AFFARS

AFFARS

Change Number: AFFARS Change 7/1/2022
Effective Date: 07/01/2022

MP5301 - Federal Acquisition Regulations System

MP5301.6 – CAREER DEVELOPMENT, CONTRACTING AUTHORITY, AND RESPONSIBILITIES

MP5301.601 (a)(i) Head of the Contracting Activity (HCA) Matrix

2019 Edition

Revised: 2 May 2022

NOTE : Cells with a double asterisk (** ) in the “Retained by HCA” column indicate retained HCA responsibilities or those that are non-delegable per the regulation listed in the “Reference” column.

Item

Reference

HCA Responsibilities / Designee

Retained by HCA

(SAF/AQC)

Delegated to SCOs

Delegable below SCO

1

FAR 1.602-3(b)(2) and (3)

AFFARS 5301.602-3 Ratification of Unauthorized Commitments(b)(2)

Ratification of unauthorized commitments, subject to the limitations in FAR 1.602-3(c)

No

Yes, for actions of $30K and above

Delegated to the COCO for actions less than $30K

(not redelegable)

2

AFFARS 5301.601 General(a)(i)(A)

Authority to enter into, approve, or terminate Grants, Cooperative Agreements, and Other Transactions—including the issuance of a warrant for such purposes.

See Table 2

See Table 2

Yes,

See Table 2

3

AFFARS 5301.601 General(a)(i)(A)

AFFARS 5301.603-1 General

Authority to enter into, approve, modify, and terminate contracts—including the issuance of a Contracting Officer warrant for such purposes.

No

Yes

Yes

4

FAR 3.104-5(c)(2)

AFFARS 5303.104-3 Statutory and Related Prohibitions, Restrictions, and Requirements(c)(1)(ii)

AFFARS 5303.104-5 Disqualification(c)(2)

Authorizes the disqualified official to resume participation in the procurement or determine that an additional disqualification period is necessary.

No

Yes

No

5

FAR 3.104-7

AFFARS 5303.104-7(f)

Reviews and takes appropriate action on information that a reported violation or possible violation of a present or former government official or someone advising that official knowingly disclosed contractor bid or proposal information or source selection information before award.

No

Yes, only if SCO is GO or SES

No

6

FAR 3.602

AFFARS 5303.602 Exceptions

Authorizes contract award to a Government employee or to a business concern owned or controlled by a Government employee and only if there is a most compelling reason to do so per FAR 3.602.

** Yes

No

No

7

FAR 3.704(c)

AFFARS 5303.704 Policy(c)

Considers, in addition to any penalty prescribed by law or regulation--suspension or debarment proceedings, voiding and rescinding contracts for a contractor convicted of any offense relating to contracts with the agency.

No

Yes

No

8

FAR 3.1104(b)

AFFARS 5303.1104 Mitigation or Waiver(b)

FAR 9.504(c)

AFFARS 5309.504 Contracting Officer Responsibilities(c)

Determines in writing that such action in FAR 3.1104(a) is in the best interest of the Government (HCA may impose conditions that provide mitigation of a personal conflict of interest or grant a waiver)

** Yes

No

No

9

DFARS 205.502(a)

AFFARS 5305.502 Authority(a)

Approves the publication of paid advertisements in newspapers.

No

Yes

Yes, one level above CO

10

DFARS 206.302-1(a)(2)(i)(1)

AFFARS 5306.302-1 Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements(a)(2)(i)(1)

Determines if agency can enter into contracts for studies, analyses, or consulting services on the basis of an unsolicited proposal without providing for full and open competition.

No

Yes

Yes, but no lower than the COCO

11

FAR 6.302-1(d)

DFARS 206.302-1(d)

DFARS PGI 206.302-1(d)

AFFARS 5306.302-1 Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements(d)

Approves waiver to post request for information or sources sought notices when using J&A authority FAR 6.302-1.

No

Yes, if SCO is GO or SES. If SCO is not a GO or SES, may be approved by the MAJCOM SCO provided they are a GO or SES.

No

12

DFARS 206.302-4(c)

AFFARS 5306.302-4 International Agreement(c)

Approves a document (AFFARS prescribes use of International Agreement Competitive Restrictions (IACR)) that describes the terms of an agreement or treaty or written directions, such as a Letter of Offer and Acceptance, which have the effect of requiring the use of other than competitive procedures. J&A is not required.

No

Yes

Yes, CO

13

DFARS 207.470(b)

AFFARS 5307.470 Statutory Requirements(b)

Approves acquisition for vessel/aircraft/vehicle through a lease/charter/similar agreement for 18 months or more.

No

Yes

No

14

FAR 8.404(h)(3)(ii)(C)

AFFARS 5308.404 Use of Federal Supply Schedules(h)(3)(ii)(C)

Approves D&F when the total performance period, including options, of a T&M/LH order is more than three years.

No

Yes

Yes, but no lower than COCO

15

FAR 9.202(a)

DFARS PGI 209.202(a)(1)

AFFARS 5309.202 Policy(a)(1)

Is the designee referenced in FAR 9.202(a) (inclusion of other qualification requirements).

No

Yes

Yes, but no lower than COCO

16

FAR 9.206-1(b)

AFFARS 5309.206-1 General(b)

Is the designee referenced in FAR 9.206-1(b) (enforcing qualification requirements).

No

Yes

Yes, but no lower than COCO

17

DFARS 209.270-3(a)

AFFARS 5309.270-3 Policy(a)

Approves a contract for procurement, modification, repair, or overhaul of an aviation critical safety item with a source approved by the head of the design control activity.

No

Yes

Yes, but no lower than COCO

18

FAR 9.503 / 9.506(d)(3)

AFFARS 5309.503 Waiver

AFFARS 5309.504 Contracting Officer Responsibilities(c)

Waives FAR 9.5 requirements -- Organizational and Consultant Conflicts of Interest (OCI).

Yes

No

No

19

DFARS 209.571-7(c)(1)

AFFARS 5309.571-7 Systems Engineering and Technical Assistance Contracts(c)(1)

Determines an exception to Limitation on Future Contracting in systems engineering and technical assistance contracts is necessary.

Yes

No

No

20

DFARS 211.274-2(b)(1)

AFFARS 5311.274-2 Policy for unique item identification(b)(1)

Determines the items are to be used to support a contingency or humanitarian or peacekeeping operation; to facilitate defense against or recovery from nuclear, biological, chemical, or radiological attack; to facilitate the provision of international disaster assistance; or to support response to an emergency or major disaster and, therefore, contractor not required to provide DoD IUID.

No

Yes

No

21

DFARS 211.274-2(b)(2)(i)((B)

AFFARS 5311.274-2 Policy for unique item identification(b)(2)(i)(B)

Determines it is more cost effective for the Government requiring activity to assign, mark, and register unique item identification after delivery of an item acquired from a small business concern or a commercial item acquired under FAR Part 12 or Part 8 for an acquisition other than ACAT I program.

No

Yes

No

22

DFARS 212.102(a)(ii)(B)

AFFARS 5312.102 Applicability(a)(ii)(B)

Reviews an existing contracting officer commercial item determination to confirm the prior determination was appropriate and still applicable; or issues a determination that the prior use of FAR Part 12 procedures was improper, or no longer appropriate, with a written explanation for the basis of the determination.

No

Yes

No

23

DFARS 212.272(b)(2)(i)

AFFARS 5312.272 Preference for Certain Commercial Products and Services(b)(2)(i)

For contracts above $10M, determines no commercial items are suitable to meet the agency’s needs for facilities related services, knowledge-based services (except engineering services), medical services, or transportation services.

No

Yes

Yes, but no lower than COCO

24

DFARS 212.302(c)

AFFARS 5312.302 Tailoring of Provisions and Clauses for the Acquisition of Commercial Items(c)

Waiver authority for tailoring provisions and clauses for acquisition of commercial items under FAR 12.302(c).

No

Yes

No

25

DFARS 212.7001(a)(1)

AFFARS 5312.7001(a)(1)

Makes Determination prior to converting the procurement from commercial to noncommercial procedures under FAR Part 15 (over $100M provide copy to USD(A&S))

** Yes, if value $100M or more

** No, if more than $1M, but less than $100M

Yes

No

26

FAR 14.201-7(b)(2) and (c)(2)

AFFARS 5314.201-7 Contract Clauses(b)(2)

and (c)(2)

Waives the requirement for inclusion of FAR clauses 52.214-27 and 52.214-28 in a contract with a foreign government or agency of that government.

No

Yes

No

27

DFARS 215.371-5

AFFARS 5315.371-5 Waiver

Waives the requirement at DFARS 215.371-2 to resolicit for an additional period of at least 30 days when only one offer is received as a result of a competitive solicitation allowing fewer than 30 days for receipt of proposals.

No

Yes

Yes, but no lower than the COCO

28

Class Deviation 2018-O00009

AFFARS 5315.403-1 Prohibition on Obtaining Certified Cost or Pricing Data ( 10 U.S.C. 2306a and 41 U.S.C. , Chapter 35 )(b)

Determines certified cost or pricing data should be required based on past performance or other information specific to the award.

No

Yes

No

29

FAR 15.403-1(c)(4)

DFARS 215.403-1(c)(4)(A)

AFFARS 5315.403-1 Prohibition on Obtaining Certified Cost or Pricing Data ( 10 U.S.C. 2306a and 41 U.S.C. , Chapter 35 )(c)(4)(A)

Waives requirement for submission of certified cost or pricing data in exceptional cases.

** Yes

No

No

30

FAR 15.403-3(a)(4)

AFFARS 5315.403-3 Requiring Data Other Than Certified Cost or Pricing Data(a)(4)

Approves determination to make award without offeror submission of data other than certified cost or pricing data.

