Wright-Patterson AFB OH 45433 24 Nov 98
Air Force Materiel Command Acquisition Circular (AFMCAC)
1. All material in this AFMCAC is effective as of the date of the AFMCAC. It shall remain in effect until specifically cancelled or incorporated by a subsequent edition of the AFMCFARS. The amended solicitation provision may be used on an optional basis until 24 Dec 98, and then becomes mandatory.
2. This AFMCAC implements AFMC FAR Council case 98-018, Offeror Notification and Consent to Use Non-Government Advisors.
a. Title: AFMCFARS 5315.209-90h, page 15-2, and 5352.215-9007, page 52-27 and 52-28.
b. Purpose/Explanation of Change(s): AFFARS Appendices AA-108(b)(1) and BB-108(b)(1) both require offerors provide the Government written consent to provide certain proposal data to non-Government advisors in source selections. The current AFMC provision 5352.215-9007, Use of Non-Government Advisors, notifies offerors of the potential use of non-Government advisors, but does not provide for offeror consent. AFMCFARS provision 5352.215-9007 is revised to add offeror consent. The provision and prescriptive language at 5315.209-90(h) are also modified to require inclusion of the provision in Section K (provision was previously included in Section L).
In addition, AFFARS Appendices AA-108(c) and BB-108(c) both provide for the inclusion of a provision in solicitations specifically identifying potential non-Government advisors, and providing the offerors an opportunity to object to disclosure of their proposals to such advisors. AFMCFARS provision 5352.215-9007 is also modified to add the non-Government advisor identification and contractor objection to disclosure.
No. of Printed Pages: 8
OPR: HQ AFMC/PKP (Kenneth J. Farr)
HQ USAF/LG, Wash DC 20330-5000.............4
SAF/AQCP, Wash DC 20330-5000................ 3
HQ USAF/JAC, Wash DC 20330-5000...........1
HQ AFIA/IM, Kirtland AFB NM 87117-5670....1
AUL/LDEA, Maxwell AFB AL 36112-5564...... 1
3. Filing instructions:
Page Insert changes:
15-1, 15-2 15-1, 15-2
52-27 - 52-32 52-27 - 52-32
PART 5315--CONTRACTING BY NEGOTIATION
PROPOSALS AND INFORMATION
5315.201 Exchanges with industry before receipt of proposals.
(c)(6)(90) Issue DRFPs for all competitive acquisitions when an AP or SAMP is required except that DRFP use is optional for BAAs, PRDAs, RDSS/Cs, and SBIRs. Consider using DRFPs when no AP or SAMP is required if the acquisition will benefit significantly from industry involvement. A DRFP is not required when a commercial acquisition using the combined synopsis/solicitation method is contemplated. Obtain approval from the SSA to waive DRFPs. Document the waiver in the AP or SAMP. If waived, the contracting officer shall consider allowing additional proposal preparation and submission time.
(A) Solicit industry input on source selection evaluation factors and subfactors and evaluation standards. Include a Section M, Evaluation factors and subfactors for award; and source selection evaluation standards in all DRFPs for competitive acquisitions.
(B) See 5315.204-5(b)(90).
5315.204 Contract format.
5315.204-4 Part III--List of Documents, Exhibits, and Other Attachments.
(90) If relevant price history information is available, include it in Section J of competitive solicitations.
5315.204-5 Part IV--Representations and Instructions.
(b)(90) Program affordability and cost as an independent variable (CAIV) are critical program considerations in a budgetarily constrained environment. When deemed appropriate to the program's specific circumstances by the SSA, include program budget/funding information (if program budget is approved and unclassified) in Section L of all competitive solicitations. Also see 5332.791.
(c)(90) Include the evaluation standards in all solicitations for competitive acquisitions using Appendix AA or BB source selection procedures.
5315.209 Solicitation provisions and contract clauses.
5315.209-90 AFMC solicitation provisions and contract clauses.
(a) When using annual representations and certifications, the contracting officer may include the provision at 5352.215-9000, Representations and Certifications, in Section K of solicitations not using simplified acquisition procedures.
(b) The contracting officer shall insert the provision at 5352.214-9001, Award-All or None Basis, in Section M of solicitations when contract award shall be based on a proposal responding to all items included in the solicitation.
(c) The contracting officer shall insert the provision at 5352.215-9001, Engineering Data, in Section L of noncompetitive solicitations for spare parts when it is anticipated that the offeror might offer an alternate part instead of a part specified in the schedule. Use of the provision is optional for other noncompetitive solicitations for supplies. If the Government elects to accept the alternate part, insert the clause at 5352.215-9002, Replacement Items, in Section B.
