afac2003-0501

AFAC 1May03

Air Force Acquisition Circular (AFAC) 2003-0501

1 May 2003

FOR ADDITIONAL INFORMATION CONTACT: SAF/AQCP, 1060 Air Force Pentagon, Washington, DC 20330-1060, (703) 588-7058.

Summary of Changes

Item Subpart - Reason for Change

I 5333.104-90 and 5333.190 - Revised to change references from SAF/GCQ to AFLSA/JACN and reflect the use of the AF Protest Guide is mandatory.

II 5333.293(a) - Clerical revision to change wording of "liaison" to "counsel."

III 5323.9191 and 5352.223-9101 - Clerical change in prescribed clause number from 5352.223-9101 to 5352.223-9003.

IV 5305.303, 5306.303-1, and 5317.191 - Revised to reflect that use of the referenced Air Force Guides (the Presolicitation Notices and 1279 Reporting Guide and the Developing and Processing Justification and Approval (J&A) Documents Guide) are mandatory.

V 5301.603-2-90 - Revised to clarify the intent of the paragraph by replacing the word "commodity" with "supplies, equipment and/or non-personal services, to include construction."

VI CC-502-1(d)(2) - Revised to remove the words "contracts or."

VII 5307.104-90 - Revised to clarify that program managers, if assigned, are resposible for conducting ASPs.

VIII 5301.601-90 - Addition of section to address the Contracting Assessment Program (CAP) and the objectives of a Procurement Management Assessment (PMA).

IX 5301.601 - Revised to clarify that DAS(C) is the HCA for component commands during JCS declared contingency operations or exercises.

Note: "*****" below indicates that text is omitted.

AFAC Changes

I 5333.104-90 and 5333.190 - Revised to change references from SAF/GCQ to AFLSA/JACN and reflect the use of the AF Protest Guide is mandatory.

Supplementary information about the change: Effective 1 May 2003, Air Force Legal Services Agency (AFLSA/JACN) replaces SAF/GCQ in representing the Air Force on GAO and Court of Federal Claims protests. SAF/AQC's AF Protest Guide has also been updated to reflect this change-The guide can be accessed on the "Contracting Tookit" at http://www.safaq.hq.af.mil/contracting/toolkit/part33/.

5333.103-90 Protests to the agency.

(a) The contracting officer shall prepare the response to an agency level protest (including a protest of a non-appropriated funds procurement). The contracting officer shall prepare the agency report using the procedures contained in the Air Force Guide to Protests before the GAO.. Compliance with the procedures in this Air Force Guide is mandatory. Access the guide in the SAF/AQC "Contracting Tookit" at: http://www.safaq.hq.af.mil/contracting/toolkit/part33/. The contracting officer shall request guidance from SAF/AQCX for any protest likely to generate significant Congressional interest.

(b) The contracting officer is authorized to designate the official(s) who are to conduct the independent review in accordance with FAR 33.103(d)(4).

(c) If a protest is filed before award, the contracting activity shall not make award until a decision on the protest has been issued.

(d) The decision to deny a protest shall be made at a level no lower than that at which the protest was filed. Protests may be sustained at any level in the review process, with the concurrence of the cognizant legal office.

5333.104-90 Protests to GAO.

(a) General. The Commercial Litigation Division of the Air Force Legal Services Agency (AFLSA/JACN) represents the Air Force in GAO protests when a protester is represented by an attorney or at the request of SAF/AQCX. SAF/AQCX is the Air Force point of contact with the GAO in all other GAO protests. The contracting officer shall send any communication to the GAO through SAF/AQCX or AFLSA/JACN and forward any inquiry received from an attorney representing a protestor or interested party to SAF/AQCX or AFLSA/JACN. The contracting officer shall follow the procedures contained in the Air Force Guide to Protests before the GAO. Compliance with the procedures in this Air Force Guide is mandatory. Access the guide in the SAF/AQC "Contracting Tookit" at: http://www.safaq.hq.af.mil/contracting/toolkit/part33/.