No

Yes

No

31

DFARS PGI 215.403-3(a)(6)(ii)

AFFARS 5315.403-3 Requiring Data Other Than Certified Cost or Pricing Data(a)(6)(ii)

Provides quarterly information within 25 days following the end of the quarter using Contractor Denials of Data Requests

No

Yes

No

32

FAR 15.403-4(a)(2)

AFFARS 5315.403-4 Requiring Certified Cost or Pricing Data ( 10 U.S.C. 2306a and 41 U.S.C. , Chapter 35 )(a)(2)

Authorizes CO to obtain certified cost or pricing data for actions below the threshold in FAR 15.403-4(a)(1), provided the action exceeds the SAT.

** Yes

No

No

33

Class Deviation 2018-O00009

AFFARS 5315.404-2 Data to Support Proposal Analysis

Determines that auditing of records should be required based on past performance or other information specific to the award.

No

Yes

No

34

DFARS 215.404-4(c)(2)(C)(2)

AFFARS 5315.404-4 Profit(c)(2)(C)(2)

Approves the use of the alternate structured approach for Profit (see DFARS 215.404-73).

No

Yes

Yes, but no lower than COCO

35

DFARS 215.407-3(b)(i)

AFFARS 5315.407-3 Forward Pricing Rate Agreements(b)(i)

Waives on a case-by-case basis, the use of forward pricing rate agreement (FPRA) rates when such rates are available.

No

Yes

No

36

DFARS PGI 215.407-4(c)(2)(B)

AFFARS 5315.407-4 Should-cost Review(c)(2)(B)

Requests an overhead should-cost review for a contractor business unit that does not meet the criteria found in DFARS PGI 215.407-4(c)(2)(A).

No

Yes

No

37

DFARS 215.408(2)(i)(A) (2)

DFARS 225.870-4(c)(2)(ii)

AFFARS 5315.408 Solicitation Provisions and Contract Clauses(2)(i)(A) (2)

Approve determination (when contracting with the Canadian Commercial Corporation) that data other than certified cost or pricing data are needed in order to determine that the price is fair and reasonable.

No

Yes

Yes, no lower than two levels above the Contracting Officer

38

DFARS 215.408(2)(ii)(A)(2)

DFARS 225.870-4(c)(2)(ii)

AFFARS 5315.408 Solicitation Provisions and Contract Clauses(2)(ii)(A)(2)

Approve determination (when contracting with the Canadian Commercial Corporation) that it is reasonably certain that data other than certified cost or pricing data will be needed in order to determine that the price of modifications is fair and reasonable.

No

Yes

Yes, no lower than two levels above the Contracting Officer

39

FAR 16.206-3(d)

AFFARS 5316.206-3 Limitations(d)

Approves the use of a fixed-ceiling-price contract with retroactive price redetermination.

** Yes

No

No

40

FAR 16.301-

3(a)(2)

DFARS 216.301-3(2)

AFFARS 5316.301-3 Limitations(2)

Approves the use of a cost-reimbursement contract in excess of $25M

No

Yes

Yes, but no lower than the COCO

41

FAR 16.401(d)

DFARS 216.401(d)(i)

AFFARS 5316.401 General(d)(i)

Approves D&F to justify that the use of an incentive or award-fee contract, other than a cost-reimbursement incentive- or award fee contract in excess of $25 million, is in the best interest of the government.

** No

Yes, for incentive

Yes, for award fee -- not further delegable

Yes, for incentive -- one level above the CO

No, for award fee

42

FAR 16.401(d)

DFARS 216.401(d)(ii)

AFFARS 5316.401 General(d)(ii)

Approves D&F to justify that the use of a cost reimbursement incentive or award-fee contract

in excess of $25M is in the best interest of the government.

No

Yes, for cost-plus-incentive-fee

Yes, for cost-plus-award-fee (not further delegable)

Yes, for cost-plus-incentive-fee

--one level above the CO

No, for cost-plus-award-fee

43

AFFARS 5316.401 General(e)(3)(i)

For Operational and Enterprise Contracting, the HCA will designate the Fee Determining Official. The PEO is the Fee Determining Official for the PEO’s assigned programs. The PEO or HCA for Operational and Enterprise Contracting may designate this responsibility on an individual contract or class basis. This designation may be made by name, position, or function, without limitation.

No

Yes, for Operational and Enterprise Contracting

Yes, for Operational and Enterprise Contracting

44

DFARS 216.405-2(1)

AFFARS 5316.405-2 Cost-Plus-Award-Fee Contracts(1)

Approves setting the percentage of award fee available for the final evaluation below 40 percent if the contracting officer determines that a lower percentage is appropriate.

** Yes

No

No

45

FAR 16.601(d) (1)(ii)

DFARS 216.601(d) (1)(A)(2)

AFFARS 5316.601 (d) Limitations(d)(i)(A)(2)

Approves the D&F for a T&M/LH contract or order if the base period plus any option period exceeds three years.

** Yes

No

No

46

FAR 16.603-2(c)(3)

AFFARS 5316.603-2 Application(c)(3)

Approves the determination of a reasonable price or fee if the CO & contractor fail to reach agreement.

No

Yes

No

47

FAR 16.603-3

AFFARS 5316.603-3 Limitations

Determines a letter contract may be used if no other contract type is suitable.

No

Yes

Yes, below $50M but no lower than COCO

48

FAR 17.106-3(f)

AFFARS 5317.106-3 Special Procedures Applicable to DoD, NASA, and the Coast Guard(f)

Authorizes the use of a solicitation requesting only multi-year prices, provided that dual proposals are not necessary to meet the objectives in FAR 17.105-2.

No

Yes

No

49

FAR 17.106-3(g)

AFFARS 5317.106-3 Special Procedures Applicable to DoD, NASA, and the Coast Guard(g)

Approves the use of variable unit prices on multi-year contracts provided that, for competitive proposals, there is a valid method of evaluation.

No

Yes

No

50

DFARS 217.172(f)(2)

AFFARS 5317.172 Multiyear Contracts for Supplies(f)(2)

Determines the conditions required by DFARS 217.172(h)(2)(i)-(vii) will be met by a multi-year contract.

No

Yes

No

51

DFARS 217.174(b)

AFFARS 5317.174(b)

Determines, on the basis of a business case analysis, that the proposed purchase of electricity from sources of renewable energy under such contract is cost effective; and it would not be possible to purchase electricity from the source in an economical manner without the use of a contract for a period in excess of five years.

No

Yes

No

52

FAR 17.703(e)

AFFARS 5317.703(e)

Determine in writing that it is necessary in the interest of DoD to acquire supplies and services through the nondefense agency during the fiscal year, absent certification required by 17.703(a).

Yes

No

No

53

DFARS 217.7404(a)(1)(iii)

DFARS 217.7404-1

AFFARS 5317.7404 Limitations(a)(1)(iii)

AFFARS 5317.7404-1 Authorization

Approves Undefinitized Contract Actions (UCA), to include Foreign Military Sales.

No

Yes

Yes, below $50M but no lower than COCO

54

DFARS 217.7404(b)(2)

DFARS 252.217-7027(c)

AFFARS 5317.7404 Limitations(b)(2)

Approves unilateral definitizations by the Contracting Officer (in writing).

Yes, for UCAs with a value greater than $50M

Yes, for UCAs with a value of $50M or below

Yes, for UCAs with a value of $50M or below but no lower than the COCO

55

DFARS 217.7404-3(a)(1)

AFFARS 5317.7404-3 Definitization Schedule(a)(1)

Determines in writing that extending definitization beyond an additional 90 days is in the best interest of the Government.

Yes

No

No

56

DFARS PGI 217.7504(4)(ii)

AFFARS 5317.7504 Acquisition of Parts When Data is Not Available(4)(ii)

Authorizes reverse engineering.

No

Yes

No

57

DFARS 217.7505(b)

AFFARS 5317.7505(b)

Approves Contracting Officer certification for a replenishment part price increase that increased by 25 percent or more over the most recent 12-month period.

No

Yes

No

58

FAR 18.125

AFFARS 5318.125 Protest to GAO

Determines that the contracting process may continue after GAO has received a protest (See FAR 33.104(b) and (c)).

** Yes

No

No

59

FAR 18.2

DFARS 218.271

AFFARS 5318.201 Contingency Operation (b)

FAR 13.201(g)(1)

AFFARS 5313.201 General(g)(1)

FAR 12.102(f) (1)

FAR 2.101, paragraph (3)

FAR 2.101

FAR 18.201

DFARS 218.201 Class Deviation 2018-O0018

AFFARS 5318.201 Contingency Operation(c)

FAR 13.500(c)(1)

AFFARS 5313.500 General(c)(1)

DFARS 211.274-2(b)(1)

AFFARS 5311.274-2 Policy for unique item identification(b)(1)

AFFARS 5312.102 Applicability(f)(1)

DFARS 215.371-4(a)(2)

AFFARS 5315.371-4 Exceptions(a)(2)

DFARS 216.601(d)(i)(A)(3)

AFFARS 5316.601 (d) Limitations(d)(i)(A)(3)

DFARS 218.201(2)

AFFARS 5318.201 Contingency Operation(c)(2)

DFARS 218.202

AFFARS 5318.202 Defense or Recovery from Certain Attacks

AFFARS 5318.271

AFFARS 5318.271(S-90)

Determines that micro-purchases and simplified acquisitions of supplies or services (or the supplies or services themselves as applicable) are to be used in support of a contingency operation; to facilitate defense against or recovery from cyber, nuclear, biological, chemical, or radiological attack; to facilitate the provision of international disaster assistance; or to support response to an emergency or major disaster.

