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afac2010-1001
AFAC
Air Force Acquisition Circular (AFAC) 2010-1001
October 1, 2010
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 the purpose of brevity. |
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SUBPART 5307.1 — ACQUISITION PLANS
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5307.104-90 Acquisition Strategy Panels (ASP)
(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 < $8M.
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5307.104-92 Air Force Procedures for Acquisition Plans (AP)
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(b) For MAJCOM, DRU, AFISRA, and Other Contracting acquisitions
(1) For acquisitions with a dollar value above the SAT to $8M, contracting officers shall at a minimum prepare a Streamlined Acquisition Strategy Summary (SASS), which must be approved one level above the contracting officer (See IG5307.104-92). At the discretion of the contracting officer, an AP may be prepared for those actions where it would be more appropriate.
(2) APs are to be prepared for acquisitions with a value > $8M. The AP must be approved by the SDO for services acquisitions or for non-services, the SCO. Further guidance for APs covered by this subparagraph is provided at IG5307.104-92.
(3) Actions that do not require a formal/written Acquisition Plan or SASS:
(a) Task/Delivery Orders issued in strict compliance with the terms of the basic contract except non-DoD orders > $8M.
(b) Modifications within the scope of the contract.
(c) Replenishment parts except for those replenishment buys that require design, development, verification testing, and approval before start of production.
(d) Basic Research under funding category 6.1.
(4) Acquisitions less than $8M that require documentation on an AP:
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5307.105 Contents of Written Acquisition Plans
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(c) When selecting acquisitions anticipated to exceed $6.5 million for the 8(a) program, refer to the approval and documentation requirements in AFFARS 5319.803.
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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 $6 million, and less than $100 million, to the HCA delegees in accordance with AFFARS 5301.601(a)(i).
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SUBPART 5308.4 — FEDERAL SUPPLY SCHEDULES
5308.405-6(h) Justification Approvals
(3)(ii)(A) For a proposed task or delivery order exceeding $12.5 million, but not exceeding $85.5 million, and citing the fair opportunity exception at FAR 16.505(b)(2)(ii) or (b)(2)(iii), the justification must be approved by the SCO or SCCO who meets the criteria in FAR 8.405-6(h)(3)(ii). If a MAJCOM/DRU or AFISRA SCO does not meet the criteria in FAR 8.405-6(h)(3)(ii), then the justification must be approved by the Head of the Contracting Activity (HCA) for the Air Force (DAS(C)/ADAS(C)).
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SUBPART 5316.5 — INDEFINITE-DELIVERY CONTRACTS
5316.503 Requirements Contracts
(b)(2) Determinations and congressional notifications for requirements contracts in an amount estimated to exceed $103 million (including all options) must be approved in accordance with AFFARS 5316.504(c)(1)(ii)(D) below and MP5316.504(c)(1)(ii)(D).
SUBPART 5319.8 — CONTRACTING WITH THE SMALL BUSINESS ADMINISTRATION [THE 8(A) PROGRAM]
5319.803 Selecting Acquisitions for the 8(a) Program
(d) When the acquisition is anticipated to exceed $6.5M, the acquisition plan approval authority will make a determination that the requirement is appropriate for the 8(a) program consistent with FAR 19 before it is offered to the SBA under the 8(a) program. The determination may be documented in the acquisition plan or in a separate document approved by the acquisition plan approval authority. If determination is approved separately, it must be noted in the acquisition plan.
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SUBPART 5322.1 — BASIC LABOR POLICIES
5322.101 Labor relations (No Text)
5322.101-1 General
Contracting officers shall involve the Regional Labor Advisors in all labor relation actions outlined in FAR 22, as supplemented. AFI 64-106, Air Force Industrial Labor Relations Activities, identifies the Regional Labor Advisors and their assigned geographical areas.
e) The following contracts require contractors to report actual or potential labor disputes to the contracting activity:
(i) Construction contracts in excess of $150,000
(ii) Service contracts in excess of $150,000
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SUBPART 5350.102 — DELEGATION OF AND LIMITATIONS ON EXERCISE OF AUTHORITY
(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 $65,000.
(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 $65,000.
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MP5305.303
Announcement of Contract Awards
[Revised October 1, 2010]
MP5305.303 Announcement of Contract Awards
The following mandatory procedure is provided to buying offices in preparing 1279 Reports under DFARS 205.303 and Reports of Intent to Award multiyear contracts under AFFARS 5317.191.
(a) The 1279 Report under DFARS 205.303 is used for Congressional notification and public announcement of contract awards, other transactions, grants and cooperative agreements that exceed $6.5 million. Use the 1279 Report Format, tailored where appropriate, when preparing Reports of Intent to Award under AFFARS 5317.191. It is important to remember, however, that the Notice of Intent to Award under AFFARS 5317.191 does not satisfy the requirement for a 1279 Report under DFARS 205.303. Submit the 1279 Report, using control symbol DD-LA-(AR), under DFARS 205.303, to SAF/LLP following the instructions below.
