IMMEDIATE ACTION

DEPARTMENT OF THE AIR FORCE AFMC ACQUISITION

CIRCULAR 96-1

Headquarters AFMC

Wright-Patterson AFB OH 45433 31 October 1995

Air Force Materiel Command Acquisition Circular (AFMCAC)

1. All material published in this AFMCAC is effective upon receipt unless otherwise indicated. Each item in this AFMCAC shall remain in effect until specifically cancelled or incorporated by a subsequent AFMCAC or change to the AFMC FAR Supplement (AFMCFARS).

  1. AFMCAC 96-1 amends the AFMCFARS as specified below (all changes are marked by revision bars on the right hand side of the pages):

ITEM 1.

  1. Title: AFMCFARS 5301.602-3 (Pages 1.6-4 and 1.6-5) - Ratification of Unauthorized Commitments

b. Purpose/Explanation of Change(s): These changes delete the limitations imposed at AFMCFARS 5301.602-3(c)(92). The limitation on altering the terms and conditions of the original agreement and partial ratification is considered not to be a legal requirement and there is no opposition to its deletion.

ITEM 2.

  1. Title: AFMCFARS 5301.9090-2 (Page 1.9-4) -- Special Applications
  2. Purpose/Explanation of Change(s): This part was deleted. Contract Actions resulting from Broad Agency Announcements, Program Research and Development Announcements, and FAR 36.6 source selection procedures for architect-engineer services will be subject to the AFFARS Clearance Process, as supplemented, for competitive acquisitions.

ITEM 3.

a. Title: AFMCFARS 5306.303-2(92) (Page 6.3-2 and -3) -- Justifications Content

b. Purpose/Explanation of Change(s): This change adds language to the subject Πparagraph to authorize use of AFMC Form 551, for J&As citing OF&OC Exception 1, for replenishment spares buys of less than $10M.

__________________________________

No. of Attached Printed Pages: 112

OPR: PKP (Chris Shockey)

Distribution: F, X (Same as AFMCFAR Sup)

HQ USAF/LG, Wash DC 20330-5000..........4 SAF/AQC/AQCF, Wash DC 20330-5000........3 HQ USAF/JACPD, Wash DC 20330-5000.......1 HQ AFIA/IM, Kirtland AFB NM 87117-5670..1 AUL/LDEA, Maxwell AFB AL 36112-5564.....1

Technical Services Assoc. 2 Market Plaza Way Mechanicsburg PA 17055-0001....1

ITEM 4.

a. Title: AFMCFARS 5307.1 (Page 7.1-1, -2, -3, -4, and -5) -- Acquisition

Planning

b. Purpose/Explanation of Change(s): These changes delete AP-content requirements, which are already provided in the FAR or higher-tier supplements or which call for unnecessarily detailed information. Other changes are proposed to clean up administrative oversights. Several changes were the result of FAR Focal Point comments. The threshold of "25,000" was changed to "the simplified acquisition threshold".

ITEM 5.

a. Administrative changes were made to 34 pages.

  1. The pages affected by these administrative changes are: v, 1.1-1, 1.3-2, 4.6-3, 4.71-2, 5-i, 7.3-1, 13-i, 15.4-5, 15.4-7, 15.6-1, 15.6-2, 15.6-3, 15.6-5, 15.6-7, 15.8-1, 15.8-6, 17.74-1, 23.9-1, 27.4-1, 35.0-2, 43-i, 43.2-2, 45.6-3, 47.3-2, 52-i, 52-ii, 52-iii, 52-3, 52-16, 52-27, 52-39, 52-41, 52-42 and 52-52.

ITEM 6.

a. Title: AFMCFARS 5317.9100, 5317.9200 and 5317.9400 (Pages 17-ii, 17.91-1 through -3, 17.92-1 through -5 and 17.94-1 through -3) Fast Track, High Gear, and Quick Reaction Capability (QRC) Methods of Contracting; and Special Contracting Methods for Protection of Production Delivery Schedules.

  1. Purpose/Explanation of Change(s): Due to a change in the AFFARS numbering system 5317.9100 is renumbered to 5317.9400. SAF/AQC letter dated 9 Apr 93 supersedes Long Lead Policy (5317.9200). Therefore, 5317.9200 is deleted in its entirety.

ITEM 7.

a. Title: AFMCFARS 5325.902-90 and 5352.225-9006 (Pages 25-i, 25.9-1 and 52-48) English Language Requirements

b. Purpose/Explanation of Change(s): This clause and its prescribing language are added to clearly establish that all documents to be delivered under a contract will be written in the English language.

ITEM 8.

a. Title: AFMCFARS 5336.201(a)(4) and 5336.604(a)(5) (Pages 36-i, 36.2-1 and 36.6-1) -- Evaluation of Contractor Performance and Performance Evaluation.

b. Purpose/Explanation of Change(s): These paragraphs are added to implement FAR requirements to establish procedures for evaluation and review of A&E and construction contract performance.

ITEM 9.

a. Title: AFMCFARS 5336.90 and 5352.236-9000 (Pages 36.90-1, 36-90-2, 36.90-3 and 52-52) -- Requirements Language and Provisions; and Non-priced Items - SABER

b. Purpose/Explanation of Change(s): This change is needed to delete all of the AFMC SABER policy (5336.9001) that became redundant with the publication of AFFARS Appendix DD, Simplified Acquisition of Base Engineering Requirements (SABER). AFMCFARS 5336.9002 was then renumbered to 5336.9001 and moved to page 36.90-1. As a result, pages 36.90-2 and 36.90-3 are deleted in their entirety. In addition, the language at 5352.236-9000 is improved to clarify the method of adding items to the unit price book during option years for contracts with coefficients subject to economic price adjustment.

ITEM 10.

  1. Title: AFMCFARS 5342.7100-90 (Page 42.71-2) -- Voluntary Refunds (Reporting Requirements)

b. Purpose/Explanation of Change(s): This change deletes paragraph (h) of AFMCFARS 5342.7100-90 in its entirety. The requirement in paragraph (h) to submit a Voluntary Refund (VR) Activity Report, RCS: MTC-PK(A)8501, at the end of each fiscal year, is no longer necessary due to recent changes in AFFARS.

ITEM 11.

  1. Title: AFMCFARS 5353.2 (Page 53-1) -- Prescription of Forms

b. Purpose/Explanation of Change(s): This change adds a new form (AFMC 378, Simplified Evaluation Worksheet) to the index listing. This new form is a combination of Forms 404, 415, and 416 (which can still be used independently).

3. Filing Instructions:

Page Insert Changes:

Remove Insert

Foreward v thru vii Foreward v thru vii

1.1-1 1.1-1

1.3-1 thru 1.3-2 1.3-1 thru 1.3-2

1.6-3 thru 1.6-6 1.6-3 thru 1.6-6

1.9-3 thru 1.9-4 1.9-3 thru 1.9-4

4.6-3 4.6-3

4.71-1 thru 4.71-2 4.71-1 thru 4.71-2

5-i 5-i

6.3-1 thru 6.3-4 6.3-1 thru 6.3-4

7.1-1 thru 7.1-8 7.1-1 thru 7.1-5

7.3-1 7.3-1

13-i 13-i

15.4-5 thru 15.4-8 15.4-5 thru 15.4-8

15.6-1 thru 15.6-8 15.6-1 thru 15.6-8

15.8-1 thru 15.8-2 15.8-1 thru 15.8-2

15.8-5 thru 15.8-6 15.8-5 thru 15.8-6

17-i thru 17-ii 17-i thru 17-ii

17.74-1 thru 17.74-2 17.74-1 thru 17.74-2

17.92-1 thru 17.92-5 17.92-1

17.94-1 thru 17.94-3

23.9-1 23.9-1

25-i 25-i

25.9-1

27.4-1 thru 27.4-2 27.4-1 thru 27.4-2

35.0-1 thru 35.0-2 35.0-1 thru 35.0-2

36-i 36-i

36.2-1

36.6-1

36.90-1 thru 36.90-3 36.90-1

42.71-1 thru 42.71-2 42.71-1 thru 42.71-2

43-i 43-i

43.2-1 thru 43.2-2 43.2-1 thru 43.2-2

45.6-3 thru 45.6-4 45.6-3 thru 45.6-4

47.3-1 thru 47.3-2 47.3-1 thru 47.3-2

52-i thru 52-iii 52-i thru 52-iii

52-3 thru 52-4 52-3 thru 52-4

52-15 thru 52-16 52-15 thru 52-16

Page Insert Changes:

Remove Insert

52-27 thru 52-28 52-27 thru 52-28

52-39 thru 52-42 52-39 thru 52-41

52-47 thru 52-48 52-47 thru 52-48

52-51 thru 52-52 52-51 thru 52-52

53-1 thru 53-2 53-1 thru 53-2

AFMCAC 96-1 31 October 1995

LIST OF EFFECTIVE PAGES

Dates of issue for original and change pages are:

Change Ref Date Change Ref Date

Original 0 1 July 1992 94-4 6 31 July 1994

93-001 1 15 January 1993 94-5 7 30 September 1994

93-002 2 15 May 1993 95-1 8 31 December 1994

94-1 3 30 November 1993 95-2 9 21 July 1995

94-2 4 31 January 1994 96-1 10 31 October 1995

94-3 5 30 April 1994

FWD i to ii 0

iii 9

v to vii 10

5301 1-i 9

1-ii 9

1.1-1 0

1.2-1 to 2-5 9

1.3-1 0

1.3-2 10

1.4-1 5

1.5-1 0

1.6-1 8

1.6-2 9

1.6-3 8

1.6-4 to 6-5 10

1.6-6 to 6-7 8

1.6-8 5

1.9-1 to 9-3 7

1.9-4 10

1.9-5 to 9.6 7

5302 2-i 0

2.1-1 9

5303 3-i 9

3.1-1 to 1-2 0

3.8-1 9

5304 4-i to ii 3

4.1-1 0

4.6-1 to 6-2 0

4.6-3 10

4.8-1 0

4.70-1 0

4.71-1 and 71-3 0

4.71-2 10

4.90-1 to 90-2 0

4.91-1 0

5305 5-i 10

5.0-1 0

5.1-1 3

5.2-1 6 5.3-1 Deleted

5.4-1 3

5306 6-i 0

6.2-1 0

6.3-1 and 3-4 5

6.3-2 to 3-3 10

6.3-5 to 3-6 0

6.3-7 1

5307 7-i 0

7.1-1 to 1-5 10

7.1-6 to 1-8 Deleted 7.1-8a 0

7.2-1 to 2-2 0

7.3-1 10

5308 8i 8

8.8-1 0

5309 9-i 0

9.1-1 0

9.2-1 to 2-4 1

9.4-1 to 4-2 0

9.5-1 0

5310

10-i 0

10.0-1 0

5311 N/A

5312 12-i 4

12.1-1 4

12.3-1 0

5313 13-i 10

13.1-1 to 1-4 7

13.5-1 to 5-2 0

5314 14-i 0

14.2-1 3

14.3-1 0

14.4-1 0

5315 15-i 7

15-ii 8

15.4-1 to 4-4 9

15.4-5 10

15.4-6 9

15.4-7 10

15.4-8 9

15.5-1 to 5-4 4

15.6-1 to 6-3 10

15.6-4 9

15.6-5 10

15.6-6 7

15.6-7 10

15.6-8 7

15.6-10 to 6-11 9

15.7-1 to 7-2 0

15.8-1 10

15.8-2 to 8-4 0

15.8-5 7

15.8-6 10

15.8-7 to 8-10 3

15.8-11 8

15.8-12 3

15.8-13 to 8-16 8

15.9-1 1

15.9-2 9

15.10-1 5

15.11-1 to 11-2 0

5316 16-i 0

16.2-1 to 2-2 0

16.3-1 0

16.4-1 to 4-3 9

16.6-1 0

16.7-1 0

5317 17-i 6

17-ii 10

17.1-1 0

17.1-2 2

17.1-3 0

17.2-1 3

17.74-1 10

17.74-2 to 74-4 9

17.75-1 to 75-4 0

17.76-1 to 76-2 8

17.91-1 to 91-3 0

17.92-1 10

17.92-2 to 92-5 Deleted 17.93-1 to 93-2 0

17.94-1 to 94-3 10

17.96-1 to 96-2 3

5318 N/A

5319

19-i 0

19.2-1 0

19.3-1 0

19.5-1 0

19.7-1 0

19.8-1 0

5320 N/A

5321 N/A

5322

22-i 0

22.1-1 0

5323

23-i 0

23.3-1 0

23.9-1 10

5324 N/A

5325

25-i 10

25.1-1 0

25.3-1 8

25.70-1 0

25.73-1 0

25.9-1 10

25.91-1 to 91-2 0

25.92-1 0

5326 N/A

5327 27-I 0

27.3-1 0

27.4-1 10

26,4-2 0

27.6-1 0

5328 28-i 0

28.1-1 0

28.3-1 0

5329 N/A

5330 N/A

5331

31-i 0

31.1-1 1

5332 32-i 9

32.7-1 3

32.7-2 to 7-3 0

32.7-4 to 7-5 9

5333 33-i 0

33.1-1 1

33.1-2 2

33.1-3 0

5334

34-i 0

34.5-1 3

5335

35-i 0

35.0-1 9

35.0-2 10

35.0-3 to 0-5 9

35.0-6 to 0-7 0

5336

36-I 10

36.2-1 10

36.6-1 10

36.90-1 10

36.90-2 to 90-3 Deleted

5337

37-i 4

37.91-1 0

37.92-1 to 92-11 4

5338 N/A

5339 N/A

5340 N/A

5341 N/A

5342

42-I 7

42.2-1 to 2-2 0

42.5-1 0

42.71-1 7

42.71-2 10

5343

43-I 10

43.1-1 4

43.2-1 0

43.2-2 10

43.2-3 to 2-5 0

5344

44-I 0

44.2-1 1

44.3-1 to 3-3 0

5345

45-i 0

45.1-1 to 1-2 2

45.3-1 to 3-2 1

45.6-1 2

45.6-2 3

45.6-3 10

45.6-4 0

45.70-1 0

5346

46-i 2

46.2-1 0

46.3-1 9

46.4-1 0

46.5-1 0

46.7-1 to 7-3 8

5347

47-i 0

47.3-1 0

47.3-2 10

47.3-3 0

5348 N/A

5349 49-i 0

49.1-1 to 1-3 0

49.4-1 to 4-4 0

49.70-1 0

5350

50-I 0

50.3-1 1

5351

51-I 0

51.1-1 0

51.2-1 0

5352

52-i 9

52-ii to 52-iii 10

52-1 0

52-2 1

52-3 1

52-4 0

52-5 to 52-6 1

52-7 9

52-8 to 52-9 0

52-10 7

52-11 9

52-12 to 52-15 7

52-16 10

52-17 to 52-20 7

52-21 to 52-24 0

52-25 to 52-26 9

52-27 10

52-28 to 52-31 0

52-32 1

52-33 to 52-37 0

52-38 3

52-39 1

52-40 0

52-41 10

52-42 Deleted

52-42a 6

52-43 6

52-44 3

52-45 to 52-46 1

52-47 0

52-48 10

52-49 to 52-50 Deleted 52-51 3

52-52 10

52-53 to 52-57 0

52-58 5

52-59 to 52-59a 2

52-60 to 52-64 0

52-65 1

52-66 0

52-67 to 52-72 2

5353 53-i 0

53-1 10

53-2 to 53-3 7 53-4 2 5391 91-i 0

91.1-1 0 91.2-1 to 91.2-8 0

5392

92-i 0

92.0-1 0

92.1-1 7

92.1-2 0

92.2-1 0

92.3-1 to 3-2 0

92.4-1 to 4-4 0

92.5-1 to 5-4 0

APP D-1 0

APP AA-1 to -16 9

APP BB-1 to 1a 1

APP BB-2 to 3 0

APP BB-4 2

APP BB-5 to 6 0

APP BB-7 1

APP BB-8 to 35 0

AFMC FAR SUPPLEMENT 1 July 1992 1.1-1

PART 5301--FEDERAL ACQUISITION REGULATIONS SYSTEM SUBPART 5301.1--PURPOSE, AUTHORITY, ISSUANCE

5301.101 Purpose.

The Air Force Material Command Federal Acquisition Regulation Supplement

(AFMCFARS) establishes AFMC uniform policies and procedures to supplement

the

Federal Acquisition Regulation (FAR), the Department of Defense FAR Supplement (DFARS), the Air Force FAR Supplement (AFFARS), and implements other DOD contracting publications.

