An official website of the United States Government
afac2012-0104
AFAC
Air Force Acquisition Circular (AFAC) 2012-0104
FOR ADDITIONAL INFORMATION CONTACT:
SAF/AQCP, 1060 Air Force Pentagon, Washington, DC 20330-1060, (571) 256-2408
SUMMARY OF CHANGES
Note: “*****” below indicates that text is omitted for the purpose of brevity.
PART 5301
Federal Acquisition Regulations System
[Revised January 4, 2012]
*****
(a) Individuals selected for contracting officer appointments shall be limited to military personnel in Air Force Specialty Codes (AFSCs) 64PX or 6C0X1 and civilians in the GS-1102 or equivalent local national occupational series possessing an Intermediate (Level II) or Advanced (Level III) Acquisition Professional Development Program (APDP) certification in contracting who occupy a manning authorization listed under these specialty codes, except as otherwise authorized below.
(b) A member of the contingency contracting force in AFSC 6C0X1 who does not possess a baccalaureate degree from an accredited educational institution may be nominated, evaluated, and selected for a limited home station warrant in accordance with this section and MP5301.603:
(1) Warrants for less than or equal to the simplified acquisition threshold (SAT) require at least one year of contracting experience and a 3-skill level.
(2) Warrants above the SAT to less than $5M require a minimum 5-skill level, and a Level I or higher APDP certification in contracting.
(c) Military personnel in AFSC 64PX and civilians in the GS-1102 or equivalent local national occupational series who occupy a manning authorization listed under these specialty codes and who possess a Level I APDP certification in contracting may only be selected for limited warrants for amounts less than $5M. Those contracting personnel who do not possess a Level I APDP certification in contracting (including Purchasing Agents in the GS-1105 series) may, with at least one year of contracting experience, be selected for limited warrants for amounts less than or equal to the SAT.
(d) For warrants above the SAT, local nationals (in an equivalent occupational series to GS-1102) shall be held to the same qualification requirements (i.e., contracting coursework and experience, formal education, including 24-semester credit hours in business disciplines, APDP certification in contracting) as members of the AT&L workforce.
*****
PART 5301
Federal Acquisition Regulations System
[Revised January 4, 2012]
*****
5301.670 Appointment of property administrators and plant clearance officers
(a) When the Air Force retains contract administration, the SCCO or COCO shall select, appoint, or terminate (in writing) property administrators and plant clearance officers.
*****
[Revised January 4, 2012]
*****
*****
PART 5306
Competition Requirements
[Revised January 4, 2012]
*****
5306.501 Requirement
The Air Force competition advocacy program is based on the authority provided by HAF MD 1-10, 8 Apr 09. The Deputy Assistant Secretary (Contracting) is designated as the 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). These organizations are authorized to further designate subordinate organizations as “procuring activities” subject to the requirements of FAR 6.501 and MP5306.502, Air Force Competition and Commercial Advocacy.
*****
MP5306.502
Air Force Competition and Commercial Advocacy Program
[Revised January 4, 2012]
This Mandatory Procedure (MP) implements AFPD 63-3, Competition and Commercial Advocacy. AFPD 63-3 implements Title 41, United States Code 418. This MP provides guidance and procedures for personnel implementing the Air Force Competition and Commercial Advocacy Program.
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, AFISRA and any subordinate Competition and Commercial Advocate(s) must:
1.1. Have extensive qualifications and knowledge of the types of acquisitions of the activity.
1.2. Be in a position level commensurate in grade or rank with the senior level program, product, or laboratory personnel with whom the advocate interacts.
1.3. Have direct access to the MAJCOM/DRU/AFISRA 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.
2. Roles and Responsibilities. In addition to the roles and responsibilities identified at FAR 6.502, Air Force Competition and Commercial Advocates must perform the roles and responsibilities identified below.