(b) Mandatory stay of award or performance.

(1) A request to override a stay of award or performance must be signed by a general officer/member of the senior executive service or, if not available, by the installation commander or deputy. The request shall include the findings required by FAR 33.104(b) or (c), and the information listed in paragraph (h)(4)(i) of the Air Force Guide to Protests before the GAO. The request shall be forwarded concurrently to the HCA and SAF/AQCX within seven days of the protest notification by SAF/AQCX.

(2) The HCA shall make a decision with respect to authorizing award or continued performance within ten days of the protest notification by SAF/AQCX. If circumstances change after suspension of contract performance, the contracting officer may initiate a request to continue performance.

(c) Corrective action. Within 5 days of a decision to take corrective action (either voluntary or as recommended by the GAO), the contracting officer shall provide a corrective action plan to SAF/AQCX and AFLSA/JACN. The contracting officer shall notify SAF/AQCX and AFLSA/JACN 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.

5333.190 Protests to the Court of Federal Claims.

(a) The Department of Justice represents the Air Force in protests filed at the Court of Federal Claims (COFC).

(b) The contracting officer shall inform AFLSA/JACN of any notice of protest at the COFC and provide support as requested by AFLSA/JACN.

II 5333.293(a) - Clerical revision to change wording of "liaison" to "counsel."

Supplementary information about the change: None.

5333.293 Appeals to the United States Court of Federal Claims.

(a) The Department of Justice represents the Air Force in appeals brought before the United States Court of Federal Claims. The Commercial Litigation Division of the Air Force Legal Services Agency (AFLSA/JACN) serves as the Air Force counsel with the Department of Justice in such appeals.

(b) The contracting officer shall notify the cognizant legal office of any notice of appeal to the United States Court of Federal Claims. The cognizant legal office shall forward a copy of the notice to SAF/GCD and AFLSA/JACN.

III 5323.9191 and 5352.223-9101 - Clerical change in prescribed clause number from 5352.223-9101 to 5352.223-9003.

Supplementary information about the change: None

5323.9101 Enhanced Security of Products.

When the Program Management Directive (PMD) requires enhanced security measures to ensure the protection of a specific product, the program manager, using the guidelines in AFI 31-703 (to be replaced by AFP 63-1701) and with the assistance of the supporting security organization will provide enhanced security requirements to the contracting officer. The contracting officer shall include the clause at 5352.223-9003, Enhanced Security of Products, in Section I.

5352.223-9003 Enhanced Security of Products

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Supplementary information about the change: None.

5305.303 Announcement of contract awards.

(a) Public Announcement. Information on awards shall not be released and awards shall not be made until after the agency announces the award.

(i) The requirement for public announcement and Congressional notification of contract awards also applies to other transactions, grants and cooperative agreements.

(ii) The contracting officer shall submit the 1279 report to SAF/LLP by close of business three workdays before the date of the proposed contract award. Contracting officers should consider submitting the report even earlier. SAF/LLP is authorized to shorten the three-day advance notification requirement based on a request by the contracting officer. Compliance with the 1279 reporting requirements in the Air Force Guide, Presolicitation Notices and 1279 Reporting, is mandatory. Access the guide in the SAF/AQC "Contracting Tookit" at: http://www.safaq.hq.af.mil/contracting/toolkit/part05/.

5306.303-1 Requirements.

(d) The contracting officer shall forward a copy of the approved Justification and Approval (J&A) to SAF/AQCK. SAF/AQCK will forward the J&A to Office of the United States Trade Representative in order to comply with the requirement at FAR 6.303-1(d). Compliance with the Air Force Guide, Developing and Processing Justification and Approval (J&A) Documents, is mandatory. Access the guide in the SAF/AQC "Contracting Tookit" at: http://www.safaq.hq.af.mil/contracting/toolkit/part06/.