No

Yes

Yes, but no lower than the COCO

60

FAR 19.201(b)

AFFARS 5319.201 General Policy(b)

Implements small business programs within their activities, achieve program goals, and ensure contracting personnel maintain knowledge of program requirements.

No

Yes

No

61

DFARS 219.201(c)(8)

AFFARS 5319.201 General Policy(c)(8)

Assigns small business technical advisors to perform this function in accordance with DFARS 219.201(c)(8).

No

Yes

No

62

FAR 19.505(b), (c), and (d)

DFARS 219.505(b)

AFFARS 5319.505(b)

Renders a decision regarding the CO’s rejection of an SBA recommendation.

No

Yes

Yes, but no lower than COCO

63

FAR 19.1305(d)

AFFARS 5319.1305 HUBZone Set-Aside Procedures(d)

Determines not to suspend action on the acquisition because urgent and compelling circumstances exist.

No

Yes

No

64

FAR 19.1405(d)

AFFARS 5319.1405 Service-disabled Veteran-owned Small Business Set-aside Procedures(d)

Determines not to suspend action. Replies to SBA after receipt of a formal appeal from SBA concerning rejection of a set-aside for Service-disabled Veteran-owned Small Business.

No

Yes

No

65

FAR 19.1505(g)(3)

AFFARS 5319.1505 Set-aside Procedures(g)(3)

Determines not to suspend action on the acquisition because urgent and compelling circumstances exist.

No

Yes

No

66

FAR 22.101-1(e)

AFFARS 5322.101-1 General(e)

Designates programs for contractors to notify Government of actual or potential labor disputes.

No

Yes

Yes, but no lower than COCO

67

DFARS 222.101-3-70 (b)

PGI 222.101-3-70(b)(ii)

AFFARS 5322.101-3-70 Impact of Labor Disputes on Defense Programs(b)(ii)

Submits impact reports on labor disputes to agency head when sufficient urgency warrants the attention of the agency head or when specifically requested.

No

Yes

No

68

FAR 22.406-13

DFARS 222.406-13

AFFARS 5322.406-13 Semi-annual Enforcement Reports

For construction contracts, submits Semiannual Enforcement Reports to the labor advisor.

No

Yes

No

69

FAR 22.805(a)(8)

AFFARS 5322.805 Procedures(a)(8)

Approves an urgent or critical award, without pre-award clearance from the Office of Federal Contract Compliance Programs (OFCCP), if OFCCP cannot complete the evaluation by required date. Applies for contracts/subcontracts $10M or more excluding construction.

No

Yes

No

70

FAR 22.1802(d)

AFFARS 5322.1802 Policy(d)

Waives the E-Verify requirement for a contract or subcontract or a class of contracts or subcontracts, either temporarily or for the period of performance.

** Yes

No

No

71

DFARS PGI 223.370-4(1)(i)(A)(2)

AFFARS 5323.370-4 Procedures(1)(i)(A)(2)

Waives the mandatory requirements for safety precautions for ammunition and explosives.

No

Yes

No

72

FAR 25.103(b)(2)(i)

DFARS 225.103

AFFARS 5325.103 Exceptions(b)

AFFARS MP5325 - Foreign Acquisitions(a)

Approves determination that an article/material/supply is not mined, produced, or manufactured in the United States in sufficient quantities of satisfactory quality.

No

Yes

Yes, but no lower than the COCO

73

DFARS 225.103(a)(ii)(B)(2)

AFFARS 5325.103 Exceptions(b)

Approves determination for a public interest exception, valued between the simplified acquisition threshold and $1.5M, for end products that are substantially transformed in the United States.

No

Yes

No

74

DFARS 225.103(b)(ii)(C)

AFFARS 5325.103 Exceptions(b)

Approves determination for article/material/supply, for $1.5M or more, not domestically available and award is to be made on other than a qualifying country or eligible end product.

No

Yes

No

75

FAR 25.202(a)(2)

DFARS 225-202(a)(2)

AFFARS 5325.202 Exceptions(a)(2)

Approves non-availability determination for domestic construction material.

No

Yes

Yes, but no lower than the COCO

76

DFARS 225.403(c)(ii)(A)

AFFARS 5325.403 World Trade Organization Government Procurement Agreement and Free Trade Agreements(c)(ii)(A)

Approves a national interest waiver for a purchase by an overseas purchasing activity if the product is critical for the support of U.S. forces stationed abroad.

No

Yes

No

77

FAR 25.603(a)(1)(i)

AFFARS 5325.603 Exceptions(a)(1)(i)

Approves Non-availability Determination (American Recovery and Reinvestment Act – Buy American Act – Construction Materials).

No

Yes

Yes, but no lower than the COCO

78

DFARS 225.7008(a)(2)

AFFARS 5325.7008 Waiver of Restrictions of 10 U.S.C. 2534(a)(2)

Waives restrictions on certain foreign purchases under 10 U.S.C. 2534(a) .

No

Yes

No

79

DFARS 225.7703-2(b)(2)(i)

AFFARS 5325.7703-2 Determination requirements.(b)(2)(i)

Determination requirements for products or services not limited to use by the military forces, police, or other security personnel of Afghanistan (D&F below $93M)

** Yes

No

No

80

FAR 28.105

AFFARS 5328.105 Other Types of Bonds

Approves using other types of bonds when acquiring particular supplies or services.

No

Yes

Yes, but no lower than the COCO

81

FAR 28.106-2(a)

AFFARS 5328.106-2 Substitution of Surety Bonds(a)

Approves the use of a new surety bond during the performance of the contract.

No

Yes

Yes, but no lower than COCO

82

DFARS 228.311-1

AFFARS 5328.311-1 Contract Clause

Waives the requirement for use of FAR clause 52.228-7, Insurance -- Liability to Third Persons.

No

Yes

No

83

DFARS 228.370(a)(2)

AFFARS 5328.370 Additional Clauses(a)(2)

Disallows the contractor to buy insurance for war-hazard losses. If so, the CO shall insert the clause at DFARS 252.228-7000.

No

Yes

No

84

Class Deviation 2011-O0006

AFFARS PART 5331 - Contract Cost Principles and Procedures

Waives the requirements of FAR 31.

No

Yes

No

85

Class Deviation 2011-O0006

AFFARS PART 5331 - Contract Cost Principles and Procedures

Determine that incurrence of the Contribution in Aid of Construction (CIAC) tax is necessary to achieve the most beneficial business case for the Government and allowing the CIAC tax will result in significant benefits to the Government that outweigh the cost of allowing the tax.

No

Yes

No

86

FAR 32.202-1(d)

FAR 32.501-2(a)(3)

AFFARS 5332.202-1 Policy(d)

Approves unusual contract financing.

No

Yes

No

87

DFARS 232.901(1)(i)(C)(ii)

AFFARS 5332.901 Applicability(1)(i)(C)(ii)

Determines that conditions exist that limit normal business operations.

No

Yes

No

88

FAR 33.102(b)(3)(ii)

AFFARS 5333.102 General(b)(3)(ii)

At the request of the contractor, reviews agency records associated with a request for reimbursement of protest costs by the Government.

No

Yes

Yes, but no lower than the COCO

89

FAR 33.104(b)(1) or (c)(2)

AFFARS 5333.104 Protests to GAO(b)(1) or (c)(2)

Authorizes contract award notwithstanding a GAO protest before award, or continued contract performance notwithstanding a GAO protest after award.

** Yes

No

No

90

FAR 33.104(g)

AFFARS 5333.104 Protests to GAO(g)

Reports to the GAO why their recommendations have not been followed by the agency not later than 5 days after the expiration of the 60-day response period.

** Yes

No

No

91

DFARS 233.215(3)

AFFARS 5333.215 Contract Clause(3)

Determines that continued performance is necessary pending resolution of any claim that might arise under or be related to the contract.

No

Yes

Yes, at least one level above CO

92

DFARS 234.7002(d)(4)

AFFARS 5334.7002 Policy(d)(4)

Determines the information submitted is not sufficient to determine the reasonableness of price for items developed exclusively at private expense.

No

Yes

No

93

DFARS 235.015-70(c) & (d)(3)(ii)

AFFARS 5335.015-70 Special Use Allowances for Research Facilities Acquired by Educational Institutions(c) & (d)(3)(ii)

Approves special use allowance for research facility acquired by educational institutions.

No

Yes

No

94

FAR 36.208

AFFARS 5336.208 Concurrent Performance of Firm-Fixed-Price and Other Types of Construction Contracts

Approves concurrent performance of firm-fixed-price and other types of construction contracts at the same work site.

No

Yes

Yes, but no lower than COCO

95

FAR 36.213-2(a)

AFFARS 5336.213-2 Presolicitation Notices(a)

Waives the requirement for pre-solicitation notices for proposed construction contracts expected to exceed the SAT.

No

Yes

Yes, but no lower than COCO

96

DFARS 236.272(b)(1)

AFFARS 5336.272 Prequalification of Sources(b)

Authorizes the use of prequalification for urgent or complex construction projects.

No

Yes

Yes, but no lower than COCO

97

DFARS 236.272(b)(2)

AFFARS 5336.272 Prequalification of Sources(b)

Approves the prequalification procedures of construction sources.

No

Yes

Yes, but no lower than COCO

98

FAR 36.301(b)(3)(vi)

AFFARS 5336.301 Use of Two-Phase Design-Build Selection Procedures(b)(3)(vi)

Establishes other criteria for use of two-phase design-build selection procedures.

No

Yes

Yes, but no lower than COCO

99

DFARS 236.303-1(a)(4)(i)(B)

AFFARS 5336.303-1 Phase One(a)(4)(i)(B)

Approves determination to allow more than five offerors to submit phase two design-build proposals for acquisitions >$4M.

