Entry System (MADES) or the Automated Purchase
System (J023).
5315.4065 Part IV Representations and instructions.
(b)(90) Section L, Instructions, conditions, and notices to Offerors or Quoters. When the solicitation includes a DD form 1423, Contract Data Requirements List, consider including language essentially the same as the provision at 5352.2159001, Alternative Data Offer, in Section L of the solicitation to permit alternative offers which recommend consolidation/ substitution/elimination of the stated data requirements.
(91) Cross Reference Matrix.
AFMCAC 95-2
21 July 1995 15.4-6
(i) The SPD and Contracting Officer jointly shall ensure the WBS; statement of work; contract line items; contract data requirements; Instructions, Conditions, and Notices to Offerors (Section L); and Evaluation Factors for Award (Section M) are easily relatable by potential offerors.
(A) Prepare a matrix as early as possible in the DRFP/RFP preparation process, depicting critical relationships between requirements and other sections/requirements of the DRFP/RFP for all acquisitions involving source selections IAW AFFARS Appendix AA or BB which are valued at $5,000,000 or more. Use of the matrix is optional for laboratory contracts for science and technology. These procedures may be used on sole source or other acquisitions when the acquisition will benefit from the use of a cross reference matrix. Use of the matrix may be waived, in writing, by the SCCO in cases where administrative burden of developing the matrix outweighs the potential benefit to be derived. Authority to waive the use of the RFP Cross Reference Matrix may be delegated no lower than the BOCO.
(B) The SPD or equivalent determines the level of detail of matrix requirements. Generally, prepare the matrix to the same degree of detail expected from proposals. That is, if the proposals are expected to address WBS level 3, the matrix will reflect WBS level 3. Ensure that the matrix is developed concurrent with the development of key RFP documentation (e.g., the SOW column of the matrix is prepared by the author of the SOW in conjunction with the development of the SOW).
(C) For standardization and consistency, place the matrix in Section L of the solicitation. Highlight the matrix in the Executive Summary or DRFP Transmittal letter, if desired. Including the matrix in the DRFP helps industry trace the program requirements and facilitates their feedback.
(D) Preface the matrix with the following statement: "If this matrix conflicts with any other requirement, direction or provision of this solicitation, the other reference shall take precedence over this matrix. Additionally, to the extent this matrix discloses details as to the extent or manner by which the Government intends to evaluate offeror's proposals for award, Section M references in the matrix are for information purposes only and the Government shall be obligated to evaluate proposals solely in conformance with the provisions of the Section M of the solicitation."
(E) Consider requesting the offerors include, at their discretion, the matrix, expanded by the addition of a column which identifies where in their proposal the work requirement identified in the matrix are addressed. If the offeror chooses to use the matrix, the expanded matrix should be located in the executive summary section of their proposal or cover letter.
(F) The PCO shall
ensure that a matrix similar to the one shown below is included
in Section L of the DRFP/RFP:
RFP CROSSREFERENCE
MATRIX
WORK WBS SOW PROPOSAL
REQMT ELE PARA CLIN
CDRL SEC L SEC M (OPTIONAL)
DESIGN B 2.1 3.2.3 0001 N/A 3.B.1 1.A *
BUILD A 2.2 3.3.3 0002 A001 3.B.2 1.B *
REPORT B 2.2 3.3.3 0003 A002 N/A N/A *
AFMCAC 96-3
15 May 1996 15.4-7
(G) Use the matrix during formal government reviews to determine if the solicitation is ready to be released. At a minimum; the PCO shall ensure that the Section M of the RFP does not call for the evaluation of proposal data not requested by Section L. While offerors may be evaluated based on information obtained from outside of the offerors proposal (CPAR data, preaward survey data, etc.), these areas usually require the offeror to submit some basic reference information (list of previous contracts, identification of contract administration offices, etc.) In these cases, the review must ensure that necessary reference data is requested by the RFP. In addition, the RFP should not request data in Section L for which no evaluation is described in Section M. The matrix serves as an excellent tool for making these determinations.
(H) After award, retain the matrix as a reference tool in the contract file. When contract modifications become necessary, the matrix may help in ascertaining the portions of the contract requiring change.
(ii) Keep the number and details of required pricing alternatives or options to a minimum consistent with management information needs.
(iii) Keep requirements for the submission of "plans" to a minimum, particularly when the potential offerors' existing management systems (e.g., C/SCSC) have been acceptable on previous contracts. Take a "zero base" approach to fully justify requested solicitation plans. That is, start with the position that no plans are to be required and fully justify each plan that is required.
(92)(i) The contracting officer shall insert a provision substantially the same as 5352.215-9023 in Section of L of solicitations for spare parts when no prequalification requirements exist and it is necessary to inform potential offerors that the government does not have complete and adequate data, special materials, facilities, tooling, or test equipment (e.g., AMSC code is other than "G") which may be required in the performance of the contract. The provision requires offerors to submit evidence that they can meet the government's requirements.
(ii) For repair and overhaul services, the contracting officer shall use the basic provision with its Alternate I.
(iii) Consider including
information regarding the restrictive nature of the acquisition
as well as identification of the known sources in the CBD synopsis.
5315.407 Solicitation provisions.
(90)(a) MADES solicitations only: Include the provision at 5352.2159000, Representations and Certifications in Section K.
(b) Solicitations for replenishment spares only: Include applicable provisions suggested in Subpart 5391, Surplus Acquisitions.
(c) The Contracting Officer shall insert a provision substantially the same as 5352.214-9001, Award- All or None Basis, in Section M of solicitations when contract award will be based on a proposal responding to all items included in the solicitation.
(d) The contracting officer shall insert a provision substantially the same as 5352.215-9017, Engineering Data, in Section L of all non-competitive solicitations for spare parts when it is anticipated that the offeror might offer an alternate part instead of a part specified in the schedule. Use of the provision is optional for all other non-competitive solicitations for supplies. If the Government elects to accept the alternate part proposed by
AFMCAC 96-3
15 May 1996 15.4-8
the offeror, insert a clause substantially the same as 5352.215-9021 in Section B of the contract.
(91)(a) The contracting officer shall insert the provision substantially as written at 5352.215-9022, Proposal Samples, in Section L of requests for proposals, if proposal samples, as discussed in FAR 14.202-4, are required.
(b) If it appears that the conditions in FAR 14.202-4(f)(1) and 14.201-6(o)(2)(i) will apply, the contracting officer shall use the provision with its Alternate I.
(c) If it appears that
the conditions in FAR 14.202-4(f)(1) and 14.201-6(o)(2)(ii) will
apply, the contracting officer shall use the provision with its
Alternate II.
5315.408 Issuing solicitations.
(90) Solicitation Review Board
(SRB). The purpose of a SRB is to review and evaluate solicitations
before release to industry. Guidance on policy and procedures
is in AFMCI 64-109, Solicitation Review Boards.
5315.409 Preproposal conferences.
(90)(a) Whenever practicable, a notice of prebid/preproposal conference should be included in the Commerce Business Daily synopsis. The notice should include date, time, location (including installation and building) and, if
applicable, security requirements.
(b) Minutes, including questions and responses will be maintained for
each preproposal conference. This record will be provided to all firms in
attendance and to those not in attendance to whom solicitations have been
provided. To preclude potential delays in the proposal opening date, copies
of the minutes will normally be mailed within five working days following the
conference.
5315.410 Amendment of solicitations before closing date.
(90) Procedures.
(a) All changes to quantity, delivery schedules, opening dates
specifications, significant contract provisions or to correct a defect or
ambiguity will be clearly displayed as a "From" and "To" entry in an amendment
to the solicitation. This will enable positive identification and correct
interpretation of the change.
(b) In the case of quantities, the old and new quantity and the net
increase/decrease will be shown on the amendment.
(c) The "From" and "To" entries for changes other than those identified
in paragraph (a) above are desirable
but not mandatory.
5315.412 Late proposals and modifications.
(90) Use AFMC Form 219, "Record of Late Bid/Proposal Modification of Bid/Proposal and Withdrawal of Bid."
AFMCAC 96-3
15 May 1996 15.6-11
proposals. When doing so, include a notice in the RFP that (i) technical proposals will be due on a date defined in the RFP, and (ii) offerors who
submit acceptable technical proposals
will be invited to submit cost/price proposals at a date which
will be announced in an RFP amendment.
5315.611 Best and final offers.
(c)(i)(B) The SSA shall submit requests for second or subsequent Best and Final Offers (BAFOs) for Other Contracting using formal source selection procedures to HQ AFMC/PKP for processing to AFMC/CC. Authority to approve requests for second or subsequent best and final offers is delegated to the chief of the contracting office for competitive negotiated Other Contracting actions using other than formal source selection procedures. Science and technology source selections conducted pursuant to Section F of AFMCFARS Appendix BB are considered other than formal. This authority is not
redelegable.
(c)(ii) The Senior Center Contracting Official shall forward an annual summary report as required by DFARS 215.611(c)(ii) to arrive at HQ AFMC/PKP
not later than ten days after
the close of each fiscal year.
5315.614-90 Incorporation of Contractor Technical Proposal
(a) The contracting officer shall use a clause substantially the same as 5352.215-9020, Incorporation of Contractor's Technical Proposal, in Section I in contracts which incorporate a contractor's technical proposal by reference.
(b) When AFMCFARS 5352.215-9020,
Incorporation of Contractor's Technical Proposal is used in a
contract, the RFP, Section L, should also contain the provision
at 5352.215-9019, Intent to Incorporate Contractor's Technical
Proposal.
AFMCAC 96-3
15 May 1996 15.8-1
5315.802 Policy.
(b)(90) AFMC policy is to ensure
that contracting personnel are sufficiently familiar with the
material characteristics of the requirement to effectively represent
the Government in the acquisition process. For replenishment
spare parts, each Air Logistic Center Senior Center Contracting
Official is responsible for establishing a comprehensive Know
Your Item program. The program will provide adequate item description
data to contracting personnel and ensure that they are trained
on the effective use of that data.
5315.803 General.
(b) For production programs,
consider work measurement data, makeorbuy strategy,
as well as projected productivity improvements.
5315.804-1 Prohibition on obtaining cost or pricing data.
(b)(5) Exceptional cases.
(90) Process waiver requests
for Other Contracting through AFMC/PK for approval by AFMC/CC,
the AFMC HCA.
5315.804-3 Exemptions from or waiver of submission of certified cost or pricing data.
(b)(1)(90) To meet the adequate price competition test, cost or price need not be the primary criteria in the evaluation of the proposal, however, it must be a substantial factor. Cost or price is considered substantial even if it is not formally weighted or scored. Cost or price may be considered substantial if:
(i) It is superior in order of importance to any other significant evaluation criteria; or
(ii) The selection will be based on the most advantageous offer, cost or price, or other factors considered, and the organization of the criteria suggests that cost or price, though not necessarily the determinative factor, will contribute substantially to the selection decision.
(2)(90) Adequate price competition would not exist and certified cost or pricing data would be required if:
(i) The initial price (including any options which are priced and evaluated) is relatively small in relation to the life cycle cost and the decision will be based upon life cycle cost; or
(ii) An offeror has proposed a technical effort so superior that it effectively eliminates all others from being selected for award; or
(iii) Offerors propose significantly different technological or design solutions to the same performance specification which make cost/price comparison impossible.
(3)(B)(1) In dual or multiple source programs, if either or both sources are assured a minimum quantity, certified cost or pricing data shall be requested for the minimum quantity.
