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afac2014-0421
AFAC
Air Force Acquisition Circular (AFAC) 2014-0421
21 April 2014
FOR ADDITIONAL INFORMATION CONTACT:
SAF/AQCP, 1060 Air Force Pentagon, Washington, DC 20330-1060, (571) 256-2387
SUMMARY OF CHANGES
AFAC CHANGES
NOTE: “****” below indicates that text is omitted.
5301 |
5301.101, 5301.170(a)(2), 5301.170-4(f), 5301.201-1(d)(i), 5301.304, 5301.402(2), 5301.403(1)a., 5301.403(1)c., 5301.403(1)d., 5301.403(S-90), 5301.404(b)(iii), 5301.404(b)(iv), 5301.404(b)(v), 5301.404(S-90), 5301.601(a)(i)(A)(1), 5301.601(a)(ii)(B), 5301.601-90(a)(3), 5301.601-91, 5301.602-3(b)(2)(A), 5301.9001(f)(1)(ii), 5301.9001(f)(1)(iii), 5301.9001(f)(3), 5301.9001(f)(3)(i),(ii),(iii), 5301.9001(f)(5), 5301.9102(a), 5301.9102(d)(5), 5301.9102(f) - Incorporates Policy Memo 13-C-03 |
The Air Force Federal Acquisition Regulation Supplement (AFFARS) establishes uniform policies and procedures for the Air Force implementing and supplementing the Federal Acquisition Regulation (FAR), the Department of Defense FAR Supplement (DFARS), and other Department of Defense publications concerning contracting. AFFARS Mandatory Procedures (MP) and Informational Guidance (IG) are companion resources arranged by parts which correspond to the relevant FAR parts. MPs contain mandatory internal Air Force procedures and IGs contain non-mandatory supplemental information. Major Commands (MAJCOM), Direct Reporting Units (DRU), the Space and Missile Systems Center (SMC), the Air Force Installation Contracting Agency (AFICA), and the Air Force Intelligence, Surveillance, and Reconnaissance Agency (AFISRA) (see 5302.101 Definitions) are prohibited from issuing supplements to the AFFARS but may maintain their specific internal procedures through the use of MPs and IGs.
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(a)
(2) To facilitate planning for DoD peer reviews as well as for clearances by the DAS(C)/ADAS(C) (see 5301.9001(f)(1)), the MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO) must ensure the rolling forecast data is current in the reporting tool as of the 15th of March, June, September, and December each year. SAF/AQC will submit the consolidated peer review forecast to DPAP/CPIC at the end of each quarter.
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5301.170-4 Administration of Peer Reviews
(f) The Contracting Officer must simultaneously provide a copy of the memorandum documenting disposition of all peer review recommendations to DPAP/CPIC, SAF/AQC, and to their MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO).
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(d)(i) Proposed revisions to the FAR, DFARS, or AFFARS must be submitted through the MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for SMC, the SCCO) to SAF/AQCP in accordance with DFARS 201.201-1(d)(i)
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5301.304 Agency Control and Compliance Procedures
MAJCOMs, DRUs, HQ AFICA, AFISRA, and SMC must follow the approved AF Clause Control Plan. Submit procedures and forms that require approval by OUSD(AT&L)/DPAP through the MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for SMC, the SCCO) to SAF/AQCP. The request must include a detailed justification using the format in DFARS 201.201-1. SAF/AQCP will arrange for publication in the Federal Register, if necessary. The requesting activity is responsible for evaluating public comments and preparing the final package for SAF/AQCP to submit to OUSD(AT&L)/DPAP.
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(2) Submit requests for deviations which require OUSD(AT&L)/DPAP approval through the MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC for processing.
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5301.403 Individual Deviations
(1)a. MAJCOM/DRU/HQ AFICA/AFISRA SCOs (or for AFLCMC and SMC, SCCOs) are authorized to approve individual deviations except as described in (c) and (d) below or as described in DFARS 201.402(1) and DFARS 201.403(2).
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c. SAF/AQC is the approval authority for individual deviations from FAR 15.3, AFFARS 5315.3, and MP5315.3. Deviation requests must be submitted through the MAJCOM/DRU/HQ AFICA/AFISRASCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC for approval. This approval authority must not be further delegated.
d. OUSD(AT&L)/DPAP is the approval authority for individual deviations from DFARS 215.3. Deviation requests must be submitted through the MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC for processing to OUSD(AT&L)/DPAP for approval.
(S-90) The MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for SMC, the SCCO).must submit a consolidated annual report (by 1 Nov) to SAF/AQCP, describing all individual deviations which were approved at any level within the organization. See MP5301.4 for annual deviation reporting requirements.
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5301.404 Class Deviations
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(b)(iii) SAF/AQC is the class deviation approval authority from FAR 15.3, AFFARS 5315.3, and MP5315.3. Requests must be submitted through the MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC for approval.
(iv) OUSD(AT&L)/DPAP is the approval authority for any class deviation described in DFARS 201.402(1) and from DFARS 215.3. Requests must be submitted through the MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC for processing to OUSD(AT&L)DPAP for approval.
(v) MAJCOM/HQ AFICA SCOs (or for SMC, the SCCO) are authorized to approve class deviations except as restricted by paragraphs (iii) and (iv) above. Class deviation approval authority must not be further delegated.
(S-90) The MAJCOM/HQ AFICA SCO (or for SMC, the SCCO) must submit a consolidated annual report (by 1 Nov) to SAF/AQCP describing all class deviations which were approved at any level within the organization. See MP5301.4 for annual deviation reporting requirements.
(a)(i) Heads of Contracting Activities (HCAs) Responsibilities.
(A) The DAS(C) and Associate Deputy Assistant Secretary (Contracting) (ADAS)(C)) are the HCA for the Air Force. All nondelegable HCA responsibilities may only be exercised by the DAS(C) and ADAS(C). The DAS(C) makes the following delegations for all delegable HCA responsibilities (see MP5301.601(a)(i)) to:
(1) The MAJCOM/DRU/HQ AFICA/AFISRA SCOs (and to the SCCOs at AFLCMC and SMC) with authority to redelegate HCA responsibilities as stated in MP5301.601(a)(i).
(ii) General Contracting Authority.
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(B) The authority to enter into, approve, modify, and terminate contracts is hereby redelegated to MAJCOM/DRU/HQ AFICA/AFISRA SCOs (and to the SCCOs at AFLCMC and SMC). This authority may be redelegated with or without the authority to make successive redelegations and under such terms, conditions, and limitations as may be deemed appropriate. This delegation is a general one, and all other existing or future authority, to the extent that it would, expressly or by reasonable implication, limit the scope of this delegation or impose conditions or restrictions upon the exercise of the authority delegated, will be controlling over it.
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5301.601-90 Contracting Assessment Program (CAP)
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(a)(3) Collect and share MAJCOM/DRU/HQ AFICA/AFISRA/SMC best practices within the Air Force.
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5301.601-91 Air Force Contracting Compliance Inspection Program
MAJCOM/DRU/HQ AFICA/AFISRA SCOs (or for SMC, the SCCO) must forward a consolidated trend analysis report for the current and previous year to SAF/AQCP by 31 January of each year along with recommended changes to the standardized checklist. See MP5301.601-91 for requirements of the Air Force Contracting Compliance Inspection Program and the Air Force Contracting Compliance Inspection Checklist.
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5301.602-3 Ratification of Unauthorized Commitments
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(b)(2)(A) The MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO) for actions equal to or greater than $30,000.
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5301.9001(f)(1)(ii) The DAS(C)/ADAS(C), at his or her discretion, may assume the clearance approval authority for competitive services acquisitions $1B and above. Request for confirmation of the clearance approval authority for these programs must be submitted by the MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC 10 working days prior to convening the acquisition strategy panel (ASP) or staffing of the acquisition plan (AP).
(iii) To facilitate planning for SAF/AQC Business Clearance approvals, MAJCOM/DRU/HQ AFICA/AFISRA SCOs (or for AFLCMC and SMC, the SCCOs) must use the reporting tool to project SAF/AQC Business Clearance approvals for ACAT I competitive actions exceeding $500M.
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(3) For Operational Contracting (excluding AFRC)
Contract Value* |
Clearance Approval Authority |
> $2M |
MAJCOM/DRU/AFISRA SCO, AFLCMC/SMC SCCO
|
$1M - $2M |
COCO, PZIO for AFMC, or Chief of Contracting Directorate/Division for SMC |
$500K - < $1M |
At least one level above the CO |
** The HQ AFICA SCO may assign clearance thresholds for AFICA (OL-supported MAJCOM) SCOs and COCOs consistent with the table in (f)(3) above, and (i) through (iii) below.
(i) The MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO) may assign a clearance threshold in excess of $2M to a subordinate unit. The threshold assigned must not be greater than $10M with the following exceptions: (1) in the case of specialized units or AFMC operational units, the threshold must not be greater than $25M; or, (2) in the case of the 771 ESS, 772 ESS, 773 ESS and AFICA/KD, the threshold must not be greater than $50M. For unit thresholds above $2M, the COCO will assign subordinate thresholds within their units. The clearance approval authority must be at least one level above the contracting officer.
(ii) On a case-by-case basis, the MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO) may review a specific contract action below the established threshold in order to ensure compliance with applicable standards and practices.
(iii) The MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO) may lower the threshold below the $2M identified above or rescind a previously granted increased threshold for a subordinate contracting unit. In those instances, concurrent notification will be made to SAF/AQCP.
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(5) When a contracting official is the Source Selection Authority (SSA) for a particular acquisition, the clearance approval authority must be a level above the contracting official. If the MAJCOM/DRU/HQ AFICA/AFISRA SCO or their deputy (or for AFLCMC and SMC, the SCCO) is the SSA, the clearance approval authority for that acquisition must be the DAS(C)/ADAS(C). Clearance requests for approval by the DAS(C)/ADAS(C) must be sent to SAF/AQC.
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(a) MAJCOM/DRU/HQ AFICA/AFISRA/SMC Commanders must appoint an experienced senior official who is independent of the contracting officer and program manager as the ombudsman at their organization. For AFMC Centers, an ombudsman is required at each Center/Operating Location/Geographically Separated Unit, instead of at the MAJCOM.
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(d)(5) Inform the Commander/Director, or PEO, as required, of issues raised and actions taken;
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(f) The Air Force ombudsman is the ADAS(C), who may take action to assist in resolving issues, concerns, disagreements, and recommendations that cannot be resolved at the MAJCOM/DRU/HQ AFICA/AFISRA/SMC level, or for those having Air Force wide implications. The ADAS(C) is the AF ombudsman for procurement integrity issues (see OUSD(AT&L)/DPAP memo, 1 Oct 09).
"Acquisition Category (ACAT)" is the category of an acquisition program. See DoDI 5000.02, Enclosure 3.