No

Yes

No

100

DFARS 236.570(b)(2)

AFFARS 5336.570 Additional Provisions and Clauses(b)(2)

Approves use of a separate bid item for mobilization and preparatory work.

No

Yes

Yes, but no lower than COCO

101

FAR 36.602-3

AFFARS 5336.602-3 Evaluation Board Functions

Oversees evaluation board functions for A&E contracts.

No

Yes

Yes, but no lower than COCO

102

FAR 36.609-1(c)(1)

AFFARS 5336.609-1 Design Within Funding Limitations(c)(1)

Determines that, in fixed-price A&E contracts, cost limitations are secondary to performance considerations and additional project funding can be expected, if necessary.

No

Yes

No

103

DFARS 237.104(b)(iii)(A)(2)

AFFARS 5337.104 Personal Services Contracts(b)(iii)(A)(2)

Approves a proposed personal services contract for services to be provided by individuals outside the U.S. and directly supports defense intelligence components or special operations command. Services must be urgent, cannot be obtained by other means, and are supporting DoD activities or programs outside the U.S.

No

Yes

No

104

DFARS 237.7401(c)

AFFARS 5337.7401 Policy(c)

Determines the services being acquired under contract with the local government are in DoD’s best interest.

No

Yes

Yes, but no lower than COCO

105

DFARS 239.101(1)

AFFARS 5339.101 Policy(1)

Determines no commercial items are suitable to meet the agency’s needs for information technology products or services.

No

Yes

Yes, but no lower than COCO

106

FAR 41.202(c)(2)

AFFARS 5341.202 Procedures(c)(2)

Approves determination to pay the non-negotiated utility rates due to contract impasse.

No

Yes

Yes, but no lower than COCO

107

FAR 41.204(c)(1)(ii)

AFFARS 5341.204 GSA Area-wide Contracts(c)(1)(ii)

Determines use of the area-wide contract for utility services is not advantageous to the Government.

No

Yes

Yes, but no lower than COCO

108

FAR 42.202(c)(2)

AFFARS 5342.202 Assignment of Contract Administration(c)(2)

Approves the delegation of additional functions to the CAO.

No

Yes

Yes, but no lower than COCO

109

DFARS PGI 242.7100(4)

AFFARS 5342.7100 General(4)

Approves the solicitation of voluntary refunds from a contractor.

No

Yes

No

110

FAR 45.102(e)

AFFARS 5345.102 Policy(e)

Determines installation or construction of Government property on contractor-owned real property in such a fashion as to become non-severable is necessary and in the Government’s interest.

No

Yes

No

111

DFARS 245.102(4)(ii)(C)(1)(ii)

AFFARS 5345.102 Policy(4)(ii)(C)(1)(ii)

Approves a determination and findings concluding that it is more cost effective for the Government requiring activity to assign, mark, and register the unique item identification after delivery of an item acquired from a small business concern or a commercial item acquired under FAR part 12 or part 8for an acquisition other than an ACAT I program.)

No

Yes

No

112

FAR 45.301(f)

AFFARS 5345.301 Use and Rental(f)

Approves use of Government property for commercial use expected to exceed 25 percent of the total use of Government and commercial work performed.

No

Yes

Yes, but no lower than COCO

113

FAR 48.104-3(a)

FAR 48.202

AFFARS 5348.104-3 Sharing Collateral Savings(a)

Determines if the cost of calculating and tracking collateral savings will exceed the benefits to be derived.

No

Yes

Yes, but no lower than COCO

TABLE 1

Authority to enter into, approve, or terminate Grants, Cooperative Agreements, and Other Transactions has been approved as shown below. This authority may be redelegated within the contracting functional chain of responsibility, in writing, under such terms, conditions, and limitations as may be deemed appropriate.

SCO

Grant Authority

Cooperative Agreement Authority

Other Transactions Authority

HQ AFMC/PK

Yes

Yes

Yes

HQ AFRC/A7K

No

No

No

SMC/PK

Yes

Yes

Yes

HQ AFDW/PK

Yes

Yes

Yes

HQ USAFA/PK

Yes

Yes

Yes

AFOTEC/A7K

No

No

No

AFRCO/PK

No

No

Yes

SpRCO/PK

No

No

Yes

TABLE 2

MP5301.601-90 Head of Agency (HoA), Senior Procurement Executive (SPE), Service Acquisition Executive (SAE) Delegation Matrix

NOTE : Yellow-shaded blocks indicate retained HoA-SPE-SAE responsibilities or those that are not delegable per the regulation listed in the Reference column.

Item

Reference

Responsibilities

Retained by HoA, SPE, or SAE

(SAF/AQ)

Delegated

Delegated to SCO

Delegable Below SCO

1

FAR 3.104-2(a)

Approves agency supplementation of 3.104 including specific definitions to identify individuals who occupy positions specified in 3.104-3(d)(1)(ii), and any clauses required by 3.104

Yes - SPE

No

No

No

2

FAR 52.203-3

AFFARS 5303.203-3

Determines, after notice and hearing, that contractor or representative offered or gave a gratuity to officer, official, or Government employee and intended, by the gratuity, to obtain a contract or favorable treatment under a contract; and determines amount of exemplary damages (between 3 and 10 times cost incurred by contractor in giving gratuities to person concerned)

No

HCA

No

No

3

DFARS 203.570-2(a)

AFFARS 5303.570-2(a)

Grants waiver in the interest of national security that the prohibition period described in Paragraph (b) of clause 252.203-7001 may be less than 5 years

No

HCA

No

No

4

DFARS 203.570-2(b)

AFFARS 5303.570-2(b)

Makes written determination that the prohibition period described in Paragraph (b) of clause 252.203-7001 may be more than 5 years

No

HCA

No

No

5

DFARS 203.906(c)(1)

AFFARS 5303.906(c)(1)

Takes required actions regarding reprisals as prohibited by 203.903 (10 USC 2409)

No

HCA

No

No

6

FAR 5.102(a)(5)(iii)

AFFARS 5305.102(a)(5)(iii)

Makes written determination that availability of a solicitation through the GPE is not in the Government's interest

No

HCA

No

No

7

FAR 5.202(b)

AFFARS 5305.202(b)

Makes written determination after consult with Administrator for Federal Procurement Policy and the Administrator of the Small Business Administration that advance notice of proposed contract action is not appropriate or reasonable

No

HCA

No

No

8

FAR 6.304(a)(4)

Approves in writing the justification for other than full and open competition for proposed contracts over $100 million

Yes - SPE

No

No

No

9

FAR 7.107-2(b)

AFFARS 5307.107-2(b)

Determines that consolidation is necessary and justified if the benefits of the acquisition would substantially exceed the benefits that would be derived from each of the alternative contracting approaches identified under paragraph (a)(2).

No

HCA

Yes

No

10

FAR 7.107-2(e)

AFFARS 5307.107-2(e)

Determines that consolidation is necessary and justified when the expected benefits do not meet the thresholds for a substantial benefit at paragraph (d)(1) of this subsection but are critical to the agency's mission success; and the procurement strategy provides for maximum practicable participation by small business.

No

HCA

Yes

No

11

FAR 7.107-3(a)

Makes written determination that the bundling is necessary and justified in accordance with 15 U.S.C. 644(e) after ensuring that conditions at (a)-(e) are met.

Yes - HoA

No

No

No

12

FAR 7.107-3(f)(1)

Determines that bundling is necessary and justified when the expected benefits do not meet the thresholds for a substantial benefit but are critical to the agency's mission success; and the procurement strategy provides for maximum practicable participation by small business.

Yes - SPE

No

No

No

13

FAR 8.405-3(a)(3)(ii)

AFFARS 5308.405-3(a)(3)(ii)

Determination (in writing) to award single-award Blanket Purchase Agreement with an estimated value exceeding $112 million (including any options).

No

HCA

Yes

No

14

FAR 8.405-6(b)(3)(ii)(C)

AFFARS 5308.405-6(b)(3)(ii)(C)

Makes written determination that access through e-Buy not in Government's interest

No

HCA

No

No

15

FAR 8.405-6(d)(4)

Approves the justification for limited sources under a BPA with an estimated value over $100 million

Yes - SPE

No

No

No

16

FAR 9.405(a)

AFFARS 5309.405(a)

Determines compelling reason exists to solicit offers from, award contracts to, or consent to subcontracts with contractor debarred, suspended, or proposed for debarment

No

HCA

No

No

17

DFARS 209.405(b)(ii)(A)

AFFARS 5309.405(b)(ii)(A)

Grants exemption permitting award to contractor that has violation of Clean Air or Clean Water Act

No

HCA

No

No

18

FAR 9.405(e)(2)-(3)

AFFARS 5309.405(e)(2)-(3)

Makes written determination of the compelling reason to consider bid received from, evaluate for award, include in competitive range or hold discussions with listed contractor

No

HCA

No

No

19

FAR 9.405-1(a)

AFFARS 5309.405-1(a)

Directs discontinuance of contracts or subcontracts in existence at time contractor was debarred, suspended, or proposed for debarment

No

HCA

No

No

20

FAR 9.405-1(b)

AFFARS 5309.405-1(b)

For contractors debarred, suspended, or proposed for debarment, makes written determination of the compelling reasons to place orders exceeding the guaranteed minimum; place orders under FSS, BPAs, or BOAs; or add new work, exercise options, or otherwise extend duration or current contracts or orders

No

HCA

No

No

21

FAR 9.405-2(a)DFARS 209.405-2(a)

AFFARS 5309.405-2(a)

States in writing that compelling reason exists for CO to consent to proposed subcontracts with contractors debarred, suspended, or proposed for debarment

No

HCA

No

No

22

DFARS 211.274-2(b)(2)(i)(A)

AFFARS 5311.274-2(b)(2)(i)(A)

Executes D&F that it is more cost effective for the Government to assign, mark, and register the unique item identifier after delivery, & item is from SB concern or is commercial acquired under FAR Part 12 or 8 for an ACAT I program

No

PEO

No

No

23

FAR 11.501(d)

AFFARS 5311.501(d)

Waives or reduces the amount of liquidated damages assessed under a contract if Commissioner, Financial Management Service, or designee approves (see Treasury Order 145-10).

