AFAC

Air Force Acquisition Circular (AFAC) 2009-1030
October 30, 2009

FOR ADDITIONAL INFORMATION CONTACT:
SAF/AQCP, 1060 Air Force Pentagon, Washington, DC 20330-1060, (703) 588-7071

SUMMARY OF CHANGES

Note: “*****” below indicates that text is omitted for purposes of brevity.

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5301.601 General.
(a)(i) Heads of Contracting Activities (HCAs) Responsibilities.

(A) The DAS(C) and Associate Deputy Assistant Secretary (Contracting) (ADAS)(C)) are the HCA for the Air Force. All nondelegable HCA responsibilities may only be exercised by the DAS(C) and ADAS(C). The DAS(C) makes the following delegations for all delegable HCA responsibilities to:

(1) The MAJCOM/DRU SCOs and to the SCCOs at Space and Missile Systems Center (SMC), Electronic Systems Center (ESC), Aeronautical Systems Center (ASC), and Air Armament Center (AAC) without further authority to redelegate any HCA responsibilities unless specifically stated otherwise in the AFFARS. The SCO at HQ AFMC may redelegate HCA responsibilities to SCCOs without further authority to redelegate unless specifically authorized otherwise in the AFFARS.

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(f) Contract actions meeting the contract value thresholds set below shall 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 (2)(i) are authorized.

(1) For PEO programs supported by SMC, PEO and DAO programs supported by AFMC and for AFMC Other Contracting (excluding Operational)

Contract Value*	Clearance Approval Authority
>$50M	SCCO (See (i) below)
$25M - $50M	Wing level PK/A7K/MSK/SPO Chief of Contracts for SMC PEO/DAO Programs/or Deputy
$5M - <$25M	Group level PK/A7K/MSK or Deputy/at least one level above the CO for SMC PEO Programs

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(2) For Operational Contracting (excluding AFRC)

Contract Value*	Clearance Approval Authority
>$2M	SCO or SCCO
$1M - $2M	SQ/CC or DBO
$500K - <$1M	At least one level above the CO

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5301.9001 Policy, thresholds, and approvals.

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(f) Contract actions meeting the contract value thresholds set below shall 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 (2)(i) are authorized.

(1) For PEO programs supported by SMC, PEO and DAO programs supported by AFMC and for AFMC Other Contracting (excluding Operational)

Contract Value*	Clearance Approval Authority
>$50M	SCCO (See (i) below)
$25M - $50M	Wing level PK/A7K/MSK/SPO Chief of Contracts for SMC PEO/DAO Programs/or Deputy
$5M - <$25M	Group level PK/A7K/MSK or Deputy/at least one level above the CO for SMC PEO Programs

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5302.101 Definitions.

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“Designated Acquisition Official (DAO)” means an individual dedicated to executive management at Air Logistics Centers of delegated ACAT II or ACAT III programs expending investment dollars. The DAO shall be chartered by and is accountable to the SAE (see AFI 63-101).

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"Other Contracting" means those contracting actions (as defined in DFARS 204.670-1), not in a PEO/DAO portfolio, taken to support acquisition programs, maintain and repair fielded weapon systems, and support Air Force operations. The term includes, but is not limited to, contracts for local purchase and other operational support; replenishment spares; programmed depot maintenance; weapon system modifications which do not involve significant development; contractor logistics support; manpower and support; and science and technology (i.e., research, exploratory development or advanced development, and not intended for a system specific application (6.1, 6.2, or 6.3A funds)).

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5315.303 Responsibilities.

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(2) SSAs for ACAT acquisitions greater than $10M, PEO/CM acquisitions and acquisitions using other than PPT or LPTA procedures are listed below:

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

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5316.405-2 Cost-plus-award-fee contracts.

(a) The PEO/DAO is the Fee Determining Official for the PEO’s/DAO’s assigned programs. For Other Contracting, the HCA will designate the Fee Determining Official. The PEO/DAO or HCA for Other Contracting may designate this responsibility on an individual contract or class basis. This designation may be made by name, position, or function, without limitation.

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5337.503-90 Management and Oversight of the Acquisition of Services.

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(1) All services acquisitions below $1,000,000,000 (not in another PEO/DAO portfolio).

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MP5306.304
Approval for the Justification

[Revised October 30, 2009]

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(a)(3) J&As for actions over $11.5M but not exceeding $78.5M will be approved by the head of the procuring activity or designee, except as follows:

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(ii) For PEO/DAO programs and acquisitions, the PEO/DAO, or their designated alternate is the J&A approval authority if they meet the criteria in FAR 6.304(a)(3).

(iii) If a PEO/DAO, head of a procuring activity, or their designated alternate(s) does not meet the criteria for FAR 6.304(a)(3), the J&A approval authority is the Senior Procurement Executive (SPE).