“AFICA” is the Air Force Installation Contracting Agency, a Headquarters Air Force-level Field Operating Agency (FOA) for contracting.
“AFICA/K_ (OL-supported MAJCOM) SCO” means the AFICA Director of Contracting at an operating location (OL) who is co-located with the MAJCOM they support. These individuals execute general contracting authority and specific HCA responsibility as delegated by the HQ AFICA Commander/Executive Director (HQ AFICA SCO). References to “SCO” throughout the AFFARS mean the HQ AFICA SCO unless the AFICA/K_ (OL supported MAJCOM) SCO is specifically stated.
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"Chief of the Contracting Office (COCO)" means any person who has direct managerial responsibility for the operation of a contracting office as defined in FAR 2.1. Unless specifically excepted, this term may include, at the option of the designated official, the deputy chief or acting chief of the contracting office. The term COCO includes the Contracting Squadron Commander (CONS/CC)/Director of Business Operations (DBO)/Numbered Flight Commander (SCONF/CC), Deputy or civilian equivalent, as identified by the MAJCOM/DRU/HQ AFICA/AFISRA SCO, and for AFMC and SMC, the Contracting Division Chief/Deputy.
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“Senior Contracting Official (SCO)” means the MAJCOM/DRU/HQ AFICA or AFISRA headquarters staff official with overall functional responsibility for contracting:
“MAJCOM SCO” means:
HQ AFMC/PK at Wright-Patterson AFB, OH
HQ AFRC/A7K at Robins AFB, GA
“DRU SCO” means:
HQ AFDW/PK at Joint Base Anacostia-Bolling, Washington, DC
AFOTEC/A7K at Kirtland AFB, NM
10 CONS/CL at the United States Air Force Academy, Colorado Springs, CO
“HQ AFICA SCO” means AFICA/CC at Wright-Patterson AFB, OH
“AFISRA SCO” means AFISRA/A7K at Joint Base San Antonio-Lackland, TX
For SMC, duties assigned to the SCO throughout the AFFARS will be executed by the SMC SCCO.
The deputy to an SCO may exercise any SCO authority unless restricted in the FAR, as supplemented (e.g., individual authorized to execute a specific authority must be of a certain minimum grade/rank), or as specifically limited by the SCO. HQ AFICA is the designated SCO for Air Force Central Command (AFCENT) contracting units.
Follow MP5303.104-5 for requesting disqualification from participation in an acquisition.
(c) Resumption of participation in a procurement
(2) See MP5301.601(a)(i). In cases where the MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO) is the individual disqualified from participation in a procurement, the DAS(C) must authorize the individual to resume participation in the procurement. The ASAF(A) and their civilian or military deputy have the authority to permit the DAS(C) or ADAS(C) to resume participation in a procurement following contact with an offeror regarding non-Federal employment.
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5303.104-7 Violations or Possible Violations
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(f) Submit the justification through the MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC for approval (see MP5301.601(a)(i)).
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(b) If information received under FAR 52.203-10, Price or Fee Adjustment for Illegal or Improper Activity, indicates that a price or fee adjustment may be appropriate, the contracting officer must submit notification to the MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO) and to SAF/GCR.
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Submit requests through the MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC for approval (see MP5301.601(a)(i)). Follow MP5303.602 for exceptions to FAR 3.601.
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(a) The contracting officer must forward the facts concerning a final conviction, to include a copy of the conviction, to SAF/GCR within 30 days after learning of the conviction. The contracting officer must forward the report to the MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO) within 10 calendar days after the contracting activity learns of the conviction.
(b)(2)(i) Upon receipt of the required disclosure or any notification, contracting officers, working with legal counsel, must ensure that appropriate steps are taken to preserve remedies available to the government. Contracting officers also must consider how the disclosed information may impact pending contract actions in terms of the contractor’s present responsibility and/or the contractor’s past performance. The contracting officer must promptly provide a copy of any disclosure or notification received to the MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO) and to SAF/GCR using the procedures at 5309.406-3.
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5303.1104 Mitigation or Waiver
(b) MAJCOM/DRU/HQ AFICA/AFISRA SCOs (or for AFLCMC and SMC, the SCCO) must submit determinations to SAF/AQC for HCA approval (see MP5301.601(a)(i)).
5304.803 Contents of Contract Files
MAJCOMs/DRUs/HQ AFICA/AFISRA and SMC may use the Air Force contract file content index templates or their own specific contract file content checklist or index to maintain contract files. The templates can be found in the AFFARS Library, Part 5304.
5305 |
5305.202(b), 5305.303(a)(ii) - Incorporates Policy Memo 13-C-03 |
(b) The contracting officer must submit requests through the MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC. The request must address the impact of issuing an advance notice, state why the notice is not appropriate or reasonable and identify alternative actions to optimize opportunities for small business participation.
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5305.303 Announcement of Contract Awards
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(ii) The contracting officer must submit all 1279 reports to SAF/LLP by close of business three workdays before the date of the proposed contract award (for actions valued at $50M and above, email a courtesy copy of the 1279 report to the cognizant MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO) and to SAF/AQC. Follow MP5305.303 to prepare 1279 reports.
5306.302-2 Unusual and Compelling Urgency
(c)(1) Contracting Officers must notify SAF/AQC and their MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO) as soon as practicable when contemplating the use of this authority for a J&A requiring Senior Procurement Executive (SPE) approval.
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5306.304 Approval of the Justification
(a)
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* Justification and approval (J&A) for actions exceeding $85.5M must be coordinated with the DAS(C) or the ADAS(C) and approved by the Senior Procurement Executive (SPE). The contracting officer must submit justifications requiring approval by the SPE simultaneously to SAF/AQ and to SAF/AQC after coordination by the MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO). Allow 30 days for staffing and SPE approval after receipt by SAF/AQ. HCA designees (see MP5301.601(a)(i)) may authorize solicitation release after the justification is reviewed for adequacy and forwarded to SAF/AQ. Submit questions or concerns regarding processing a J&A for SPE approval to SAF/AQC.
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5306.304-90 Changes after J&A Approval
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(d) For those J&As requiring approval by the SPE, SAF/AQC or other Secretariat offices may recommend changes to the J&A. The contracting officer must accomplish these changes or any other changes by submitting a revised document to SAF/AQC. Unless otherwise established by MAJCOM/DRU/HQ AFICA/AFISRA/SMC procedures, re-coordination below the Secretariat is not required for these changes.
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The DAS(C) is the designated Air Force Competition Advocate General. The following organizations are designated as “procuring activities”:
Air Combat Command (ACC)
Air Education and Training Command (AETC)
Air Force Global Strike Command (AFGSC)
Air Mobility Command (AMC)
Air Force Materiel Command (AFMC)
Air Force Space Command (AFSPC)
Pacific Air Forces (PACAF)
United States Air Forces in Europe (USAFE)
Air Force District of Washington (AFDW)
Air Force Reserve Command (AFRC)
Air Force Special Operations Command (AFSOC)
USAF Academy (USAFA)
Air Force Operational Test and Evaluation Center (AFOTEC)
Air Force Intelligence, Surveillance and Reconnaissance Agency (AFISRA)
Air Force Installation Contracting Agency (AFICA)
Space and Missile Systems Center (SMC)
(b) ASP chairpersons
Acquisition Strategy Panels | |
Acquisition Type |
ASP Chairperson |
ACAT or Special Designated Programs |
See AFI 63-101 |
AFPEO/CM Portfolio Acquisitions |
PEO unless delegated |
Other Contracting - Supplies |
MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO) or designee |
Other Contracting - Services |
Services Designated Official (SDO) or designee; when no SDO, the MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO) or designee |
Other Contracting AP Approval | ||
Supplies / Services |
Document |
AP Approval Authority |
Supplies > $10M |
Acquisition Plan |
MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO) or designee |
Services > $10M
|
Acquisition Plan |
SDO or designee; when no SDO, the MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO) or designee |
Services > $10M
|
Acquisition Plan |
PEO unless designated.
|
> SAT < $10M |
Streamlined Acquisition Strategy Summary (SASS)* |
1 level above CO |
* AP may be prepared at the discretion of the CO or the approval authority for those actions where an AP would be more appropriate. | ||
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(3) AFMC and SMC may establish alternate Other Contracting AP procedures and thresholds for contracting actions up to the thresholds in DFARS 207.103(d)(i).
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5307.170-3 Policy and Procedures
(a)(3) The DAS(C) or ADAS(C) is the authority to make the consolidation determination for actions $100 million or greater. The DAS(C) has delegated the authority to make the consolidation determination for actions less than $100 million to the MAJCOM/DRU/HQ AFICA/AFISRA SCOs (or for AFLCMC and SMC, the SCCOs). This authority may not be redelegated to other than an SCCO (or for AFICA, an AFICA/K_ (OL-supported MAJCOM) SCO). The determination must include the acquisition strategy information required in DFARS 207.170-3. The determination may be included in an AS/LCMP/Commodity Sourcing Strategy/AP when coordination of the approving official in accordance with (a)(3) is accomplished as part of the approval process. When preparing these documents clearly identify the consolidation determination. Coordination on such documents by the DAS(C) or ADAS(C) is approval of the required documentation. For all other consolidation determinations requiring DAS(C) or ADAS(C) approval, prepare a separate Determinations and Findings document.
(3)(ii) For a proposed order or BPA with an estimated value exceeding $12.5 million, but not exceeding $85.5 million, the justification must be approved by the MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO) who meets the criteria in FAR 8.405-6(d)(3)(ii). If a SCO/SCCO does not meet the criteria in FAR 8.405-6(d)(3)(ii), then the SCO/SCCO must forward the justification to SAF/AQC for approval.
(4) For a proposed order or BPA with an estimated value exceeding $85.5 million, the MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO) must forward the justification to SAF/AQC for processing to the SPE for approval.
5309 |
5309.405(a), 5309.406-3(a)(i), 5309.503 - Incorporates Policy Memo 13-C-03 |
(a) The contracting officer must submit a request for a compelling reason exception through their MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC, with a copy to SAF/GCR. The request must include a description of efforts taken to establish alternate sources and the impact if the exception is not granted. SAF/AQC will forward the approved exceptions to GSA.
(a) Investigation and referral.
(i) The contracting officer or the referring person must promptly notify SAF/GCR, their MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO), and their designated legal counsel with all known information relating to the following:
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Forward requests to waive FAR 9.5 requirements through the MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC for HCA approval (see MP5301.601(a)(i)).
5311 |
5311.273-3(3) - Incorporates Policy Memo 13-C-03 |
(3) Submit determinations through the MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC for HCA approval (see MP5301.601(a)(i)).
5315.403-1 Prohibition on Obtaining Certified Cost or Pricing Data (10 U.S.C. 2306a and 41 U.S.C., chapter 35)
(c) Standards for exceptions from certified cost or pricing data requirements.
(3) Commercial Items.