(d) The contracting officer shall insert the provision at 5352.215-9003, Proposal Samples, substantially as written, in Section L if proposal samples, as discussed in FAR 14.202-4, are required.
(1) If it appears that the conditions in FAR 14.202-4(f)(1) and 14.201-6(o)(2)(i) will apply, the contracting officer shall use the provision with its Alternate I.
(2) If it appears that the conditions in FAR 14.202-4(f)(1) and 14.201-6(o)(2)(ii) will apply, the contracting officer shall use the provision with its Alternate II.
(e) The contracting officer shall insert the provision at 5352.215-9004, Evaluation of Proposals Submitted When Qualification Requirements Do Not Exist, substantially as written, in Section L for spares acquisitions when no prequalification requirements exist and it is necessary to inform potential offerors that the Government does not have complete and adequate data, special materials, facilities, tooling, or test equipment (e.g., AMSC code is other than "G") which may be required in the performance of the contract. Use Alternate I for repair and overhaul services.
(f) If it is determined to be in the Government's best interest to incorporate the contractor's technical proposal, the contracting officer shall insert the clause at 5352.215-9005, Incorporation of Contractor's Technical Proposal, in Section I. Paragraphs (c), (d), and (e) of the clause may be excluded for BAAs, PRDAs, RDSS/Cs, and SBIRs.
(g) Include the provision at 5352.215-9006, Intent to Incorporate Contractor's Technical Proposal, in Section L when the clause at 5352.215-9005, Incorporation of Contractor's Technical Proposal, is used.
(h) When contractor personnel (non-Government advisors) may assist in analyzing proposals (see FAR 37.203(d)), the contracting officer shall insert the provision at 5352.215-9007, Use Of Non-Government Advisors, in Section K.
(i) When the contract includes requirements for contractor personnel to assist in analyzing proposals or other contractor's products, the contracting officer shall insert the provision at 5352.209-9003, Potential Organizational Conflict Of Interest,
5352.215-9006 Intent to Incorporate Contractor's Technical Proposal.
As prescribed in 5315.209-90(g), insert the following provision in Section L:
INTENT TO INCORPORATE CONTRACTOR'S TECHNICAL PROPOSAL
(AFMC) (AUG 1998)
(a) All or part of the successful offeror's technical proposal may be incorporated in any contract resulting from this solicitation. The successful offeror's technical proposal may be incorporated by reference. Nothing contained in the successful offeror's technical proposal shall constitute a waiver to any other requirement of the contract. In the event of any conflict between the successful offeror's technical proposal and any other requirement of the contract, the conflict shall be resolved in accordance with the Order of Precedence clause.
(b) The successful offeror will provide an updated technical proposal which reflects the results/responses to all exchanges and/or Evaluation Notices (ENs) issued during the negotiation process for incorporation in the contract. If, after contract award, it is discovered that changes made during negotiations were not incorporated in the SOW and/or technical proposal, such changes to the Contractor's documents shall be considered administrative in nature and shall be made by unilateral modification to the contract, at no change in contract cost or price or other terms and conditions.
(End of provision)
5352.215-9007 Use of Non-Government Advisors.
As prescribed in 5315.209-90(h), insert the following provision in Section K:
USE OF NON-GOVERNMENT ADVISORS (AFMC) (NOV 98)
(a) Offerors are advised that technical and cost/price data submitted to the Government in response to this solicitation may be released to non- Government advisors for review and analysis. The non-Government advisor support will be provided by:
Name of firm(s)
(To be completed by Government as part of solicitation.)
(b) Offerors shall complete paragraph (b)(2) or provide written objection to disclosure as indicated in paragraph (b)(1). If the offeror objects to disclosure of a portion of the proposal, the consent in (b)(2) should be provided for the remainder of the proposal.
(1) Any objection to disclosure:
(i) Shall be provided in writing to the contracting officer within 10 days of RFP issuance; and
(ii) Shall include a detailed statement of the basis for the objection. The detailed statement shall identify the specific portions of the
proposal the offeror objects to disclosure to non-Government advisors. (2) I understand technical and cost/price data submitted to the Government in response to this solicitation may be released to non-Government advisors. I consent to release of any (unless objection is provided in (b)(1) above) proprietary, confidential, or privileged commercial or financial data provided by the firm(s) named below in response to this solicitation, to non-Government advisors for review and analysis:
Name (individual authorized to commit firm):
Date of Execution:
(End of provision)
5352.215-9008 Enabling Clause Between Prime Contractors and Service
As prescribed in 5315.209-90(j), insert the following clause, substantially as written, in Section I:
ENABLING CLAUSE BETWEEN PRIME CONTRACTORS
AND SERVICE CONTRACTORS (AFMC) (JUL 1997)
(a) The Air Force has entered into contracts with (insert the service Contractor(s) name(s)) for services to provide (insert major support areas, such as technical, evaluation, and acquisition management support).
