These procedures apply to all contract actions requesting clearance in accordance with AFFARS 5301.90. FAR 1.108(c), as supplemented by AFMCFARS, describes how to determine dollar values of various contract actions for clearance. Paragraph (a) describes the procedures for requesting a Multi-functional Independent Review Team review. All of the other paragraphs describe the procedures for requesting clearance.
(a) Multi-functional Independent Review Team Request. Use the “Request for Multi-functional Independent Review Team (MIRT)” template to request MIRT reviews. Submit a new request for each critical decision point (CDP) specified in AFFARS MP5301.9001(b). The request will be used to clearly document the following elements of the MIRT process:
(1) CAA justification and approval of a waiver of a MIRT for an individual acquisition or a waiver of a specific CDP for an acquisition
(2) MIRT Membership
(3) CAA approval of MIRT Membership
(4) CAA approval of any change in MIRT Membership including approval of alternate MIRT members for individual CDPs
(5) CAA approval and requirement of Areas of Special Interest
(6) Documentation of MIRT work product
(7) Source Selection/Procurement Team disposition of MIRT comments
(8) CAA adjudication of MIRT comments
(9) CAA or Source Selection Team Feedback to the Source Selection Authority
(10) Assessment of value added by MIRT process
(11) CAA approval of CDP
(b) Clearance Request. Use the “Request for Business/Contract Clearance” template to request both business and contract clearance review and approval. When both business and contract clearance are required, submit a new request each time. Clearly identify any significant issues or unresolved comments on the “Request for Business/Contract Clearance.”
(c) Clearance Request - Contracting officer review. The contracting officer must first review the contract file/documentation. When all contracting officer comments are resolved the contracting officer shall sign the “Request for Business/Contract Clearance” to request clearance review.
(d) Clearance Request - Legal Review.
(1) Review by local legal counsel, including review of draft clearance briefing charts when required, must be accomplished prior to submitting actions for clearance review and approval. Simultaneous legal and clearance review may be requested only in exceptional cases and when agreed to by the program attorney and the Chief of the clearance review staff. Files submitted for clearance approval must clearly evidence local legal review and comment resolution with the program attorney. If there are unresolved legal comments they must be clearly identified in the file and highlighted in the clearance request and any clearance briefing.
(2) If any significant changes occur after legal review, or the Clearance Approval Authority requires the contracting officer to make significant changes to the contract, legal needs to review the file again.
(3) At ESC’s GSUs, for contracting actions requiring SCCO clearance approval, the organization’s local legal counsel will perform the required legal clearance review. If there are unresolved legal comments the SCCO may request that ESC/JA conduct an independent review prior to clearance approval.
(e) Clearance Request - Clearance Review.
(1) Standard time for clearance review. Submit the Request for Business/Contract Clearance and files to the clearance reviewer (see table at 5315.9001(b)). When the clearance reviewer is at center level, or higher, allow five (5) business days for clearance review, although the goal is to complete the review in three (3) business days. Complex contract files may require longer than five (5) business days for review; in this case, the length of review time will be coordinated with the buying office.
(2) Criteria for submission.
(i) Files must be complete and accurate when submitted for clearance review. Use of a Contract File Content Checklist, is highly recommended for all files to be reviewed. Upon initial receipt, the reviewer will perform a cursory analysis (in most cases within 24 hours of receipt) to ensure that all required documentation is included in the contract file. If any of the file rejection criteria (see below) are met, the file will be rejected and returned to the contracting office. The contracting officer must correct the deficient file prior to resubmitting the file for clearance review. Upon second receipt, the review staff will have the full five (5) business days for review. Files that are received after 2 P.M. will be considered received the following business day.
(ii) Criteria for file rejection. The following are examples of situations that will result in rejection of a file for clearance review:
(A) No evidence of contracting officer review
(B) No evidence of legal review
(C) Inability to easily track numbers between proposal, technical evaluation, Price Negotiation Memorandum (PNM), and modification/contract.
(D) Missing any one, or all, of the following major documents:
Technical Evaluation
Proposal to include all revisions and updates
Award/RFP ready Model Contract
Pre or Final PNM
(3) Clearance Record. The CR assigns a clearance number to the package and reviews the file documentation to ensure that the action meets all applicable clearance policy and objectives of AFFARS 5301.9001. During this review, the CR should work collaboratively with the contracting officer or buyer to resolve any issues and comments. Unavailability of the contracting officer and/or buyer may lengthen the time required for clearance review. The CR will complete Part D of the Request for Business/Contract Clearance. Regardless of clearance review level, the CR shall forward the request for clearance, including any unresolved issues, comments and recommended conditions on the approval to the CAA for clearance approval.
(f) Clearance Request - Clearance Briefing. When the SCCO, or higher level, is the CAA, a clearance briefing is required, unless waived by the CAA in writing. Templates for Business and Contract Clearance briefings may be found at IG 5301.9002. Upon completion of the clearance review, the CR will request the SCCO admin staff arrange the clearance briefing and provide a meeting invitation to the contracting office and the CR. Any unresolved issues and comments from the clearance review shall be addressed in the clearance briefing. Program office personnel may not schedule a clearance briefing with the SCCO. The CR, contracting officer, Division PK (and legal counsel and price analyst if requested by the SCCO) are required to attend the clearance briefing, and it is highly recommended that the Program Manager and Directorate PK also attend.
(g) Clearance Request - Clearance Approval. If the CAA is satisfied that the contract action/file meets the clearance objectives of AFFARS 5301.9001, the CAA will sign and date Part E of the “Request for Business/Contract Clearance” form. Any conditions that the CAA places on clearance approval shall be specified on the “Request for Business/Contract Clearance.” The “Request for Business/Contract Clearance” shall be retained in the official contract file.
(h) Clearance Request - Resubmission for Clearance Approval.
(1) Changes in acquisition strategy and/or terms and conditions may require the contract action to be resubmitted for clearance approval. The following are examples of situations that require resubmission for clearance approval:
(i) Exceeding approved negotiation parameters
(ii) Changing contract type
(iii) Changing contract share ratio
(iv) Major change in quantity
(v) Major change in requirements
(vi) Change to a significant term or condition
(vii) Addition or deletion of a significant term or condition
(2) Impact of Final Proposal Revisions in Source Selections. Since contract clearance occurs prior to requesting Final Proposal Revisions (FPRs) the contracting officer must notify the Clearance Approval Authority (CAA) if final proposals include any significant changes related to contract pricing or terms and conditions, in order for the CAA to determine if a follow-up clearance review/approval should be conducted prior to SSA decision briefing and contract award.