No

HCA

No

No

24

DFARS 212.207(b)(iii)

AFFARS 5312.207(b)(iii)

Approves written determination by the contracting officer to use T&M or LH for commercial services contracts expected to extend beyond three years

No

HCA, if the base period plus any option period exceeds 3 years

Yes, if the base period plus any option period is 3 years or less and T&M or LH value exceeds $1M

Yes, one level above the CO if the base period plus any option period is 3 years or less and the T&M or LH value is less than or equal to $1M

25

FAR 13.501(a)(2)(iv)

Approves the justification for sole source (including brand name) acquisitions conducted under subpart 13.5 for a proposed action exceeding $100 million

Yes - SPE

No

No

No

26

FAR 16.504(c)(2)(i)(A)

AFFARS 5316.504(c)(2)(i)(A)

Designates official other than contracting officer to make determination in writing, as part of acquisition planning, that multiple awards are not practicable (Contracts for A&S)

No

PEO - For PEO designated programs

HCA - For All Other Programs

No

No

27

FAR 16.504(c)(2)(i)(B)

AFFARS 5316.504(c)(2)(i)(B)

Designates official other than contracting officer to make determination in writing, after the evaluation of offers, that only one offeror is capable of providing the services required at the level of quality required (Contracts for A&S)

No

PEO - For PEO designated programs

HCA - For All Other Programs

No

No

28

FAR 16.504(c)(2)(ii)

AFFARS 5316.504(c)(2)(ii)

Designates official other than contracting officer to make determination whether advisory and assistance services are incidental and not a significant component of contract

No

PEO - For PEO designated programs

HCA - For All Other Programs

No

No

29

FAR 16.505(b)(2)(ii)(C)(4)

Approves the justification for exceptions to fair opportunity for a proposed order over $100 million

Yes - SPE

No

No

No

30

FAR 17.105-1(b)

AFFARS 5317.105-1(b)

Enters into a multi-year contract (MYC) for supplies (DoD) if conditions at (b)(1)-(5) are met

No

PEO - For PEO designated programs

HCA - For All Other Programs

No

No

31

DFARS 217.170(a)

AFFARS 5317.170(a)

Compares cost if MYC to cost of an annual procurement approach, using present value analysis; award only if MYC will result in the lower cost

No

PEO - For PEO designated programs

HCA - For All Other Programs

No

No

32

DFARS 217.170(b)

AFFARS 5317.170(b)

Provides written notice to the congressional defense committees at least 30 days before termination of any MYC

No

PEO - For PEO designated programs

HCA - For All Other Programs

No

No

33

DFARS 217.171(c)

AFFARS 5317.171(c)

Makes written determination before entering into a MYC that the conditions at (c)(1)-(3) are met

No

PEO - For PEO designated programs

HCA - For All Other Programs

No

No

34

DFARS 217.172(h)

AFFARS 5317.172(h)

Ensures that the conditions at (h)(1)-(7) are satisfied before awarding a MYC for a defense acquisition program that has been specifically authorized by law to be carried out using MYC authority

No

PEO - For PEO designated programs

HCA - For All Other Programs

No

No

35

DFARS 217.173

AFFARS 5317.173

Enters into a MYC for up to 4 years (for supplies and services required for management, maintenance, and operation of military family housing) and pay for each year from annual appropriations

No

PEO - For PEO designated programs

HCA - For All Other Programs

No

No

36

DFARS 217.204(e)(i)(C)

AFFARS 5317.204(e)(i)(C)

Determines in writing that exceptional circumstances require an ordering period that exceeds 10 years.

No

PEO - For PEO designated programs

HCA - For All Other Programs

No

No

37

DFARS 217.204(e)(iii)

AFFARS 5317.204(e)(iii)

Approves issuance of an order subject to 217.204(e)(i) if performance under the order is expected to extend more than 1 year beyond the 10-yr limit or extended limit described in (e)(i)(C)

No

PEO - For PEO designated programs

HCA - For All Other Programs

No

No

38

FAR 17.502-2(c)(2)

Approves D&F for an Economy Act order to obtain supplies or services by interagency acquisition when the servicing agency is not covered by the FAR

Yes - SPE

No

No

No

39

DFARS 217.7404-5(b)

AFARS 5317.7404-5(b)

Waives limitations of 217.7404(a) Foreign military sales contracts; 217.7404-2 Price ceiling; 217.7404-3 Definitization schedule; and 217.7404-4 Limitations of obligations, if necessary to support cont. ops or humanitarian/peacekeeping op.

No

HCA

No

No

40

FAR 19.1505(g)(3)

AFFARS 5319.1505(g)(3)

Issues a written decision on appeal of CO rejection of SBA recommendation or makes a written determination that urgent and compelling circumstances which significantly affect the interests of the United States compel award of the contract

No

HCA

No

No

41

FAR 19.1505(g)(5)

AFFARS 5319.1505(g)(5)

Specifies in writing the reasons for a denial of an SBA formal appeal

No

HCA

No

No

42

DFARS 222.7003

AFFARS 5322.7003

Waives the requirements of 222.7002 on case-by-case basis for national security

No

HCA

No

No

43

FAR 25.103(a)DFARS 225.103(a)(ii)(B)(3)

AFFARS 5325.103(a)(ii)(B)(3)

Determines that domestic preference for foreign end product would be inconsistent with the public interest for acquisitions valued at $1.5 million or more.

Yes - HoA

For ACAT I Programs

HCA - For other than ACAT I programs

No

No

44

FAR 25.202(a)(1)

AFFARS 5325.202(a)(1)

Determines that application of the restrictions of the Buy American statute to a particular construction material would be impracticable or would be inconsistent with the public interest.

Yes - HoA

For ACAT I Programs

HCA - For other than ACAT I programs

No

No

45

FAR 25.204(b)

AFFARS 5325.204(b)

Specifies a higher percentage than 6 percent that the CO adds to the offered price of any foreign construction material proposed for exception from the requirements of the Buy American statute based on the unreasonable cost of domestic construction materials.

Yes - HoA

For ACAT I Programs

HCA - For other than ACAT I programs

No

No

46

FAR 25.603(a)(1)(iii)

AFFARS 5325.603(a)(1)(iii)

Determines that application of the restrictions of section 1605 of the Recovery Act to a particular manufactured construction material, or the restrictions of the Buy American statute to a particular unmanufactured construction material would be inconsistent with the public interest

Yes - HoA For ACAT I Programs

HCA - For other than ACAT I programs

No

No

47

FAR 25.603(a)(2)

AFFARS 5325.603(a)(2)

Determines that application of the Buy American statute to a particular unmanufactured construction material would be impracticable

Yes - HoA For ACAT I Programs

HCA - For other than ACAT I programs

No

No

48

FAR 25.603(b)(2)

AFFARS 5325.603(b)(2)

When a determination is made, for any of the reasons stated in this section, that certain foreign construction materials may be used, provides a notice to the Federal Register within three business days after the determination of the inapplicability of Section 1605 of the Recovery Act is made, with a copy to the Administrator for Federal Procurement Policy and to the Recovery Accountability and Transparency Board.

No

HCA

No

No

49

FAR 25.1001(a)(2)(iii)

AFFARS 5325.1001(a)(2)(iii)

Executes D&F in accordance with 25.1001(b), that use of 52.215-2 w/ Alt III or 52.215-5 w/ Alt I will best serve interest of the United States

No

HCA

No

No

50

DFARS 225.7501(c)

AFFARS 5325.7501(c)

Any time during the acquisition process, determines that not in the public interest to apply the restrictions of the Balance of Payments Program to end product or construction material

No

HCA

No

No

51

DFARS 225.7703-2

Makes written determination that it is in the national security interest of the US to use procedures in 225.7703-1(a) for products or services not limited to use by the military forces, police, or other security personnel of Afghanistan

Yes - SAE

No

No

No

52

FARS 26.203(b)

AFFARS 5326.203(b)

Determines in writing that transition to local firms is not feasible or practicable (individual or class basis)

No

HCA

No

No

53

FAR 27.306(a)

In contracts with small business concerns or nonprofits, approves and signs written justification allowing Government to require licensing to 3rd parties of inventions. May only authorize if (1) Use of the invention by others is necessary for the practice of a subject invention or for the use of a work object of the contract; and (2) Action is necessary to achieve the practical application of the subject invention or work object.

Yes - HoA

No

No

No

54

FAR 30.202-6(b)

Authorizes award of a CAS-covered contract w/o obtaining submission of the required disclosure statement

Yes - HoA

No

No

No

55

FAR 32.402(c)(1)(iii)

AFFARS 5332.402(c)(1)(iii)

Determines, based on written findings, that advance payment is in public interest or facilitates national defense

No

HCA

No

No

56

FAR 32.906(a)

AFFARS 5332.906(a)

Determines that (1) making invoice and contract financing payments earlier than 7 days prior to the dates specified in the contract is warranted in a specific case; or (2) use of accelerated payment methods described in 5 CFR §1315.5 is necessary

No

HCA

No

No

57

FAR 32.1106(b)

AFFARS 5332.1106(b)

Authorizes electronic funds transfer (EFT) for a non-domestic transaction if (1) the political, financial, and communications infrastructure in the foreign country supports EFT payment; or (2) payments of other than United States currency may be made safely

No

HCA

No

No

58

DFARS 236.270(a)

Certifies that the additional expenditures are necessary to protect the National interest AND establishes a reasonable completion date for the project (Approval to expedite the completion date of a contract funded by a MILCON appropriations act, if additional costs are involved)

Yes - HoA

No

No

No

59

FAR 37.113-1(a)

AFFARS 5337.113-1(a)

May waive the 31.205-6(g)(6) cost allowability limitations on severance payments to foreign nationals that meet the conditions at 37.113-1(a)(1)-(2)

No

HCA

No

No

60

DFARS 243.204-70-5(c)

AFFARS 5343.204-70-5(c)

Waives limitations of 243.204-70-2 (price ceiling); 243.204-70-3 (definitization schedule); and 243.204-70-4 (limitations on obligations) if necessary to support cont. ops or humanitarian/peacekeeping op.

