IMMEDIATE ACTION

DEPARTMENT OF THE AIR FORCE AFMC ACQUISITION CIRCULAR 06-01

Headquarter AFMC

Wright Patterson AFB OH 45433 16 Jun 2006

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. Each item in this AFMCAC shall remain in effect until specifically cancelled or incorporated by a subsequent AFMCAC or change to the AFMC FAR Supplement (AFMCFARS).

2. This AFMCAC implements AFMC FAR Council case 06-02, AFMCFARS 2002 Revision, to revise the 2002 edition of the AFMCFARS as a result of AFAC 2006-0515. Therefore, the AFMCFARS is amended as specified below (all changes are highlighted in bold). AFMCFARS edition 2006 is effective as of the date of this AFMCAC.

and Wing levels to also include any civilian in a leadership position by using

z. Item 26: AFMCFARS 5315.404-4, Profit. Purpose/Explanation of

Change(s): This change deletes AFMCFARS 5315.404-4 since it is now included

aa. Item 27: AFMCFARS 5315.404-70-90(a), AFMC policy and procedures for

DD Form 1547, Record of Weighted Guidelines Method Application, RCS:DD-

A&T(Q)1751. Purpose/Explanation of Change(s): PKPC is changed to PKPB

and website address is updated for the WGL program.

bb. Item 28: AFMC 5315.406-3(a)(90). Documenting the Negotiation.

Purpose/Explanation of Change(s): This change updates web address for

PNM Checklist.

No. of Printed Pages: 45

OPR: HQ AFMC/PKPB (Kimberly Yoder)

PROPOSED CHANGES (Changes Highlighted, Italicized and Underlined)

PART 5301FEDERAL ACQUISITION REGULATIONS SYSTEM

SUBPART 5301.1—PURPOSE, AUTHORITY, ISSUANCE

5301.101 Purpose.

HQ AFMC guides and templates referred to in this supplement can be found in the PK Index at the following World Wide Web (WWW) address: https://www.afmc-mil.wpafb.af.mil/HQ-AFMC/PK/pkp/guides.htm. Information in these guides and templates is GUIDANCE ONLY and is not mandatory.

SUBPART 5301.2—ADMINISTRATION

5301.201 Maintenance of the FAR.

5301.201-2 FAR Secretariat.

The Chief, Contracting Policy (HQ AFMC/PKP), prepares and maintains the AFMCFARS.

5301.290 Designation of Office of Primary Responsibility (OPR).

The OPR for policy and actions on all matters related to the various parts of the FAR, DFARS, AFFARS, and this supplement can be found at the following WWW address: https://www.afmc-mil.wpafb.af.mil/HQ-AFMC/PK/pkopr1.htm.

SUBPART 5301.3—AGENCY ACQUISITION REGULATIONS

5301.301 Policy.

HQ AFMC/PK issues the AFMCFARS for the AFMC Commander under authority prescribed in AFFARS 5301.301. When awarding contract actions for other MAJCOMs, AFMC contracting officers shall comply with the AFMCFARS.

5301.304 Agency control and compliance procedures.

5301.304-90 AFMCFARS revision procedures.

(a) For assistance in preparing cases for FAR/DFARS/AFFARS/AFMCFARS revisions, please refer to the AFMC FAR Council Process Guide and Templates available at: https://www.afmc-mil.wpafb.af.mil/HQ-AFMC/PK/pkp/farsec/fpguide.htm.

5301.304-91 Use and approval of provisions/clauses not published in FAR Part 52.

Each Senior Center Contracting Official (SCCO) shall establish a system to ensure that provisions/clauses developed by the center and the center’s ABW contracting unit comply with the control and compliance procedures established in FAR Subpart 1.3 as supplemented. For the 377 ABW, the contracting squadron commander has this responsibility.

5301.403 Individual deviations.

Authority is redelegated to the SCCO, without power of further redelegation, to approve individual deviations from the FAR, DFARS, AFFARS, and this supplement. This authority applies to both center and the center’s ABW contracting unit. For the 377 ABW, individual deviation approval authority is retained by the HQ AFMC Director and Deputy Director of Contracting.

5301.404 Class deviations.

(b)(ii) Submit requests for FAR, DFARS, AFFARS, and AFMCFARS class deviations through the SCCO to HQ AFMC/PKP for processing. For the 377 ABW, the contracting squadron commander shall forward class deviation requests to HQ AFMC/PKP for processing. Furnish local legal office coordination with the request.

SUBPART 5301.6—CAREER DEVELOPMENT, CONTRACTING AUTHORITY, AND RESPONSIBILITIES

5301.601 General.

(a)(i)(B) The AFMC Commander, as HCA for Other Contracting, delegates all delegable HCA authorities to the HQ AFMC Director and Deputy Director of Contracting and establishes these individuals as designees of the HCA when regulation provides authority to the HCA or designee. These authorities are redelegated to the SCCO for both the center and the center’s ABW contracting unit. For the 377 ABW, these HCA authorities are retained by the HQ AFMC Director and Deputy Director of Contracting.

(a)(ii) The AFMC Commander delegates general contracting authority to the HQ AFMC Director and Deputy Director of Contracting. The HQ AFMC Director of Contracting redelegates this authority to the SCCO with power of further redelegation to both center and the center’s ABW contracting unit personnel. For the 377 ABW, general contracting authority is redelegated to the contracting squadron commander with power of further redelegation to ABW contracting personnel.

5301602 Contracting officers.

5301.602-2 Responsibilities.

(c)(2) At the discretion of the SCCO and with the coordination of their supporting legal office, a $500,000 threshold may be adopted for Non-Operational contract actions.

(c)(5)(i) Orders issued under an indefinite delivery contract may be considered “funding actions” and therefore do not require legal review only where all of the following conditions exist:

A. the prices have been established in the basic indefinite delivery contract,

B. all other terms and conditions have been established in the basic indefinite delivery contract,

5301.602-3 Ratification of unauthorized commitments.

(b)(2)(A) For the 377 ABW, authority to ratify unauthorized commitments greater than $25,000 is retained by the HQ AFMC Director and Deputy Director of Contracting. Process ratification requests greater than $25,000 through HQ AFMC/PKP.

(b)(2)(B) The approval authority is either the COCO or the SCCO.

5301.603 Selection, appointment, and termination of appointment.

5301.603-1 General.

(90) For both the center and the center’s ABW contracting unit, the SCCO is delegated authority to appoint contracting officers. This authority may be redelegated to the highest contracting official in the contracting chain at geographically separated organizations and AFRL detachments. The SCCO may also redelegate the authority to appoint contracting officers with limited warrants to the installation contracting squadron commander. These limited warrants will be valid only in the assigned squadron and will not transfer to other contracting organizations. No further redelegations are authorized.

(91) For the 377 ABW, the contracting squadron commander is delegated authority, without power of further redelegation, to appoint contracting officers with limited warrants. The HQ AFMC Director and Deputy Director of Contracting retain authority to appoint 377 CONS contracting officers with unlimited warrants.

(92) Individuals with authority to appoint contracting officers shall establish procedures for the selection, appointment, and termination of contracting officers. When the authority to appoint contracting officers with limited warrants has been delegated pursuant to AFMCFARS 5301.603-1(90), the SCCO shall establish procedures for the selection, appointment, and termination of contracting officers with limited warrants.

SUBPART 5301.90—CLEARANCE

5301.9000 Scope and Definition.

(b) The SCCO shall establish procedures for review of orders against existing contract when the price is not prenegotiated in the base contract.

5301.9001 Policy.

(b) The SCCO shall establish and conduct clearance procedures for all contract actions requiring clearance awarded by the center and the center’s ABW contracting unit. These procedures may include a clearance review function.

(90) HQ AFMC/PK, as the SCCO for the 377 ABW, establishes the following procedures for 377 ABW. A clearance review shall be accomplished by: the Deputy for Business Operations (DBO) for actions over $10M; the local staff reviewer for actions between $1M and $10M; and the same individual as the CAA for actions between $500K and $1M.

(g)(1) For organizations that do not have a Wing level, and/or Group level, the following table defines their Wing level PK and Group level PK equivalents:

Organization

Wing level PK Equivalent

Group level PK Equivalent

Det 1 AFRL, Det 8 AFRL, AFRL/IF AFRL/MN and AFOSR

Chief of the Contracting Office

Contracting Division Chief

ESC/PKR

Chief of the Contracting Office

Chief of the Contracting Office

ESC/XPK

Chief of the Contracting Office

Chief of the Contracting Office

ESC/551 Electronic Systems Wing/WE Division

Wing PK

Chief of the Contracting Office

ESC/642 Electronic Systems Squadron

Wing PK

Chief of the Flight Contracting Office

38 EIG*

Chief of the Contracting Office

Chief of the Contracting Office

CPSG*

Chief of the Contracting Office

Chief of the Contracting Office

AFFTC/PKT

Chief of the Contracting Office

Chief of the Contracting Office

AEDC

SCCO (AEDC/PK)

SCCO (AEDC/PK)

AAC/PKZ

Chief of the Contracting Office

Chief of the Contracting Office

AAC: 329 ARSG

329 ARSG/PK

Group PK

OC-ALC/PKX

Chief of the Contracting Office

PKXO Branch Chief

ASC/TASG

Chief of the Contracting Office

Chief of the Contracting Office

ASC/SOFSG

Chief of the Contracting Office

Chief of the Contracting Office

ASC/YFK

Chief of the Contracting Office

Contracting Division Chief

ASC/F117/SS

Wing PK

Chief of Flight Contracting Office

ASC/AEASS

Wing PK

Chief of Flight Contracting Office

ASC/J-UCAS

Chief of the Contracting Office

Chief of the Contracting Office

ASC/ACSSW/PRSS

Wing PK

PRSS/PK

ASC/ACSSW/AASS

Wing PK

PRSS/PK

ASC/ACSSW/CESS

Wing PK

PRSS/PK

ASC/PKW

Chief of the Contracting Office

Chief of the Contracting Office

ASC/PKN

Chief of the Contracting Office

Chief of the Contracting Office

ASC/PKG

Chief of the Contracting Office

Chief of the Contracting Office

ASC/ACSSW/HSG

SCCO (311 HSW/PK)

Group PK

AFCEE-AC

SCCO (311 HSW/PK)

Contracting Division Chief

OO-ALC/PKX

Chief of the Contracting Office

PKXE Branch Chief

OO-ALC/84 CSW

Wing PK

Contracting Division Chief

*As before the AFMC Wing reorganization, these organizations are Direct Reporting Units to ESC/CC.

(2) For Operational Contracting actions over the highest assigned threshold, the SCCO is the Clearance Approval Authority (CAA). For AFRL/IF, the Contracting Branch Chief is the CAA for all Operational Contracting actions from $1M to $10M.

(i) For Operational Contracting, the clearance threshold for the SCCO is raised to $10M, For 377 CONS, Clearance Approval Authority for actions over $10M is retained by the HQ AFMC Director and Deputy Director of Contracting.

(90) Architect-Engineer (A-E), Broad Agency Announcement (BAA), Small Business Innovative Research (SBIR) and Small Business Technology Transfer (STTR) actions shall follow the “noncompetitive” process for purposes of clearance. The SCCO shall establish procedures for review of BAA solicitations prior to issuance.

5301.9002 Clearance Documentation

(a) The CAA shall evidence clearance approval by an affirmative statement, signed and dated. This clearance approval shall be retained in the official contract file.

PART 5302DEFINITIONS OF WORDS AND TERMS

SUBPART 5302.1—DEFINITIONS

5302.101 Definitions.

"Chief of the Contracting Office (COCO)," as used in the FAR, DFARS, AFFARS, and this supplement, means an individual serving as the Senior Contracting Functional at the Wing level, or the first contracting official in the center contracting chain subordinate to the Senior Center Contracting Official (SCCO). In organizations that have the Wing structure, COCO authority may be delegated to the Senior Contracting Functional at the Group level or equivalent, subject to approval by the SCCO.

“Senior Center Contracting Official (SCCO),” as used in the AFFARS and this supplement, does not include the first contracting official who reports to the Nuclear Weapons Center (NWC) Commander. SCCO authority for NWC is exercised by HQ AFMC/PK for actions executed by 377 CONS, and by OC-ALC/PK for all other NWC contracting actions.

PART 5303IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST (RESERVED)

PART 5304ADMINISTRATIVE MATTERS

SUBPART 5304.8—GOVERNMENT CONTRACT FILES

5304.802 Contract files.

5304.802-90 Use of standard file folders for drawer and shelf filing.

AFMC Form 295, Contract Folder Index, Section A through F and AFMC Form 298, Official Contract File (both forms are available at https://www.afmc-mil.wpafb.af.mil/pdl/), may be used for operational contracting actions.

5304.803 Contents of contract files.

(b)(10) Use AFMC Form 296 (available at https://www.afmc-mil.wpafb.af.mil/pdl/), Document Control and Routing, as the official file folder or cover sheet for operational contracting purchase and delivery orders.

5304.804-5 Procedures for closing out contract files.

(90) Refer to the AFMC Contract Close Out Guide available at:

https://www.afmc-mil.wpafb.af.mil/HQ-AFMC/PK/pkp/pkpa/closeout/guides.htm.