5301.102 Authority.

The AFMC Commander issues the AFMCFARS under authority prescribed in

FAR

1.301(d)(1) and AFFARS 5301.301. The Deputy Chief of Staff/Contracting (HQ

AFMC/PK) prepares and maintains the AFMCFARS.

5301.103 Applicability.

Except as specifically provided by individual paragraphs, the AFMCFARS applies to all Air Force Material Command acquisitions of supplies and services.

5301.104 Issuance.

5301.104-2 Arrangement of regulations.

(c) The AFMCFARS follows the arrangement, reference, and citation scheme of the

FAR, DFARS and AFFARS.

AFMCAC 96-1 31 October 1995 1.3-2

(2) Publish procedures in the local FAR supplement for processing one-time clauses, approving contractor unique clauses or clauses not residing in ACPS, AMIS, or BCAS.

(3) With the exception of one-time and savings/reopener clauses, or other unique clauses applicable to only one contractor, prescribe in local supplement all local solicitation provisions and contract clauses including those residing in ACPS, AMIS, and BCAS data bases or local operating instructions. Coordinate savings/reopener clauses with the Contract Administration Organization (CAO).

(4) Each ACPS data base manager monitors local clause use, assigns clause numbers, ensures prescription in local FAR supplement, and formats clause into the local ACPS data base. Instructions for developing and publishing local clauses in ACPS are contained in the Menu Assisted Data Entry System Buyer Clause and

System

(MADES) Guide.

AFMCAC 96-1 31 October 1995 1.6-4

5301.602 Contracting officers.

5301.602-3 Ratification of unauthorized commitments.

(b)(3)(ii)(90) For Major/Selected programs assigned to a PEO, the Buying Office Contracting Official (BOCO) will forward ratification requests for unauthorized commitments to HQ AFMC/PKP for submission through HQ AFMC/PK to

SAF/AQC (and

the

PEO). Prepare the ratification file in accordance with instruction in (c)(7)(90) below. An information copy shall be sent to the Senior Center Contracting Official (SCCO).

(b)(3)(ii)(91) For Other Programs or Major/Selected programs not assigned to a PEO, the SCCO will forward ratification requests for unauthorized commitments for actions of $25,000 or greater to HQ AFMC/PKP for submission through HQ

AFMC/PK to

SAF/AQC. Prepare the ratification file in accordance with instruction in

(c)(7)(90) below.

(b)(3)(iii) Authority to ratify unauthorized commitments involving Other Contracting is delegated to the HQ AFMC Director of Contracting, with authority to redelegate. HQ AFMC Director of Contracting, redelegates authority to ratify unauthorized commitments as follows:

(90) The Commander, Vice Commander, or Executive Director of AFMC Air Logistics Centers, Product Centers, and Test Centers may ratify commitments involving amounts of $1,000,000 or less.

(91) The Commander, Vice Commander, or Executive Director of AGMC and

the

Director of AFOSR may ratify commitments involving amounts of $50,000 or less. (92) All requests for ratification which exceed the authority level in

(b)(3)(iii)(90) and (91) shall be forwarded to HQ AFMC/PKP for review before submission to HQ AFMC/PK for ratification.

(93) The authority in (90) and (91) above may not be redelegated except that ratification authority for actions of $1,000 or less may be redelegated to the installation commander, at AFMC bases only, without authority to redelegate.

(c)(7)(90) Procedures. When a person becomes aware that an unauthorized

commitment has occurred, they must immediately notify the servicing contracting office. Within 10 working days of such notification, the contracting officer will ensure that the following actions are taken:

(A) The unit commander or equivalent civilian supervisor within the organization in which the unauthorized act occurred will obtain from the individual who committed the act, a written statement of all pertinent facts of the transaction. Send a file of all relevant documents and records including the

necessary fund citation and the statement of facts to the contracting office.Œ

AFMCAC 96-1 31 October 1995 1.6-5

(B) The commander/supervisor will include in the ratification file evidence of formal disciplinary action given to the individual who committed the unauthorized act, and the administrative actions taken to prevent recurrence of the unauthorized act.

(C) If disciplinary action is not taken, include written justification signed by the commander/supervisor of the individual who committed the act in the file.

(91) If the documentation required by (A) and (B) above is not received in the contracting office within 10 working days after the initial notification, refer the matter to the SCCO.

(92) The contracting officer will complete the following actions within 30 calendar days after receiving the documentation required by (c)(7)(90)(A) and (B) above:

(A) Determine the adequacy of the record, and obtain further documentation, if necessary;

(B) Prepare a statement of facts, to include an analysis of the prices involved to support a finding of whether or not the prices are considered fair and reasonable; a description of the action taken to prevent a recurrence of the unauthorized act; and a recommendation for or against ratification, with appropriate justification.

(C) Obtain legal review and a recommendation from the local staff judge advocate of how the unauthorized commitment should be processed;

(D) If the unauthorized commitment is considered ratifiable, send the complete file to the official specified in (b)(3). The ratification file will be retained by HQ AFMC/PKP; therefore, do not send any original documents that are required for the official file.

(E) If the unauthorized commitment is not considered ratifiable, return the complete file to the commander/supervisor of the organization initiating the request. The recommendation for denial will provide guidance on alternative methods for processing the matter (e.g., claim, Public Law 85-804, or payment by the individual who committed the unauthorized act).

(F) If the unauthorized commitment contains portions which may not be ratifiable (e.g. costs are not allocable or allowable) process the ratifiable portion pursuant to (D) above and refer the unratifiable portion to the commander/supervisor of the organization initiating the request pursuant to (E) above indicating the unresolved portion and the reason(s) that portion is not ratifiable. Make a copy of the documents prepared for the portions that are not ratifiable and include them in the package prepared under (D) above for the ratifiable portion. That will give the ratifying official a complete description of how the entire action will be disposed.

(93) HQ AFMC/PKP will review all ratification requests which exceed the

dollar limits cited in (b)(3)(iii)(90) and (91). HQ AFMC/PKP will ensure theΠfile contains all documentation and, if necessary, obtain additional information required to complete the file. After obtaining a legal review, HQ AFMC/PKP will

prepare a recommendation for or against ratification. The file will then be

forwarded to HQ AFMC/PK for final approval or disapproval of the ratification.

AFMCAC 96-1 31 October 1995 1.9-4

necessary to ensure the contact action and documentation are consistent with laws, regulations, and policies.

5301.9090 AFMC Clearance Process for Other Contracting.

5301.9090-1 AFFARS applicability. In addition to the AFFARS 5301.9000(b) requirement to use AFFARS 5301.9001 (Policy), AFFARS 5301.9002 (Definitions), AFFARS 5301.9004 and 5301.9005 (Standards), and AFFARS 5301.9006-3 and

5301.9006-4

(Application), as supplemented, for Other Contracting, AFFARS 5301.9006-8 (Post-award

Review), as

supplemented, and AFFARS coverage as noted in 5301.9090-3 and

5301.9090-4 below also applies to AFMC Other Contracting.

5301.9090-2 RESERVED.

5301.9090-3 Reviewing and approving authorities.

(a) Table II prescribes RFP review responsibilities, business clearance reviewing and approving authorities, and contract clearance approving authority by dollar value of the action. The Center Commander (Center/CC), with advice and assistance from the Senior Center Contracting Official (SCCO),

(1) will establish reviewing and approving authorities for solicitations and business/contract clearance actions less than $15,000,000;

(2) may delegate BCAA to the Laboratory Commander and RFP

review/BCRA/CCAA

to the Senior Laboratory Contracting Official for science and technology/laboratory contract actions equal to or greater than $15,000,000 but less than $50,000,000.

(3) may delegate BCAA to SMC Det 10/CC and RFP review/BCRA/CCAA to

SMC Det

10/PK for SMC Det 10 contract actions equal to or greater than $15,000,000 but

less than $50,000,000.

(4) may delegate reviewing and approving authorities for Standard Systems Center (SSC) contract actions equal to or greater than $15,000,000, but less than $25,000,000, to SSC/PK.

(b) For AFFARS Appendix AA and Appendix BB actions, AFFARS 5301.9006-7

regarding SSA and BCAA roles and responsibilities applies to AFMC Other Contracting.

(c) When authorities are established or delegated below the Center/CC or SCCO level, they shall be vested only in individuals with substantial acquisition

experience, education, and training.Π(d) Whenever possible, delegations will be incorporated into the local FAR supplement.

5301.9090-4 Clearance procedures.

(a) The Center Commander will utilize the clearance procedures set forth in

AFFARS 5301.9007 through 5301.9012, as supplemented, and be supported by HQ

AFMC/PK for business clearance reviews and contract clearance approvals on the

highest dollar value threshold as specified in Table II.

(b) The Center Commander, through the Senior Center Contracting Official, shall establish appropriate internal business clearance and contract clearance

AFMCAC 96-1 31 October 1995 4.6-3

their classified nature, from receipt of the requirement through distribution of the award. AFMC contracting activities that use AMIS/PMS are ASC/PK,

WL/PK,

ESC/PK, SMC/PK, AFFTC/PK, AFDTC/PK, CSTC/PK, PL/PK, RL/PK, BMO/PK,

and

HSC/PK. In

addition, AEDC/PK and AFOSR/PK use AMIS/PMS for submittal of DD Form 350

and DD

Form 1057 reporting.

(c) The PMS Buying Plan process will be used to establish a contract action

buying plan within five working days after receipt of a requirement for purchase. A purchase requirement may be, but is not limited to, one of the following:

Advanced Purchase Request (AF Form 9, AFMC Form 36)

Draft/Planning Purchase Request (AF Form 9, AFMC Form 36) Contract Change Proposal (CCP)

Procurement Directive (AF Form 830) Engineering Change Proposal (ECP) Advance Change Study Notice (ACSN) Program Direction (AFMC Form 56)

Military Interdepartmental Purchase Request (MIPR, DD Form 448)

Military Interdepartmental Purchase Request Amendment

Purchase Request (AF Form 9, AFMC Form 36)

Purchase Request Amendment

Competition Advocate Planning

Miscellaneous (ACD, Letter, Telecon, etc.)

The milestone forecast dates and other forecast data shall be maintained to

reflect the current status of the contracting action as it progresses to award. Actual milestone completion dates shall be posted within five working days after they occur. Slipped milestone forecast dates shall be posted within five working days after the slippage becomes known. First line managers should conduct weekly reviews of the "IN PROGRESS" Buying Plans, under their control, to ensure that

PMS

data is current and accurate.

(d) Contract distribution personnel shall audit each contract document presented for distribution to insure that a PMS buying plan exists and that the PIIN or PIIN/SPIIN matches the PIIN or PIIN/SPIIN of the contract instrument.

5304.691-2 Contract close-out.

(a) All contracting activities that use the AMIS/PMS system will use it for contract close-out management and reporting. The PMS system provides an on-line process for input and tracking of close-out data. The contract folder for closed

out contracts should have a PMS Contract Completion Statement. This is aΠcomputer generated interpretation of the MILSCAP PK9 data. Additional contract close-out information is contained in FAR 4.804.

AFMCAC 96-1 31 October 1995 4.71-2

(2) In rare instances, it may be necessary to fund a single CLIN/ELIN or sub-CLIN/ELIN from more than one accounting classification. When this is necessary, a "special" ACRN may be assigned provided that the following criteria are adhered to:

(i) A single item or unit of work is identified by the CLIN/ELIN or sub-CLIN/ELIN and absolutely cannot be divided or, an international agreement provides for shared cost of items being produced regardless of receiving country (i.e., co-production arrangements).

(ii) Discrete ACRNs are assigned in section G of the contract (section K for contracts with format established before DAC 76-20) to all accounting classifications comprising the "special" ACRN.

(iii) All accounting classifications comprising a "special" ACRN are for a single disbursing station.

(iv) The "special" ACRN is not assigned for a single funding ACRN except where it is known that additional ACRNs will be added later (i.e., incrementally funded RDT&E line items). When this condition exists, the special payment instructions must specify: "MULTIPLE FUNDED REQUIREMENT--

ADDITIONAL

ACRNs WILL

BE ASSIGNED AND PAYMENT INSTRUCTIONS REVISED WHEN NEW

ACCOUNTING

CLASSIFICATIONS

ARE AVAILABLE." The items funded out of this type of "special" ACRN must be

the

same items listed in the Limitation of Government Obligation clause or covered by an appropriate Multiyear clause.

(v) The "special" ACRN is established in section G of the contract using one of the following examples for special payment instructions: (see (vii) below for guidelines on use of special ACRNs representing certain appropriation codes):

(A) Pay from following ACRNs in proportions shown:

AA - 30 percent

AB - 20 percent AC - 10 percent AD - 40 percent

(NOTE: Proportions must total exactly 100 percent)

(B) Pay in the following order up to the limit specified

for each component ACRN:

AA - $1,000,000ΠAC - 2,500,000

(NOTE: The sum of the components must be equal to the amount obligated for

the

line item to which the "special" ACRN applies)

(NOTE: This type "special" ACRN must be unique to a single line/subline item)

(vi) When contracts containing "special" ACRNs are modified, recap the entire payment instructions in Section G for the affected ACRNs to show the change of funds obligated against the applicable "special" ACRN line items.

(vii) The following guidelines are observed:

AFMCAC 96-1 31 October 1995 5-i

PART 5305--PUBLICIZING CONTRACT ACTIONS

Paragraph Title Page

5305.002 Policy. 5.0-1

SUBPART 5305.1--DISSEMINATION OF INFORMATION

5305.102 Availability of solicitations. 5.1-1

SUBPART 5305.2--SYNOPSIS OF PROPOSED CONTRACT ACTIONS 5305.201 Special situations. 5.2-1

5305.207 Preparation and transmittal of synopsis. 5.2-1

SUBPART 5305.3--SYNOPSIS OF CONTRACT AWARDS

5305.303 Deleted. 5.3-1

SUBPART 5305.4--RELEASE OF INFORMATION

5305.404 Release of long range acquisition estimates. 5.4-1

5305.404-1 Release procedures. 5.4-1

AFMCAC 96-1 31 October 1995 6.3-2

5306.303-2 Content.

(a)(90) The cognizant technical or requirements activity will prepare and provide the information required by FAR 6.303-2(a)(1), (5), (8), (9), and (11). They will also provide the certification required by FAR 6.303-2(b).