No

HCA

No

No

61

FAR 44.302(a)

AFFARS 5344.302(a)

Raises or lowers the $25 million contractor purchasing system review (CPSR) level if considered to be in the Government's best interest

No

HCA

No

No

62

DFARS 245.102(4)(ii)(B)

AFFARS 5345.102(4)(ii)(B)

Determines contractor will not be required to tag, label, or mark items that are to be in support of contingency operation or to facilitate defense against/recovery from NBCR attack

No

HCA

No

No

63

DFARS 245.102(4)(ii)(C)(1)(i)

AFFARS 5345.102(4(ii)(C)(1)(i)

Executes D&F concluding that it is more cost effective for the Government requiring activity to assign, mark, and register the unique item identification after delivery of an item acquired from a small business concern or a commercial item acquired under FAR part 12 or part 8 for ACAT I programs.

No

PEO

No

No

64

DFARS 249.501-70(a)

AFFARS 5349.501-70(a)

Approves the use of 252.249-7000, Special Termination Costs in incrementally funded contract

No

HCA

No

No

MP5301.602-2 (d) Designation, Assignment, and Responsibilities of a Contracting Officer’s Representative (COR)

The following are mandatory procedures (MP) for standardizing the Air Force (AF) contracting process regarding designation, assignment, and responsibilities of a Contracting Officer's Representative. The assignment of a COR is not necessary when the CO retains or delegates surveillance to DCMA, or one of the categories of services exempted in AFI 63-138, except Construction. DoDI 5000.72 requires COs to designate a COR for Construction contracts, unless the contracting officer retains and executes contract oversight responsibilities when the conditions of DFARS 201.602-2 exist.

1.0 Contracting Officer Roles and Responsibilities

1.1 As part of the acquisition planning process, the CO must determine the nature of the work/requirement (Type A, B, or C) as specified in DoDI 5000.72 , DoD Standard for Contracting Officer’s Representative (COR) Certification.

1.2 If the requiring activity has not yet initiated a COR nomination, the CO must initiate the Request for COR Support to notify the requiring activity of the need for COR(s) support and to prompt requiring activity nomination of a qualified COR via the Joint Appointment Module (JAM) (formerly CORT Tool) in Procurement Integrated Enterprise Environment (PIEE). 1.2.1 The Request for COR Support memorandum initiated by the CO should be routed through requiring activity (e.g., COR Supervisor, Functional Commander/Director (FC/FD)). See Enclosure 5 of DoDI 5000.72 , Qualification Requirements for CORs and Enclosure 6 of DoDI 5000.72 , Examples of COR Responsibilities and COR Certification Requirements. The COR must file the CO’s Request for COR Support memorandum (if used) in the “COR Online File.”

1.2.2 The CO must provide contract specific training (see paragraph 1.3.7). COR management is responsible for ensuring that any COR performing under a waiver pursuant to sections 1701-1764 of Title 10, United States Code completes all required training. New entrant and required DoD Component provided ethics and combating trafficking in persons (CTIP) training may not be waived.

1.2.3 The CO shall perform, with participation of the COR and COR supervisor, a yearly administrative review of the COR's online file during the anniversary month of appointment, or more often, at the discretion of the CO. The CO shall upload the COR File Annual Checklist to the Surveillance and Performance Monitoring (SPM) (Formerly CORT Tool) in PIEE comprised of the minimum requirements of DFARS PGI 201.602-2(d)(vi), and contract and COR-related documents necessary for the effective discharge of COR duties and responsibilities. The Checklist (available in SPM) shall guide the COR in populating the online COR File, and serve as the basis for the CO to judge the accuracy and completeness of the COR file during each review.

1.2.4 Upon completion of each CO review of the online COR File, the CO shall document the results on the COR File Annual Checklist, and upload each Checklist review to the SPM.

1.2.5 The COR Designation from the CO must also:

(a) Designate the COR (if required) as an Assessing Official Representation (AOR) supporting the CPAR process;

(b) Stipulate that the COR will be required to have access to the Synchronized Pre-Deployment & Operation Tracker (SPOT) (if required due to overseas deployment support); and

(c) Stipulate whether the COR will require access to the Enterprise-wide Contract Manpower Reporting Application (eCMRA).

1.2.6 Notification of COR designation should be provided to the QAPC.

1.2.7. Distribution of the fully executed COR designation must be made to the COR, COR Supervisor, Contractor and Property administrator. In addition, notification must be sent to the local Judge Advocate General office or Office of General Counsel immediately upon the appointment of a COR designated as an OGE Form 450 filer, and annually by January 1st , a list of all CORs required to file OGE Forms 450 .

1.2.8 In addition to the matters listed in AFFARS 5301.602-2(c). contracting officers should obtain legal review for the following:

1.3 CO, Contract Specialist, or QAPC Led Training. The CO must ensure contract-specific training is scheduled and provided to the prospective COR, unless waived (see 1.2.2). The training may be conducted by the CO, Contracting Specialist, or QAPC, and must consist of the following at a minimum prior to contract award:

1.3.1 Duties/responsibilities to be delegated;

1.3.2 Importance of COR performance;

1.3.3 Personal conflicts of interest and potential conflicts of interest;

1.3.4 Unauthorized commitments;

1.3.5 Ethics/integrity in relationships with the CO, COR management (e.g., COR Supervisor, Services Designated Official (SDO), Functional Commander/ Directors (FC/FD)), and the contractor;

1.3.6 Discussion of the Seven Steps to the Services Acquisition Process .

1.3.7 Contract-specific training consisting as a minimum of the following:

1.3.7.1 A discussion of the contract (SOW, PWS, Specifications, etc.), and surveillance plan/QASP;

1.3.7.2 An awareness of any areas in the contract susceptible to fraud, waste, and abuse;

1.3.7.3 Creation, maintenance, and submission of all surveillance documentation and contractor performance assessment information required by the contract and applicable regulations;

1.3.7.4 How the COR can stay abreast of contract modifications;

1.3.7.5 How the COR can monitor contract fund status; and,

1.3.7.6 Joint CO and COR review of the “COR File Annual Checklist” to ensure mutual understanding of the level/quality of surveillance and documentation must be maintained in the on-line SPM file.

1.3.8 Refer to the Suggested Contract-Specific Training Syllabus template for conducting contract-specific training. The template may be tailored to fit your acquisition.

COR Performance and Appraisal

1.4 At a minimum, the CO and COR supervisor must review the COR’s reports, files, and other documentation for completeness/accomplishment, on an annual basis.

1.5 The CO must provide an annual assessment, as a minimum, on the COR’s performance to the COR supervisor. The assessment may be performed concurrently with the administrative review of the COR online file detailed in 1.2.3.

1.6 The COR must complete and upload reports to the SPM, as required, to enable the CO to review and approve/ reject reports in the SPM.

1.7 When the CO terminates the COR’s duties (see Termination of COR Designation ), a new COR can be nominated prior to terminating the former COR. The requiring activity must nominate a COR replacement via the JAM to ensure continuous contract monitoring by a qualified individual. Copies of the designation for the successor COR will have the same distribution requirements as the COR letter of designation.

1.8 When the requiring activity requests termination of COR designation, the CO must terminate the COR designation in writing (use of the “Smart Form” in the JAM is authorized). Include the signed Termination of COR Designation in the official contract file.

1.9 The CO must forward a copy of the fully executed Termination of COR Designation to the COR, COR Supervisor, Contractor, and as applicable, to the contract administration office(r).

2.0 COR Roles and Responsibilities

2.1  Register for JAM and SPM access through the PIEE e-Business Suite at https://wawf.eb.mil , and complete training to effectively perform duties in the SPM.  Training includes a review the JAM and SPM Users Guide and FAQs, and if necessary, a request for additional training from a local Department Administrator (DA).

2.2 Provide information necessary to assess whether any actual or potential personal conflicts of interest with performing the responsibilities to be designated exist. Conflicts of interest determination will be reviewed again prior to contract award.

2.3 Participate, as requested, in annual CPAR procedures and contract close-out.

2.4 Remain abreast of changes to terms and conditions of the contract resulting from contract modifications.

2.5 Perform only those duties/responsibilities delegated by the CO in the COR Designation .

2.6 CORs may be designated as the Assessing Official’s Representative (AOR) by the CO in the Contractor Performance Assessment Reporting System (CPARS) IAW the CPARS Guide.  If designated as an AOR, the COR would be responsible for providing a timely, accurate, quality, and complete narrative for a report on the contractor's performance. If the CO requires the COR to have access to the contractor performance assessment reporting system (CPARS), the synchronized pre-deployment and operational tracker (SPOT) or the enterprise contractor manpower reporting application (eCMRA), an account would be authorized and granted after COR designation.

