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afac2014-1001
AFAC
Air Force Acquisition Circular (AFAC) 2014-1001
1 October 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.
5301.9001 Policy, Thresholds, and Approvals
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(f) Contract actions meeting the contract value thresholds set below must not be awarded without obtaining the required business and contract clearance approval(s). Clearance approval authority may not be delegated, however unit specific assignments pursuant to subparagraph (3)(i) are authorized.
(1) Clearance Approval by the DAS(C)/ADAS(C).
(i) The DAS(C) or ADAS(C) are the business clearance approval authorities for all noncompetitive contract actions $500M or more and competitive contract actions valued at $1B or more; and any other contract action identified as special interest by the DAS(C) or ADAS(C) regardless of dollar amount. The procedures in MP5301.9001(f) must be followed for business clearance at the DAS(C) or ADAS(C). Contract clearance approval authority will be in accordance with paragraphs (2), (3), and (4) below.
(ii) 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.
(2) For PEO programs supported by AFMC, SMC, or AFISRA and for AFMC, SMC, and AFISRA Other Contracting (excluding Operational).
Contract Value* |
Clearance Approval Authority |
Noncompetitive: >$500M
|
DAS(C)/ADAS(C) for Business Clearance Only (see paragraph (f)(1)(i))
|
Noncompetitive: >$50M < $500M Competitive: >$50M < $1B |
SCCO, AFISRA SCO |
$25M - $50M |
AFISRA SCO; for AFMC and SMC, one level below the SCCO
|
$5M < $25M |
AFISRA SCO*; for AFMC and SMC, two levels below the SCCO
|
* The AFISRA SCO may assign a clearance threshold in excess of $5M to a subordinate unit; however, the threshold assigned must not be greater than $10M.
(3) For Operational Contracting (excluding AFRC)
Contract Value* |
Clearance Approval Authority |
Noncompetitive: >$500M
|
DAS(C)/ADAS(C) for Business Clearance Only (see paragraph (f)(1)(i))
|
Noncompetitive: >$2M < $500M Competitive: >$2M < $1B |
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 |
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(4) For AFRC
Contract Value* |
Clearance Approval Authority |
Noncompetitive > $500M; Competitive > $1B |
DAS(C)/ADAS(C) for Business Clearance Only (see paragraph (f)(1)(i))
|
> $500K - Noncompetitive < $500M; Competitive < $1B |
AFRC/A7K |
SUBPART 5304.1 — CONTRACT EXECUTION
5304.101 Contracting Officer’s Signature
Contracting Officers shall manually sign via wet signature all contract actions and ensure contractor signatures are obtained. A scanned signature page for all contract actions shall be uploaded into Electronic Data Access (EDA).
SUBPART 5304.4 — SAFEGUARDING CLASSIFIED INFORMATION WITHIN INDUSTRY
Justification Value |
Approval Authority |
Delegability |
< $650K |
Chief of the Contracting Office |
Delegable to Contracting Officer, consistent with warrant level |
> $650K <$12.5M |
Procuring Activity
|
Not further delegable |
> $12.5M < $85.5M |
PEO / Head of Procuring Activity / Designated Alternate if they meet the criteria in FAR 6.304(a)(3). If they do not meet the criteria in FAR 6.304(a)(3) = Senior Procurement Executive |
Delegable to Flag / General Officer or civilian SES |
> $85.5M* |
Senior Procurement Executive |
Not further delegable |
* 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.
(4) 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.
(e) Prior to contract award: After a J&A has been approved, but prior to contract award, if the dollar value of the contract is expected to exceed the original J&A approval authority, the contracting officer must submit an amended J&A to the appropriate approving official and obtain approval. Clearly identify the dollar increase from the approved J&A.
(f) After contract award: When a proposed contract action is for new work outside the scope of the original contract, the contracting officer must submit a new J&A as a stand-alone document to the appropriate approving authority based on the dollar value of the contract action for the new work. New work should not commence until the new J&A is approved unless authorized under FAR 6.302-2, Unusual and Compelling Urgency. See AFFARS 5343.102-90 regarding contract scope considerations.