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IG5306
Other Than Full and Open Competition Justification and Approval
Preparation Guide and Template

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Coordination and Approval Document
EXAMPLE for J&As from > $11,500,000 to $78,500,000

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APPROVED:

______________________________________________________ ______
Head of Procuring Activity or Program Executive Officer/Designated
Acquisition Official (if applicable), or Designee Signature Block (Name/Title/Phone Number)
(Must be General Officer/Flag Officer or Civilian Equivalent / SES,
or approval authority will be the Senior Procurement Executive)

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Coordination and Approval Document
EXAMPLE for J&As over $78,500,000

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COORDINATION DATE

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______________________________________________________ ______
PEO, DAO, Director of Contracting, or HPA-designated official

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JUSTIFICATION AND APPROVAL TEMPLATE

The following format is a suggested template for the body of all J&As except for an International Agreement Competitive Restriction.

Always be sure to confirm J&A Approval Authority IAW the Mandatory Procedures at MP5306.304.

COORDINATION AND APPROVAL DOCUMENT
(also known as Justification Review Document)

Contracting Activity: _________________________
Purchase Request/Local Identification Number: __________________________________
Project/Program Name (and Program Element, if applicable): ___________________________________________________________________________
Estimated Contract Cost (including options): $__________________
Type Program: ________________________ (PEO Program,DAO Program, or Other Contracting)
Authority: 10 U.S.C. 2304(c)(___), as implemented by FAR 6.302-___
Type J&A: ____________________(Class or Individual)

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PEO/DAO/
Commander: _____________________________ _______________ _____________
(Requirements (Name) (Office Symbol) Date Signed
Cognizance) DSN: XXX-XXXX, COM: (XXX) XXX-XXXX
(> $11.5M)

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5301.9000 Scope and definitions.

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(c) “Business Clearance” means:

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(2) For noncompetitive contract actions, approval to begin negotiations.

(d) “Begin negotiations” means, for the purpose of noncompetitive contract actions , starting discussions with an offeror for the purpose of reaching agreement on all aspects of the proposal. Initiation of audits and fact-finding necessary to evaluate the proposal and develop the Government’s negotiation objective do not constitute negotiations.

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(e) “Contract Clearance” means:

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(3) For noncompetitive contract actions , approval by the clearance approval authority to award a contract or contract modification/contract action.

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5301.9001 Policy, thresholds, and approvals.

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(d) At the discretion of the clearance approval authority, contract clearances are not required when the negotiation team stays within a pre-set negotiation range and meets the parameters approved at the business clearance.

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"Head of the Agency" means, pursuant to HAF MD 1-10, 8 Apr 09, , the Assistant Secretary of the Air Force (Acquisition) (ASAF(A)), unless the terms of a statute or delegation indicate that an action must be done by the Secretary of the Air Force (SECAF) or the Under Secretary of the Air Force (USECAF).

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SUBPART 5304.71 – CONTRACT LINE ITEMS

5304.7103 Contract line items.

See DFARS 204.7103 and Informational Guidance IG5304.7103 for guidance on considering severability when forming contracts.

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5332.700 Scope of Subpart.

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See DFARS 204.7103 and Informational Guidance IG5304.7103 for guidance on considering severability when forming contracts and determining contract funding.

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5335.006 Contracting methods and contract type.

See DFARS 204.7103 and Informational Guidance IG5304.7103 for guidance on considering severability when forming Research and Development contracts.

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5337.106 Funding and term of service contracts.

See DFARS 204.7103 and Informational Guidance IG5304.7103 for guidance on considering severability when forming Service contracts.

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IG5304.7103

Establishing Contract Line Items

[Revised October 30, 2009]

1. The Department of Defense Federal Acquisition Regulation Supplement (DFARS) states in Subpart 204.7101, Definitions: “Nonseverable deliverable, as used in this subpart, means a deliverable item that is a single end product or undertaking, entire in nature, that cannot be feasibly subdivided into discrete elements or phases without losing its identity.” For a contracting officer, the severable or non-severable nature of a requirement influences the contract line item numbering (CLIN) structure and must be considered in determining the appropriate use of accounting classifications and their assigned accounting classification reference numbers (ACRNs).

2. Generally, installation services are severable; the government receives the full benefit of the service each time it is performed. Non-severable deliverables typically have a delivery date for products or a completion date for tasks. Severable services are typically recurring during a specified period. Many Research, Development, & Testing requirements are non-severable; they cannot be feasibly subdivided. Thus the government will receive a benefit only upon delivery or completion of the entire requirement. It is important that financial managers and contracting officers evaluate severability case-by-case for each contract action. Contracting officers should seek legal advice when the severable or non-severable nature of a requirement or CLIN is difficult to discern.