SUBPART 5304.70—UNIFORM PROCUREMENT INSTRUMENT IDENTIFICATION NUMBERS

5304.7004 Supplementary PII numbers.

(c)(3)(i) Use the letter "K" in the second position of the supplementary PII number for PIOs unless separately identified below:
L Oklahoma City Air Logistics Center (ALC)
M Ogden ALC
Q Warner Robins ALC

(c)(3)(iii) AFMC procurements which are completely administered by the purchasing office shall use normal modification numbering procedures for amended shipping instructions (ASIs). All other AFMC procurements shall use the letter "T" in the second position of the supplementary PII number for ASIs unless separately identified below:
U Oklahoma City Air Logistics Center (ALC)
V Ogden ALC
Y Warner Robins ALC

SUBPART 5304.71—UNIFORM CONTRACT LINE ITEM NUMBERING SYSTEM

5304.7103 Contract line items.

5304.7103-1 Criteria for establishing.

(a)(2)(90) Establish separate line items to segregate developmental (nonrecurring) and production (recurring) tasks. Price each line item to maintain its reasonableness in relation to its associated deliverable or effort so that future price analysis techniques may be applied to follow-on acquisitions.

5304.7105 Contract exhibits and attachments.

(a)(6)(i) Enter the price in Section B.

(b) Show the exhibit identifiers in the schedule following the description of the line item or subline item which establishes the exhibit. Estimate the number of exhibit line items anticipated to be ultimately assigned and designate a sufficient number of exhibit identifiers in the contract line or subline items.

PART 5305PUBLICIZING CONTRACT ACTIONS

SUBPART 5305.2—SYNOPSES OF PROPOSED CONTRACT ACTIONS

5305.202 Exceptions.

(b) The contracting officer shall coordinate the request with the center or installation Small Business Director and then submit the request through HQ AFMC/PKP.

5305.207 Preparation and transmittal of synopses.

(d)(90) If 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, then provide such notice in the synopsis. Follow the format of provision 5352.215-9004, Evaluation of Proposals Submitted When Qualification Requirements Do Not Exist.

PART 5306—COMPETITION REQUIREMENTS

SUBPART 5306.3—OTHER THAN FULL AND OPEN COMPETITION

5306.303 Justifications.

Refer to the J&A Guide and Template available at: https://www.afmc-mil.wpafb.af.mil/HQ-AFMC/PK/pkopr1.htm.

5306.304. Approval of the Justification.

For a proposed contract not exceeding $500,000, the CO’s certification required by FAR 6.303-2(a)(12) will serve as approval unless a higher approving level is established in agency procedures.

SUBPART 5306.5—COMPETITION ADVOCATES

5306.501 Requirement.

The following subordinate organizations are designated  "procuring activities" in AFMC:  Aeronautical Systems Center (ASC) and 311th Human Systems Wing (311th HSW) under ASC; Air Armament Center (AAC); Air Force Flight Test Center (AFFTC); Air Force Research Laboratory (AFRL) and Air Force Office of Scientific Research (AFOSR), Armstrong Research Site, Eglin Research Site, Phillips Research Site, Rome Research Site, and Wright Research Site under AFRL; Arnold Engineering and Development Center (AEDC); Electronic Systems Center (ESC), Cryptologic Systems Group (CPSG), and 38th Engineering Installation Group (38th EIG), 754th Electronic Systems Group (ELSG), and 554th Electronic Systems Group (ELSG) under ESC; Oklahoma City Air Logistics Center (OC-ALC); Ogden Air Logistics Center (OO-ALC); 377th ABW; Warner Robins Air Logistics Center (WR-ALC).

PART 5307—ACQUISITION PLANNING

SUBPART 5307.1—ACQUISITION PLANS

5307.104-90 Acquisition Strategy Panels (ASPs).

(b)(7) AFMC Other Contracting

(i) The AFMC SCO delegates ASP Chairperson to the SCCO for both center and ABW contracting units with power of further redelegations.

5307.104-92 Air Force procedures for Acquisition Plans (APs).

(d) For AFMC “Other Contracting” acquisitions.

(2) AFMC SCO delegates operational “Other Contracting” AP with a value >$5M to the SCCO for both center and ABW contracting units with power of further redelegation.

(3) Procedures and thresholds for AFMC non-operational “Other Contracting” acquisitions.

(i) Written acquisitions plans for AFMC non-operational “Other Contracting” are required only IAW DFARS 207.103(d)(i). For other contracting actions that do not fall within the AFPEO/CM portfolio, the AFMC SCO delegates AP approval to the SCCO for both center and ABW contracting units with power of further redelgation.

(ii) AFMC non-operational “Other Contracting” acquisitions above the SAT and below the thresholds in DFARS 207.203(d)(i) require some degree of planning and the contracting officer should prepare a Streamlined Acqusition Strategy Summary (SASS) using AFFARS IG 5307.104-92 or other streamlined procedures (such as, using ASP charts which meets the AP regulatory requirements or using a buy plan as the Milestone Chart). Streamlined APs greater than $5M must be approved one level above the contracting officer.

(iii) Written or streamlined APs for AFMC “Other Contracting” actions are not required for acquisitions made under the Simplified Acquisition Threshold (SAT), to include situations under FAR Subpart 13.5—Test Program for Certain Commercial Items where the SAT can be $5M.

PART 5308—REQUIRED SOURCES OF SUPPLIES AND SERVICES

SUBPART 5308.4 – FEDERAL SUPPLY SCHEDULES

5308.404 Using Schedules.

(a) General.

(1) While FAR Part 19 does not apply to orders placed against FSSs, restricting competition for an order to small business schedule holders (including 8(a), HUBZone, and service-disabled veteran-owned small businesses) is permissible.

5308.405 Ordering procedures for Federal Supply Schedules.

5308.405-5 Small Business.

(90) AFMC contracting officers will restrict competition to small business schedule holders when there is a reasonable expectation that offers will be received from at least three responsible small business concerns, as defined in FAR 19.001, (for both supplies and services), capable of fulfilling the work requirements (for services), and award will be made at a fair market price.

(91) When competition is restricted to small business concerns, include the following in the solicitation:

(a) A notice that competition is restricted to small business schedule holders;

(b) The applicable NAICS code and corresponding size standard;

(c) A requirement for certification of size status by responding contractors as of the date set for submission of proposals.

(92) When restricting the competition to small businesses, include an appropriate limitation of subcontracting requirement in the solicitation/order. This requirement can be met by using a clause substantially the same as at FAR 52.219-14, Limitations on Subcontracting. For services, 50 percent of the cost of labor must be performed by the prime contractor or small business members of a team; for supplies/equipment, 50 percent of the cost of manufacturing, excluding cost of materials, must be performed by the prime contractor or small business members of a team. Team means small business members of a joint venture or small business subcontractors to a prime small business contractor (reference 13 CFR 125.6(g)).

PART 5309CONTRACTOR QUALIFICATIONS

SUBPART 5309.4—DEBARMENT, SUSPENSION, AND INELIGIBILITY

5309.405 Effect of listing.

(a) The contracting officer shall submit a request for a compelling reason exception to HQ AFMC/PKP.

SUBPART 5309.5—ORGANIZATIONAL AND CONSULTANT CONFLICTS OF INTEREST (OCI)

5309.507 Solicitation provisions and contract clauses.

5309.507-2 AFMC solicitation provisions and contract clauses.

(a) In accordance with FAR 9.507-2, insert the clause 5352.209-9002, Organizational Conflict of Interest, substantially as written, in Section I when the contractor's eligibility for future prime contract or subcontract awards shall be restricted because of services being provided as stated in FAR 9.505-1 through -4.

(1) Insert the basic clause when the contractor will be providing systems engineering and/or technical direction. (See FAR 9.505-1.)

(2) Insert the clause with its Alternate I when the contractor will be preparing specifications or work statements. (See FAR 9.505-2.)

(3) Insert the clause with its Alternate II when the contractor will be providing technical evaluation or advisory and assistance services. (See FAR 9.505-3.)

(4) Insert the clause with its Alternate III when the contractor will be obtaining access to proprietary information. (See FAR 9.505-4.)

(5) Insert the clause with its Alternate IV when the contract is a task ordering contract and when more than one system is supported. The contracting officer may modify Alternate IV to include a list of systems for which task orders may be issued and indicate which organizational conflict of interest provision in paragraph (a)(2) shall apply.

(6) Insert the clause with its Alternate V when the contract provides for delivery orders. The contracting officer shall indicate in each delivery order which organizational conflict of interest provision in paragraph (a)(2) shall apply.

(7) Insert Alternate VI when it is necessary to have the restrictions of this clause included in all or some subcontracts, teaming arrangements, and other agencies calling for performance of work related to the contract.

(b) As prescribed in FAR 9.507-1, insert in Section L the provision at 5352.209-9003, Potential Organizational Conflict of Interest, substantially as written.

PART 5310—MARKET RESEARCH (RESERVED)

PART 5311DESCRIBING AGENCY NEEDS (RESERVED)

PART 5312—ACQUISITION OF COMMERCIAL ITEMS (RESERVED)

PART 5313—SIMPLIFIED ACQUISITION PROCEDURES

SUBPART 5313.1 – PROCEDURES

5313.106 Soliciting Competition

A separate sole source justification is not required if repair screening has been accomplished:

1. In accordance with the AFMC Command-Wide Repair Screening Process,

2. Documented on the Form AFMC IMT 762 and,

3. Signed and certified by the Contracting Officer.

The Contracting Officer’s certification is required in Part V, Block 33 of the AFMC IMT 762 form.

PART 5314—SEALED BIDDING (RESERVED)

PART 5315CONTRACTING BY NEGOTIATION

SUBPART 5315.1—SOURCE SELECTION PROCESSES AND TECHNIQUES

5315.102 Oral presentations.

See AFMC Oral Presentations Guide: https://www.afmc-mil.wpafb.af.mil/HQ-AFMC/PK/pkp/polvault/guides/opguide.doc.

SUBPART 5315.2—SOLICITATION AND RECEIPT OF PROPOSALS AND INFORMATION

5315.209 Solicitation provisions and contract clauses.

5315.209-90 AFMC solicitation provisions and contract clauses.

(a) The contracting officer shall insert the provision at 5352.215-9004, Evaluation of Proposals Submitted When Qualification Requirements Do Not Exist, substantially as written, in Section L for spares acquisitions 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. Use Alternate I for repair and overhaul services.

(b) The contracting officer may insert the clause at 5352.215-9005, Incorporation of Contractor's Technical Proposal, in Section I if it is determined to be in the Government's best interest to incorporate the contractor's technical proposal. Paragraphs (c), (d), and (e) of the clause may be excluded for BAAs, PRDAs, RDSS/Cs, and SBIRs.

(c) In Science and Technology (S&T) acquisitions, the contracting officer may include the provision at 5352.215-9006, Intent to Incorporate Contractor's Technical Proposal, in Section L when the clause at 5352.215-9005, Incorporation of Contractor's Technical Proposal, is used.

(d) The contracting officer shall insert the provision at 5352.215-9007, Use Of Non-Government Advisors, in Section K when contractor personnel are used to assist in analyzing proposals (see FAR 37.203(d)).

(e) The contracting officer may insert the clause at 5352.215-9008, Enabling Clause Between Prime Contractors and Service Contractors, substantially as written, in Section I when a prime contractor must agree to cooperate with a service contractor.

(f) The contracting officer shall insert the provision at 5352.215-9017, Notice to Prospective Suppliers, in Section L for all competitive spares solicitations less than $5 million.

(g) The contracting officer shall insert the provision at 5352.215-9018, Additional Evaluation Factor for Consideration of Past Performance – Red-Yellow-Green Program (Equal to or Less Than $100K), in Section M for competitive spares solicitations equal to or less than $100K, subject to the Red-Yellow-Green (RYG) Program. If any factor other than price and adjusted price based on the RYG program ratings are to be used, those factors must be stated in Section M.

(h) For programs using RYG above $100K, the contracting officer shall insert the provision at 5352.215-9019, Additional Evaluation Factor for Consideration of Past Performance – Red-Yellow-Green Program (Over $100K), substantially as written, because the Technical Evaluation Adjustment is only valid for solicitations equal to or less than $100K. Tailor 5352.215-9019 to be consistent with the "best-value" strategy determined to be most effective by the contracting officer.

SUBPART 5315.3—SOURCE SELECTION

5315.303 Responsibilities.

(a) The SSA for “Other Contracting” source selections over $10 million using the Mandatory Procedures at MP5315.3 is the Center Commander/Director for center acquisitions and the ABW Commander/Director for installation requirements with power of redelegation

5315.303-90 Additional responsibilities.

(b) Reference AFFARS MP5315.3, paragraph 4.5.2, Contracting officers shall use the AFMC Source Selection Notifications Webpage and Template: https://www.afmc-mil.wpafb.af.mil/HQ-AFMC/PK/pkp/afmc_ss_notifications.htm to provide notifications to AFMC and SAF/AQCK on all source selections in excess of $100M.

5315.305 Proposal evaluation.

(a)(2)(90) Past performance evaluation. The Air Logistics Centers shall use the Navy's Red-Yellow-Green (RYG) vendor rating system for the collection of past performance information for spares acquisitions less than $5,000,000. The RYG database shall be used in the evaluation of past performance for all competitive spares acquisitions equal to or below $100K. The RYG database shall be used in conjunction with other sources of past performance information in competitive spares acquisitions greater than $100K but less than $5M when past performance is an evaluation factor. The RYG database may be used in conjunction with the Contractor Performance Assessment Reporting System (CPARS) at the discretion of the contracting officer for competitive spares acquisitions equal to or greater than $5M. RYG classifications for all applicable Federal Supply Codes (FSCs) are established monthly for the contractor. For an explanation of the RYG system and guidance on the RYG process, see the AFMC Red-Yellow-Green (RYG) Program Guide at: https://www.afmc-mil.wpafb.af.mil/HQ-AFMC/PK/pkp/pkpa/ryg.htm.