(91) The cognizant contracting activity will prepare and provide, as a minimum, the information and certification required by FAR 6.303-2(a)(6), (7), (10), and (12). The contracting activity will also provide the information required by AFFARS 5306.303-2(a)(2).

(92) J&As for less that $10M may utilize local formats and may incorporate

information by reference unless specifically prohibited by the approving official. AFMC Form 551, Individual Justification and Approval for Other Than Full and

Open

Competition (Replenishment Spares up to $10M-Exception 1) may be used for replenishment spares acquisitions of less than $10M in accordance with the instructions contained in AFMCI 23-102, Purchase Request (PR) Operations

(IMB)(Oct

94), Chapter 4.

(93) For actions requiring the approval of the Senior Procurement Executive (SPE), the J&A format will be substantially the same as shown in Figure

5306-3. The contracting office shall be OPR for preparation of these documents. (94) When not available at the time of processing, results of the notices of

proposed contract action (NOCA), required by FAR 5.201, are not required in the J&A. NOCA results received after processing of the J&A will be documented in the contract file. If the CO determines that those results represent significant additional information impacting the basis for the J&A, the additional information will be provided to the J&A approval authority IAW AFFARS 5306.303-291.

5306.303-290 Justification Review Document.

(90) For Science and Technology (S&T) acquisitions which require SPE

approval,

the Technical Executive Officer (TEO) will coordinate on the JRD.

(91) The JRD will be substantially the same as shown in Figure 5306-4.

(92) For J&As exceeding $100,000, where the Competition Advocate is not the approval authority, Competition Advocate coordination is required.

5306.303-291 Changes.

(b)(90) Two or more requirements which each had a separate J&A prepared and approved may be combined into a single contract/contract action. If the cumulative dollar value for the combined acquisition exceeds the highest valued J&A's approving official's authority, the contracting officer shall submit copies of the previously approved J&As with a cover letter requesting reapproval from

appropriate higher authority. If the combined acquisition requires SPE approval,Πprepare a single part J&A and process in accordance with AFMCFARS 5306.304.

5306.304 Approval of the justification.

(a)(3) For Other Contracting actions, the following designees with power of

redelegation are authorized to approve justifications provided they meet the requirements specified in AFFARS 5301.601-91(a).

(i) Logistics Center/CC or CV. (ii) Product Center/CC or CV. (iii) PL and RL/CD.

AFMCAC 94-3 30 April 1994 6.3-3

(iv) AFDTC and AFFTC/CC or CV.

(v) AFOSR/CC.

(vi) SMC/CC or CV for BMO.

(vii) ASC/CC or CV for WL.

(viii) HQ AFMC/PK for AEDC and AGMC.

(90) For Other Contracting actions, the SCCO/SLCO shall coordinate on J&As over $1M. AFOSR/PK will coordinate as the SCCO.

(4)(90) For Other Contracting actions, coordinate all justifications requiring approval by the SPE or Deputy Assistant Secretary (Acquisition) with the SCCO/SLCO before submittal to SAF/AQCS. AFOSR/PK will coordinate as the

SCCO.

(91) Forward the HQ AFMC/PK copy to HQ AFMC/PKA. HQ AFMC/PKA will

monitor

the

J&A progress and status while at SAF and assist in the resolution of any comments that result.

(iv) For Other Contracting, the applicable official identified in AFMC 5306.304(a)(3) shall sign the J&A.

INTERNATIONAL AGREEMENT COMPETITIVE RESTRICTIONS

I. ORGANIZATION: AFMC Contracting Activity (include base name and zip

code)

PCO's Name/Office Symbol/Phone Number (DSN)

PR Number (If desired)

II. DESCRIPTION OF REQUIREMENT:

- Narrative description to include estimated cost.

III. NATURE/DESCRIPTION OF THE ACTION:

- Include contract type, period of performance, cost and schedule, and

rationale.

IV. STATUTORY AUTHORITY: 10 USC 2304(c)(4) as implemented by FAR

6.302-4,

International Agreement.

V. APPLICABILITY OF AUTHORITY:

- Include statement that the cited exception is applicable becauseΠ............(LOA #, treaty, agreement, etc.) dated ..... directed that the requirement be obtained from ......... NOTE: Provide a copy of the page(s) of

the agreement, treaty, or written directions that has the effect of restricting

competition by the requirements activity and attach them to the IACR.

VI. CONTRACTING OFFICER & TECHNICAL/REQUIREMENTS

PERSONNEL

CERTIFICATION:

The

Contracting Officer's signature evidences that he/she has determined the IACR to be both accurate and complete to the best of his/her knowledge and belief. The Program Manager's/requirements personnel's signature evidences that any

supporting

data contained in the IACR, which is his/her responsibility, is both accurate and complete.

Figure 5306-1

AFMCAC 96-1 31 October 1995 7.1-1

PART 5307--ACQUISITION PLANNING

SUBPART 5307.1--ACQUISITION PLANS

5307.102 Policy.

Timely acquisition planning is the first critical step to be taken by the Single Manager (SM) or Functional Director (FD) of the requirements organization (for Other Contracting actions including operational contracting requirements) and the PCO, to definitize program objectives and ensure that an appropriate strategy is selected to meet these objectives.

5307.103 Agency-head responsibilities.

(c)(90) Market surveys.

(i) Market surveys will be conducted on all acquisitions over the simplified acquisition threshold except:

(A) where adequate and effective competition exists, or

(B) the circumstances of the acquisition preclude the success of an advance survey, such as when the acquisition is Foreign Military Sales (FMS) country directed, or when the acquisition will be under exception of FAR 6.302-2 to full and open competition, or when there is only one responsible source and the basis for that determination precludes identification of any other sources (e.g., proprietary data or no data available).

(ii) On acquisitions over $500,000, all feasible action will be taken to identify additional sources. As a minimum, an advance sources sought synopsis will be issued and the results documented whenever practicable. The survey should be adequate to provide reasonable assurances that the market place does not contain additional potential sources which would allow for a more competitive acquisition strategy.

(e)(90) Written APs for Other Contracting actions below SPE approval threshold will not be required for the following, however the basic principals of acquisition planning described in this subpart should be considered:

(i) Recurring requirements for special programs covered by AF Sup 1 to DoDI 5000.2 for which a class J&A has been approved.

(ii) Replenishment parts as defined by AFI 23-108, except for those replenishment buys that involve design, development, verification testing and approval before start of production.

(f)(90) The SM/FD will ensure that representatives from the pricing office, the Small Business Office, the Competition Advocate and Reliability and Maintainability offices, as appropriate, are involved in development of the AP and that input is obtained from the organization responsible for contract administration at the procuring activity.

(g)(1)(90) For Other Contracting, all APs exceeding $15 million shall beΠcoordinated with the Senior Center Contracting Official (SCCO) or Senior Laboratory Contracting Official (SLCO).

(g)(1)(91) For Other Contracting actions, the Center Commander shall approve

all APs below the SPE threshold but may redelegate approval authority below $25 million.

(g)(1)(92) Other Contracting actions, processed under the authority cited in FAR 6.302-2 and not requiring SPE approval in accordance with AFFARS

5307.104-90(b)(1)

and (4),

shall be documented in an Acquisition Summary using the format

provided at 5307.105(b)(90).

AFMCAC 96-1 31 October 1995 7.1-2

(g)(5)(90) For Other Contracting actions, APs requiring SPE approval shall also be signed by the SCCO or SLCO. In addition, the Center Commander shall also

sign

the AP before submitting the AP for SPE approval.

(g)(8)(90) AP updates. AP updates are processed after AP approval has been obtained. The PCO and SM/FD shall revise the AP (for informational purposes

only)

to describe minor administrative program changes that make the AP no longer reasonably and fairly descriptive of the acquisition. For example, change in the item description, nomenclature, or other administrative matters. AP updates should include a clear description of each changed sentence or paragraph; an explanation of the reason and significance of the change; and AP replacement pages.

(g)(8)(91) AP amendments. AP amendments shall be processed after AP approval when significant program changes occur which exceed authority granted in the

FAAA.

Examples include but are not limited to changes in contract type, significant changes in quantity, changes in scope or work required, period of performance or funding requirements. AP Amendments should also be processed to satisfy exceptions noted in the FAAA in accordance with AFFARS 5306.304(a)(4)(90).

AP

Amendments must contain:

(A) A signed cover sheet (Figure 7.1) with the basic AP number and sequential amendment number designation;

(B) For minor revisions, a clear description of each changed sentence or paragraph; an explanation of the reason for and significance of the changes; AP replacement pages;

(C) For major revisions, an entire amended AP; a "Changes Made by Amendment

X to AP Y" document summarizing the changes.

AP updates and amendments for Major/Selected, Other Programs and Other

Contracting

actions requiring SPE approval should be sent directly to SAF/AQCS with a concurrent copy to HQ AFMC/PKA. Contracting activities shall send Other Contracting AP updates and amendments to HQ AFMC/PKA.

5307.105 Contents of Written Acquisition Plans

(a)(90) Preparation of acquisition plans.

(i) Cover sheet. The first page of each AP shall be a cover sheet. Figure

7.1 illustrates the format of the AP cover page to be used. Only the signatures

shown in this format shall appear on the cover page. Other coordinatingΠactivities, such as the Competition Advocate or Legal, should appear on page 2. (ii) Ensure consistency of the AP with the acquisition strategy approved by

the ASP. Highlight and justify differences.

(a)(1) Statement of need. Before addressing the statement of need required by

FAR 7.105(a), describe the program, item or system being acquired. Identify:

program authority, such as Program Management Directive (PMD); program

element;

system project number and title; unclassified nicknames; category; and precedence

rating. Include the following items, regarded as significant, in AFMC APs

required by AFFARS 5307.103(c).

(i) A complete description of the supplies or services including Group "A" and "B" kit buys for modification programs. Identify the SM and/or Item

Management

Specialists location(s) and the responsible contracting activity or activities.

AFMCAC 96-1 31 October 1995 7.1-3

(ii) If there were previous problems, the AP should assess the possibility of the same problems impacting the current acquisition and any action being taken to preclude their recurrence.

(a)(3)(90) Cost. Address in general terms how the price will be determined fair and reasonable. If adequate price competition or another exception listed in FAR 15.804-3 is anticipated, identify in general terms any data needed for cost realism analysis or to support a price analysis. DoDD 5000.28, Design to Cost, Life Cycle Cost, and Should Cost need not be addressed in APs for efforts which have no direction for phasing into a system or full scale development and/or production.

(b)(2)(90) Competition. If the acquisition requires a J&A (FAR 6.303-1), the AP competition portion should only contain a reference to the J&A (which must be included as an attachment to the plan). When approved, reference and attach the complete J&A document in lieu of the preliminary document. Do not include any other information in this part of the AP.

(b)(4) Contracting considerations.

(90) Determine whether any special administration (e.g. retention of normally delegated functions, delegation of additional duties, or handling of special circumstances) is needed, and describe actions to be taken to meet these needs. State whether or not a Memorandum of Agreement (MOA) or Letter of Delegation (LOD) is desirable.

(91) If a waiver to cost or pricing data (Public Law 87-653) or cost accounting standards (Public Law 91-379) is required, provide a time-phase schedule for processing which permits submittal to HQ AFMC/PKF at least eight weeks before contract award.

(92) For programs lasting more than one fiscal year, include a discussion providing the rationale guiding the selection of annual or multiyear contracting techniques, if applicable. If annual contracting is to be used, explain how continuous contractual coverage will be provided throughout the program's life. For programs which are not initially compatible with multiyear contracting, identify when multiyear might be used. Rationale supporting the use of annual contracting will address why the program is not compatible with the objectives (see FAR 17.102-3) and criteria (see FAR 17.103-1(a)) governing the use of multiyear contracting. If multiyear contracting is to be used, identify whether classic or expanded multiyear techniques will be used.

(93) If the procurement is sole source, discuss whether or not selected items can be broken-out for purchase from the actual manufacturer or made competitive.

(94) Examine the type contract and rationale used. The type contract selected should be consistent with the associated risk assessment discussed at FAR 7.105(a)(7). For example, a firm fixed price contract may not be consistent with

a high technical risk. Instead, a cost or fixed price incentive contract would beΠmore appropriate. Discuss whether a draft request for proposal will be utilized to obtain contractor comments in advance of the formal RFP. If a draft RFP is to

be used, include a milestone in the milestone schedule.

(95) Options. Give option quantity and exercise time. If applicable,

state the not-to-exceed (NTE) value of any options and clearly describe the

method to obtain and validate the NTE amount.

AFMCAC 96-1 31 October 1995 7.1-4

(96) Discuss use of demonstration milestones (either with options or otherwise) as described under AFMCFARS 5317.208(90) and AFMCFARS

5317.96. Single

managers and contracting officers are encouraged to use incentives to motivate contractor performance in meeting demonstration milestones. Indicate in the AP whether such incentives will be used and how they will be structured if incentives will be incorporated in the contract(s).

(97) Address the applicability of Economic Price Adjustment clause.

(b)(5) Budgeting and funding.

(90) If plans are submitted with known shortfalls in available funding or programmed funding, identify the shortfall amounts and the actions in process to provide the difference (e.g., USAF in process of reprogramming funds to eliminate the shortfall in the current fiscal year). If multiple funds (3600, 3020, etc.) are considered for use in one acquisition or general technical area, identify on separate AFMC Form 457, Funding Summary, the effort to be funded by each type

of

fund. Explain reasons for use of 3600 and acquisition monies to fund the same

contract, and balance funding totals and breakout amounts.

(91) Include a statement whether or not full funding procedures and a phased contracting approach will be used. If they are not to be used, provide an explanation for the deviation.

(92) Include the quantity and estimated cost of each item to be purchased by fiscal year.

(93) In addition to the AFMC Form 457, provide a milestone chart depicting by appropriation and year, when each type of funds will be obligated, when it will be liquidated, and when it will be subject to cancellation.

(94) Discuss contingent liabilities such as award and incentive fees, provisioned items order definitizations, warranties, economic price adjustment clauses, contract close-out costs, disposal of GFP, etc. (emphasize expired and cancelled funds appropriation impacts throughout program execution). Describe procedures used to identify and fund unexpected shortfalls.

(b)(12) Logistics considerations.

(90) For programs/projects that will enter production of the supply system, describe supportability of the program (e.g., Integrated Logistics Support including Logistics Support Analysis (LSA), Production/Spares Acquisition, Interim Contractor Support, Support Equipment, Engineering Data).

(91) Describe the reliability and maintainability goals, including an explanation of how they were determined. A justification is required if no

improvements are expected. If warranties are not planned, include an explanation.

(b)(15) The cognizant program manager should enlist participation of environmental experts from the Environmental Management, Surgeon General,ΠSafety, Legal and other appropriate offices during the formulation of the

program acquisition strategy and the coordination of acquisition plans. For

programs involving significant ODS issues, request environmental experts to

participate as Integrated Acquisition Strategy Process Roundtable members in accordance with AFMCP 800-7 and as Acquisition Strategy Panel members in accordance with AFFARS 5307.104-91.

(17) Other considerations.

(90) Provide a discussion of reprocurement data requirements planning for the total program including major items and the overall approach for acquiring parts, components or assemblies.

AFMCAC 96-1 31 October 1995 7.1-5

(91) If an Acquisition Strategy Panel (ASP) was not conducted, the reasons for not convening an ASP must be included in the AP.

