Part 5315 - Contracting by Negotiation

AFFARS PART 5315 Knowledge Center

2019 Edition

Revised:2 May 2022

Subpart 5315.3 - SOURCE SELECTION

5315.300 Scope of Subpart

5315.371-4 Exceptions

5315.371-5 Waiver

Subpart 5315.4 - CONTRACT PRICING

5315.400 (S-90)

5315.403-1 Prohibition on Obtaining Certified Cost or Pricing Data ( 10 U.S.C. 2306a and 41 U.S.C. , Chapter 35 )

5315.403-3 Requiring Data Other Than Certified Cost or Pricing Data

5315.403-4 Requiring Certified Cost or Pricing Data ( 10 U.S.C. 2306a and 41 U.S.C. , Chapter 35 )

5315.404-1-90 Pricing Assistance or Pricing Assistance Waiver

5315.404-2 Data to Support Proposal Analysis

5315.404-4 Profit

5315.404-70-90 DD Form 1547, Record of Weighted Guidelines Method Application, Report Control Symbol: DD-AT&L(Q)1751

5315.405 5315.405 Price Negotiation

5315.406-1 Prenegotiation Objectives

5315.406-3 Documenting the Negotiation

5315.407-3 Forward Pricing Rate Agreements

5315.407-4 Should-cost Review

5315.407-90 Contract Audit Follow-Up (CAFU)

5315.408 Solicitation Provisions and Contract Clauses

Subpart 5315.6 - UNSOLICITED PROPOSALS

5315.606 Agency Procedures

Subpart 5315.3 - SOURCE SELECTION

5315.300 Scope of Subpart

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

5315.371-5 Waiver

(a) When a waiver to the requirement at DFARS 215.371-2 is sought, the contracting officer should provide the following documentation to support the waiver request:

(1) Summary of market research that documents that competition was anticipated, process used to maximize competition pre-solicitation, and description of solicitation method;

(2) Rationale why re-advertising for an additional 30 days will likely not obtain two or more offers.

(3) Rationale for how the price/cost will be determined fair and reasonable with only one offeror.

See MP5301.601 (a)(i) Head of the Contracting Activity (HCA) Matrix.

Subpart 5315.4 - CONTRACT PRICING

5315.403-1 Prohibition on Obtaining Certified Cost or Pricing Data ( 10 U.S.C. 2306a and 41 U.S.C. , Chapter 35 )

(b) See MP5301.601 (a)(i) Head of the Contracting Activity (HCA) Matrix.

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

(4) Waivers.

(A) Exceptional case TINA waiver. Submit the request for an exceptional case TINA waiver through the SCO to SAF/AQC for HCA approval (see MP5301.601 (a)(i) Head of the Contracting Activity (HCA) Matrix )). When the waiver is for a subcontractor who has refused to provide cost or pricing data to a prime contractor, the information required must cover both the prime contract and the subcontract. Contracting officers must submit a copy of all signed TINA waivers to HQ AFMC/PKQ via the HQ AFMC/PK workflow account within 30 days of signature by the HCA. Submit the request for OUSD(A&S)/DPC approval to use the exceptional circumstances waiver pursuant to Class Deviation 2019-O0008, Section 890 Pilot Program to Accelerate Contracting and Pricing Processes, to SAF/AQC with the Subject: "AFFARS 5315.403-1(c)(4)(A) ? Section 890 Pilot Program to Accelerate Contracting and Pricing Processes."

5315.404-1-90 Pricing Assistance or Pricing Assistance Waiver

(a)Required thresholds for requesting pricing assistance:

Sole Source

Competitive

PEO (Systems)

All Other

All

$25M or more

$10M or more

$100M or more

(b) See MP5315.404-1-90 Pricing Assistance or Pricing Assistance Waiver for procedures for requesting pricing assistance.

(c) See MP5315.404-1-90 Pricing Assistance or Pricing Assistance Waiver for procedures for requesting a pricing assistance waiver for actions that meet or exceed the required thresholds identified in 5315.404-1-90(a).

5315.404-70-90 DD Form 1547, Record of Weighted Guidelines Method Application, Report Control Symbol: DD-AT&L(Q)1751

HQ AFMC/PK is the designated Air Force focal point for weighted guidelines reporting. DD Form 1547s shall be prepared and reported using the web-based Weighted Guidelines (WGL) Application. The SCO shall appoint a WGL Administrator at each geographic location. The responsibilities of the WGL Administrator are outlined in the WGL Administrator's Guide. Refer to the web-enabled version of the Profit WGL Application and User Application Guides (Users and Administrators).

5315.405 5315.405 Price Negotiation

(d) In situations where a contractor inadequately supports the proposed price as fair and reasonable despite all attempts by the contracting officer to secure adequate justification through negotiations, these situations should be elevated and documented as described herein. When the contractor insists on a cost/price or demands a profit or fee that the contracting officer considers unreasonable, the contracting officer shall notify the authority one level above the contracting officer and immediately submit an Egregious Pricing Incident Report Form to the HCA. The contracting officer shall also inform the contractor that such action has been taken and continue to attempt to negotiate a fair and reasonable cost/price.

(1) If the Egregious Pricing situation is not resolved through negotiations, the offeror is ineligible for award unless the HCA determines, in writing, that it is in the best interest of the Government to make award to that offeror, based on consideration of the following:

(i) The program or mission partner need for the item(s) or service(s) in terms of the specific mission contribution;

(ii) The challenges to reaching and efforts made to reach a fair and reasonable cost/price; and

(iii) Increased cost or harm to the Government if award is not made.

(2) The PEO or Wing Commander (or other corresponding authority) and SCO shall certify to the HCA that the conditions listed in 5315.405(d)(1) exist and award should be made. AFFARS Subpart 5301.7 - DETERMINATIONS AND FINDINGS provides instructions for the submission of the Determination and Findings (D&F).

(3) Contracting officers, with coordination from the cognizant SCO, must report price negotiation situations, where 5315.405(d)(1) applies, to SAF/AQC no later than 30 days after negotiations have concluded. Update the Egregious Pricing Incident Report Form completed under 5315.405(d) with post-negotiation information and submit a copy of the final negotiation memorandum and D&F as attachments.

(4) The procedures specified in 5315.405(d)(1-3) above apply to situations where certified cost and pricing data are required and to situations when certified cost and pricing data are not required. If used in situations where other than certified cost or pricing data is required and FAR 15.403-3(a)(4) applies, contracting officers should also complete reporting requirements required under 5315.403-3(a)(6)(ii) above.

5315.406-1 Prenegotiation Objectives

(b)(ii) Adjudication Procedures .The contracting officer must forward DCAA requests for Air Force management review through their management chain, and provide the SCO name and contact information to the cognizant DCAA representative. If disagreements remain, the SCO must elevate the issue to SAF/AQC to support any request from DCAA for further elevation of the issue(s).

(b)(90) A Preliminary Price Negotiation Memorandum (PPNM) is required for all actions of $10M or more. The AF PPNM template may be tailored for use.

5315.406-3 Documenting the Negotiation

(a) See the Price Negotiation Memorandum (PNM) Checklist that may be used to ensure PNMs contain all required information. For contract actions valued below the Truthful Cost or Pricing Data threshold, the AF Streamlined PNM Format for supplies or services is available for use. If the value of the contract action exceeds the Truthful Cost or Pricing Data threshold and no exception to the Truthful Cost or Pricing Data threshold applies, pricing documentation is expected to address the cost element composition of the proposed, objective, and negotiated positions at an appropriate level of detail based on the value and complexity of the pricing action. The final PNM template and streamlined PNM templates for supplies or services may be tailored for use.