afmcac97-8

IMMEDIATE ACTION

DEPARTMENT OF THE AIR FORCE AFMC ACQUISITION CIRCULAR 97-8

Headquarters AFMC

Wright-Patterson AFB OH 45433 Dec 01

Air Force Materiel Command Acquisition Circular (AFMCAC)

1. All items in this AFMCAC are effective as of the date of publication unless otherwise specified in the item description. They shall remain in effect until specifically cancelled or incorporated by a subsequent edition of the AFMCFARS.

2. This AFMCAC implements the following AFMC Guides located at website: https://www.afmc-mil.wpafb.af.mil/HQ-AFMC/PK/pkp/guides.htm.

a. AFMC FAR Case # 01-06. A Guide to Writing a Good Price Negotiation Memorandum (PNM) or Price Competition Memorandum (PCM) (July 2001). The PNM/PCM Guide has been updated for the new TINA threshold of $550,000, minor clarifications and additions, and an enhanced PCM evaluation section.

b. AFMC FAR Case #01-08, AFMC Acquisition Plan Preparation Guide & Template (effective date: June 2001). The guide has been revised to place an emphasis on considering small businesses in acquisition planning.

c. AFMC FAR Case #01-05, AFMC Weapon System Warranty Guide (effective date: June 2001). This guide provides current information and procedures for Weapon System Warranties. Recent policy changes have been included in the guide.

3. The following AFMC FAR cases have been approved, and result in a change to the AFMCFARS:

a. Item 1. Case # 01-04. AFMCFARS 5309.406-3(90) is amended to provide the field activities with clear procedures for processing suspension and debarment reports and recommendations. In addition, the recommended change will keep HQ AFMC/PK informed of suspension and debarment recommendations for “major contractors”.

b. Item 2. Case # 01-10. AFMCFARS 5315.407-1(91) and 5315.407-91-3(b) are changed to establish AFMC procedures for review and documentation of pre-negotiation objectives and disposition of defective pricing reports. Specific changes include: (1) to clearly establish that it is the responsibility of each SCCO to establish the clearance and status reporting requirements for their center, and (2) to ensure clearance and reporting for defective pricing cases are accomplished consistently across the command.

c. Item 3. Case #01-13. AFMCFARS clauses 5352.247-9009, -9010, and -9013 reflects administrative change of MIL-STD-2073-1C to MIL-STD-2073-1D.

d. Item 4. Case #02-02. AFMCFARS 5315.301-90(c) and AFMC Pamphlet 64-113, Vol 1, are deleted. In May 2001, the AF issued a comprehensive Past Performance Evaluation Guide. Therefore, an AFMC level guide is no longer required. Reference to the AFMC guide is removed.

e. Item 5. Case #01-09. AFMCFARS 5311.302-91(a) and corresponding provision 5352.211-9002 are amended to require the contracting officer to amend the solicitation and resolicit if unanticipated surplus material is offered and determined to be acceptable.

4. Administrative changes:

a. Change AFMCFARS 5325.302 to correct paragraph numbers (b)ii and (b)(ii)(90) to (2)ii and (2)(ii)(90) and FAR reference from 25.302(b)(2) and (3) to 25.303(b)(2) and (3).

b. In AFMCFARS 5352.247-9006, Warranty Terms and Conditions were capitalized.

c. In AFMCFARS 5352.247-9007, space was deleted between “D” and “3951” to read “ASTM D3951”.

/s/

No. of Printed Pages: 22 THOMAS S. WELLS, SES

OPR: HQ AFMC/PKPA (Anthony W. Everidge) Deputy Director of Contracting

Distribution: F

HQ USAF/LG, Wash DC 20330-5000.............4

SAF/AQCP, Wash DC 20330-5000................ 3

HQ USAF/JAC, Wash DC 20330-5000...........1

HQ AFIA/IM, Kirtland AFB NM 87117-5670....1

AUL/LDEA, Maxwell AFB AL 36112-5564...... 1

4. Filing instructions:

Page Insert changes:

Remove: Insert:

9-i, 9-5 & 9-6 9-i, 9-5 & 9-6

11-i & 11-3 11-I & 11-3

15-i & ii 15-i & ii

15-4 15-4

15-10 – 15-12 15-10 – 15-12

25-i & 25-1 25-i & 25-1

52-i & iv 52-i & iv

52-9, 98, 99 & 52-101 52-9, 98, 99 & 52-101

Summary of changes follows. [xxxx] indicates changed text, or change note.

5309.406-3 Procedures.

(90) Each field activity shall appoint a person to control and process suspension and debarment reports and [recommendations. Field activities are not required to forward a copy of the report and recommendation to the AFMC Judge Advocate and Chief of Contracting for coordination. However, in the event a report and recommendation is for the debarment or suspension of a contractor on AFMC’s Top 20 Contractors list, field activities must provide HQ AFMC/PKP written or electronic notification identifying the contractor and the name and phone number of a field point of contact. Provide the notification at the same time that the report and recommendation are forwarded to SAF/GCR. The Top 20 AFMC Contractors list is available on the WWW ( https://www.afmc-mil.wpafb.af.mil/HQ-AFMC/PK/pkx/contrsum.htm).]

5311.302-91 Solicitation provisions and contract clauses.

(a) When the Government issues a solicitation before making a determination that surplus material is or is not acceptable, insert the provision at 5352.211-9002, New Manufactured Material, substantially as written, in Section L. If a surplus offer is subsequently received and determined acceptable, the contracting officer shall modify the solicitation to incorporate the surplus terms and [conditions and solicit from all offerors based upon the new requirements].

