AFFARS Part 5315

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PART 5315
Contracting by Negotiation

[Revised 21 JUL 2004, effective 1 OCT 2004]

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Note: This document contains revised source selection procedures. For access to the previous version of those procedures refer to AFFARS 5315, dated 5 Feb 2004.

5315.001 Definitions.

“Deficiency” (for Air Force source selections) is a material failure of a proposal to meet a Government requirement.

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 request for proposal 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.

SUBPART 5315.3 — SOURCE SELECTION


5315.300 Scope of subpart.

See the Mandatory Procedures at MP5315.3 for required Air Force Source Selection responsibilities and procedures.

5315.303 Responsibilities.

(a) The contracting officer is the Source Selection Authority (SSA) for acquisitions $10 million and below. MAJCOMs and DRUs may establish SSAs for “Other Contracting” acquisitions greater than $10 million. SSA shall not be delegated lower than the contracting officer. SSAs for AFPEO/CM acquisitions and for ACAT acquisitions greater than $10 million are listed below:


5315.304 Evaluation factors and significant subfactors.

See the Mandatory Procedures at MP5315.304 for required Air Force Source Selection factors.

5315.305 Proposal evaluation.

See the Mandatory Procedures at MP5315.305 for required Air Force proposal evaluation procedures.

(a) Offerors are required to meet all solicitation requirements, such as terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors or subfactors. Failure to meet a requirement may result in an offer being ineligible for award. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale. The instructions to offerors and evaluation criteria (Sections L and M or equivalent provisions of the solicitation) shall inform offerors of this condition for award.

Informational Guidance on documenting the proposal analysis is available in the Air Force Proposal Analysis Report Guide.

(c) Non-government Personnel.

5315.306 Exchanges with offerors after receipt of proposals.

See Mandatory Procedures at MP5315.306 for Air Force requirements regarding exchanges with offerors.

(c)(1) The SSA shall establish the competitive range.

5315.308 Source selection decision.

See the Mandatory Procedures at MP5315.308 for required Air Force Source Selection decision activities and documentation.

SUBPART 5315.4 — CONTRACT PRICING

5315.402 Pricing policy.

(a) For firm-fixed price (FFP) competitive contracts where adequate price competition is anticipated, approval to obtain information other than cost or pricing data from offerors shall be obtained from the DAS(C). Requests should address the following:

5315.403 Obtaining cost or pricing data. (No Text)

5315.403-1 Prohibition on obtaining cost or pricing data (10 U.S.C. 2306a and 41 U.S.C. 254b).

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

5315.404-3 Subcontract Pricing Considerations

See Informational Guidance at IG5315.404-3 for additional subcontract pricing considerations.

5315.407 Special cost or pricing areas.

5315.407-90 Contract Audit Follow-Up (CAFU)

Follow the Mandatory Procedures at MP5315.407-90 for conducting contract audit follow-up (CAFU).

5315.407-91 Formula Pricing Agreements

Formula Pricing Agreements (FPAs), sometimes referred to as spare parts pricing agreements, may be used by contracting officers to establish the pricing methodology for more than one future contract action. They may also be used to establish a pricing methodology for corporate contracts and strategic sourcing agreements. While use of FPAs is optional, contracting officers shall follow the Mandatory Procedures at MP5315.407-91 to establish an FPA.

5315.407-4 Should-cost review.

(b) Program should-cost review.

SUBPART 5315.5 — PREAWARD, AWARD, AND POSTAWARD NOTIFICATIONS, PROTESTS, AND MISTAKES

5315.506 Postaward debriefing of offerors.

(d) Postaward debriefings provide offerors an explanation of why they were either excluded from the competitive range or not selected for contract award. Open and frank exchanges of information with offerors after award are necessary in order to demonstrate the fairness and integrity of the source selection process and reduce unnecessary protests. Debriefings to all successful and unsuccessful offerors shall provide sufficient information to effectively convey the basis of the SSA’s integrated assessment and selection decision and to assist offerors in improving future proposals. Follow Mandatory Procedures at MP5315.5 for conducting postaward debriefings.

SUBPART 5315.6 — UNSOLICITED PROPOSALS

5315.606 Agency procedures.

HQ AFMC/PKP is the point of contact for the receipt and disposition of all unsolicited proposals received at the Air Staff (HQ USAF) and Secretariat (SAF) with the exception of proposals dealing with satellites, space systems, and launch vehicles. HQ AFSPC/PKP is the central point of contact for all unsolicited proposals dealing with satellites, space, and launch systems. The responsible HQs office shall review the proposal contents and determine the proper activity within the Air Force to evaluate and process the proposal. MAJCOMs and DRUs shall establish points of contact and procedures for receipt and disposition of unsolicited proposals received locally, consistent with the requirements in FAR 15.6. Unless otherwise directed by SAF/AQC, the cognizant point of contact responsible for receipt and disposition of unsolicited proposals shall provide the Air Force’s response to offerors.

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