(a)(3)(90) Reference AFFARS MP5315.3, paragraph 5.5.1. For Science and Technology acquisitions, mission capability shall be evaluated using the following color ratings and definitions:

COLOR RATING DEFINITION

Blue Exceptional -- Exceeds technical expectations. Reflects an innovative approach and/or superior understanding of the technology in a way beneficial to the government.

Green Acceptable -- Meets technical expectations. Reflects a sound approach and/or satisfactory understanding of the technology.

Yellow Marginal -- Does not clearly meet technical expectations. Reflects an uncertain approach and/or incomplete understanding of the technology.

Red Unacceptable Unawardable -- Fails to meet technical expectations. Reflects an unworkable approach and/or inferior understanding of the technology.

SUBPART 5315.4—CONTRACT PRICING

5315.403 Obtaining cost or pricing data.

5315.403-1 Prohibition on Obtaining Cost or Pricing Data (10 U.S.C. 2306a and 41 U.S.C. 254b).

(c)(1)(ii)(B) The approval authority required by FAR 15.403-1(c)(1)(ii)(B) shall be the Senior Center Contracting Official with redelegation authority no lower than the Chief of the Contracting Office (COCO).

5315.404 Proposal analysis.

5315.404-70-90 AFMC policy and procedures for DD Form 1547, Record of Weighted Guidelines Method Application, RCS:DD-A&T(Q)1751.

(a) HQ AFMC/PKPB is the command focal point for weighted guidelines reporting. DD Form 1547s shall be prepared and reported using the web-based Weighted Guidelines (WGL) program found at https://www.wgl.wpafb.af.mil/wgl/. Each SCCO and the 377 ABW contracting squadron commander shall appoint a WGL Administrator at each geographic location. The responsibilities of the WGL Administrator are outlined in the WGL Administrator’s Guide which is available on the WGL website.

(b) See the AFMC Guide to Preparing DD-1547’s for additional information on how to analyze profit and prepare 1547’s. This guide is available through the URL link provided above.

5315.406-3 Documenting the negotiation.

(a)(90) Guidelines for writing the PNM can be found in the HQ AFMC Pricing Negotiation Memorandum/Price Competition Memorandum (PNM/PCM) Guide available at https://www.afmc-mil.wpafb.af.mil/HQ-AFMC/PK/pkp/pkpc/pnmpcm.htm. See AFFARS IG 5315.406-3 for the PNM checklist at https://www.safaq.hq.af.mil/contracting/affars/afac/majcom-supps/affars/mp-ig/IG5315.406-3.doc.

5315.407 Special cost or pricing areas

5315.407-1 Defective cost or pricing data

(d)(90) AFMC contracting offices shall establish procedures to ensure timely resolution of defective pricing audits. Contracting officers shall ensure that defective pricing adjustments (excluding interest) are reflected in automated procurement history records for repetitive spares. No negotiated settlement agreement with a contractor shall waive the rights of the Government for future defective pricing claims or otherwise restrict the Government’s rights to conduct audits under the same or other contracts. The collection of interest cannot be waived or offset.

SUBPART 5315.6—UNSOLICITED PROPOSALS

5315.606 Agency procedures.

(a) See the Mandatory Procedures at MP5315.606 for Review of Unsolicited Proposals.

5315.606-90 AFMC procedures.

(a) Procedures for receipt and disposition of unsolicited proposals are contained in the AFMC , Unsolicited Proposal Guide, available at: : https://www.afmc-mil.wpafb.af.mil/HQ-AFMC/PK/pkp/polvault/guides/upguide.doc

PART 5316—TYPES OF CONTRACTS

SUBPART 5316.4—INCENTIVE CONTRACTS

5316.401 General.

(90) For guidance on award fee contracting, refer to the AFMC Award Fee Guide available at: https://www.afmc-mil.wpafb.af.mil/HQ-AFMC/PK/pkp/guides.htm.

PART 5317—SPECIAL CONTRACTING METHODS

SUBPART 5317.1—MULTI-YEAR CONTRACTING

5317.106 Procedures.

5317.106-1 General.

For guidance on multiyear contracting, refer to the AF Multi-year Contracting Guide at

http://www.safaq.hq.af.mil/contracting/toolkit/part17/word/af-myc-guide.doc.

SUBPART 5317.75—ACQUISITION OF REPLENISHMENT PARTS

5317.7501 General.

(a) When the original system manufacturer (prime contractor) identifies its current vendor(s) as the actual manufacturer(s) for a spare part or piece of support equipment, and recommends procurement from that vendor, consider the vendor an approved source when the acquisition source list is restricted to approved sources only. Prior approval by the requirements activity is not required for these vendors when they are the actual manufacturers.

(b) The contracting officer shall provide written notification to include the new vendor’s name, address, and CAGE code and any changes in the item description (e.g., part number, noun, NSN, etc.) to the requirements activity and the Competition Advocate whenever the prime recommends such sources for use in developing the source list on future acquisitions.

5317.7590 Insuring Support When Contracting With an Unproven Source (Insurance Policy).

5317.7590-1 Policy and Required Provisions.

AFMCI 23-102, Purchase Request/Military Interdepartmental Purchase Request (PR/MIPR) Operations, Chapter 10, provides special procedures for the AFMC Insurance Policy approach. When using the Insurance Policy, insert the provision at 5352.217-9006, Award of Mission Essential Quantity, substantially as written, in Section M.

5317.7591 National Stock Numbers (NSNs).

(a) The contracting officer may insert a provision at 5352.217-9007, Interchangeable Part Number(s)/National Stock Number(s) (Applicable to CLIN/SubCLIN(s)_____), in Section K when alternate NSN/Part Numbers are solicited/anticipated.

(b) When necessary to issue a contract with noncataloged items, the contracting officer shall insert the clause at 5352.217-9008, Assignment of National Stock Numbers Applicable to CLIN/SubCLIN(s)______), in Section D to properly notify the contractor that assignment of a NSN is a prerequisite for shipment of items going to stock.

SUBPART 5317.76—CONTRACTS WITH PROVISIONING REQUIREMNTS

5317.7602 Contracting requirements.

5317.7602-1 Contractual provisions.

(90) For provisioning requirements, the contracting officer shall insert the clause at 5352.217-9009, Provisioning Procedures, substantially as written, in Section I.

5317.7602-90 Policy governing use of Provisioned Item Orders (PIOs).

AFMCI 23-101, Air Force Provisioning Instruction, Chapter 28, provides guidance and instructions for use of PIOs in acquiring initial support of USAF aerospace systems and equipment. The instructions apply to the provisioning activity which processes the orders and contain information for the provisioning procuring contracting officer.

SUB PART 5317.77-OVER AND ABOVE WORK

5317.7701-1 Procedures.

(a) Limit use of over and above clauses and CLINS to the systems and purposes provided at DFARS 217.7701 - contracts for the performance of maintenance, overhaul, modification, and repair or remanufacturing of various items (e.g., aircraft, engines, ground support equipment)

PART 5318 (RESERVED)

PART 5319—SMALL BUSINESS PROGRAMS (RESERVED)

PART 5320 (RESERVED)

PART 5321 (RESERVED)

PART 5322—APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS (RESERVED)

PART 5323—ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE ENERGY TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE (RESERVED)

PART 5324—PROTECTION OF PRIVACY AND FREEDOM OF INFORMATION (RESERVED)

PART 5325—FOREIGN ACQUISITION (RESERVED)

PART 5326—OTHER SOCIO-ECONOMIC PROGRAMS (RESERVED)

PART 5327—PATENTS, DATA, AND COPYRIGHTS

SUBPART 5327.3—PATENT RIGHTS UNDER GOVERNMENT CONTRACTS

5327.303 Contract clauses.

(a)(1) When a patent rights clause, as required by FAR 27.303, is included in a contract, the contracting officer shall complete AFMC Form 476, Contractor Invention Monitoring (available at https://www.afmc-mil.wpafb.af.mil/pdl/) and forward to the servicing legal office for review and retention.

5327.9001 Foreign disclosure policy.

(a) Refer to National Disclosure Policy (NDP-1), AFI 16-201 and AFPD 16-2 Disclosure of Military Information to Foreign Governments and International Organizations (with AFMC Supplement 1), for Foreign Disclosure Issues.

5327.9002 Provisions and clauses.

(a) Insert the clause at 5352.227-9000, Export-Controlled Data Restrictions, substantially as written, in Section I when the acquisition involves export controlled data. Alternate 1 shall be added when the award is to be made to a foreign-owned, operated, or controlled company.

(b) Insert the provision at 5352.227-9001, Qualification of Offeror Under Export Controlled Restricted Solicitation, in Section L of solicitations issued prior to completion of the Foreign Disclosure Review and when the review is completed and involves controlled access information.

(c) Insert the clause at 5352.227-9002, Visit Requests by Foreign-Owned or Controlled Firms, in Section I when a foreign source (foreign-owned, operated, or controlled company) is considered a potential source and when a foreign source is awarded a contract.

PART 5328—BONDS AND INSURANCE (RESERVED)

PART 5329—TAXES (RESERVED)

PART 5330—COST ACCOUNTING STANDARDS ADMINISTRATION (RESERVED)

PART 5331—CONTRACT COST PRINCIPLES AND PROCEDURES (RESERVED)

PART 5332CONTRACT FINANCING (RESERVED)

PART 5333—PROTESTS, DISPUTES AND APPEALS

SUBPART 5333.1—PROTESTS

5333.104-90 Protests to GAO.

(a) HQ AFMC/PKP is the Command protest office of primary responsibility for maintaining GAO protest data. Each AFMC contracting activity shall establish a protest focal point to receive notifications of new protests and to maintain internal data on all GAO protests received.

(b)(1) For Other Contracting, submit the request to HQ AFMC/PKP. The request package shall include a complete, unsigned D&F. Refer to the AFMC Protest to the GAO Determination and Findings Template available at: https://www.afmc-mil.wpafb.af.mil/HQ-AFMC/PK/pkp/pkpa/protest.htm

PART 5334—MAJOR SYSTEM ACQUISITION (RESERVED)

PART 5335—RESEARCH AND DEVELOPMENT CONTRACTING

5335.007 Solicitations.

5335.007-90 Clause.

The contracting officer may insert the clause at 5352.235-9001, Key Positions and Minimum Qualifications, substantially as written, in Section I when the decision to contract is based to a large extent on the qualifications of the principal investigator and/or the key members of the research team.

PART 5336—CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS (RESERVED)

PART 5337—SERVICES CONTRACTING (RESERVED)

PART 5338—FEDERAL SUPPLY SCHEDULE CONTRACTING (RESERVED)

PART 5339—ACQUISTION OF INFORMATION TECHNOLOGY (RESERVED)

PART 5340 (RESERVED)

PART 5341—ACQUISITION OF UTILITY SERVICES (RESERVED)

PART 5342—CONTRACT ADMINISTRATION (RESERVED)

PART 5343—CONTRACT MODIFICATIONS (RESERVED)

PART 5344—SUBCONTRACTING POLICIES AND PROCEDURES (RESERVED)

PART 5345—GOVERNMENT PROPERTY

SUBPART 5345.1—GENERAL

5345.106 Government property clauses.

(90) Except as provided for by 5345.106(91), when contractors are authorized to requisition GFP, insert the clause 5352.245-9001, Government Furnished Property/Contractor Requisitioning, substantially as written, in Section I. This clause is not necessary if the solicitation and contract contain a Government Property Management Attachment, that provides detailed instructions pertaining to the management and control of GFP.

(91) When contractors are authorized to requisition GFP to provide for necessary maintenance of other GFP also provided under the contract, insert the clause 5352.245-9002, Maintenance of Government-Furnished Property, substantially as written, in Section I. This clause is not necessary if the solicitation and contract contain a Government Property Management Attachment, that provides detailed instructions pertaining to the management and control of GFP.

5345.106-90 Base support clause.

(a) Only when considered necessary for contract performance of work on site at Air Force installations, include the clause at 5352.245-9004, Base Support, substantially as written, in Section I.

(b) If the contract is a cost reimbursement, time and materials, or labor hour contract, use the clause with Alternate I.

(c) If it is not possible to list Government support in the contract before award, utilize the clause with Alternate II, if approved by the COCO.

(d) If base support clauses are used, include in the contract file documentation of the agreements covering the support to be provided at specified locations.

(e) When base support is provided, assign property administration to the cognizant contract administrative office. The contracting officer shall request the cognizant Administrative Contracting Officer to redelegate administration of the Base Support clause to the appropriate contract administrative office (where the work is being performed) no later than 90 days before the contractor's support need date.

SUBPART 5345.3—PROVIDING GOVERNMENT PROPERTY TO CONTRACTORS

5345.306 Providing special tooling.

5345.306-5 Contract clause.

(90) If existing special tooling will be provided to the contractor and other Government property clauses do not already provide necessary contractual coverage or if master tooling is included on the special tooling list, insert the clause at 5352.245-9009, Government-Furnished Tooling, substantially as written, in Section I.

5345.307 Providing special test equipment.

5345.307-3 Contract clause.

If special test equipment is to be fabricated by the contractor for the Government but a CLIN has not been established for this equipment, insert the clause at 5352.245-9010, Special Test Equipment, substantially as written, in Section I.