3. The financial management official, in consultation with the contracting officer and requirements official, must decide to use an annual or a multiple year appropriation only after considering the severable or non-severable nature of each CLIN and the performance start and end dates. This decision will ensure compliance with the funding rules concerning period of availability, bona fide need, and purpose. Complying with these rules will avoid any violations of the Anti-Deficiency Act. When funding decisions are not straight forward, such as using multiple year appropriations or when annual funding is used to cross fiscal years in accordance with FAR 37.106, contracting officers must document the basis for funding decisions in the contract file.

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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 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), and Air Force Operational Test and Evaluation Center (AFOTEC). These organizations are authorized to further designate subordinate organizations as “procuring activities” subject to the requirements of FAR 6.501 and AFI 63-301, Air Force Competition and Commercial Advocacy.

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(S-90) (a) Solicitation Release.

(1) For non-space related ACAT programs, unless otherwise authorized by the MDA, the contracting officer shall not release the formal solicitation until the MDA has approved the Acquisition Strategy/LCMP strategy in accordance with USD(AT&L) and Air Force guidance.

(2) For space-related programs under the purview of National Security Space Acquisition Policy Interim Guidance for DoD Space System Acquisition process, the contracting officer shall not release the formal solicitation until the MDA has approved the acquisition strategy and the program has successfully passed a milestone decision, unless otherwise authorized by the MDA.

(3) For all other acquisitions, the contracting officer shall not release the formal solicitation until the approval official has approved the CAMP/AP unless the acquisition is being conducted pursuant to the authority of FAR 6.302-2, unusual and compelling urgency.

(b Changes. If a change occurs to the program/acquisition that significantly affects the acquisition (e.g., scope, dollar value, contract type), the program manager with the assistance of the contracting officer shall prepare a revised LCMP/ CAMP/IPS/AP and a statement that summarizes the changes and obtain the approval of the revised LCMP/CAMP/IPS/AP.


(c) Independent Review. The Clearance Approval Authority will conduct an independent review of the draft Acquisition Strategy Panel brief, or draft Acquisition Plan, or its equivalent in accordance with Mandatory Procedure MP5301.9001(b), Clearance – Multi-functional Independent Review.
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5307.104-90 Acquisition Strategy Panels (ASPs).

(a) General requirements.

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(3) For Other Contracting acquisitions, ASPs shall be convened for all acquisitions requiring a formal/written AP. The ASP chairperson may establish streamlined ASP procedures for acquisitions <$5.5M.

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(b) ASP chairpersons.

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(5) For AFPEO/CM acquisitions, the PEO is the ASP chairperson, unless delegated.

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(c) ASP membership and content.

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(2) For all non-space ACAT I programs, the ASP chairperson shall use the non-space SAE panel, tailored as necessary. For all space ACAT I programs, the ASP chairperson shall use the space SAE panel, tailored as necessary. The AF/PM&AE ASP Secretariat will facilitate the ASP meetings. Refer to the AF ASP website for ASP and SAE panel information.

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5307.104-91 Air Force procedures for Life Cycle Management Plans (LCMP) / Commodity Acquisition Management Plans (CAMP) / Integrated Program Summaries (IPS).

(a) General requirements.

(1) For non-space related programs:
(i) Program managers shall prepare LCMPs for all Acquisition Category (ACAT) I, II and III programs (see AFI 63-101, paragraph 3.39). . The LCMP may be tailored at the discretion of the LCMP approval authority. However, the LCMP approval authority does not have the authority to waive the requirement for a written acquisition plan (see deviation procedures at FAR 1.4, as supplemented).

(2) For space related programs:

(i) Program managers shall prepare an IPS for all new programs under the purview of National Security Space Acquisition Policy Interim Guidance for DoD Space System Acquisition Process. The IPS may be tailored at the discretion of the MDA.

(3) The commodity council director shall prepare CAMPs for all commodity council acquisitions.
(b) Approval requirements.

(1) For non-space related programs:

(i) For ACAT ID and IAM programs, the SAE will sign the LCMP prior to forwarding it to OSD(AT&L) or ASD(NII), respectively.

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(2) For space related programs:

(i) For all ACAT programs, the MDA is the acquisition strategy approval authority.


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(c) Content and review requirements.

(1) For programs under the purview of DoDI 5000.02, the AS/LCMP/ CAMP shall include all required elements of a written acquisition plan in accordance with FAR 7.105, as supplemented. The AS/LCMP/ CAMP approval authority may determine additional content and coordination required of the AS/LCMP/ CAMP, subject to law and higher regulation(s) (see FAR 7.1 as supplemented). For additional guidance see Defense Acquisition Guidebook Chapter 2 and AFI 63-101

5307.104-92 Air Force procedures for Acquisition Plans (APs).