(b) In determining whether a contract action exceeds the $6.5 million threshold under DFARS 205.303, refer only to the face value of the current action. Do not include unexercised options in this calculation. Use the estimated amount of the contract to determine if awards for requirements, time and materials, labor hours, and similar contracts meet the DoD threshold for public announcement. For indefinite delivery/indefinite quantity contracts, use the maximum amount. If multiple awards are being made, and one award meets the threshold, announce all the awards.
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MP5306.304
Other Than Full and Open Competition
[Revised October 1, 2010]
MP5306.304 Approval for the Justification
(a)(1) The Chief of the Contracting Office will approve J&As not exceeding $650K. This authority may be delegated to the contracting officer, consistent with the warrant level of the contracting officer.
(a)(2) J&As for proposed contract actions over $650K but not exceeding $12.5M will be approved by the competition advocate except as follows:
(i) AFSPC: For all organizations other than SMC, HQ AFSPC SCO is the approval authority.
(a)(3) J&As for actions over $12.5M but not exceeding $85.5M will be approved by the head of the procuring activity or designee, except as follows:
(i) 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).
(ii) 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).
(a)(4) J&As for actions exceeding $85.5M 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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MP5316.504(c)(1)(ii)(D)
Limitation on Single Award Contracts
[Revised October 1, 2010]
MP5316.504(c)(1)(ii)(D) Approval of Determination and Finding (D&F) for Single-Award Task or Delivery Order Contracts that Exceed $103M (including all options)
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ADDENDUM —Sample D&F
DETERMINATION AND FINDINGS
AWARD OF SINGLE-AWARD TASK or DELIVERY ORDER CONTRACT
EXCEEDING $103 MILLION FOR [Insert appropriate program identification or name]
FINDINGS:
1. FAR 16.504 prohibits single award contracts for task or delivery order contracts estimated to exceed $103 million unless the head of agency, if no delegation of authority is made, determines in writing that the contract meets one of four exceptions listed in FAR 16.504 (c)(1)(ii)(D)(1).
2. The [insert contracting activity] proposes to purchase [insert description of the item(s)] under a single award task or delivery award contract [insert contract number].
3. The contract will be awarded based on the [clearly identify which exception the program is the basis for the approval].
a. [Describe the circumstance that justifies the use of a task or delivery order contract and alternate contract types that were considered. Discuss why these other contract types were not as appropriate]
b. [Describe the circumstances that preclude the award of a multiple-award, task or delivery order contract. This should be appropriately tailored to the exception being used, but at a minimum, should include alternative acquisition strategies considered, the impact on the program’s delivery or performance schedule, program costs, and mission impact if not allowed to make single award.]
c. The sole source Justification and Approval (J&A) for the [insert program name] was approved on [insert date] and is attached. (if applicable)
DETERMINATION:
Based on the findings above, I hereby determine that the proposed contract meets exception [identify which exception] of FAR 16.504 (c)(1)(ii)(D)(1) and a single award task or delivery order contract estimated to exceed $103 million is authorized.
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IG5306
Other Than Full and Open Competition Justification and Approval
Preparation Guide and Template
[Revised October 1, 2010]
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Chapter 6
J&A TEMPLATES
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USAFE: the CONS commander or the Chief of the Contracting Office will sign the Justification Review Document. For a JRD greater than $12,500,000, include HQ USAFE SCO on the Justification Review Document.
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Coordination and Approval Document
EXAMPLE for J&As up to but not exceeding $650,000
COORDINATION AND APPROVAL DOCUMENT
(also known as Justification Review Document)
CONTRACTING ACTIVITY:
PROGRAM/PROJECT:
AUTHORITY:
ESTIMATED CONTRACT COST:
TYPE J&A: (class or individual)
COORDINATION DATE
______________________________________________________ ______
Program Manager or Requiring Official Signature Block
(Name/Title/Phone Number)
______________________________________________________ ______
Local Legal Signature Block (Name/Title/Phone Number)
APPROVED:
______________________________________________________ ______
Contracting Officer Signature Block (Name/Title/Phone Number)
Coordination and Approval Document
EXAMPLE for J&As from $650,000 to $12,500,000
COORDINATION AND APPROVAL DOCUMENT
(also known as Justification Review Document)
CONTRACTING ACTIVITY:
PROGRAM/PROJECT:
AUTHORITY:
ESTIMATED CONTRACT COST:
TYPE J&A: (class or individual)
COORDINATION DATE
______________________________________________________ ______
Program Manager or Requiring Official Signature Block
(Name/Title/Phone Number)
______________________________________________________ ______
Contracting Officer Signature Block (Name/Title/Phone Number)
______________________________________________________ ______
Legal Reviewer Signature Block (Name/Title/Phone Number)
APPROVED:
______________________________________________________ ______
Competition Advocate Signature Block
(Name/Title/Phone Number)
Coordination and Approval Document
EXAMPLE for J&As from > $12,500,000 to $85,500,000
COORDINATION AND APPROVAL DOCUMENT
(also known as Justification Review Document)
CONTRACTING ACTIVITY:
PROGRAM NAME:
AUTHORITY:
ESTIMATED CONTRACT COST:
TYPE J&A: (class or individual)
COORDINATION DATE
______________________________________________________ ______
Program Manager or Requiring Official Signature Block
(Name/Title/Phone Number)
______________________________________________________ ______
Contracting Officer Signature Block (Name/Title/Phone Number)
