IMMEDIATE ACTION

DEPARTMENT OF THE AIR FORCE AFMC ACQUISITION CIRCULAR 97-3

Headquarters AFMC

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.

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No. of Printed Pages: 8

OPR: HQ AFMC/PKP (Kenneth J. Farr)

Distribution: F

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

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

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

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

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

3. Filing instructions:

Page Insert changes:

Remove: Insert:

15-1, 15-2 15-1, 15-2

52-27 - 52-32 52-27 - 52-32

PART 5315--CONTRACTING BY NEGOTIATION

SUBPART 5315.2--SOLICITATION AND RECEIPT OF

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PROPOSALS AND INFORMATION

5315.201 Exchanges with industry before receipt of proposals.

5315.204 Contract format.

5315.204-4 Part III--List of Documents, Exhibits, and Other Attachments.

5315.204-5 Part IV--Representations and Instructions.

5315.209 Solicitation provisions and contract clauses.

5315.209-90 AFMC solicitation provisions and contract clauses.

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

INTENT TO INCORPORATE CONTRACTOR'S TECHNICAL PROPOSAL

(AFMC) (AUG 1998)

(End of provision)

5352.215-9007 Use of Non-Government Advisors.

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.

(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:

(End of provision)

5352.215-9008 Enabling Clause Between Prime Contractors and Service

ENABLING CLAUSE BETWEEN PRIME CONTRACTORS

AND SERVICE CONTRACTORS (AFMC) (JUL 1997)

intended to establish privity of contracts between the Government or the service Contractor(s) and such subcontractors.

(End of clause)

5352.215-9009 Travel.

TRAVEL (AFMC) (JUL 1997)

order. Travel by clerical support personnel shall be approved in advance by the Contracting Officer.

5352.215-9010 Training.

TRAINING (AFMC) (JUL 1997)

(End of clause)

5352.215-9011 Lowest Evaluated Price Technique Technical Proposal

LOWEST EVALUATED PRICE TECHNIQUE

TECHNICAL PROPOSAL REQUIREMENTS (AFMC) (AUG 1998)

including amendments) and the Government specifications, the Government specifications shall govern

TABLE 1

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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.

(End of provision)