3.0 COR Supervisor

3.1 Register for SPM access via the Procurement Integrated Enterprise Environment (PIEE) e-Business Suite at https://wawf.eb.mil , and then complete training to effectively perform duties in the SPM.  Training includes a review of the JAM and SPM Tool Users Guide and FAQs, and if necessary, a request for additional training from a local DA.

3.2 Review and approve (certify) or reject COR nominations in the JAM, when submitted by an assigned COR in the JAM and notified by a system-generated email that a nomination is “Awaiting Approval”.

3.3 The COR Supervisor shall ensure that the COR completes and uploads COR Reports to SPM, as required, to enable the CO to review and approve/ reject reports in the SPM.

3.4  Conduct regular reviews of COR inputs into SPM, and follow-up as necessary, on the content, timeliness, and completeness of COR Reports, online files, and other COR-related documentation.

3.5 If a Chief-Contracting Officer’s Representative (C-COR) is appointed for a service contract pursuant to AFI 63-138 , Acquisition of Services, Chapter 2, the C-COR must maintain the sole online COR file in SPM for the contract. When a CO appoints a C-COR and CORs on the same contract, the relationship shall be annotated on the COR Designation.

4.0 OGE 450 Determination and Processing

4.1 A COR must file an OGE 450 if determined to meet the criteria for filing a Confidential Financial Disclosure Report (OGE Form 450) as set forth in section 2634.904 of Title 5, Code of Federal Regulations, and section 7-300 of DoD 5500.07-R.

4.1.1 A COR need not be designated as an OGE 450 filer, IAW section 2634.904 of Title 5, if all of the following apply:(a) The COR will NOT participate personally and substantially in any contracting process,

(b) The COR will NOT exercise substantial discretion, through interactions, decisions, or reports, that will influence the contractor’s activities and result in a substantial economic effect on the contractor’s interests,

(c) The COR’s work and judgment WILL BE subject to “substantial supervision and review” by the CO & COR Supervisor, with final authority deferred to the CO for contractor direction and contract-related matters, and

(d) The COR’s actions will NOT cause any conflict of interest (real or apparent) between the interests of the COR and the government and/or the contractor

4.2 The COR must submit the completed OGE 450 directly to his or her supervisor and provide the information contained on the OGE 450 to the CO for review prior to submission to the local legal office by the required date.

5.0 Quality Assurance Program Coordinator (QAPC)

5.1 Train CORs and COR management [e.g., COR Supervisor, SDO, Functional Commanders/Directors (FC/FD)] on the contracting requirements associated with the quality assurance program and any MAJCOM/DRU/AFRCO/SMC procedures prior to contract award. See paragraph 1.5 herein.

5.2 Assist the CO in providing contract-specific training (to include refresher training) to the COR (Reference paragraph 1.3 above) and ensuring required training is accomplished in accordance with DoDI 5000.72 , DoD Standard for Contracting Officer’s Representative (COR) Certification, 26 Mar 15.

5.3 Monitor the inputs and use of SPM for the assigned organization. This requires registration, training, and designation as a local JAM/SPM DA or Manager Role by all QAPCs. DAs/Managers provide functional, not technical support, and provide for the continued deployment of JAM and SPM for new users and for the support of existing users in the local organization, by performing three categories of duties:

5.3.1 GETTING STARTED :(a) Advise or assist new users with initial JAM/SPM registration, or existing users with registration and profile updates, through the PIEE e-Business Suite platform;(b) Activate new roles (if designated as a DA) and added roles (only if a DA) after verifying proper completion of the automated DD2875; and,

(c) Conduct JAM SPM training or provide training resources to users.

5.3.2 USER SUPPORT :(a) Advise and assist on the functions & features of JAM/SPM;(b) Use Administrator or Manager privileges to research, troubleshoot, and advise on reported functional issues;(c) Refer users to the PIEE Helpdesk, when a reported issue involves accounts, errors, or technical support;(d) Monitor records of all COR nominations, designations, and terminations of designations, to include COR’s acknowledgement of their duties, by contract number and CO’s name;

(e) Monitor records of all COR and COR management training, including refresher training regardless of provider (e.g., QAPC, CO, contract specialist, contract administrator, Defense Acquisition University, or commercial training provider)

6.0 Memorandum Templates and Contract Training Syllabus

Request for COR Support

Suggested Contract-Specific Training Syllabus

MP5301.603-90 Selection, Appointment, and Termination of Appointment of Contracting Officers

Back to Basics (BtB): Due to changes in the DoD certification program, some candidates may be unable to complete certification. An individual without certification may be selected for contracting officer appointment (limited or unlimited) if approved by the warrant issuing authority (SCO/COCO.)

(a) Applicability. This MP must be used when selecting, nominating, appointing, and terminating contracting officers (CO) to maximize standardization across the AF. Warrants are issued in accordance with FAR 1.603, DFARS 201.603, 10 USC 1724 and this MP. The SCO may delegate this authority to the highest contracting official in the contracting chain at geographically separated organizations, but in no event will the designee be lower than a GS-15 (or equivalent) or O-6. Authority to issue limited contracting officer warrants of less than $5M and authority to terminate appointments of less than $5M may be delegated, but in no event will the designee be lower than the COCO.

(b) Warranting. An individual selected for contracting officer appointment must be a military member in Air Force Specialty Code (AFSC) 64PX or 6C0X1 or a civilian in the GS-1102 occupational series who occupies a manned authorization listed under these specialty codes/series, and complies with the requirements at DFARS 201.603-2 and this MP.

(c) Focal Point (FP). FPs must be designated in writing via the FP designation form and may be assigned unlimited or limited duties as indicated in the Warrant Process Focal Point Designation Form. Each SCO is responsible for appointing FPs and must designate at least one FP with unlimited duties. SCOs may delegate authority to appoint "limited FPs" to perform Contracting Officer Test (COT) Proctor functions to the COCO. This authority is not further delegable. Follow the form instructions when appointing FPs.

(d) AF CO Warrant Tracking Tool. All warrants are entered into and tracked via the AF CO Warrant Tracking Tool ( AFCOWTT). FPs obtain access to the AFCOWTT by submitting a copy of the Warrant Process Focal Point Designation Form to HQ AFMC/PK. Prior to obtaining access, FPs must request training on the use of the AFCOWTT by contacting HQ AFMC/PK, as applicable. FPs are responsible for entering all warrant data into the tool, and for uploading warrants (SF1402s) (and up to three past SF1402s), a copy of the COT certificate, and the Contracting Officer Appointment/Warrant Eligibility Transfer/Termination Request (COWER). FPs also administer all other warrant actions and are responsible for maintaining current, accurate, and complete warrant data in the AFCOWTT.

(e) CO Warrant Nomenclature. All transferable warrants shall list "Department of the Air Force" on the "Organization" and "Agency/Department" lines of the SF1402. All transferable warrants are numbered as follows: the first two positions are "AF", the third and fourth positions are the last two digits of the fiscal year (FY) in which the appointment is made, and positions 5-9 are obtained from the identification (ID) field of the AFCOWTT; for example, in FY21 an ID field number of 12345 would yield an appointment number of AF-21-12345. Current transferable warrants will be updated through attrition. All new non-transferable warrants will be numbered as follows: Organization-FY-XXXXX e.g., SSC-21-12499 for SSC; positions 5-9 are obtained from the ID field of the AFCOWTT.

(f) Nominating Warrant Candidates. Warrant candidates are nominated by a candidate sponsor who shall be no lower than the candidate?s first level supervisor. Submit warrant nominations to the designated FP using the COWER.

(g) AF Contracting Officer Test (COT). Candidates for warrants above the simplified acquisition threshold (SAT) must pass the two-hour timed, open book COT by achieving a minimum score of 80%.

(1) The COT is a proctored, computer generated test containing 25 randomly selected true/false and multiple-choice questions from the FAR, DFARS, and/or AFFARS. Each question is worth up to two points.

(2) During the COT, candidates are limited to the use of electronic regulations available via www.acquisition.gov and hard copies of the FAR and DFARS (free of tabs and notes); however, hard copies will not be provided. Notes and electronic devices are not permitted in the testing site. Use of email, instant messaging, or any other form of electronic communication is prohibited during the COT.

(3) Candidates must provide the correct answer and the correct, associated complete reference (e.g., FAR 15.401(a)(2)(i)(B)), in order to earn two points. If the candidate answers the question correctly but provides an incorrect reference, one point will be received. If the candidate answers the question incorrectly but the reference correctly, the candidate will not receive any points as this indicates a failure to understand the regulation. The COT is automatically and electronically scored.

(i) If the candidate fails to pass the COT, the candidate may challenge missed questions and/or references in accordance with the Proctor User Guide only when approval of the challenge would result in a passing score. (NOTE: Access to the guide is restricted to warrant focal points.)

(ii) A candidate who fails the COT may retake it if authorized by their immediate supervisor and space is available. If the candidate fails to pass the COT on the second attempt, the candidate may not retake the COT until a six month waiting period has passed.

(iii) Supervisors are authorized to approve a maximum of two continuous learning points per 12 month period for an individual who completes the COT, whether for a warrant request action or for training purposes.

(4) Practice COT: A practice test titled Contracting Officer Demo Test - C10979 was developed to help familiarize warrant candidates with the question structure of the COT. The practice test is available via the myLearning site. It is a non-proctored, 50-minute, timed test consisting of ten questions which are electronically and randomly selected from a 20 question pool. Practice tests may not be administered on the SCORM site. There is no limit on the number of times the practice COT may be taken. The completion of a practice test shall not be used as the basis for warrant eligibility.

(h) Unlimited Warrants. Warrants greater than $25M require a minimum of two years of contracting experience, a baccalaureate degree, successful completion of the Contracting Officer Test (COT) and passing a warrant board. All unlimited warrants are transferable across the AF.