(b)(18) Milestones for the acquisition cycle. As a minimum, list milestones for actions mentioned in FAR 7.105(b)(18) and the following:

(90) Program approval. (91) Funds availability.

(92) GFP lay-in schedule (if applicable).

(93) Announcement of Award (DD-LA-(ARI) 1279 Report (see AFFARS

5305.303).

(b)(20) Attachments. The following documents should be attached to the AP.

(90) Funding Summary (AFMC Form 457)

(91) ASP meeting minutes

(92) Justification and Approval (J&A)

(b)(90) Acquisition Summary. An Acquisition Summary is required for acquisitions cited in 5307.103(g)(1)(92).

(i) An Acquisition Summary shall address, as a minimum the following:

(A) Describe in detail the supplies, services or modification being

acquired to include a statement of need and background of the program.

(B) Describe the associated risks of the program to include the technical, cost, schedule and program risks.

(C) Discuss the delivery/performance requirements.

(D) Discuss the reliability/maintainability requirements for the program as applicable.

(E) Discuss the acquisition approach (the extent to which full and open competition was sought versus sole source), any acquisition history, and proposed contracting method and type contract.

(F) Provide the estimated cost of the supply, service or modification.

(ii) Acquisition summaries shall be signed by the SM/FD, PCO and coordinated and approved in accordance with 5307.103(g)(1)(90) and 5307.103(g)(1)(91) as appropriate.Œ

NEXT PAGE IS 7.1-8A

AFMCAC 96-1 31 October 1995 7.3-1

PART 5307--ACQUISITION PLANNING

SUBPART 5307.3--CONTRACTOR VERSUS GOVERNMENT

PERFORMANCE

5307.304 Procedures.

(d)(90) After opening the sealed envelope containing the AF Form 346, Category 1 Cost Comparison, either at sealed bid opening or during negotiation procedures, the contracting officer will retain and safeguard the original AF Form 346 until contract award or cancellation of the solicitation. The Management Engineering Team (MET) will complete the original form at the contracting officer's office.

5307.305-90 Base Level Services Contracts, AFR 400-28.

When AFR 400-28 concepts are used in contracting out a Government function,

the

following applies:

(a) The contract will designate the period of time prior to the basic contract period for contractor familiarization with in-house work procedures, completion of personnel hiring, completion of training requirements necessary to take over the

function, etc., as the "Orientation Period" (AFR 400-28 formats designate "phase-in"

as an

initial period

during the basic contract period that allows a more

lenient "performance requirement").

(b) When the solicitation requires specific action by the contractor during the orientation period, the pricing schedule will include a separate line item for pricing the tasks required during the orientation period. The start of the orientation period shall be the "contract start date." A surveillance plan will

be prepared for the orientation period to include performance work statement items as required.

(c) Insert the clause at 5352.207-9001 and 5352.207-9002, in Section H, for contracts performed in Government facilities where an interruption of service could critically hinder the mission of the installation.

AFMCAC 96-1 31 October 1995 13-i

PART 5313--SMALL PURCHASE AND OTHER SIMPLIFIED

PURCHASE PROCEDURES

SUBPART 5313.1--GENERAL

Paragraph Title Page

5313.101 Definitions 13.1-1

5313.103 Policy 13.1-1

5313.104 Consolidation of small dollar requirements 13.1-1

5313.106 Competition and price reasonableness 13.1-3

SUBPART 5313.5--PURCHASE ORDERS

5313.505 Purchase order and related forms 13.5-1 5313.505-3 Standard Form 44, Purchase Order-Invoice-Voucher 13.5-1

AFMCAC 96-1 31 October 1995 15.4-5

the program technical library, if used) (see 5315.405-90(d)(2)(ii) regarding nondisclosure of information which is proprietary or would disclose an offeror's intended technical or business approach);

(C) Make an opportunity to privately discuss any comments not used; and, (D) Ensure that all offerors are fairly treated and given identical

information. Proprietary data previously disclosed by potential offerors shall not be released. If needed, hold a presolicitation conference to review and discuss DRFP responses.

(4) Where feasible, highlight changes from the DRFP to the RFP (e.g., change bars, italics, change log, etc.) to facilitate a clearer understanding of the requirements and to ensure the parties are aware of the latest changes.

5315.406 Preparing Requests For Proposals (RFPs) and Requests For Quotations

(RFQs).

5315.406-1 Uniform contract format.

(90) Page numbering.

(a) In addition to normal page numbering by section and attachments, number all RFP pages sequentially from 1 to N starting with the first RFP page. This permits offerors to determine whether or not a complete solicitation package has been received and assists the contracting activity in verifying a complete solicitation package is assembled and ready for release. The SPD (or equivalent) may waive the requirement to sequentially number solicitation pages, if such compliance would incur excessive government cost (for example, preprinted specification/drawing sets). If this requirement is waived identify on the solicitation cover page the portion(s) of the solicitation which is(are) not sequentially numbered. Document the waiver and make it part of the contract file.

(b) If additional pages must be added after sequential page numbers are

applied, use a numeric/alpha designation to number them. Example: Designate a single insert page added after page 10 as 10A; two added, insert pages will be 10A and 10B, and so on.

(c) On the solicitation cover page include a statement denoting the total number of sequential pages in the solicitation and identify pages with numeric/alpha designation. If there is a waiver to the sequential page numbering requirement (see 5315.406-1(90)(a) above), identify on the cover page the portion(s) of the solicitation which are not sequentially numbered. The requirement for numeric/alpha page numbering of changes does not apply to

portions

of solicitations which are automatically sequentially renumbered when prepared using the Menu Assisted Data Entry System (MADES) or the Automated Purchase

System

(J023).Œ

5315.406-5 Part IV Representations and instructions.

(b)(90) Section L, Instructions, conditions, and notices to Offerors or Quoters. When the solicitation includes a DD form 1423, Contract Data Requirements List, consider including language essentially the same as the provision at 5352.215-9001, Alternative Data Offer, in Section L of the solicitation to permit alternative offers which recommend consolidation/ substitution/elimination of the stated data requirements.

(91) Cross Reference Matrix.

AFMCAC 96-1 31 October 1995 15.4-7

* TO BE FILLED IN BY THE OFFEROR IN THE PROPOSAL

(7) Use the matrix during formal government reviews to determine if the solicitation is ready to be released. At a minimum; the PCO shall ensure that the Section M of the RFP does not call for the evaluation of proposal data not requested by Section L. While offerors may be evaluated based on information obtained from outside of the offerors proposal (CPAR data, preaward survey data, etc.), these areas usually require the offeror to submit some basic reference information (list of previous contracts, identification of contract administration offices, etc.) In these cases, the review must ensure that necessary reference data is requested by the RFP. In addition, the RFP should not request data in Section L for which no evaluation is described in Section M. The matrix serves as an excellent tool for making these determinations.

(8) After award, retain the matrix as a reference tool in the contract file. When contract modifications become necessary, the matrix may help in ascertaining the portions of the contract requiring change.

(b) Keep the number and details of required pricing alternatives or options to a minimum consistent with management information needs.

(c) Keep requirements for the submission of "plans" to a minimum, particularly when the potential offerors' existing management systems (e.g., C/SCSC) have been acceptable on previous contracts. Take a "zero base" approach to fully justify requested solicitation plans. That is, start with the position that no plans are to be required and fully justify each plan that is required.

5315.407 Solicitation provisions.

(90)(a) MADES solicitations only: Include the provision at 5352.215-9000,

Representations and Certifications in Section K.

(b) Solicitations for replenishment spares only: Include applicable provisions suggested in Subpart 5391, Surplus Acquisitions.

5315.408 Issuing solicitations.

(90) Solicitation Review Board (SRB). The purpose of a SRB is to review and evaluate solicitations before release to industry. Guidance on policy and procedures is in AFMCR 70-7, Solicitation Review Boards.

(91) Request for Proposal Industry Critique (OMB No. 0701-0121). Transmit

(attached to the Executive Summary Letter) the OMB approved RFP Industry

Critique

to each potential offeror for competitive RFPs, with an expected value of $10M or more. Highlight in the Executive Summary Letter that industry participation is voluntary and anonymous, if desired. Advise potential offerors that Critiques shall be returned to the designated office at the Center (outside of the program

office) to be opened not earlier than ten (10) days after contract award. AsΠsuch, responses to the critique cannot effect the outcome of the competition. Critiques, therefore, should not be used to identify material RFP problems that

effect their proposal or potential award of the contract. Material issues should be brought to the PCO's attention immediately. Contact HQ AFMC/PKP for copies

of

the RFP Industry Critique.

5315.409 Pre-proposal conferences.

(90)(a) Whenever practicable, a notice of prebid/preproposal conference should be included in the Commerce Business Daily synopsis. The notice should include date, time, location (including installation and building) and, if

AFMCAC 96-1 31 October 1995 15.6-1

PART 5315--CONTRACTING BY NEGOTIATION

SUBPART 5315.6--SOURCE SELECTION

5315.604 Responsibilities.

(a) Source selection procedures are prescribed in AFFARS and AFMCFARS,

Appendices AA and BB (AFR 70-15, Formal Source Selection for Major

Acquisitions,

and AFR 70-30, Streamlined Source Selection Procedures).

5315.605-90 The AFMC Blue Ribbon Program.

(a) General:

(1) The Blue Ribbon Program (BRP) is a best value contracting technique that provides a framework for Air Logistics Center (ALC) contracting officers to exercise business judgment in awarding contracts for Federal Supply Class (FSC) items that are normally awarded on the basis of price alone. It recognizes that among responsible offerors, varying degrees of quality and delivery performance exist and that award to the lowest evaluated price offeror is not always in the best interest of the Government. Upon application and approval, those contractors meeting the BRP criteria will be designated as Blue Ribbon Contractors (BRCs) and their designation will be considered in contract award decisions. A BRC is designated in an individual FSC and that designation is unique to each ALC.

(2) The BRP shall apply to all competitively negotiated, replenishment spare parts acquisitions in which there is a price competition, defined by FAR 15.602(a)(1), and results in firm-fixed-price contract awards. In addition, competitively negotiated acquisitions for other (non-replenishment spares) FSC items in which there is a price competition, defined by FAR 15.602(a)(1), and resulting in firm-fixed-price contract awards may use the BRP upon the Buying Office Contracting Official's (BOCO's) approval. The BRP may be used for acquisitions which are total small business set-asides, total small and disadvantaged business set-asides, and all other unrestricted procurements. It shall not be used in acquisitions designated as partial set-asides, or that use formal source selection (AFFARS Appendix AA and BB) or sealed bidding

procedures.

However, information from the Blue Ribbon Program may be considered by a Performance Risk Analysis Group in their source selection assessment of performance risk.

(3) Each ALC contracting activity shall synopsize this program in the Commerce Business Daily (CBD) at least semiannually to advise contractors of its internal procedures for submission of applications. This synopsis shall also include a list of the FSCs which the ALC manages and the number of BRCs in each

of

these FSCs. Finally, the synopsis shall include the ALC's Blue Ribbon ProgramΠMonitor's (BRPM's) name, office symbol and commercial telephone number. Other methods of advertising may be used in addition to the CBD announcements. These

include small business fairs, industry seminars, local media, and professional

organization conferences and meetings. In addition, the synopsis of contract award shall clearly identify all awards made to a BRC. On a regular basis, the BRPM should conduct a search for qualified contractors not currently certified and send a letter to the contractor(s) introducing the BRP and soliciting an application from them.

(b) Definitions:

(1) Blue Ribbon Award: A contract award made to a BRC (with or without a price differential) as a result of using the BRP evaluation procedure.

(2) Blue Ribbon Contractor (BRC): A contractor who has applied for

AFMCAC 96-1 31 October 1995 15.6-2

designation in a specific FSC, at the appropriate ALC, and been determined by that ALC's Blue Ribbon Program Panel (BRPP) to meet the BRP criteria. The contractor will be notified, in writing, of the date of this determination and subsequently receive a Blue Ribbon Contractor Certificate (BRCC). The BRC designation is for a specific FSC and is unique to the ALC that issued it--designation at one ALC does not constitute designation as a BRC for all ALCs that acquire items within that FSC.

(3) Blue Ribbon Contractor Certificate (BRCC) (AFMCVA 70-14): A certificate signed by the AFMC Commander and the appropriate ALC Commander officially recognizing a contractor which has attained a BRC designation. The certificate shall identify the ALC, the FSC, and the inclusive, continuous time period during which the contractor achieved its superior quality and delivery performance (e.g., a BRC's certificate would read 'From 16 Jan 90 To 15 Jan 91' if that BRC were initially certified 15 Jan 91 and if that BRC maintained its designation for three additional years, its latest certificate would read 'From 16 Jan 90 To 15 Jan 94). Breaks in continuous designation shall reset the time period and previous designation periods shall not be included on the BRCC. In addition, if BRCs are certified in more than one FSC, that BRC shall receive one BRCC per FSC.

(4) Blue Ribbon Contractor List (BRCL): An ALC maintained list of all

current BRCs by FSC.

(5) Blue Ribbon Program Monitor (BRPM): An individual appointed by the

ALC

Senior Center Contracting Official (SCCO) to administer that ALC's

implementation

of the BRP policy and to act as the focal point for all BRP matters at that ALC. The BRPM's responsibilities include but are not limited to: performing a preliminary review of all BRC applications for clarity and completeness; taking and maintaining minutes of BRPP meetings; notifying contractors, in writing, of all BRPP reviews and determinations; ensuring that the BRCL is expeditiously updated after every determination by the BRPP; and, making the updated BRCL readily available to all relevant ALC contracting personnel.

(6) Blue Ribbon Program Panel (BRPP): The BRPP represents the decision making forum through which complete BRC applications are evaluated and BRC

status

determined. The BRPP is also the forum that conducts the semiannual and annual performance reviews of currently designated BRCs. The panel's responsibilities may be accomplished in either of two manners. First, an actual panel can be formed and formal meetings held. If this method is chosen, the panel, as a minimum, shall consist of the ALC's BRPM; a chairperson, who is a senior contracting person appointed by the SCCO; a contracting officer or branch chief with knowledge of, or having experience with the contractor's performance in the

FSC for which application is being made; and a representative from both theΠCompetition Advocate Office and the Small Business Office. The second method consists of a review, coordination and signature process. Under this method, the

BRPM's responsibilities include a review and analysis of the contractor's BRC

application as well as coordinating this analysis with a contracting officer or branch chief with knowledge of, or having experience with the contractor's performance in the FSC for which application is being made; and a representative from both the Competition Advocate Office and the Small Business Office. After coordination, the BRPM's analysis must be approved by a senior contracting

AFMCAC 96-1 31 October 1995 15.6-3

person appointed by the SCCO. This senior contracting person cannot also be the BRPM.

(7) Buying Office Contracting Official (BOCO): See AFFARS 5302.101.

(8) Contract Delivery Schedule: A contract delivery event wherein a

specified quantity of an item is scheduled for delivery to a specific location by a specific date. It can equate to the delivery of a contract line item number (CLIN), sub-CLIN, exhibit line item number (ELIN), or an incremental delivery of any of these depending on a contract's structure.

(9) Contract Line Item Number (CLIN): See DFARS 204.7103.

(10) Defective Unit: A unit reported defective under AF Technical Order (TO) 00-35D-54, "USAF Material Deficiency Reporting and Investigating System," and closed with a Deficiency Report Investigation Code

"A"--workmanship/non-conformance,

plus stock

screening items found defective (units) and coded

contractor responsibility.