(b) Service tasks involve the application of a broad range of education, skills, knowledge, and experience in many disciplines in support of weapon system acquisition tasks. Tasks involve (insert applicable task detail).
(c) In the performance of this contract, the Contractor agrees to cooperate with (insert the service Contractor's name) by: (insert areas for cooperation) (examples: responding to invitations from authorized personnel to attend meetings; providing access to technical information and research, development and planning data, test data and results, schedule and milestone data, financial data including the Contractor's cost/schedule management system/records and accounting system, all in original form or reproduced; discussing technical matters related to the program; providing access to Contractor facilities utilized in the performance of this contract; and allowing observation of technical activities by appropriate support Contractor technical personnel).
(d) The Contractor further agrees to include in each subcontract over $1 million or 10 percent of prime contract value, whichever is less, a clause requiring compliance by a subcontractor and succeeding levels of subcontractors with the response and access provisions of paragraph (c) above, subject to coordination with the Contractor. This agreement does not relieve the Contractor of responsibility to manage subcontracts effectively and efficiently, nor is it
intended to establish privity of contracts between the Government or the service Contractor(s) and such subcontractors.
(e) Service Contractor personnel are not authorized to direct a Contractor in any manner.
(f) Service contracts contain an organizational conflict of interest clause that requires the service Contractors to protect the data and prohibits the service Contractors from using the data for any purpose other than that for which the data was presented.
(g) Neither the Contractor nor their subcontractors shall be required in the satisfaction of the requirements of this clause to perform any effort or supply any documentation not otherwise required by their contract or subcontract.
(End of clause)
As prescribed in 5315.209-90(k), insert the following clause, substantially as written, in Section I:
TRAVEL (AFMC) (JUL 1997)
(a) The Contractor may be required to travel within the contiguous United States and overseas. The Contractor may be required to travel by Government-provided transportation. Travel requirements will be reimbursed by separate voucher and must be approved in advance by the Contracting Officer. Travel requirements will be identified, proposed, and negotiated in individual task orders on a cost-reimbursement basis. Billable travel costs are air fare, ground transportation, and per diem costs, not labor hours. The Contractor shall be responsible for obtaining any passports or visas and making travel arrangements to and from any CONUS location.
(1) Per diem, air fare, and all other allowable travel costs shall be reimbursed in accordance with the Federal Acquisition Regulation. All travel within overseas areas shall be approved in advance by the Contracting Officer.
(2) The Government may provide travel to and from overseas work sites via Air Mobility Command (AMC) flights, if available. AMC travel fees may be Contractor-paid and invoiced to the Government. The Government will be responsible for obtaining travel clearances and issuance of any required special orders.
(b) Use of AMC transportation shall be approved in advance by the Contracting Officer or designee. Orders authorizing AMC travel will specify the Contractor's Customer Identification Code (CIC). If the Contractor does not have CIC number, the orders will state "special account handling: billing for AMC transportation will be forwarded to (insert Contractor's address)." Use of AMC transportation is subject to availability.
(c) The travel CLIN is intended to pay for travel occurring at the direction of the Government, performed in conjunction with a specific trip authorized in a task
order. Travel by clerical support personnel shall be approved in advance by the Contracting Officer.
As prescribed in 5315.209-90(l), insert the following clause, substantially as written, in Section I:
TRAINING (AFMC) (JUL 1997)
(a) When training is conducted at a Government site, Government-furnished facilities and equipment will be utilized including classrooms, overhead projectors, screen, chalkboards, and equipment installed under this contract.
(b) The Contractor shall be responsible for:
(1) Furnishing all training manuals, schematics, drawings, charts, and transparencies required to conduct training. A copy of all training materials will be provided to the Government Functional Area Evaluator (FAE) (see AFMCFARS 5337.91) for review and approval;
(2) Furnishing all equipment necessary to effectively conduct the training program except equipment that is specifically identified elsewhere in the contract as being furnished by the Government; and
(3) Conducting formal training approximately eight hours per day (excluding weekends and Government holidays).