(a) For all acquisitions within the AFPEO/CM portfolio (see 5337.503-90) the acquisition plan approval authority is the PEO, unless delegated.

(b) For MAJCOM and DRU Other Contracting acquisitions.

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5307.170-3 Policy and procedures
(a)(3)(i) The Deputy Assistant Secretary (Contracting) (DAS)(C)) or Associate Deputy Assistant Secretary (ADAS)(C)) is the authority to make the consolidation determination for actions $100 million or greater.

(ii) The DAS(C) has delegated the authority to make the consolidation determination for actions exceeding $5.5 million, and less than $100 million, to the HCA delegees in accordance with 5301.601(a)(i).

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

(iv) The determination may be included in an AS/LCMP/CAMP/AP when coordination of the approving official in accordance with (a)(3)(i) and (a)(3)(ii) above is accomplished as part of the approval process. When preparing these documents clearly identify the consolidation determination. Coordination on such documents by the DAS(C) or ADAS(C) is approval of the required documentation. For all other consolidation determinations requiring DAS(C) or ADAS(C) approval, prepare a separate Determinations and Findings.

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IG5307.104-92

Acquisition Planning Documentation Guidance for “Other Contracting”

[Revised October 30, 2009]

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1. Introduction: This guide is written to help you prepare and process Acquisition Planning documentation for “Other Contracting” acquisitions as called for under the Federal Acquisition Regulation (FAR) Part 7 as further supplemented by DFARS 207, and specifically called for under AFFARS 5307.104-92. Specific guidance is provided for preparing either an “Other Contracting” AP, or a Streamlined Acquisition Strategy Summary (SASS). Construction acquisitions should refer to IG5336.9201 for details on Construction Acquisition Planning ( AFFARS Library Part 5336). It is recommended that you use this guide when drafting your documentation that outlines a proposed acquisition strategy to ensure that critical elements such as schedule, funding, and contract/business arrangements are adequately addressed. This guide is not intended to serve as a substitute for the regulations; therefore, as each topic is discussed, specific regulatory citations may apply which need to be addressed in the AP.

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b. Acquisitions under $5.5M are generally less complex in nature. Since there are
many ways to acquire the required products and services sought, planning is imperative. Notwithstanding, planning for acquisitions with a dollar value above the SAT to <$5.5M may not require as much detail as more complex acquisitions.

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2. AP Documentation Approval Authorities:

(a) The AP Approval Authority for “Other Contracting” APs greater than $5.5M is the Services Designated Official for services acquisitions or for non-services, the Senior Contracting Official (SCO) as set forth in AFFARS 5307.104-92(b)(2).

(b) The AP Approval Authority for “Other Contracting” actions less than $5.5M is the individual one level above the contracting officer as set forth in AFFARS 5307.104-92(b)(1).

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TEMPLATE
“OTHER CONTRACTING” ACQUISITION PLAN

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B. Acquisition Approach: Address the following:

(1) Solicitation method to be utilized (Simplified RFQ, RFP, Combined Synopsis/Solicitation, etc).

(2) Performance-based services acquisition principles as required by AFI 63–124.

(3) Basis of award (Lowest Price Technically Acceptable (LPTA), Performance Price Tradeoff (PPT) with or without evaluation factors or full trade off source selection and identify evaluation factors to be included in a PPT or full trade off source selection and the importance of those factors).

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TEMPLATE
Streamlined Acquisition Strategy Summary (SASS)

FOR OFFICIAL USE ONLY

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II. Proposed Acquisition Approach

a. Extent of Competition:

☐ Sole Source* ☐ Competitive Non-DoD ☐ Full & Open
* FAR 6.3 Authority:

☐ Mandatory Use Policy (Including Waivers)

☐ Limited Sources

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e. Basis of Award:

☐ Sealed Bid – Part 14

☐ Negotiation – Part 15

☐ Lowest Price Technically Acceptable
☐ Performance Price Trade-Off without technical factors
☐ Performance Price Trade-Off with technical factors

(list factors):

☐ Full Trade Off Source Selection (AP highly recommended)

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5313.003 Policy
(i) The determination that micro-purchases and simplified acquisitions of supplies or services are used in support of a contingency operation or to facilitate defense against or recovery from nuclear, biological, chemical, or radiological attack is delegated to the HCA (see 5301.601(a)(i)). The HCA has delegated this responsibility to no lower than the chief of the contracting office, as defined in 5302.101.
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5313.201 General.

(g)(1) The head of the agency determination is delegated to the HCA (see 5301.601(a)(i)). The HCA has delegated this responsibility to no lower than the chief of the contracting office.

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5315.402 Pricing policy.