(11) Deficiency Report: A report of product deficiencies to contract technical requirements discovered on Government-owned items (formerly called Product Quality Deficiency Reports (PQDRs)). The deficiencies must be due to errors in workmanship, manufacturing, material, or nonconformance to specifications, drawings, standards, or other contract technical requirements; and attributable to the contractor. Deficiency reports are classified as either Category I or Category II deficiencies. A Category I deficiency is one which may cause death, injury, or severe occupational illness; may cause loss or major damage to a weapon system; may directly restrict the combat readiness capabilities of the using organization; or may result in a production line stoppage. A Category II deficiency is any deficiency which does not meet the Category I criteria. Reference AFR 74-6.

(12) Exhibit Line Item Number (ELIN): See DFARS 204.7105.

(13) Federal Supply Class (FSC): A homogeneous grouping of commodities, in respect to their physical or performance characteristics, utilizing a four-digit coding structure (for example, FSC 1560, Airframe Structural Components). See Federal Supply Cataloging Handbooks H4 and H8 for additional information.

(14) Materiel Group Manager (MGM): See AFMCFARS 5302.101, Definitions. (15) Price Differential: The absolute dollar difference between the

evaluated price of the low non-BRC offeror and the evaluated price of the low BRC offeror when the BRC's offer is not the lowest evaluated price.

(16) Product Group Manager (PGM): See AFMCFARS 5302.101, Definitions. (17) Required Documentation--The AFMC Form 235, Best Value Award

Decision:

Whenever a BRC designated within the FSC for which the contract line items are

being procured submits a proposal in response to a solicitation that contained theΠBRP provisions, the contracting officer is required to use this form and to include it in the contract file. Regardless of which offeror is selected for

award, the contracting officer shall provide detailed rationale that supports the best value contract award decision.

(18) Senior Center Contracting Official (SCCO): See AFFARS 5302.101.

(19) Sub-Contract Line Item Number (sub-CLIN): See DFARS 204.7104. (20) System Program Director (SPD): See AFFARS 5302.101.

(21) System Support Manager (SSM): See AFFARS 5302.101.

AFMCAC 96-1 31 October 1995 15.6-5

they have the data available to support their application. Applications submitted with an offeror's proposal will be forwarded to the BRPM to initiate the evaluation process. Contract awards will not be delayed in order to process BRC applications. A contractor must be designated as a BRC before the contract award date to receive BRC consideration in the evaluation process. Application instructions can be obtained from the BRPM at each ALC.

(2) Application Requirements: Contractor applications must provide the information listed below for performance within a specific FSC at the appropriate ALC. Applications that do not contain the required information shall not be processed until the necessary information is received from the contractor.

(i) Identify the FSC for which the application is submitted.

(ii) Provide the following information for at least three completed CLINs, not sub-CLINs, within that FSC during the past 36 months (the cumulative dollar value of these completed CLINs must meet or exceed $50,000).

(A) Contract number.

(B) Date of award.

(C) Nomenclature and National Stock Number (NSN).

(D) Total contract price.

(E) CLIN number.

(iii) The contractor shall provide the following information on all contract delivery schedules completed during the most recent 12 months within that FSC. The relevant time period is the 12 months preceding the date of the application's submission.

(A) Contract number and total number of contract

modifications.

(B) Nomenclature and NSN.

(C) Number of units required.

(D) Number of units delivered.

(E) Contract delivery schedule date(s).

(F) Actual delivery date(s).

(G) Dollar value of units delivered.

(iv) Finally, identify all deficiency reports received which are coded type

"A" for the most recent 12 months preceding the date of the application and

provide the following information:

(A) Nomenclature and NSN.

(B) Number of deficiency reports per NSN.

(C) Total number of units identified as defective on each deficiency

report.

(D) Deficiency report number for each instance identified in (B) above.

(3) BRPM Preliminary Review. BRPMs shall perform a preliminary review of

all

BRC applications for clarity and completeness. The BRPM may return applicationsΠthat do not contain the required information but shall explain to the contractor, in writing, the application's deficiency(s). This letter can request additional

information, when necessary. The BRPM shall only submit complete applications for

BRPP review. The BRPM will notify a contractor when an application is complete and has been forwarded to the BRPP for review.

This notification can be done by telephone and annotated in the contractor's

application file.

AFMCAC 96-1 31 October 1995 15.6-7

BRCL in case of a suspension or debarment of the business entity, as identified by the CAGE code. Any other decisions to remove a BRC from the BRCL out of cycle

to

the normal review process must first be coordinated with HQ AFMC/PKP and

approved

by the center SCCO.

(1) Semiannual Review. At this review, if the BRPP believes that a BRC's performance has declined to the point that the BRP designation criteria may no longer be met by the time of the annual review, the BRPM shall notify the contractor in accordance with 5315.605-90(e)(1). This notice will advise the BRC of its declining performance and the potential removal of the contractor's BRC status after the BRPP's annual review. A contractor may be removed from the

BRCL

at this semiannual review if the BRPP determines that there has been a significant decline in a BRC's performance. To accomplish this, the BRPM shall follow the process outlined in 5315.605-90(e)(1) and (2). Any one of the following constitutes a significant performance decline in the FSC within which the BRC is designated:

(i) Delivery performance under 85 percent.

(ii) Default of one or more of the contracting activity's contracts.

(iii) Any in-plant quality problem affecting the FSC in which the BRC is currently designated which results in the BRC being listed on the DLA Contractor Alert list.

(iv) Other documented evidence of significant performance decline within the designated FSC.

(2) Annual Review. The BRPP will conduct this review with the same thoroughness as the initial application evaluation. The contractor will not be required to submit a new application or any data. If the BRPP believes that a contractor no longer meets all the BRP designation criteria, the BRPM shall follow the contractor notification, reclama and appeal process at 5315.605-90(e)(1) and (2).

(g) Solicitation Provisions:

(1) The BRP solicitation provisions shall be included in all competitively negotiated, replenishment spare parts solicitations expected to result in

firm-fixed-price

awards. In

addition, these solicitation provisions may be included,

upon BOCO approval, in any other competitively negotiated, defined by FAR 15.602(a)(1), solicitations for FSC items. Whenever the BRP solicitation provisions are used, a copy of the solicitation shall be sent to all BRCs in an FSC, unless it is known that a BRC does not produce the item(s). If a

solicitation is not sent to a BRC, the contracting officer shall document the fileΠwith appropriate justification. (2) Each BRP solicitation will contain two standard solicitation provisions.

Section L will include the AFMCFARS solicitation provision 5352.215-9003, "The

AFMC Blue Ribbon Program." This solicitation provision provides an overall

summary of the program, the BRC designation criteria and instructions to potential offerors on how to apply for the designation. Section M will contain the

AFMCFARS

solicitation provision 5352.215-9004, "The AFMC Blue Ribbon Program -

Evaluation

Factors for Award," which describes the BRP evaluation and award decision

process.

(3) The synopsis of the proposed contract action will state that:

(i) The solicitation will contain the BRP solicitation provisions.

(ii) Under the BRP, price and designation as a BRC in the appropriate FSC will be evaluated and considered in the contract award decision.

AFMCAC 96-1 31 October 1995 15.8-1

PART 5315--CONTRACTING BY NEGOTIATION

SUBPART 5315.8--PRICE NEGOTIATION

5315.802 Policy.

(b)(90) AFMC policy is to ensure that contracting personnel are sufficiently familiar with the material characteristics of the requirement to effectively represent the Government in the acquisition process. For replenishment spare parts, each Air Logistic Center Senior Center Contracting Official is responsible for establishing a comprehensive Know Your Item program. The program will

provide

adequate item description data to contracting personnel and ensure that they are trained on the effective use of that data.

5315.803 General.

(b) For production programs, consider work measurement data, make-or-buy

strategy, as well as projected productivity improvements.

5315.804-3 Exemptions from or waiver of submission of certified cost or pricing data.

(b)(1)(90) To meet the adequate price competition test, cost or price need not be the primary criteria in the evaluation of the proposal, however, it must be a substantial factor. Cost or price is considered substantial even if it is not formally weighted or scored. Cost or price may be considered substantial if:

(i) It is superior in order of importance to any other significant

evaluation criteria; or

(ii) The selection will be based on the most advantageous offer, cost or price, or other factors considered, and the organization of the criteria suggests that cost or price, though not necessarily the determinative factor, will contribute substantially to the selection decision.

(2)(90) Adequate price competition would not exist and certified cost or

pricing data would be required if:

(i) The initial price (including any options which are priced and evaluated) is relatively small in relation to the life cycle cost and the decision will be based upon life cycle cost; or

(ii) An offeror has proposed a technical effort so superior that it effectively eliminates all others from being selected for award; or

(iii) Offerors propose significantly different technological or design solutions to the same performance specification which make cost/price comparison impossible.

(3)(B)(1) In dual or multiple source programs, if either or both sources are

assured a minimum quantity, certified cost or pricing data shall be requested forΠthe minimum quantity. (90) Source Selections. The PCO's initial decision, that certified cost or

pricing data will not be required in source selections due to the anticipation of adequate price competition, must be reevaluated throughout the source selection process. Confirmation of the decision should take place at a minimum, after the realism analysis, when the competitive range is determined, and after discussions and Best and Final Offer submission. The PCO's written

AFMCAC 96-1 31 October 1995 15.8-6

price negotiation memorandum per 5315.808(a)(9)(vi). PCOs shall review all negotiated prices to identify any items that may warrant further analysis based on its apparent value.

5315.805-2 Price Analysis.

Price analysis shall be required as stipulated in FAR 15.805-1(b).

(b) To utilize a previous price for comparison purposes, the previous price must have been determined reasonable based on adequate price competition, cost analysis, a commercial/market price, or a General Services Administration schedule. A prior price which was determined reasonable by comparison to another prior price is not a valid comparison base. However, historical comparisons for central spares must include "any" price paid within the most recent 12 month period as required by DFARS 217.7504, Limitations on price increases. Document historical comparisons in the price negotiation memorandum in accordance with 5315.808(a)(9)(vi).

5315.805-5 Field Pricing Support Personnel.

(c)(1) All AFMC buying offices will use the field pricing support activities, including DCAA, in the most effective manner. The circumstances for each acquisition must determine how field pricing support assistance should be used. The following actions are required:

(i) Advance Notification. Initiate field pricing requests as soon as it is determined that a report will be needed. In addition to the solicitation information required by FAR 15.805-5(c)(1), advise the ACO of the date the proposal is expected from the contractor and whether a copy will be furnished directly.

(ii) Tailored Requests. Buying activities must take full advantage of the unique location, knowledge and experience of field pricing support activities, as well as DCAA. However, full reviews of the complete proposal are not necessary in every case. Savings may be possible in both administrative costs and time. Requests should be limited to information and analyses unavailable to the buying office. Immediately upon receipt, make a preliminary review of the proposal to decide if it is generally acceptable and if field support requests can be "tailored." If so, inform the ACO (copy to auditor) of the specific areas of concern, other updated information, and any modification of the required due date previously set by the advance request. Make the decision whether or not (and how) to tailor the request for field pricing support only after considering the most effective use of each particular talent/location while balancing the need for high-quality pricing against the possibility of wasteful duplication of effort. Open direct lines of communication on these issues early in each acquisition cycle and keep active until negotiations are complete. (NOTE: In addition to

stipulating "specific areas" (tailoring), complete waiver of field pricingΠsupport is permissible in certain cases (FAR 15.805-5(a)(1).) (iii) Documentation. Document reasons for total waiver of field pricing

support.

(iv) Coordinated Requests. For acquisitions where a buying activity staff

price analyst participates in the analysis and negotiation, coordinate the

preceding matters with the staff pricing organization.

AFMCAC 96-1 31 October 1995 17-ii

SUBPART 5317.92--SPECIAL CONTRACTING METHODS FOR PROTECTION OF PRODUCTION DELIVERY SCHEDULES

5317.9200 Deleted in its entirety. 17.92-1

SUBPART 5317.93--ASSOCIATE CONTRACTOR AGREEMENTS

5317.9300 Scope. 17.93-1

5317.9301 Definitions. 17.93-1

5317.9302 Applicability. 17.93-1

5317.9303 Procedures. 17.93-1

SUBPART 5317.94--FAST TRACK, HIGH GEAR, AND QUICK

REACTION CAPABILITY (QRC) METHODS OF CONTRACTING

Paragraph Title Page

5317.9400 Definitions. 17.94-1

5317.9401 General. 17.94-1

5317.9402 Applicability. 17.94-1

5317.9403 Authorization. 17.94-1

5317.9404 Limitations. 17.94-1

5317.9405 Procedures. 17.94.2

5317.9406 Reporting. 17.94-3

SUBPART 5317.95--RESERVED

SUBPART 5317.96--STRUCTURING AND INCENTIVIZING

DEMONSTRATION MILESTONES

5317.9601 Policy. 17.96-1

5317.9602 Procedures. 17.96-2

5317.9603 Examples. 17.96-3

AFMCAC 96-1 31 October 1995 17.74-1

PART 5317--SPECIAL CONTRACTING METHODS

SUBPART 5317.74--UNDEFINITIZED CONTRACT ACTIONS

5317.7401 Definitions.

The purpose of the following cross reference matrix is to identify other areas containing policy and procedures related to undefinitized contractual actions. Use this cross-reference as a guide only. An asterisk following a reference cite denotes the definition location of the term.

TOPIC REFERENCES

Basic Ordering Agreement (Unpriced Orders) FAR 16.703

16.703(a)*

16.703(d)(3)

DFARS 216.703

AFFARS 5316.703(d)

Change Orders FAR 43.101*

43.2

DFARS 243.2

AFFARS 5343.205

AFMCFARS 5343.2

Delivery Schedule Protection UCA AFMCFARS 5317.92

(Long Lead Contracting)

Deobligation of Funds AFMCFARS 5317.7404-2

Letter Contracts FAR 16.603.1*

DFARS 216.603

AFFARSΠ5316.603-2

AFMCFARS 5316.603-3 and-4

Price Ceiling DFARS 217.7404-2

Provisioned Item Orders DFARS 217.7601*

AFFARS 5317.7602

AFMCFARS 5317.7602-90

Undefinitized Supplemental Agreement AFMCFARS 5343.204

5317.7402 Exceptions.

(a) Work requests issued by an ACO or a PCO under fixed-price contracts in

which the PCO obligated funds for labor, material and services for later authorization by the ACO, are not classified as Undefinitized Contractual Actions (UCAs). Work requests are subject to the limitations specified in 5343.290-1.

AFMCAC 96-1 31 October 1995 17.92-1

PART 5317--SPECIAL CONTRACTING METHODS

SUBPART 5317.92--SPECIAL CONTRACTING METHODS FOR

PROTECTION

OF PRODUCTION DELIVERY SCHEDULES

5317.9200 Deleted.

5317.9201 Deleted.

5317.9202 Deleted.

5317.9203 Deleted.

5317.9203-1 Deleted.

5317.9203-2 Deleted.

5317.9203-4 Deleted.

5317.9204 Deleted.

5317.9204-1 Deleted.

5317.9205 Deleted.

5317.9206 Deleted.

AFMCAC 96-1 31 October 1995 17.94-1

PART 5317--SPECIAL CONTRACTING METHODS

SUBPART 5317.94--FAST TRACK, HIGH GEAR, AND QUICK REACTION

CAPABILITY (QRC) METHODS OF CONTRACTING

5317.9400 Definitions.

(a) Fast Track and High Gear authorize relief from certain standard contract processing requirements to expedite contract award for designated acquisitions.

