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SOFARS PART 5615CONTRACTING BY NEGOTIATION



SOFARS PART 5615 - CONTRACTING BY NEGOTIATION
5615.001
Definitions.
SUBPART 5615.2 - SOLICITATION AND RECEIPT OF PROPOSALS AND INFORMATION
5615.209
Solicitations Provisions and Contract Clauses
SUBPART 5615.3 - SOURCE SELECTION
(Revised January 2014)

5615.300 Scope of Subpart
5615.303 Responsibilities.
5615.305
Proposal Evaluation.
5615.306
Exchanges with Offerors After Receipt of Proposals.
5615.306-90
Award Without Discussion.
5615.307 Proposal Revisions.
5615.308
Source Selection Decision.
5615.3-90
Solicitation Provisions and Contract Clauses.
SUBPART 5615.4 - CONTRACT PRICING
5615.404 Proposal Analysis.
5615.404-1
Proposal Analysis Techniques.
5615.404-70
DD form 1547, Record of Weighted Guidelines Method Application.
5615.406
Documentation.
5615.406-1
Prenegotiation Objectives.
5615.406-3-90
Documenting the Negotiation.
5615.408
Solicitation Provisions and Contract Clauses.
SUBPART 5615.5 - PREAWARD, AWARD, AND POSTAWARD NOTIFICATIONS, PROTESTS, AND MISTAKES
(Revised February 2013)
5615.503 Notifications to Unsuccessful Offerors.
5615.505 Preaward Debriefing of Offerors.
5615.506 Postaward Debriefing of Offerors.
SUBPART 5615.6 UNSOLICITED PROPOSALS
5615.604
Agency Points of Contact.
5615.606
Agency Procedures.

SOFARS PART 5615
CONTRACTING BY NEGOTIATION

 
5615.001 Definitions.
(Revised February 2014)
(a) Business Clearance (BC):

(b) Contract Clearance:

SUBPART 5615.2 - SOLICITATION AND RECEIPT OF PROPOSALS AND INFORMATION

5615.209 Solicitations Provisions and Contract Clauses.
(Revised August 2017)
(i) Contracting officers may include a provision substantially the same as 5652.215-9001, Notice of Pre-proposal Conference, in the solicitation when a pre-proposal conference is contemplated in accordance with FAR 15.201. When access to classified documents is contemplated, contracting officers may include a provision substantially the same as the basic provision, Alternate I.
(j) (Removed August 2017)
(k) Contracting officers may include a provision substantially the same as the provision at 5652.215-9009, Personnel Changes before Award, in solicitations requiring submittal of resumes.
(l) (Removed August 2017)
(m) (Removed August 2017)

SUBPART 5615.3 - SOURCE SELECTION

5615.300 Scope of Subpart
(Added June 2014)
Contracting officers shall follow the principles and procedures in Director, Defense Procurement and Acquisition Policy memorandum dated March 4, 2011, Department of Defense Source Selection Procedures and the USSOCOM Source Selection Procedures Supplement dated 13 January 2012 that can be found on the SOF AT&L Source Selection Procedures Area of the Portal.
5615.303 Responsibilities.
(Revised December 2015)
(a) In accordance with DoD Source Selection Procedures, the SSA for all USSOCOM source selections with a total estimated value of $100M or more, shall be someone other than the contracting officer.

(A) (Removed January 2014)
(B) When the Reviewer is not the Source Selection Authority (SSA), the review and approval of the source selection method and plan shall be accomplished in accordance with Attachment 5601-1 prior to the release of the solicitation. The source selection method and plan must be reviewed and approved by the SSA. If the KO is also the SSA, the Division Chief/Field Office Chief will review the SSP. If the Division Chief/Field Office Chief is also the SSA, SOF AT&L-KM or SOF AT&L-KX as appropriate, will review the SSP, regardless of the dollar amount.

(b) (Removed January 2014)
5615.305 Proposal Evaluation.
(Revised April 2015)
(a)(2)(iii)
Evaluations of past performance shall include reports obtained from the Past Performance Information Retrieval System (PPIRS), if available.