(1) Warrant Boards.

(i) Warrant boards are reserved exclusively for warrants greater than $25M and are used to further assess the candidate?s experience, qualifications, communication skills, and overall demeanor.

(ii) Warrant boards must be chaired by the appointing official or designee at a level no lower than:

(A) Deputy Director or Assistant Director of Contracting;

(B) Technical Director/Assistant to the Director of Contracting;

(C) Chief of the Clearance and Program Support Division or Chief of Policy;

(D) Highest level contracting official at a geographically separated organization; or

(E) COCO, Deputy, or equivalent.

(iii) Warrant boards must have a minimum of five members, including the board chairperson, participating to constitute a quorum. Suggested board composition includes:

(A) Contracting office supervisors;

(B) Representative from the staff judge advocate office;

(C) Competition Advocate;

(D) Clearance/program support procurement analyst;

(E) Small business specialist/liaison;

(F) Supervisors/Directors/Deputy Directors from other disciplines; and/or

(G) Cost/price analyst.

(iv) Warrant board members may participate in person, by teleconference, or video conference at the discretion of the board chairperson.

(v) The warrant candidate must correctly answer and/or discuss no fewer than 10 questions, seven of which must be obtained from the scenario-based AF question repository. To obtain access to the question repository, submit the Warrant Process Focal Point Designation Form to HQ AFMC/PK. The appointing official has the discretion to develop new questions(s) for the remaining three questions, which may be scenario- or knowledge-based. The board shall include questions that address PEO, Enterprise, and Operational portfolios, as well as pricing, fiscal law, contract law, legal, and problem solving.

(vi) The board chairperson/appointing official, in consultation with the board members, may appoint an unlimited warrant, a limited, specified dollar warrant, or none. Individuals awarded an unlimited warrant as a result of a warrant board shall not be required to sit before the board again.

(i) Limited Transferable Warrants. Warrants limited by a monetary threshold are transferable across the AF. Dollarized warrant limitations apply to the value of the instant contract action a CO is executing. For example, if a CO holds a limited warrant of $5M and the contract award amount of the instant action is $6M, the CO is not authorized to sign the contract; however, the same CO would be authorized to sign a $5M funding action issued against the same contract.

(1) For warrants up to but not in excess of the SAT, contracting personnel (including purchasing agents in the GS-1105 series) must have at least one year of contracting experience.

(2) For warrants exceeding the SAT but less than $5M, member must have at least 2 years of contracting experience and have successfully completed the Contracting Officer Test (COT). Warrant boards shall not be convened for warrants within this threshold.

(3) For warrants equal to or greater than $5M, but not more than $25M require a minimum of two years of contracting experience, successful completion of the COT and vetting process established by the appointing official and documented on the COWER. Warrant boards shall not be convened for warrants within this threshold.

(j) Local National (LN) Warrants. LNs in an equivalent occupational series to GS-1102 may be selected for a contracting officer appointment in accordance with this MP.

(1) Warrants for less than or equal to the SAT require a minimum of one year of contracting experience.

(2) An LN candidate for a warrant above the SAT must meet the following minimum functional training, work experience, and formal education requirements:

(i) Complete all contracting courses as required for a member of the Defense Acquisition Workforce for certification in contracting required for the warrant amount;

(ii) Have at least two years of contracting experience; and,

(iii) Possess a baccalaureate degree (or the equivalent).

(3) Warrants equal to $5M but not greater than $25M require a vetting process established by the appointing official and documented on the COWER.

(4) Warrants greater than $25M require a warrant board.

(k) A member of the contingency contracting force in AFSC 6C0X1 who does not possess a baccalaureate degree from an accredited institution may be nominated, evaluated, and selected for a limited warrant not to exceed $25M in accordance with 10 USC 1724. Military and Civilian personnel with an active Department of the Air Force warrant, may use their existing warrant in support of Contingency Operations.

(l) Non-Transferable Warrants. Non-transferable warrants may be issued for specific functions or buying activities (e.g., contract closeout, defective pricing actions, funding modifications, administrative modifications, specific contracts, units, etc.) Candidates for limited non-transferable warrants above the SAT should pass the COT in accordance with this MP. Warrant boards shall not be used for non-transferable warrants; however vetting process may be used when the resultant contract actions are expected to exceed $25M. The SF1402 must clearly state ?Limited Non-Transferable Warrant? and cite the specific warrant limitations,

(m) Warrant Transfer and Reinstatement.

(1) Warrants issued in accordance with this MP, with the exception of those issued in accordance with paragraph (l) above, are transferable across the AF. As long as a warrant is in good standing, an individual shall not be required to test or board again. However, warrant transferability does not guarantee immediate utilization, as the gaining appointing official may determine that time is needed to facilitate familiarity with new workload responsibilities and organizational procedures. Instructions regarding electronically transferring a warrant to a new organization are located in the AFCOWTT.

(2) Warrant reinstatement is applicable to an individual who previously held an AF warrant and whose warrant was subsequently terminated for reasons such as reassignment or resignation. A request to reinstate an AF warrant must be submitted to the appointing official for approval through the designated FP using the COWER. The appointing official shall document their assessment and rationale for warrant reinstatement on the COWER.

(n) Grandfathered Contracting Officers. Current COs are not required to be tested, boarded, or reappointed as a result of the issuance of, or changes to, this MP. However, those with limited non-transferable or limited transferable warrants must meet the requirements of this MP to obtain a transferable and/or higher dollar value warrant. Taking of the COT is only required for those candidates holding a limited non-transferable warrant.

(o) Warrants Issued Based on External Warrant Credentials. A new AF 1102 with external, federal government CO experience may be issued an AF warrant without meeting the requirements of this MP (COT and vetting process or warrant board) based on the discretion of the appointing official, provided they meet the qualification requirements at DFARS 201.603-2. The appointing official must conduct an assessment of the candidate's qualifications and experience prior to the issuance of an AF warrant. The appointing official shall document the rationale for appointment on the COWER ( See sample criteria.)

(p) Reissuance of Warrant Certificates. A request to reissue an existing warrant certificate for administrative purposes (e.g., damage to or deterioration of the original SF1402, name changes, etc.) is not a new appointment and may be submitted directly to the FP for processing to the appropriate appointing official; use of the COWER is not required.

(q) Warrant Suspension or Termination for Cause. Warrants may be suspended or terminated for unsatisfactory performance. The appointing official may suspend a warrant in writing until proficiency is demonstrated to the satisfaction of the appointing official. If a warrant is terminated for cause, the candidate must be reappointed in accordance with paragraphs (h), (i), or (j) of this MP.

MP5301.90 – CLEARANCE

MP5301.9001 (i)(1)(i)- Business Clearance Approval by the DAS(C)/ADAS(C)

MP5301.9001a (A) Business Clearance Approval for Non-Competitive Actions

(1)The contracting officer will submit notifications to SAF/AQC thirty days prior to the anticipated Business Clearance Session with the DAS(C)/ADAS(C).

(2) no later than 10 business days prior to the desired Business Clearance Session, the contracting officer will forward the following documents through the SCO to SAF/AQC :

(a) Completed Request for Business Clearance (non-competitive);

(b) Copies of the Commercial Item Determination(s) (DFARS 212.102(a)(i)) that are greater than or equal to $1M;

(c) Preliminary Price Negotiation Memorandum and related attachments;

(d) Request for Business Clearance (non-competitive) briefing charts; and

(e) On a case-by-case basis, additional documentation may be requested in support of the SAF/AQC and/or DPC Peer Review.

(f) The designated CR will conduct the clearance review prior to submitting the required clearance documents to SAF/AQC.

(g) If DPC Peer Review is required, the Business Clearance Session to brief the clearance approval official occurs prior to the commencement of the DPC Peer Review Phase 1. The Business Clearance Approval document may be signed by the clearance approval official prior to Phase 1, but commencement of negotiations are conditioned upon successful completion of the Peer Review. If DPC Peer Review is required, and the Business Clearance Session has been delegated to the SCO, follow the procedures above for notification and document submission to SAF/AQC.

(h) The contracting officer shall submit a revised Business Clearance Approval document for DAS(C)/ADAS(C) approval, prior to concluding negotiations, when changes to the original negotiation range or parameters that were set forth on the approved Business Clearance Approval document are required. Submit the documents through the SCO to SAF/AQC for approval. Negotiation offers that exceed the approved negotiation range or parameters may not be made until a revised negotiation range or parameters are approved.

MP5301.9001b (B) Business Clearance Approval for Competitive Actions

(1) The contracting officer will submit notifications to SAF/AQC thirty days prior to the anticipated Business Clearance Session with the DAS(C)/ADAS(C).

(2) No later than 10 business days prior to the desired Business Clearance Session, the contracting officer will forward the following documents through the SCO to SAF/AQC :

(a) Business Clearance Approval;

(b) Request for Business Clearance (competitive) briefing charts;

(c) Request for Proposal (including attachments); and

(d) On a case-by-case basis, additional documentation may be requested in support of the SAF/AQC and/or DPC Peer Review (e.g., Source Selection Plan, Acquisition Strategy Document, Acquisition Strategy Plan Charts).

(e) The designated CR will conduct the clearance review prior to submitting the required clearance documents to SAF/AQC.

(f) If DPC Peer Review is required, the Business Clearance Session to brief the clearance approval official occurs either before or after the commencement of the DPC Peer Review Phase 1. The decision to hold Peer Reviews prior to Business Clearance approval will be made in coordination with SAF/AQC. Should Business Clearance be held prior to the Peer Review, Business Clearance is conditioned upon successful completion of the Peer Review. If DPC Peer Review is required, and the Business Clearance Session has been delegated to the SCO, follow the procedures above for notification and document submission to SAF/AQC.