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(B) Report Content. The MAJCOM/DRU/HQ AFICA/AFISRA SCO (and for AFLCMC and SMC, the SCCO) must consolidate and submit the information as outlined in DFARS PGI 215.403-1(c)(3)(B), or submit a negative report for their organization, to HQ AFMC/PKF no later than 15 October each year. HQ AFMC/PKF must consolidate all of the MAJCOM/DRU/HQ AFICA/AFISRA/AFLCMC, and SMC reports and submit a final report to SAF/AQCP no later than 8 November each year. SAF/AQCP will submit the annual report to DPAP.
(4) Waivers.
(A) A request for an exceptional case TINA waiver must be submitted through the MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC for HCA approval (see MP5301.601(a)(i)). The waiver request must address the content outlined in DFARS PGI 215.403-1(c)(4)(A) and include a clear description of how the three criteria for granting a TINA waiver under the exceptional circumstances exception will be met (see DFARS 215.403-1(c)(4)(A)). When the waiver is for a subcontractor who has refused to provide cost or pricing data to a prime contractor, the information required must cover both the prime contract and the subcontract. Contracting officers must submit a copy of all signed TINA waivers to HQ AFMC/PKF within 30 days of signature by the HCA.
(B) The MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO) must consolidate and submit the information as outlined in DFARS PGI 215.403-1(c)(4)(B), or submit a negative report for their organization, to HQ AFMC/PKF no later than 15 October each year. HQ AFMC/PKF must consolidate all of the MAJCOM/DRU/AFISRA/AFLCMC and SMC reports and submit a final report to SAF/AQCP no later than 8 November each year. SAF/AQCP will submit the annual report to DPAP.
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5315.403-4 Requiring Certified Cost or Pricing Data (10 U.S.C. 2306a and 41 U.S.C., chapter 35)
(a)(2) The contracting officer must submit the Determination and Findings through their MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC for HCA signature (see MP5301.601(a)(i)).
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5315.406-1 Prenegotiation Objectives
(b)(ii) Adjudication Procedures. The contracting officer must forward DCAA requests for Air Force management review through their management chain, and provide the MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO) name and contact information to the cognizant DCAA representative. If disagreements remain, the MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for SMC, the SCCO) must elevate the issue to SAF/AQC to support any request from DCAA for further elevation of the issue(s).
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5315.408 Solicitation Provisions and Contract Clauses
(d) Submit requests through the MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC for HCA approval (See MP5301.601(a)(i)).
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5316.405-2 Cost-Plus-Award-Fee Contracts
(1) Award-fee pool. Submit requests through the MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC for HCA approval (see MP5301.601(a)(i)).
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5316.504 Indefinite-Quantity Contracts
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(c)(1)(ii)(D) Limitation on single award contracts.
The contracting officer must submit all D&Fs through the MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC for processing to the SPE for approval. When a J&A is required, the J&A package must be submitted with the D&F. D&Fs using the exception that only one source is qualified and capable of performing the work at a reasonable price to the Government should cite and attach the J&A as part of the staffing package.
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5316.601(d) Limitations
(1)(A)(1)(i) Determinations and Findings (D&F) required pursuant to DFARS 216.601(d)(1)(A)(1)(i) must be approved by the MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO).
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(2) Submit the D&F required pursuant to DFARS 216.601(d)(1)(A)(2) through the MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC for approval. See MP5301.601(a)(i).
5317 |
5317.170(e)(1), 5317.171(c), 5317.172(e)(2), 5317.172(g), 5317.174(b), 5317.204(e)(i)(C), 5317.204(e)(iv), 5317.7402(b), 5317.7404-3, 5317.7404-5(b), 5317.7405 - Incorporates Policy Memo 13-C-03 |
(e)(1) The contracting officer must provide the congressional notification described in DFARS 217.170(e)(1), using the 1279 format in MP5305.303, to SAF/AQC 40 days before the planned contract award date, with an information copy to SAF/FMBL, SAF/LLP, and the MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO). SAF/AQC will notify the DoD offices listed in DFARS 217.170(e)(4). This congressional notification does not fulfill the requirement to announce contract awards in accordance with FAR 5.3, as supplemented.
5317.171 Multiyear Contracts for Services
(c) The contracting officer must provide the determination described in DFARS 217.171(c) through the MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC for approval processing.
5317.172 Multiyear Contracts for Supplies
(e)(2) The contracting officer must provide the determination described in DFARS 217.172(e)(2) through the MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC for approval (see MP5301.601(a)(i)).
(g) The contracting officer must provide the information supporting all requirements described in DFARS 217.172(g)(2) through the MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC for approval processing.
5317.174 Multiyear Contracts for Electricity from Renewable Energy Sources
(b) The contracting officer must provide the determination described in DFARS 217.174(b) through the MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC for approval (see MP5301.601(a)(i)).
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(e)(i)(C) SAF/AQ must make the determination. Requests for approval must be submitted through the MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC.
(e)(iv) Requests for approval must be submitted through the MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC at least 30 days prior to issuing an order.
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(b) To comply with the requirements described in DFARS 217.7402, MAJCOM/DRU/HQ AFICA/AFISRA SCOs, or the SCCOs at AFLCMC and SMC, must provide notification to SAF/AQC 30 days prior to the issuance of any UCA for a foreign military sale or congressionally mandated long-lead procurement contract that does not adhere to the policies and procedures described in DFARS 217.74. The notification must include detailed rationale to support the determination. Any applicable special access program action must be forwarded, through secure program channels, to SAF/AQC.
5317.7404-3 Definitization Schedule
For any UCA that falls more than 14 days behind its schedule at any point in the definitization process, the cognizant MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO) must review each such UCA monthly and provide the DAS(C) a status report identifying the remedial actions that have been or are being taken to get back on schedule no later than 5 business days after the end of the month. The report, in e-mail format, must be sent to SAF/AQC. See MP5317.74 for UCA proposal instructions and contracting officer file documentation.
(b) The authority to grant waivers to the limitations set out in DFARS 217.7404-2, 217.7404-3, and 217.7404-4 pursuant to DFARS 217.7404-5 (b) is wholly retained by the DAS(C) or ADAS(C). Requests for waivers of these limitations must be submitted through the MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC with appropriate justification for consideration.
To comply with the semi-annual UCA reporting requirements described in DFARS 217.7405, SAF/AQC established a recurring monthly UCA update due by the 10th of each month. MAJCOM/DRU/HQ AFICA/AFISRA SCOs (or for AFLCMC and SMC, the SCCOs) are required to ensure UCA data is current in the reporting tool. SAF/AQC will consolidate the UCA reports and submit a consolidated report to OUSD (AT&L)/DPAP no later than April 30 and October 31 of each year.
5318 |
5318.201(1)(B), 5318.201(1)(B)2., 5318.201(1)(B)3., 5318.271(S-90) - Incorporates Policy Memo 13-C-03; Removes reference to Appendix CC from 5318.201(S-90) and adds reference to Policy Memo 13-C-05. |
5318.201 Contingency Operations
(1) Selection, appointment, and termination of appointment. The following describes procedures for the selection, appointment, and termination of CCOs.
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(B) CCO Appointments. MAJCOM/DRU/HQ AFICA/AFISRA SCOs and SMC and AFLCMC SCCOs must select and appoint CCOs and terminate their appointments in accordance with this section.
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2. MAJCOM/DRU/HQ AFICA/AFISRA SCOs may delegate authority to issue CCO warrants of less than $5M and terminate appointments of less than $5M, but in no event will the designee be lower than the COCO.
3. HQ AFICA is the warranting authority for AFCENT CCOs.
(C) Review of CCO warrants must be accomplished annually to ensure CCO training currency and to evaluate limitations set forth on the SF1402.
(D) Termination of CCO warrants must be accomplished when the CCO permanently changes duty station.
(S-90) For Air Force Contingency readiness policies, responsibilities, and implementing procedures, see Policy Memo 13-C-05.
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5318.271 Head of Contracting Activity Determinations
(S-90) HQ AFICA is the HCA designee for AFCENT for all delegable HCA responsibilities (see MP5301.601(a)(i)).
5319 |
5319.201(d)(10)(B), 5319.505(d), 5319.810 - Incorporates Policy Memo 13-C-03 |
Small Business Coordination Record, and the COCO must review and coordinate on the DD Form 2579
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5319.505 Rejecting Small Business Administration Recommendations
(d) When notified by the SBA that it has filed an appeal with the Agency Head, follow MP5319 to prepare an appeal file. Forward the appeal file through the MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO) to SAF/SB to arrive in SAF/SB within ten workdays after receipt of the formal appeal.
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When notified by the SBA that it has filed an appeal with the Agency Head, follow MP5319 to prepare an appeal file. Forward the appeal file through the MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO) to SAF/SB to arrive in SAF/SB within ten workdays after receipt of the formal appeal.
5325 |
5325.1001(a)(2)(iii), 5325.7002-2(b)(1)(iv), 5325.7003-3(b), 5325.7003-3(c) - Incorporates Policy Memo 13-C-03 |
5325.1001 Waiver of Right to Examination of Records
(a)(2)(iii) Conditions for use of FAR 52.215-2, Alternate III. Submit requests for agency head determinations following the format at FAR 25.1001(b), through the MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC.
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(b)(1)(iv) When the Contracting Officer determines through market research, that an article or suitable substitute is not available from a domestic source, the Contracting Officer must submit a Domestic Non-availability Determination (DNAD). The DNAD must be submitted through the MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC for approval by the Secretary of the Air Force (nondelegable).
(b) When the Contracting Officer determines, through market research, that a specialty metal melted or produced in the United States or its possessions cannot be procured in satisfactory quality and sufficient quantity, and in the required form, as and when needed, submit a DNAD. The DNAD must be submitted through the MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC for approval by the Secretary of the Air Force (nondelegable).
(c) When a contractor or offeror submits a “Commercial Derivative Military Article-Specialty Metals Compliance Certificate” (DFARS 252.225-7010) for streamlined compliance for Commercial Derivative Military Articles (CDMA), the Secretary of the Air Force must determine that the item is a CDMA as defined at DFARS 252.225-7009 before using the rules for streamlined compliance for CDMA. The contracting officer must follow the procedures in DFARS 225.7003-3 and submit the CMDA D&F through the MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC for approval by the Secretary of the Air Force (nondelegable).
5328 |
5328.305(d) - Incorporates Policy Memo 13-C-03 |
5328.305 Overseas Workers Compensation and War Hazard Insurance
(d) Submit waiver requests to the SAF/AQC Labor Advisor, with an information copy to the MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO).