(b) Quick Reaction Capability (QRC) is an Air Force designated Electronic

Combat (EC) (electronic warfare, reconnaissance, intelligence, and defense

suppression) program.

5317.9401 General.

(a) These efforts differ from conventional procedures due to the nature of many purchases that may require expeditious processing. These characteristics may be user priority, the relative dollar amount, requirement complexity, repetitive aspects, supply source, contract type and so forth.

(b) The understanding of, and agreement to, these procedures, i.e., requirements activities, review functions, pricing, and staff judge advocate personnel, is essential to their success.

(c) Fast Track, High Gear, and QRC contracting are distinct methods and are not related to emergency contracting procedures authorized by FAR 6.302-2, Unusual

and

Compelling Urgency.

5317.9402 Applicability.

These procedures apply to all Fast Track, High Gear, and QRC Major/Selected contract actions less than $5 million and Other Contracting actions regardless of dollar value.

(a) Fast Track procedures may be used for any acquisitions, except base contracting actions, when the PCO has specific information which will offset the need for extensive in-house or field pricing support, enable on-schedule technical evaluations or permit waiver or avoidance of other extensive or prolonged contracting support functions.

(b) QRC procedures apply to all Air Force Materiel Command activities providing contract support for EC activities under the provisions of AFR 57-5. (c) High Gear procedures shall be used for any acquisitions designated by the HQ AFMC Commander within the limitations stated in 5317.9102.

5317.9403 Authorization.

(a) Other Contracting requirements may be designated Fast Track according to the delegated levels of business clearance approval authority in 5301.9090-1.

(b) The HQ AFMC Commander shall designate requirements as High Gear,Πregardless of dollar value.

5317.9404 Limitations.

Once an acquisition is designated as Fast Track or High Gear, it can only be withdrawn by a person no lower than the original approval authority. The decision

to remove an action shall be documented in the contract file.

AFMCAC 96-1 31 October 1995 17.94-2

5317.9405 Procedures.

Acquisitions identified for these methods shall use the following procedures: (a) Fast Track/High Gear.

(1) Planning. Conduct a pre-fiscal year meeting to explore the fiscal year requirements and identify the Fast Track candidates. Also consider Fast Track for each requirement throughout the fiscal year and reconsider any Fast Track requirements where the original circumstances have changed.

(2) Agreement. Develop a memorandum of agreement or other formal understanding with other offices or agencies. Develop a regulation or office instruction for in-house activities.

(3) Identification. Use AFMC Form 748, Fast Track Contracting Action (Cover Sheet), to identify Fast Track packages. Use a distinct cover sheet to identify High Gear packages.

(b) QRC.

(1) Use Fast Track procedures whenever possible. If a letter contract is needed to meet the contract deadline, make normal post award contract reviews. (2) Report QRC contracts unless contract sensitivity precludes its use. In this case, assign very limited roles to CAOs, for example, quality assurance only or QA property only, but retain payment at the buying activity. (c) Reviews. Accomplish an expeditious legal review. Waive field audit reviews except rate and factor verification. Conduct technical review within one week for noncompetitive and two weeks for competitive acquisitions. Fast Track and High Gear acquisitions shall not be reviewed above the business clearance approval level (excluding legal review).

(d) Solicitations. Consider and use master solicitation procedures (DFARS 214.270) as applicable. Prior release of the statement of work, specifications, contract data requirements list, and any pertinent special provision on a DRFP basis (5315.405-1(90)) is encouraged. To expedite solicitation release, process the Sources Sought Synopsis before purchase request receipt. Establish a close working relationship with the customer so that the Sources Sought Synopsis (if applicable) can be worked while the purchase request is being drafted.

(e) Documents. Expedite documents (RFP and resulting contract).

(f) Proposals. Limit contractor proposal preparation time to 30 days (For R&D efforts, 45 days).

(g) Business and Contract Clearances. For Major, Selected, and Other Program Fast Track and High Gear contract actions of less than $5M, follow the procedures outlined in AFFARS 5301.9006-3(c). For Other Contracting contract actions follow the procedures outlined in 5301.9007.

(h) Negotiations. Whenever possible conduct telephone negotiations. Highlight in the RFP the provision to award the contract without discussion or negotiation.

(i) Price Negotiation Memorandum. Develop and use standard price negotiationΠmemorandum formats. (j) Comply with undefinitized contract actions and DD Form 350 reporting after

the fact for Fast Track/High Gear and QRC programs except as indicated in (b)(2)

above.

AFMCAC 96-1 31 October 1995 17.94-3

(k) Documentation. Document each Fast Track contract file with a contracting officer memorandum addressing both the rationale for the Fast Track decision and the audit waiver. Document each High Gear contract file with a copy of the official correspondence designating the program as High Gear and rationale for any waived audits.

5317.9406 Reporting.

Report separately and quarterly lead time statistics for Fast Track, QRC, and High Gear actions according to AFMCR 70-6.

AFMCAC 96-1 31 October 1995 23.9-1

PART 5323--ENVIRONMENT, CONSERVATION, OCCUPATIONAL

SAFETY,

AND DRUG-FREE WORKPLACE

SUBPART 5323.91--ENHANCED PHYSICAL SECURITY OF PRODUCTS

5323.9101 General.

If the Program Management Directive (PMD) requires enhanced physical security measures to ensure the protection of a specific contractor product, the additive price will be determined from the contractor(s) proposal. Before contract award, the program manager and the field activity security office chief or designee will perform a cost benefit analysis. The program manager can then decide whether enhanced physical security is needed for the product.

5323.9102 Policy.

(a) When the PMD requires enhanced physical security for a product, the provision at 5352.223-9000 "Proposed Cost of Enhanced Physical Security of Products" shall be included in Section L of the solicitation.

(b) If, based upon a cost/benefit analysis, the program manager decides that it is appropriate to provide enhanced physical security for a product, the contracting officer shall include the clause at 5352.223-9001 "Enhanced Physical Security of Products" in Section I of the contract.

5323.9103 Procedures.

When the PMD requires enhanced physical security for a contractor product(s), the program manager will have the field activity security office chief or designee give the contracting officer a description of the guidelines to be used by the contractor in preparing a physical security system plan for the product(s).

AFMCAC 96-1 31 October 1995 25-i

PART 5325--FOREIGN ACQUISITION

SUBPART 5325.1--BUY AMERICAN ACT - SUPPLIES

Paragraph Title Page

5325.102-90 Format for nonavailability determination. 25.1-1

SUBPART 5325.3--BALANCE OF PAYMENTS PROGRAM

5325.302 Policy. 25.3-1

SUBPART 5325.902--INCONSISTENCIES BETWEEN ENGLISH

VERSION AND TRANSLATION OF CONTRACT

5325.902-90 English Language Requirements. 25.9-1

SUBPART 5325.70--AUTHORIZATION ACTS, APPROPRIATIONS ACTS,

AND OTHER STATUTORY RESTRICTIONS ON FOREIGN PURCHASES

5325.7002-2 Exceptions 25.70-1

5325.7011 Restriction on strategic defense initiative 25.70-1

research, development, test, and evaluation.

5325.7011-1 Definitions. 25.70-1

5325.7011-2 Restrictions. 25.70-1

5325.7011-3 Exceptions. 25.70-1

5325.7011-4 Procedures. 25.70-1

SUBPART 5325.73--ACQUISITIONS FOR FOREIGN

MILITARY SALES

5325.7300-90 Foreign taxes, duties, and similar charges. 25.73.1

SUBPART 5325.91--FOREIGN DISCLOSURE REVIEWS

5325.9100 Scope of part. 25.91-1

5325.9101 Policy. 25.91-1

5325.9102 Applicability. 25.91-1

SUBPART 5325.92--SHIPMENTS ORIGINATING OVERSEAS

5325.9200 General. 25.92-1

5325.9201 Solicitation provisions and contract clauses. 25.92-1Π5325.9202 F.O.B. points. 25.92-1

AFMCAC 96-1 31 October 1995 25.9-1

PART 5325--FOREIGN ACQUISITION

SUBPART 5325.902--INCONSISTENCY BETWEEN ENGLISH VERSION

AND TRANSLATION OF CONTRACT

5325.902-90 ENGLISH LANGUAGE REQUIREMENTS.

The Contracting Officer shall insert the clause, English Language Requirements, 5352.225-9006, in Section C of all solicitations and contracts with deliverable documents.

AFMCAC 96-1 31 October 1995 27.4-1

PART 5327--PATENTS, DATA, AND COPYRIGHTS

SUBPART 5327.4--RIGHTS IN DATA AND COPYRIGHTS

5327.403 Data Rights--General

5327.403-70 Procedures for establishing rights in technical data. (90) Review and challenge of proprietary rights claims.

As described below, notify the contractor that the Government may disregard

markings not specified by the contract. Use the following procedures to challenge limited rights claims when the contract has been closed out. These procedures apply to all contracting activities.

(a) During the screening process contemplated by DAR Supplement No 6, the activity shall review the associated data to determine if limited rights claims exist.

(b) The activity shall determine if limited rights claims constitute the only impediment to breakout and whether the limited rights claims are probably justified.

(c) If it is determined that limited rights legends are the only impediment to breakout and may not be justified, the activity Engineering Data Support Center (EDSC), in consultation with the USAF EDSC (2750 ABW/ED), will determine if

the

limited rights have been previously challenged or if limited rights legends have been removed. If limited rights legends have previously been challenged and determined to be authorized, the activity may issue a letter which asks the contractor to voluntarily authorize the removal of the limited rights legend. If limited rights legends remain, the activity shall prepare and a PCO shall sign a prechallenge letter. The letter will give the contractor the option of voluntarily authorizing the removal of the limited rights legend or providing a short statement of facts as to why the limited rights legend is appropriate and should not be removed.

(d) The activity shall review the responses to the prechallenge letter as well as any other relevant information. During the prechallenge review, the activity will specifically consider: whether the engineering data or item to which it pertains is sold commercially such that the open market will determine a fair market price; whether the item will be broken out; the likelihood that the data was brought to the point of building and testing a

prototype without any Government funding; and the benefits versus the cost of litigation. In addition, other factors that could be considered during the prechallenge review include, but are not limited to: the age of the data, success with similar challenges registered with the contractor, and elapsed time since a previous challenge with the contractor.

(1) If the contractor authorizes the removal of the limited rights legend orΠif the information provided by the Contractor supports the limited rights claim, the activity EDSC will furnish copies of the correspondence to 2750 ABW/ED so

the

Master Engineering Data Record file can be updated. In the latter case, the data

will continue to be treated as proprietary.

AFMCAC 96-1 31 October 1995 35.0-2

(ii) Specify points of contact by name, telephone number, and office symbol, where interested parties can get generally available technical, contractual and cost or pricing information;

(b)(90)(5)(i) Be prepared in synopsis format in accordance with FAR 5.207(b), (d), and (f);

(ii) Not contain: certifications and representations; solicitation provisions (other than incorporated in statements required by FAR 35.016(b) or other absolutely necessary solicitation guidance; or contract clauses;

(b)(90)(6) Include the following statements in the announcement:

(i) "No further evaluation criteria will be used in selecting the

proposals."

(ii) "Refer to the `Proprietary Information' and `When and How to Submit' sections of Air Force Materiel Command Unsolicited Proposal Guide, from each activity's publication distribution office. The AFMC Form 91 is not applicable to BAAs." Contracting activities may also refer to local proposal preparation guides or instructions, provided they are in compliance with this section.

(iii) "Responses should reference the above number", and include a unique identification number.

(iv) "The cost of preparing proposals in response to this announcement is not an allowable direct charge to any resulting contract or any other contract, but may be an allowable expense to the normal bid and proposal indirect cost in FAR 31.205-18."

(v) "Only contracting officers are legally authorized to commit the government."

(90) Preannouncement Requirements. Before a BAA is published:

(a) The requiring activity shall describe in writing:

(1) The broadly defined areas of potential research exploration;

(2) The criteria and procedures to be used to evaluate and competitively select proposals for award;

(3) The proposed cutoff time by date or in terms of days after announcement if needed; and

(4) By use of the DD Form 1630 (Research and Development Capability Index, Scientific and Technological Fields of Interest), the technology areas considered applicable to the requirements (if the areas are on the DD Form 1630).

(b) The Laboratory Commander, or a designee (not below a Colonel or GM-15) and Senior Center Contracting Official, or a designee, shall coordinate on the requirements and document in the file that the announcement is appropriate.

(c) The requiring activity may be required to submit a planning (unfunded) purchase request to the PCO.

(91) Announcements.

Transmit announcements to the CBD according to FAR 5.207(a) and concurrently mail to sources identified by the SADBUS and the requiring activity.Œ

AFMCAC 96-1 31 October 1995 36-i

PART 5336--CONSTRUCTION AND ARCHITECT-ENGINEER

CONTRACTS

SUBPART 5336.2--SPECIAL ASPECTS OF CONTRACTING

FOR CONSTRUCTION

Paragraph Title Page

5336.201 Evaluation of contractor performance. 36.2-1

PART 5336--CONSTRUCTION AND ARCHITECT-ENGINEER

CONTRACTS

SUBPART 5336.6--ARCHITECT-ENGINEER SERVICES

Paragraph Title Page

5336.604 Performance evaluation. 36.6-1

PART 5336--CONSTRUCTION AND ARCHITECT-ENGINEER

CONTRACTS

SUBPART 5336.90--SIMPLIFIED ACQUISITION OF BASE

CIVIL ENGINEERING REQUIREMENTS (SABER)

Paragraph Title Page

5336.9001 Requirements language and provisions. 36.90-1

AFMCAC 96-1 31 October 1995 36.2-1

PART 5336--CONSTRUCTION AND ARCHITECT-ENGINEER

CONTRACTS

SUBPART 5336.2--SPECIAL ASPECTS OF CONTRACTING

FOR CONSTRUCTION

5336.201 Evaluation of Contractor Performance.

(a)(4) The civil engineering project manager shall prepare and sign construction contractor performance evaluations. The Base Civil Engineer (BCE), Deputy BCE,

or

the Engineering Flight Chief if designated by the BCE, shall verify the evaluation, require any necessary revisions, then forward it to the contracting office by letter. The performance evaluations shall be reviewed and signed by the contracting officer.

AFMCAC 96-1 31 October 1995 36.6-1

PART 5336--CONSTRUCTION AND ARCHITECT-ENGINEER

CONTRACTS

SUBPART 5336.6--ARCHITECT-ENGINEER SERVICES

5336.604 Performance Evaluation.

(a)(5) The civil engineering project manager shall prepare and sign A-E performance evaluations. The Base Civil Engineer (BCE), Deputy BCE, or

Engineering

Flight Chief if designated by the BCE, shall verify the evaluation, require any necessary revisions, then forward it to the contracting office by letter. The performance evaluations shall be reviewed and signed by the contracting officer.

AFMCAC 96-1 31 October 1995 36.90-1

PART 5336--CONSTRUCTION AND ARCHITECT-ENGINEER

CONTRACTS

SUBPART 5336.90--SIMPLIFIED ACQUISITION OF BASE

CIVIL ENGINEERING REQUIREMENTS (SABER)

5336.9001 Requirements Language and Provisions.

(a) General. Provisions and clauses have been developed for use in SABER solicitations and contracts. Use substantially the same wording as provided in the provisions or clauses in SABER solicitations and contracts. These are in addition to any clauses normally included in a construction solicitation and contract.