5615.306 Exchanges with Offerors After Receipt of Proposals.
(Revised January 2014)
(b) The rationale for the decision to communicate with offerors prior to establishment of the Competitive Range Determination (CRD) shall be documented. The CRD shall be included in the Business Clearance Memorandum (BCM) if not using formal source selection procedures.


5615.306-90 Award without Discussion.
(Revised January 2014)
(a) The Contracting Officer shall obtain Business Clearance approval prior to award without discussion or beginning negotiations.
(b) The source selection supporting documents, and or BCM if not using formal source selection procedures, shall contain sufficient information to support the Source Selection Authority decision for inclusion or exclusion of sources from the competitive range or limits imposed to promote efficient competition (FAR 15.306(c)).
5615.307 Proposal Revisions.
(Removed January 2014)
5615.308 Source Selection Decision.
(Removed January 2014)


5615.3-90 Solicitation Provisions and Contract Clauses.
(Revised November 2007)
(a) Contracting officers may include a provision substantially the same as the provision at 5652.215-9008, Past Performance Data, in solicitations requiring submittal of past performance data. The provision shall be included in solicitations that contain 5652.215-9012, Basis for Award, Alternate I, or 5652.215-9014, Basis for Award-Lowest Price, Technically Acceptable Proposal.
(b) Contracting officers may include a provision substantially the same as the provision at 5652.215-9012, Basis for Award, in solicitations when the basis for award includes factors other than price. The provision should not be used in solicitations using streamlined acquisition procedures for commercial products in accordance with FAR Part 12. Do not use this provision when a Source Selection Plan containing Section M language is approved unless the plan specifically includes this provision. The provision shall be included with its Alternate I when past performance is an evaluation factor for award. If Alternate 1 is used, include the provision at 5652.215-9008, Past Performance Data, in Section L. The provision shall be included with its Alternate II when evaluation credit will be given to those technical solutions exceeding mandatory minimums (See FAR 15.306(d)(3)).
(c) Contracting officers may include a provision substantially the same as the provision at 5652.215-9014, Basis for Award-Lowest Price, Technically Acceptable Proposal, in solicitations when the award will be made using lowest price technically acceptable source selection procedures in accordance with FAR 15.101-2. The provision should not be used in solicitations using streamlined acquisition procedures for commercial products in accordance with FAR Part 12. The provision shall be included with its Alternate I when past performance is an evaluation factor for award. If Alternate I is used, include the provision at 5652.215-9008, Past Performance Data, in Section L.
(d) Contracting officers shall include 5652.215-9015, Evaluation of Offers - Full Quantity, in all competitive solicitations when the Government will not accept offers for quantities less than those stated in schedule.

SUBPART 5615.4 - CONTRACT PRICING

5615.404 Proposal Analysis.


5615.404-1 Proposal Analysis Techniques.
(b)(2)(v) When comparison to an Independent Government Cost Estimate (IGCE) is the method of proposal cost analysis to be used, the Requiring Activity Officer (RAO) is required to supply a detailed cost estimate to the Contracting Officer. The IGCE shall be marked "PROCUREMENT SENSITIVE." Access to the IGCE will be limited to government representatives directly involved in the cost analysis of the solicitation.


5615.404-70 DD Form 1547, Record of Weighted Guidelines Method Application.
(a) The weighting assigned will be justified in the Business Clearance Memorandum (BCM).
(b) The Contracting Officer must include the completed DD Form 1547 in the contract file sent to the SOF AT&L-K Review Board for all actions covered in this Subpart that require review.
5615.406 Documentation.
(Revised December 2015)
See DFARS PGI 215.406-3 for guidance on the use of the Contract Business Analysis Repository (CBAR) for all negotiated pricing actions exceeding $25M and definitized or awarded actions over $100M.