5330 |
5330.201-5(a)(2), 5330.201-5(e) - Incorporates Policy Memo 13-C-03 |
(a)(2) The DAS(C) / ADAS(C) is the CAS waiver authority. Submit CAS waiver requests through the MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC for OUSD(AT&L)/DPAP review and SAF/AQC approval, no later than 45 days before the anticipated contract award. Waiver requests must include all items listed in FAR 30.201-5(c) along with a determination required by DFARS 230.201-5(a)(1)(A)(2)
(e) MAJCOM/DRU/HQ AFICA/AFISRA SCOs (and for AFLCMC and SMC, the SCCO) must submit a consolidated annual report of exceptional case CAS waivers in the format required by DFARS PGI 230.201-5(e), or a negative report, to HQ AFMC/PKF no later than 15 October each year. HQ AFMC/PKF must consolidate all of the MAJCOM/DRU/HQ AFICA/AFISRA/ and SMC reports and submit a final report to SAF/AQCP no later than 8 November each year. SAF/AQC will submit the annual Air Force report to DPAP/CPIC.
5332 |
5332.104(a)(5), 5332.104(c)(2), 5332.202-1(b)(8), 5332.402(e)(2), 5332.501-2(a)(3), 5332.501-3(a), 5332.607(a) - Incorporates Policy Memo 13-C-03 |
5332.104 Providing Contract Financing
(a)(5) Report known adverse developments affecting a contractor or subcontractor to the contract administration office, other interested Government parties, and the MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO). If there is an adverse development affecting a contractor receiving a bank loan guaranteed by the Air Force, progress payments, or advance payments, the contracting office must report the adverse development, its expected impact upon continued satisfactory performance under the contract, remedial actions taken to date (if any), and any recommendations for further action through the MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC.
(c)(2) The contracting officer must submit any unusual financing requests by a contractor to the MAJCOM/DRU/HQ AFICA/AFISRA (or for AFLCMC and SMC, the SCCO) contracting staff for consultation. If the MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO) determines unusual financing is required, the SCO/SCCO must submit a memorandum outlining the pertinent facts together with a recommendation on the action to be taken through SAF/AQC to SAF/FMPA no later than 30 days before the needed effective date of the proposed financing arrangement.
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(b)(8) Authorization. The contracting officer must submit all commercial interim payment requests and commercial advance payment requests through the MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC for forwarding to SAF/FMPA for review and approval.
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(e)(2) The contracting officer must submit each advance payment request involving only a single contract through the MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC for submission to SAF/FMPA for review and approval. For educational and non-profit organizations, the contracting officer must forward the advance payment request to the Director of Contracts, Air Force Office of Scientific Research (AFOSR/PK), 801 North Randolph Street, Room 732, Arlington, VA 22203-1977. See MP5332.470 for processing advance payment requests.
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5332.501-2 Unusual Progress Payments
(a)(3) The contracting officer must submit contractor requests for unusual progress payments through the MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC with a recommendation to approve or disapprove the request. SAF/AQC will forward all requests for unusual progress payments, whether recommended for approval or disapproval, to SAF/FMPA with all pertinent data supporting the recommended action for approval and submission to OUSD(AT&L)DPAP.
(a) When the estimated contract costs increase such that the estimate of the unusual progress payments increase $20 million or more over the approved unusual progress payment estimate, the contracting officer must notify SAF/FMPA through their MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO), with a courtesy copy to SAF/AQC.
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5332.607 Installment Payments and Deferment of Collection
(a) When a request for deferment of a contract debt is received from a contractor, the contracting officer must forward the request for deferment to the MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO). The SCO/SCCO must submit, on a priority basis, an evaluation of the contractor’s request with the necessary reporting information and recommendation through SAF/AQC to SAF/FMPA.
5333 |
5333.103(d)(4), 5333.104(b)(1), 5333.104(c)(2), 5333.104(g), 5333.105, 5333.170, 5333.290(b), 5333.290(c), 5333.291(b), 5333.292(b) - Incorporates Policy Memo 13-C-03 |
5333.103 Protests to the Agency
(d)(4) When an agency protest is denied, an offeror may request an independent review by the MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO).
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(b) Protests before award.
(1) Forward the determination and finding through the MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO) to AFLOA/JAQ and, for approval, to SAF/AQC within seven days of the protest notification to SAF/AQC (see MP5301.601(a)(i)).
(c) Protests after award.
(2) Forward the determination and finding through the MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO) to AFLOA/JAQ and, for approval, to SAF/AQC within seven days of the protest notification to SAF/AQC (see MP5301.601(a)(i)).
(g) Notice to GAO.
Forward the report through the MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO) to AFLOA/JAQ and to SAF/AQC for signature and submission to GAO within fifty-five days of date of receipt of the GAO recommendations (see MP5301.601(a)(i)).
5333.105 Protests to the United States Court of Federal Claims (COFC)
The Commercial Law and Litigation Directorate of the Air Force Legal Operations Agency (AFLOA/JAQ) serves as the Air Force agency counsel to the Department of Justice (DoJ) for protests at the COFC and assists the assigned DoJ attorney in defending Air Force interests. The contracting officer must inform AFLOA/JAQ of any notice of protest at the COFC and provide support as requested by AFLOA/JAQ. Also notify the MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO) and the supporting field legal office.
5333.170 Briefing Requirement for Protested Acquisitions Valued at $1B or More
Forward the briefing slide deck through the MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO) to AFLOA/JAQ and to SAF/AQC for review within seven (7) days of the filing of the protest.
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5333.290 Claims and Terminations for Default
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(b) Prior to making a final decision on a claim or termination for default (including a termination for cause under FAR Part 12), the contracting officer must refer the proposed final decision to the cognizant legal office for legal advice, ADR suitability, and appropriate dispute resolution strategies. The contracting officer, with the assistance of the cognizant legal office, must seek review by AFLOA/JAQ of all proposed final decisions. At the same time, the contracting officer must provide SAF/GCD with any proposed final decision on a claim involving PEO programs, any proposed final decision on a claim greater than $500,000, or any proposed termination for default with estimated excess reprocurement costs greater than $500,000. The contracting officer or the referring person must promptly notify SAF/GCR and their MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO) with all known information relating to any recommended termination for default.
(c) The contracting officer must use ADR to the maximum extent practicable to resolve an Air Force affirmative contract claim (such as defective pricing, liquidated damages, etc.) when unassisted negotiations reach an impasse as determined by the MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO). The contracting officer must provide to AFLOA/JAQ, with a copy to SAF/GCD, any audit or other findings indicating Air Force entitlement to recovery greater than $500,000 where unassisted negotiations have reached an impasse, in order to develop a dispute resolution strategy. Government claims must be formally asserted [issuance of a Contracting Officer’s Final Decision (FAR 33.206)] within 6 years after the accrual of the claim.
5333.291 Appeals to the Armed Services Board of Contract Appeals (ASBCA)
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(b) If the contractor files an appeal with the ASBCA, the contracting officer must notify the MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO) and forward to AFLOA/JAQ and the cognizant legal office a copy of any notice of appeal to the ASBCA, along with the envelope in which the notice was received. If the contractor files an appeal with the contracting officer instead of the ASBCA, the contracting officer must immediately notify AFLOA/JAQ of the date the appeal was received and forward to AFLOA/JAQ and the cognizant legal office a copy of the appeal and a copy of the envelope in which the appeal was received. The contracting officer must forward the original appeal and envelope to AFLOA/JAQ, which will then forward the appeal and envelope to the ASBCA, as necessary.
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5333.292 Appeals to the United States Court of Federal Claims (COFC)
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(b) The contracting officer must notify the cognizant legal office and the MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO) of any notice of appeal to the COFC. The cognizant legal office must forward a copy of the notice to SAF/GCD and AFLOA/JAQ.
5335.070-1 Indemnification Under Research and Development Contracts
(a) The authority to approve requests for indemnification for unusually hazardous risks under 10 U.S.C. 2354 is delegated to the following officials, without power to redelegate:
(i) AFMC Director and Deputy Director of Contracting (HQ AFMC/PK)
(ii) SCCOs for AFLCMC and SMC
5337.204 Guidelines for Determining Availability of Personnel
This approval has been delegated to MAJCOM/DRU/HQ AFICA/AFISRA Commanders and, within AFMC and SMC, to the Center Commanders.
5343 |
5343.204-70-1(b), 5343.204-70-7 - Incorporates Policy Memo 13-C-03 |
(b) The MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO) must provide notification to SAF/AQC 30 days prior to the issuance of an unpriced change order for a foreign military sale that does not adhere to the policies and procedures described in DFARS 243.204-70. The notification must include detailed rationale to support the determination. Any applicable special access program action must be forwarded, through secure program channels, to SAF/AQC.
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5343.204-70-7 Plans and Reports
The MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO) must submit a monthly UCA update, including unpriced change orders by the 10th of each month. The SCO/SCCO must ensure the data reported for unpriced change orders is current in the reporting tool. SAF/AQC will submit a consolidated report to OUSD (AT&L)/DPAP no later than April 30 and October 31 of each year.
5345 |
5345.102(4)(ii)(C)(1)(i) - Incorporates Policy Memo 13-C-03 |
(4)(ii)(C)(1)(i) Forward the D&F for an ACAT I program through the MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC for processing to the CAE for approval.
5349 |
5349.101(b), 5349.402-6(c), 5349.501-70(a), 5349.501-70(c), 5349.7001, 5349.7003(b)(2)(i) - Incorporates Policy Memo 13-C-03 |
5349.101 Authorities and Responsibilities
(b) AFMC and SMC must maintain internal termination procedures. Except for AFMC and SMC, the MAJCOM/DRU/HQ AFICA/AFISRA SCO or command-appointed terminations contracting officer (TCO) must approve a termination for default or cause prior to a contracting officer taking the action. When requesting approval, the contracting officer must provide all relevant documents to include a chronology of key events, cure/show cause notices and responses thereto.
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5349.402-6 Repurchase Against Contractor’s Account
(c) The contracting officer must provide copies of assessments of excess reprocurement costs through the MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO) to AFLOA/JAQ.
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5349.501-70 Special Termination Costs
(a) The contracting officer must process requests to use DFARS 252.249-7000, Special Termination Costs, through the MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC (see MP5349).
(c) The contracting officer must forward a request for SAF/FM approval through their MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO) and SAF/AQC prior to authorizing any increase in the Government's maximum liability under the clause. SAF/AQC will forward the request to SAF/FM.
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5349.7001 Congressional Notification on Significant Contract Terminations
The contracting officer must submit the proposed Congressional notification through the MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC at least five workdays before the proposed termination date. The SAF/AQC action officer will forward the information to SAF/LLP. The contracting officer must not release the termination notice until Congress has been notified (see MP5349).
5349.7003 Notification of Anticipated Terminations or Reductions
(b)(2)(i) The contracting officer must submit the draft notification through the MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC as soon as the proposed termination/reduction is known. SAF/AQC will forward the notification to SAF/AQ for signature (see MP5349).