(90) Source Selections. The
PCO's initial decision, that certified cost or pricing data will
not be required in source selections due to the anticipation of
adequate price competition, must be reevaluated throughout the
source selection process. Confirmation of the decision should
take place at a minimum, after the realism analysis, when the
competitive range is determined, and after discussions and Best
and Final Offer submission. The PCO's written
AFMCAC 96-3 15 May 1996
15.11-1
PART 15--CONTRACTING BY NEGOTIATIONS SUBPART 5315.11--OMBUDSMAN PROGRAM5315.1100 Purpose and applicability. (a) The Ombudsman, as a representative of the Designated Acquisition Commander (DAC), Center Commander, Laboratory Commander, or Program Executive Officer (PEO), facilitates communication between the program offices and interested parties (offerors, potential offerors, and industry representatives) in the resolution of significant acquisition matters arising during the proposal development phase of an acquisition. (b) The primary function of the Ombudsman is to hear concerns about specific issues in the preproposal phase of competitive acquisitions, including source selections, and to communicate these concerns to senior management personnel for the particular acquisition. The Ombudsman will act in a manner that does not compromise the interested party. If requested, anonymity will be maintained. (c) The scope of the Ombudsman's functions may cover all acquisitions up to contract award. It is important to remember, however, that the Ombudsman does not usurp normal procurement authority (i.e., program director, contracting officer, and source selection authority). 5315.1101 Procedures. (a) The Center Commander or Laboratory Commander (except for Wright Laboratory), shall appoint an experienced senior official as the Ombudsman. The Ombudsman will have sufficient authority to call upon other resources of the activity to accomplish the mission. (b) The Ombudsman shall (i) work with acquisition personnel to resolve issues raised by interested parties; (ii) report only to the DAC, Center Commander, Laboratory Commander, or PEO; and (iii) inform the commander or PEO, as required, of issues raised and actions taken. (c) Consistent with security requirements, the Ombudsman shall have access to the appropriate offices and be allowed to collect all relevant facts to resolve issues raised by interested parties. Ombudsmen are granted access on a class basis to source selection and proprietary information under 5303.1045(c). Source selection information must be obtained through the source selection authority. (d) The Ombudsman shall maintain a log to track individual cases from receipt to disposition. (Do not include names in the log if anonymity is requested.) (e) Identify the Ombudsman in the initial Commerce Business Daily (CBD) announcement of the acquisition (e.g., Requests for Information, Request for Proposal (RFP), Sources Sought Synopses) by including a statement similar to the one prescribed at 5305.207(f)(90). Also, either include the same statement substantially as written in RFP executive summary or cover letters or include the provision at 5352.215-9014 in Section L of the solicitation. (f) Publicity is the key to an effective Ombudsman program. The Ombudsman should establish a dedicated phone number for listing in the CBD announcement. In addition, the Ombudsman should publicize the program through speeches, articles, meetings, etc., and interact with industry on a regular basis.
AFMCAC 96-3
15 May 1996 16-i
PART 5316--TYPES OF CONTRACTS
SUBPART 5316.2--FIXED PRICE
CONTRACTS
Paragraph
Title Page
5316.203 Fixed price contracts with economic price adjustment. 16.2-1
5316.203-4 Contract clauses. 16.2-1
5316.205 Fixed price contracts with prospective price 16.2-1
redetermination.
5316.205-2 Application. 16.2-1
5316.205-3 Limitations. 16.2-1
5316.207 Firm-fixed-price, level-of-effort term contracts. 16.2-2
5316.207-90 Wrap rates. 16.2-2
SUBPART 5316.3--COST-REIMBURSEMENT
CONTRACTS
5316.307 Contract clauses. 16.3-1
SUBPART 5316.4--INCENTIVE
CONTRACTS
5316.401 General. 16.4-1
5316.403 Fixed-price incentive contracts. 16.4-1
5316.403-70 Fixed-price contracts with award fees. 16.4-1
5316.404 Cost-reimbursement incentive contracts. 16.4-1
5316.404-2 Cost-plus-award-fee contracts. 16.4-1
5316.405 Contract clauses. 16.4-3
5316.470 Other applications of
award fees. 16.4-3
5316.505-90 Contract clauses.
16.5-1
SUBPART 5316.6--TIME AND MATERIALS, LABOR-HOUR,
AND LETTER CONTRACTS
5316.601 Time-and-materials contracts. 16.6-1
5316.603 Letter contracts. 16.6-1
5316.603-2 Application. 16.6-1
5316.603-3 Limitations. 16.6-1
5316.603-4 Contract clauses. 16.6-1
SUBPART 5316.7--AGREEMENTS
5316.703 Basic Ordering Agreements (BOAs) 16.7-1
5316.703-90 Provisions/clauses. 16.7-1
5316.703-91 Placement and maintenance
responsibility. 16.7-2
AFMCAC 96-3
15 May 1996 16.2-1
PART 5316TYPES OF CONTRACTS
SUBPART 5316.2FIXEDPRICE
CONTRACTS
5316.203 Fixed price contracts
with economic price adjustment.
5316.2034 Contract clauses.
(d) Adjustments based on cost indices of labor or material.
(2) A sample EPA clause is provided at 5352.2169000. This clause may be tailored for individual acquisitions.
(i) EPA clauses shall be structured with adjustment thresholds above and below the baseline which must be exceeded to trigger an upward or downward contract price adjustment (trigger band). Price adjustments should be computed from the baseline and normally be plus and minus 2 percent for abnormal escalation clauses. For constant dollar index clauses, a smaller adjustment threshold may be appropriate. The projected rate of inflation for indices shall be the same as included in the contract base line prices. The EPA clause shall include a provision to negotiate a substitute index if an index is discontinued or significantly altered. Additionally, the provision shall also specify a time that a unilateral action will be made if the government and contractor cannot agree to a substitute index.
(iii) (B) In the EPA clause, generally exclude adjustments for the first 2 years of contract performance. The EPA clause shall provide that adjustments be made within a specified period after the final published index is available for the period to be measured. See (AFFARS 5316.290). Adjustments should generally be made on a retrospective basis.
(iv) Deleted in its entirety.
5316.205 Fixed price contracts
with prospective price redetermination.
5316.2052 Application.
(b) Each such contract shall
contain a negotiated unit ceiling price for each line item which
shall not be exceeded during the period of performance.
16.2053 Limitations.
(a) All requests for SAF/AQC approval to use this contract type shall be forwarded to HQ AFMC/PKF.
(b) Initial pricing and redeterminations shall be supported by certified cost or pricing data and documented in a price negotiation memorandum on a line itembyline item basis. Redeterminations of price must be accomplished no later than three months prior to the year of delivery. Each contract shall contain provisions to the effect that if earlier delivery occurs, the final price paid will be the lower of the actual delivery or the scheduled delivery price. Use of this type contract is limited to those contractors with government approved estimating systems.
(90) Such contracts shall only be used when:
(a) Performance period exceeds 30 months.
(b) Procurement history demonstrates
a fluctuating price environment in excess of DRI industrial commodities
index projections.
AFMCAC 96-3
15 May 1996 16.4-1
PART5316--TYPES OF CONTRACTS
SUBPART 5316.4INCENTIVE
CONTRACTS
5316.401 General.
Contracting Officers are strongly
encouraged to consider the use of award-fee contracting as it
offers many benefits to the Government and has proven to be an
effective incentive to motivate contractor's performance toward
excellence in areas vital to the acquisition's success. The award-fee
process allows the Government to assess contractors' performance
and appropriately recognize their accomplishments (or lack thereof).
Of the award fee that is earned, the contractor begins the evaluation
period with zero percent (0%) and works up to the earned-award-fee
amount. Contractors do not begin with 100 percent of the
available award fee and have deductions taken.
5316.403 Fixedprice
incentive contracts.
5316.40370 Fixedprice contracts with award fees.
Award fee provisions for fixed
price contracts are defined in 5316.4042.
5316.404 Costreimbursement
incentive contracts.
5316.4042 Costplusawardfee contracts.
(a) Description.
(i) The award fee amount shall be zero dollars ($0) for any evaluation period during which the overall performance is unsatisfactory.
(ii) The fee determination documentation, including supporting rationale, shall become part of the official contract file.
(90) Justification to use rollover shall be documented and become part of the official contract file.
(b)(90) Award fee plans.
(1) The award fee plan details the evaluation criteria, responsibilities, and procedures for implementing the award fee provision of the contract. The award fee plan as a minimum shall:
(i) Identify the Fee Determining Official (FDO) by position, the Award Fee Review Board (AFRB) members by position, and the performance monitors by function. The AFRB shall include the contracting officer (CO) and a recorder. No member shall have more than one vote. To maintain the integrity of the award fee process, the performance monitors shall not be members of the AFRB.
(ii) Define the grades used for measuring the contractor's performance. There shall be three (3) to five (5) grades applied consistently throughout the plan for each performance category. If three grades are assigned, they will be Excellent, Satisfactory, and Unsatisfactory. If four grades are assigned, they will be Excellent, Very Good, Satisfactory, and Unsatisfactory. If five grades are assigned, they will be Excellent, Very Good, Good, Satisfactory, and Unsatisfactory. The Unsatisfactory grade shall have a percentage of 50% or higher.
(iii) Define each category of performance evaluated; e.g., cost control.
(iv) Define the evaluation criteria used to grade the performance in terms of performance criteria; e.g., what constitutes satisfactory versus unsatisfactory performance in cost control.
AFMCAC 95-2
21 July 1995 16.4-2
(v) List the evaluation periods by date or specific anticipated milestone completion date and the amounts of award fee associated with each individual period. If milestones are used, evaluation periods shall end either at the completion of the milestone or the anticipated milestone completion date, whichever occurs first. An evaluation period shall not exceed six months for small businesses and one year for large businesses.
(vi) Provide for the use of interim evaluations to identify strengths and weaknesses in the contractor's performance if the evaluation periods are more than six months.
(vii) Describe the general procedures the AFRB will follow (including use of interim evaluation results and contractor self-evaluations) to assess the contractor's performance and provide a recommended award fee to the FDO.
(viii) List the weights, if any, to be applied to the evaluation criteria.
(2) Include a copy of the award fee plan with the draft Request for Proposal (RFP) and the final RFP.
(3) The award fee plan for contracts with a total value greater than $25 million shall be coordinated with the Center/Laboratory PK staff, reviewed by the AFRB chairperson and Senior Center/Laboratory Contracting Official (SCCO/SLCO), and approved by the FDO prior to the beginning of the first award fee evaluation period. The award fee plan for contracts with a total value of $25 million or less shall be coordinated with the Center/Laboratory PK staff, reviewed by the AFRB chairperson, and approved by the FDO prior to the beginning of the first award fee evaluation period. The contractor shall receive the evaluation criteria (including any special interest items) and their weightings to be used to determine the amount of award fee earned during the evaluation process.
(4) The AFRB and performance monitors propose timely modifications to the award fee plan, as needed, to the FDO for approval. Significant changes shall be coordinated, reviewed, and approved as stated in 5316.4042(b)(90)(3) above. After FDO approval, the CO shall notify the contractor in writing of any change(s). Unilateral changes may be made to the award fee plan if the contractor is provided written notification by the CO before the start of the upcoming evaluation period. Changes affecting the current evaluation period must be by bilateral agreement.
(91) Fee determining official (FDO).
The FDO must, in all cases, be senior enough to ensure contractor confidence in the objectivity of the award fee process and enable communication with the appropriate level of contractor management. For PEO/DAC programs, the PEO or DAC for the program is the FDO, unless otherwise appointed. The PEO/DAC-appointed FDO will be a level no lower than the Single Manager which is the Systems Program Director (SPD), Materiel Group Manager (MGM), or Product Group Manager (PGM). In addition, the DAC may appoint the Vice Commander or Executive Director to be the FDO. Redelegation of the FDO below the level of Single Manager is not authorized. In the absence of the FDO, the person officially acting in the position of the PEO/DAC-appointed FDO may serve as the FDO. For Other Contracting actions having a total contract value greater than $25 million, the FDO will be the Center/Laboratory Commander, except under unusual circumstances. The Center/Laboratory Commander may appoint an FDO without power of redelegation for Other Contracting actions totaling $25 million or less.
AFMCAC 95-2
21 July 1995 16.4-3
(i) The FDO appoints the chairperson of the AFRB. The AFRB chairperson then selects the remaining members of the AFRB who must be approved by the FDO.
(ii) All FDO decisions regarding award fee will be communicated in a timely manner to the contractor through the CO. Constructive feedback to the contractor is important to achieve the motivational goals of award fee contracting.
(iii) Within 45 calendar days after the end of each evaluation period, the FDO will give a written decision to the contractor that includes the award fee amount and an evaluation of the contractor's performance in terms of the evaluation criteria. Within 15 calendar days of the FDO's determination, the CO will unilaterally modify the contract to authorize payment of any award fee.
(c) Limitations.
(2)(i) The unearned award fee amount that may be carried forward as available for possible payment in subsequent evaluation periods is known as rollover. Award fee payments are bonafide needs of the same fiscal year/appropriation that finance the related contractual effort on which the award fee determination is based. Therefore, sufficient funds of the correct appropriation (type and year) must be available for payment of the rollover amount. Rollover should only occur in exceptional cases; therefore, the FDO's justification to use rollover shall be documented in the official contract file. In service contracts, rollover shall not occur.