(a) For firm-fixed price (FFP) competitive contracts where adequate price competition is anticipated, approval to obtain information other than cost or pricing data from offerors shall be obtained from the Clearance Approval Authority (See 5301.9001(f)). Requests should address the following:

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(ii) Discussion of why competitive forces are anticipated to be or were found to be inadequate;

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(vi) Copy of solicitation language (i.e., Instructions to Offerors, Section L, or equivalent) or draft evaluation notice describing the type of information being requested from offerors.

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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 from cost or pricing data requirements.

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4) Waivers.

(A) Follow the mandatory procedures at MP5315.403-1(c)(4)(A) to submit a request for waiver of the Cost or Pricing Data requirement through the MAJCOM/DRU SCO to the HCA (see 5301.601(a)(i)). The request shall include a determination explaining the details as to (1) why the property or services cannot be reasonably obtained without the waiver; (2) the methodology to be used in determining whether the price to be reasonable without submission of cost or pricing data; and (3) how the government will benefit from the granting of the waiver.

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5315.403-4 Requiring Cost or Pricing Data (10 U.S.C. 2306a and 41 U.S.C. 254b)

(a)(2)(i) Follow the mandatory procedures at MP5314.403-4 to submit a Determination and Findings for HCA signature authorizing the contracting officer to obtain cost or pricing data for actions below the pertinent threshold in FAR 15.403-4(a)(1), provided the action exceeds the simplified acquisition threshold.

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MP5315.403-1

Prohibition on Obtaining Cost or Pricing Data

(c) Standards for exceptions from cost or pricing data requirements.
(3) Commercial Items

(B) Annual Reporting Requirements. In order to fulfill the requirement for DoD to submit an annual report to Congress, MAJCOM/DRU Senior Contracting Officials (SCO) shall annually identify commercial item exceptions to the requirements of the Truth In Negotiations Act (TINA) for any contract, subcontract, or modification from the previous fiscal year expected to have a value of $15,000,000 or more. For all commercial item exceptions meeting that threshold, MAJCOM/DRU SCOs shall submit the information as required in paragraph (i) below no later than 15 October each year. If no commercial item exceptions meeting the threshold were granted during the previous fiscal year, submit a negative report no later than 15 October each year. Submit the report to HQ AFMC/PKQI, the designated Air Force focal point for consolidation of the reports. HQ AFMC/PKQI shall consolidate all of the MAJCOM and DRU reports and submit a final report to SAF/AQCP no later than 8 November each year. SAF/AQCP shall submit the report to the Director, Defense Procurement and Acquisition Policy (DPAP), ATTN: DPAP/CPF.

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(4) Waivers

(A) Request for waiver of the cost or pricing data requirement shall be submitted through the MAJCOM/DRU SCO to SAF/AQCK, safaqck.workflow@pentagon.af.mil, for HCA approval. SAF/AQCK will ensure waiver requests in excess of $100 million are coordinated with the senior procurement executive prior to the HCA granting the waiver.

(1) Requests for waiver of certified cost or pricing data shall include a clear description
of how the three criteria for granting a waiver of cost or pricing data under the exceptional circumstances exception (see DFARS 215.403-1(c)(4)(A)) will be met. When the waiver is for a subcontractor who has refused to provide cost or pricing data to a prime contractor, the information required shall cover both the prime contract and subcontract. The waiver request shall also include the following information:

(i) Contract type and number, RFP or purchase request number, including supplemental agreement number;

(ii) A concise description of supplies or services being purchased;

(iii) A description of any outside influences or time pressures;

(iv) Complete company name and location;

(v) If applicable, a complete description of the data the contractor or subcontractor refuses to submit and the basis for refusal (include all correspondence);

(vi) If applicable, names and titles of the contractor and/or subcontractor personnel contacted and the Government personnel making the contact; and

(vii) A summary statement of the approval action being requested.

(B) Annual Reporting Requirements. In order to fulfill the requirement for DoD to submit an annual report to Congress, MAJCOM/DRU Senior Contracting Officials (SCO) shall annually identify and report TINA waivers for any contract, subcontract, or modification from the previous fiscal year expected to have a value of $15,000,000 or more. For all TINA waivers meeting that threshold, MAJCOM/DRU SCOs shall submit the information as required in paragraph (i) below no later than 15 October each year. If no waivers meeting the threshold were granted during the previous fiscal year, submit a negative report no later than 15 October each year. Submit the report to HQ AFMC/PKQI, the designated Air Force focal point for consolidation of the reports. HQ AFMC/PKQI shall consolidate all of the MAJCOM and DRU reports and submit a final report to SAF/AQCP no later than 8 November each year. SAF/AQCP shall submit the report to the Director, Defense Procurement and Acquisition Policy (DPAP), ATTN: DPAP/CPF.

