15.408 Solicitation provisions and contract clauses.
FAC 2005-45 OCTOBER 1, 2010
FAC 2005–37 OCTOBER 14, 2009
(a) Changes or Additions to Make-or-Buy Program. The contracting officer shall insert the clause at 52.215-9, Changes or Additions to Make-or-Buy Program, in solicitations and contracts when it is contemplated that a make-or-buy program will be incorporated in the contract. If a less economical "make" or "buy" categorization is selected for one or more items of significant value, the contracting officer shall use the clause with-
(1) Its Alternate I, if a fixed-price incentive contract is contemplated; or
(2) Its Alternate II, if a cost-plus-incentive-fee contract is contemplated.
(b) Price Reduction for Defective Certified Cost or Pricing Data. The contracting officer shall, when contracting by negotiation, insert the clause at 52.215-10, Price Reduction for Defective Certified Cost or Pricing Data, in solicitations and contracts when it is contemplated that certified cost or pricing data will be required from the contractor or any subcontractor (see 15.403-4).
(c) Price Reduction for Defective Certified Cost or Pricing Data-Modifications. The contracting officer shall, when contracting by negotiation, insert the clause at 52.215-11, Price Reduction for Defective Certified Cost or Pricing Data-Modifications, in solicitations and contracts when it is contemplated that certified cost or pricing data will be required from the contractor or any subcontractor (see 15.403-4) for the pricing of contract modifications, and the clause prescribed in paragraph (b) of this section has not been included.
(d) Subcontractor Certified Cost or Pricing Data. The contracting officer shall insert the clause at 52.215-12, Subcontractor Certified Cost or Pricing Data, in solicitations and contracts when the clause prescribed in paragraph (b) of this section is included.
(e) Subcontractor Certified Cost or Pricing Data-Modifications. The contracting officer shall insert the clause at 52.215-13, Subcontractor Certified Cost or Pricing Data-Modifications, in solicitations and contracts when the clause prescribed in paragraph (c) of this section is included.
(f) Integrity of Unit Prices.
(1) The contracting officer shall insert the clause at 52.215-14, Integrity of Unit Prices, in solicitations and contracts except for-
(i) Acquisitions at or below the simplified acquisition threshold;
(ii) Construction or architect-engineer services under Part 36;
(iii) Utility services under Part 41;
(iv) Service contracts where supplies are not required;
(v) Acquisitions of commercial items; and
(vi) Contracts for petroleum products.
(2) The contracting officer shall insert the clause with its Alternate I when contracting without adequate price competition or when prescribed by agency regulations.
(g) Pension Adjustments and Asset Reversions. The contracting officer shall insert the clause at 52.215-15, Pension Adjustments and Asset Reversions, in solicitations and contracts for which it is anticipated that certified cost or pricing data will be required or for which any preaward or postaward cost determinations will be subject to Part 31.
(h) Facilities Capital Cost of Money. The contracting officer shall insert the provision at 52.215-16, Facilities Capital Cost of Money, in solicitations expected to result in contracts that are subject to the cost principles for contracts with commercial organizations (see Subpart 31.2).
(i) Waiver of Facilities Capital Cost of Money. If the prospective contractor does not propose facilities capital cost of money in its offer, the contracting officer shall insert the clause at 52.215-17, Waiver of Facilities Capital Cost of Money, in the resulting contract.
(j) Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other Than Pensions. The contracting officer shall insert the clause at 52.215-18, Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other Than Pensions, in solicitations and contracts for which it is anticipated that certified cost or pricing data will be required or for which any preaward or postaward cost determinations will be subject to Part 31.
(k) Notification of Ownership Changes. The contracting officer shall insert the clause at 52.215-19, Notification of Ownership Changes, in solicitations and contracts for which it is contemplated that certified cost or pricing data will be required or for which any preaward or postaward cost determination will be subject to Subpart 31.2.
(l) Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data. Considering the hierarchy at 15.402, the contracting officer shall insert the provision at 52.215-20, Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data, in solicitations if it is reasonably certain that certified cost or pricing data or data other than certified cost or pricing data will be required. This provision also provides instructions to offerors on how to request an exception from the requirement to submit certified cost or pricing data. The contracting officer shall-
(1) Use the provision with its Alternate I to specify a format for certified cost or pricing data other than the format required by Table 15-2 of this section;
(2) Use the provision with its Alternate II if copies of the proposal are to be sent to the ACO and contract auditor;
(3) Use the provision with its Alternate III if submission via electronic media is required; and
(4) Replace the basic provision with its Alternate IV if certified cost or pricing data are not expected to be required because an exception may apply, but data other than certified cost or pricing data will be required as described in 15.403-3.
(m) Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data-Modifications. Considering the hierarchy at 15.402, the contracting officer shall insert the clause at 52.215-21, Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data-Modifications, in solicitations and contracts if it is reasonably certain that certified cost or pricing data or data other than certified cost or pricing data will be required for modifications. This clause also provides instructions to contractors on how to request an exception from the requirement to submit certified cost or pricing data. The contracting officer shall-
(1) Use the clause with its Alternate I to specify a format for certified cost or pricing data other than the format required by Table 15-2 of this section;
(2) Use the clause with its Alternate II if copies of the proposal are to be sent to the ACO and contract auditor;
(3) Use the clause with its Alternate III if submission via electronic media is required; and
(4) Replace the basic clause with its Alternate IV if certified cost or pricing data are not expected to be required because an exception may apply, but data other than certified cost or pricing data will be required as described in 15.403-3.
(n) Limitations on Pass-Through Charges.
(1) The contracting officer shall insert the provision at 52.215-22, Limitations on Pass-Through Charges-Identification of Subcontract Effort, in solicitations containing the clause at 52.215-23.
(2)
(i) Except as provided in paragraph (n)(2)(ii), the contracting officer shall insert the clause 52.215-23, Limitations on Pass-Through Charges, in solicitations and contracts including task or delivery orders as follows:
(A) For civilian agencies, insert the clause when-
(1) The total estimated contract or order value exceeds the simplified acquisition threshold as defined in section 2.101 and
(2) The contemplated contract type is expected to be a cost-reimbursement type contract as defined in Subpart 16.3; or
(B) For DoD, insert the clause when-
(1) The total estimated contract or order value exceeds the threshold for obtaining cost or pricing data in 15.403-4; and
(2) The contemplated contract type is expected to be any contract type except-
(i) A firm-fixed-price contract awarded on the basis of adequate price competition;
(ii) A fixed-price contract with economic price adjustment awarded on the basis of adequate price competition;
(iii) A firm-fixed-price contract for the acquisition of a commercial item; or
(iv) A fixed-price contract with economic price adjustment, for the acquisition of a commercial item.
(ii) The clause may be used when the total estimated contract or order value is below the thresholds identified in 15.408(n)(2)(i) and for any contract type, when the contracting officer determines that inclusion of the clause is appropriate.
(iii) Use the clause 52.215-23 with its Alternate I when the contracting officer determines that the prospective contractor has demonstrated that its functions provide added value to the contracting effort and there are no excessive pass-through charges.