AFFARS PART 5315 - Contracting by Negotiation

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PART 5315 -
Contracting by Negotiation

[ Revised June 3, 2016 ]

SUBPART 5315.2 — SOLICITATION AND RECEIPT OF PROPOSALS AND INFORMATION


5315.209 Solicitation Provisions and Contract Clauses

(S-90) The contracting officer may include a provision substantially the same as the provision at 5352.215-9000, Facility Clearance, in solicitations that include a DD Form 254, Contract Security Classification Specification.

(S-91) The contracting officer may include a provision substantially the same as the provision at 5352.215-9001, Notice of Pre-bid/Pre-proposal Conference, in the solicitation when appropriate. When access to classified documents is contemplated, the contracting officer may include a provision substantially the same as the provision with its Alternate I.

(S-92) The contracting officer may not award a contract that includes or modify a contract to include a special contract requirement commonly referred to as “Tail Up” or “Last Lot Inefficiency,” the purpose of which is to recognize costs related to a loss of productivity for the direct labor workforce or increased supplier costs as a production line nears shutdown, without the express written approval of the DAS(C) or ADAS(C). Not less than 60 days prior to release of a solicitation or a proposed contract modification, the MAJCOM/DRU/AFRCO SCO (or for AFLCMC and SMC, the SCCO) must submit a copy of the special contract requirement proposed for use, together with any supporting documentation to SAF/AQC for approval.

(S-93) The contracting officer may not award a contract that includes or modify a contract to include a special contract requirement or unique clause that requires or authorizes direct charging of proposal preparation and negotiation support costs without the express written approval of the SCO/SCCO. Evidence of this approval must be included in the official contract file.

SUBPART 5315.3 — SOURCE SELECTION


5315.300 Scope of Subpart

See MP5315.3 for required Air Force Source Selection responsibilities and procedures.

5315.371-5 Waiver

See MP5301.601(a)(i).

SUBPART 5315.4 — CONTRACT PRICING

5315.400 (S-90)

See MP5315.4 for required Air Force contract pricing procedures.

5315.403-1 Prohibition on Obtaining Certified Cost or Pricing Data (10 U.S.C. 2306a and 41 U.S.C., chapter 35)

(c) Standards for exceptions from certified cost or pricing data requirements.

5315.403-3 Requiring Data Other Than Certified Cost or Pricing Data

(a)(4) See MP5301.601(a)(i).

5315.403-4 Requiring Certified Cost or Pricing Data (10 U.S.C. 2306a and 41 U.S.C., chapter 35)

(a)(2) The contracting officer must submit the Determination and Findings through their MAJCOM/DRU/AFRCO SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC for HCA signature (see MP5301.601(a)(i)).

5315.404-3 Subcontract Pricing Considerations

See IG5315.404-3 for additional subcontract pricing considerations.

5315.404-4 Profit

(c)(2)(C)(2)(90) The COCO may approve written requests for the use of an alternate structured approach (see DFARS 215.404-73). This authority may not be re-delegated (see MP5301.601(a)(i)).

5315.406-1 Prenegotiation Objectives

(b)(ii) Adjudication Procedures. The contracting officer must forward DCAA requests for Air Force management review through their management chain, and provide the MAJCOM/DRU/AFRCO SCO (or for AFLCMC and SMC, the SCCO) name and contact information to the cognizant DCAA representative. If disagreements remain, the MAJCOM/DRU/AFRCO SCO (or for SMC, the SCCO) must elevate the issue to SAF/AQC to support any request from DCAA for further elevation of the issue(s).

5315.406-3 Documenting the Negotiation

(a) See the Price Negotiation Memorandum (PNM) Checklist that may be used to ensure PNMs contain all required information. Preliminary PNM and Final PNM templates may be tailored for use.

5315.407-3 Forward Pricing Rate Agreements

(b)(i) See MP5301.601(a)(i).

5315.407-4 Should-cost Review

(b) Program should-cost review.

(4) The contracting office organizes and manages the program should-cost review. The team chief is responsible for the completion of the should-cost report.

(c)(2)(B) See MP5301.601(a)(i).

5315.407-90 Contract Audit Follow-Up (CAFU)

Follow MP5315.407-90 for conducting contract audit follow-up (CAFU).

5315.407-91 Formula Pricing Agreements

While use of Formula Pricing Agreements (FPA) is optional, contracting officers must follow MP5315.407-91 to establish an FPA.

5315.408 Solicitation Provisions and Contract Clauses

(3)(i)(A)(2) See MP5301.601(a)(i).

(ii)(A)(2) See MP5301.601(a)(i).

SUBPART 5315.6 — UNSOLICITED PROPOSALS

5315.606 Agency Procedures

(a) See MP5315.606-90 for procedures for receipt, evaluation, and disposition of unsolicited proposals.

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