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
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 5615.6 UNSOLICITED PROPOSALS
5615.604 Agency Points of Contact.
5615.606 Agency Procedures.
SOFARS PART 5615
CONTRACTING BY NEGOTIATION
5615.001 Definitions.
(a) Business Clearance:
(1) For competitive acquisitions, approval from the appropriate approval authority to award without discussion or begin discussions.
(2) For non-competitive acquisitions, negotiated modifications, and delivery or task orders, the approval to begin negotiations.
(b) Contract Clearance is the approval of the negotiated business arrangement. The Contract Clearance review is accomplished after completion of negotiations and prior to the Contracting Officer signing the contract. Contract clearance shall be accomplished prior to sending the contract to the Source Selection Authority for the final SSA decision.
SUBPART 5615.2 - SOLICITATION AND RECEIPT OF PROPOSALS AND INFORMATION
5615.209 Solicitations Provisions and Contract Clauses.
(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) Contracting officers may insert a provision substantially the same as the provision 5652.214-9001, Completing Standard Form (33, 26, or 1449), Solicitation, Offer, and Award, in competitive solicitations when required to clarify completion of the award document.
(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) Contracting officers shall insert 5652.215.9016, Technical and Contractual Questions Concerning This Solicitation, in all competitive solicitations and may use this clause in sole source solicitations.
SUBPART 5615.3 - SOURCE SELECTION
5615.303 Responsibilities.
(Revised July 2008)
(b)
(1) If contractor personnel support is approved, then the RFP must inform offerors that contractor personnel will have access to their proposal, including the name of the company and the extent of their participation.
(2)
(A) A formal Source Selection Plan (SSP) is required for all competitive acquisitions over $1 million. The Source Selection Plan Template and Guide and the Source Selection Sensitive Document Cover Sheet can be found in the DCG.
(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 CO/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, SOAL-KM/SOAL-KA will review the SSP, regardless of the dollar amount.
5615.305 Proposal Evaluation.
(a)(2)(iii)
Evaluations of past performance shall include reports obtained from the Federal Past Performance Automated Information System (PPIRS).
(4) The Source Selection Authority (SSA) may allow access to cost information to all source selection evaluation team members. If access to cost data is to be limited or denied to the technical team or others, describe the limitations and rationale for it in the SSP.
5615.306 Exchanges with Offerors After Receipt of Proposals.
(b) The rationale for the decision to communicate with offerors prior to establishment of the Competitive Range Determination (CRD) shall be documented and included in the Business Clearance Memorandum (BCM).
5615.306-90 Award without Discussion.
(a) The Contracting Officer shall obtain Business Clearance approval prior to award without discussion or beginning negotiations.
(b) The BCM and supporting documents shall contain sufficient information to support the Contracting Officer's 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.
(b) The SSA (or Contracting Officer if not the same as the SSA) shall obtain written confirmation of changes from the offerors prior to award to preclude subsequent misunderstanding of the agreement(s) reached during the tradeoff process.
5615.308 Source Selection Decision.
The Contracting Officer shall obtain Contract Clearance approval prior to the SSA award decision.
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
5615.404-1 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 SOAL-K Review Board for all actions covered in this Subpart that require review.
5615.406 Documentation.
5615.406-1 Prenegotiation Objectives.
(Revised June 2008))
(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 the Business Clearance Memorandum (BCM). Negotiation objectives for contracting actions less than $550,000 may be documented after conducting the negotiations.
(b) Business Clearance documentation shall include the Source Selection Evaluation Board (SSEB) report when a review is required by SOAL-KA in accordance with Attachment 5601-1 on competitive acquisitions. It is not necessary to paste the SSEB material into the heart of the BCM if attaching it will suffice.
5615.406-3-90 Documenting the Negotiation.
(a) The Business Clearance Memorandum (BCM) is a record of the business decision process. Contracting officers should tailor this document to meet the specific needs of the procurement.
(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 PPAIS or when applicable, state that no information on the contractor was found in PPAIS.
(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.
(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) Contracting officers shall include the provision at 5652.215-9005, Estimated Prices for Data, in solicitations that include data requirements.
(q) Contracting officers may include a provision substantially the same as the provision at 5652.215-9006, Submittal of Cost/Price Proposal to DCAA, in solicitations in which it is anticipated that the proposals will be audited by DCAA.
(r) Contracting officers may include a provision substantially the same as the provision at 5652.215-9011.
SUBPART 5615.6 UNSOLICITED PROPOSALS
5615.604 Agency Points of Contact.
(Revised January 2009)
HQ, USSOCOM Unsolicited Proposal Point of Contact shall be the Technical and Industrial Liaison Office (SOAL-M).
5615.606 Agency Procedures.
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 the USSOCOM Director of Procurement 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 Acquisition and Logistics Center (SOAL-K)
SOFARS 5615
February 2007