PART 5346—QUALITY ASSURANCE

SUBPART 5346.7—WARRANTIES

5346.702 General.

For guidance on warranties for systems, refer to the AFMC System Warranty Guide at:

https://www.afmc-mil.wpafb.af.mil/HQ-AFMC/PK/pkp/guides.htm.

PART 5347—TRANSPORTATION

SUBPART 5347.3—TRANSPORTATION IN SUPPLY CONTRACTS

5347.303 Standard delivery terms and contract clauses.

5347.303-5 F.O.B. Origin, with differentials.

(90) The contracting officer may insert the clause at 5352.247-9018, Direct/On-Demand Shipment of Serviceable Items, when Performance Based Delivery on Demand Contracts will be used.

5347.305 Solicitation provisions, contract clauses, and transportation factors.

5347.305-6 Shipments to ports and air terminals.

(a)(90) This subsection addresses shipments of U.S. Government material (non-FMS) originating overseas such as deliveries from foreign firms or CONUS firms with overseas operations. Insert the clause at 5352.247-9003, F.o.b. Point for U.S. Shipments Originating Outside the Continental U.S., in Section F when shipments originate outside the continental U.S. for U.S. requirements.

(91) Insert the clause at 5352.247-9004, F.o.b. Point for FMS Shipments Originating Outside the U.S., and FAR 52.247-34, F.o.b. Destination, in Section F when FMS shipments originate outside the continental U.S.

5347.305-10 Packaging, marking, and consignment instructions.

(a)(90) Use AFMC Form 158 (available at https://www.afmc-mil.wpafb.af.mil/pdl/), Packaging Requirements, or similar document for all acquisitions requiring delivery of hardware items.

(91) Insert the clause at 5352.247-9005, Shipping Container Marking, substantially as written, in Section D when the Government requires marking and/or bar coding in accordance with the requirements of MIL-STD-129, Standard Practice for Military Marking. The additional bar coding requirements will be identified on the AFMC Form 158 (available at

https://www.afmc-mil.wpafb.af.mil/pdl/).

(92) Insert the clause at 5352.247-9006, Marking of Warranted Items, substantially as written, in Section D when the items to be delivered are covered by a warranty.

(93) Insert the clause at 5352.247-9007, Specification Commercial Packaging, in Section D when the Government requires the use of commercial packaging to the American Society for Testing and Materials (ASTM) Specification D3951. This is the preferred commercial packaging requirement. In addition to this clause, if marking and bar coding are required, use 5352.247-9005 to identify the requirements.

(94) Insert the clause at 5352.247-9008, Contractor Commercial Packaging, in Section D when other packaging requirements are not appropriate or acceptable to the offeror. In addition to this clause, if marking and bar coding are required, use 5352.247-9005, Shipping Container Marking, to identify appropriate requirements.

(95) Insert the clause at 5352.247-9009, Military Packaging and Marking, in Section D when military specification packaging and marking are required. In addition to this clause, if marking and bar coding are required, use 5352.247-9005, Shipping Container Marking, to identify appropriate requirements.

(96) When the contractor is to develop (design and/or manufacture) a new engineered or specialized container, the requirement must be identified as a separate line item in the purchase request, the solicitation, and the contract. The proposal shall include the proposed container cost broken into design and manufacturing elements. Approval for purchase of new containers shall be determined by AAC/WMGC, 102 West D Avenue, Suite 168, Eglin AFB FL 32542-6807 for munitions containers and AFMC LSO/LOP, 5215 Thurlow Street, Wright-Patterson AFB OH 45433-5540 for nonmunitions containers. The approval shall be provided to the contracting officer for notification to the contractor. Insert the clause at 5352.247-9010, Engineered or Specialized Containers, substantially as written, in Section D. Data items, DI-PACK-80683, Container Design and Retrieval System (CDRS) Search Request, and DI-PACK-80684, Container Design and Retrieval System (CDRS) Data Input, must be identified on the DD Form 1423, Contract Data Requirements List.

(97) Insert the clause at 5352.247-9011, Packaging and Marking of Hazardous Material, substantially as written, in Section D when an acquisition requires 252.223-7001 Hazard Warning Labels and is for the delivery of commercial or military items involving hazardous material.

(98) Insert the clause at 5352.247-9013, Packaging Data, in Section D when the Government will purchase the rights to the packaging design and data.

(b) (90) For shipment of Foreign Military Sales (FMS) material:

(91) These shipments shall include data similar to (b)(i)(A) through (b)(i)(D) of DFARS 247.305-1. The transportation office of the organization providing contract administration services shall convert the data to a transportation control number (TCN) as prescribed by DoD 4500.9-R, the Defense Transportation Regulation (DTR) and a transportation account code (TAC) as prescribed in Part II, Appendix CC-1 of the DTR.

(92) Insert the clause at 5352.247-9015, Temporary Storage of FMS Munitions Items, in Section F for FMS munitions items in all contracts involving munitions and FMS.

5347.305-13 Transit arrangements.

(90) The contracting officer may insert the clause at 5352.247-9019, Fast Transportation, when Performance Based Delivery on Demand Contracts will be used.

PART 5348—VALUE ENGINEERING (RESERVED)

PART 5349—TERMINATION OF CONTRACTS (RESERVED)

PART 5350—EXTRAORDINARY CONTRACTUAL ACTIONS (RESERVED)

PART 5351—USE OF GOVERNMENT SOURCES BY CONTRACTORS (RESERVED)

PART 5352—SOLICITATION PROVISIONS AND CONTRACT CLAUSES

(A-FY03-01, Mar 03, 2003)

(AFMCAC 02-01, Jun 16, 2003)

(AFMCAC 02-09, April 3, 2006)

5352.209-9002 Organizational Conflict of Interest.

As prescribed in 5309.507-2(a), insert the following clause, substantially as written, in Section I:

ORGANIZATIONAL CONFLICT OF INTEREST (AFMC) (AUG 2002)

(a) The following restrictions and definitions apply to prevent conflicting roles which may bias the Contractor's judgment or objectivity, or to preclude the Contractor from obtaining an unfair competitive advantage in concurrent or future acquisitions.

(1) Descriptions or definitions:

"Contractor" means the business entity receiving the award of this contract, its parents, affiliates, divisions and subsidiaries.
"Development" means all efforts towards solution of broadly-defined problems. This may encompass research, evaluating technical feasibility, proof of design and test, or engineering of programs not yet approved for acquisition or operation.
"Proprietary Information" means all information designated as proprietary in accordance with law and regulation, and held in confidence or disclosed under restriction to prevent uncontrolled distribution. Examples include limited or restricted data, trade secrets, sensitive financial information, and computer software; and may appear in cost and pricing data or involve classified information.
"System" means the system that is the subject of this contract.
"System Life" means all phases of the system's development, production, or support.

"Systems Engineering" means preparing specifications, identifying and resolving interface problems, developing test requirements, evaluating test data, and supervising design.
"Technical Direction" means developing work statements, determining parameters, directing other Contractors' operations, or resolving technical controversies.

(2) Restrictions: The Contractor shall perform systems engineering and/or technical direction, but will not have overall contractual responsibility for the system's development, integration, assembly and checkout, or production. The parties recognize that the Contractor shall occupy a highly influential and responsible position in determining the system's basic concepts and supervising their execution by other Contractors. The Contractor's judgment and recommendations must be objective, impartial, and independent. To avoid the prospect of the Contractor's judgment or recommendations being influenced by its own products or capabilities, it is agreed that the Contractor is precluded for the life of the system from award of a DoD contract to supply the system or any of its major components, and from acting as a subcontractor or consultant to a DoD supplier for the system or any of its major components.

(End of clause)

Alternate I (AFMC) (AUG 2002). As prescribed in 5309.507-2(a)(2), either substitute paragraph (a)(2) of the basic clause with one or both of the following paragraphs, or use one or both in addition to the basic paragraph (a)(2). Use these paragraphs substantially as written.

(a)(2)(i) The Contractor shall prepare and submit complete specifications for nondevelopmental items to be used in a competitive acquisition. The Contractor shall not furnish these items to the DoD, either as a prime or subcontractor, for the duration of the initial production contract plus (insert a specific period of time or an expiration date).

(ii) The Contractor shall either prepare or assist in preparing a work statement for use in competitively acquiring the (identify the system or services), or provide material leading directly, predictably, and without delay to such a work statement. The Contractor may not supply (identify the services, the system, or the major components of the system) for a period (state the duration of the constraint, however, the duration of the initial production contract shall be the minimum), as either the prime or subcontractor unless it becomes the sole source, has participated in the design or development work, or more than one Contractor has participated in preparing the work statement.

Alternate II (AFMC) (AUG 2002). As prescribed in 5309.507-2(a)(3), either substitute paragraph (a)(2) of the basic clause with the following paragraph, or add the following in addition to the basic restriction. Renumber the paragraphs as needed if more than one restriction applies. Use this paragraph, substantially as written.

(a)(2) The Contractor shall participate in the technical evaluation of other Contractors' proposals or products. To ensure objectivity, the Contractor is precluded from award of any supply or service contract or subcontract for the system or its major components. This restriction shall be effective for (insert a definite period of time). This does not apply to other technical evaluations concerning the system.

Alternate III (AFMC) (AUG 2002). As prescribed in 5309.507-2(a)(4), add the following paragraph (b) to the basic clause substantially as written:

(b) The Contractor may gain access to proprietary information of other companies during contract performance. The Contractor agrees to enter into company-to-company agreements to (1) protect another company's information from unauthorized use or disclosure for as long as it is considered proprietary by the other company and (2) to refrain from using the information for any purpose other than that for which it was furnished. For information purposes, the Contractor shall furnish copies of these agreements to the Contracting Officer. These agreements are not intended to protect information which is available to the Government or to the Contractor from other sources and furnished voluntarily without restriction.

Alternate IV (AFMC) (AUG 2002). As prescribed in 5309.507-2(a)(5), add the following paragraph (b) to the basic clause. If Alternate III is also used, renumber this to paragraph (c).

(b) The Contractor agrees to accept and to complete all issued task orders, and not to contract with Government prime Contractors or first-tier subcontractors in such a way as to create an organizational conflict of interest.

Alternate V (AFMC) (AUG 2002). As prescribed in 5309.507-2(a)(6), add the following paragraph (b) to the basic clause substantially as written. If more than one Alternate is used, renumber this paragraph accordingly.

(b) The Contractor agrees to accept and to complete issued delivery orders, provided that no new organizational conflicts of interest are created by the acceptance of that order. The Contracting Officer shall identify the organizational conflict of interest in each order. The Contractor shall not contract with Government prime Contractors or first-tier subcontractors in such a way as to create an organizational conflict of interest.

Alternate VI (AFMC) (AUG 2002). As prescribed in 5309.507-2(a)(7), add the following paragraph (b) to the basic clause substantially as written. If either Alternate III or IV or both are used, renumber this paragraph accordingly.

(b) The above restrictions shall be included in all subcontracts, teaming arrangements, and other agreements calling for performance of work which is subject to the organizational conflict of interest restrictions identified in this clause, unless excused in writing by the Contracting Officer.

(End of Clause)

5352.209-9003 Potential Organizational Conflict of Interest.

As prescribed in 5309.507-2(b), insert the following provision, substantially as written in Section L:

POTENTIAL ORGANIZATIONAL CONFLICT OF INTEREST (AFMC) (JUL 1997)

(a) There is potential organizational conflict of interest (see FAR Subpart 9.5, Organizational and Consultant Conflicts of Interest) due to (state the nature of the proposed conflict). Accordingly:

(1) Restrictions are needed to ensure that (state the nature of the proposed restraint and the applicable time period).
(2) As a part of the proposal, the offeror shall provide the Contracting Officer with complete information of previous or ongoing work that is in any way associated with the contemplated acquisition.

(b) If award is made to the offeror, the resulting contract may include an organizational conflict of interest limitation applicable to subsequent Government work, at either a prime contract level, at any subcontract tier, or both. During evaluation of proposals, the Government may, after discussions with the offeror and consideration of ways to avoid the conflict of interest, insert a special provision in the resulting contract which shall disqualify the offeror from further consideration for award of future contracts.
(c) The organizational conflict of interest clause included in this solicitation may be modified or deleted during negotiations.

(End of provision)

Alternate I (AFMC) (JUL 1997) At the discretion of the Contracting Officer, substitute the following paragraph (b) for paragraphs (b) and (c) in the basic provision:

(b) The organizational conflict of interest clause in this solicitation may not be modified or deleted.

5352.215-9004 Evaluation of Proposals Submitted When Qualification Requirements Do Not Exist.

As prescribed in 5315.209-90(a), insert the following provision, substantially as written, in Section L:

EVALUATION OF PROPOSALS SUBMITTED WHEN QUALIFICATION REQUIREMENTS DO NOT EXIST (AFMC) (JUL 1997)

(a) Either a complete and adequate data package is not available to be provided as a part of this solicitation, or special materials, facilities, tooling, or test equipment which may be required for performance are not available from the Government. Offers from firms not previously identified as sources for this requirement will only be considered when it can be determined prior to award that the item or services being offered will meet the Government's requirements.

(b) Offers from firms other than those previously identified and listed below must submit with their proposal the following (as applicable):

(1) Proof that you have previously provided, or are currently providing, the same or similar item to DoD or to an OEM. This can be a list of present or past Government contract numbers, with award dates, and Material Inspection and Receiving Report (DD Form 250).