(g) A new J&A is not required for:
(1) a decrease in the dollar value or scope of the effort; or
(2) an increase in the estimated dollar value of in-scope work, except as described in (e) above.
5307.104-92 (b) ASP chairpersons
Acquisition Strategy Panels | |
Acquisition Type |
ASP Chairperson |
ACAT or Special Designated Programs |
See AFI 63-101 |
PEO - Services |
See AFI 63-138 |
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 |
(c) ASP membership and content. The ASP chairperson must determine the panel membership and the required content for each ASP that he/she chairs based on the unique requirements of each acquisition.
(d) ASP minutes. At the conclusion of the ASP, the program manager, contracting officer, or Commodity Council Director must prepare ASP minutes and obtain approval from the ASP Chairperson.
AP Approval | ||
Acquisition Type |
Document |
AP Approval Authority |
PEO – Supplies |
Acquisition Plan |
See AFI 63-101 |
Other Contracting –
|
Acquisition Plan |
MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO) or designee |
Other Contracting –
|
Acquisition Plan |
SDO or designee; when no SDO, the MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO) or designee |
PEO – Services > $10M |
Acquisition Plan |
See AFI 63-138 |
> 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. | ||
See 5306.304 (a) for the approving officials for proposed orders or BPAs using the limited or sole source justification at FAR 8.405-6(a)-(c).
5313.501 Special Documentation Requirements
(a)(2) See 5306.304(a) for the approving officials for acquisitions using the limited or sole source justification at FAR 13.501(a)(2).
5316 |
5316.505(b)(2) - Revised for consistency with approvals in AFFARS 5306.304. |
(b) Orders under multiple award contracts.
(2) See 5306.304 (a) for the approving officials for a proposed task or delivery order using the fair opportunity exceptions at FAR 16.505(b)(2).
5332 |
5332.402(e)(2) - Revised to delete outdated information. |
(e)(2) The contracting officer must submit each advance payment request 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. See MP5332.470 for processing advance payment requests.
MP5301.601(a)(i) |
Revises item #31 for clarity and adds new item #42. |
MP5301.602-2(d) |
Editorial changes to align with CORT Tool processes. |
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(d)(v)(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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1.2 Based upon the CO’s determination of type work/requirement and DFARS PGI 201.602-2, the CO must determine if a COR is (or multiple or alternate CORs are) required to assist in technical monitoring or administration of a contract. If the requiring activity has not initiated a COR nomination request within the DoD CORT Tool, the CO must notify the requiring activity of the need for COR(s) support and must complete and forward a Request for COR Support memorandum to the requiring activity. The COR must file the Contracting Officer’s Request for COR Support memorandum in the “COR Online File (Misc. Section).”
1.3 After receipt of the COR nomination package(s) from the requiring activity via the CORT Tool, the CO must determine if the prospective COR is:
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1.4 The CO must ensure contract-specific training is scheduled and provided to the prospective COR. The training may be conducted by the CO, or the CO’s designee, and must consist of the following at a minimum prior to contract award:
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1.4.8 A template for conducting contract-specific training, which may be tailored to fit your acquisition, can be found at Suggested Contract-Specific Training Syllabus.
1.5 The CO must designate COR(s) via the COR Designation Memorandum (see COR Designation Template), and upload the fully executed COR Designation Memorandum in the CORT Tool. The contractor will be provided a copy of the fully executed COR Designation Memorandum. Distribution of the fully executed COR Designation Memorandum to the COR, COR Supervisor, QAPC, and as applicable, the contract administration office, shall be accomplished via CORT Tool Distribution.
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1.10 In cases where COR performance continues to be poor, the CO must terminate the COR duties (see Termination of COR Designation), and request a COR replacement. The requiring activity must nominate a COR replacement via the CORT Tool to ensure continuous contract monitoring by a qualified individual.