______________________________________________________ ______
Legal Reviewer Signature Block (Name/Title/Phone Number)
______________________________________________________ ______
Competition Advocate Signature Block (Name/Title/Phone Number)
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)
Coordination and Approval Document
EXAMPLE for J&As over $85,500,000
COORDINATION AND APPROVAL DOCUMENT
(also known as Justification Review Document)
CONTRACTING ACTIVITY:
PROGRAM NAME:
AUTHORITY:
ESTIMATED CONTRACT COST:
TYPE J&A: (class or individual)
COORDINATION DATE
______________________________________________________ ______
Program Manager or Requiring Official Signature Block
(Name/Title/Phone Number)
______________________________________________________ ______
Contracting Officer Signature Block (Name/Title/Phone Number)
______________________________________________________ ______
Legal Reviewer Signature Block (Name/Title/Phone Number)
______________________________________________________ ______
Competition Advocate Signature Block (Name/Title/Phone Number)
______________________________________________________ ______
PEO, DAO, Director of Contracting, or HPA-designated official
______________________________________________________ ______
Deputy Assistant Secretary (Contracting) (DAS(C))
APPROVED:
______________________________________________________ ______
Senior Procurement Executive Signature Block
(Name/Title/Phone Number)
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 MP5306.304.
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COORDINATION AND APPROVAL DOCUMENT
Contracting Activity: _________________________
Type Program: ________________________ (PEO Program, DAO Program, or Other Contracting) Authority: 10 U.S.C. 2304(c)(___), as implemented by FAR 6.302-___
Contracting Officer: _____________________________ _______________ _____________
Deputy Assistant
Senior Procurement
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IG5307.104-92
Acquisition Planning Documentation Guidance for “Other Contracting”
[Revised October 1, 2010]
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, 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.
a. An AP is a document that provides the overall strategy for accomplishing and managing an acquisition. The plan documents the approach to fill the need, optimize resources, and satisfy policy requirements for a proposed acquisition. An AP should provide sufficient information so that someone unfamiliar with the acquisition will understand what is being proposed; however, the plan need not be lengthy. A concise, clear statement of the facts and rationale supporting the technical and business judgments is all that is necessary.
b. Acquisitions under $8M 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 < $8M may not require as much detail as more complex acquisitions.
c. “Other Contracting” acquisitions with a value of more than $8M require a greater degree of planning driving a need for a more significant document. Accordingly, an “Other Contracting” AP may be prepared using the “Other Contracting” AP Template. The template is a valuable tool because it allows all participants involved in the planning of an acquisition to establish an approach for meeting a government need logically and systematically. The template may be tailored, as necessary, to address the individual acquisition.
d. Although the technical focal point (project lead/program manager) has primary responsibility for preparation of the AP, crafting the strategy and writing the plan should be a team effort with participation by key members such as the contracting officer and functional specialists. Representatives from Finance, Quality, Civil Engineering, Logistics, Safety, Environmental, Legal, and the Small Business Office should be included as part of the planning and documentation process. For those acquisitions over $8M it is also recommended that the local ACE, or SAF/ACE office and headquarters staff be consulted for guidance on complex acquisitions. If a plan proposes other than full and open competition, the competition advocate should also be involved. The process of planning involves significant dialogue with all stakeholders. When conducting the planning process (see AFFARS 5307.104-90), using a complete team of experts will help in vetting all crucial issues and assist in refinement of the plan.
e. The documentation review process facilitates solidification of stakeholder commitment, ensures stakeholder support during plan execution, and the AP preserves a permanent record of decisions made regarding the acquisition strategy, which can be referenced by those who become involved in the future.
2. AP Documentation Approval Authorities.
a. The AP Approval Authority for “Other Contracting” APs greater than $8M 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 $8M is the individual one level above the contracting officer as set forth in AFFARS 5307.104-92(b)(1).
3. Timing. As prescribed in FAR 7.104 acquisition planning should take place and the AP should be developed and submitted to the approving official as soon as the requirement is identified and preferably in advance of preparation of the purchase request unless the acquisition is being conducted under the authority of FAR 6.302-2, unusual and compelling urgency. Nevertheless, the AP approval authority is responsible for facilitating release of the Request for Proposal (RFP) either by approving the AP, or by providing clear separate direction as to release of the RFP, or by clearing the action for the SSA to proceed with release where the SSA is the release authority.
4. “Other Contracting” Acquisition Plan and Streamlined Acquisition Strategy Summary Templates.
For acquisitions greater than $8M but less than the value requiring AFPEO/CM approval, the “Other Contracting” AP Template below may be utilized to document acquisition planning. For acquisitions from the SAT to < $8M the SASS Checklist below may be utilized to document acquisition planning. Some degree of documentation related to acquisition planning for the above categories is required unless specifically waived by the designated AP approval authority.