5317.191 Congressional notification.

Contracting officers shall use the Air Force Guide's 1279 report format in order to prepare reports of intent to award a multi-year contract. This Congressional notification does not fulfill the requirement to announce contract awards in accordance with FAR Subpart 5.3, as supplemented. Compliance with the 1279 reporting requirements in the Air Force Guide, Presolicitation Notices and 1279 Reporting, is mandatory. Access the guide in the SAF/AQC "Contracting Tookit" at: http://www.safaq.hq.af.mil/contracting/toolkit/part05/.

******

V 5301.603-2-90 - Revised to clarify the intent of the paragraph by replacing the word "commodity" with "supplies, equipment and/or non-personal services, to include construction."

Supplementary information about the change: None.

5301.603-2-90 Selection.

*****

(c) Non-contracting personnel, such as transportation personnel, medical supply personnel, librarians, and chiefs of construction management, may only be issued limited warrants for amounts less than or equal to the simplified acquisition threshold (SAT) provided:

(1) The warrant specifies a dollar limit per transaction; the method(s)of award; and the supplies, equipment and/or non-personal services, to include construction, related to the individual's specialty that may be procured. For example, librarians may buy books , but not construction materials or services; and,

(2) Personnel have completed training appropriate to the type of instrument and level of responsibility delegated.

VI CC-502-1(d)(2) - Revised to remove the words "contracts or."

Supplementary information about the change: None.

CC-502-1

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(d) Host Nation Support Agreements.

(1) For contingency and exercise operations in a foreign country, a Host Nation Support Agreement (i.e., National Atlantic Treaty Organization (NATO) Mutual Support Agreement), Status of Forces Agreement, Assistance in Kind Agreements, or Acquisition Cross-Servicing Agreements may exist. These agreements normally are negotiated through the U.S. State Department to provide host nation support for deployed U.S. forces during a contingency operation. Support items under these agreements may include:

(i) Billeting;

(ii) Food, water, and ice;

(iii) Ground fuel;

(iv) Transportation; and

(v) Utilities (i.e., electricity or communications).

(2) Deployed CCOs do not have the authority to enter into agreements with foreign governments. If an agreement is already in existence, the CCO may obtain authority through the HCA designee to the CINC's Host Nation Support Office to write priced delivery orders against them. However, if an agreement is needed, the CCO may request the establishment of an agreement.

VII 5307.104-90 - Revised to clarify that program managers, if assigned, are resposible for conducting ASPs.

Supplementary information about the change: None.

5307.104-90 Acquisition Strategy Panels (ASPs).

(a) General requirements.

(1) The program manager, or the contracting officer if a program manager is not assigned, shall conduct an ASP for all ACAT programs and AFPEO/SV acquisitions. The ASP chairperson has the authority to waive the requirement for an ASP.

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VIII 5301.601-90 - Addition of section to address the Contracting Assessment Program (CAP) and the objectives of a Procurement Management Assessment (PMA).

Supplementary information about the change: None.

5301.601-90 Contracting Assessment Program (CAP).

SAF/AQC conducts annual assessments of the Air Force's contracting system. A principal element of this program is a Procurement Management Assessment (PMA) having three primary objectives:

(a) Review contracting operations in order to: (1) evaluate leadership practices; (2) assess customer support/satisfaction; (3) assess the degree of sound business judgment exercised; (4) determine if SAF/AQC policy emphasis areas are managed and executed properly; and (5) ensure contracting standards, policies, and procedures, conform to Federal, DoD, and Air Force expectations.

(b) Collect feedback on the effectiveness and efficiency of current contracting policy.

Additional CAP information and past PMA results are posted at: http://www.safaq.hq.af.mil/contracting/CAP/index.htm.

IX 5301.601 - Revised to clarify that DAS(C) is the HCA for component commands during JCS declared contingency operations or exercises.

Supplementary information about the change: None.

5301.601 General.

(a)(i) Heads of Contracting Activities (HCAs).

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(D) DAS(C) is the HCA for Air Force component commands tasked to support a "supported commander" during JCS declared contingency operations or exercises (See Part CC-2 of Appendix CC).

FAR

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