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afac2005-0209

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AFAC 2005-0209

Air Force Acquisition Circular (AFAC) 2005-0209

9 FEB 2005

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

5307.170-3 - Incorporate Contracting Policy Memo 04-C-08, Delegation of Senior Procurement Executive (SPE) Determination Concerning Consolidation of Contract Requirements (DFARS 207.170-3(a)(3))

II

5306.304 - Increase dollar threshold for SPE Justification & Approval (J&A) authority from $50M to $75M

III

5315.3 - Update MP5315.3, Source Selection

(1) Incorporate adjectival rating to characterize risk for the Cost/Price factor

(2) Add index

IV

5307.104-90(b)(1) - Implement two-phase approach for ACAT I and special interest program Acquisition Strategy Panels (ASPs)

V

Appendix CC - Add definitions for Micro-purchase and Micro-purchase Threshold, update definition for Simplified Acquisition Threshold, and make clerical changes

VI

5315.403-1 - Incorporate Contracting Policy Memo 03-C-08, Exceptions and Waivers to the Truth in Negotiations Act, and new Mandatory Procedures 5315.403-1, Prohibition on Obtaining Cost or Pricing Data

VII

5307.105(a)(4) - Define acquisition plan requirements for services acquisitions

VIII

5315.305 - Incorporate language from existing Air Force Proposal Analysis Report (PAR) Guide as Informational Guidance (IG) 5315.305, Proposal Analysis Report (PAR) Guide

IX

5315.303 - Designate Source Selection Authority (SSA) for A-76 competitions.

Note: “*****” below indicates that text is omitted.

Red font which is underlined indicates language that is being added.

Red font which is crossed out indicates language that is being deleted.

AFAC Changes

I

5307.170-3 - Incorporate Contracting Policy Memo 04-C-08, Delegation of Senior Procurement Executive (SPE) Determination Concerning Consolidation of Contract Requirements (DFARS 207.170-3(a)(3))

Supplementary information about the change: None.

5307.170-3 Policy and procedures

(a)(3)(i) The SPE has delegated the authority to make the consolidation determination for actions exceeding $5 million, and less than $100 million to the Head of the Contracting Activity.

(ii) The SPE has delegated the authority to make the consolidation determination for actions exceeding $100 million to the Deputy Assistant Secretary (Contracting) and the Associate Deputy Assistant Secretary (Contracting).

(iii) The determination shall include the acquisition strategy information required in DFARS 207.170-3.

(iv) The determination may be included in a Single Acquisition Management Plan, Commodity Acquisition Management Plan, or Acquisition Plan when SAF/AQC coordination is required as part of the approval process. When preparing these documents clearly identify the consolidation determination. Coordination on such documents by the Deputy Assistant Secretary (Contracting) or Associate Deputy Assistant Secretary (Contracting) is approval of the required documentation. For all other consolidation determinations requiring DAS(C) or ADAS(C) approval, prepare a separate Determinations and Findings. ]

II

5306.304 - Increase dollar threshold for SPE Justification & Approval (J&A) authority from $50M to $75M

Supplementary information about the change: Section 822 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 increases the dollar threshold for certain J&A authority. Effective 24 Nov 04, SPE approval is required only for a J&A for a proposed contract in excess of $75M. (Reference DPAP/P Memo, Immediate Increase in the Dollar Threshold for Simplified Acquisition Procedures and in the Dollar Threshold for Senior Procurement Executive Approval of Justifications and Approvals, dated 24 Nov 04)

5306.304 Approval of the justification.

(a)(3) For PEO programs and acquisitions, the PEO is the J&A approval authority for J&As over $10M but not exceeding $75M. If a PEO, head of a procuring activity, or their designated alternate(s) does not meet the criteria of FAR 6.304(a)(3), the J&A approval authority for J&As over $10M but not exceeding $75M is the Senior Procurement Executive (SPE). This approval authority may be delegated to an individual who meets the FAR 6.304(a)(3) criteria. See the Mandatory Procedures at MP5306.3 for additional direction on approval of J&As.

III

5315.3 - Update MP5315.3, Source Selection

(1) Incorporate adjectival rating to characterize risk for the Cost/Price factor

(2) Add index

Supplementary information about the change: Incorporates adjectival rating to characterize risk for the Cost/Price factor when the Source Selection team develops a probable cost/price estimate of an offerors proposal per ASAF(A) direction. This will be mandatory for ACAT programs whose source selection plans are approved after 1 Mar 05. For non-ACAT acquisitions when a government probable cost/price analysis is conducted, a risk rating may be assigned to the cost/price factor at the discretion of the SSA. There are no changes to AFFARS 5315.3.

IV

5307.104-90(b)(1) - Implement two-phase approach for ACAT I and special interest program Acquisition Strategy Panels (ASPs)

Supplementary information about the change: None.

5307.104-90 Acquisition Strategy Panels (ASPs).