2.1. Support the Air Force Competition Advocate General in formulating, managing, and providing oversight of the Air Force Competition and Commercial Advocacy Program. As required, participate in Air Force Competition and Commercial Advocate meetings in support of the DoD Competition Advocate quarterly meetings.
2.2. Promote commercial practices and competition in acquisition programs managed by their MAJCOM/DRU/AFISRA. 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 (see Note below), 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 to aid in the development of a MAJCOM/DRU/AFISRA contracting competition report and to monitor competition performance throughout the year. The tool is available via the following link: https://www.afcontracting.hq.af.mil/competition_reporting/
Note: See definition provided in OUSD/AT&L DPAP Memo dated 17 Dec 2010.
(http://www.acq.osd.mil/dpap/ops/policy_vault_archive.html)
2.3. Ensure the organization’s policies and procedures encourage full and open competition whenever possible, including effective competition, and promote the use of commercial procedures. Review acquisition planning documents, and ensure market research demonstrates that competitive and commercial opportunities were considered.
2.4. Participate in acquisition strategy planning through forums such as the Acquisition Strategy Panel process.
2.5. The Competition Advocate General shall establish MAJCOM/DRU/AFISRA competition and effective competition goals using the OUSD (AT&L) DPAP assigned goal for the Air Force as a baseline. The MAJCOM/DRU/AFISRA 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/AFISRA 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/AFISRA.
2.8. Stress the need for contracting professionals to complete the Defense Acquisition University (DAU) Continuous Learning Module (CLM), Continuous Learning Contracts (CLC) 055, “Competition Requirements for DoD Acquisition” Defense Acquisition Continuous Learning training.
2.9. Convey to program managers, contracting personnel, and senior leaders the advantages of full and open and effective competition and communicate success stories. Assist contracting officers in doing the same. To assist the Competition Advocate in training acquisition customers, the Competition and Commercial Advocate, OUSD(AT&L) DPAP developed a competition training template that can be tailored to the needs of the individuals being trained. The training is located at the DPAP website, Contract Policy, Competition, Training – Competition Requirements for DoD Acquisition (http://www.acq.osd.mil/dpap/cpic/cp/docs/training.ppt).
2.10. Identify potential for full and open competition and effective competition and commercial opportunities through the Justification and Approval (J&A) and acquisition planning document review process. Review and approve J&As and fair opportunity justifications in accordance with MP5306.304 and AFFARS 5308.405-6(h).
2.11. Work with government and industry to investigate and eliminate barriers to competition and the acquisition of commercial items.
2.12. The MAJCOM/DRU/AFISRA Competition and Commercial Advocate shall 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/AFISRA. The activities’ Competition and Commercial Program shall meet the oversight and management and reporting requirements identified throughout this MP.
2.14. Ensure that requirements are stated in the least restrictive manner to allow for effective competition and the use of commercial practices.
2.15. Review and provide appropriate comments on determinations made in accordance with FAR 9.202(b) that it would be unreasonable to specify the standards for qualification that a potential offeror (or its product) must satisfy in order to meet established qualification requirements.
2.16. Prepare and submit an annual competition and commercial report in accordance with FAR 6.502(b)(2) and Paragraph 5 of this MP.
3. Appointment of the Competition and Commercial Advocate.
3.1. MAJCOM/DRU/AFISRA Competition and Commercial Advocate Appointments.
3.1.1. MAJCOM/DRU/AFISRA Commanders shall nominate a MAJCOM/ DRU/AFISRA Competition and Commercial Advocate and alternate to the Competition Advocate General. Attachment 1 provides a template for the nomination memo of the Competition and Commercial Advocate or alternate. The nomination package shall be emailed to the appropriate SAF/AQCP Competition POC and shall include, at a minimum, the following information:
3.1.1.1. Procurement Activity
3.1.1.2. Office symbol
3.1.1.3. Primary and/or alternate nomination
3.1.1.4. E-mail address of the Competition and Commercial Advocate nominated and/or alternate
3.1.1.5. Name of the Competition and Commercial Advocate or alternate
3.1.1.6. Telephone number of the Competition and Commercial Advocate or alternate
3.1.1.7. A candidate resume
3.1.1.8. POC and telephone number for questions
3.1.2. The Competition Advocate General shall appoint MAJCOM/DRU/AFISRA Competition and Commercial Advocates and alternates via certificate.