(b) * * * * *

5315.301-90 Definitions.

[paragraph (c) is deleted]

(q) Probable Cost (PC): The Government estimate of the total cost most likely to be incurred if a contract is awarded. In addition to specific contract acquisition cost, this estimate should include any other Government cost expected to be incurred. Some examples include Government furnished property, Government furnished facilities, or cost of transportation. PC is most frequently used to evaluate cost in cost reimbursement and other flexibly priced contracts.

5315.407-1 Defective cost or pricing data.

* * * * *

(91) The SCCO shall consider designating a defective pricing advisor to provide counsel and training to the contracting officer on the processing, resolution and disposition of defective pricing cases. [The SCCO shall establish review and documentation procedures for defective pricing actions. In accordance with AFFARS 5315.407-91-6(b), the procedures shall provide for the independent review of proposed prenegotiation objectives that are significantly different from the DCAA audit recommendations. The independent review must be conducted at a level above the defective pricing contracting officer.]

* * * * *

5315.407-91-3 Responsibilities.

(b) The MAJCOM responsibilities designated in AFFARS 5315.[407-91-3(b)] are delegated to the SCCO. RCS:DD-IG(SA)1580, Policy for Follow-up on Contract Audit Reports, applies and shall be submitted through the PK Audit Reporting System.

(1) The Chief of Pricing, Finance and Specialized Policy Branch, HQ AFMC/PKPC, is the designated contract audit follow-up official responsible for managing the command's contract audit follow-up program.

5325.302 Policy.

[(2)](ii) The authority in DFARS 225.302[(2)](i) is redelegated to the Center Commanders or Vice Commanders or Executive Directors for acquisitions not to exceed $500,000. The authority may be redelegated to the SCCO without further redelegation. Forward FAR 25.30[3](b)(2)and (3) determinations exceeding $500,000 though HQ AFMC/PKP.

[(2)](ii)(90) If a foreign acquisition is approved on the basis of nonavailability and the negotiated amount exceeds the original determined estimated amount, a revised determination is not required unless the negotiated amount exceeds the original approving official's authority.

5352.211-9002 New Manufactured Material.

As prescribed in 5311.302-91(a), insert the following provision, substantially as written, in Section L:

NEW MANUFACTURED MATERIAL (AFMC) ([DEC 2001])

New manufactured material, as defined in AFMCFARS 5311.001, is solicited in satisfaction of the requirement set forth herein. This solicitation does not contemplate surplus material. In the event surplus material is offered and [it is determined to be the best value to the Government,] a determination shall be made as to its acceptability. The urgency of the instant action and the time necessary for evaluation may preclude consideration of surplus material for this award, however; in the event surplus material is determined to be acceptable,[text deleted] the solicitation will be amended announcing any supplemental inspection requirements and revising the due date for receipt of proposals. This statement applies to (insert contract line item(s)).

(End of provision)

5352.247-9007 Specification Commercial Packaging. [format change only]

As prescribed in 5347.305-10(a)(93), insert the following clause in Section D:

SPECIFICATION COMMERCIAL PACKAGING

(AFMC) ([JAN 2000])

(a) Items shall be packaged in accordance with American Society for Testing and Materials (ASTM) Specification D3951-98, Standard Practice for Commercial Packaging. Individual shipments exceeding 150 pounds, 108 inches in length, or 130 inches in girth plus length shall be packaged on skidded crates or palletized to allow handling by forklift.

(b) The exterior container shall be marked (readable from 24 inches): “ASTM D3951 - NOT FOR OUTSIDE STORAGE.”

(End of clause)

5352.247-9009 Military Packaging and Marking.

As prescribed in 5347.305-10(a)(95), insert the following clause in Section D:

MILITARY PACKAGING AND MARKING (AFMC) ([DEC 2001])

Items shall be packaged in accordance with MIL-STD-2073-1[D], Standard Practice for Military Packaging. Shipping and storage markings shall be in accordance with MIL-STD-129N, Standard Practice for Military Marking.

(End of clause)

5352.247-9010 Engineered or Specialized Containers.

As prescribed in 5347.305-10(a)(96), insert the following clause, substantially as written, in Section D:

ENGINEERED OR SPECIALIZED CONTAINERS (AFMC) ([DEC 2001])

(a) Existing containers or designs already in the DoD inventory shall be evaluated for use or adaptation prior to the development of new containers (MIL-STD-2073-1[D], Standard Practice for Military Packaging). Modification of existing containers or designs are an acceptable alternative to new containers when approved by the Government. The Contractor’s recommendation shall be based on information received from queries using DI-PACK-80683A, Container Design and Retrieval System (CDRS) Search Request

(b) Air Force acceptance of proposed new engineered or specialized containers shall be by written notice from the Contracting Officer and identify each container

5352.247-9013 Packaging Data.

As prescribed in 5347.305-10(a)(99), insert the following clause in Section D:

PACKAGING DATA (AFMC) ([DEC 2001])

The Contractor shall provide packaging data in accordance with DD Form 2326, Preservation and Packing Data, and/or DD Form 2169, Special Packaging Instructions. MIL-STD-2073-1[D], Standard Practice for Military Packaging, identifies the applicable data elements. DI-PACK-80120B, Preservation and Packing Data, and DI-PACK-80121B, Special Packaging Instructions, apply.

(End of clause)