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1.12 When the requiring activity requests termination of COR designation, the CO must terminate the COR designation in writing. The termination of COR Designation must be executed by the CO and acknowledged by the COR and COR supervisor, and uploaded in the CORT Tool. Include the signed Termination of COR Designation memorandum in the official contract file.
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2.2 Initiate request for required COR training/COR refresher training to ensure required training is completed prior to contract award.
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2.5 Establish and maintain a COR file in accordance with DFARS PGI 201.602-2(d)(vi) in the CORT Tool.
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2.8 CORs must not designate or re-delegate COR duties/responsibilities to another individual. Only a CO may designate a COR and delegate duties/responsibilities to a COR.
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2.12 Reference DFARS 201.602-2 and DFARS PGI 201.602-2 for COR responsibilities. Additional COR and COR management responsibilities are addressed in OUSD (AT&L) Memorandum, March 29, 2010, DoD Standard for Certification of Contracting Officer’s Representatives (COR) for Service Acquisitions.
3.0 Quality Assurance Program Coordinator (QAPC)
3.1 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 prior to contract award.
3.2 Assist the CO in providing contract-specific training (to include refresher training) to the COR in accordance with OUSD (AT&L) Memorandum, March 29, 2010, DoD Standard for Certification of Contracting Officer’s Representatives (COR) for Service Acquisitions.
3.3 Maintain the organization’s inputs into the DoD Contracting Officer Representative Tracking (CORT) Tool and may be designated as Department Administrators within the CORT Tool. Duties include maintaining:
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4.0 Qualification Requirements for CORs (Training, Agency Experience, Relevant Technical Experience and General Competencies)
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5.0 Memorandum Templates and Contract Training Syllabus
Request for COR Support Template
COR Designation Template
Termination of COR Designation Template
Suggested Contract-Specific Training Syllabus
COR Nomination Template (used only for classified contracts exempted from the CORT Tool)
MP5301.603 |
2.2.1. and 4.1.1. - Incorporates Policy Memo 14-C-02; 2.9, 3.3.9. and 5. |
2.2.1. AF CO Warrant Tracking Tool. The MAJCOM/DRU/HQ AFICA/AFISRA
SCO (or for AFLCMC and SMC, the SCCO), must designate a FP or designee to oversee the warrant tracking tool. FPs or designees must be trained on use of the AF Contracting Officer Warrant Tracking Tool and are responsible for entering data into the tool for all COs (including CCOs), tracking and managing appointments, uploading SF1402s, and updating the tool based on warrant transfers, suspensions, terminations, and administrative changes to warrants.
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2.9. Biennial Warrant Validations. The appointing authority or designee must review all warrants biennially after January 2012 to validate their necessity and terminate those deemed unnecessary, and to evaluate any warrant limitations for purposes of an individual’s career development. The FP or designee must maintain a record (hard copy or electronic) of these warrant validation results.
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3.3.9. A candidate who fails the COT may retake it at the next offering, if authorized by their immediate supervisor, subject to space availability. If the candidate fails to pass the COT on a second attempt, a six (6) month waiting period applies before retaking the COT. The appointing authority may waive the waiting period when appropriate.
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4.1.1. Air Force Contracting Officer Warrant Tracking Tool Nomenclature. The appointment number nomenclature shall be: Organization-FY-XXXX. The first character designation is the organization. The middle two characters for “FY” denote the fiscal year when the warrant is issued. The FP or designee shall obtain the last four digits of the appointment number from the identification (ID) field of the Air Force Contracting Officer Warrant Tracking Tool (AFCOWTT). For example, in FY14 an ID field number of 2499 would yield an appointment number of AFICA-14-2499 for AFICA; AFMC-14-2499 for AFMC; or SMC-14-2499 for SMC.
(Note: The first character designation is organization dependent.)
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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 the most current SF1402 and up to three (3) past SF1402s 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.
MP5305.303 |
(c)(1)-Editorial change to SAF/LLP contact information. |
(c)
(1) After a 1279 Report has been submitted, report any changes in plans promptly to SAF/LLP.
