AFFARS

AFFARS

Change Number: AFFARS Change 3/1/2023
Effective Date: 03/01/2023

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

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