3.1.3.Competition and Commercial Advocates shall update the POCs - MAJCOMs listing at https://cs.eis.af.mil/airforcecontracting/knowledge_center/Pages/defaul….
3.2. Installation/Center/Wing* Competition and Commercial Advocate Appointments.
* Applicable to AFRC, ACC and AFISRA only.
3.2.1. The Installation/Center/Wing Commander shall nominate the Installation/Center/Wing Competition and Commercial Advocate or alternate using the nomination package in paragraph 3.1.1 above, and forward the package to the MAJCOM/DRU/AFISRA Competition and Commercial Advocate.
3.2.2. The MAJCOM/DRU/AFISRA Competition and Commercial Advocate shall appoint the Installation/Center/Wing Competition and Commercial Advocate or alternate via memo (see Attachment 2 for sample). The MAJCOM/DRU/AFISRA Competition and Commercial Advocate shall sign the letter and return it to the Installation/ /Center/Wing Commander for presentation to the Competition and Commercial Advocate.
3.2.3. The name and telephone number of the Installation/Center/Wing Competition and Commercial Advocate, MAJCOM/DRU/AFISRA Competition and Commercial Advocate, and Air Force Competition Advocate General shall be located in a prominent location in each unit. A poster template is located in the AFFARS Library, Part 5306.
4. Annual Competition and Commercial Reporting Requirements.
4.1. In accordance with paragraph 5.1.2.1, MAJCOM/DRU/AFISRA Competition and Commercial Advocates shall prepare and submit an annual competition and commercial report to the Competition Advocate General via SAF/AQCP POC by 15 December of each calendar year, unless directed otherwise.
4.1.1. The data included in the MAJCOM/DRU/AFISRA competition and commercial report shall be obtained from the Competition Based on Obligations report, or its equivalent and Ad Hoc reports of the Federal Procurement Data System (FPDS) at https://www.fpds.gov/. 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) (2)(i-vii), the MAJCOM/DRU/AFISRA competition and commercial report will include the additional reporting requirements outlined below.
4.1.2.1. The Competition Advocate is responsible for submitting an annual competition and commercial report using the Air Force Competition and Commercial Trend Analysis Tool, located at https://www.afcontracting.hq.af.mil/competition_reporting/ to the Competition Advocate General. This site includes instructions for collecting data from FPDS standard and ad hoc reports. FPDS is the source for all Air Force Competition and Commercial Program reporting requirements. The reporting requirements include competition, effective competition, task and delivery orders greater than one million dollars, fair opportunity, commercial acquisitions, and other reporting requirements as indicated in the Air Force Competition and Commercial Trend Analysis Tool. Attachment 3 provides a sample memo for notifying SAF/AQCP of report completion; however, the use of this memo is optional.
4.1.2.2. MAJCOM/DRU/AFISRA proposed competition and effective competition goals and plans for achievement shall be included in the annual report.
Attachment 1
Air Force Competition and Commercial Advocate Nomination Memo
LETTERHEAD
MEMORANDUM FOR
Attn:
FROM:
SUBJECT: Competition and Commercial Advocate/Alternate Nomination
1. Pursuant to MP5306.502, Air Force Competition and Commercial Advocacy Program, subject nominations of primary and alternate Competition and Commercial Advocate assigned to ______________________________________________ are:
Primary: Procurement Activity (MAJCOM/AFISRA/DRU/Installation /Center/Wing)
