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afac2012-1107
AFAC
Air Force Acquisition Circular (AFAC) 2012-1107
November 7, 2012
FOR ADDITIONAL INFORMATION CONTACT:
SAF/AQCP, 1060 Air Force Pentagon, Washington, DC 20330-1060, (571) 256-2387
SUMMARY OF CHANGES
Note: “*****” below indicates that text is omitted for the purpose of brevity.
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5301.170(a)(1) through (b)(3), 5301.201-1(d)(i), 5301.304, 5301.403(b)-(c) and (d), 5301.404(b)(v), 5301.601(a)(i)(B), and 5301.601(a)(ii)(A): Changed “shall” to “must, and deleted redundant language. |
SUBPART 5301.1 — PURPOSE, AUTHORITY, ISSUANCE
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(a)(1) The Contracting Officer must simultaneously provide a copy of the memorandum to DPAP/CPIC in accordance with DFARS PGI 201.170-4(f) and to SAF/AQC, safaqc.workflow@pentagon.af.mil.
(a)(1)(ii) See MP5301.170(a) for procedures applicable to non-competitive acquisitions subject to OSD Phase 1 and Phase 2 Pre-Award peer reviews.
(a)(2) To facilitate planning for peer reviews as described in DFARS 201.170(a)(2), SCO/SCCOs will ensure the rolling peer review forecast data is current in the reporting tool at https://cs.eis.af.mil/airforcecontracting/knowledge_center/Quarterly%20… as of the 15th of March, June, September, and December each year. SAF/AQC will submit the consolidated forecast to DPAP/CPIC at the end of each quarter.
(b)(1) Pre-award peer reviews of solicitations for competitive procurements valued at less than $1 billion must be accomplished by complying with the Clearance requirements in 5301.9001(b).
(2) Pre-award peer reviews for non-competitive procurements valued at less than $500 million must be accomplished by complying with the clearance requirements in 5301.9001(b).
(3) Post-award peer reviews of contracts for services valued at less than $1 billion must be accomplished by complying with the applicable reviews in AFI 63-101, Acquisition and Sustainment Life Cycle Management, Chapter 4.
(d)(i) Proposed revisions to the FAR, DFARS, or AFFARS must be submitted to SAF/AQCP, safaqcp.workflow@pentagon.af.mil in accordance with DFARS 201.201-1(d)(i).
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SUBPART 5301.3 — AGENCY ACQUISITION REGULATIONS
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5301.304 Agency Control and Compliance Procedures
MAJCOMs, DRUs, and AFISRA must follow the approved AF Clause Control Plan available at https://cs.eis.af.mil/airforcecontracting/knowledge_center/Documents/AF…. Further, MAJCOMs, DRUs, and AFISRA must submit procedures and forms that require approval by USD(AT&L)/DPAP to SAF/AQCP, safaqcp.workflow@pentagon.af.mil. The request must include a detailed justification using the format in DFARS 201.201-1. SAF/AQCP will arrange for publication in the Federal Register, if necessary. The requesting activity is responsible for evaluating public comments and preparing the final package for SAF/AQCP to submit to USD(AT&L)/DPAP.
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SUBPART 5301.4 — DEVIATIONS FROM THE FAR
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5301.403 Individual Deviations
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b. Except as described in (c) and (d) below, individual deviation approval authority may only be delegated to a SCCO.
c. Individual deviations from FAR 15.3, AFFARS 5315.3, and MP5315.3 must be approved by SAF/AQC. This approval authority must not be further delegated.
d. Individual deviations from DFARS 215.3 must be approved by USD(AT&L)/DPAP.
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5301.404 Class Deviations
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(v) MAJCOM SCOs are authorized to approve class deviations except as restricted by DFARS 201.4 and paragraphs (iii) and (iv) above. Class deviation approval authority must not be further delegated.
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SUBPART 5301.6 — CAREER DEVELOPMENT, CONTRACTING AUTHORITY, AND RESPONSIBILITIES
5301.601 General
(a)(i) Heads of Contracting Activities (HCAs) Responsibilities.
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(ii) General Contracting Authority.
(A) The DAS(C) and the ADAS(C) are designated the authority to enter into, approve, terminate, and take all other appropriate actions with respect to contracts.