MP5332.470 |
Revised in its entirety to capture changes in Advance Payment Pool procedures. |
Advance payment requests must be processed as follows:
(1) The responsible contracting officer must compile the advance payment request package in accordance with FAR 32.4 and DFARS 232.4 and submit it to the MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for SMC and AFLCMC, the SCCO) for coordination. The SCO/SCCO must submit the request through SAF/AQC workflow. SAF/AQC forwards the package to SAF/FMPA for review and approval.
(2) SAF/FMPA will evaluate the request to determine if advance payments are justified. Assistance may be solicited from other sources such as contracting officers, auditors, disbursing officers, and, if necessary, field visits to the contractor or institution. For nonprofit educational or research institutions, SAF/FMPA will determine if approved advance payments will be disbursed from an advance payment pool in accordance with DFARS 232.470. When approved, SAF/FMPA will forward the findings, determinations, and authorization for advance payments and/or the advance payment pool agreement to the responsible contracting officer. The contracting officer must ensure all applicable advance payment clauses are incorporated into each contract. The clause at DFARS 252.232-7000, Advance Payment Pool, must be incorporated into each contract that is covered by the agreement.
(3) The Air Force accounting and finance office is responsible for the disbursing functions of the advance payment pool agreement.
MP5332.7 |
Editorial change. |
Release of Solicitations in Advance of Funding Availability
1. Except for solicitations issued in accordance with procedures at FAR 32.703-2, solicitations may be released conditioned on the availability of funds only when using the procedures described in subparagraphs (a), (b), or (c).
MP5333.104 |
MP53331.04(h) - Revised to add updated procedures and a new template. |
(h) Mandatory Stay of Award or Performance
(1) Statutory Requirements (31 USC 3551-3556)
(i) The Air Force must stay award or performance of a contract when notified of a protest at the GAO within 10 days after the date of contract award or within 5 days after the debriefing date offered to an unsuccessful offeror for any debriefing that is requested and, when requested, is required.
(ii) The Air Force can override a stay in appropriate circumstances when it can show a requisite level of harm resulting from a delay of contract award or performance. A challenge to the override decision is brought before the Court of Federal Claims vice GAO.
(iii) HCA Override
(A) The request to the HCA for an override must include the findings required by FAR 33.104(b) or (c) and the information listed in paragraph (h)(3)(ii).
(B) The HCA will make a decision with respect to authorizing award or continued performance within ten days of the protest notification by SAF/AQC. If circumstances change after suspension of contract performance, the contracting officer may initiate a request to continue performance.
(C) The HCA’s decision to override is not effective until a written finding is made and notification of that finding is transmitted to GAO in accordance with FAR 33.104(b)(2) or (c)(3). Notification should include the protestor’s name and the B-number assigned to the protest. Copies of the signed notice and the finding must be sent to SAF/AQC. A copy of the executed override notice must be sent to AFLOA/JAQ who will file the notice at GAO and provide copies to the protester and interested parties, as required by FAR 33.104(d). The finding itself is not sent to GAO, the protester, or interested parties.
(2) Overriding Stay of Award (protest filed before award).
(i) See 5333.104(b)(1) for processing instructions.
(ii) A stay of award may only be overridden by “urgent and compelling circumstances that significantly affect interests of the United States.” These circumstances may include delays, work stoppages, or performance degradations that severely impact mission-critical operations.
(iii) All requests must include facts that establish the urgent and compelling circumstances that significantly affect the interests of the United States. The request must explain, if there is an incumbent, why the incumbent’s contract cannot be extended. The request must explain what other options are available and why those options, if any, are not viable.
(3) Overriding Stay of Performance (protest filed after award).
(i) See 5333.104(c)(2) for processing instructions.
(ii) A stay of performance may only be overridden by urgent and compelling circumstances that significantly affect interests of the United States, or where performance of the contract is in the best interests of the United States.
(iii) See Override D&F Template and Template Guidance
(iv) SAF/AQC may request a briefing on technical and contractual aspects of the solicitation when an override is requested.