(c) The Government FAE will be the point of contact for coordinating training dates.
(End of clause)
5352.215-9011 Lowest Evaluated Price Technique Technical Proposal
As prescribed in 5315.305(90), insert the following provision, substantially as written, in Section L:
LOWEST EVALUATED PRICE TECHNIQUE
TECHNICAL PROPOSAL REQUIREMENTS (AFMC) (AUG 1998)
(a) The offeror shall submit the technical proposal as a package separate from the pricing proposal and other portions of the proposal. Proposals shall include all data and information required by this solicitation. The offeror shall make no reference to price in the technical proposal. Only one technical proposal from each offeror shall be considered unless the instructions otherwise allow for alternate proposals. The offeror's technical proposal and any subsequent negotiated changes thereto shall be incorporated into any resultant contract and the commitments made therein shall be binding upon that offeror. In cases of any conflict or ambiguity between the offeror's technical proposal
including amendments) and the Government specifications, the Government specifications shall govern
(b) Offerors are advised to submit a technical proposal which is clear and comprehensive without additional explanation or information. Nonconformance with the instructions may be cause for rejection of the proposal. The Government may make a final determination regarding responsiveness solely on the basis of the technical proposal as submitted without requesting any further information. However, if it is deemed necessary, the Government may, at its sole discretion, request additional information from offerors of proposals clarifying or supplementing, but not substantially changing, any proposal as submitted. For that purpose, the Government may discuss any such proposal with the offeror. If the Government conducts discussions with any offeror in the competitive range, the Government shall conduct meaningful discussions with all offerors in the competitive range.
(c) The offeror's proposal for the requirement shall be clear, coherent, legible, and prepared in sufficient detail for effective evaluation by the Government. Elaborate documen-tation, expensive binding, detailed art work, or other embellishments are unnecessary. The proposal shall be submitted in accordance with these instructions. The intent of the proposal shall be to provide sufficient data to support a decision to select a qualified Contractor and to award the contract. The offeror shall assume that the evaluation team has no previous knowledge of its management and experience, and that it will base its evaluation on the information presented in the proposal.
(d) The proposal shall address and track the numerical sequence of the specific information requested in (insert solicitation provision) of this solicitation.
(e) Unjustified exceptions (any instance where the offeror does not address a requirement of the RFP) could be a cause for rejecting the proposal as being nonresponsive.
(f) The proposal shall be organized as follows:
(1) The proposal shall consist of (insert volume number ) volumes numbered sequentially. The title, the contents, and the number of each volume shall be as defined in Table I of this document.
(2) Each volume shall be written, to the greatest extent possible, on a stand-alone basis so that its contents may be evaluated with a minimum of cross-referencing to other volumes of the proposal. Failure to separate the proposal into separate volumes could be a cause for rejecting the proposal as being nonresponsive.
VOLUME NO. TITLE CONTENTS COPIES
NOTE: The number of copies of each volume indicated above shall be delivered to (insert mailing address). Mark proposals: "Source Selection Information - see FAR 3.104", and/or "For Official Use Only", as applicable.
(3) If information required for proposal evaluation is not found in the section designated for its presentation, it may be assumed to have been omitted from the proposal.
(4) Cost and Pricing. The costs proposed for accomplishing the program shall be confined entirely to Volume (insert volume number). The cost proposal shall consist of the offeror's cost to accomplish the basic program as defined in the Statement of Work under a Firm Fixed-Price Contract. The price proposal shall also include the offeror's price to accomplish each annual option, if applicable.
(g) The proposals shall be prepared as follows:
(1) Binding. Each volume of the proposal shall be submitted in three-ring binders. In the event that volumes are larger than a standard three-ring binder, they should be conveniently separated, clearly marked as to volume number, title, and offeror's identity.
(2) Page and Typing. Page size shall be 8 1/2 x 11 inches. Pages shall be typed one and a half spaces with a maximum of twelve characters per inch. Fold-out pages may be included in the proposal, but their width shall not exceed four regular (8 1/2 x 11 inches) pages. When included, fold-out pages shall be limited to charts, graphs, etc., and shall fold entirely within the page size of the book.
(3) Indexing. The proposal shall contain a master Table of Contents for the total proposal in Volume I. This shall identify major groupings of information as indicated by the Evaluation Criteria and their location. Each volume and section shall contain a detailed Table of Contents to delineate the subparagraphs contained therein.
(4) Cross-Referencing. Cross-referencing is permitted within proposal volumes where its use would conserve space without impairing clarity.
(End of provision)