Part 5615 - CONTRACTING BY NEGOTIATION

The DFARS limits, and for certain items, prohibits the use of lowest price technically acceptable (LPTA) source selection process. All USSOCOM acquisitions must comply with DFARS 215.101-2-70 if LPTA procedures are being contemplated. Accordingly, the file shall contain two separate determinations:

(1) If the Contracting Officer intends to utilize Lowest Price Technically Acceptable (LPTA) source selection procedures; then during acquisition planning, the Contracting Officer must document within the Acquisition Plan or Strategy, the circumstances justifying the use of LPTA procedures for source selection as required by DFARS 215.101-2-70(a)(1)(viii). For USSOCOM acquisitions, this determination shall be a separate memorandum or shall be documented within the Acquisition Plan or Strategy, signed by the contracting officer, that describes how the contemplated acquisition meets ALL of the conditions listed at DFARS 215.101-2-70(a)(1). For contract awards, or for task or delivery order awards utilizing LPTA source selection process, this determination shall be a separate memorandum or shall be documented specifically within the Business Clearance Memorandum, signed by the contracting officer, that describes how the contemplated acquisition meets ALL of the conditions listed at DFARS 215.101-2-70(a)(1).

(2) Secondly, if LPTA procedures were utilized in the evaluation of proposals for new contract awards or proposals for delivery or task order awards, in accordance with DFARS 215.101-2-70(a)(1)(vii), the contracting officer shall document the contract file with a determination from the requiring activity that the lowest priced offer reflects the full life-cycle costs for the supply or service being acquired. For USSOCOM acquisitions, this determination shall be a separate memorandum or shall be specifically documented within the technical evaluation, signed by the requiring activity official, that describes the analysis conducted to determine the lowest priced offer reflects the full life-cycle costs for the supply or service being acquired.

(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) ).

(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.

(Revised June 2020 )

(b)(2)(v) When comparison to an Independent Government Cost Estimate (IGCE) is the method of cost or price analysis to be used to determine fair and reasonableness, the Requiring Activity Officer (RAO) is required to:

(A) Sign and date the completed IGCE; and

(B) Include a detailed cost narrative in support of the estimate and provide it 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. Additionally, within the Business Clearance Memorandum (BCM), the Contracting Officer is required to state:

(A) Who prepared the IGCE,

(B) The date the IGCE was finalized; and

(C) Confirm that a narrative basis for the IGCE is included in the IGCE document and is adequate to use for evaluation and/or negotiation purposes.

(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.

(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.

(Revised June 2018)

(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 Request for Clearance template (Appendix J of the Source Selection Procedures) can be found in the DCG Table of Contents. 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.