Office Symbol
Full Name
E-mail address
Telephone Number
Alternate: Office Symbol
Full Name
E-mail address
Telephone Number
2. The nominee’s resume at attachment _____ demonstrates the candidate meets the qualifications
3. This letter supersedes the memo dated _________________, subject as above.
4. Please direct questions regarding this nomination to ________________________________, at DSN __________________.
SIGNATURE BLOCK
Attachment:
Resume
cc:
Attachment 2
Air Force Competition and Commercial Advocate Appointment Memo
MEMORANDUM FOR
FROM:
SUBJECT: Appointment of Competition and Commercial Advocate (or Alternate)
1. As Competition and Commercial Advocate for _______________________, I hereby appoint __________________________ as the Competition and Commercial Advocate (or Alternate) for ___________________________. This appointment is in accordance with AFFARS Mandatory Procedures (MP) 5306.502, Air Force Competition and Commercial Advocacy Program.
2. For further information concerning this appointment, you may contact [INSERT NAME, OFFICE SYMBOL AND PHONE NUMBER].
SIGNATURE BLOCK
Attachment 3
Air Force Competition and Commercial Report Cover Memo
LETTERHEAD
MEMORANDUM FOR SAF/AQCP
FROM:
SUBJECT: MAJCOM/FOA/DRU Fiscal Year (FY) __ Competition and Commercial Report
1. In accordance with MP5306.502, Competition and Commercial Advocacy Program, the FY_____ Competition and Commercial Report has been completed and may be accessed via the Air Force Competition and Commercial Trend Analysis Tool
2. The report supports a recommended competition goal of ____ percent for FY___. This recommendation represents a ____ percentage increase/decrease. (Include rationale for the increase or decrease in the competition goal within this paragraph.)
3. Please refer questions to ______________________________, DSN ___________________.
COMPETITION ADVOCATE
SIGNATURE BLOCK
IV |
5390: Deleted because there is no Air Force content and no associated FAR or DFARS numbering convention. |
V |
Appendix AA: Deleted because there is no Air Force content and no associated FAR or DFARS numbering convention. |
VI |
Appendix BB: Deleted because there is no Air Force content and no associated FAR or DFARS numbering convention. |
VII |
Appendix DD: Deleted because there is no Air Force content and no associated FAR or DFARS numbering convention. |
VIII |
MP5332.7: Updates Mandatory Procedure for Contract Funding by incorporating Policy Memo 11-C-05, Release of Requests for Proposals (RFPs) in Advance of Investment Funding Availability. |
MP5332.7
Contract Funding
Release of Requests for Proposals (RFPs) in Advance of Funding Availability
1. Except for solicitations issued in accordance with procedures at FAR 32.703-2, a Request for Proposal (RFP) may be released, conditioned on the availability of funds only when using the procedures described in subparagraphs (a), (b), or (c) below. The following statement must be included in any such solicitation: “Notice to Offeror(s)/Supplier(s): Funds are not presently available for this effort. No award will be made under this solicitation until funds are available. The Government reserves the right to cancel this solicitation, either before or after the closing date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse an offeror for any costs.”
(a) When the resulting contract is to be funded by Procurement or Research, Development, Test, and Evaluation, Appropriations, and the program/requirement has been included in the President’s budget as submitted to Congress. In these instances, the program manager shall provide the contracting officer a written statement (coordinated with FM at the Center level (or equivalent)) or as delegated to FM Organizational Senior Functional (OSF) that these investment funds will be used for the proposed acquisition and although not presently available, a reasonable expectation exists that funding will be authorized and available upon enactment of the Authorization and Appropriations Acts.
(b) Solicitations for programs funded by the National Guard and Reserve Equipment Account when the Defense Appropriations Act is signed into law, for the Air National Guard Bureau and/or Air Force Reserve Command provided the Air National Guard or Reserve program manager confirms that funds have been identified for the acquisition.
(c) For solicitations funded by annual appropriations when the MAJCOMs/DRU 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.