(2) A complete set of drawings.

(3) Brochures describing your company's capabilities, with a facilities list showing plant equipment, machinery, special tooling, fixtures, etc.

(4) Identification of your subvendors and processes they will perform.

(c) The following previously identified source(s) need not comply with paragraph (b) above:

NAME OF KNOWN SOURCE(s) CAGE CODE

________________________________________ __________

________________________________________ __________

________________________________________ __________

________________________________________ __________

(End of provision)

Alternate I (AFMC) (JUL 1997). As prescribed in 5315.209-90(a), substitute paragraph (b) below

for paragraph (b) of the basic provision when soliciting repair and overhaul services.

(b) Offers from firms other than those previously identified and listed below must submit with their proposal the following (as applicable):

(1) Evidence of capability (i.e., brochures, company experience, technical information, FAA certification, purchase information, purchase orders or contracts).

(2) Facilities description.

(3) Support and test equipment availability.

(4) Kits and piece parts availability.

(5) Description of your Quality Program.

5352.215-9005 Incorporation of Contractor's Technical Proposal.

As prescribed in 5315.209-90(b), insert the following clause in Section I:

INCORPORATION OF CONTRACTOR'S TECHNICAL PROPOSAL (AFMC) (AUG 1998)

(a) The following documents are incorporated herein by reference and made a part of this contract: Paragraph Nos. (insert paragraph number) through (insert paragraph number) of Contractor's Technical Proposal (or appropriate document(s) name) Version No. (insert appropriate version number), dated (insert date), entitled (insert title).

(b) Nothing contained in the Contractor's technical proposal shall constitute a waiver to any other requirement of this contract. In the event of any conflict between the Contractor's technical proposal and any other requirement of the contract, the conflict shall be resolved in accordance with the Order of Precedence clause. For purposes of the Order of Precedence clause the document(s) listed above shall rank (insert rank order).

(c) The detailed technical content of the Contractor's proposal was an important factor in the selection of the Contractor for award of this contract. The documents listed above are now contractually binding. The Contractor shall not change or otherwise deviate from the content of these documents without prior written approval from the Contracting Officer.

(d) If it is necessary to change the performance, design, configuration, or other items specified in the technical proposal in order to comply with the requirements of the contract clauses, special contract requirements, or statement of work, the contract shall be modified appropriately.

(e) The Contractor agrees that the documents listed above reflects the results/responses to all exchanges and/or Evaluation Notices (ENs) issued during the negotiation process. If, after contract award, it is discovered that changes made during negotiations were not incorporated in the SOW and/or technical proposal, such changes to the Contractor's documents shall be considered administrative in nature and shall be made by unilateral modification to the contract, at no change in contract cost or price or other terms and conditions.

(End of clause)

5352.215-9006 Intent to Incorporate Contractor's Technical Proposal.

As prescribed in 5315.209-90(c), insert the following provision in Section L:

INTENT TO INCORPORATE CONTRACTOR'S TECHNICAL PROPOSAL (AFMC) (AUG 1998)

(a) All or part of the successful offeror's technical proposal may be incorporated in any contract resulting from this solicitation. The successful offeror's technical proposal may be incorporated by reference. Nothing contained in the successful offeror's technical proposal shall constitute a waiver to any other requirement of the contract. In the event of any conflict between the successful offeror's technical proposal and any other requirement of the contract, the conflict shall be resolved in accordance with the Order of Precedence clause.

(b) The successful offeror will provide an updated technical proposal which reflects the results/responses to all exchanges and/or Evaluation Notices (ENs) issued during the negotiation process for incorporation in the contract. If, after contract award, it is discovered that changes made during negotiations were not incorporated in the SOW and/or technical proposal, such changes to the Contractor's documents shall be considered administrative in nature and shall be made by unilateral modification to the contract, at no change in contract cost or price or other terms and conditions.

(End of provision)

5352.215-9007 Use of Non-Government Advisors.

As prescribed in 5315.209-90(d), insert the following provision in Section K:

USE OF NON-GOVERNMENT ADVISORS (AFMC) (NOV 1998)

(a) Offerors are advised that technical and cost/price data submitted to the Government in response to this solicitation may be released to non- Government advisors for review and analysis. The non-Government advisor support will be provided by:

Name(s) of firm(s)

(To be completed by Government as part of solicitation.)

(b) Offerors shall complete paragraph (b)(2) or provide written objection to disclosure as indicated in paragraph (b)(1). If the offeror objects to disclosure of a portion of the proposal, the consent in (b)(2) should be provided for the remainder of the proposal.

(1) Any objection to disclosure:

(i) Shall be provided in writing to the contracting officer within 10 days of RFP issuance; and

(ii) Shall include a detailed statement of the basis for the objection. The detailed statement shall identify the specific portions of the proposal the offeror objects to disclosure to non-Government advisors. (2) I understand technical and cost/price data submitted to the Government in response to this solicitation may be released to non-Government advisors. I consent to release of any (unless objection is provided in (b)(1) above) proprietary, confidential, or privileged commercial or financial data provided by the firm(s) named below in response to this solicitation, to non-Government advisors for review and analysis:

Firm:

Name (individual authorized to commit firm):

Title:

Date of Execution:

(End of provision)

5352.215-9008 Enabling Clause Between Prime Contractors and Service Contractors.

As prescribed in 5315.209-90(e), insert the following clause, substantially as written, in Section I:

ENABLING CLAUSE BETWEEN PRIME CONTRACTORS AND SERVICE CONTRACTORS (AFMC) (JUL 1997)

(a) The Air Force has entered into contracts with (insert the service Contractor(s) name(s)) for services to provide (insert major support areas, such as technical, evaluation, and acquisition management support).

(b) Service tasks involve the application of a broad range of education, skills, knowledge, and experience in many disciplines in support of weapon system acquisition tasks. Tasks involve (insert applicable task detail).

(c) In the performance of this contract, the Contractor agrees to cooperate with (insert the service Contractor's name) by: (insert areas for cooperation) (examples: responding to invitations from authorized personnel to attend meetings; providing access to technical information and research, development and planning data, test data and results, schedule and milestone data, financial data including the Contractor's cost/schedule management system/records and accounting system, all in original form or reproduced; discussing technical matters related to the program; providing access to Contractor facilities utilized in the performance of this contract; and allowing observation of technical activities by appropriate support Contractor technical personnel).

(d) The Contractor further agrees to include in each subcontract over $1 million or 10 percent of prime contract value, whichever is less, a clause requiring compliance by a subcontractor and succeeding levels of subcontractors with the response and access provisions of paragraph (c) above, subject to coordination with the Contractor. This agreement does not relieve the Contractor of responsibility to manage subcontracts effectively and efficiently, nor is it intended to establish privity of contracts between the Government or the service Contractor(s) and such subcontractors.

(e) Service Contractor personnel are not authorized to direct a Contractor in any manner.

(f) Service contracts contain an organizational conflict of interest clause that requires the service Contractors to protect the data and prohibits the service Contractors from using the data for any purpose other than that for which the data was presented.

(g) Neither the Contractor nor their subcontractors shall be required in the satisfaction of the requirements of this clause to perform any effort or supply any documentation not otherwise required by their contract or subcontract.

(End of clause)

5352.215-9017 NOTICE TO PROSPECTIVE SUPPLIERS

As prescribed in 5315.209-90(f), insert the clause in Section L. for all competitive spares solicitations less than $5 million.

NOTICE TO PROSPECTIVE SUPPLIERS (AFMC) (JUN 2003)

(a) This procurement will use the Red-Yellow-Green (RYG) Program in the evaluation of past performance. The Government reserves the right to award to the supplier whose quote represents the best value to the Government. As such, the basis for award will include an evaluation of each supplier's past performance history for the Federal Supply Class of the supplies being purchased.

(b) The RYG system tracks and classifies supplier quality and delivery performance on previously awarded contracts and orders. Suppliers are advised that if originally established dates are not met (through no fault of the Government), RYG reports these deliveries as late, even if the delivery schedule is changed by contract modification. Delivery schedules that are modified for reasons not attributable to supplier performance problems are reported and evaluated in the same manner as originally established contract delivery dates.

(c) The procedures described in the Section M provision entitled, "Additional Evaluation Factor for Consideration of Past Performance – Red-Yellow-Green Program", will be used to assist in determining the best value for the Government.

(End of Provision)

5352.215-9018 ADDITIONAL EVALUATION FACTOR FOR CONSIDERATION OF PAST PERFORMANCE- RED-YELLOW-GREEN PROGRAM (Equal to or Less Than $100K)

As prescribed in 5315.209-90(g), insert the provision in Section M for competitive spares solicitations for acquisitions equal to or less than $100K subject to the Red-Yellow-Green (RYG) Program. If any factor other than price and adjusted price based on the RYG program ratings are to be used, those factors must be stated in Section M.

ADDITIONAL EVALUATION FACTOR FOR CONSIDERATION OF PAST PERFORMANCE- RED-YELLOW-GREEN PROGRAM (Equal to or Less than $100K) (AFMC) (AUG 2002)

(a) This procurement will use the Red-Yellow-Green (RYG) Program for the evaluation of past performance. The purpose of RYG is to assist contracting personnel during source selection to determine the best value for the Government. The program uses accumulated supplier past performance data to classify each supplier's performance by Federal Supply Class(s) as either red (high risk), yellow (moderate risk), green (low risk), or neutral (no risk established). The Contracting Officer may also consider like/similar FSCs for ratings for their specific acquisition, if appropriate.

(b) To assist in source selection, a monetary assessment in the form of a Technical Evaluation Adjustment (TEA) is added to each supplier's quote having a red or yellow classification for the FSC involved. The dollar amount of the red or yellow TEA assessment is based on the cost to the Government of effecting additional actions required to assure performance by a supplier with an unsatisfactory performance history for the FSCs involved. No TEA is assessed for a supplier having either a green or a neutral FSC RYG classification. For purposes of the RYG program, a neutral classification is assigned to suppliers who are first time quoters to the Government for the FSC(s) involved, suppliers otherwise having no past performance data in the RYG database for the FSC(s) involved, and suppliers whose past performance data in the RYG database for the FSC(s) involved are over three years old. After consideration of any other pertinent, price-related factors (e.g., transportation charges, first article testing, discount terms), the adjusted price becomes the basis for determining award. A supplier's FSC RYG classification may change over time as new or revised performance data becomes available.

(c) RYG classifications are summarized as follows:

(1) Green is low risk. No performance assurance actions are considered necessary. No TEA will be assessed. If the TEA ratings for an offeror with a Green rating are identical to those of an offeror with a neutral rating, the CO may consider award to the offeror with the Green rating.

(2) Yellow is moderate risk. Additional performance assuring actions are considered necessary. A TEA will be applied to the prospective supplier's price to reflect the Government's estimated additional costs.

(3) Red is high risk. Significant additional performance assurance requirements are considered necessary. A TEA will be applied to the prospective supplier's price to reflect the Government's estimated additional costs.

(4) Neutral is "unknown risk". No TEA is assessed; nevertheless, additional performance assurance requirements may be considered necessary to assure quality and on-time delivery.

(End of Provision)

5352.215-9019 ADDITIONAL EVALUATION FACTOR FOR CONSIDERATION OF PAST PERFORMANCE - RED-YELLOW-GREEN PROGRAM (Over $100K)

As prescribed in 5315.209-90(h), insert the provision in Section M for competitive spares solicitations for acquisitions above $100K subject to the Red-Yellow-Green (RYG) Program. If any factor other than price and adjusted price based on the RYG program ratings are to be used, those factors must be stated in Section M.

ADDITIONAL EVALUATION FACTOR FOR CONSIDERATION OF PAST PERFORMANCE - RED-YELLOW-GREEN PROGRAM (Over $100K) (AFMC) (AUG 2002)

(a) This procurement will consider the RYG Program ratings on FSCs in the evaluation of past performance. The Contracting Officer may also consider like/similar FSCs for ratings for their specific acquisition, if appropriate. Other sources of past and present performance information may also be used by the government in its evaluation.

(b) For purposes of the RYG program, a neutral classification is assigned to suppliers who are first time quoters to the Government for the FSC(s) involved, suppliers otherwise having no past performance data in the RYG database for the FSC(s) involved, and suppliers whose past performance data in the RYG database for the FSC(s) involved are over three years old.

(c) Cost impact of factors associated with late delivery or poor quality (e.g., transportation charges, first article testing, discount terms), may be considered as part of any best value analysis. A supplier's FSC RYG classification may change over time as new or revised performance data becomes available.

(d) RYG classifications are summarized as follows:

(1) Green is low risk. No performance assurance actions are considered necessary.

(2) Yellow is moderate risk. Additional performance assuring actions are considered necessary.

(3) Red is high risk. Significant additional performance assurance requirements are considered necessary.

(4) Neutral is no risk established.

(End of Provision)

5352.217-9006 Award of Mission Essential Quantity As prescribed in 5317.7590-1, insert the following provision, substantially as written, in Section M when use of the Insurance Policy is desired:

AWARD OF MISSION ESSENTIAL QUANTITY (AFMC) (AUG 1998)

(a) The Government has determined that a break in the supply of this item (that is, failure to deliver due to timeliness and/or conformance) would jeopardize support to operational units’ mission capability. Additionally, the item is of such complexity and/or so critical that first article testing measures are required for all unproven sources to ensure that the unproven source is capable of producing a conforming part. Therefore, the Government reserves the right to award the Mission Essential Quantity (MEQ) and, if necessary, the remaining balance of the requirement, to a proven source. In such event, the proven source must be a responsive, responsible offeror and also be the lowest in price of all proven offerors, price and price related factors considered. Therefore, two contract line items are provided to correspond with each of the two alternatives.

