Part 5304 - Administrative Matters
Revised: June 2023
Subpart 5304.1 - CONTRACT EXECUTION
5304.101 Contracting Officer’s Signature
Contracting officers are required to sign all contract actions (either via wet signature, signature as produced by CON-IT, or digital signature produced with a DoD Public Key Infrastructure certificate using a Common Access Card), ensure contractor signatures are obtained, and maintain signed contractual documents within the official contract file.
5304.102 Early Effective Date
1. Approval authority for the use of an early effective date is the chief of the contracting office. After reaching agreement on terms, conditions, price, and if funds are available, the contracting officer may advise a prospective contractor in writing of the Government’s intent to use an effective date before the contract mailing (award/signed) date.
2. Notice to the contractor should state that any costs recognized in a resulting contract should be limited to those allowable, allocable and reasonable; costs that would normally be recognized if incurred after contract award. The Notice to the contractor should state, that if there is no contract, all incurred costs should be at the contractor’s own risk.
3. Approval Authority should provide contractual coverage with a letter contract, or other appropriate undefinitized contractual action, if the Government intends to direct a prospective contractor, to accept benefits of efforts, or make payments before definitive contract mailing date.
4. Approval Authority should obtain legal review for early effective dates established more than 30 days prior to the envisioned contract award date.
Subpart 5304.4 - SAFEGUARDING CLASSIFIED INFORMATION WITHIN INDUSTRY
(a) 32 CFR Part 117 and DAFMAN 16-1406V2, National Industrial Security Program: Industrial Security Procedures for Government Activities, clarify contracting officer responsibilities and provides guidance for implementing the Department of the Air Force’s National Industrial Security Program.
(b) DAFH 16-1406, National Interest Determination Handbook. This instruction clarifies responsibilities and procedures for processing National Interest Determinations (NID).
(c) DAFI 16-701, Management, Administration and Oversight of Special Access Programs, establishes responsibilities for the management, administration and oversight of Special Access Programs. This instruction provides additional guidance for processing AF Special Access Program NIDs.
(d) DAFI 10-701, Operations Security, establishes responsibilities for contracting officers when there are OPSEC requirements on contract.
5304.403 Responsibilities of Contracting Officers
(a) In accordance with the FAR part 4.4, the contracting officer is responsible for reviewing all proposed solicitations to determine whether access to classified information may be required by offerors or by a contractor during contract performance.
(b) Contracting officers will require input and support from program managers, project managers, or other personnel knowledgeable of the contract requirements to perform this responsibility.
i. Verify the vendor’s facility clearance status and safeguarding capability by accessing the National Industrial Security System (NISS), unless otherwise delegated.
ii. Submit a facility clearance sponsorship request to the Defense Counterintelligence and Security Agency (DCSA) using NISS, unless otherwise delegated.
iii. Include the security requirements clause, FAR 52.204-2 and the Department of Defense Contact Security Classification Specification (DD Form 254) if access to classified information is required during the solicitation phase or award phase of a contract.
iv. Ensure the DD Form 254 is properly prepared, reviewed, and coordinated.
v. Serve as the approving official for the DD Form 254, unless otherwise delegated.
vi. Ensure the DD Form 254 is distributed to:
(1) The contractor as part of the contract.
(2) All DCSA field activities listed in blocks 6c, 7c, 8c, and 10 (as applicable).
(3) All host installation Air Force Information Protection Office(s) listed as government performance locations (or Army, Navy, Marine Corps, Coast Guard equivalent where classified performance will occur).
(4) Others in accordance with local DD Form 254 processing procedures.
vii. Within 30 calendar days prior to classified work beginning to all government performance locations:
(1) Ensure the host Installation Commander is aware of the contractor’s presence as a visitor on the installation normally through the installation Information Protection Office when performance is on an Air Force installation at least 30 calendar days in advance.
(2) If the certified DD Form 254 cannot be provided to the installation Information Protection Office at least 30 calendar days in advance due to contract performance commencing in less than 30 calendar days from date of contract award, then the DD Form 254 is to be provided within 72 hours after contract award.
viii. Upon receipt of notification of a contractor security violation from the DCSA, the contracting officer or designee will ensure the owner of the classified information subject to loss, compromise, or suspected compromise (e.g., Original Classification Authority (OCA) or representative) is further notified.
ix. Upon notification of an adverse facility clearance action (e.g. Invalidation/Intent to Revoke) and/or receipt of a contractor being issued a less than satisfactory security review rating issued by DCSA, coordinate all potential contracting actions with the program office and/or affected government customer(s) personnel to ensure vendor mitigates all reported instances of non-compliance with FAR 52.204-2, as applicable.
(d) National Interest Determination (NID)
i. As of 1 October 2020, in accordance with Public Law 115-232, John S. McCain National Defense Authorization Act for Fiscal Year 2019, Section 842, “Removal of National Interest Determination Requirements for Certain Entities,” August 13, 2018:
(1) NIDs are no longer required for National Technology and Industrial Base foreign ownership entities that require access to proscribed information and under Special Security Agreements to mitigate the foreign ownership, control, or influence.
