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Section 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.
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