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SUBPART 5301.6 — CAREER DEVELOPMENT, CONTRACTING AUTHORITY, AND RESPONSIBILITIES
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5301.602-2 Responsibilities
(c)(i) Legal Review
(A) Contracting officers must obtain legal advice during all phases of acquisitions. In particular, contracting officers must obtain legal advice, coordination, and review from the supporting legal office for the following situations, regardless of dollar amount:
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(6) Use of liquidated damages provisions in contracts for other than construction
(7) Award fee or award term plans
(8) Source selection decisions and supporting documentation for actions accomplished pursuant to the requirements of MP5315.3
(9) Issues dealing with licensing, technical data rights and patents
(10) Mistakes in bid (See FAR 14.407)
(11) Protests before and after award
(12) Ratifications
(13) Disputes
(14) Contractor claims
(15) Termination for default/cause
(16) Terminations for convenience, except cancellations or terminations of purchase orders
(17) Debarment or suspension actions
(18) Individual or class deviations
(19) Any other legal issue at the discretion of the Contracting Officer or supporting legal office.
(B) All Justifications and Approvals (J&A) requests for actions expected to exceed $650,000
(C) In addition to the general conditions identified in 5301.602-2(c)(i)(A) above, contracting officers must obtain legal review on Operational contract actions and SMC contract actions expected to exceed $500,000 and on AFMC Non-Operational contract actions expected to exceed $1,000,000, as follows:
(1) Solicitations and amendments, except administrative amendments
(2) Proposed contracts and modifications
(3) Orders for supplies or services under indefinite delivery contracts (FAR 16.5) including Federal Supply Schedules (FSS)
(4) Orders under Blanket Purchase Agreements (BPA) established under FSS
(D) Legal review is not normally required for:
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Note: Changes to MP5301.602-2(d) are reflected in MP only and not in the AFAC Summary.
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SUBPART 5301.6 — CAREER DEVELOPMENT, CONTRACTING AUTHORITY, AND RESPONSIBILITIES
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5301.602-3 Ratification of Unauthorized Commitments
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(b) Policy.
(2) Ratification approval authority is delegated as follows (see HCA Reference Matrix):
(A) The SCO/SCCO for actions equal to or greater than $30,000.
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Note: Changes to MP5301.602-3 are reflected in the MP only and not in the AFAC Summary.
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SUBPART 5301.6 — CAREER DEVELOPMENT, CONTRACTING AUTHORITY, AND RESPONSIBILITIES
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MAJCOM/DRU and AFISRA SCOs and SMC and AFMC SCCOs must select and appoint contracting officers and terminate their appointments in accordance with this section and MP5301.603.
(a) An individual selected for contracting officer appointment must be a military member in Air Force Specialty Code (AFSC) 64PX or 6C0X1 or a civilian in the GS-1102 occupational series who occupies a manned authorization listed under these specialty codes/series and who possesses at a minimum, an Intermediate (Level II) Acquisition Professional Development Program (APDP) certification in contracting, except as otherwise authorized below.
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(c) Military personnel in AFSC 64PX and civilians in the GS-1102 or occupational series who occupy a manning authorization listed under these specialty codes/series and who possess a Level I APDP certification in contracting may only be selected for limited warrants for amounts less than $5M. Those contracting personnel who do not possess a Level I APDP certification in contracting (including Purchasing Agents in the GS-1105 series) may, with at least one year of contracting experience, be selected for limited warrants for amounts less than or equal to the SAT.
(d) Local nationals (LN) in an equivalent occupational series to GS-1102 may be selected for a contracting officer appointment in accordance with this section and MP5301.603:
(1) A LN candidate for warrant above the SAT must meet the following minimum functional training, work experience, and formal education requirements:
a. Complete all contracting courses as required for a member of the AT&L Workforce under paragraphs (a) and (c) above for an APDP Level I (or higher) certification in contracting, however, possession of an APDP certificate is not required;
b. Have at least two years of contracting experience; and,
c. Possess a baccalaureate degree (or the equivalent), including at least 24-semester credit hours (or the equivalent) in any of the following disciplines: accounting, business, finance, law, contracts, purchasing, economics, industrial management, marketing, quantitative methods, or organization and management.
(2) An LN candidate for a warrant less than or equal to the SAT must have at least one year of contracting experience.
(b) Issuing authorities identified in 5301.603-1 may delegate the purchase authority described in FAR 1.603-3(b) and DFARS 201.603-3(b), to non-contracting DoD civilian employees and members of the U.S. Armed Forces, such as transportation personnel, medical supply personnel, librarians, and chiefs of construction management, provided:
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5301.670 Appointment of property administrators and plant clearance officers
(a) When the Air Force retains contract administration, the SCCO or COCO must select, appoint, or terminate (in writing) property administrators and plant clearance officers.
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Note: Changes to MP5301.603 are reflected in MP only and not in the AFAC Summary.