(b) The Government shall first determine the apparent successful offeror for the complete quantity under Alternative 1. If offers are received from both proven and unproven sources and it is determined that an unproven source is the apparent low offeror (and is also responsive and responsible), then the prices under Alternative 2 shall be evaluated. Once a decision has been made to progress to Alternative 2, offers under Alternative 1 shall no longer be considered (e.g. the Contracting Officer shall not compare the proven source’s offer under Alternative 1 and the unproven source’s offer under Alternative 2). If only unproven sources submit offers, Alternative 1 will be used to determine the low offeror and award will be made for that quantity.

(c) A proven source is an offeror who has previously satisfactorily provided the identical item to the Government or who proposes to provide an item manufactured by the prime manufacturer or the prime manufacturer’s vendor (when there is no value added by the prime manufacturer).

(d) An unproven source is an offeror who has not previously satisfactorily provided the identical item to the Government and who proposes to provide an item manufactured by other than the prime manufacturer or the prime manufacturer’s vendor (when there is no value added by the prime manufacturer).

(e) Competitive negotiated acquisition procedures may be used to determine low offeror status if,

(1) a proven source is not the low offeror, based on either initial proposals or on the final proposal revision if discussions are conducted, and

(2) if the proven source’s price is not determined to be based on adequate price competition pursuant to FAR 15.403-1, Prohibition on obtaining cost or pricing data.

The contracting officer may proceed with an award to the low unproven source and may request cost or pricing data from the proven source. When received and evaluated, negotiations shall follow as necessary to determine fair and reasonable prices. Under these circumstances, any contract with the proven source would contain the clause at FAR 52.215-10, Price Reduction For Defective Cost or Pricing Data.

(f) The Government is under no obligation to exercise any options provided for under these procedures. Acceptable delivery of the basic award quantity by an unproven source shall not bind the Government to exercise all or part of the option quantities, or to exercise options in any contract with the unproven source in lieu of options in any separate award to a proven source. In addition, the Government reserves the right to reject, as nonresponsive, any offer in which the prices proposed in either Alternative 1 or 2 are determined, by the Contracting Officer, to be materially unbalanced.

(End of Provision)

5352.217-9007 Interchangeable Part Number(s)/National Stock Number(s) (Applicable to CLIN/SubCLIN(s)________)

As prescribed in 5317.7591(a), insert the following provision in Section K:

INTERCHANGEABLE PART NUMBER(S)/NATIONAL STOCK NUMBER(S) (APPLICABLE TO CLIN/SUBCLIN(S)________) (AFMC) (JUL 1997)

Offerors shall indicate below the part number and National Stock Number being offered. If this is a negotiated acquisition, failure to so indicate may result in the offer being considered unacceptable. If this acquisition uses sealed bidding procedures, failure to so indicate shall result in the offer being considered nonresponsive.

__________________

_______________

_________________________

(Manufacturer)

(Part Number)

(National Stock Number)

(End of Provision)

5352.217-9008 Assignment of National Stock Numbers (Applicable to CLIN/SubCLIN(s)_________)

As prescribed in 5317.7591(b), the Contracting Officer shall insert the following clause in Section D:

ASSIGNMENT OF NATIONAL STOCK NUMBERS (APPLICABLE TO CLIN/SUBCLIN(S)________) (AFMC) (AUG 1998)

Unless waived in writing by the Contracting Officer, the assignment of a National Stock Number (NSN) is a prerequisite to shipment of property destined for stock under this contract. If the Contractor has not received applicable NSNs for the shipping date, the Contractor shall notify (insert responsible Government office symbol, location and phone number) and request the NSNs.

(End of Clause)

5352.217-9009 Provisioning Procedures

As prescribed in 5317.7602-1(90), insert the following clause, substantially as written, in Section I:

PROVISIONING PROCEDURES (AFMC) (AUG 2002)

(a) Provisioning functions to be performed:

(1) Procuring Contracting Officer (PCO) and Administrative Contracting Officer (ACO) responsibilities. The PCO is the only individual authorized to provide redirection of effort, modify or amend any of the terms or conditions of this contract except as stated below. The Provisioning PCO (PPCO) is the only individual authorized to issue Provisioned Item Orders (PIO) under the terms of this contract. The ACO is the individual authorized to negotiate and issue definitive priced documents under this contract.

(2) The activity designated to issue PIOs is the PPCO at (insert complete address/location). PIOs shall be issued on Standard Form 30, Amendment of Solicitation/Modification of Contract, and shall state the quantities of the specific items being ordered identified by Exhibit Line Item Number (ELIN) and required delivery schedule.

(i) For initial spares, the PIO shall obligate sufficient funds to cover the estimated price of the items ordered. The Contractor shall proceed as directed to the extent that the cost incurred in compliance with such order(s) shall not exceed the amount set forth in such orders as the maximum obligation of the Government pending establishment of prices for such items. Standard Form 30 shall be used to effect increases and decreases in quantities of unpriced items including cancellations. Increases and decreases in priced items shall be effected by use of a supplemental agreement issued by the ACO and duly executed by both parties.

(ii) For other than initial spares, the PIO shall obligate funds pursuant to the limitations of DFARS 217.7404-4, Limitation on obligations, based on the not-to-exceed price of the items ordered. The Contractor shall proceed as directed to the extent that the cost incurred in compliance with such order(s) shall not exceed the amount set forth in such orders as the maximum obligation of the Government pending establishment of prices for such items. Standard Form 30 shall be used to effect increases and decreases in quantities of unpriced items including cancellations. Decreases in priced items shall be effected by use of a supplemental agreement issued by the ACO and duly executed by both parties.

(b) Inclusion of a provisioning requirement package:

(1) Initial Provisioning Performance Specification (IPPS), with attachments, if listed in Section J of the contract, is incorporated herein and made a part hereof.

(2) AFMC Form 718 (available at https://www.afmc-mil.wpafb.af.mil/pdl/ ), "Provisioning Performance Schedule," if listed in Section J of the contract, is incorporated herein and made a part hereof.

(3) If any of the above documents are not listed in Section J of the contract, the contracting activity shall incorporate those documents by modification within (insert number of days) days after issuance of the contract. Revisions to the above documents shall also be incorporated into the contract by modification upon request by the Prime Provisioning Activity.

(c) Provisioning technical documentation:

(1) The schedule for delivery of provisioning technical documentation is included on the DD Form 1423, Contract Data Requirements List. If a schedule is not provided, it shall be incorporated by modification when available.

(2) Appropriate provisioning technical documentation requirements shall flowdown when a subcontractor prepares the documentation.

(d) Interim release:

(1) The estimated dollar amount, if any, cited in Section B at the end of the provisioning item description is a planning figure and is intended to establish a limitation solely for the interim release provisions of the applicable provisioning document. Decreases in the planning figure for interim release will be by unilateral contractual modification. Subsequent changes effecting an increase of the dollar limitation will be determined by the estimated dollar amount on PIOs.

(2) Contractor interim release of long lead items shall be authorized only by written order from the PPCO. If authorized, the Contractor shall submit appropriate provisioning technical documentation and estimated unit cost(s) within thirty (30) days of the release.

(e) Definitization schedule:

(1) Within sixty (60) calendar days of receipt of a PIO, the Contractor shall submit a firm-fixed-price proposal to the PCO/PPCO (as applicable), through the ACO, containing suitable cost or pricing data as defined within FAR Subpart 15.4, Contract Pricing. Pursuant to FAR 42.3, Contract Administration Office Functions, the ACO shall negotiate firm prices and execute a supplemental agreement to definitize PIOs and deobligate excess funds.

(2) Overage proposals/reduction or suspension of progress payments. Submission by the Contractor of adequate cost proposals, within sixty (60) calendar days from the date of issuance of the PIO, is deemed to be a "material requirement" of the contract within the meaning of the Progress Payment clause of this contract. If the Contractor fails to provide a complete definitive proposal adequate for negotiation within the time stipulated above, the Government may reduce or suspend progress payments pursuant to FAR 52.232-16, Progress Payments, paragraph (c)(1), by following the procedures set forth in FAR 32.503-6, Suspension or reduction of payments.

(3) In the event the Contractor is unable to meet the schedule contained in a PIO prior to definitization, the ACO shall coordinate the delivery schedule adjustment with the PPCO prior to execution of the supplemental agreement definitizing the PIO.

(f) Distribute one complete copy of the PIOs and the resultant definitive modifications to each of the following addressees:

(1) (insert complete PCO mailing address)
(2) (insert complete program manager mailing address)
(3) (insert complete integrated logistics support manager) mailing address)
(4) (insert complete Prime Provisioning Activity (PPA) mailing address)

(End of Clause)

5352.227-9000 Export-Controlled Data Restrictions.

As prescribed in 5327.9002(a), insert the following clause, substantially as written, in Section I:

EXPORT-CONTROLLED DATA RESTRICTIONS (AFMC) (JUL 1997)

(a) For the purpose of this clause,

(1) Foreign person is any person who is not a citizen or national of the U.S. or lawfully admitted to the U.S. for permanent residence under the Immigration and Nationality Act, and includes foreign corporations, international organizations, and foreign governments;
(2) Foreign representative is anyone, regardless of nationality or citizenship, acting as an agent, representative, official, or employee of a foreign government, a foreign-owned or influenced firm, corporation or person;
(3) Foreign sources are those sources (vendors, subcontractors, and suppliers) owned and controlled by a foreign person; and

(b) The Contractor shall place a clause in subcontracts containing appropriate export control restrictions, set forth in this clause.
(c) Nothing in this clause waives any requirement imposed by any other U.S. Government agency with respect to employment of foreign nationals or export controlled data and information.
(d) Equipment and technical data generated or delivered under this contract are controlled by the International Traffic in Arms Regulation (ITAR), 22 CFR Sections 121 through 128. An export license is required before assigning any foreign source to perform work under this contract or before granting access to foreign persons to any equipment and technical data generated or delivered during performance (see 22 CFR Section 125). The Contractor shall notify the Contracting Officer and obtain written approval of the Contracting Officer prior to assigning or granting access to any work, equipment, or technical data generated or delivered under this contract to foreign persons or their representatives. The notification shall include the name and country of origin of the foreign person or representative, the specific work, equipment, or data to which the person will have access, and whether the foreign person is cleared to have access to technical data (DoD 5220.22-M, National Industrial Security Program Operating Manual (NISPOM)).

(End of clause)

Alternate I (AFMC) (JUL 1997). As prescribed in 5327.9002(a) add the following paragraph:

(e) If the Contractor has not complied with the ITAR, as applicable:

(1) and is a foreign company located in its own country, no subcontract(s) shall be awarded outside that foreign country and only citizens of its country or the U.S. shall be employed to work under this contract,
(2) and is a foreign-owned, controlled, or influenced company located in the U.S., no subcontract(s) shall be awarded outside the U.S. and only U.S. citizens shall be employed to work under this contract.

5352.227-9001 Qualification of Offeror Under Export-Controlled Restricted Solicitation.
As prescribed in 5327.9002(b), insert the following provision in Section L:

QUALIFICATION OF OFFEROR UNDER EXPORT CONTROLLED RESTRICTED SOLICITATION (AFMC) (JUL 1997)

(a) This acquisition involves technology that has a military or space application. Only U.S. Contractors who are registered and certified with the Defense Logistics Services Center (DLSC), Federal Center, Battle Creek MI 49017-3084 (1-800-352-3572) and have a legitimate business purpose may participate in this solicitation. If you are registered and certified with DLSC, you must submit a copy of the approved DD Form 2345, Military Critical Technical Data Agreement, with your request for the solicitation. The solicitation package will be mailed to the data custodian identified in Block 3 of the DD Form 2345.
(b) Nothing in this notice contradicts other restrictions, identified in the synopsis notice or solicitation, regarding eligible sources.

(End of provision)

5352.227-9002 Visit Requests by Foreign-Owned or Controlled Firms.

As prescribed in 5327.9002(c), insert the following clause in Section I:

VISIT REQUESTS BY FOREIGN OWNED OR CONTROLLED FIRMS (AFMC) (JUL 1997)

(a) Prime Contractors which are foreign-owned or controlled and require access to a U.S. Government installation shall submit visit requests through their foreign embassy in Washington, D.C. at least 30 days prior to the proposed visit date.
(b) Subcontractors which are foreign-owned or controlled and require access to a U.S. Government installation shall have their prime Contractor submit a visit request to the security police office of the base being visited at least two weeks before the scheduled meeting.
(c) Canadian Contractors and Canadian government employees may directly arrange visits by having their security office submit a visit request to the security policy office of the base being visited at least two weeks before the scheduled meeting.

(End of clause)

5352.235-9001 Key Positions and Minimum Qualifications

As prescribed in 5335.007-90, insert the following clause, substantially as written, in Section I:

KEY POSITIONS AND MINIMUM QUALIFICATIONS (AFMC) (JUL 1997)

(a) Contractor personnel holding the position titles and having the qualifications listed below are considered essential to the work being performed under this contract:

Key Positions:

 

Minimum Qualifications:

 

(list by job title)

 

(list minimum qualifications in terms of education and/or experience)

________________

 

___________________________________

 
     
     

(b) The Contractor shall notify the Contracting Officer before the departure of any individual in a key position and identify the proposed substitution. Any proposed personnel substitution that does not meet the minimum qualification requirements described above requires the prior written approval of the Contracting Officer.

