15.406-3 Documenting the negotiation.

(S-90) For competitive acquisitions that do not require negotiating pricing actions, a formal BCM is not required. Ensure the file is properly documented to establish how the price is determined fair and reasonable, (i.e., competition, prices set by law or regulation, price analysis and the acquisition history. No approvals are required by this subpart.

(S-91) This subpart does not apply to acquisition under the simplified acquisition threshold or for telecommunication services and equipment accomplished using the I/Q/O process or the North Atlantic Treaty Organization (NATO) Allied Long Lines Agency (ALLA)/National Allied Long Lines Agency (NALLA) circuit demand process.

(S-92) BCMs will be routed electronically to a PLD Cost Analyst for review/coordination prior to approval.

(S-93) Post-BCM approval may be waived when the negotiated agreement is within the threshold approved in the pre-BCM and where there were no significant changes to the terms, conditions, or assumptions under which the pre-BCM was developed and approved. If the post-BCM is waived, a waiver statement will be included in the post-BCM. The waiver statement shall state the following: "Approval of the BCM is not required, since the negotiated price is within the approved pre-negotiation objective, and there were no material changes to the pre-BCM terms, conditions, or assumptions." The BCM shall satisfy the requirements of FAR 15.406-3 and shall be signed by the contracting officer responsible for signing the contract.

(S-94) The approval authorities for DITCO pre-BCMs are as follows:

(i)  Contracting Officer -- contract actions not exceeding $5M, but not above the dollar limitation of his/her warrant. If the contracting officer is negotiating the effort and preparing the BCM, the BCM will be approved by at least one level above the contracting officer.

(ii)  Division Chief -- contract actions not exceeding $25M.

(iii)  Head of the Contracting Office (HCO) -- contract actions less than $100M.

(iv)  Head of the Contracting Activity (HCA) -- contract actions $100M or greater.

(S-95) The approval authorities for DITCO post-BCM clearances, when the pre-BCM objectives are not met, are the same as those listed in paragraph (a)(i) through (iv) above.