(ii) The limitations in FAR 15.903(d)(1) apply to the combined fee in cost-reimbursable award-fee contracts.
(90) The award fee amount available for each specific award fee evaluation period is a contingent liability and shall be certified and administratively reserved prior to the beginning of the applicable award fee evaluation period.
(91) If the contract is terminated for the convenience of the Government after the start of an award fee evaluation period, the award fee deemed earned for that period shall be determined by the FDO using the normal award fee evaluation process. After termination for convenience, the remaining award fee amounts allocated to all subsequent award fee evaluation periods cannot be earned by the contractor and, therefore, shall not be paid.
(92) Do not use directed award fee flowdown contract clauses.
(93) For fixed-price award-fee
(FPAF) contracts, the award fee should not apply to cost reimbursable
items (e.g., travel and material).
5316.405 Contract clauses.
(90) For solicitations and contracts
using award fee, include the clause 5352.2169002, Award
Fee, in Section H.
5316.470 Other applications of award fees.
Do not limit award fee to fixed-price
and cost-reimbursement incentive contracts. Provisions for award
fee for any contract type are defined in 5316.4042.
AFMCAC 96-3
15 May 1996 19.2-1
PART 5319SMALL BUSINESS AND SMALL DISADVANTAGED BUSINESS CONCERNS
SUBPART 5319.2POLICIES
5319.201 General policy.
(c)(9)(A) For special access programs (SAPs), the cognizant buyer and PCO must complete DD Form 2579, Small Business Coordination Record, RCS: DD-A&T (AR)1862. The Buying Office Contracting Official (BOCO) will review and coordinate on the DD Form 2579 in those instances where the Small Business Specialist and the SBA/PCR are precluded from the review process due to Security Classification. Disagreements on the suitability of SAP requirements for small business will be elevated to the Senior Center Contracting Official (SCCO) for resolution.
(B) An AFMC Form 34, Source List, may be used (use optional) for competitive procurements in excess of $10,000. The contracting officer may also use a copy of the form to furnish award information to the Small Business Office. The original of the form, if used, will be included in the contract file.
AFMCAC 96-3
15 May 1996 23-i
PART 5323--ENVIRONMENT, CONSERVATION, OCCUPATIONAL
SAFETY , AND DRUG-FREE WORKPLACE
Paragraph
Title Page
5323.303 Contract clause. 23.3-1
5323.370 Safety precautions for ammunitions and explosives. 23.3-1
5323.370-3 Policy. 23.3-1
SUBPART 5323.91--ENHANCED PHYSICAL
SECURITY OF PRODUCTS
5323.9101 General. 23.9-1
5323.9102 Policy. 23.9-1
5323.9103 Procedures. 23.9-1
AFMCAC 96-3
15 May 1996 23.3-1
5323.303 Contract clause.
The Contracting Officer shall
insert a clause substantially the same as 5352.223-9002, Use of
Hazardous Materials in the Performance of On-Base Contracts, in
Section I of all solicitations and contracts exceeding the Micro-purchase
Threshold for contracts performed on a government installation(s)
that require, or may involve, the use of hazardous materials.
5323.370 Safety precautions
for ammunitions and explosives.
5323.3703 Policy.
(a) Safeguard Arms, Ammunition, and Explosives (AA&E) from loss, sabotage, terrorism, theft, and natural disaster. All prime and subcontracts involving the development, manufacture, custody, or transport of AA&E must comply with DODM 5100.76 in addition to DOD 4145.23M.
(b) If a contract is expected
to include AA&E, conduct a preaward survey, to ensure that
storage and handling facilities conform to DODM 5100.76. Have
appropriate acquisition office representatives participate. Correct
any deficiencies before contract award.
AFMCAC 96-3
15 May 1996 25-i
Paragraph
Title Page
5325.102-90 Format for nonavailability
determination. 25.1-1
5325.302 Policy.
25.3-1
5325.802-70 Contracts for
performance outside the U.S. or Canada 25.8-1
5325.902-90 English Language
Requirements. 25.9-1
5325.7002-2 Exceptions 25.70-1
5325.7011 Restriction on strategic defense initiative 25.70-1
research, development, test, and evaluation.
5325.7011-1 Definitions. 25.70-1
5325.7011-2 Restrictions. 25.70-1
5325.7011-3 Exceptions. 25.70-1
5325.7011-4 Procedures.
25.70-1
5325.7300-90 Foreign taxes, duties, and similar charges. 25.73.1
5325.7300-91 Issuing a solicitation without certified funding. 25.73-1
5325.7390(90) Evidence of shipment on Foreign Military Sales 25.73-1
(FMS) contracts - carrier's
receipt.
5325.9100 Deleted - Moved to Subpart 5393. 25.91-1
5325.9101 Deleted - Moved to Subpart 5393. 25.91-1
5325.9102 Deleted - Moved
to Subpart 5393. 25.91-1
5325.9200 General. 25.92-1
5325.9201 Solicitation provisions and contract clauses. 25.92-1
5325.9202 F.O.B. points. 25.92-1
AFMCAC 96-3 15 May 1996 25.73-1
PART 5325FOREIGN ACQUISITION
SUBPART 5325.73ACQUISITIONS
FOR FOREIGN MILITARY SALES
5325.730090 Foreign taxes, duties, and similar charges.
If the FMS purchaser specifically
agrees in the (Letter of Agreement) LOA not to impose certain
taxes, duties, and similar charges on the contractor, its subcontractors,
and the employees and dependents of either, incorporate clause
5352.2259000.
5325.7300-91 Issuing a solicitation without certified funding.
When a solicitation for a
FMS requirement is to be issued in advance of a firm and funded
requirement, including receipt of a signed Letter of Offer and
Acceptance (LOA) from the country, the contracting officer shall
insert the provision at 5352.232-9001, Notice of Funding Status,
in Section L of the solicitation.
5325.7390 Evidence of shipment on Foreign Military Sales (FMS) contracts.
(90) The contracting officer shall insert the clause at 5352.225-9008, Evidence of Shipment for Foreign Military Sales (FMS) Contracts - Carrier's Receipt, in Section I of all solicitations and contracts for FMS requirements. The copy of the carrier's receipt shall be placed in the official contract file.
AFMCAC 96-3
15 May 1996 28-i
PART 5328--BONDS AND INSURANCE
SUBPART 5328.1--BONDS
Paragraph
Title Page
5328.101-3 Contract clause. 28.1-1
5328.102-1 General. 28.1-1
5328.102-3 Solicitation requirements. 28.1-1
5328.106-90 Review of bonds and
notification of surety. 28.1-1
SUBPART 5328.3--INSURANCE
5328.306 Insurance under fixed-price contracts. 28.3-1
5328.310 Contract clause for work on a Government 28.3-1
installation.
AFMCAC 96-3
15 May 1996 28.1-1
PART 5328--BONDS AND INSURANCE
SUBPART 5328.1--BONDS
5328.101-3 Contract clause.
(b) The contracting officer
shall insert a clause, substantially similar to the clause at
5352.228-9001, Bid of Proposal Guarantee, in Section I of solicitations
and contracts that require a bid guarantee. Modify the clause
by inserting a higher percent when the contracting officer has
determined a bid guarantee higher than 20% is needed in accordance
with FAR 28.101-2.
5328.102-1 General.
(4)(a) When DFARS 228.102-1
applies and a cost-reimbursement contract with fixed price construction
subcontracts over $25,000 is contemplated, insert a clause substantially
similar to 5352.228.9003 in Section I of solicitations and contracts.
5328.102-3 Solicitation requirements.
The contracting officer shall
insert a clause, substantially similar to the clause at 5352.228-9002,
Performance and Payment Bonds, in Section I of solicitations and
contracts that require performance and payment bonds. Tailor
the clause for requirements and indefinite-quantity contracts
by adding a sentence to paragraph (a) to notify offerors and contractors
that the contract price for requirements contracts is the price
payable for the estimated quantity; the contract price for indefinite
quantity contracts is the price payable for the estimated minimum
quantity. If FAR 52.228-1, Bid Guarantee, will not be used because
no bid bonds are required, the list of acceptable firm commitments
from the far clause should be added to paragraph (a) of the clause.
5328.106-90 Review of bonds and notification of surety.
Before contract award, contracting
officers shall obtain legal review of bid guarantees, required
supporting documentation, and pledges of assets (if applicable).
Before commencement of contract performance, contracting officers
shall get legal review of performance and payment bonds, required
supporting documentation, and pledges of assets (if applicable).
Also obtain legal review for contract modifications that require
additional bonding or consent of surety. The above legal reviews
are not required when the offeror/contractor uses a corporate
surety to satisfy bonding requirements, unless doubt of legal
sufficiency exists.
AFMCAC 96-3 15 May 1996 28.3-1
PART 5328BONDS AND INSURANCE
SUBPART
5328.3INSURANCE
5328.306 Insurance under fixed price contracts.
(90) The additional paragraphs
at 5352.2289000 may be used with DFARS 252.228-7001, Ground
and Flight Risk, for aircraft maintenance, overhaul, and modification
contracts described in Part 5392.
5328.310 Contract clause for work on a Government installation.
(90) The PCO shall use the
clause at 5352.228-9004, Insurance Clause Implementation, in Section
I, in all solicitations and contracts which include either FAR
52.228-5, Insurance - Work on a Government Installation, or FAR
52.228-7, Insurance - Liability to Third Persons, or both.
AFMCAC 96-3
15 May 1996 32-i
PART 5332--CONTRACT FINANCING
Paragraph
Title Page
5332.501-2 Unusual progress
payments. 32.5-1
5332.613 Deferment of collection.
32.6-1
SUBPART 5332.7--CONTRACT FUNDING
5332.702 Policy. 32.7-1
5332.702-90 Policy for funding contracting actions (other than 32.7-1
operational contracting - see AFFARS 5332.790).
5332.703 Requirements for contract funding. 32.7-1
5332.703-90 Committing funds and processing Purchase Requests 32.7-1
(PRs and MIPRs).
5332.703-91 HCA Approval for use of incrementally funded 32.7-4 fixed-price contracts
5332.705-2 Clauses for limitation of cost or funds. 32.7-4
5332.790 Base contract funding. 32.7-5
5332.791 Rough Order of Magnitude (ROM) program estimate 32.7-5
profile provision.
AFMCAC 96-3
15 May 1996 32.5-1
5332.501 General.
5332.501-2 Unusual progress payments.
The contracting officer shall submit requests for unusual progress payments to SAF/AQCP.
AFMCAC 96-3
15 May 1996 32.6-1
5332.613 Deferment of collection.
The recipient office shall forward
requests for deferment of contract debts to AFMC/PK with an evaluation
of the contractor's proposal including the necessary reporting
information and the contracting officer's recommendation. AFMC/PK
will submit the request to SAF/FMPB.
AFMCAC 96-3
15 May 1996 32.7-1
SUBPART 5332.7--CONTRACT FUNDING
5332.702 Policy.
5332.70290 Policy for funding contracting actions (other than Operational Contracting see AFFARS 5332.790).
(a) Contracting activities will not sign and distribute any contractual instruments which obligate funds until sufficient funds are certified as available by the Accounting and Finance Office (AFO) or any other appropriate funds control manager.
(b) One of the conditions in (1) through (5) below must be satisfied before a solicitation is issued. Include the provision 5352.232-9001, Notice of Funding Status, in Section L of the solicitation when applicable.
(1) Funds have been certified as being available.
(2) Funds will be obligated by delivery orders and not by a contract resulting from the solicitation.
(3) The solicitation is for an incrementally funded R&D or O&M contract before assurance of funds availability and the initiating and approving authorities determine that the requirement will probably not be canceled. However, issue no solicitation until a purchase request (PR) is received with the comptroller or designee's signature along with the following statement: "FY (Year/Dollar value) funds apply to this requirement. No obligation may be incurred until FY (Year/Dollar value) funds availability has been certified. Request solicitation contain the appropriate offer expiration legend."
(4) The solicitation is for an FMS requirement and issued in advance of a firm and funded requirement, including Letter of Acceptance.
(5) The PEO for major or selected programs, or the DAC or designee for other programs and major programs not assigned to a PEO, has approved an exceptional situation before program approval or formal funding requirement.