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(b) ASP chairpersons.

    (1) For non-space related ACAT I programs and special interest programs identified by ASAF(A) (refer to the Air Force Acquisition Strategy Panel (ASP) Secretariat website for information on Phase I and Phase II ASPs):

    (i) For Phase I ASPs, the PEO is the ASP chairperson.

    (ii) For Phase II ASPs, ASAF(A) is the ASP chairperson.

V

Appendix CC - Add definitions for Micro-purchase and Micro-purchase Threshold, update definition for Simplified Acquisition Threshold, and make clerical changes

Supplementary information about the change: Section 822 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 increases the micro-purchase threshold and the simplified acquisition threshold for certain procurements and purchases. Effective 24 Nov 04, the micro-purchase threshold outside the United States is $25,000 and the simplified acquisition threshold outside the United States is $1,000,000. These thresholds are applicable only for contracts to be awarded and performed, or purchases to be made, outside the United States in support of a contingency operation or to facilitate the defense against or recovery from nuclear, biological, chemical, or radiological attack. (Reference DPAP/P Memo, Immediate Increase in the Dollar Threshold for Simplified Acquisition Procedures and in the Dollar Threshold for Senior Procurement Executive Approval of Justifications and Approvals, dated 24 Nov 04)

CC-102 Definitions.

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“Micro-purchase” means an acquisition of supplies or services, the aggregate amount of which does not exceed the micro-purchase threshold.

“Micro-purchase Threshold” means $2,500, except it means—

    (1) $2,000 for construction subject to the Davis-Bacon Act; and

    (2) $25,000 for acquisitions of supplies or services that, as determined by the head of the agency, are for contracts to be awarded and performed, or purchases to be made, outside the United States in support of a contingency operation or to facilitate defense against or recovery from nuclear, biological, chemical or radiological attack as described in FAR 13.201(g) (1), except for construction subject to the Davis-Bacon Act. (Pub. L. 108-136, Sec. 1443).

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"Simplified Acquisition Threshold (SAT)" means $100,000, except for acquisitions of supplies or services that, as determined by the head of the agency, are to be used to support a contingency operation or to facilitate defense against or recovery from nuclear, biological, chemical, or radiological attack (Pub. L. 108-136, Title XIV, Sec 1443), the term means--

    (1) $250,000 for any contract to be awarded and performed, or purchase to be made, inside the United States; and

    (2) $1,000,000 for any contract to be awarded and performed, or purchase to be made, outside the United States.
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CC-103 Responsibilities.

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(a) Chief, Contracting Operations Division (SAF/AQCK) shall:

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(b) Each MAJCOM Director of Contracting shall:

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    (13) Establish procedures for preserving lessons learned, disseminating the information collected from field after action reports, and providing copies to SAF/AQCK.

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CC-302 Predeployment preparation.

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(i) Official passports are required for each CCO designated to support no-notice deployments that require immediate departure to countries requiring a passport for entry. Each unit shall determine if a CCO needs to obtain an official passport when initially designated as a CCO. If units have difficulty securing official passports, contact SAF/AQCK for assistance in validating mission and coordination with the Pentagon Passport Office. When CCOs are deployed they shall have their passports in their possession at all times unless directed otherwise for security reasons.

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CC-502-1 Contingency contracting activities during initial deployment.

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(c) Files and Documentation.

    (1) The CCO shall maintain files/registers for contracts, BPAs, and purchase orders to record all contracting actions. The records will include: Purchase Request Number, PIIN, date of purchase or award, name of vendor or contractor, dollar amount (U.S. dollars); and a brief description of supplies or services. Dispose of documents according to AFI 37-138, Records Disposition - Procedures and Responsibilities, and Web-Records Information Management System (RIMS).

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CC-502-4 Contingency contracting activity during termination/redeployment.

(a) On being notified of contingency termination or redeployment, the CCO will:

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    (3) After-action report. Within 30 days after redeployment, each CCO shall submit an electronic after-action report to their parent MAJCOM Superintendent who will in turn forward the report to the theater MAJCOM/LGC supporting the AOR. MAJCOM Superintendents will also forward reports to SAF/AQCK. After-action reports shall specifically address:

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ATTACHMENT CC-1— DEPLOYMENT KITS

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(a) XFFK4

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Publications, forms, and formats

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Forms

    SF 26, Award Contract

    SF 30, Amendment of Solicitation/Modification of Contract

    SF 44, Purchase Order/Invoice/Voucher

    SF 1409, Abstract of Offers/AF 3062 Abstract of Proposals or Quotations (May use automated spreadsheets in lieu of forms)

    SF 1419, Abstract of Offers, Construction (May use automated spreadsheet)

    SF 1442, Solicitation, Offer, and Award (Construction, Alteration, or Repair)

    SF 1449, Solicitation/Contract/Order for Commercial Items

    AF 9, Request for Purchase (or other field purchase request forms)