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5301.9000(a)(1), 5301.9000(a)(2), 5301.9000(a)(3)-(6), and 5301.9000(b)(3): Editorial changes. |
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5301.9000 Scope and Definitions
(a) This subpart establishes clearance requirements for the contract actions identified below:
(1) An action intended to result in award of any contract or modification of any contract;
(2) An action intended to result in definitization of an undefinitized contract action (UCA), an undefinitized change order, or an undefinitized long lead contract;
(3) An action intended to result in the pricing of:
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(4) An action intended to result in issuance of a modification implementing a unilateral price determination;
(5) Priced orders issued under BOA; and
(6) An action intended to result in the exercise of an option when the option exercise is not in strict accordance with the previously approved pricing arrangement or other contract terms and conditions.
(b) Excluded from business or contract clearances are:
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(3) modifications solely increasing fund obligations under incrementally funded contracts;
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VI |
5301.9001(a)(4), 5301.9001(b), 5301.9001(e), 5301.9001(f), 5301.9001(f)(1)(ii), 5301.9001(f)(3)(i), 5301.9001(f)(5), and MP5301.9001(b): Administrative changes to include changing “shall” to “must” and updates to MP on Multi-Functional Independent Reviews to include deletion of the Annual MIRT Assessment. |
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5301.9001 Policy, Thresholds, and Approvals
(a) The objectives of the business and contract clearance process are to ensure that:
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(4) An independent review and assessment (e.g., by the clearance authority) for the proposed contract action is accomplished.
(b) The clearance approval authority must ensure that the clearance process meets the objectives in paragraph (a) above. The clearance approval authority must use multi-functional independent review teams (MIRT) as an integral component of the clearance process by validating each critical decision point as described in MP5301.9001(b).
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(e) The Source Selection Authority (SSA) must not be the clearance approval authority.
(f) Contract actions meeting the contract value thresholds set below must 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 (3)(i) are authorized.
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(ii) The DAS(C), at his or her discretion, may assume the clearance approval authority for competitive services acquisitions $1B and above. Request for confirmation of the clearance approval authority for these programs must be submitted to SAF/AQC, safaqc.workflow@pentagon.af.mil, 10 working days prior to convening the acquisition strategy panel (ASP) or staffing of the acquisition plan (AP).
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(3) For Operational Contracting (excluding AFRC)
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(i) The SCO or SCCO may assign a clearance threshold in excess of the $2M identified above for a squadron/unit. The threshold assigned must not be greater than $10M or in the case of specialized units, $25M. For unit thresholds above $2M, the squadron commander or equivalent will assign subordinate thresholds within their units. The clearance approval authority must be at least one level above the contracting officer.
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(5) When the SCCO is an SSA, the clearance approval authorities for those acquisitions will be their SCO or deputy. When the SCO or their deputy is the SSA, the clearance approval authority for those acquisitions is ADAS(C). Clearance requests must be sent through SAF/AQC, safaqc.workflow@pentagon.af.mil.
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Note: Changes to the MP5301.9001(b) are reflected in the MP only and not in the AFAC Summary.
VII |
5301.9102(a), 5301.9102(c), 5301.9102(d), 5301.9102(d)(5), 5301.9102(d)(6), and 5352.201-9101: Administrative changes to include changing “shall” to “must.” |
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SUBPART 5301.91--OMBUDSMAN PROGRAM
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(a) MAJCOM and DRU commanders must appoint an experienced senior official who is independent of the contracting officer and program manager as the ombudsman at their MAJCOM/DRU. The AFISRA commander must appoint an experienced senior official who is independent of the contracting officer and program manager as the ombudsman at AFISRA. For AFMC and AFSPC Centers, an ombudsman is required at each Center, instead of at the MAJCOM.
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(c) Contracting officers must identify the ombudsman in the initial announcement of the acquisition as well as in the draft and final RFP.
(d) The ombudsman must:
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(5) Inform the commander, as required, of issues raised and actions taken; for AFMC and AFSPC centers, report only to the Center Commander, Laboratory Commander/Director, or PEO; and for other MAJCOM/DRUs, report only to the MAJCOM CC or PEO;
(6) Review complaints relative to multiple-award task and delivery order contracts awarded under 10 U.S.C. 2304a(d)(1)(B) or 2304b(e) to ensure that all contractors are afforded a fair opportunity to be considered for task and delivery orders in excess of the micro-purchase threshold, consistent with the procedures in the contract;
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5352.201-9101 Ombudsman
As prescribed in 5301.9103, insert the following clause:
OMBUDSMAN (NOV 2012)
(a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the interested party to another official who can resolve the concern.
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(c) If resolution cannot be made by the contracting officer, the interested party may contact the Center/MAJCOM/DRU or AFISRA ombudsmen, [Insert names, addresses, telephone numbers, facsimile numbers, and e-mail addresses]. Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/DRU or AFISRA level, may be brought by the interested party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (571) 256-2397, facsimile number (571) 256-2431.