(c) Consider the Government solicitation preparation administrative expense and the offerors' bid/proposal expense when issuing solicitations under (b)(2) through (b)(5) above. These authorities shall not permit indiscriminate solicitations subject to the availability of funds; nor will they permit soliciting subject to the availability of "windfall" or "hoped for" funds. These authorities are to be used only in those cases where the requirements, (b)(2) above, and availability of funds for obligation within the offer acceptance time, (b)(3) through (b)(5) above, are reasonably assured.
(d) Except as authorized in
(b)(5) above, fully fund all urgent PRs sent to any other Air
Force activity, regardless of dollar amount.
5332.703. Requirements for
contract funding.
5332.70390. Committing funds and processing purchase requests (PRs and MIPRs).
This subsection prescribes funding
procedures for all contracting actions other than Operational
Contracting. Procedures for funding PRs and MIPRs before release
to the contracting office are contained in AFMCR 577. Other
related detailed funding procedures are in respective procedures
for requirements management, comptroller, etc., areas of responsibility
(AFR 177120 and AFMCM 1721).
AFMCAC 96-3 15 May 1996 32.7-5
(i) Actions under Limitation of Cost and Limitation of Government's Obligation clauses:
(A) Contracting officers must take prompt and formal action as soon as they are notified, and certainly before the contractor reaches the full use of the funds on contract (FAR 52.23222). In addition to obtaining funding and program information from the project officer or other responsible persons, the contracting officer will advise the contractor that either: 1) a specified amount of additional funds has been allotted to the contract by a contractual instrument; 2) work will be discontinued when the funds allotted to the contract have been exhausted, and any work performed after that date is at the contractor's risk; or 3) the Government is considering allotting additional funds and any work performed before the allotment of these additional funds is at the contractor's risk.
(2) Change orders to contracts containing Limitation of Cost, Limitation of Funds, or Limitation of Government's Obligation clauses will contain either a:
(i) provision increasing the dollars available for payment as stated under the clause and state that the clause will apply for the increased amounts; or
(ii) provision stating that the estimated cost of the contract or a provision stating the dollars available for payment under such clauses is unchanged by the change order and that the Limitation of Cost, Limitations of Funds, or Limitation of Government's Obligation clause will be applicable to the amount in effect prior to the change order.
(b) The PCO may insert the clause
at 5352.232-9000, Implementation of Limitation of Funds clause
in Section B in all incrementally funded cost-reimbursement (with
fee) solicitations and contracts to implement paragraph (b) of
FAR 52.232-22, Limitation of Funds.
5332.790 Base contract funding.
(90) A purchase request for
minor construction, repair, or maintenance of real property (facility
projects) must be supported by a statement that sufficient funds
are held in reserve by the using activity major command, and that
such funds will be made available when the amount of the low acceptable
bid or proposal is identified.
5332.791 Rough Order of Magnitude (ROM) program estimate profile provision.
The Contracting Officer(CO) may include the provision, 5352.232-9002, Rough Order of Magnitude (ROM) Program Estimate Profile, in Section L of solicitations to provide offerors program funding estimates for their consideration in proposal development. It should not be used if funding considerations are otherwise addressed in the solicitation as a basis for award. The funding information provided should not exceed 6 years consistent with the current Fiscal Year Development Plan (FYDP). The provision is mainly intended for large multiple-year systems acquisitions. The provision includes a total ROM dollar amount as well as ROMs and corresponding percentage amounts by fiscal year. The total ROM amount should be cited whenever the clause is included in the RFP; however, the ROMs by fiscal year should only be used when the contract is to be incrementally funded. The program manager is responsible for providing the ROM numbers to COs. COs must ensure any changes
AFMCAC 96-3
15 May 1996 32.7-6
to funding information during
the RFP award process are conveyed to all offerors and, if appropriate,
the offerors have an opportunity to update their proposals. This
provision shall not be incorporated in awarded contracts.
AFMCAC 96-3
15 May 1996 33-i
PART 5333--PROTESTS, DISPUTES, AND APPEALS
SUBPART 5333.1--PROTESTS
Paragraph
Title Page
5333.103 Protests to the agency. 33.1-1
5333.104-90 Protests to GAO. 33.1-1
5333.104-90(a) General procedures. 33.1-1
5333.104-90(b) Protests before award. 33.1-2
5333.104-90(c) Protests after award. 33.1-2
5333.105 Protests to GSBCA.
33.1-3
AFMCAC 96-3
15 May 1996 33.1-1
SUBPART 5333.1--PROTESTS
5333.103 Protests to the Agency.
(b) The authority to deny protests lodged at or below the field activity is delegated to field activity commanders with authority to redelegate not lower than the Buying Office Contracting Official (BOCO). The contracting officer shall prepare the written response and provide any necessary supporting documentation.
(c) In cases where a protest
before award has been lodged and decided at the field level, and
the protester indicates an intention to file with GAO, the field
activity, before making an award, shall contact HQ AFMC/PKP to
determine if a protest has actually been filed.
5333.104-90 Protests to GAO.
(a) General procedures.
(1) Notice of GAO protests.
(90) Protest points of
contact.
(A) HQ AFMC/PKP is the
Command protest OPR.
(B) Each AFMC contracting
activity will establish a protest point of contact and an alternate
to receive notifications of new protests and to maintain internal
data on all GAO protests received.
(2) Agency reports.
(i) Transmittal of agency
reports.
(A)(90) The Senior Center Contracting Official, or the Chairman of the Contract Review Committee if so designated, shall review all GAO protest agency reports and sign the transmittal letter incorporating the recommenda-tion on adjudication of the protest. The SCCO may redelegate this respons-ibility to a subordinate Senior Laboratory Contracting Official. Send copies of the agency report as directed by AFFARS 5333.104-90(a)(2)(iii) and simultaneously forward two copies of the contracting officer's statement of facts, and the memorandum of law by pouch or first class mail to the
HQ AFMC/PKP protest POC. The protest POC will distribute one copy to the cognizant HQ AFMC/PKP/PKO/PKT division chief and the other to HQ AFMC/JAQ.
HQ AFMC/PKP, PKO and PKT shall
review protests annually using the protest letter, contracting
officer's statement of fact, memorandum of law, and GAO decision
to determine if command action is required to change policy or
implement training. For GAO protests which resulted in corrective
action, the SCCO will forward an analysis of the corrective action
taken to HQ AFMC/PKP. Corrective action analyses will be considered
during the annual review.
AFMCAC 96-3
15 May 1996 33.1-2
(E)(90) The HQ AFMC/PKP
address, telephone, and fax number are-
HQ AFMC/PKP
4375 Chidlaw Rd, Suite 6
Wright-Patterson AFB, OH 45433-5006
Telephone (513) 257-7066/DSN 787-7066 (Protest POC)
FAX (513) 476-1431/DSN
986-1431
(b) Protests before award.
(1) Authorization requests
(B)(90) For Major/Selected,
and Other Programs submit requests to award in the face of a GAO
protest to SAF/AQCX in accordance with AFFARS 5333.104-90(b).
For Other Contracting requests, submit to HQ AFMC/PKP 14 days
before the required award date. The request package shall include
a complete, fully supported, unsigned D&F in accordance with
FAR 33.104(b)(1). See FAR 33.104(b)(1)(B) and AFFARS 5333.104-90(b)(1)(B)
for the information to be included in the D&F. See figure
5333.1 for the D&F format. Other Contracting requests must
be signed by the official identified in AFFARS 5333.104-90(b)(1)(A)
before sending to HQ AFMC/PKP.
(c) Protests after award.
(2)(90) For Major/Selected or Other Programs, submit requests to continue contract performance in the face of a GAO protest to SAF/AQCX in accordance with AFFARS 5333.104-90(c). For Other Contracting requests, submit to
HQ AFMC/PKP. The request shall
include a complete, fully supported, unsigned D&F in accordance
with FAR 33.104(c)(2). See FAR 33.104(c) and AFFARS 5333.104-90(b)(1)(B)(I),
(II), (IV), (V), (VI), (VIII) and AFFARS 5333.104-90(c) for the
information to be included in the findings. See Figure 5333.1
for the format. Requests must be signed by the official identified
in AFFARS 5333.104-90(c)(2) before sending to HQ AFMC/PKP.
5333.105 Protests to GSBCA.
(c) The cognizant field activity
legal office (JA) shall send a copy of the protest to HQ AFMC/JAS
by the date a draft answer or information in support of an answer
is sent to SAF/GC. At the same time the required materials (AFFARS
5333.105-90(c)) are sent to SAF/GC, forward to HQ AFMC/JAS copies
of the following: (i) the draft answer to the complaint, or if
none is prepared, sufficient information to let HQ AFMC/JAS know
the nature of the answer; and (ii) any memoranda of law or recommended
pleadings or motions sent to SAF/GC. After discussions with the
field activity JA, HQ AFMC/JAS may request other documents. The
field activity JA will inform HQ AFMC/JAS of the progress of the
protest, including suspension hearings, hearings on the merits,
and decisions or awards.
AFMCAC 96-3
15 May 1996 33.1-3
Upon the basis of the following
finding, contract award may be made [or work may be resumed under
the contract] notwithstanding the GAO protest pursuant to the
authority of Federal Acquisition Regulation, 33.104(b)(1).[If
resumption, use 33.104(c)(2)(i) or (ii).]
1. [Provide brief history of
the acquisition, giving a short description of the services or
product to be acquired, important dates, and names of companies
involved. Note any particulars, i.e., small business issues,
special circumstances, etc.]
2. [Use this paragraph to synopsize
the protest. As the continuation or resumption will not be authorized
by the HCA without indications that the protest is not sustainable,
it is imperative that the buying office provide a succinct analysis
of the protest issue.]
3. [State in strongest terms
possible, the impact to mission accomplishment that will be incurred
if contract issuance or resumption is not authorized. This portion
should be drawn almost exclusively from the input submitted by
the requirements office. Create a short subparagraph for each
impact or negative event. Address the options available (i.e.,
extension of existing contract, if follow-on effort; no performance;
government accomplishment of requirement; etc.) This paragraph
is the prime determination for the HCA decision and must stand
up to judicial review. Information required by AFFARS 5333.104(1)(B)(iii)
and (iv) is included here.]
NOTE:
Above information is not restricted to 3 paragraphs. However,
all data must be factual and as objective as possible. Do not
include personal or organizational "desires" or sentiments.
Based on above, I have determined
that (urgent and compelling circumstances exist which justify
the award or continued contract performance of) (it is in the
Government's best interest to authorize resumption of performance
under) the contract with (name of contractor).
AFMCAC 96-3
15 May 1996 35-i
PART 5335--RESEARCH AND DEVELOPMENT
CONTRACTING
Paragraph
Title Page
5335.003 Policy. 35.0-1
5335.006 Contracting methods and contract type. 35.0-1
(b)(90)(iv) Procedures. 35.0-1
5335.007-90 Solicitations. 35.0-1
5335.016 Broad agency announcements. 35.0-1
5335.070 Indemnification against unusually hazardous risks. 35.0-4
5335.070-1 Indemnification under research and development 35.0-4
contracts.
5335.070-3 Contract clauses. 35.0-5
5335.071 Additional contract clauses. 35.0-5
5335.90 Program Research and Development Announcements 35.0-5
(PRDA).
5335.9000 Scope. 35.0-5
5335.9001 Definitions. 35.0-5
5335.9001 Applicability. 35.0-5
5335.9003 General. 35.0-5
5335.9004 Format and contents of announcements. 35.0-6
5335.9005 Transmittal of announcements. 35.0-6
5335.9006 Receipt and evaluation of proposals. 35.0-6
5335.9007 Contracting process. 35.0-6
5335.9008 Announcements by DARPA, SDIO, and other DOD 35.0-6
agencies.
5335.9009 Coding of DD Form 350. 35.0-6
5335.9010 Reporting requirements for PRDAs and BAAs 35.0-6
(RCS: MTC-PK(Q)9202).
AFMCAC 96-3
15 May 1996 35.0-1
PART 5335--RESEARCH AND DEVELOPMENT
CONTRACTING
5335.003 Policy.
(90) Foreign Research. Foreign contracts are limited to efforts involving research, stateof theart studies, and engineering or technology studies that do not produce deliverable material, devices, or systems that require Government test or evaluation for acceptance. The end product of these foreign contracts will be scientific or engineering reports. However, in order to support the end- product report data, deliverable physical samples may be obtained as long as no Government acceptance test and evaluation is required.
