MP5350.103-5 Processing Cases

Mandatory Procedure

MP5350.103-5
Processing Cases

[2013 Edition]

Process requests for contract adjustments due to Extraordinary Contractual Actions as follows:

(a) Letter of Acknowledgement. Within 10 calendar days after receipt of a contractor's request for relief, the contracting officer must send the contractor a letter of acknowledgment which:

(1) Identifies any additional information that is needed before the contracting office will begin processing the request and advises the contractor that the additional information must be submitted within 30 calendar days; and

(2) Advises the contractor that failure to submit the information within the allotted time may result in denial of the request.

(b) Preliminary Record. Within 10 calendar days after receipt of a request complying with FAR 50.103, the contracting officer must provide to the approving authority identified in 5350.102 a preliminary record consisting of:

(1) Purchase request (PR) and other documents reflecting previous prices paid;

(2) Solicitation, including amendments;

(3) Determination and Findings rendered;

(4) Abstract of bids or proposals;

(5) Contract awarded and all change orders or supplemental agreements;

(6) Contractor's request for relief;

(7) Contracting officer’s letter acknowledging contractor's request for relief or requesting
additional information; and

(8) Any additional documentation pertinent to the request for relief.

(c) Final Record. Within 90 calendar days after receipt of a request complying with FAR 50.103, the contracting officer must provide to the approval authority a final record consisting of:

(1) A current version of the documents in the preliminary record.

(2) An audit report, if such a report is required.

(3) A memorandum from the contracting officer including:

(i) A statement of facts based on the contracting officer's knowledge of the
circumstances;

(ii) A statement as to whether the contractor has submitted the information required in FAR 50.103, or requested by the contracting officer pursuant to FAR 50.104, and comments on the accuracy and completeness of this information;

(iii) A statement of the extent of performance and whether performance to date has been satisfactory;

(iv) Whether the contractor is a small or large business;

(v) When the contractor has alleged a mistake, a statement of when the alleged mistake was first brought to the contracting officer's attention; whether the contracting officer believes that a mistake actually occurred, and, if so, how it occurred. For example, whether it occurred through clerical or mathematical error in the contractor's offer, through an error in the bid, etc. and, if in sealed bid contracts, the contracting officer requested verification of the bids;

(vi) When the contractor has alleged an informal commitment, a statement of the action taken by the Government; whether the Government actually received supplies or services as a result of that action; and evidence to support or preclude a finding that the informal commitment was made at a time when it was impracticable to use normal contracting procedures; and

(vii) Such additional evidence as the contracting officer considers pertinent.

(4) The contracting officer's recommendation as to whether the contractor's request should be approved in whole or in part, or denied. If approval is recommended, the contracting officer should:

(i) Explain why other legal authority is deemed to be lacking or inadequate;

(ii) Specify the dollar amount which the contracting officer considers fair and reasonable and include supporting evidence (if the recommendation involves a change in the contract price or other payment to the contractor); and

(iii) Provide a determination that the contractor is essential to the national defense (if relief is to be granted in the form of an amendment without consideration based on a contractor being essential to the national defense). The determination should include a detailed statement of the contractor's financial condition and projection of financial assistance needed for continued viability, the availability of alternate sources, mission impact if the contractor cannot continue to perform on current Air Force contracts, and the estimated cost and impact of a delay to develop another source.

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