afmcac97-6

IMMEDIATE ACTION

DEPARTMENT OF THE AIR FORCE AFMC ACQUISITION CIRCULAR 97-6

Headquarters AFMC

Wright-Patterson AFB OH 45433 24 Mar 00

Air Force Materiel Command Acquisition Circular (AFMCAC)

1. All items in this AFMCAC are effective as of the date of publication unless otherwise specified in the item description. They shall remain in effect until specifically cancelled or incorporated by a subsequent edition of the AFMCFARS.

2. It implements AFMC FAR Council case 00-12, Review of Award Fee Determinations and corrects errors in AFMCAC 97-05. Therefore, the AFMCFARS is amended as specified below (all changes are marked on the change pages by revision marks):

a. Item 1. AFMCFARS 5253.216-9003, Award Fee, page 52-38, is amended to conform the clause based on Federal Acquisition Circular 97-15 which changed FAR 16.406(e) to state, "Expressly provide that the award amount and the award fee determination methodology are unilateral decisions made solely at the discretion of the Government." (AFMC FAR Council case 00-12)

b. Item 2. AFMCFARS 5352.215-9011, page 52-30, is eliminated. It should have been removed in AFMCAC 97-05 based on AFMCFARS case 99-07. The significant amount of deleted text caused the renumbering of the rest of part 5252 from page 52-30 forward.

c. Item 3. AFMCFARS 5353.290, page 53-2, is amended to eliminate AFMC forms 829 and 829a. They should have been removed from part 5253 in AFMCAC 97-05 based on AFMC FARS case 99-16.

No. of Printed Pages: 104

OPR: HQ AFMC/PKP (Kenneth J. Farr)

Distribution: F

HQ USAF/LG, Wash DC 20330-5000.............4

SAF/AQCP, Wash DC 20330-5000................ 3

HQ USAF/JAC, Wash DC 20330-5000...........1

HQ AFIA/IM, Kirtland AFB NM 87117-5670....1

AUL/LDEA, Maxwell AFB AL 36112-5564...... 1

3. Filing instructions:

Page Insert changes:

Remove: Insert:

52-i - 52-vi 52-i - 52-vi

52-29 - 52-128 52-29 - 52-124

53-1, 2 53-1, 2

-------------------------------5352.216-9003 Award Fee.

As prescribed in 5316.406(90), insert the following clause, substantially as written, in Section I:

AWARD FEE (AFMC) (MARCH 2000)

(a) In addition to the profit/fee set forth elsewhere in the contract, the Contractor may earn a total award fee amount of up to (insert dollar amount) on the basis of performance during the evaluation periods.

(b) Monitoring of Performance. The Contractor's performance will be continually monitored by the performance monitors whose findings are reported to the Award Fee Review Board (AFRB). The AFRB recommends an award fee to the Fee Determining Official (FDO) who makes the final decision of the award fee amount paid based on the Contractor's performance during the award fee evaluation period.

(c) Award Fee Plan. The evaluation criteria and associated grades are specified in the award fee plan. The evaluation periods with the associated award fee pool amounts and performance criteria with associated percentages of available award fee are also specified in the award fee plan. Upon contract award, the Contractor will be provided the FDO-approved award fee plan.

(d) Modification of Award Fee Plan. Unilateral changes may be made to the award fee plan if the Contractor is provided written notification by the Contracting Officer before the start of the upcoming evaluation period. Changes affecting the current evaluation period must be by bilateral agreement.

(e) Self-Evaluation. The Contractor may submit to the Contracting Officer, within five (5) working days after the end of each award fee evaluation period, a brief written self-evaluation of its performance for that period. This self-evaluation shall not exceed (insert number of pages) pages. This self-evaluation will be used in the AFRB's evaluation of the Contractor's performance during this period.

(f) Determination and Methodology, The determination and methodology for determining the award-fee amount are unilateral decisions made solely at the discretion of the Government.

(g) Award Fee Payment.

(1) Award fee is not subject to the allowable cost, and payment or termination clauses of this contract.

(2) The Contractor may bill for the award fee immediately upon receipt of the Contracting Officer's authorization for payment of the earned award fee amount.

(End of clause)

AFMCFARS 5352.215-9011 (reserved), page 52-30, is eliminated.

AFMCFARS 5353.290, page 53-2, is amended to eliminate AFMC forms 829 and 829a.