(91) Small Business Innovation
Research (SBIR) Phase I and Phase II Contract Requirements. The
contracting officer may insert the clause at 5352.235-9003, Small
Business Innovation Research (SBIR) Phase I and Phase II Contract
Requirements, in Section I of contracts awarded for SBIR Phase
I or Phase II, based on the SBIR solicitation published by the
Department of Defense (DoD). The contracting officer may modify
the clause as required.
5335.006 Contracting methods
and contract type.
5335.006(b)(90)(iv) Procedures.
(a) Address applicability of this section during Acquisition Strategy Panels.
(b) Obtain the signatures of both the PCO and the program manager on determination requests pursuant to DFARS 235.006(b)(i)(C)(1), and if it is a program, also get the coordination of the PEO/DAC.
(c) Submit all determination requests required by DFARS 235.006(b)(i)(C)(1) to SAF/AQCS as early as possible in the acquisition cycle. If submitted concurrently with an AP and J&A, follow the procedures in AFFARS 5306.3 and 5307.1. If those documents were submitted previously, the determination may be processed separately. Send a copy of the determination request concurrently to SAF/AQCS. Process the original and 4 copies of the determination request in accordance with AFAC 92-04 dated February 26, 1992, pages E-3 through E-11 procedures.
(d) If in doubt as to whether
a USD(A) determination is required, submit a determination request
to SAF/AQCS for screening by SAF/AQC.
5335.007-90 Solicitations
(k) The contracting officer
may include a clause substantially the same as the clause at 5352.235-9002,
Key Positions and Minimum Qualifications, in Section I of solicitations
and contracts when the decision to contract will be based to a
large extent on the qualifications of the principal investigator
and/or the key members of the research team.
5335.016 Broad Agency Announcements.
(a) General. Do not consider proposals received in response to BAAs to be Unsolicited Proposals (UPs). Do not use BAAs to replace existing contracting procedures when requirements can be sufficiently defined for an RFP. Use BAAs when the use of a conventional:
(1) Statement of work could
result in unintentional stifling of ideas and concepts, given
many possible research approaches; or
AFMCAC 96-3
15 May 1996 35.0-2
(2) Solicitation would unintentionally omit a source whose ideas and concepts or expertise are essential to comprehensive consideration of all potentially fruitful areas of scientific exploration.
(b)(1) If these descriptions are too lengthy to publish in the CBD, give the title of the description documents and the office address where they are available. BAAs may include the: government funding estimate; level of effort estimate; or contemplated performance period.
(3) Or, include a statement in the announcement that the announcement is open and effective until rescinded by a revised announcement.
(4)(i) Identify the address to which proposals are to be sent;
(ii) Specify points of contact by name, telephone number, and office symbol, where interested parties can get generally available technical, contractual and cost or pricing information;
(b)(90)(5)(i) Be prepared in synopsis format in accordance with FAR 5.207(b), (d), and (f);
(ii) Not contain: certifications and representations; solicitation provisions (other than incorporated in statements required by FAR 35.016(b) or other absolutely necessary solicitation guidance); or contract clauses;
(b)(90)(6) Include the following statements in the announcement:
(i) "No further evaluation criteria will be used in selecting the proposals."
(ii) "In order that proposals are afforded proper handling, offerors must mark their proposals with the restrictive language stated in FAR 15.609(a)." Contracting activities should refer to local proposal preparation guides or instructions, or provide proposal instructions directly in the announcement.
(iii) "Responses should reference the above number", and include a unique identification number.
(iv) "The cost of preparing proposals in response to this announcement is not an allowable direct charge to any resulting contract or any other contract, but may be an allowable expense to the normal bid and proposal indirect cost in FAR 31.20518."
(v) "Only contracting officers are legally authorized to commit the government."
(90) Preannouncement Requirements. Before a BAA is published:
(a) The requiring activity shall describe in writing:
(1) The broadly defined areas of potential research exploration;
(2) The criteria and procedures to be used to evaluate and competitively select proposals for award;
(3) The proposed cutoff time by date or in terms of days after announcement if needed.
(b) In the laboratories and AFOSR the Contracting Officer must document the file that the requirement is appropriate. For other than a laboratory or AFOSR, the Program Director, or a designee (not below a Colonel or GS-15), and the Senior Center Contracting Official (SCCO), or a designee, shall coordinate on the requirements and document in the file that the announcement is appropriate.
(c) The requiring activity
may be required to submit a planning (unfunded) purchase request
to the PCO.
AFMCAC 96-2
15 February 1996 35.0-3
(91) Announcements.
Transmit the BAA, or the notice of the availability of the BAA, to the CBD according to FAR 5.207(a) and concurrently mail to sources identified by the SADBUS and the requiring activity.
(92) Receipt and evaluation of proposals.
(b) Competitively evaluate UPs that fall within the scope of an open announcement.
(c) Include consideration of proposed budgets and funding profiles in competitive selection of proposals.
(d) Classify proposals into one of the following three categories:
(1) Category I: Well conceived, scientifically and technically sound proposals pertinent to program goals and objectives, and offered by a responsible contractor with the competent scientific and technical staff and supporting resources needed to ensure satisfactory program results. Proposals in Category I are recommended for acceptance and normally will be displaced only by other Category I proposals.
(2) Category II: Scientifically or technically sound proposals that may require further development and can be recommended for acceptance, but are at a lower priority than Category I. Proposals in this category are not always funded.
(3) Category III: Proposals that are not technically sound or do not meet agency needs. Proposals in Category III are recommended for rejection for the particular announcement under consideration.
(e) If funds are unavailable to acquire all Category I and II proposals, document the rationale for selecting those for funding and any plans to fund remaining proposals.
(f) Send notices of nonselection to offerors whose proposals were not selected for funding, signed by the requiring activity.
(93) Contracting process.
(a) Requiring activities shall forward to the PCO:
(1) The results of the technical evaluation and the proposal(s) selected for funding;
(2) A description of changes desired in any proposer's statement of work, including the basis for the change;
(3) Data requirements identified on DD Form 1423. Use of this form is not required when the only deliverable is a technical report.
(4) A purchase request with sufficient funds to cover each proposal found technically acceptable and selected for funding; and
(5) A copy of each proposal that is selected for funding and is received in response to the announcement and any supplementary information for proposal clarifications for the technical evaluations.
(b) The PCO shall:
(1) For technically acceptable proposals selected for funding:
(i) Advise the proposers that the government contemplates negotiating, the type of contract anticipated, estimated award date, level of effort, and delivery schedule;
(ii) If needed, send proposers a model contract (include modifications contemplated in the proposer's statement of work) requesting their agreement or identification of any exceptions;
(iii) Request proposers provide any cost data necessary to price data requirements contained in DD Forms 1423, if used.
AFMCAC 95-2
21 July 1995 35.0-4
(iv) Obtain completed certifications and representations and SF 33, Solicitation, Offer, and Award, or other approved appropriate forms;
(v) Complete proposal evaluations and negotiations. Do not make competitive range determinations and do not request Best and Final Offers;
(vi) Award contracts in accordance with FAR 15.1002.
(2) For technically acceptable proposals not selected for funding, and technically unacceptable proposals:
(i) When requested, provide debriefings according to FAR 15.1003; and
(ii) Advise proposers that a copy of each final report of any resultant contract(s) is available, subject to national disclosure policy and regulations.
(94) Announcements by the Advanced Research Projects Agency (ARPA) and other DoD agencies.
(a) When announcements are published in the CBD by ARPA, SDIO, and other DoD agencies, AFMC contracting activities acting as contracting agents for them shall proceed with awards for competitively selected proposals received in response to the announcements when the:
(1) Agency provides the contracting activity with a copy of the announcement, including all publications incorporated by reference, and documentation required in 5335.016(90)(a) and (93)(a).
(2) Announcement satisfies the definition of a BAA as described in FAR 35.016(a), and the requirements of FAR 35.016(a) and 35.016(b) as supplemented.
(3) Technical evaluation process is shown to be equivalent to 5335.016(92).
(4) The Contracting Officer must document the file to show that the announcement process was appropriate for the requirements.
(95) Code DD Form 350, Block
C3 "ACompeted Action" for all BAAs. See
5335.9010 for other reporting requirements.
5335.070 Indemnification against
unusually hazardous risks.
5335.0701 Indemnification under research and development contracts.
(a) The Senior Center Contracting Official of ASC, ESC and SMC are delegated authority to approve requests for indemnification against hazardous risks under 10 USC 2354. This authority may not be redelegated. Delegation is subject to the authority of HQ AFMC/PK to issue appropriate instructions and to approve definitions of specific unusually hazardous risks. All other organizations must obtain HQ AFMC/PK approval for indemnification against unusually hazardous risks under 10 USC 2354.
(b) Any definition of an unusually
hazardous risk other than stated in the clause at 5352.2359000,
Definition of Unusually Hazardous Risks, requires HQ AFMC/PK approval.
AFMCAC 96-3
15 May 1996 36-i
Paragraph
Title Page
5336.201 Evaluation of contractor performance. 36.2-1
5336.204 Disclosure of the magnitude of construction projects 36.2-1
5336.290 Material approval submittal form (AF Form 3000) 36.2-1
5336.291 Contract progress schedules and reports for 36.2-1
construction contracts.
Paragraph
Title Page
5336.604 Performance evaluation.
36.6-1
Paragraph
Title Page
5336.9001 Requirements language
and provisions. 36.90-1
5336.9101 Contract clause.
36-91-1
AFMCAC 96-3
15 May 1996 36.2-1
5336.201 Evaluation of Contractor Performance.
(a)(4) The civil engineering
project manager shall prepare and sign construction contractor
performance evaluations. The Base Civil Engineer (BCE), Deputy
BCE, or the Engineering Flight Chief if designated by the BCE,
shall verify the evaluation, require any necessary revisions,
then forward it to the contracting office by letter. The performance
evaluations shall be reviewed and signed by the contracting officer.
5336.204 Disclosure of the magnitude of construction projects.
(90) Insert the provision at
5352.236-9009, substantially as written, in Section L of all construction
solicitations.
5336.290 Material Approval Submittal Form (AF Form 3000).
(a) Insert the clause at 5352.236-9008
in Section I of solicitations and contracts when AF Form 3000,
Material Approval Submittal, is required for construction contracts
by AFFARS 5336.290(a).
5336.291 Contract progress schedules and reports for construction contracts.
(90) Insert the clause at 5352.236-9006, substantially as written, in Section I of solicitations and contracts when AF Form 3064, Contract Progress Schedule, and AF Form 3065, Contract Progress Report, are required by AFFARS 5336.291.
AFMCAC 96-3
15 May 1996 36.91-1
5336.9101 Contract Clause.
(90) The contracting officer
may insert the clause at 5352.236-9007, substantially as written,
in Section I of the solicitation and contract, when the contracting
officer determines that evaluation of model units is required
for a construction or renovation project for military family housing,
dormitories, or other project including many identical facilities.
If option is exercised use Alternate I.
AFMCAC 96-3
15 May 1996 37-i
PART 5337--SERVICE CONTRACTING
SUBPART 5337.1--SERVICE CONTRACTS-GENERAL
Paragraph
Title Page
5337.110 Solicitation provisions and clauses. 37.1-1
5337.9100 Contracting techniques.
37.91-1
SUBPART 5337.92--AFMC MANPOWER
SUPPORT SERVICES (MSS)
5337.9200 Scope of subpart. 37.92-1
5337.9201 Policy. 37.92-1
5337.9202 Definitions. 37.92-1
5337.9203 Management Responsibility. 37.92-3
5337.9204 CO responsibility. 37.92-3
5337.9205 SCO responsibility. 37.92-4
5337.9206 FAC responsibility. 37.92-5
5337.9207 FAE responsibility. 37.92-6
5337.9208 Program manager responsibility. 37.92-6
5337.9209 Solicitation provisions and contract clauses. 37.92-6
5337.9210 Before contract award. 37.92-7
5337.9211 Contract award and
contract administration. 37.92-8
AFMCAC 96-3
15 May 1996 42-i
PART 5342--CONTRACT ADMINISTRATION
SUBPART 5342.2--ASSIGNMENT
OF CONTRACT ADMINISTRATION
Paragraph
Title Page
5342.203 Retention of contract administration. 42.2-1
5342.205 Designation of the paying
office. 42.2-1
SUBPART 5342.5--POSTAWARD
ORIENTATION
5342.502 Selecting contracts for postaward orientation. 42.5-1
5342.503 Attendance at postaward conferences. 42.5-1
5342.570 Contract clause.
42.5-1
5342.770-3 Waiver of certification.