(b) Solicitations and contracts. The following SABER clauses or provisions apply:

(1) Insert clause 5352.236-9000, substantially as written in Section B of solicitations and contracts.

(2) Insert the 5352.236-9001 provision substantially as written, in Section L of solicitations.

(3) Insert the clause 5352.236-9002, substantially as written, in Section C

of solicitations and contracts when the Unit Price Book developed by the Air Force is used. Modify this language when another Unit Price Book is used.

(4) Insert the clause 5352.236-9003, substantially as written, in Section C

of solicitations and contracts:

(5) Insert the clause 5352.236-9004, substantially as written, in Section C

of solicitations and contracts:

(6) Insert the clause 5352.236-9005, substantially as written, in Section C

of solicitations and contracts when Government Furnished ADP Equipment is not

available.

THE NEXT PAGE IS 37-i

AFMCAC 94-5 30 September 1994 42.71-1

PART 5342--CONTRACT ADMINISTRATION

SUBPART 5342.71--VOLUNTARY REFUNDS

5342.7100-90 General.

(a) Policy. Actively monitor the pricing of all noncompetitive purchases and take timely refund action whenever overcharging has occurred.

(b) Applicability.

(1) Unless otherwise indicated, the following procedures apply to all AFMC contracting activities and to the initiation and disposition of Voluntary Refund (VR) action on noncompetitive purchases unless a contractual remedy is readily available to recover the overcharges.

(2) Normally, a contractual remedy is considered to be readily available when a contract suspected of being overcharged is being audited for defective pricing, or has been reported to be defectively priced, or when a contract is under investigation by a Government agency.

(3) For contracts to which these circumstances do not apply and which include the Price Reduction for Defective Cost or Pricing Data clause, normally defer action to verify whether defective pricing exists until after a VR case has been completed and closed.

(c) Price Monitoring. Each contracting activity that purchases replenishment spare parts or items of follow-on support equipment shall establish a system to monitor the pricing of all such noncompetitive purchases. Screening criteria shall be developed to identify contracts that may be overcharged and to determine whether to initiate VR action by referring a contract to the VR focal point. Criteria of 25% unit price overcharge and $2500 potential refund are recommended, although an activity may use criteria in excess of these levels if documentation supporting the selected criteria is maintained.

(d) VR Publicity. Each contracting activity shall publicize the VR program and encourage the prompt initiation of VR action when overpricing is suspected.

(e) Suspense and Tracking System. Each contracting activity that purchases replenishment spare parts or items of follow-on support equipment shall establish local operating procedures for the initiation and timely processing of VRs, including specific criteria for opening and closing VR cases, and establish and maintain a formal VR suspense and tracking system to monitor the status of all active VR cases. The suspense and tracking system shall include a standard time for processing a VR case to closure, such as 180 days, and a provision for reporting the status of cases that exceed the standard time to PK. A copy of all local operating procedures prepared in accordance with this regulation shall be forwarded to HQ AFMC/PKF.

(f) Focal Point. At a minimum, each contracting activity must designate a focal point for VR whose responsibilities include VR status reporting, maintaining

VR records, and interfacing with local Air Force Zero Overpricing programΠofficials. For contracting activities that purchase replenishment spares or items of follow-on support equipment, a warranted contracting officer will serve as the

VR focal point. This focal point has the following additional responsibilities: investigating, negotiating, and closing all VR referrals; acccepting VR payments and modifying contracts; and managing all aspects of VR program implementation

at

the contracting activity. Depending on VR activity, additional personnel within the focal point's organization may

AFMCAC 96-1 31 October 1995 42.71-2

also be appointed as contracting officers to assist the focal point. Upon assignment, provide the activity focal point's name, organization symbol, and address to HQ AFMC/PKF.

(g) Contract Modifications. Prepare a contract modification to reflect all VR payments received.

(h) Deleted.

5342.7101 Solicited refunds.

5342.7101-91 Procedures applicable to spare parts.

(a) The Commander delegates the authority to solicit voluntary refunds to

center commanders without authority to redelegate.

AFMCAC 96-1 31 October 1995 43-i

PART 5343--CONTRACT MODIFICATIONS

SUBPART 5343.1--GENERAL

Paragraph Title Page

5343.101 Definitions. 43.1-1

5343.102 Policy. 43.1-1

SUBPART 5343.2--CHANGE ORDERS

5343.201 General. 43.2-1 5343.201-90 Issuance of change orders. 43.2-1

5343.204 Administration. 43.2-2

5343.204-90 Definitions. 43.2-2

5343.204-91 Correction, revision, or supersession. 43.2-2

5343.204-92 Identification of new revised amounts. 43.2-2

5343.204-93 Undefinitized supplemental agreements. 43.2-3

5343.204-94 Reporting. 43.2-3

5343.205 Contract clauses. 43.2-3

5343.290 Other modifications. 43.2-3

5343.290-1 Work requests. 43.2-3

AFMCAC 96-1 31 October 1995 43.2-2

5343.204 Administration.

(c) Complete and final equitable adjustments. If the modification is bilateral, state that the Supplemental Agreement is full and equitable adjustment and the contractor releases the Government from any and all liability under the contract for further equitable adjustments. If the

modification is unilateral and no additional consideration is required, make a

positive statement to that effect.

5343.204-90 Definitions.

An Undefinitized Supplemental Agreement is a bilateral agreement to an existing contract which does not have a definitive pricing agreement, but instead has a NTE amount to which the contractor and the Government agree.

5343.204-91 Correction, revision, or supersession.

For tracking purposes, correction, revision, or supersession of an undefinitized change will have no effect on the original definitization schedule.

5343.204-92 Identification of new revised amounts.

(a) The ACO's copy of all supplemental agreements and unilateral contract modifications, which do not require further definitization and which incorporate changes in contract line item prices, contract price, target cost, target profit or fee, target price, ceiling price, etc., shall reflect not only the amount of the change, but also the new revised amount of the changed element.

(b) To accomplish this, the PCO shall either annotate the ACO's copy of the supplemental agreement just before distribution, or include the following information in the contract modification:

"As a result of the change(s) incorporated by this contract modification, the value of contract line item number (insert appropriate CLIN) is (increased/decreased) by (dollar amount). The total value of (insert appropriate CLIN) through this contract modification, excluding contract modification(s) (identify) which have not yet been distributed, is (dollar

amount)."

"As a result of the change(s) incorporated by this contract modification, the (contract price2) of this contract is (increased/decreased) by (dollar amount). The total (contract price2) through this contract modification, excluding contract modification(s) (identify) which have not yet been _

distributed1, is (dollar amount)."

1The underlined portion is to be included only when contract modifications are issued out of numerical sequence.

2Revise as necessary for contract type, for example:

Contract Type Elements to be included:Œ

Firm Fixed-Price (FFP) Contract Price

Fixed-Price Incentive Target Cost, Target Profit

Firm Target (FPIF) Target Price, and Ceiling Price

Cost-Plus Incentive Fee (CPIF) Target Cost, Target Fee, Target Price

Cost-Plus-Fixed-Fee (CPFF) Estimated Cost, Fixed-Fee, Estimated

Price

AFMCAC 96-1 31 October 1995 45.6-3

Chapter 2. AFM 67-1, attachments A-1 and A-2 list the systems logistics support management centers for aircraft, space vehicles, aircraft engines, plus other equipment. If contractor inventory cannot be identified to the end items listed in AFM 67-1, Table 2, then it may be screened by Federal Supply Class listed in AFM 67-1, Table 1.

5345.608-5 Special items screening.

Motor vehicles. Report Air Force-owned vehicles obtained through the Registered Equipment Management System (REMS) in excess to contractual requirements to

HQ

AFMC/LGT for disposition. This applies only to AFMC-REMS controlled assets.

5345.608-8 Report of Excess Personal Property (SF120).

(b) Item 18, Column b (6). For assets subject to this supplement 5345.608-90(a), the Plant

Clearance

Officer (PLCO) will send the inventory schedule to

Contractor Inventory Redistribution System (CIRS), the Material Utilization

Control Officer (MUCO) and appropriate systems program office for items

purchased

under AFMC contracts. On the copy of the SF 120 sent to MUCO, annotate the description column as follows: "The attached inventory schedules contain non-stock numbered assets

excess to contractor requirements for the weapon system

indicated. Review of these assets by the system program manager is designed to assure that assets usable within the weapon system are retained where they can be used further. Provide disposition instructions within 30 days of the date of the form to get requisitioning priority. If needed, contact the plant clearance officer for further information."

5345.608-90 Screening of contractor reported on SF 1428.

Inventory Schedule B, and SF 1434, Termination Inventory Schedule, shall be as follows:

(a) In addition to CIRS screening, screen NSN items accountable to Air Force

contracts with system managers through the designated MUCO.

(b) The appropriate department inventory control point shall screen non-NSN contractor inventory for other than Air Force contracts on Inventory Schedule B.

(c) CIRS will screen all Defense Reutilization and Marketing Offices (DRMO)

reportable assets located on DOD bases/ installations with available services for

a 30 day period. The PLCO will instruct DLA to restrict CIRS screening to 30 days. Also screen non-stock numbered items as provided by subparagraph (a) and

(b)Πabove. Retain assets located on DOD installations with available DRMO services, not selected for reuse for an additional 30 days (total 60 days to honor

outstanding requisitions). On the 61st day, turn in all assets not selected for reuse to the DRMO using DOD 4160.21-M procedures. On accompanying

documentation

state the type and extent of screening done prior to transfer of the asset to the DRMO.

AFMCAC 96-1 31 October 1995 47.3-2

(92) FMS non-MILSTRIP shipments shall include data similar to (b)(i)(A) through (b)(i)(D) of DFARS 247.305-10, and the applicable portion of DD Form

1513,

US DOD Offer and Acceptance. Data such as case identifier, offer release code, delivery term code, mark-for-code, and freight forwarder code will be extracted from the DD Form 1513 by program and project managers as part of the contract shipping instructions for non-MILSTRIP shipments for centrally acquired items. The transportation office within the organization providing contract administration services will convert the DD Form 1513 data to a transportation control number (TCN) as prescribed by DODD 4500.32R, Volume I, Appendix M,

and a

transportation account code (TAC) as prescribed by DODD 4500.32R, Volume II,

chapter 3, paragraph 3áŽá9.

(93) Specialized containers. Consideration of packaging and transportation requirements, particularly specialized containers, are important to determine life cycle cost for any new items or systems. The use of container assets already in the DOD inventory, either in their existing configuration or with cost-effective minor modifications, should be considered early in program development. This issue is addressed by requiring contractor compliance with the provisions of

MIL-STD-1510,

Procedures

for Use of Container Design Retrieval System (CDRS). In

accordance with MIL-STD-1510, when the development activity determines that a proposed CDRS design is not suitable, the PCO shall include a copy of the nonselection justification in the official contract file before initiation of a new container development effort. If necessary for proper pricing of the contract, the request for development and production of engineered or specialized containers for an item will be a line item on the purchase request as well as a line item in the solicitation and resulting contract.

(94) Hazardous Materials. Paragraph 173.7(a) of 49 CFR states that the shipment of hazardous materials offered by, for, or to DOD must be packaged according to applicable DOT regulations, or in packages that DOD attests are of equal or greater strength and efficiency as the DOT specified containers. In the latter case, a Certification of Equivalency must be issued by the appropriate DOD activity.

(95) Industrial Packaging. Maximum use shall be made of industrial

packaging according to the procedures in AFR 71-6/AR

4030.2700-15/NAVSUPINST

8B/MCO 4030.33B/DLAR 4145.7, provided that the integrity of the items are not

compromised during transportation and storage.

(d)(90) All AFMC activities except operational contracting shall use the AFMC

Form 1053, Item Identification Marking and Shelf Life Item Provisions, to specifyΠrequired marking instructions. Those activities in the ACPS may include the information on the AFMC Form 1053 verbatim in the solicitation/contract.

5347.373 DD Form 1654, Evaluation of Transportation Cost Factors.

To provide guidance in obtaining a more rapid response of transportation cost

evaluation data for competitive procurements, procedures as outlined below will be used at the prerogative of the buyer/contracting officer.

(a) Buyer/contracting officer will complete applicable portions of the DD Form 1654. The price difference between the two lowest bidders/offerors will be entered on the last line in Column "A".

AFMCAC 95-2 21 July 1995 52-i

PART 5352--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

Paragraph Title Page

5352.204-9000 Assignment of serial numbers for configuration 52-1

control and administration of warranties.

5352.207-9000 Price Discounts Based On Quantity. 52-1

5352.207-9001 Government Performance of Services During Labor 52-1

Strikes.

5352.207-9002 Rights of the Government to Perform Functions with 52-2

Its Own Personnel.

5352.209-9000 Agreement to correct deficiencies. 52-2

5352.209-9001 Organizational Conflict of Interest. 52-3

5352.209-9002 Organizational Conflict of Interest. 52-4

5352.212-9000 Contractor Reporting Requirements. 52-6

5352.214-9000 Letter Response to Solicitation. 52-7

5352.215-9000 Representations and Certifications. 52-7

5352.215-9001 Alternative Data Offers. 52-8

5352.215-9002 Lowest Evaluated Price Technique Technical 52-8

Proposal Requirements.

5352.215-9003 AFMC Blue Ribbon Contractor Program. 52-10

5352.215-9004 AFMC Blue Ribbon Contractor Program - Evaluation 52-12

Factors.

5352.215-9005 Reserved.

5352.215-9006 Make-or-Buy Program. 52-13

5352.215-9007 Standard Form 1411, Contract Pricing Proposals. 52-14

5352.215-9008 Submission of Cost or Pricing Information. 52-15

5352.215-9009 Submission of Certified Cost or Pricing Data. 52-16

5352.215-9010 Reserved.

5352.215-9011 Amortization of Production Special Tooling 52-17

and Production Special Test Equipment Costs.

5352.215-9012 Notice of Work Measurement System. 52-20

5352.215-9013 Work Measurement System. 52-21

5352.215-9014 Ombudsman. 52-22

5352.215-9015 Standard Form 1412, Contract Pricing Proposals. 52-22

5352.216-9000 Economic Price Adjustment (EPA). 52-22

5352.216-9001 Payment of Fee. 52-25

5352.216-9002 Award fee. 52-25

5352.216-9003 Prior Instrument Superseded. 52-26

5352-216-9004 Authority to Issue Orders. 52-28

5352.216-9005 Types of Orders. 52-28

5352.216-9006 Procedures for Issuing Orders. 52-28Π5352.216-9007 Procedures for Pricing Unpriced Orders. 52-29

5352.216-9008 Obligations of Contractor Under Unpriced Orders. 52-30

5352.216-9009 Term of Agreement. 52-30

5352.217-9000 Cancellation Ceiling. 52-31

5352.217-9001 Multiyear Solicitation Notice. 52-32

5352.217-9002 Submission of Multiyear Prices. 52-32

5352.217-9003 Submission of Multiyear Prices. 52-33

AFMCAC 96-1 31 October 1995 52-ii

Paragraph Title Page

5352.217-9004 Submission of Multiyear Prices. 52-33

5352.217-9005 Multiyear Unit Prices. 52-33

5352.217-9006 Reduction of Multiyear Requirement. 52-34

5352.217-9007 Minimum Award Under Multiyear Procedure. 52-34

5352.217-9008 Multiyear Pricing of Option Items. 52-34

5352.217-9009 Cancellation Ceiling. 52-34

5352.217.9010 Multiyear Order Prices. 52-35

5352.217-9011 Multiyear Solicitation Notice. 52-35

5352.217-9012 Submission of Multiyear Prices. 52-36

5352.217-9013 Submission of Multiyear Prices. 52-36

5352.217-9014 Submission of Multiyear Prices. 52-37

5352.217-9015 Minimum Award Under Multiyear Procedure. 52-37

5352.217-9016 Government Administrative Cost. 52-38

5352.217-9017 Demonstration Milestones. 52-38

5352.217-9018 Award of Mission Essential Quantity. 52-39

5352.217-9019 Deleted.