5350 |
5350.103-5(a), 5350.104-3(b)(1) - Incorporates Policy Memo 13-C-03 |
(a) All requests for relief and all related documents, certifications, correspondence, reports, files, and a proposed memorandum of decision must be forwarded through the MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO) to the approving official. Follow MP5350.103-5 for processing requests for contract adjustments due to extraordinary contractual actions.
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5350.104-3(b)(1) Action on Indemnification Requests
Upon completion of all buying activity coordination, the contracting officer must forward the indemnification request through the MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC for staffing to the SECAF.
5352 |
5352.201-9101(c) - Incorporates Policy Memo 13-C-03 |
5352.201-9101 Ombudsman
As prescribed in 5301.9103, insert the following clause:
OMBUDSMAN (APR 2014)
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(c) If resolution cannot be made by the contracting officer, the interested party may contact the ombudsman, [Insert names, addresses, telephone numbers, facsimile numbers, and e-mail addresses of Center/MAJCOM/DRU/HQ AFICA/AFISRA/SMC ombudsman/ombudsmen]. Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/DRU/HQ AFICA/AFISRA/SMC ombudsman level, may be brought by the interested party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (571) 256-2395, facsimile number (571) 256-2431.
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MP5301.170(a) |
Incorporates Policy Memo 13-C-03 |
2. Phase 1 Peer Reviews (prior to commencement of negotiations)
a. No later than 10 business days prior to the scheduled Phase 1 review, the contracting officer must forward the completed AQC Request for Clearance (RFC) Template for Non-Competitive Business Clearance, including the Preliminary-Price Negotiation Memorandum and related attachments, and the Request for Business Clearance briefing charts through the MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC. On a case-by-case basis, additional supporting documentation may be requested in support of the SAF/AQC and/or DoD review. The Business Clearance Session to brief the DAS(C)/ADAS(C) will occur prior to the commencement of the Phase 1 review (see MP5301.9001 (f), paragraph 1.a).
MP5301.601(a)(i) |
Incorporates Policy Memo 13-C-03 (Revised Note 1 and added Note 2); added #95-approval to designate Government Flight Representatives (GFR); renumbered #28 and #29; revised Retained by HCA description in #31. |
See Matrix at MP5301.601(a)(1).
MP5301.601-91 |
Incorporates Policy Memo 13-C-03 |
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2. Compliance Inspection Program. MAJCOM/DRU/HQ AFICA/AFISRA SCOs (or for SMC, the SCCO), will manage a compliance inspection program to include self-inspection and oversight of the MAJCOM contracting Self-Assessment Program under AFI 90-201. MAJCOM/DRU/HQ AFICA/AFISRA SCOs (or for SMC, the SCCO), must direct all contracting offices to perform a compliance self-inspection in accordance with AFI 90-201 at least annually. When contracting offices are required by their installation leadership to perform at least annual self-inspection, the MAJCOM/DRU/HQ AFICA/AFISRA SCOs (or for SMC, the SCCO) will use the results of this inspection. Contracting offices must have a documented program for self-inspection to include a process for closing resolved findings in a timely manner, ensuring an effective level of review necessary to close a finding, and integrating findings and resolutions into the unit training program.
3. Compliance Inspection Checklist. Air Force contracting offices will use the Air Force Contracting Compliance Inspection Checklist when conducting compliance and self-inspections. MAJCOM/DRU/HQ AFICA/AFISRA SCOs (or contracting offices if approved by the SCO) may supplement the checklist. HQ AFMC/PK and the SMC SCCO are authorized to reformat and supplement these items for use on non-operational contracting inspections. This checklist will be used for MAJCOM compliance inspections performed in accordance with AFI 90-201.
4. Reporting. MAJCOM/DRU/HQ AFICA/AFISRA SCOs (or for SMC, the SCCO) may determine the content and format for the consolidated trend analysis report. However, the analysis must provide an assessment of unit compliance, findings resolution, including retraining activity, and identify overall patterns of non-compliance observed.
MP5301.602-2(d) |
Incorporates Policy Memo 13-C-03; Paragraph 1 reworded to align with DFARS 201.602-2 and editorial changes. |
Following are mandatory procedures (MP) for standardizing the Air Force (AF) contracting process regarding designation, assignment, and responsibilities of a Contracting Officer’s Representative and will be used when awarding services acquisitions unless the three conditions at DFARS PGI 201.602-2(iv)(A) are met.. While 10 U.S.C. 2330 exempts services relating to research and development and military construction from the term “contract services”, the Contracting Officer (CO) may still elect to use the procedures in this MP for these services.
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1.3 After receipt of the COR nomination package(s) from requiring activity (see COR Nomination Template), the CO must determine if the prospective COR is:
1.3.1 Qualified and acceptable or
1.3.2 Unqualified or unacceptable. If unqualified or unacceptable, the CO must identify specific deficiencies, notify the requiring activity, and request additional information or a new COR nomination.
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3.0 Requiring Activity/COR Management
COR responsibilities are set forth in DFARS 201.602-2 and DFARS PGI 201.602-2. Additional COR and COR management responsibilities are set forth in OUSD (AT&L) Memorandum, March 29, 2010, “DoD Standard for Certification of Contracting Officer’s Representatives (COR) for Service Acquisitions.”
4.0 Quality Assurance Program Coordinator (QAPC)
4.1 Train CORs and COR management (e.g., COR Supervisor, Functional Commanders/Directors (FC/FD)) on the contracting requirements associated with the quality assurance program and any MAJCOM/DRU/HQ AFICA/AFISRA /SMC procedures.
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4.3 Maintain the organization’s inputs into the DoD Contracting Officer Representative Tracking (CORT) Tool. Duties include maintaining:
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5.0 Qualification Requirements for CORs (Training, Agency Experience, Relevant Technical Experience and General Competencies)
The training requirements specified in OUSD (AT&L) Memorandum, March 29, 2010, “DoD Standard for Certification of Contracting Officer’s Representatives (COR) for Service Acquisitions,” meet the minimum training requirements for COR designation. MAJCOMs, DRUs, HQ AFICA, AFISRA, and SMC may add additional training requirements to meet their mission.
MP5301.602-3 |
Incorporates Policy Memo 13-C-03 |
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5. For ratification of unauthorized commitments equal to or greater than $30,000 of appropriated funds, the contracting officer must forward the file through the wing commander for review by the MAJCOM/DRU/HQ AFICA/AFISRA SCO. For SMC and AFMC organizations, forward the file through the wing commander or equivalent for review by the SCCO. For organizations that do not have a wing commander or equivalent, forward the file to the Center Technology/Functional Director for review. The contracting officer should include words substantially as follows:
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MP5301.603 |
Incorporates Policy Memo 13-C-03 and editorial changes. Adds references to Policy Memo 14-C-02. |
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2. Special Topics.
2.1. Displaying Warrants. The SF1402, Certificate of Appointment, must be clearly and publicly displayed in the CO’s workplace.
2.2. Focal Points (FP). The MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO) must designate a FP to oversee the warrant process as outlined in this MP. FPs may also be designated at subordinate contracting offices and delegated warrant-related responsibilities as appropriate, including Air Force Contracting Officer Test (COT) proctor responsibilities. All FPs and FP designees must be designated in writing. See the FP Designation Memo template and the COT Statement of Security and Standards template.
2.2.1. (INTERIM CHANGE: See Policy Memo 14-C-02)
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3.3. Air Force Contracting Officer Test. Candidates for warrants above the simplified acquisition threshold (SAT) must successfully complete the four-hour time-limited, open book/open on-line Hill AFB FARSite COT to assess contracting knowledge and research ability. Assistance to a candidate taking the COT by another individual or group is not permitted except that which is required to provide reasonable accommodation to an employee as documented on the Contracting Officer Appointment/Warrant Eligibility Transfer/Termination Request template. Subordinate-level warrant process FPs or designees must also submit an FP Designation Memo. Warrant process FPs or designees who are responsible for test proctoring must submit a COT Statement of Security and Standards to their MAJCOM/DRU/FOA warrant process FP, who will maintain it on file.
3.3.1. The warrant process FP or designee will generate the COT, schedule and designate/secure an appropriately equipped testing environment/location away from the candidate’s assigned workstation and notify the candidate.
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3.3.3. The warrant process FP or designee must proctor the COT to verify the candidate’s completion of the COT according to the specific directions of this MP and the Air Force Contracting Officer Test Administrator and User Guide. The proctor will administer COTs as frequently as determined necessary. Designated proctors must review testing procedures with the candidate(s) prior to administering the COT.
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3.3.5. In order to complete the COT within the allotted time, a candidate must be familiar with the location of various subject matters in the FAR, DFARS and AFFARS and understand how to gain access to these regulations through the Hill AFB FARSite without the use of any shortcuts residing on their personal desktop, as the COT will not be administered at the candidate’s assigned workstation. Candidates may bring bound, published copies of the FAR and DFARS into the testing location, however, use of these printed materials is at the candidate’s own risk as they may not be as current as the Hill AFB FARSite electronic regulations available for use in the testing location. Notes and/or electronic devices are not permitted to be brought into the testing location.
3.3.8. The COT will be automatically scored; however, the proctor must validate incorrect references as well as any challenged result, and must manually adjust the score, if the adjustment will result in a passing score instead of a failing score. The proctor must notify HQ AFMC/PK when specific question and/or database maintenance is required as set forth in paragraph 2.10 above. The designated proctor must generate, sign and date a COT Certificate of Completion indicating successful completion of the COT and provide the original to the candidate. The proctor must also annotate successful COT completion on the candidate’s Contracting Officer Appointment/Warrant Eligibility Transfer/Termination Request template in the space provided.
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4.1.1. (INTERIM CHANGE: See Policy Memo 14-C-02)
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5. Documentation Maintenance. The FP or designee must maintain a folder for each CO which includes the completed Contracting Officer Appointment/Warrant Eligibility Transfer/Termination Request template, documentation requirements of FAR 1.603-2 as supplemented, and a copy of the signed SF1402. A copy of the COT that was administered, as well as a copy of the Warrant board minutes, when a board is conducted, may be retained by the FP or designee in a central location (filed by the date the COT was administered or board was conducted) or filed within the folder for each CO. Additionally, the FP or designee must enter data into the AF Contracting Officer Warrant Tracking Tool. These records (hard copy and electronic) must be retained for all active appointments to facilitate warrant modifications no less than 12 months after warrant termination to facilitate eligibility transfers and reinstatements.
(INTERIM CHANGE: See Policy Memo 14-C-02)
MP5301.9001(b) |
Incorporates Policy Memo 13-C-03 |
3.1. Multi-functional Independent Review Team (MIRT). The MIRT is formed at the beginning of each competitive acquisition with membership approved by the CAA. When DAS(C) or ADAS(C) is the CAA, AQC will rely on the MIRT appointed by the MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO). The CAA may use existing Independent Review Teams, peer reviews, Acquisition Center of Excellence (ACE) established review teams, or other established processes to satisfy this requirement. Note 1 To promote consistency, it is desirable that the same MIRT members participate in each critical decision point review for the duration of the acquisition unless otherwise approved by the CAA. The members of MIRTs must not be members of the source selection/competitive acquisition team. The team must be comprised of government personnel, to the maximum extent practicable.