42.7-1
SUBPART 5342.71--VOLUNTARY
REFUNDS
5342.7100-90 General. 42.71-1
5342.7101 Solicited refunds. 42.71-2
5342.7101-91 Procedures applicable
to spare parts. 42.71-2
AFMCAC 96-3
15 May 1996 42.7-1
5342.770-3 Waiver of certification.
Forward requests for Secretarial
waiver to SAF/AQCP for processing through SAF/AQ to SAF/OS.
AFMCAC 96-3 15 May 1996 44.2-1
PART 5344--SUBCONTRACTING POLICIES AND PROCEDURES
SUBPART 5344.2--CONSENT TO
SUBCONTRACTS
5344.204 Contract Clauses.
(b)(90) For AFMC maintenance, overhaul and modification contracts described in Part 5392, insert the clause at FAR 52.244-2 with Alternate 1, entitled Subcontracts Under Cost-Reimbursement and Letter Contracts, if the contract provides for reimbursement of direct parts and materials on a cost basis.
(91) The contracting officer may insert a clause substantially the same as 5352.244-9000, Deletion of Advance Notification/Consent Requirement for Subcontracts, in Section I of contracts and solicitations of cost reimburse-ment contracts when relief from consent to subcontract is desired at contract award. Use of this AFMCFARS clause for cost-reimbursement contracts is not permitted for acquisitions of major systems and subsystems or their components.
(92) The contracting officer may insert a provision substantially the same as 5352.244-9001, Request for Deletion of Advance Notification/Consent Requirement for Subcontracts, in Section L of solicitations when a cost reimbursement contract is anticipated and it is desired to obtain sufficient information to allow for evaluation of proposed subcontracts during negotia-tion. Use of this AFMCFARS clause for cost-reimbursement contracts is not permitted for acquisitions of major systems and subsystems or their components.
AFMCAC 96-3
15 May 1996 46-i
Paragraph
Title Page
5346.202-3 Higher-level contract
quality requirements. 46.2-1
5346.311 Higher-level contract quality requirement. 46.3-1
5346.370 Material Inspection and Receiving Report. 46.3-1
(OMB No. 0704-0248)
5346.401 General 46.4-1
5346.407 Non-conforming supplies
or services. 46.4-1
5346.504 Certificate of conformance.
46.5-1
5346.770 Use of warranties in weapon system procurements. 46.7-1
5346.770-2 Policy. 46.7-1
5346.770-3 Tailoring warranty terms and conditions. 46.7-1
5346.770-5 Deleted. 46.7-1
5346.770-7 Cost-Benefit Analysis (CBA). 46.7-1
5346.770-8 Waivers and notification procedures. 46.7-1
5346.770-90 Air Force warranty procedures. 46.7-1
5346.770-91 Establishing Essential Performance Requirements 46.7-2
(EPRs).
5346.770-92 Warranty clauses.
46.7-2
AFMCAC 96-3
15 May 1996 46.3-1
PART 5346--QUALITY ASSURANCE
SUBPART 5346.3--CONTRACT CLAUSES
5346.311 Higher level contract quality requirement.
(90) When a requiring activity
for life support acquisitions requires 100% inspection of each
completed end item, the contracting officer shall insert a clause
in Section E substantially the same as 5352.246-9003 in solicitations
and contracts.
5346.370 Material Inspection and Receiving Report.
(90) When special distribution of DD Forms 250 is required, insert the clause at 5352.246-9000, Material Inspection and Receiving Report, in Section E of solicitations and contracts in addition to the clause at DFARS 252.246-7000. If needed, also include a statement substantially the same in Section E of Basic Ordering Agreements (BOAs).
AFMCAC 96-3 15 May 1996 46.7-1
SUBPART 5346.7--WARRANTIES
5346.770 Warranties in weapon system acquisitions.
AFM 64-110 prescribes requirements
for Air Force acquired and administered weapon system warranties.
5346.770-2 Policy.
(90) Weapon system determination.
The approval authority for the determination that an item does
not fall under the definition of a weapon system (DFARS 246.770-1)
for Major/Selected programs shall be the cognizant PEO, and for
Other Programs, the cognizant DAC. Obtain legal and the Buying
Office Contracting Official (BOCO) coordination on the determination
and include in the contract file.
5346.770-3 Tailoring warranty terms and conditions.
(90) When negotiating a contractor
liability cap for a warranty, the ceiling must be fixed high enough
to ensure that the contractor is responsible for correction of
any major defect of the warranted item. For example, if the government
buys 100 units at a unit price of $2 million, a cap of $400,000
will probably not cover the cost of correcting a major defect
in each unit. Conversely, when negotiating threshold warranties,
contracting officers must ensure thresholds are established low
enough that the contractor accepts the risk for failures/defects
beyond the projected reliability established in the contract requirements.
5346.770-5 Exemption for alternate source.
Delete
in its entirety.
5346.770-7 Cost-Benefit Analysis (CBA)
(90) AFI 65-501, Economic Analysis,
prescribes requirements for warranty economic analyses (i.e.,
cost benefit analyses). A CBA is based on the life cycle cost
of the system or item, with and without a warranty. It includes
the costs to acquire and operate a system over its lifetime.
The life cycle price of a system with a warranty is the warranty
price, plus warranty administration costs, plus all other life
cycle costs of the system.
5346.770-8 Waiver and notification procedures.
(90) HQ AFMC/PK is the deviation
authority for requirements peculiar to AFM 64-110. The content
of deviation packages should be as described at DFARS 246.770-8(c)(1).
5346.770-90 Air Force warranty procedures.
(a) Planning. The official contract file for all weapon system acquisitions for which warranties are required according to 10 U.S.C. 2403 shall include the signed, coordinated and approved weapon system warranty plan.
(c) Warranty administration. Effective warranty administration depends upon developing enforceable provisions. Each warranty is tailored to a unique unit or weapon system which causes administration procedures to vary. The CO shall coordinate the proposed warranty clause with the administering activity
AFMCAC 96-3
15 May 1996 46.7-2
and document the file that this has occurred. If needed, prepare a Memorandum of Understanding (MOU) between the buying and administering activities when the warranty plan is prepared. Address the following administrative responsibilities and actions in the MOU as to who will:
(1) Review the warranty terms and conditions with the contractor to ensure all procedures are thoroughly understood;
(2) Track the warranted unit through the supply and maintenance system;
(3) Determine if a warranted unit has failed or is defective; and how failure/defect is determined;
(4) Write the disposition instructions for a failed unit under warranty;
(5) Determine contractor compliance with the EPRs and what actions are taken if the contractor is in non-compliance;
(6) Prepare the warranty failure analysis report;
(7) Review the contractor internal warranty policy and procedures;
(8) Track contractor warranty repairs, turnaround time and costs;
(9) Adjust the contract when the Government takes corrective action and requires the contractor to pay for corrections;
(10) Collect and maintain data
on systems or unit performance; and how will defects and failures
data be fed back into the system for possible improvement or implementation
of an engineering change proposal. If there is no warranty clause
or MOU coordination, give a debriefing to the administering activity
on the warranty terms and conditions and the role of the administration
office in the warranty process.
5346.770-91 Establishing essential performance requirements.
(a) Authority to designate EPRs is delegated to the PEO for Major/Selected programs and to the DAC for Other Programs.
(b) Establish EPRs based on the performance specification and those characteristics that are critical to the weapon system's mission. Only those contract specification requirements that cannot be verified during acceptance testing shall be considered for selection as an essential performance requirement.
(90) The program director shall determine if the originally established and approved EPRs are still appropriate for follow-on production buys. Over time it may be prudent to adjust or change some EPRs. If EPRs need to be changed, send the new EPR determination and recommendation to the original approval authority for reapproval. The contract file for a follow-on shall have the:
(1) Program director's determination; and
(2) Relevant previously granted EPR approval, if the program director determines the EPRs are still appropriate; or
(3) PEO or center command/vice
commander approval.
5346.770-92 Warranty clauses.
Each warranty clause must be
tailored to the specific acquisition. The clauses at FAR 52.246-17,
-18, and -19 are baselines that may be used in weapon system contracts
when the EPR portion of a weapon system warranty has been waived.
When creating warranty clauses, COs will consider the guidelines
in AFM 64-110, Attachment 6.
AFMCAC 96-3
15 May 1996 47-i
Paragraph
Title Page
5347.104-4 Contract clauses
47.1-1
5347.303-4 F.O.B. Origin, freight prepaid 47.3.1
5347.305 Solicitation provisions, contract clauses, and 47.3-1
transportation factors.
5347.305-7 Quantity analysis, direct delivery and reduction of 47.3-1
crosshauling and backhauling.
5347.305-10 Packing, marking, and consignment instructions. 47.3-1
5347.373 DD Form 1654, Evaluation of Transportation Cost 47.3-3
Factors.
AFMCAC 96-3
15 May 1996 47.1-1
5347.104-4 Contract clauses.
(a)(90) Commercial bill of
lading shipments using carrier's rates. The Contracting Officer
shall insert the clause at 5352.247-9004, Commercial Bill of Lading
Shipments - Carrier's Rates, in Section F, Deliveries or Performance,
of all f.o.b. origin cost-reimbursement and fixed-price solicitations
and contracts incorporating FAR 52.247-1, Commercial Bill of Lading
Notations (see FAR 47-104.4(b)).
AFMCAC 96-3
15 May 1996 47.3-1
5347.303-4 F.o.b origin, freight prepaid.
(c)(90) F.o.b. origin when freight is prepaid. The contracting officer shall insert the clause at 5352.247-9000, F. O. B. Origin, Freight Prepaid, in Section F, "Deliveries or Performance", of the solicitation and contract when the contracting officer and transportation office determine that it is in the best interest of the Government to have the shipment(s) made using prepaid freighting charges (e.g., origin of shipment is Canada). If the contractor cannot obtain rates equal to or better than those available to the U.S. government, the contractor will contact the contracting officer for verification to proceed with prepaid freight.
(91) F.o.b. origin with
contract transportation administration retained by the contracting
office. The contracting officer shall insert the clause at 5352.247-9001,
F.O.B. Origin, Transportation Instructions, in Section F, "Deliveries
or Performance," of the solicitation and contract when the
contract transportation administration is to be retained by the
contracting office with the concurrence of the transportation
office.
5347.305 Solicitation provisions,
contract clauses, and transportation factors.
5347.3057 Quantity analysis, direct delivery, and reduction of crosshauling and backhauling.
(a) Quantity analysis of deliveries
specified on the PR/MIPR will be accomplished by the appropriate
Traffic Management Office (TMO) during the PR coordination cycle
before release to Procurement. If subsequent delivery increment
quantity changes are proposed, an additional analysis will be
made by the TMO.
5347.30510 Packing, marking, and consignment instructions.
(a)(90) Packaging requirements form. All AFMC activities except operational contracting shall use AFMC Form 158/158a, Packaging Requirements, to specify required packing instructions. Those activities with ACPS may include the information on the AFMC Form 158 and 158a verbatim in the solicitation and contract.
(91) Engineered or specialized containers. When the contractor is to develop (design and or manufacture) a new engineered or specialized reusable container for a military or commercial item, the requirement must be identified as a separate line item on the acquisition request and in the solicitation and contract. In addition, the contracting officer shall insert the clause 5352.247-9009, "Engineered or Specialized Containers," substantially as written in Section D, "Packaging and Marking," of the solicitation and contract. The data items, DI-PACK-80683A, "Container Design and Retrieval System (CDRS) Search Request," and DI-PACK-80684A, "Container Design and Retrieval System (CDRS) Data Input, must also be identified on the DD Form 1423, Contract Data Requirements List.
AFMCAC 96-3
15 May 1996 47.3-2
(92) Packaging and marking of hazardous materials (HAZMAT). When an acquisition is for the delivery of commercial or military items involving hazardous material, the contracting officer shall insert the clause at 5352.247-9010, "Packaging and Marking of Hazardous Materials", substantially as written in Section D, Packaging and Marking, of the solicitation and contract.