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(5) Additional Reporting Requirements.

(A) Signed TINA Waivers. SAF/AQCK shall submit a copy of all signed TINA waivers to SAF/AQCP and HQ AFMC/PKQI within 30 days of signature by the HCA. Copies of the signed waivers may be submitted via email to SAF/AQCP.Workflow@pentagon.af.mil and AFMC/PK workflow. Waiver packages should include all supporting documentation explaining how the action met the three criteria for a TINA waiver must accompany the signed document. This requirement applies to all actions at or above the cost or pricing data threshold identified in FAR 15.403-4(a)(1).

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MP5315.403-4

Requiring Cost or Pricing Data

[Revised October 30, 2009]

(a)(2)(i) The contracting officer must obtain approval from the HCA to obtain cost and pricing data for acquisitions below the pertinent threshold in FAR 15.403-4(a)(1) but exceeding the simplified acquisition threshold. To request this authorization, the contracting officer shall submit a Determination and Findings (D&F) through the Senior Contracting Official to SAF/AQCK, safaqck.workflow@pentagon.af.mil, for HCA signature. The D&F shall include a written finding that cost and pricing data are necessary to determine whether the price is fair and reasonable and the facts supporting that finding.
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5318.201 Contingency Operations.

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(1)(B) Delegation to the Head of the Contracting Activity (HCA) for micro-purchases and simplified acquisitions of supplies or services as used in support of a contingency operation or to facilitate defense against or recovery from nuclear, biological, chemical, or radiological attack. See 5313.003(i) and 5301.601(a)(i).

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5333.090 Policy.

The acquisition team shall use alternative means of dispute resolution to the maximum extent practicable. Alternate Disputes Resolution (ADR) techniques shall be used whenever possible to resolve all issues in controversy. The acquisition team shall attempt to use ADR prior to the commencement of litigation once unassisted negotiations have reached an impasse. Further, ADR shall be offered in litigation, unless one of the exceptions in 5 U.S.C. 572(b) applies or the policy set forth by Deputy General Counsel (Dispute Resolution (SAF/GCD) indicates that ADR is not appropriate. ADR shall also be used to resolve protests to the maximum extent practicable.
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5333.103 Protests to the agency.

(d) No text.

(3) An agency protest is usually filed with the contracting officer. Offerors are encouraged to file at the lowest level to resolve the issues concerned. In all cases, a copy of an agency protest must be provided to the contracting officer regardless of the level at which the protest is filed. The contracting officer shall prepare the protest file following an agency protest (including a protest of a non-appropriated funds procurement) regardless of the level at which the protest is filed. The contracting officer shall request guidance from SAF/AQCK, safaqck.workflow@pentagon.af.mil, for any protest likely to generate significant Congressional interest.

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5333.190 Protests to the United States Court of Federal Claims (USCFC).

(a) The Commercial Law and Litigation Directorate of the Air Force Legal Operations Agency (AFLOA/JAQ) serves as the Air Force agency counsel to the Department of Justice (DoJ) for protests at the USCFC and assists the assigned DoJ attorney in defending Air Force interests.

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5333.293 Appeals to the United States Court of Federal Claims (USCFC).
(a) The Department of Justice represents the Air Force in appeals brought before the USCFC. The Commercial Law and Litigation Directorate (AFLOA/JAQ) serves as the Air Force counsel with the Department of Justice in such appeals.

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MP5333.104

Protests to the GAO

[Revised October 30, 2009]

(a) General

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(2) SAF/AQCK serves as the notification point with the GAO for all protests. The phone number is (703) 588-7079, the facsimile number is (703) 588-7915 and the email is safaqck.workflow@pentagon.af.mil.

(3) The Commercial Law and Litigation Directorate, Air Force Legal Operations Agency (AFLOA/JAQ) represents the Air Force on all protests. AFLOA/JAQ’s overnight delivery address is: AFLOA/JAQ, Attn: Bid Protest Division, 1501 Wilson Blvd., Suite 606, Arlington, VA 22209-2403. The AFLOA/JAQ organizational email is afloajaq.workflow@pentagon.af.mil. The main phone number is (703) 696-9063, DSN 426-9063 and the facsimile number is (703) 696-9084, DSN 426-9084.

(4) The contracting officer shall send any communication to the GAO through AFLOA/JAQ with a courtesy copy to SAF/AQCK. Forward any inquiry received from an attorney representing a protestor or interested party to AFLOA/JAQ.

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(b) Initial Actions upon Receipt of Protest

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(C) If a stay is not required, discuss whether a suspension of performance or termination of the contract is in the best interest of the Air Force.