The MIRT must have representation from:
-- Technical or Requirements Activity (e.g., engineering, program management, A1, A5, etc.)
-- Legal (e.g., other program counsel, SAF/GCQ, AFLOA/JAQ, etc.)
-- Contracting (.e.g., Contracting Officer, Chief of Policy, Technical Director/Advisor, etc.)
-- Others, as applicable (e.g., finance/cost, small business, contract management (DCMA) etc.)
Inclusion of peers from other bases, MAJCOMs/DRUs/FOAs, or other DoD Agencies provides a broader approach to the independent review process and facilitates the sharing of lessons-learned and best practices.
MP5301.9001(f) |
Incorporates Policy Memo 13-C-03 |
2. Business Clearance for Competitive Actions
a. For competitive actions that meet the criteria for DAS(C)/ADAS(C) business clearance approval, the MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO) must request that the Multi-Functional Independent Review Team (MIRT) include a member from SAF/AQC. Submit requests for MIRT member to SAF/AQCP.
b. No later than 30 days prior to the desired date of the business clearance briefing to the DAS(C)/ADAS(C), the MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO) must request clearance from AQC through SAF/AQC. The request must include, as a minimum, the following information:
MP5303 |
Incorporates Policy Memo 13-C-03 |
MP5303.104-5 Disqualification
(b) In addition to the parties identified at FAR 3.104-5(b), if the source selection authority is the MAJCOM/FOA/DRU/CC or CV, the disqualification notice must be coordinated through the MAJCOM/FOA/DRU JA and the MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO). The notice must include the items at FAR 3.104-5(b) and the following:
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MP5303.602 Exceptions
The MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO) should review each contract action to ensure no viable alternatives exist and that every effort is made to avoid any conflict of interest between the employees' interests and their government duties. Requests must address the following:
MP5306.502 |
Incorporates Policy Memo 13-C-03 |
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1. Objectives. The objective of the Air Force Competition and Commercial Advocacy Program is to promote and support full and open competition and commercial practices to the maximum extent possible. The procedures below define how the Air Force will manage the Air Force Competition and Commercial Advocacy Program and the associated reporting requirements. In addition to the requirements at FAR 6.501, the MAJCOM/DRU/HQ AFICA/AFICA (OL-supported MAJCOM)/AFISRA/SMC and any subordinate Competition and Commercial Advocate(s) must:
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1.3. Have direct access to the MAJCOM/DRU/HQ AFICA/AFISRA/SMC commander on matters relating to competition, the acquisition of commercial items and services, and must not have duties or responsibilities inconsistent with Competition and Commercial Advocate duties and responsibilities.
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2.2. Promote commercial practices and competition in acquisition programs managed by their MAJCOM/DRU/HQ AFICA/AFISRA/SMC. Identify, track, and follow-up on actions to remove impediments to commercial practices and competition. Seek to improve the overall competitive performance, including effective competition*, and increase the use of commercial practices by overcoming barriers such as defining requirements, policies, procedures, and decisions that restrict competition and limit their applicability. SAF/AQC developed a web based tool for development of the MAJCOM/DRU/HQ AFICA/AFISRA/SMC contracting competition report and to monitor quarterly competition performance.
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2.5. The Competition Advocate General will establish MAJCOM/DRU/HQ AFICA/AFISRA/SMC competition and effective competition goals using the OUSD (AT&L) DPAP assigned goal for the Air Force as a baseline. The MAJCOM/DRU/HQ AFICA/AFICA (OL-supported MAJCOM)/AFISRA/SMC Competition and Commercial advocate may assign subordinate competition and effective competition goals as necessary to ensure achievement of assigned goal.
2.6. Track and report on progress in achieving the MAJCOM/DRU/HQ AFICA/AFISRA/SMC competition and effective competition goals.
2.7. Track and report the use of fair opportunity and the achievement of effective competition on task and delivery orders written against multiple award contracts for the MAJCOM/DRU/HQ AFICA/AFISRA/SMC.
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2.12. The MAJCOM/DRU/HQ AFICA/AFICA (OL-supported MAJCOM)/AFISRA/SMC Competition and Commercial Advocate must ensure operational contracting Squadrons/Flights have access to an Installation/Center/Wing Competition and Commercial Advocate.
2.13. Establish a competition and commercial advocacy program for activities within the MAJCOM/DRU/HQ AFICA/AFISRA/SMC. The activities’ Competition and Commercial Program must meet the oversight and management and reporting requirements identified throughout this MP.
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3.1. MAJCOM/DRU/HQ AFICA/AFICA (OL-supported MAJCOM)/AFISRA/SMC Competition and Commercial Advocate Appointments.
3.1.1. MAJCOM/DRU/HQ AFICA/AFISRA/SMC Commanders must nominate a Competition and Commercial Advocate and alternate to the Competition Advocate General. The AFICA (OL-supported MAJCOM) SCO (Director of Contracting or civilian deputy) must be the individual nominated to be the primary Competition and Commercial Advocate for the MAJCOM they support (see paragraph 1.2). Submit the nomination package to the SAF/AQCP Competition POC and include, at a minimum, the following information:
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3.2.1. The Installation/Center/Wing Commander must nominate the Installation/Center/Wing Competition and Commercial Advocate or alternate (see paragraph 1.2) using the nomination package referenced in paragraph 3.1.1, and forward the package to the MAJCOM/DRU/HQ AFICA/AFICA (OL-supported MAJCOM)/AFISRA Competition and Commercial Advocate.
3.2.2. The MAJCOM/DRU/HQ AFICA/AFICA (OL-supported MAJCOM)/AFISRA Competition and Commercial Advocate must appoint the Installation/Center/Wing Competition and Commercial Advocate or alternate via appointment memo. The MAJCOM/DRU/HQ AFICA/AFISRA Competition and Commercial Advocate must return the signed appointment memo to the Installation/Center/Wing Commander for presentation to the Competition and Commercial Advocate.
3.2.3. The names and telephone numbers of the Installation/Center/Wing Competition and Commercial Advocate, the MAJCOM/DRU/HQ AFICA/AFICA (OL-supported MAJCOM)/AFISRA/SMC Competition and Commercial Advocate, and the Air Force Competition Advocate General must be displayed on a poster template in a prominent location in each unit.
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4.1. In accordance with paragraph 4.1.2.1, MAJCOM/DRU/HQ AFICA/AFICA (OL-supported MAJCOM)/AFISRA/SMC Competition and Commercial Advocates must prepare and submit a consolidated annual competition and commercial report to the Competition Advocate General by 15 December of each calendar year, unless directed otherwise.
4.1.1. The data included in the consolidated MAJCOM/DRU/HQ AFICA/AFISRA/SMC competition and commercial report must be obtained from the Standard Competition reports, and any necessary ad hoc reports from the Federal Procurement Data System-Next Generation (FPDS-NG) database. The data is not to be modified for reporting purposes, unless the adjustment is annotated and justified.
4.1.2. In addition to the competition reporting requirements identified at FAR 6.502(b) , the consolidated MAJCOM/DRU/HQ AFICA/AFISRA/SMC competition and commercial report must include the additional reporting requirements outlined below.
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4.1.2.2. MAJCOM/DRU/HQ AFICA/AFISRA/SMC proposed competition and effective competition goals and plans for achievement must also be included in the annual report.
1.3. Applicability. This MP must be used in conjunction with FAR Part 15, as supplemented, to include the DoD Source Selection Procedures, related law, regulation, and policy. This MP applies to all negotiated, competitive acquisitions using FAR Part 15 procedures regardless of the approach taken within the best-value continuum.
Acquisitions exempted in the DoD Source Selection Procedures, paragraph 1.3., need not comply with this MP. Deviations from this MP must be forwarded for approval through the MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for SMC, the SCCO) to SAF/AQC.
A request for waiver to any portion of the DoD Source Selection Procedures must be forwarded through the MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for SMC, the SCCO) to SAF/AQC for review and processing to the Director, Defense Procurement and Acquisition Policy.
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1.4.1.1. Appointment of SSA:
SSA Designations |
Below $10M |
$10M to less than $100M Note 2 |
$100M and above
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ACAT I, IA |
Note 1 |
SAF/AQ (Note 6) |
SAF/AQ (Note 6) |
ACAT II and III |
Note 1 |
PEO |
PEO |
Services Acquisitions |
Note 1 |
Note 5 |
PEO -- Note 4 |
Other Contracting (e.g., commodities, construction) |
Note 1 |
Note 5 |
Note 5 |
NOTES: 1. Procuring Contracting Officer (PCO) or equivalent or higher position within the Program Executive Officer (PEO) / requiring organization chain, as designated in the approved acquisition planning document. 3. Delegable to no lower than one level above the PCO or equivalent or higher position within the PEO/ requiring organization chain. | |||
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6.2 Responsibilities of the MAJCOM/DRU/HQ AFICA/AFISRA Senior Contracting Officials (SCO) and the AFLCMC and SMC Senior Center Contracting Officials (SCCO)
SCOs/SCCOs must: (a) implement a robust source selection training program, (b) designate a Training Manager/Point of Contact (POC), and (c) designate experienced Trainers and provide current lists of the Training managers/POCs and trainers to the SAF/AQC Field Support Team. The lists should be updated as necessary.
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6.8 Continuous Learning Points (CLP)
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MP5315.4 |
Revised to incorporate cost proposal adequacy and structure concept, and added cost proposal adequacy and structure sample provision. |
1. Proposal Instructions. To facilitate timely awards of sole source contract actions and definitization of Undefinitized Contract Actions (UCAs) within 180-days after issuance of the UCA, contracting officers must:
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c. Include DFARS provision 252.215-7009 in sole-source draft and final Requests for Proposals (DRFPs/RFPs) and RFPs for UCAs when the contract value is anticipated to exceed the threshold for obtaining certified cost or pricing data, and no exception to the requirement to submit certified cost or pricing data applies. (See FAR 15.403-1(b).)
d. Include a provision substantially the same as L-XXX, Cost Proposal Adequacy and Structure, in the solicitation, or as a paragraph within a letter RFP, whenever DFARS provision 252.215-7009 is included. Add paragraph (e) to provision L-XXX, Cost Proposal Adequacy and Structure, only when an electronic version of the cost proposal with active formulas (e.g., in Excel) is required. Contracting Officers may tailor this provision as necessary to reflect the unique circumstances of each acquisition.
L-XXX COST PROPOSAL ADEQUACY AND STRUCTURE: (Click Here)
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3. Requesting data/documentation after receipt of the proposal.