(93) Industrial packaging. Maximum use shall be made of industrial packaging according to the procedures in AFJMAN 24-206, provided that the integrity of the items are not compromised during transportation and storage.
(94) Packaging for inspection and acceptance at destination. The contracting officer shall insert the clause at 5352.247-9005, Packaging for Inspection and Acceptance at Destination, in Section D, "Packaging and marking," of all solicitations and contracts when material requires 100 percent inspection at destination and packaging must be resealable.
(95) Marking of warranted items. The contracting officer shall insert the clause at 5352.247-9003, Marking of Warranted Items, in Section D, "Packaging and marking," of solicitations and contracts when the items to be delivered are covered by a warranty.
(96) Bar code marking. The contracting officer shall insert, substantially as written, the clause at 5352.247-9006, Bar Code Marking, in Section D, "Packaging and marking," of solicitations and contracts when the government requires the ability to track and inventory supplies or equipment using a bar coding system.
(97) Specification commercial packaging and marking. The contracting officer shall insert the clause at 5352.247-9007, Specification Commercial Packaging and Marking, in Section D, "Packaging and marking," of solicitations and contracts when the government requires the use of commercial packaging and marking to the American Society for Testing Materials Specification D3951. When the contractor's best commercial packaging is acceptable, insert the clause at 5352.247-9008, Contractor Commercial Packaging and Marking in the same section of the solicitation and contract.
(b)(90) Unilateral amended shipping instructions (ASIs), F.O.B. Origin. When the purchase request is for spare parts to be delivered f.o.b. origin and identifies the item(s) as ASI candidates, insert the clause at 5352.247-9011, Unilateral Amended Shipping Instructions (ASIs), in Section F, "Deliveries or performance," of the solicitation and contract(s).
(91) "Ship To" unknown. For those field activities with the capability, and where the "ship to" is unknown at the time of award, shipping instructions shall be provided through contract modifications. These shipping instructions shall identify shipping destinations in accordance with the Department of Defense Activity Address Directory (DODAAD) or Military Assistance Program Address Directory (MAPAD) codes assigned. Telephone, teletype, or telegram shipping instructions issued pursuant to FAR 47.30510(c) shall be confirmed through a contract modification.
AFMCAC 96-3
15 May 1996 47.3-3
(92) Consignment and marking instructions for shipment of Foreign Military Sales (FMS) material. The following data is required as a minimum:
(1) "Ship to" Military Assistance Program Address Code (MAPAC).
(2) "Mark for" MAPAC.
(3) MILSTRIP requisition number.
(4) MILSTRIP supplemental address.
(5) Issue Priority Designator.
The above information will be shown on the PR and the resulting contracts and orders. The complete intheclear address for the assigned MAPACs will be provided by the cognizant transportation office named in the contract, or the appropriate transportation office at the requiring activity when the material is available for shipment. IntheClear addresses will not be printed in the contracts or orders for the MAPACs because they are subject to frequent change. When contracts or orders indicate shipping points outside of CONUS, the requiring activity will assure that shipping instructions conform to the negotiated delivery conditions.
(93) FMS non-MILSTRIP shipments. These shipments shall include data similar to (b)(i)(A) through (b)(i)(D) of DFARS 247.305-10, and the applicable portion of DD Form 1513, US DoD Offer and Acceptance. Data such as case identifier, offer release code, delivery term code, mark-for-code, and freight forwarder code will be extracted from the DD Form 1513 by program and project managers as part of the contract shipping instructions for non-MILSTRIP shipments for centrally acquired items. The transportation office within the organization providing contract administration services will convert the DD Form 1513 data to a transportation control number (TCN) as prescribed by DoDD 4500.32R, Volume I, Appendix M, and a transportation account code (TAC) as prescribed by DoDD 4500.32R, Volume II, chapter 3, paragraph 3-9.
(94) Temporary storage of FMS munitions items. The contracting officer may insert a clause substantially as that at 5352.247-9002, Temporary Storage of FMS Munitions Items, in Section F, "Deliveries or performance," of solicitations and contracts for munitions items for an FMS country when it is anticipated that clear text shipping address and transportation instructions may not be available when the units are ready for shipment at the contractor's plant.
(d)(90) Marking instructions.
All AFMC activities except operational contracting shall use
the AFMC Form 1053, Item Identification Marking and Shelf Life
Item Provisions, to specify required marking instructions. Those
activities in the ACPS may include the information on the AFMC
Form 1053 verbatim in the solicitation and contract.
5347.373 DD Form 1654, Evaluation of Transportation Cost Factors.
To provide guidance in obtaining a more rapid response of transportation cost evaluation data for competitive procurements, procedures as outlined below will be used at the prerogative of the buyer/contracting officer.
(a) Buyer/contracting officer will complete applicable portions of the DD Form 1654. The price difference between the two lowest bidders/offerors will be entered on the last line in Column "A".
AFMCAC 96-3
15 May 1996 47.3-4
(b) The transportation specialist will:
(1) Compare the price difference with the maximum transportation cost for this item. Maximum transportation class rates (costs) are those rates named in TransContinental Tariffs which apply between the two most applicable distant points in the CONUS.
(2) When the computed cost is 80% or more than the price spread in Column "A," the transportation specialist will complete all remaining portions of the DD Form 1654.
(3) When the computed cost
is less than 80% of the price spread in Column "A,"
the transportation specialist will make a notation on the body
of the DD Form 1654 that transportation costs are not significant
in this procurement followed by the maximum transportation cost
figure computed in (1) above.
AFMCAC 96-3
15 May 1996 90.90-1
5390.9001 Solicitation provisions and contract clauses.
(a) Transportation Considerations. The contracting officer shall insert a clause substantially the same as the clause prescribed below in Section I of solicitations and contracts as required for type of propellant being acquired:
(1) 5352.290-9000, Delay and Standby Time. (When transportation of the product will be by tank truck, trailer or tank cars.) Use this clause or appropriate Alternate.
(2) 5352.290-9001, Measurement and Computation. (When tare weight of the transportation container is required.) Fill-ins to be completed in the solicitation by the government.
(3) 5352.290-9002, Measurement and Computation -- Cryogenic Liquids. (When tare weights for cryogenic liquid containers is required.)
(4) 5352.290-9003, Dewar Rental. (When transportation of the product will require use of contractor furnished Dewars.) All fill-ins to be completed in solicitation by the government, except paragraph (f) which the contractor will insert replacement value.
(5) 5352.290-9004, Contractor Seals Requirement. (When shipment in sealed containers will be required.)
(b) Special Inspection Consideration. The contracting officer shall insert a clause substantially the same as the clause prescribed below in solicita-tions and contracts, as required:
(1) 5352.290-9005, Inspection and Acceptance -- Propellants - Section E.
(2) 5352.290-9006, Inspection and Calibration Procedures - Section I.
(3) 5352.290-9009, Special Distribution Instruction for Material Inspection and Receiving Reports (DD Forms 250)(Fuels) - Section E. (Use in all solicitations/contracts for propellants.) Fill-ins to be completed in the solicitation by the government.
(c) FOB and Delivery Considerations. The contracting officer shall insert a clause substantially the same as the clauses prescribed below in Section F of solicitations and contracts, as required:
(1) 5352.290-9007, Fill Points. Fill-ins to be completed in the solicitation by the government.
(2) 5352.290-9008, Delivery Schedules. Fill-ins to be completed in the solicitation by the government.
(d) Other Considerations. The contracting officer shall insert a clause/provision substantially the same as the clause/provision prescribed below in Section I of solicitations and contracts for 5352.290-9010, 5352.290-9011, 5352.290-9013 and in Section L of solicitations for 5352.290-9012, as required:
(1) 5352.290-9010, Blanket Delivery Order. (Use in all delivery orders for propellants.) Fill-ins to be completed in the solicitation by the government.
(2) 5352.290-9011, Implementation
of Economic Price Adjustments. (Use in solicitations/contracts
that contain economic price adjustments.) Contractor fill-in
as stated in clause.
AFMC FAR SUPPLEMENT
1 July 1992 91.2-5
(4) A request for the necessary
evaluation will be forwarded by the buyer to the item manager
as if it were an unsolicited offer under (b) above. If the surplus
material is acceptable, a determination as to whether to require
contractor performance of work necessary to return the item to
a serviceable condition or to accept the item in the "as
is" condition and perform the work inhouse shall be
made. When it is determined the Government will perform the work,
an estimate of the cost of government performance shall be provided
as an attachment to the AFMC Form 813.
5391.302 Solicitation Requirements and Provisions.
(a) The solicitation shall, in Section C, specify the types and categories of surplus material, if any, determined to be acceptable. Automated small purchase solicitations and sealed bid procedures are inappropriate when surplus is known to be acceptable. Section E shall specify the inspection and acceptance criteria for each category of acceptable surplus material. If used and overhauled or unserviceable material is acceptable, Section M shall specify an evaluation procedure which acknowledges that used material is worth less than new material based upon decreased service life and considers any cost the Government will bear to make the item serviceable.
(1) When solicitations are issued before a determination that surplus material is or is not acceptable, include in Section C of the solicitation the provision at 5352.291-9000, substantially as written. If a surplus offer is subsequently received and determined to be acceptable, it will be necessary to modify the solicitation to incorporate the surplus terms and conditions. Also give consideration to resolicitation when only one surplus offer is received due to the likelihood of increasing competition by giving other surplus sources the opportunity to submit proposals.
(2) When all surplus has been determined not to be acceptable, include in Section C of the solicitation and contract, the clause at 5352.291-9001, substantially as written.
(3) When government surplus has been determined to be acceptable, include in Section C of the solicitation and contract, the clause at 5352.291-9002, substantially as written.
(4) When government and commercial surplus has been determined to be acceptable, include in Section C of the solicitation and contract, the 5352.291-9003 clause substantially as written.
(b) If surplus material is acceptable, include the appropriate basic categorical inspection statement 5352.291-9005, 5352.291-9006, 5352.291-9007, or 5352.291-9008, substantially as written in Section E of the solicitation and contract.
(1) Additional inspection criteria may be included (pursuant to (6) below) to insure that the conditions to which the contractor certified exist and that the material meets the Government's requirements.
(2) A letter of delegation to the Cognizant Contract Administration Office (CAO) shall be prepared to request the special inspection criteria required.
(3) Inspection and acceptance shall normally be at source with acceptance being evidenced by a DD 250 signed by the cognizant Quality Assurance Representative (QAR).
(4) When functional or destructive testing of an item is required, partial or total inspection and acceptance may be performed at destination.
AFMCAC 96-3
15 May 1996 91.2-6
(5) A 100 percent inspection by the QAR, or evidence of compliance with MILI45208(A) or MILQ9858A requirements, as appropriate, may be required for reconditioning, modification, repair and overhaul when these will be performed subsequent to government disposal but before delivery on the instant requirement.
(6) Additional inspection and acceptance criteria may be provided on the AFMC Form 813. These must also be incorporated in Section E of the solicitation and contract. These may include, but are not necessarily limited, to those criteria found in 5352.2919009 through 5352.2919016. (c) Section M of the solicitation shall contain the necessary provision(s) advising offerors of the evaluation factor(s) in accordance with 5391.303 below to be applied to the categories of material which are acceptable.
(d) Include the provision 5352.291-9004 substantially as written in Section L of all solicitations contemplating the acquisition of surplus material to obtain information required by 52.211-6, Listing of Used or Reconditioned Material, Residual Inventory, and Former Government Surplus Property. (e) Include the warranty clause at FAR 52.24617 in the solicitation or resultant contract, when a warranty is offered by the surplus offeror.
5391.303
Evaluation of Offers.
5391.3031 Acceptability Evaluation.
(a) The first step in the evaluation of proposals is to determine the acceptability of the material on the basis of the 5352.291-9004 surplus item information submitted in accordance with 5391.302(d) above, existing solicitation provisions and prior determination as to the acceptability of surplus. If necessary data is missing or the data provided is inadequate for evaluation, the proposal shall be incomplete. If the required delivery date and the anticipated lead time will allow, the offeror may be provided an opportunity to correct deficiencies in the proposal information. If time precludes this opportunity or if the offeror fails to respond with substantive and timely information, reject the offer and notify the offeror. If surplus material is offered which has been determined to be unacceptable, reject the proposal as an unacceptable alternate proposal and notify the offeror.