5615.406-1 Prenegotiation Objectives.
(Revised January 2014)
(a) Contracting officers shall obtain Business Clearance approval prior to entering into negotiations or discussions. The appropriate Business Clearance approval authority shall approve pre-negotiation objectives. Negotiation objectives shall be documented in Business Clearance Memorandum (BCM) for non-competitive actions and actions using non-formal source selection procedures.
(b) Business Clearance documentation shall include the appropriate documents listed in the Review Package Contents Checklist at 5601-1.1 in accordance with Attachment 5601-1 on competitive acquisitions.


5615.406-3-90 Documenting the Negotiation.
(Revised January 2014)
(a) The Business Clearance Memorandum (BCM), used for non-competitive or non-formal source selections, is a record of the business decision process. Contracting officers should tailor this document to meet the specific needs of the procurement. Contracting officers may use the BCM for formal source selections if deemed appropriate.
(b) The Contracting Officer shall obtain Contract Clearance approval after completion of negotiations or discussions and prior to award. The completed BCM including post-negotiation information shall be submitted.
(c) Contract Clearance review and approval may be waived by the Business Clearance approval authority if the negotiated amount is within a range approved in the BCM and a model contract containing all applicable terms and conditions was included with the BCM when it was submitted and was also approved. The Contracting Officer must obtain Contract Clearance approval if the negotiated price is outside the approved range or the terms and conditions are significantly changed as a result of the negotiations.
(d) Past performance evaluation documentation shall address reports obtained through the Federal Awardee Performance and Integrity Information System (FAPIIS) or when applicable, state that no information on the contractor was found in FAPIIS.
(e) The BCM must address the subcontract plan when applicable in accordance with FAR 19.7 and FAR 44.1.
(f) The Contracting Officer shall insure that all copies of the BCM are marked "FOR OFFICIAL USE ONLY."
(g) The Determination of Responsibility need not be a separate document when the information required by FAR 9.1 is contained within the BCM.
5615.408 Solicitation Provisions and Contract Clauses.
(Revised August 2017)
(n) Contracting officers may include a provision substantially the same as the provision at 5652.215-9007, Bill of Materials, in solicitations requiring cost analysis and the Contracting Officer wants offerors to submit a consolidated bill of materials.
(o) Contracting officers may include a provision substantially the same as the provision at 5652.215-9010, Cost and Pricing Data Not Required, in solicitations when cost or pricing data is not required.

(p) (Removed August 2017)
(q) (Removed August 2017)
(r) (Removed August 2017)

SUBPART 5615.5 - PREAWARD, AWARD, AND POSTAWARD NOTIFICATIONS, PROTESTS, AND MISTAKES

(Added July 2009)
5615.503 Notifications to Unsuccessful Offerors.
(Added February 2014)

5615.505 Preaward Debriefing of Offerors.
(j) When providing debriefing material to offerors, electronic media may be provided only if the documents have been converted to an Adobe Acrobat .pdf file and the file has been password protected using Adobe Acrobat version 9 or higher. If the electronic media cannot be converted to .pdf and protected, the hardcopy debriefing material is to be provided via fax after notifying the vendor that a fax is being sent.
5615.506 Postaward Debriefing of Offerors.
(i) Follow the guidelines in 5615.505 Preaward Debriefing to Offerors.

SUBPART 5615.6 UNSOLICITED PROPOSALS

5615.604 Agency Points of Contact.
(Revised March 2012)
HQ, USSOCOM Unsolicited Proposal Point of Contact shall be the Technical and Industrial Liaison Office (TILO) (SOF AT&L-AS).
5615.606 Agency Procedures.
(Revised March 2012)
Contracting offices with the expertise and resources to do so shall process unsolicited proposals submitted to the activity. Those contracting offices without the resources or expertise to process unsolicited proposals may contact TILO for assistance and guidance.

Attachment 5615-1: BUSINESS CLEARANCE MEMORANDUM
Attachment 5615-2: BUSINESS CLEARANCE MEMORANDUM SIGNATURE PAGE

HQ, United States Special Operations Command
Special Operations Forces Acquisition, Technology, and Logistics (SOF AT&L-K)
SOFARS 5615
February 2007

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