(2) If necessary, contact the servicing Information Protection Office to verify if a NID is required prior to submitting a NID request.
ii. Upon receiving adequate written justification from the requesting program office or activity, the contracting officer reviews, validates, and processes the NID request and associated written approvals/documentation, in accordance with AFH 16-1406, National Interest Determination Handbook
iii. The contracting officer shall maintain a copy of the approved program, project, or contract specific NID package in the contract file.
5304.404-90 Additional Contract Clauses
The contracting officer must insert the clause at DAFFARS 5352.204-9000, Notification of Government Security Activities, in solicitations and contracts which require a DD Form 254 for performance on U.S. Government installations and overseas. The contracting officer may change the number of days specified in DAFFARS 5352.204-9000(a). If less than thirty days is used, coordinate with the servicing information protection office.
Subpart 5304.6 - CONTRACT REPORTING
COVID -19 and CARES Act Related Actions
5304.604 (2) Responsibilities
Immediately subsequent, to each contract action, the contracting officer may reference the CAR approval date in the official contract file.
Subpart 5304.8 - GOVERNMENT CONTRACT FILES
5304.802 (f) Electronic Retention of Contract Files
Contracting offices using KT Fileshare (KTFS) shall use it as both the working and official file, per FAR 4.802(c)(3). It shall be used to create, modify, store, access, and route documents necessary to manage the acquisition process for review and approval, over the life of the entire acquisition lifecycle, (e.g. requirements development to contract closeout.) Contracting Officers shall ensure that KTFS contains all appropriate contract documents required for the official contract file. If a contract document is maintained within the Procurement Integrated Enterprise Environment (PIEE, https://wawf.eb.mil/ ), within Electronic Document Access (EDA), or the Federal Procurement Data System (FPDS) then that system is the official system of record; contracting officers are not required to duplicate the document in KTFS, unless the contracting office determines an exception applies to ensure ready accessibility to principal users (e.g., clearance reviewers, auditors) per FAR 4.802(c)(2). Examples of such exceptions, which shall be included in KTFS, include Award Documents, and copies of Government-Furnished (GFP) attachments. However, contracting officers should add screenshots of system of record documents (Reps/Certs, SAM/FAPIIS, etc.) that are dynamic/overwritten to reflect status at time of contract action. In addition, KTFS shall not be used to store documents that are not required to be part of the contract file such as CDRL submittals and annual CPARS reports.
5304.803 Contents of Contract Files
If contracting offices are not using KTFS and maintain hard copy official contract files, SCOs may use the Air Force contract file content index templates below, or their own specific contract file content checklist or index to maintain contract files:
5304.804 Expedite Contract Closeout.
Contracting officers shall use the clause at DFARS 252.204-7022, Expediting Contract Closeout, in all solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial products and commercial services.
Subpart 5304.10 - UNIFORM USE OF LINE ITEMS
(c) The contracting officer should refer to the Standard Operating Procedure (SOP) for Internal Use Software (IUS) Accountability found in DAFMAN 17-1203 https://static.e-publishing.af.mil/production/1/saf_cio_a6/publication/afman17-1203/afman17-1203.pdf when an IUS is identified by the requiring activity.
Use the letter "K" in the second position of the supplementary PII number for PIOs unless separately identified below: DFARS 204.1603
L -- AFSC/Tinker
M -- AFSC/Hill OL
Q -- AFSC/Robins OL
(c)(3)(iii)(90) Procurements which are completely administered by the purchasing office should use normal modification numbering procedures for amended shipping instructions (ASIs). All other procurements should use the letter "T" in the second position of the supplementary PII number for ASIs unless separately identified below: DFARS 204.1603
V-- AFSC/Hill OL
Y-- AFSC/Robins OL
Subpart 5304.70 - UNIFORM PROCUREMENT INSTRUMENT IDENTIFICATION NUMBERS
5304.7003-90 Maintaining DoD Activity Address Codes (DoDAAC)
The contracting officer administering the contract must obtain a contractor DoDAAC (see DAFMAN 23-230, Maintaining Air Force DoD Activity Address Codes (DoDAAC)) for contracts that furnish Government property or authorize requisition from a Government supply source. The contracting officer administering the contract must provide the DoDAAC to the program management office/requiring activity to facilitate the shipment of government furnished property. The Purpose Code Management module contained within Procurement Integrated Enterprise Environment (PIEE) must be used to:
(a) Obtain the existing DoDAAC or submit a new DoDAAC request for all contracts awarded;
(b) Initiate contractor DoDAAC account changes, including extensions of contract completion dates and contract terminations;
(c) Initiate contractor DoDAAC deletion when the contract is physically complete, unless the DoDAAC covers other active contracts; and,
(d) Validate contractor DoDAACs in accordance with DAFMAN 23-230, paragraph 4.2.
Subpart 5304.71 - [RESERVED]
5304.7103-1-90 Criteria for Establishing
Exchangeable repair contracts with provisions for modifications require specific CLIN structures when there are multiple output national stock numbers permitted. Whenever a family of part numbers may be input under a specific repair and modification CLIN and the output parts may have different NSNs, then each output NSN should have a separate subCLIN. This will permit assigning a completion date to specific reparable for delivery schedule tracking purposes.