ATCH 16 - PPP.pdf

Attachment # 16

PUBLIC PRIVATE PARTNERSHIP - PARTNERSHIP WITH

AIR FORCE SUSTAINMENT CENTER

1. Purpose: This Attachment is to provide guidance and facilitate the implementation of a Public Private Partnership (PPP) between the Government, the Contractor, and the Air Force Sustainment Center, hereinafter referred to as “AFSC.” Terms and conditions for PPP are established through a Partnership Agreement between the Contractor and AFSC and the work required under this contract is executed through an Implementation Agreement (IA) with the 309th Software Engineering Group, hereinafter referred to as “309 SWEG”.

2. Authority: The Contractor is authorized to negotiate a PPP with AFSC in accordance with the appropriate statutory authorities listed below. 309 SWEG performs as a seller of services under the PPP.

a) 10 USC Section 2474, Centers of Industrial and Technical Excellence: designation;

public-private partnerships (CITE partnerships);

b) 10 USC Section 2667, Leases: non-excess property of military departments (Leases);

c) Federal Acquisition Regulation (FAR) Part 45.3, Authorizing the Use and Rental of Government Property (Government Furnished Property (GFP)).

d) 10 USC Section 2539b, Availability of samples, drawings, information, equipment, materials, and certain services.

3. Flow-down Requirement: The Contractor shall insert the substance of this Attachment in its subcontracts where such subcontractors, at the appropriate tier, have a PA/IA with AFSC/309 SWEG for this contract.

4. Federal Acquisition Regulation (FAR) Non-Applicability: Pursuant to FAR 1.104, FAR Applicability, PAs/IAs fall outside the applicability of the FAR and agency supplements thereto, because the FAR applies to contracts where the Government party functions as a buyer. No clause or provision contained in the FAR or the Department of Defense (DoD)/Other Agency Supplement thereto, or any Presidential Executive Order (EO) otherwise applying to the conduct of acquisition from Non-Federal contractors, which is specifically included in this contract, shall apply to any PA/IA with AFSC, or to any other contractual vehicle placed by the Contractor with AFSC, providing a supply/service under this contract, except as may be expressly included by mutual consent.

Inclusion of any FAR or agency supplement clause or requirement shall be a subject of

FA8823-23-R-0001 Attachment 16 CSAR IDIQ PPP negotiation between the buyer (Contractor) and the seller (AFSC/309 SWEG).

a) The Truth in Negotiations Act, hereinafter referred to as “TINA”, 10 U. S. C. Section 2306a, as amended, () and its implementing regulations/clauses, do not apply to AFSC/309 SWEG performance under this contract. Accordingly, the Government agrees:

i. The portion of the Contractor’s contract price that consists of costs relating to work performed by 309 SWEG need not be supported by the submission of certified cost or pricing data;

ii. Requirements for submission of “subcontractor cost or pricing data,” and performance of a cost analysis on said data by the Contractor are inapplicable to cost or pricing data submitted by 309 SWEG IAs and,

iii. The absence of such certified data shall not form the basis, directly or indirectly, for a claim by the Government of defective pricing against the Contractor.

iv. The Contractor is still required to perform a technical analysis of PA/IA proposals in order to determine proposal completeness.

b) The Contracting Officer will not consider the cash advances required by the terms of the PA/IA to be “Advanced Payments” under FAR Part 32.4.

c) Pricing guidance for sales of goods/services by the 309 SWEG provided to the Contractor under a IA is set forth in the DoD 7000.14-R, Financial Management Regulation FMR), Volume 2B, Chapter 9, paragraph 090110, Public Private Partnerships at Defense Working Capital Fund Depot Maintenance Activities.

d) When appropriate to the scope and risks associated with the subject contract, 309 SWEG may elect to accept quarterly “advance payments” pursuant to FMR 7000.14-R, Vol. 2B, 090110, Subparagraph 5.

e) FAR Part 32.4 will continue to apply with respect to any Advanced Payments by the Government (as the buyer) for the exclusive benefit of the Contractor under this contract.

5. Risk of Damage/Loss: The Government assumes the risk of, and shall be responsible for, any loss or destruction of, or damage to any Government Furnished Property (GFP) or Contractor- acquired property transferred to the AFSC/309 SWEG under the PA/IA, including but not limited to, any amounts Contractor might otherwise be responsible for under Defense Federal Acquisition Regulation Supplement (DFARS) clauses 252. 228-7001, or other Government Property clause such as 52.245-1 of this contract.

6. Funding: The Government will provide funding to Contractor in such a way that Contractor can fulfill its obligation to provide advance funding to 309 SWEG.

FA8823-23-R-0001 Attachment 16 CSAR IDIQ PPP