(iv) Email AFLOA/JAQ the name, phone number, fax number, and e-mail address of the contracting officer and the local attorney assisting in the protest defense.

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(4) AFLOA/JAQ will notify the contracting officer and supporting legal office as to which documents AFLOA/JAQ requests to be forwarded electronically, by facsimile or by overnight delivery, in advance of the Agency Report. AFLOA/JAQ will direct the format in which files will be sent. Files transmitted electronically in advance of the agency report typically include core documents such as Source Selection Decision Document (SSDD), Proposal Analysis Report (PAR), and debriefing given to protester.

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(c) Preparation of Agency Report

(1) Format

(i) The contracting officer shall prepare the agency report as a stand-alone report that can be submitted “as is” by AFLOA/JAQ to the GAO. The contracting officer will coordinate the format of the agency report with AFLOA/JAQ. The typical paper format is listed in this section, MP5333.104(c)(1). AFLOA/JAQ directs the actual format of the agency report, following any guidance from the assigned GAO attorney.

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(iii) The contracting officer shall submit copies of the agency report in 3-ring binders, not to exceed two inches in thickness, not contract folders. Label each binder, on both the front and spine of each binder, with protester’s name, B-number, name of intended recipient, the volume number of the binder and tabs within the binder (i.e., Volume 1 of 3, Tabs 1-12), and if protected material is contained in the binder, mark the binder “PROTECTED MATERIAL – TO BE DISCLOSED ONLY IN ACCORDANCE WITH GOVERNMENT ACCOUNTABILITY OFFICE PROTECTIVE ORDER. “

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(e) Process after Agency Report is filed

(1) Comments on the Agency Report

(i) The protester and all interested parties may file written comments on the agency report within ten days of receiving the report. Per 4 C.F.R. 21.3(i), if the protester does not file written comments within 10 days of receiving the agency report, the GAO shall dismiss the protest unless the GAO grants an extension.

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(2) Supplemental Protests

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(ii) At the request of AFLOA/JAQ, the contracting officer shall provide additional documents and information in support of a response to the supplemental grounds of protest. The timeline for submitting additional documentation in response to supplemental protest is set by GAO on a case-by-case basis. The timeline generally is much shorter than the time permitted for initial submissions.

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(f) Resolving the Protest

(1) GAO Decision. If the protest goes to a written decision, the GAO will usually issue the decision within 100 days of the filing of the original protest. A protest decision involving protected information will be released to the parties under the protective order. A protected decision may be viewed within the government, but may not be released to, or discussed with, non-government personnel unless those personnel have been explicitly admitted to access of protected material under the protective order. Generally, those admitted to access under the protective order will be legal counsel for the protester and interveners. The GAO will issue a public redacted version of the decision at a later date.

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(B) Potential costs may include attorney fees and in-house costs related to pursuit of the protest. Costs must be paid by the base or procuring activity. A protester must submit a cost claim to the agency within 60 days of a decision or recommendation to award costs. Any cost claim received should be forwarded immediately to AFLOA/JAQ. GAO has established a body of law around the payment of cost claims, and AFLOA/JAQ will analyze the claim for reimbursable and unallowable expenses. AFLOA/JAQ, with the contracting officer’s approval, may offer a settlement to the protester, subject to the approval of the contracting officer. If a settlement cannot be reached, the GAO may decide the claim in a written decision. Once a final figure is determined (either through settlement or by the GAO), the contracting officer arranges for payment to the protester.

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(4) Settlement. The Air Force may decide to settle a protest. A settlement shall be a formal, written agreement signed by the contracting officer . A settlement shall include the actions the Air Force agrees to such as to take corrective action, pay certain protest costs, produce selected documents, or take other fact-specific actions. In exchange, the protester agrees to withdraw its protest and may waive certain cost entitlements. Settlement of a protest is not a “payoff” to the protester, and is only pursued when doing so is in the best interests of the Air Force considering cost factors and litigation risk. If a settlement is negotiated, the contracting officer shall fax a copy of the signed settlement agreement to AFLOA/JAQ.

(5) Withdrawal. The protester may withdraw the protest, either because of corrective action taken by the Air Force or for other reasons. Once the protester gives notice of withdrawal to the GAO and the GAO concurs, the contracting activity can resume all contractual actions.

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(h) Mandatory Stay of Award or Performance

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(iii) HCA Override

(A) 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) below. The request shall be forwarded through the SCO to SAF/AQCK, safaqck.workflow@pentagon.af.mil within seven days of the protest notification by SAF/AQCK.

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(2) Overriding Stay of Award (protest filed before award)

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(ii) All requests shall include facts that establish the urgent and compelling circumstances that significantly affect the interests of the United States. The request shall explain, if there is an incumbent, why the incumbent’s contract cannot be extended. The request shall explain what other options are available and why those options, if any, are not viable.