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e. If, after elevation, an acceptable resolution has not occurred or the contractor fails to provide the data/documentation within the revised agreed-to date, the contracting officer may take remedial actions:
● for UCAs, contracting officers should consider reducing or suspending progress payments (FAR 32.503-6) when the contractor does not submit a timely qualifying proposal or has otherwise not supported the established definitization schedule; and/or
● assign an unsatisfactory rating for a singular performance problem, such as the failure to submit a timely, complete and quality proposal (or subsequent data submissions), in connection with a UCA when the problem is of such serious magnitude that it alone justifies an unsatisfactory Contractor Performance Assessment Reporting System (CPARS) rating in the assessment of Management Responsiveness (Block 18d(1) for a Systems CPAR) or Business Relations (Block 18d for a Non-Systems CPAR). Ratings must track to the definitions provided in Attachment 2, “Evaluation Rating Definitions” to the DoD CPARS Policy Guide.
f. Consistent with the notice given to contractors in the provision L-XXX, Cost Proposal Adequacy and Structure, in situations when the contractor’s original proposal is inadequate and requires revision or rework, contracting officers should consider whether to recognize as reasonable any contractor costs associated with the revision/rework effort and must consider the nature and extent of any proposal inadequacies when negotiating profit.
L-XXX COST PROPOSAL ADEQUACY AND STRUCTURE
NOTE: The blue italicized text below represents instructions for the CO and should be removed prior to incorporating Section L into the solicitation.
(a) In response to this Request for Proposals (RFP), the offeror shall prepare and submit certified cost or pricing data and supporting attachments in accordance with Table 15-2 of FAR 15.408. Further, the offeror shall (1) utilize the DFARS 252.215-7009, Proposal Adequacy Checklist (PAC), in pre-submission proposal quality reviews, and (2) furnish the completed checklist as part of their proposal submission.
(1) The responsibility for providing a well-prepared and fully supported cost proposal lies solely with the offeror. The basis and rationale for all proposed costs shall be provided as part of the proposal so that the Contracting Officer (CO) has the information necessary to evaluate the reasonableness of the proposed price.
(2) If the offeror is unsure as to whether a checklist item is required in support of the proposal, or how to adequately comply with a checklist item, the offeror shall contact the Contracting Officer as soon as possible after receipt of the RFP, but in any case prior to proposal submittal, to resolve the questions.
(3) Non-compliances with the DFARS Proposal Adequacy Checklist and the additional requirements of this provision will require immediate correction. However, completion of the checklist does not relieve the offeror from the responsibility to comply with all applicable regulations and any special requirements of the solicitation.
(4) The offeror is encouraged to flow down this provision to subcontractors/affiliates required to submit certified cost or pricing data in support of this RFP.
(b) The offeror is advised that the contracting officer may find costs associated with revision/rework of inadequate cost proposals unreasonable, and will consider the nature and extent of any proposal inadequacies when assessing/negotiating profit.
(c) In order to preclude delays in negotiations and contract award, the completed PAC submitted with the proposal shall provide a clear explanation for any checklist items not included in the proposal, particularly items not provided based on any of the five exceptions to TINA found at FAR 15.403-1(b).
(d) Cost Proposal Requirements. In addition to the requirements identified in the DFARS PAC, the following also apply to the cost proposal submitted in response to this RFP.
(1) Breakout by Year. If the proposal includes more than one CLIN, the proposal shall include a breakout of CLIN prices by cost element by Contractor Fiscal Year (CFY). At the Contracting Officer’s direction, the breakout by year shall also be provided by: (select applicable breakouts)
___ Government Fiscal Year (GFY)
___ Calendar Year (CY)
The proposal shall define the timeframe of the Contractor Fiscal Year (for example, January – December).
(2) If the proposal includes more than one CLIN/subCLIN, recurring/non-recurring costs shall be identified for each CLIN/subCLIN.
(3) When the proposal includes material costs, the proposal shall include a consolidated bill of materials (CBOM) at the total contract level in an electronic, sortable format (Excel spreadsheet or other format approved by the Contracting Officer).
i. When the amounts proposed in the CBOM include application of escalation, the proposal shall identify the base value, the escalation rate(s) used, and the escalation amount associated with each item escalated.
ii. When the proposed amount is based on historical data which has been adjusted (for example, for differences in quantity), the CBOM shall clearly identify the adjustments made to the historical data and the reason for each adjustment.
(4) All costs proposed on the basis of Cost Estimating Relationships (CER) shall be fully supported. The proposal shall identify the basis for the proposed rate, shall identify the base to which the rate is applied, and shall clearly demonstrate the calculation of proposed costs based on CERs.
(5) For any costs incurred prior to proposal submission, the proposal shall identify actual hours and cost incurred as well as hours/costs to complete and the time phasing associated with these hours/costs. This information/data shall be provided in a time-phased cost element summary format.
(6) Submission of Historical Actual Costs Incurred. (Insert in RFPs for follow-on efforts as applicable. The CO may identify specific contracts for which submission of actual cost data is required (for example, the last three lot buys of the same item), or may require that the contractor identify its most recent sales of the items to any customers, if the contractor’s sales base is broader than the current buying office. Language may be tailored to request insight into specific areas of cost (e.g., sustaining engineering hours). However, the CO should take into consideration the extent to which the contractor’s existing business systems can support requests for granularity in reporting of actual costs incurred, as well as the potential time and cost involved in obtaining very detailed or low-level historical actuals.)
(i) The contractor shall provide the following information for these prior acquisitions: [CO identifies the specific acquisitions for which actual cost data is required. Alternately, the CO may require the contractor to identify prior and current contracts for the same items covered in this RFP.] For these contracts, the contractor shall provide the following information:
a. contract number (including modification number if applicable) or other identifier;
b. contract type;
c. contract quantity;
d. contract price; and
e. actual cost incurred, including a breakout of actuals as recurring/non-recurring costs. If performance is not complete on any of the specified contract actions, provide an estimate to complete and the basis for that estimate.
(ii) The contractor shall also request that its top five major sole source subcontractors provide the information listed in the above paragraphs (i) a. through e. on prior contracts for items the prime is purchasing from the subcontractors for this effort. If a subcontractor’s information on prior actuals is not included in the prime’s proposal, the proposal should identify status and anticipated receipt date(s). If the subcontractor deems the information proprietary, the subcontractor may submit the information directly to the CO.
(7) The proposal shall identify those actions where assist audits have been requested by the prime or sub-tier contractors and identify the request date and scheduled receipt date for those audits. The need for assist audits resulting from proprietary data rights assertions at any tier shall be identified to the Contracting Officer as soon as the offeror becomes aware of the need. Government performance of assist audits does not relieve the offeror of the responsibility to accomplish and provide its price/cost analysis of the subcontracts.
(8) If the offeror intends to request Performance-Based Payments (PBP), the offeror’s proposal shall include a monthly expenditure profile, proposed events and their projected completion dates, proposed values for each event, completion criteria for each event, and an identification of each event as severable or cumulative.
(9) Commercial item considerations:
i. The offeror’s proposal shall provide support for any subcontractor Commercial Item Determinations (CID), addressing, at a minimum, the following:
a. A description of the supplies or services;
b. Specific identification of the type of commercial item claim ( FAR 2.101 commercial item sub-definitions (1) through (8)), and the basis on which the item meets the definition; and
c. For modified commercial items (commercial item sub-definition (3)), classification of the modification(s) with supporting rationale as either:
1. Of a type customarily available in the commercial marketplace ( FAR 2.101 commercial item sub-definition (3)(i)); or
2. A minor modification of a type not customarily available in the commercial marketplace made to meet Federal Government requirements ( FAR 2.101 commercial item sub-definition (3)(ii)).
Note that per FAR 15.403-1(c)(3)(iii)(B), modifications that meet the definition of minor modifications of a type not customarily available in the commercial marketplace as defined in FAR 2.101, paragraph (3)(ii) of the commercial item definition, will require the submission of certified cost and pricing data when the total price of all such modifications exceeds the greater of the threshold for certified cost or pricing data ( FAR 15.403-4) or 5% of the total price of the contract at the time of contract award.
ii. For proposed subcontract commercial items “of a type”, or “evolved” or modified ( FAR 2.101 commercial item sub-definitions (1) through (3)), the offeror shall provide a technical description of the differences between the proposed item and the comparison item and thoroughly address the cost differences between the proposed item and the comparison item.
iii. The proposal shall include, or the offeror shall make available, data other than certified cost or pricing data to establish price reasonableness of the proposed subcontract commercial item (to include any modifications not subject to the requirement to submit certified cost or pricing data) by supplying:
a. Information/data related to competition, if competition is the offeror’s basis for asserting the reasonableness of the proposed subcontract price.
b. Information/data related to prices (sales data, market price assessments, etc.). Note that subcontractors may submit sales data directly to the CO if the subcontractor deems the data proprietary.
c. The prime contractor’s or higher tier subcontractor’s price analysis/price reasonableness determination for the commercial subcontract in accordance with FAR 15.404-3(b)(1) and (2).
d. Cost information/data (cost element breakdown and supporting documentation not subject to certification in accordance with FAR 15.406-2). Instances where cost information may be required include but are not limited to commercial items offered but never actually sold to the public, “of a type” commercial items, or when sales data is limited and/or not recent and/or not for the same/similar quantities.
Note that the preferred method of establishing the price reasonableness of commercial items is to obtain commercial sales data. It is recognized that other methods, such as market price assessment data or evaluation of cost data not subject to certification, are also acceptable when prior sales data cannot be obtained. Sales data shall (1) demonstrate sales to the general public; (2) be current; and (3) where possible, be in like quantities. Items sold to state, local, or foreign governments or items sold with applications only to state, local, or foreign government or US Government end items are not considered to be sales to the general public unless the proposed commercial item meets the FAR 2.101 commercial item definition sub-definition (8).
(10) Additional Cost/Price Proposal Requirements: (Identify any additional requirements applicable to the solicitation, or enter “N/A”.
- If an electronic CBOM providing traceability to the CLIN level, to WBS paragraph, etc. is required, identify that requirement in this paragraph.
- If sales data supporting price reasonableness of a commercial item is required, use this paragraph to provide specifics as to the level of detail and applicable date range(s) of the sales data.
- If a breakout of basic and options is required, detail that requirement here)
Add the following paragraph to provision L-XXX, Cost Proposal Adequacy and Structure, only when an electronic version of the cost proposal with active formulas (e.g., in Excel) is required. This paragraph may be tailored as necessary to describe the specific requirements of the electronic cost model.