5352.217-9020 Deleted.

5352.217-9021 Reserved.

5352.217-9022 Reserved.

5352.217-9023 Reserved.

5352.217-9024 Reserved.

5352.219-9000 Submission of Subcontracting Plan. 52-42a

5352.219-9001 Incorporation of Subcontracting Plan. 52-42a

5352.223-9000 Proposed Cost of Enhanced Physical Security of 52-43

Products.

5352.223-9001 Enhanced Physical Security of Products. 52-43

5352-225-9000 Special Provision Under Paragraph (d) of FAR Clause 52-44

5352.229-6, "Taxes - Foreign Fixed-Price Contracts." 5352.225-9001 Law Covering Contracts. 52-44

5352.225-9002 Definition of F.O.B. Point for Shipments Originating 52-44

Overseas.

5352.225-9003 F.O.B. Point - Aerial Port of Embarkation (APOE). 52-45 5352.225-9004 F.O.B. Point - Water Port of Embarkation (WPOE). 52-46 5352.225-9005 F.O.B. Destination Purchaser's Designated Freight 52-47

Forwarder or Country Representative.

5352.225-9006 English Language Requirements 52-48

5352.228-9000 Ground and Flight Risk. 52-48

5352.231-9000 Precontract Costs. 52-48

5352.235-9000 Definition of Unusually Hazardous Risks. 52-51

5352.235-9001 Frequency Authorization. 52-52

5352.236-9000 Non-priced items - SABER. 52-52

5352.236-9001 Offers - SABER. 52-52Π5352.236-9002 General information - SABER. 52-53

5352.236-9003 Ordering procedures - SABER. 52-54

5352.236-9004 Record drawings - SABER. 52-55 5352.236-9005 ADP support requirements - SABER. 52-56

5352.243-9000 Advance Change Adjustment Agreements. 52-56

5352.245-9000 Base support clause. 52-57

5352.246-9000 Material Inspection and Receiving Report 52-58

5352.291-9000 New Manufactured Material. 52-59

5352.291-9001 New Manufactured Material - Surplus Not Acceptable. 52-59a

AFMCAC 96-1 31 October 1995 52-iii

Paragraph Title Page

5352.291-9002 New Manufactured Material and Government 52-59a

Surplus Only.

5352.291-9003 New Manufactured Material and Government or 52-59a

Commercial Surplus Material Acceptable.

5352.291-9004 Listing of Surplus Material. 52-60

5352.291-9005 New and Unused Surplus Material is Acceptable 52-61

5352.291-9006 New and Reconditioned Surplus Material is Acceptable. 52-62 5352.291-9007 New and Modified Surplus Material is Acceptable. 52-62 5352.291-9008 Used and Overhauled Surplus Material is Acceptable. 52-62

5352.291-9009 Overhaul and Certification by an FAA Licensed 52-63

Facility.

5352.291-9010 Part Number Verification. 52-63

5352.291-9011 Verifiable Dimensions. 52-63

5352.291-9012 Test and Verification. 52-63

5352.291-9013 Initial Acceptability Items. 52-64

5352.291-9014 Location of Inspection Testing. 52-64

5352.291-9015 Prior Government Ownership of Items. 52-64

5352.291-9016 100 Percent End Item Inspection. 52.65

5352.291-9017 Evaluation of Used and/or Overhauled Surplus 52-65

Material.

5352.291-9018 Evaluation of Items Requiring Reconditioning, 52-65

Modification, Repair or Overhaul by the Government. 52-65 5352.292-9000 Over and Above Work Procedures. 52-66

5352.292-9001 Reserved. 52-67 5352.292-9002 Excess Inventory - Disposition of Government 52-69

Property.

5352.292-9003 Reserved. 52-70 5352.292-9004 Maintenance acceleration/compression. 52-70

5352.292-9005 Maintenance of Government-Owned Equipment in 52-71

Possession of Overseas Contractors.

5352.292-9006 Five Year Policy. 52-71

5352.292-9007 Five Year Policy Pricing Agreement. 52-71

5352.292-9008 Drop-in Maintenance. 52-72

AFMCAC 93-001 15 January 1993 52-3

(c) Criteria: (Define the acceptance/completion criteria. Reference an attachment to the contract if appropriate.)

(d) Approval Office: (Identify what office and organization will notify the contractor of acceptance/completion of the deficiencies.)

(End of Clause)

5352.209-9001 Organizational Conflict of Interest.

As prescribed in 5309.507-1, include in Section L of solicitations the following provision or one substantially similar. Insert the applicable language in paragraph (a):

ORGANIZATIONAL CONFLICT OF INTEREST (JUL 1992)

(a) There is potential organizational conflict of interest (see FAR Subpart 9.5) 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 submitted 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 will 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 (Jul 1992). At the discretion of the contracting officer, substitute the following paragraph (b) for paragraphs (b) and (c) in the basic solicitation:

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

(End of Provision)

Œ

AFMCAC 96-1 31 October 1995 52-16

ALTERNATE I (JUL 1992). As prescribed by 5315.804-6(a)(2), in addition to the basic provision, add a paragraph substantially the same as the following in Section L of the solicitation where pricing information is needed by element of cost.

(c) For items not subject to (b) above, provide a summary elemental cost

breakdown consisting of material costs, labor costs, overheads, general & administrative costs, cost of money, and profit. In addition, provide the cost data in support of: (*). Cost or pricing data submitted shall not be subject to certification in accordance with FAR 15.804-4. (* To be filled in by the contracting officer in accordance with FAR 15.804-6(a)(2)).

(End of Provision)

5352.215-9009 Submission of Certified Cost or Pricing Data.

As prescribed in 5315.804-6(a) insert the following provision in Section L of solicitations substantially as written:

SUBMISSION OF CERTIFIED COST OR PRICING DATA (JUL 1992)

(a) It is anticipated that pricing of this action will be based on adequate price competition; therefore, offerors are not required to submit certified cost or pricing data. However, if after receipt of proposals it is determined that adequate price competition does not exist, certified cost or pricing data will be required. FAR 15.804-6(b) requires use of a Standard Form 1411 for the submission of the offer and any supporting data, whether or not certification is required.

(b) If it is determined that adequate price competition does not exist, the

offeror shall provide current, complete and accurate cost or pricing data within (-*- calendar days) after receipt of the contracting officer's request. (* To be filled in by the contracting officer.)

(End of Provision) 5352.215-9010 Reserved.

AFMCAC 96-1 31 October 1995 52-27

Next page is 52-28.

AFMCAC 93-001 15 January 1993 52-39

(d) If the option is delayed but later exercised, the contractor may, within 10 days of option exercise, request a revision of the delivery schedule for the affected items or performance date for subsequent affected demonstration milestones. The parties will negotiate a new demonstration milestone performance schedule, a change in the option exercise and delivery schedules for each of the options, and appropriate consideration. These changes shall be incorporated into a contract modification. No increase in (insert the appropriate elements, for example; target cost, price, profit, ceiling price, estimated cost, fixed fee, target fee, award fee and/or other fee) will be made on account of action taken under the provisions of this clause, except to the extent that the delay in accomplishing a milestone is excusable and an equitable adjustment is otherwise provided for by other contract provisions. No equitable adjustment resulting from such excusable delay shall be made under this clause for any performance delay or interruption by any other cause including the fault or negligence of the contractor.

(e) Government action to obligate funds under the "Limitation of Government's Obligation" clause or the "Limitation of Funds" Provision shall not be interpreted

to be an acceptance of the work performed by the contractor prior to such funding. This schedule provision shall in no way limit the rights of the parties under the "Termination for the Convenience of the Government" or "Default" clauses.

(f) Demonstration Milestones Target Date Criteria

(1) ______________________ ___________ ________ (2) ______________________ ___________ ________ (3) ______________________ ___________ ________

(End of Clause)

5352.217-9018 Award of Mission Essential Quantity.

As prescribed at 5317.7590(c), insert a provision essentially the same as the following in Section M of the solicitation when use of the Insurance Policy is desired:

AWARD OF MISSION ESSENTIAL QUANTITY (JUL 1992)

(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 remainingΠbalance 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.

AFMCAC 96-1 31 October 1995 52-41

5352.217-9019 DELETED.

5352.217-9020 DELETED.

5352.217-9021 RESERVED.

5352.217-9022 RESERVED.

5352.217-9023 RESERVED.

5352.217-9024 RESERVED

AFMCAC 96-1 31 October 1995 52-48

5352.225-9006 English Language Requirements.

As prescribed at 5325.902-90, insert the following clause in Section C.

ENGLISH LANGUAGE REQUIREMENTS (JUL 1995)

(a) All deliverable documents will be in the English language.

(b) An English language speaking person shall be provided during in-plant visits, inspections, reviews, audits, and other similar activities to facilitate communications and ensure mutual understanding.

5352.228-9000 Ground and Flight Risk.

As prescribed at 5328.306(90), add the following paragraph(s) to DFARS

252.228-7001,

Ground and

Flight Risk:

(l) The additional information contained in subparagraph(s) ____________________________ below apply:

(i) In subparagraph (a)(1)(i), the term "aircraft" means helicopters,

including the complete helicopter, and helicopters in the course of being manufactured, disassembled, or reassembled if an engine or portion of the main rotor assembly is attached to the helicopter.

(ii) In subparagraph (a)(2), the term "Contractor's premises" means the property which comprises the facilities utilized by the Contractor at _________________________________.

(iii) In subparagraph (e), the words "each separate event" means "each

separate event per aircraft."

End of Clause)

5352.231-9000 Precontract Costs.

According to the requirement of 5331.109(f), insert the following clause in the contract substantially as written:

PRECONTRACT COSTS (JUL 1992)

All costs up to $(limitation) incurred by the contractor after (date) directly related to the negotiation and before the effective date of this contract, will be recognized to the same extent as if incurred after the effective contract date.

(End of Clause)

Œ

NEXT PAGE IS 52-51

AFMCAC 96-1 31 October 1995 52-52

5352.235-9001 Application for Frequency Authorization.

As prescribed at 5335.071(90), insert the following clause in section H of

solicitations and contracts:

APPLICATION FOR FREQUENCY AUTHORIZATION (JUL 1992)

The Contractor must ensure that radio frequencies are available to support electromagnetic radiating devices in their intended environment and that adequate protection from interference can be provided to receiving devices. Accordingly, the Contractor shall submit DD Form 1494, "Application for Frequency Allocation" in triplicate to the buyer at the issuing office indicated on the cover of this document within 45 days after contract award. Instructions for preparing the form are contained in AFI 33-118, and on the form itself. The DD Form 1494 will be routed through the Administrative Activity Quality Control Office indicated on the cover of this document in accordance with AFI 33-118. Upon verification of frequency requirements, the Contractor shall submit, if required, information to prepare a "Standard Frequency Action Format (SFAF) Request" to the person and address specified above. Instructions for preparing an SFAF are contained in AFI 33-118. Attention is directed to the contract clause entitled "Frequency Authorization" contained in Section I.

(End of Clause)

5352.236-9000 Non-priced items - SABER.

As prescribed in 5336.9001 (b)(1), insert the following clause, substantially as written in Section B of SABER solicitations and contracts:

NON-PRICED ITEMS - SABER (Aug 1995)

Items of work not covered by the Unit Price Book, but within the scope of the contract, may be negotiated by the Contracting Officer and added at any time during the contract term. Added items of work, shall be incorporated into and made a part of the delivery order, and shall be performed at the negotiated unit price multiplied by the applicable contractor coefficient factor. Non-priced items (NPIs) shall be identified separately in each contractor prepared proposal and identified separately in each delivery order. Unit prices for non-priced items may be negotiated and added to the Unit Price Book by supplemental agreement. Only direct costs of non-priced items are allowable. All indirect costs and profit are reimbursed by application of the coefficient. If the contract coefficient is subject to economic price adjustment, NPIs shall be

adjusted to base year costs by multiplying the negotiated direct cost of the NPIΠby the economic price adjustment index for the base year and dividing by the economic price adjustment index for the current year.

(End of Clause)

5352.236-9001 Offers - Saber.

As prescribed at 5336.9002(b)(2), insert the following provision substantially

as written in Section L of SABER solicitations:

OFFERS - SABER (JUL 1992)

AFMCAC 96-1 31 October 1995 53-1

PART 5353--FORMS

5353.190 Computer preparation.

Activities using the Acquisition Management Information System (AMIS) shall use

the AFMC 700-series computer adapted forms or automated equivalents where appropriate, as specified in the AMIS Source Data Automation (SDA) Manual,

AMFCM

70-390.

5353.2 Prescription of forms.

The forms prescribed by this AFMCFARS are listed in numerical order, with title and corresponding paragraph reference.

AFMC Form Title Paragraph Reference

34 Source List 5319.201(B)

141 Solicitation Request 5305.102(a)(1)

142 Solicitation Request Denial 5305.102(a)(5)

148 Abstract for Quantity Discount 5307.204(90)(a)

Purchase Requests

188 Unsolicited Article or Disclosure 5315.509

189 Record of Unsolicited Proposal 5315.506-2(94)

190 Policy Agreement for Evaluation 5315.506(b)(90)(b)

of Unsolicited Proposals

219 Record of Late Bid 5315.412(90)

235 Best Value Award Determination 5315.605-90(h)(9)

295 Contract Folder Index 5304.802-70(90)(2)

296 Document Routing and Control 5304.802-70(b)(10)

298 Official Contract File 5304.802-70(90)(1)

368 PNM Checklist 5315.808(a)

368a PCM Checklist 5315.808-90(b)(1)

376 Administrative Commitment Document 5332.703-90(4)

378 Simplified Evaluation Worksheet APPX AA/BB, 4-8/68-70

402 Point for Negotiation APPX AA/BB,4-8/68-70

402 Point for Negotiation APPX AA/BB,4-8/68-70

404 Evaluation Worksheet "

405 Offeror Response Summary "

410 Certificate of Source Selection "

Participation

411 Item Summary "

412 Area Summary "

415 Proposal Risk Assessment "Π416 Strong/Weak Points "

417 Non-Government Advisor Evaluation Request "

420 Clarification Request "

422 Deficiency Report "

423 Manpower Evaluation "

439 Multilog Sheet "

443 Source Selection Lessons Learned "

457 AP Financial Summary 5307.105(b)(5)(90)(i)

476 Contractor Invention Monitoring 5327.303

485 Oral Solicitation Record 5313.106(c)(3)(i)

551 Individual Justification and 5306.303-2(a)(92)

Approval for Other Than Full and

Open Competition (Replenishment Spares up to $10M-Exception 1)

748 Fast Track Contracting Action 5317.9104(a)(3)

(Cover Sheet)