15.408
Solicitation provisions and contract clauses
FAR 15.408 mandates specific clauses and detailed proposal submission requirements for contracts involving certified cost or pricing data, ensuring transparency and compliance in negotiated procurements.
Overview
FAR 15.408 prescribes the specific solicitation provisions and contract clauses that contracting officers must include in solicitations and contracts involving cost or pricing data, make-or-buy programs, unit pricing, pension adjustments, facilities capital cost of money, postretirement benefits, ownership changes, and pass-through charges. It also provides detailed instructions (Table 15-2) for submitting cost/price proposals when certified cost or pricing data are required, including required formats, supporting documentation, and certification procedures.
Key Rules
- Make-or-Buy Program Clauses
- Use clause 52.215-9 (and alternates) when a make-or-buy program is part of the contract, with alternates for incentive contracts.
- Certified Cost or Pricing Data Clauses
- Insert clauses 52.215-10, 52.215-11, 52.215-12, and 52.215-13 as appropriate when certified cost or pricing data are required for contracts or modifications, including for subcontractors.
- Integrity of Unit Prices
- Use clause 52.215-14 except for certain contract types and thresholds.
- Pension, Facilities, and PRB Clauses
- Insert clauses for pension adjustments (52.215-15), facilities capital cost of money (52.215-16, 52.215-17), and postretirement benefits (52.215-18) as applicable.
- Ownership Changes and Pass-Through Charges
- Use 52.215-19 for ownership changes and 52.215-22/23 for pass-through charges under specified conditions.
- Proposal Submission Instructions
- Table 15-2 details the required content, formats, and supporting documentation for cost/price proposals, including indexes, breakdowns, and certifications.
Responsibilities
- Contracting Officers: Must ensure the correct clauses and provisions are included based on contract type, value, and data requirements; review and verify proposal submissions for compliance.
- Contractors: Must submit proposals with all required certified cost or pricing data, follow Table 15-2 instructions, provide supporting documentation, and update/certify data as required.
- Agencies: Oversee compliance, review submissions, and enforce clause requirements.
Practical Implications
- Ensures transparency and accuracy in pricing for negotiated contracts.
- Failure to include required clauses or submit proper data can delay awards or result in penalties.
- Contractors must maintain robust documentation and be prepared for audits or data reviews.