(End of Clause)

5352.245-9001 Government-Furnished Property/Contractor Requisitioning.

As prescribed in 5345.106(90), insert the following clause, substantially as written, in Section I:

GOVERNMENT-FURNISHED PROPERTY/CONTRACTOR REQUISITIONING (AFMC) (JUL

1997)

Pursuant to the Government Property clause herein, the Government shall furnish the item(s) of material or property listed below as Government-Furnished Property (GFP) to the Contractor for use in performance of this contract. Requisitioning documentation for the GFP will be prepared by the Contractor. The Contractor shall submit written requisitions, in accordance with DoD 4000.25-1-M, Military Standard Requisitioning and Issue Procedures (MILSTRIP).

ITEM NR NSN NOUN PART NO QTY

(End of clause)

5352.245-9002 Maintenance of Government-Furnished Property.

As prescribed in 5345.106(91), insert the following clause, substantially as written, in Section I:

MAINTENANCE OF GOVERNMENT-FURNISHED PROPERTY (AFMC) (JUL 1997)

(a) The Contractor shall maintain the following items of GFP while in its possession and is authorized to use the MILSTRIP system to requisition parts from DoD supply sources in accordance with DoD 4000.25-1-M, Military Standard Requisitioning and Issue Procedures (MILSTRIP), in order to provide such maintenance:

(List)

(b) The Contractor's authorization to use the MILSTRIP system shall terminate on (insert date). The Contractor shall requisition only those items which have been identified in the contract by the National Stock Number level that’s necessary for performance of this contract. When the contractor has excess items these item shall be placed in the Plant Clearance Automated Reutilization Screening System (PCARSS) to obtain disposition instructions. If the excess items are required by the owning agencies a requisition will be processed to claim the item These items shall be returned using normal MILSTRIP return procedures unless other instructions are provided by the Government.

(c) The Contractor shall enter (insert code) as the project code in record positions 57-59 on DD Form 1348, DoD Single Line Item Requisition System Document, for all MILSTRIP requisitions submitted in support of this contract. In addition, the following fields shall be completed as follows: in record positions 30-35, enter the assigned Contractor DODAAC in record positions 45-50 of the DD Form 1348 as follows, enter a "Y" in record position 45, the last digit of the contract year in record position 46 and the last four characters of the contract number in record positions 47-50 (if this field is already filled, use record positions 71-76 or, alternately, the "REMARKS" section of the DD Form 1348); enter (insert code) as the advice code in record positions 65-66; (insert code) as the signal code in record position 51; and (insert code) as the fund code in record positions 52-53. The Contractor shall use Requisition Priority Designators as assigned by the Contract Management Office (CMO) for each MILSTRIP requisition submitted.

(d) The Contractor shall submit all MILSTRIP requisitions to the CMO representative at the Contractor's plant. The CMO will approve or reject the Contractor's MILSTRIP requisition.

(e) The Contractor may flow-down authorizations to use the MILSTRIP system to subcontractors(s) but only after prior written approval of the Contracting Officer, where upon the same requirements and restrictions contained in this contract will apply to the subcontractor(s).

(f) Additional guidance may be found in AFMAN 23-110, Volume I, Part 1.

(g) Rejected or unavailable requisitioned items shall be added to Contractor-furnished items, in which event the Contractor shall promptly notify the Contracting Officer and the contract price, as appropriate, shall be subject to equitable adjustment.

(End of clause)

5352.245-9004 BASE SUPPORT.

As prescribed in 5345.106-90(a), insert the following clause, substantially as written, in Section I:

BASE SUPPORT (AFMC) (JUL 1997)

Base support shall be provided by the Government to the Contractor in accordance with this clause. Failure by the Contractor to comply with the requirements of this clause shall release the Government, without prejudice, from its obligation to provide base support by the date(s) required. If warranted, and if the Contractor has complied with the requirements of this clause, an equitable adjustment shall be made if the Government fails to provide base support by the date(s) required.

(a) Base support includes Government-controlled working space, material, equipment, services (including automatic data processing), or other support (excluding use of the Defense Switched Network (DSN)) which the Government determines can be made available at, or through, any Air Force installation where this contract shall be performed. All Government property in the possession of the Contractor, provided through the base support clause, shall be used and managed in accordance with the Government Property clauses.

(b) The Air Force installations providing the support shall be listed in subparagraph (e), and the Government support to be furnished by each installation under this contract shall be listed in subparagraph (f)

(c) Unless otherwise stipulated in the contract schedule, support shall be provided on a

no-charge-for-use basis and the value shall be a part of the Government's contract consideration.

(d) The Contractor agrees to immediately report (with a copy to the cognizant CAO) inadequacies, defective Government-Furnished Property (GFP), or nonavailability of support stipulated by the contract schedule, together with a recommended plan for obtaining the required support. The Government agrees to determine (within 10 workdays) the validity and extent of the involved requirement and the method by which it shall be fulfilled (e.g., purchase, rental, lease, GFP, etc.). Facilities shall not be purchased under this clause. Additionally, the Contractor (or authorized representative) shall not purchase, or otherwise furnish any base support requirement provided by the clause (or authorize others to do so), without prior written approval of the Contracting Officer regarding the price, terms, and conditions of the proposed purchase, or approval of other arrangements.

(e) Following are installations where base support will be provided (insert list of installations).

(f) The Government support to be furnished under this contract is (insert list of support items). Because of the nature and location(s) of the work performed, the value of such equipment is undeterminable. The Contractor shall not incur any cost resulting from nonsupport prior to Contracting Officer concurrence in accordance with this clause.

(End of clause)

Alternate I (AFMC) (JUL 1997). As prescribed in 5345.106-90(b), add the following paragraph (g) to the basic clause:

(g) When this contract is a cost, cost-reimbursement, time-and-materials, or labor hour contract, the Contractor agrees that in the performance of this contract or any major subcontract no direct or indirect costs for property will be incurred if the Government determines that property is available at, or through any Air Force installation where this contract shall be performed. Only the prior written approval of the Contracting Officer can relieve the Contractor from this restriction.

Alternate II (AFMC) (JUL 1997). As prescribed in 5345.106-90(c), substitute the following paragraph (f) for paragraph (f) of the basic clause:

(f) The Contractor agrees to request written authorization from the Contracting Officer for support not later than 90 days before the required in-place dates at each Air Force installation, and immediately for any required changes. The Contracting Officer shall issue timely written authorization in response to a Contractor's request. Concurrently send support authorization to the Administrative Contracting Officer or to the contract administration office if redelegated to the Air Force installation where the support is provided.

5352.245-9009 Government-Furnished Tooling.

GOVERNMENT-FURNISHED TOOLING (AFMC) (JUL 1997)

CLIN TOOL ID TOOL CODE MPN QTY MASTER (Y/N)

(End of clause)

5352.245-9010 Special Test Equipment.

SPECIAL TEST EQUIPMENT (AFMC) (JUL 1997)

(End of clause)

5352.247-9003 F.o.b. Point for U.S. Shipments Originating Outside the Continental U.S.

F.O.B. POINT FOR U.S. SHIPMENTS ORIGINATING OUTSIDE THE CONTINENTAL U.S. (AFMC) (JUL 1997)

(End of clause)

5352.247-9004 F.o.b. Point for FMS Shipments Originating Outside the U.S.

F.O.B. POINT FOR FMS SHIPMENTS ORIGINATING OUTSIDE THE U.S. (AFMC) (JUL 1997)

F.o.b Point Contractor

Contract Line Item(s) (City and State) Transportation Cost

_________________ ________________ _____________________

_________________ ________________ _____________________

_________________ ________________ _____________________

(End of clause)

5352.247-9005 Shipping Container Marking.

(A-FY03-01, Mar 03, 2003)

SHIPPING CONTAINER MARKING (AFMC) (MAR 2003)

All shipping containers shall be marked meeting the following criteria:

(b) Bar code format shall conform to bar code symbology Format 3 of 9, Code 39 as specified in MIL-STD-129 (contracting officer fills in current edition),.

(End of clause)

5352.247-9006 Marking of Warranted Items.

MARKING OF WARRANTED ITEMS (AFMC) (JUL 1997)

(End of clause)

5352.247-9007 Specification Commercial Packaging.

SPECIFICATION COMMERCIAL PACKAGING (AFMC) (JAN 2000)

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


(End of clause)

5352.247-9008 Contractor Commercial Packaging.

CONTRACTOR COMMERCIAL PACKAGING (AFMC) (SEP 1998)

(End of clause)

5352.247-9009 Military Packaging and Marking.

MILITARY PACKAGING AND MARKING (AFMC) (AUG 2002)

(End of clause)

5352.247-9010 Engineered or Specialized Containers.

ENGINEERED OR SPECIALIZED CONTAINERS (AFMC) (AUG 2002)

(End of clause)

5352.247-9011 Packaging and Marking of Hazardous Material.

PACKAGING AND MARKING OF HAZARDOUS MATERIAL (AFMC) (SEP 1998)

(End of clause)

5352.247-9013 Packaging Data.

PACKAGING DATA (AFMC) (AUG 2002)

(End of clause)

5352.247-9015 Temporary Storage of FMS Munitions Items.

TEMPORARY STORAGE OF FMS MUNITIONS ITEMS (AFMC) (JUL 1997)

(End of clause)


5352.247-9018 Direct/On-Demand Shipment of Serviceable Items
As prescribed in 5347.303-5(90), insert the following clause in Section F.

DIRECT/ON-DEMAND SHIPMENT OF SERVICEABLE ITEMS (AFMC) (APR 2001)

Completed serviceable items shall be direct shipped from the contractor’s facility to designated user destinations identified by the Materiel Release Order (MRO) received in G009 (Government Furnished Materiel and End Item Transaction Reporting System) through D035A (Materiel Manager Wholesale Requisition Process). Although the MRO is the primary source for disposition instructions for shipment, they may also be provided by the government via facsimile or other electronic means.

(End of clause)

5352.247-9019 Fast Transportation

As prescribed in 5347.305-13(90), insert the following clause in Section F.

FAST TRANSPORTATION (AFMC) (APR 2001)

(a) Domestic shipments - use door-to-door carriers for all shipments regardless of weight.

(b) Export shipments - use worldwide Express for all shipments of 150 pounds or less. Only carriers providing door-to-door and customs clearance services shall be used for shipments over 150 pounds. Contact the Cognizant Transportation Officer (CTO) if commercial service is not available.

(c) Foreign Military Sales (FMS) shipments are excluded from these requirements.

(End of clause)

5352.291-9000 Additional Over and Above Work Procedures.

As prescribed in 5391.102(a), insert the following clause in Section I:

ADDITIONAL OVER AND ABOVE WORK PROCEDURES (AFMC) (JUL 1997)

(a) Negotiations on proposed over and above work should be completed prior to commencement of work, but in no case later than the time when 40 percent of the work is completed.
(b) For fixed hourly rate items, the price negotiated by the Administrative Contracting Officer shall be based on "hands on" labor hours multiplied by the contract hourly rate. The number of "hands on" labor hours required shall be negotiated by the Contractor and Administrative Contracting Officer. The fixed hourly rate includes charges for "hands on" labor, any labor cost which is not considered "hands on" for which the Contractor accounts as direct labor, burdens, general and administrative expenses, and other allowable costs and profit.
(c) At any time during contract performance, when sufficient data becomes available on a repetitive task being performed in the fixed hourly rate category, either the Contractor or the Procuring Contracting Officer may request a negotiation to establish a firm-fixed-price for that item for the remaining life of the contract. The Administrative Contracting Officer shall advise the Procuring Contracting Officer of all such agreements in order that changes can be incorporated in periodic contract modifications.

(End of clause)

5352.291-9001 Excess Inventory - Disposition of Government Property.

As prescribed in 5391.102(b), insert the following clause in Section I:

EXCESS INVENTORY - DISPOSITION OF GOVERNMENT PROPERTY (AFMC) (JUL 1997)

(a) The Contractor shall dispose of any excess Government property generated during contract performance or at contract completion in accordance with the Government Property Management Attachment.
(b) The over and above clause of the contract authorizes work involved in packing, crating and preparing excess Government property for shipment, either during contract performance or at contract completion, unless such excess inventory exceeds the stock level limits as defined in Government Property Management Attachment.
(c) If the Administrative Contracting Officer determines excess Government property exceeds the stock level limits authorized in accordance with Government Property Management Attachment, the Contractor shall bear the cost of packing, crating and preparing the unauthorized excess inventory for shipment, provided such excess is not the result of decreased production requirements directed by the Procuring Contracting Officer.
(d) The Government shall deduct transportation costs for excess inventory, which are borne by the Government in accordance with the Government property clauses of the contract, from payments due under the contract.

(End of clause)

5352.291-9003 Maintenance of Government-Owned Equipment in Possession of Overseas Contractors.
As prescribed in 5391.102(c), insert the following clause in Section I:

MAINTENANCE OF GOVERNMENT-OWNED EQUIPMENT IN POSSESSION OF OVERSEAS CONTRACTORS (AFMC) (JUL 1997)

Normal maintenance of Government-owned equipment provided hereunder or used in the performance hereof may require parts not available in local markets. The Contractor may requisition any of such parts as are available through the Government supply system after the Contracting Officer provides written approval for each such requisition.  The Contractor agrees, upon receipt of such parts, to credit this contract at prices specified in current federal supply catalogs.  The Contractor shall deduct such credits from the invoices submitted under this contract.