(e) Submission of electronic cost model. (Tailor as needed for each specific circumstance. If electronic cost models are required for any subcontractors or affiliates, identify those requirements within this paragraph.) The proposal submission shall include an electronic cost model with active formulas demonstrating the mathematical calculation of the proposed cost (in Excel or other format approved by the Contracting Officer). The electronic cost model shall include build-up by year of cost in total and by CLIN/subCLIN, consistent with the yearly breakout required by paragraph (d)(1) of this provision, or as directed by the Contracting Officer. If applicable, the electronic cost model shall link each Work Breakdown Structure (WBS) to the applicable CLINs. The electronic cost model shall roll up to an annual and total program summary by cost element. All information supporting each CLIN should be visible and verifiable in the electronic cost model. The formulas included in the electronic cost model shall not be locked, and the model shall be editable by the Government.
NOTE: The blue italicized text above represents instructions for the CO and should be removed prior to incorporating Section L into the solicitation.
MP5315.407-90 |
Incorporates Policy Memo 13-C-03 |
2. SAF/AQCP is responsible for managing the Air Force CAFU program and has delegated the reporting requirements of DoDI7640.02 to HQ AFMC/PKF.
3. Contract Audit Follow-Up (CAFU) requirements for DCAA audit reports:
a. MAJCOM/DRU/HQ AFICA/AFISRA SCO and AFLCMC and SMC SCCO RESPONSIBILITIES: SCOs/SCCOs must –
(i) Designate a CAFU focal point to manage the command’s CAFU program in accordance with these procedures. The CAFU Focal Point must:
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(d) Ensure that the MAJCOM/DRU/HQ AFICA/AFISRA/SMC semi-annual CAFU status report is prepared in accordance with these procedures using the web-based CAFU tool and User’s manual located on the Defense Contract Management Agency (DCMA) website. When the security classification of a contract or an audit precludes the use of the DCMA website, MAJCOM/DRU/HQ AFICA/AFISRA SCOs (or for SMC, the SCCO) must seek approval from HQ AFMC/PKF to use alternate means of reporting.
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c. TRACKING OF AUDIT REPORTS: Contracting activities must track all contract audit reports. Tracking of non-reportable audits may be accomplished using records maintained in the contract file or in the CAFU on-line system. The designated focal point at each Air Force contracting activity should maintain contract audit follow-up information on a current basis. The audit tracking information will normally be managed centrally at MAJCOM/DRU/HQ AFICA/AFISRA headquarters (except for HQ AFMC and SMC), where this tracking will occur at the field activity). For auditor-determined final, indirect cost rate reports, a report is considered received for follow-up tracking purposes when it is forwarded by the auditor to the cognizant Administrative Contracting Officer (ACO) for resolution and disposition.
d. REPORTING OF AUDIT REPORTS: Reportable audits are identified in Enclosure 5 of DoDI 7640.02. The information to be reported on each audit is identified in Enclosure 4 of the same regulation. MAJCOM/DRU/HQ AFICA/AFISRA/SMC semi-annual status reports will be automatically transmitted using the on-line CAFU system. The reports must cover the semi-annual periods ending 31 Mar and 30 Sep and must be completed in the on-line CAFU system no later than 3 days after the end of the reporting period. If there are no audits, a negative report must be prepared and submitted to HQ AFMC/PKF. All activities must make every possible effort to ensure the completeness and accuracy of their semi-annual reporting submission. Special attention should be focused on ensuring the most accurate data is submitted on any audit listed as unresolved and over 6 months old.
MP5315.606-90 |
Incorporates Policy Memo 13-C-03 |
(a) Headquarters Air Force (HAF) organizations that receive submissions that are considered unsolicited proposals (UP) as defined at FAR 2.101 and described in FAR 15.603(c) must forward them to SAF/AQC for disposition. SAF/AQC will forward the submission to the proper Air Force MAJCOM/DRU/HQ AFICA/AFISRA/SMC contracting unit to evaluate and process the proposal.
(1) Unless otherwise directed by SAF/AQC, the cognizant point of contact responsible for receipt and disposition of UPs shall provide the Air Force’s response to offerors. MAJCOMs/DRUs/HQ AFICA/AFISRA/SMC, and subordinate contracting units are considered points of contact for UPs received at their respective base/activity.
(b) Cognizant points of contact will:
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(2) Notify the MAJCOM/DRU/HQ AFICA/AFISRA SCO for any UP that requires command-wide consideration.
MP5317.5 |
MP5317.502-2-Reworded and changed reference to AFI 65-116. |
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(c) (2) In accordance with AFI 65-116 the D&F must be approved by the head of the major organizational unit ordering the support and attached to the support agreement. This authority may be delegated, although designees may not be lower than Senior Executive Service, Flag, or General Officer. For agreements for support that will be provided via contract administered by a servicing agency not covered by the Federal Acquisition Regulation, approval of the D&F may not be delegated below the Air Force Senior Procurement Executive, SAF/AQ. The approved D&F must be attached to the support agreement; requesting and supplying activity determinations are signified by signing a support agreement (blocks 8 and 9 on DD Form 1144) and no further written D&Fs are required for agreements between DoD activities.
MP5317.74 |
Incorporates Policy Memo 13-C-03 |
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2. Proposal and Definitization Requirements
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c. The DAS(C) may require the MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO), and any members of the definitization team, to brief the appropriate HAF staff on the status of any UCA not definitized within 180 days of issuance. For any delays in the definitization schedule, contracting officers must document the contract file with the justification to include the revised definitization milestone schedule.
MP5317.78 |
Reworded and changed reference to AFI 65-116. |
MP5317.7802Policy
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(c) In accordance with DFARS 217.7802, when the amount of the order exceeds the simplified acquisition threshold, a Determination and Finding (D&F) is required. See AFI 65-116 for a sample Interagency Acquisition D&F; requesting and supplying activity determinations are signified by signing a support agreement (blocks 8 and 9 on DD Form 1144) and no further written D&F is required for agreements between DoD activities.
MP5325.7002-2 |
Incorporates Policy Memo 13-C-03 |
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2. DNAD Exception
a. Individual DNADs
When a contractor asserts that a domestic item identified at DFARS 225.7002-1 is not available, a DNAD is required; the DNAD must be coordinated through the MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO) and SAF/AQC before submission to the Secretary of the Air Force (SecAF) for approval. The SecAF may grant a DNAD if compliant items, identified at DFARS 225.7002-1, of satisfactory quality and sufficient quantity, and in the required form, cannot be procured at U.S. market prices as and when needed. This approval authority is not delegable. This exception should not be read to require that the compliant material/item must be totally unavailable (i.e., cannot be obtained at any cost). There is some cost limit that should be recognizable by a Contracting Officer, and that a reasonable person would agree, makes the material/item effectively “unavailable.”
b. Class DNADs
Contracting Officers may continue to use OUSD (AT&L) approved class DNADs that cover food, clothing, fabrics, and hand or measuring tools for new contracts if the DNAD was signed by the Undersecretary of Defense (OUSD) (AT&L) or by a Service Secretary. The OUSD (AT&L) DNADs currently available for reciprocal use are posted on the DCMA Website. If a class DNAD is used, the Contracting Officer must prepare a Determination and Finding (D&F) approved by the MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO). This approval may not be further delegated. The Contracting Officer must obtain legal review to support the determination.
MP5325.7003-3 |
Incorporates Policy Memo 13-C-03 |
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2. Applicability of Commercial Derivative Military Articles (CDMA) to Specialty Metals
When a program office concludes that an item to be delivered under a prime contract is a commercial derivative military article (as defined at DFARS 252.225-7009) and the prime contractor provides the certification required at DFARS 252.225-7010, the Contracting Officer must prepare a CDMA D&F and coordinate the effort through the MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO) and SAF/AQC for submission to the Secretary of the Air Force (SecAF) for approval. This approval authority is not delegable.
When a program office concludes that domestically melted or produced specialty metal cannot be procured (as described in DFARS 225.7003-3(b)(5)) to support the production of a particular end item or component, the Contracting Officer must prepare a DNAD D&F for specialty metals. The contracting officer must coordinate the effort through the MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO) and SAF/AQC for submission to the SecAF for approval. The SecAF may grant a DNAD for an individual contract if a compliant specialty metal of satisfactory quality and sufficient quantity, and in the required form, cannot be procured as and when needed at a fair and reasonable price. This approval authority is not delegable. A Class DNAD requires the approval of the USD(AT&L).
MP5325 |
MP5325.103(c)(2)-(3) - Incorporates Policy Memo 13-C-03 |
MP5325.103 Exceptions
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(c) When overseas contracting support is needed, CONUS contracting activities should contact the following:
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(2) In Okinawa:
18 CONS/CC
Unit 5199
APO AP 96368-5199
DSN 315-634-1828
(3) In Europe:
AFICA/KU (OLAFE)
Unit 3103
APO AE 09094-3103
DSN 314-480-5910
MP5332.7 |
Incorporates Policy Memo 13-C-03 |
Release of Requests for Proposals (RFP) in Advance of Funding Availability
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1(c) For solicitations funded by annual appropriations when the MAJCOM/DRU/HQ AFICA/AFISRA/SMC Requiring Activity Functional Commander/Director, Director of Contracting, and Comptroller jointly agree in writing to authorize the contracting office to issue solicitations when it is anticipated that the contract(s) will be funded, but funds are not yet available.
MP5333.104 |
MP5333.104(a)(4)&(5), MP5333.104(f)(1)(ii)(A), MP5333.104(g)(4) - Incorporates Policy Memo 13-C-03 |
(a) General
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(4) The contracting officer must send any communication to the GAO through AFLOA/JAQ with a courtesy copy to SAF/AQC and to the MAJCOM/DRU/AFMC Center/HQ AFICA/AFISRA/SMC focal point. Forward any inquiry received from an attorney representing a protestor or interested party to AFLOA/JAQ.
(5) The focal point is the designated individual at each MAJCOM/DRU/AFMC Center/HQ AFICA/AFISRA/SMC who receives communication from SAF/AQC concerning protests against Air Force solicitations or awards.
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(f) Resolving the Protest
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(A) Corrective action should be accomplished pursuant to paragraph (g) below. A decision not to comply with a GAO recommendation for corrective action may only be made by SAF/AQC. Any recommendation not to comply with GAO’s corrective action recommendation must be coordinated with the focal point and forwarded through the MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC and AFLOA/JAQ within 15 days of the date of the decision.
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(g) Corrective Action
(4) Reporting. Within five days of a decision to take corrective action (either voluntary or as recommended by the GAO), the contracting officer must provide a corrective action plan through their MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC and AFLOA/JAQ. The contracting officer must notify SAF/AQC and AFLOA/JAQ if there are any significant changes to the corrective action plan, if the corrective action will not be completed within 60 days, and when the corrective action is complete. The focal point should be copied on these messages.
MP5346.103 |
Reworded paragraph 1 to align with DFARS 201.602-2. |
The following mandatory procedures will be used when awarding services acquisitions unless the three conditions at DFARS PGI 201.602-2(iv)(A) are met. While 10 U.S.C. 2330 exempts services relating to research and development and military construction from the term “contract services,” the Contracting Officer (CO) may still elect to use the procedures.