    AF 15, United States Air Force Invoice

    AF 2209, Nonappropriated Fund Order for Supplies or Services (AF Form 2209, Non-app Fund, etc form is not available in the Air Force Publications Library)

    AF 4009, Government Purchase Card Fund Cite Authorization

Formats

    Contract Action Tracking System (pending SPS deployment capability, use any automated format or manual purchase registers)

    Simplified acquisition (Construction under the SAT; Commercial Services and Commodities less than $5M) with generic or sample statements of work

    Construction contract formats, exceeding the SAT

    Blanket Purchase Agreement (with associated appointment letters/call registers)

    NAF contract

    General Provisions (For use with Nonappropriated Fund Orders and Contracts)

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ATTACHMENT CC-2 — CONTINGENCY CONTRACTING OFFICER INITIAL AND RECURRING TRAINING

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Initial training outline

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(c) Organizational responsibilities

    (1) SAF/AQCK


VI

5315.403-1 - Incorporate Contracting Policy Memo 03-C-08, Exceptions and Waivers to the Truth in Negotiations Act, and new Mandatory Procedures 5315.403-1, Prohibition on Obtaining Cost or Pricing Data

Supplementary information about the change: None.

5315.403-1 Prohibition on obtaining cost or pricing data (10 U.S.C. 2306a and 41 U.S.C. 254b).

(c) Standards for exceptions for cost or pricing data requirements.

    (4) Waivers. Before granting a waiver, HCAs must determine the property or service cannot be reasonably obtained without the waiver; the price can be determined reasonable without submission of cost or pricing data; and there are demonstrated benefits to granting the waiver.

    *****

    (5) Using Mandatory Procedures detailed in MP5315.403-1, MAJCOMs and DRUs will submit an annual report for contracts, subcontracts, or contract/subcontract modifications expected to have a total value of $15,000,000 or more identifying:

      (i) Cost or pricing data waivers (FAR 15.403-1(b)(4)); and

      (ii) Cost or pricing data exceptions for commercial item procurements (FAR 15.403-1(b)(3)).

VII

5307.105(a)(4) - Define acquisition plan requirements for services acquisitions

Supplementary information about the change: None.

5307.105 Contents of Written Acquisition Plans

Acquisition plans must address whether foreign contractors can be permitted to participate at the prime contractor level in any or all contracts involved in the acquisition.

    (a)(4) Capability or Performance. For services acquisitions, the acquisition plan shall:

    (i) address the Performance-Based Services Acquisitions (PBSA) principles at AFI 63-124, paragraph 1.1, or

    (ii) refer to the non-PBSA SDO approval IAW AFFARS 5337.170-3.

VIII

5315.305 - Incorporate language from existing Air Force Proposal Analysis Report (PAR) Guide as Informational Guidance (IG) 5315.305, Proposal Analysis Report (PAR) Guide

Supplementary information about the change: Incorporates language from the existing Air Force Proposal Analysis Guide as informational guidance and includes changes from AFAC 2004-0721 that implemented the revised source selection procedures.

5315.305 Proposal evaluation.

*****

See Informational Guidance at IG5315.305 for guidance on documenting the proposal analysis.




IX

5315.303 - Designate Source Selection Authority (SSA) for A-76 competitions.

Supplementary information about the change: Delegates authority IAW OMB A-76 Circular,

Performance of Commercial Activities, dated 29 May 03, and HQ USAF/DP Memo, IPM #1 - Delegation of Competitive Sourcing Official (CSO) Responsibilities, dated 14 Jan 05.

5315.303 Responsibilities.

(a) Source Selection Authorities.

    (1) Except as provided in paragraph (2) below of this section, the contracting officer is the Source Selection Authority (SSA) for acquisitions $10 million and below. MAJCOMs and DRUs may establish SSAs for “Other Contracting” acquisitions greater than $10 million. SSA shall not be delegated lower than the contracting officer. SSAs for AFPEO/CM acquisitions and for ACAT acquisitions greater than $10 million are listed below:

    (i) For non-space related ACAT I programs, ASAF(A) is the SSA.

    (ii) For space related ACAT I programs, USECAF is the SSA.

    (iii) For ACAT II and III programs, the PEO is the SSA.

    (iv) For acquisitions in the AFPEO/CM portfolio, the PEO is the SSA.

    (2) SSAs for A-76 competitions are:

    (i) The AFPEO/CM, for those competitions within the PEO/CM portfolio, unless otherwise designated by the PEO/CM.

    (ii) For all other competitions, the MAJCOM/FOA/DRU Vice Commander (CV) shall appoint the SSA. The MAJCOM/FOA/DRU/CV must be a General Officer or Senior Executive Service Civilian. If the MAJCOM/FOA/DRU/CV does not meet this criterion, the SSA appointment authority is the Component Competitive Sourcing Official (CCSO).