(End of clause)

5352.291-9004 Drop-In Maintenance.

As prescribed in 5391.102(d), insert the following clause in Section I:

DROP-IN MAINTENANCE (AFMC) (JUL 1997)

(a) From time to time, the Government may request to drop in additional (insert the Model Design Series (MDS)) aircraft for emergency repair and maintenance under (insert the applicable over and above contract line item). To the extent feasible, based on Contractor's facilities and experience, the Contractor shall accept such aircraft for repair and maintenance. The Contractor shall obtain prior authority for such inputs from the Administrative Contracting Officer. The Administrative Contracting Officer shall, provided funds are available, authorize such preliminary work sufficient for the Contractor to develop and submit an estimate for completion of the required repairs or maintenance. When sufficient funding is available and the Procuring Contracting Officer grants authorization for completion of the work, the Administrative Contracting Officer shall authorize completion of the work by issuance of a funded over and above work request. The over and above rates of the contract shall apply to all such work.
(b) Should such work interrupt the normal PDM aircraft flow through the Contractor's facility, the Contractor shall immediately notify the Administrative Contracting Officer. The Administrative Contracting Officer shall immediately contact the Procuring Contracting Officer for advice. If the Procuring Contracting Officer approves the interruption, the Administrative Contracting Officer shall negotiate an equitable adjustment.

(End of clause)

5352.291-9005 End Items Beyond Economical Repair.

As prescribed in 5391.102(e), insert the following clause in Section I:

END ITEMS BEYOND ECONOMICAL REPAIR (AFMC) (JUL 1997)

(a) "Economically Reparable End Items" are defined as end items which can be restored to a serviceable condition, in accordance with applicable requirements, when

costs of repair will not exceed (Insert percentage) of the Stock List Price specified in the contract. If the Contractor estimates the total cost of the repair and/or overhaul of any end item received will exceed the above percentage of the Stock List Price, the Contractor shall promptly notify the Administrative Contracting Officer in writing and shall not perform further services on any such items except at the direction of the Administrative Contracting Officer. Upon receipt of the written notification that a particular item is not
reparable, the Contractor shall dispose of the unit in the manner directed by the Administrative Contracting Officer

(b) The Procuring Contracting Officer may authorize the Contractor, through the Administrative Contracting Officer, to exceed the percentage of the Stock List Price in subparagraph (a) above when an item is in critical supply status.

(End of clause)

5352.291-9006 Delay of Aircraft Input.

As prescribed in 5391.102(f), insert the following clause in Section F:

DELAY OF AIRCRAFT INPUT (AFMC) (JUL 1997)

If for any reason the output of aircraft from maintenance/modification is delayed beyond the scheduled period for delivery, the Government reserves the right to delay scheduled input of corresponding model/type aircraft at no change in cost or performance under the contract. This does not preclude the Government from seeking additional consideration for delinquent deliveries or taking other appropriate action in accordance with special contract requirements or contract clauses. In such case, the Contracting Officer shall issue a contract modification changing scheduled input and output months, but preserving the original contract flow days for the specific aircraft model/type.

(End of clause)

5352.291-9007 Evaluation of Over and Above Work.

As prescribed in 5391.202(a), insert the following provision, substantially as written, in Section M:

EVALUATION OF OVER AND ABOVE WORK (AFMC) (JUL 1997)

For evaluation purposes, the estimated "Over and Above" hours applicable to Section B of the Schedule entitled "Over and Above Work" is (insert number of hours) hours. The estimated over and above hours shall be multiplied by the proposed hourly rate for evaluation. These estimated hour figures are furnished for evaluation purposes only and are not intended to guarantee that the number of hours used for evaluation will actually be experienced or that the hour figure represents maximum or minimum hours

for any resultant contract. Offerors are required to submit the proposed fixed hourly rate to be inserted into Section B of the resultant contract.

(End of provision)

5352.291-9008 Evaluation of Offers.

As prescribed in 5391.203(a), insert the following provision, substantially as written, in Section M:


EVALUATION OF OFFERS (AFMC) (JUL 1997)

Offers shall be evaluated on the basis of the unit prices offered for the quantity designated as the best estimated quantity in the schedule for (insert item(s)) by multiplying the proposed price(s) by the best estimated quantity(s)

(End of provision)

5352.291-9009 Evaluation of Offers - Movement of Government-Furnished Property.
As prescribed in 5391.203(b), insert the following provision, substantially as written, in Section M:

EVALUATION OF OFFERS - MOVEMENT OF GOVERNMENT-FURNISHED PROPERTY (AFMC) (JUL 1997)

(a) A cost factor which represents the estimated cost to the Government for packaging, packing, preservation and transportation of Government-furnished property from the incumbent Contractor's facilities to a new Contractor's facility shall be added to all offers except the incumbent's. This Government-furnished property represents the residual inventory of Government-furnished material and any special tooling which may have been furnished. For evaluation purposes, this cost is estimated to be (insert dollar amount), plus cost of transportation to the recipient Contractor's facility.
(b) Transportation costs for any additional Government-furnished property not resident at the incumbent Contractor's facility shall be evaluated based on the estimated cost of transportation from the applicable prime Air Logistics Center(s) to the Contractor's facility.

(End of provision)

5352.291-9010 Evaluation of Offers-Transportation Cost.

As prescribed in 5391.203(c), insert the following provision, substantially as written, in Section M:

EVALUATION OF OFFERS-TRANSPORTATION COST (AFMC) (JUL 1997)

For evaluation purposes the Government shall add a cost factor for transportation to all offers based on the distances between point(s) of destination as follows:
(a) Transportation cost for (insert item(s)) will be evaluated on the basis of estimates of probable points of generation in the field to the Contractor's facilities and return to the point(s) of generation and;
(b) Transportation cost for (insert item(s)) will be evaluated on the basis of estimates of probable points of generation in the field, to the Contractor's facilities and return to (e.g., Kelly AFB).

(End of provision)

5352.291-9011 Induction at Risk

As prescribed in 5391.102(g), insert the following clause in Section I.

INDUCTION AT RISK (AFMC) (APR 2001)

The government and the contractor agree that, in the sole exercise of the contractor's business judgment, the contractor may choose to induct reparable assets into the contractor's repair process in advance of receipt of a funded delivery order and Materiel Release Order (MRO). It is recognized by both parties that the purpose of the funded delivery order is to establish estimated quantities for each National Stock Number (NSN) and provide a vehicle that the contractor shall use to bill against. However, the contractor shall not bill for nor will the government pay for any repaired items until the government directs shipment via a MRO. The MRO shall be passed to the contractor from D035A (Materiel Manager Wholesale Requisition Process) through G009 (Government Furnished Materiel Transaction Reporting System). This is the contractor's authority to ship and bill against the funded delivery order. It is expressly recognized by the contractor that:

(a) Any such induction in advance of receipt of a funded delivery order and MRO is at the contractor's own risk and for the contractor's benefit;
(b) The contractor shall not submit an invoice for the specific item, and the government will have no obligation to pay the contractor until the government issues the MRO authorizing shipment; and
(c) If the contract is terminated and the government has not issued a MRO for the items that the contractor had inducted into the repair process, the contractor shall return all reparable assets (inducted or not) without any charge to the government for costs associated with repairs to such items.
(d) The contractor shall not be entitled to a claim against the government for not issuing a MRO.
(e) Assuming the contract has not been terminated, in the last quarter of the contract, the government agrees to either repair the quantities on the funded delivery order or pay the contractor up to 75% of those inducted items.

(end of clause)

PART 5353—FORMS (RESERVED)

PART 5390— CONTRACTING SUPPORT

FOR SPECIFIC AIR FORCE ACQUISITIONS (RESERVED)

PART 5391--AFMC MAINTENANCE, OVERHAUL, AND MODIFICATION CONTRACTING

(AFMCAC 02-02, Nov 5, 2003)

SUBPART 5391.0--GENERAL

5391.000 Scope.

This part prescribes policy and procedure for AFMC major maintenance, repair, overhaul, and modification contracting, including aircraft modification/programmed depot maintenance (PDM) programs.

5391.001 Policy.

When contracting for repair, overhaul or modifications of exchangeables, AFMC personnel will use the Contract Repair Process (CRP) found at https://www.afmc-mil.wpafb.af.mil/HQ-AFMC/PK/pkp/guides.htm. It is AFMC policy to use performance-based repair contracts to the maximum extent possible.

SUBPART 5391.1--CLAUSES

5391.101 General.

This subpart prescribes the provisions and clauses for use in fixed-price maintenance, repair, overhaul, and modification contracts which include the Walsh-Healy Public Contracts Act. These provisions and clauses may be used in fixed-price contracts subject to the Service Contract Act as appropriate.

5391.102 Required provisions/clauses.

(a) When the DFARS Clause 252.217-7028, Over and Above Work, is prescribed in solicitations and contracts, include the clause at 5352.291-9000, Additional Over and Above Work Procedures, in Section I.
(b) If the contract contains both over and above work procedures and Government-furnished material, the contracting officer shall insert the clause at 5352.291-9001, Excess Inventory-Disposition of Government Property, in Section I.
(c) When contractors performing maintenance, repair, overhaul, and modification on Air Force equipment in overseas locations are unable to obtain replacement parts through purchase in local markets, the contracting officer shall insert the clause at 5352.291-9003, Maintenance of Government-Owned Equipment in Possession of Overseas Contractors, in Section I. Use of this clause is required for Depot Maintenance Activity Group (DMAG) contracts containing a requirement for a GFM report (GFM reporting may be by either the manual report on AF Form 412, Report of Government Furnished Material, or the mechanized GFM Transaction Reporting System, G009).

(d) When the Statement of Objectives, SOW or purchase request require drop-in maintenance, use the clause at 5352.291-9004, Drop-In Maintenance, in Section I of aircraft PDM contracts. Establish an over and above line item to facilitate this work.
(e) The contracting officer shall insert the clause at 5352.291-9005, End Items Beyond Economical Repair, in Section I when the contract calls for repair of exchangeable assets.
(f) When appropriate to delay input of aircraft because output of aircraft is delayed, the contracting officer may insert the clause at 5352.291-9006, Delay of Aircraft Input, Section F.

(g) The contracting officer may insert the clause at 5352.291-9011, Induction at Risk, when Performance Based Delivery on Demand Contracts will be used.

SUBPART 5391.2--SOLICITATION EVALUATION PROCEDURES

5391.201 General.

This subpart describes procedures for use of an "over and above" factor in the evaluation of maintenance, overhaul, and modification proposals.

5391.202 Application.

(a) Insert the provision at 5352.291-9007, Evaluation of Over and Above Work, substantially as written, in Section M of all solicitations for maintenance, repair, overhaul, and modification effort which include work request provisions for "over and above" effort on other than a fixed-price basis.
(b) The requirements office shall determine the man-hour estimates used for evaluation, based on estimates of all factors including previous organic and contractor experience.

5391.203 Provisions and clauses.

(a) The contracting officer may include the provision at 5352.291-9008, Evaluation of Offers, substantially as written, in Section M for maintenance, repair, overhaul, and modification indefinite quantity and requirements solicitations that include a Best Estimated Quantity (BEQ).
(b) The contracting officer may include the provision at 5352.291-9009, Evaluation of Offers - Movement of Government Furnished Property, substantially as written, in Section M when the Government shall evaluate the cost associated with relocating GFP from the incumbent contractor's facility.
(c) The contracting officer may include the provision at 5352.291-9010, Evaluation of Offers - Transportation Cost, substantially as written, in Section M when the Government shall evaluate transportation cost based on multiple points of generation.

SUBPART 5391.3-- DELIVERY PERFORMANCE

5391.301 General

This subpart applies to the repair and overhaul of exchangeable items.

5391.302 Tracking On-Time Delivery

(a) Contract Repair Teams (CRP Guide, Chapter 5) will assign responsibility for tracking delivery performance on individual orders. If the cognizant production management specialist does the tracking, they should utilize the asset visibility system provided by HQ AFMC/LG and augmented, as necessary, by contractor provided reports.

(b) Notwithstanding any HQ AFMC/LG reporting requirements, each exchangeable repair contract will establish a data line item which requires at least monthly reports on the dates of reparable receipts by CLIN, subCLIN, or ELIN as appropriate. The reports will be provided to the cognizant DCMA production specialist with copies to the PCO. DCMA will use these reports in calculating firm delivery dates for event-driven delivery schedules. DCMA will periodically validate the dates provided by the contractor.

(c) For repair contracts with event-driven delivery schedules (e.g., after receipt of reparable) ACPS-15 will provide an estimated date to MOCAS. That date will be entered into MOCAS with an “E” for estimated. DCMA requires their technical specialists to calculate and enter a firm delivery date into MOCAS when the date of reparable receipt is known. The firm date will be indicated as an actual date (code “A”) in MOCAS.

5391.303 Delivery Schedule Guidelines

To the maximum extent possible negotiate specific delivery dates. Do not cite a repair order delivery schedule by reference to the basic contract (e.g., IAW Basic).

5391.304 Special CLIN Instructions

Exchangeable repair contracts with provisions for modifications require specific CLIN structures when there are multiple output national stock numbers permitted. Whenever a family of part numbers may be input under a specific repair and modification CLIN and the output parts may have different NSNs, then each output NSN must have a separate subCLIN. This will permit assigning a completion date to a specific reparable for delivery schedule tracking purposes.