(b) The second step in proposal evaluation is to determine the origin of the surplus material. If the material is determined to be new unused government surplus material, we must purchase it assuming the surplus offer is the lowest price offered and all other conditions of the solicitation are met unless a determination has been made on a valid technical basis that all surplus material is unacceptable.
(1) Material which is identified to be new unused government surplus material shall be conclusively presumed to be as identified and acceptable in accordance with 5391.3021(a) when:
(i) A DLA sales number and date are provided;
(ii) The proposal provides traceability from the time sold by the Government; that is, it must be apparent from the proposal that the material has been maintained since the date sold in a warehouse facility which satisfies all environmental control requirements applicable to the item.; (iii) A properly completed proposal is provided; and
(iv) Material is in the
original unopened packages.
AFMCAC 96-3
15 May 1996 AA-7
AA-306a. To avoid technical leveling
or transfusion, in addition to normal SSEB/SSET review, the SSEB
or SSET Chairperson must review all DRs before the contracting
officer provides them to the offerors. In addition, as part of
the competitive range determination and SSEB initial evaluation
briefing (if conducted), make the SSA or the SSAC Chairperson,
if SAF/AQ or an individual within the Secretariat is the SSA,
aware of the number and nature of DRs that the SSEB/SSET plans
to send to each offeror and provide copies of these DRs for review,
as appropriate, so that the DRs may be approved for issuance.
AFMC Form 422, Deficiency Report, may be used to document DRs.
AA-307. To avoid technical leveling
or transfusion, in addition to normal SSEB/SSET review, the SSEB
or SSET Chairperson must review all CRs before the contracting
officer provides them to the offerors. In addition, as part of
the competitive range determination and SSEB/SSET initial evaluation
briefing (if conducted), make the SSA or the SSAC Chairperson,
if SAF/AQ or an individual within the Secretariat is the SSA,
aware of the number and nature of CRs that the SSEB/SSET plans
to send to each offeror and provide copies of these CRs for review,
as appropriate, so that the CRs may be approved for issuance.
AFMC Form 420, Clarification Request, may be used to document
CRs. Annotate the form to indicate whether the CR is a SCR or
a MCR.
AA-309b. Although technical evaluators may not have access to complete cost data, the Contracting Officer should provide them with extracts of: the proposed number and skill mix of labor hours; a description of proposed material to be acquired; a description of proposed travel; and the technical basis of any other pertinent cost elements. Evaluation of the reasonableness of these proposed elements should be included in the technical evaluation, and any inconsistencies addressed during discussions.
AA-311c. Consider the number
of offerors in the competitive range when assessing the possibility
of an offeror's proposal having a reasonable chance of being selected
for award. The existence of several offerors with relatively
superior ratings may possibly preclude other, acceptable offerors
with lower ratings from having a reasonable chance of being selected
for award.
AA-312d.
(1) In order to improve the efficiency of transitioning from written/oral discussions to best and final offers (BAFOs), revisions to the model contract are to be agreed upon to the maximum extent possible by the offerors and the Government before the Government requests the BAFO. To accomplish this, include appropriate instructions in Section L of all solicitations where AFFARS Appendix AA and Appendix BB source selection procedures are followed. Prior to the close of the written/oral discussion phase, the contract team must review each offeror's response and resolve as much as practicable any disagreements, deficiencies, or omissions regarding the model contract and other documents. After resolution, obtain a business clearance using the procedures defined in AFFARS 5301.90, as supplemented, and request a BAFO based upon the refined contractual agreement. The BAFO request should advise offerors that significant changes to proposals in BAFO responses may adversely impact their eligibility for award.
AFMCAC 96-3
15 May 1996 AA-8
(2) All formal source selections
require approval to request second or subsequent BAFOs. For Other
Contracting, this authority is HQ AFMC/CC. For Major, Selected,
and Other Programs, the authority is SAF/AQ.
AA-312f (added). Written or oral discussions with each offeror in the competitive range must provide the offeror with the opportunity to clarify past and present performance data, obtained from the offeror or other sources, that are contradictory, unclear, or that could lead to a moderate or high risk assessment. Any such data gathered that is contradictory, unclear, or that could lead to a moderate or high risk assessment must generate a SCR as described in paragraph AA-307. However, when considering whether or not to award without discussions, such SCRs that do not have a material impact on the SSA's resultant source selection decision should not by themselves drive the decision to conduct discussions. But when discussions are held, release these
SCRs to offerors within the competitive
range. The Contracting Officer, assisted by a PRAG member, will
conduct all discussions of these SCRs, whether written or oral.
Discussions shall not be concluded until all performance data
to be used in the evaluation is gathered and, if necessary, discussed
with the offerors. The SSA or SSAC will decide if well known
and thoroughly documented performance problems need to be discussed
with the offeror.
AA-312g (added). Award without discussion may be made whenever the requirements of law and regulation are met and it is in the Government's best interest. Discussions will be necessary when the highest rated proposal has deficiencies. Those minor clarification requests (MCRs) described in paragraph AA-307a(2), AFFARS Appendix AA, will have no impact in determining whether an award without discussions is possible since they do not constitute discussions. In addition to requirements described in FAR 15.610, the following must also take place in order to make an award without discussions:
(1) Verify that discussions are unnecessary, i.e., the offeror's initial proposal selected for award demonstrates an understanding of the requirements, and does not deviate from any material requirement of the solicitation and no past performance issues require clarification.
(2) If potential CRs are generated
by the evaluation teams, only make an award without discussion
after the SSA has determined that the CRs identified are MCRs.
Discussions shall be conducted when PRAG generated SCRs may have
a material impact on the SSA's selection decision because they
report performance data which is contradictory, unclear, or that
could lead to a moderate or high risk assessment, and cannot be
independently verified (for example, Mechanization of Contract
Administration Services (MOCAS) data or information received in
questionnaires). The generation of SCRs may also be a clear signal
that discussions may be needed, and that it is in the Government's
best interest to conduct them.
AA-313b(4) In both the written evaluation report and the oral presentation, include discussion of the following PRAG information for each offeror:
(i) Sources and type of performance data gathered. Examples of types of data include percent of award fee earned, delivery rates, program specific data, test results, or cost performance data;
(ii) Relevancy and significance
of the data. Describe the methodology used by the PRAG to determine
the relevancy of a past or present contract effort. AFMCAC
95-2 21 July 1995
AA-9
Describe those efforts considered most relevant and provide the rationale supporting their relevance.
(iii) Performance risk assessments
and supporting rationale for each. Cite specific examples, trend
analyses, and overall judgments in support of each performance
risk assessment (high, moderate, low, or not applicable).
AA-313e. Organize supporting
documentation for the SSEB Evaluation Report according to Center
procedures.
AA-316d (added). The rationale for not conducting discussions whenever award without discussion occurs.
AA-316e (added). The fact that
award is made to an offeror with a good demonstrated performance
record, when this occurs, and supporting rationale for
the selection.
AA-404 (added). Use of the following forms is optional:
AFMC Form 402, Point for Negotiation
AFMC Form 404, Evaluation Worksheet
AFMC Form 405, Offerors Response Summary
AFMC Form 411, Factor Summary
AFMC Form 412, Area Summary
AFMC Form 415, Proposal Risk Assessment
AFMC Form 416, Strong/Weak Points
AFMC Form 417, Non-Government Advisor Evaluation Request
AFMC Form 420, Clarification Request
AFMC Form 422, Deficiency Report
AFMC Form 423, Manpower Evaluation
AFMC Form 439, Multilog Sheet
AFMC Form 443, Source Selection
Lessons Learned Questionnaire
AFMCAC 96-3
15 May 1996 BB-8
(2) If potential CRs in accordance
with paragraph 25.e.(2), AFR 70-30/AFFARS Appendix BB, are generated
by the evaluation teams, award without discussions may only be
made after the SSA has determined that the CRs identified are
so insignificant that they do not necessitate the need for discussions.
The generation of CRs may be a clear signal that discussions may
be needed, and it is in the Government's best interest to conduct
them. Therefore, award without discussions in the face of identified
CRs should occur only under the most unusual circumstance. Whenever
this occurs, the Source Selection Decision Document (SSDD) must
include the rationale for not conducting discussions.
32.a.(3) Written or oral discussions
with each offeror in the competitive range should clarify performance
data, obtained from the offeror or other sources, that are contradictory,
or unclear, or that could lead to a moderate or high risk assessment.
32.a.(4) (Added). Any present
or past performance data gathered that is contradictory, unclear
or that could lead to a moderate or high risk assessment must
generate a CR as described in paragraph 25.e(2). The PCO, assisted
by a PRAG member will conduct all discussions of these CRs, whether
written or oral. Discussions shall not be concluded until all
performance data to be used in the evaluation is gathered and,
if necessary, discussed with the offerors. The SSA or SSET chairperson
will decide if well-known and thoroughly documented performance
problems need to be discussed with the offeror.
32.d.
(1) In order to improve the efficiency of transitioning from written/oral discussions to best and final offers (BAFOs), revisions to the model contract are to be agreed upon to the maximum extent possible by the offerors and the Government before the Government requests the BAFO. To accomplish this, include appropriate instructions in Section L of all solicitations where AFFARS Appendix AA and Appendix BB source selection procedures are followed. Prior to the close of the written/oral discussion phase, the contract team must review each offeror's response and resolve as much as practicable any disagreements, deficiencies, or omissions regarding the model contract and other documents. After resolution, obtain a business clearance using the procedures defined in AFFARS 5301.90, as supplemented, and request a BAFO based upon the refined contractual agreement. The BAFO request should advise offerors that significant changes to proposals in BAFO responses may adversely impact their eligibility for award.
(2) All formal source selections
require approval to request second or subsequent BAFOs. For Other
Contracting, this authority is HQ AFMC/CC. For Major, Selected,
and Other Programs, the authority is SAF/AQ.
33. The PRAG report will be used
together with the Technical Team and Contracting Team reports
by the entire SSET for preparation of the Proposal Analysis Report.
The PRAG report will be included in the information sent to the
SSA for the final source selection decision.
AFMCAC 96-3
15 May 1996 BB-9
35. When award is made to an offeror
with a good, demonstrated performance record, the SSDD shall reflect
that fact in its supporting rationale for the selection.
37.a. (Added). Conduct prompt
and frank debriefing. When discussions have been held, any weaknesses
discussed during the debriefing should have been discussed with
the offeror in the form of a CR/DR except for weaknesses identified
as a result of the BAFO response. The strengths and weaknesses
identified in the debriefing should parallel those identified
and documented by the SSET or PRAG. The PCO and the SSET chairperson
are responsible for determining if a need exists for a formal
briefing (charts and script). Base this determination on the complexity
and dollar value of the acquisition. If a formal briefing is prepared,
coordinate with legal counsel, contracting staff, and get SSET
chairperson approval. Provide a copy of the briefing charts and
script to the offeror on request.
37.b. (Added). Encourage the offerors
to submit written questions in advance. If written questions are
received, make every effort to either incorporate answers into
the debriefing charts and script or provide written answers at
the debriefing.
37.c. (Added). The PCO shall chair
the debriefing session. The Government must also be represented
by the SSET chairperson and functional experts from the source
selection team who are thoroughly knowledgeable and who may brief
their specific portion in discussing the specifics of the evaluation.
Permit open discussions on any aspect of the debriefing, including
answers to written questions. Avoid discussion regarding the validity
of the requirements or evaluation process. Permit oral questions;
however, state that the Government reserves the right to defer
answers to any question and provide written answers promptly following
the debriefing.
38.a. The authority to release
source selection records after contract award for Other Contracting
is delegated to the Center Commanders with power of redelegation.
39. Under the alternative organization,
the PRAG will normally be separate from the SSEB and report directly
to the SSAC. The PRAG may report to the SSEB chairperson on an
exception basis at the discretion of the SSA or SSAC chairperson.
See Attachment 3 for diagrams of typical PRAG placement within
the source selection organization.
41.c. Designating the chairperson
and approving the membership of the PRAG.
41.j. Reviewing the PRAG assessments
of performance risk before the decision brief to the SSA.
44.e. The documentation of the
PRAG analysis becomes part of the SSEB Evaluation Report and SSAC
Analysis Report.