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(3) Overriding Stay of Performance (protest filed after award)

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PART 5350
Extraordinary Contractual Actions and the Safety Act

[Revised October 30, 2009]

SUBPART 5350.1 — GENERAL

5350.101 Authority.

The authorities, policies and procedures established in this part are based on the authority of HAF MD 1-10, 8 Apr 09.

SUBPART 5350.102 — DELEGATION OF AND LIMITATIONS ON EXERCISE OF AUTHORITY

5350.102-1-70 Delegations.

(a) The DAS(C) is authorized to deny any request for contract adjustment
under FAR 50 and take any action pursuant to FAR 50.103-2(b) or FAR 50.103-2(c), including the authority to modify or release unaccrued obligations of any sort and to extend delivery and performance dates for amounts not exceeding $55,000.

(c) All requests for relief and all related documents, certifications, correspondence, reports, files and a proposed memorandum of decision shall be forwarded through the appropriate SCO to the approving official.

5350.102-2 Contract adjustment boards.

The Air Force Contract Adjustment Board is authorized to approve any request for contract adjustment that obligates more than $55,000.

SUBPART 5350.103 — CONTRACT ADJUSTMENTS

5350.103-3 Contractor requests.

Follow the Mandatory Procedures at MP5350.103-3 for processing requests for contract adjustments due to Extraordinary Contractual Actions.

5350.103-5 Processing cases.

(b) Air Force Contract Adjustment Board serves as the exclusive point of contact with other military departments, or other departments or agencies of the Government, relative to the exercise of authority under Public Law 85-804.

SUBPART 5350.104 — RESIDUAL POWERS

5350.104-3 Special Procedures for Unusually Hazardous or Nuclear Risks.

5350.104-3(b) Action on Indemnification Requests.

Upon completion of all buying activity and/or SCO coordinations, the contracting officer shall forward the indemnification request to SAF/AQCK for staffing to the SECAF.

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MP5350.103-3

Contractor Requests

[Revised October 30, 2009]

MP5350.103-3 Contractor Requests.

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MP5301.601-91 Air Force Contracting Compliance Inspection Program

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2. Compliance Inspection Program. Senior Contracting Officials (SCO) will manage a MAJCOM/DRU compliance inspection program to include self-inspection and oversight of the MAJCOM contracting inspection program under AFI 90-201, paragraph A3.3.13.2. SCOs must direct all contracting offices to perform a compliance self-inspection in accordance with AFI 90-201, Paragraph 2.4 at least annually for contracting offices. When contracting offices are required by their installation leadership to perform at least annual self-inspection, the SCO will use the results of this inspection. Contracting offices must have a documented program for self-inspection to include a process for closing resolved findings in a timely manner, ensuring an effective level of review necessary to close a finding, and integrating findings and resolutions into the unit training program.

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MP5303.602 Exceptions

Requests for exception to FAR 3.601 shall be signed by the SCO/SCCO and submitted for approval to safaqck.workflow@pentagon.af.mil for Head of the Contracting Activity (HCA) for approval. The SCO/SCCO should review each contract action on a case-by-case basis to ensure no viable alternatives exist and that every effort is made to avoid any conflict of interest between the employees' interests and their government duties. Requests shall address the following:

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(a)(4) J&As for actions exceeding $78.5M will be coordinated with the Deputy Assistant Secretary (Contracting) (DAS(C)) or the Assistant Deputy Assistant Secretary (Contracting) (ADAS(C)) and approved by the Senior Procurement Executive (SPE)(ASAF(A)). The contracting officer should submit justifications requiring approval by the SPE to SAF/AQCK. Allow 30 days for staffing and SPE approval after receipt by SAF/AQCK. The HCA designees at AFFARS 5301.601(a)(i)(A)(1) may authorize solicitation release after the justification is reviewed for adequacy and forwarded to SAF/AQCK. Questions or concerns with regard to processing a J&A for SPE approval should be referred to SAF/AQCK. For additional solicitation release requirements, see AFFARS 5307.104(S-90)(a).

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Chapter 5
DEFINITIONS

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Other Contracting: Those contracting actions (as defined in DFARS 204.670-1), not in a PEO/DAO portfolio, taken to support acquisition programs, maintain and repair fielded weapon systems, and support Air Force operations. The term includes, but is not limited to, contracts for local purchase and other operational support; replenishment spares; programmed depot maintenance; weapon system modifications which do not involve significant development; contractor logistics support; manpower and support; and science and technology (i.e., research, exploratory development or advanced development, and not intended for a system specific application (6.1, 6.2, or 6.3A funds)). This term does not include those efforts or acquisitions that have been assigned to AFPEO/CM. (reference AFFARS 5302.101).

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