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VIII |
5303.104, 5303.104-3(c)(1)(ii), 5303.104-4, 5303.104-6, 5303.104-9(b), 5303.204(a), 5303.602, 5303.1003(b)(2)(i), and MP5303: Revised for consistency with the FAR/DFARS, provides updated workflow addresses, and incorporates SAF/AQC Policy Memo 12-C-04 (applicable to 5303.204(a)). |
PART 5303
Improper Business Practices and Personal Conflicts of Interest
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5303.104-3 Statutory and related prohibitions, restrictions, and requirements
(c)(1)(ii) See MP5303.104-5 for individuals authorized to approve resumption of participation in a procurement.
5303.104-4(a) Disclosure, protection, and marking of contractor bid or proposal information and source selection information
Any individuals requiring access to source selection information as a result of participating on a source selection or in the performance of their duties must sign a Source Selection Non-Disclosure Agreement (See MP5315.3, Attachment 1). The Source Selection Non-Disclosure Agreement may be used on an annual basis for individuals who must have access to SSI in the performance of their official duties throughout the year, whether or not they participate as part of the actual source selection team.
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(b) If information received under FAR 52.203-10, Price or Fee Adjustment for Illegal or Improper Activity, indicates that a price or fee adjustment may be appropriate, the contracting officer must submit notification to SAF/GCR, safgcr.workflow@pentagon.af.mil.
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5303.204 Treatment of violations
(a) SAF/GCR is authorized to conduct hearings and make findings of fact in accordance with FAR 3.204(a). If a hearing is held, SAF/GCR will provide recommendations to ASAF(A) or the Principal Civilian or Military Deputy.
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5303.602 Exceptions
Follow MP5303.602 for exceptions to FAR 3.601.
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(b)(2)(i) Upon receipt of the required disclosure or any notification, contracting officers, working with legal counsel, must ensure that appropriate steps are taken to preserve remedies available to the government. Contracting officers also must consider how the disclosed information may impact pending contract actions in terms of the contractor’s present responsibility and/or the contractor’s past performance. The contracting officer must promptly provide a copy of any disclosure or notification received to SAF/GCR, safgcr.workflow@pentagon.af.mil using the procedures at 5309.406-3.
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Note: Changes to the MP5306.304 are reflected in the MP only and not in the AFAC Summary.
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5306.102, 5306.202(b)(1), 5306.302-2(c)(1), 5306.302-4(c), 5306.303, 5306.303-1(a), 5306.303-2, 5306.304, MP5306.304, and IG5306 (Deleted): Revised to align with FAR/DFARS. IG5306 is deleted and will become a J&A Preparation Guide and Template. |
5306.202 Establishing or Maintaining Alternative Sources
(b)(1) The Life Cycle Management Plan (LCMP) / Acquisition Plan (AP) / Acquisition Strategy approval authority is authorized to sign and approve the Determination and Findings (D&F) required by FAR 6.202(b)(1).
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5306.302-2 Unusual and Compelling Urgency
(c)(1) Contracting Officers must notify SAF/AQC, safaqc.workflow@pentagon.af.mil, as soon as practicable when contemplating the use of this authority for J&As requiring Senior Procurement Executive (SPE) approval.
(d)(1)(ii) The Deputy Assistant Secretary (Contracting) (DAS(C)) and the Associate Deputy Assistant Secretary (Contracting) (ADAS(C)) are the authority to make this determination for the Air Force. This authority is not further delegated.
5306.302-4 International Agreement
(c) Limitations. The document referred to in DFARS 206.302-4(c) should be titled, “International Agreement Competitive Restrictions (IACR).” The authority to prepare IACRs is delegated from the HCA to the contracting officer. The contracting officer must include the IACR and a copy of the associated Letter of Offer and Acceptance in the contract file.
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(a) Solicitations for other than full and open competition will not be released until the justification has been approved, except as provided by FAR 6.302-2(c)(1) and MP5306.304.
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See the Justification and Approval Documentation template for J&A content and a list of recommended coordinating officials.
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5306.304 Approval of the Justification
See MP5306.304.
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Note: Changes to MP5306.304 are reflected in MP only and not in the AFAC Summary.
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5307.104(a)-(b), 5307.104(S-90), 5307.104(S-91)(a)-(c), 5307.104-90(a)-(d), 5307.104-91(a)-(c), 5307.104-92(a)-(c), 5307.104-93, 5307.105, 5307.170-3(a)(3)(i)-(iv), IG5307.104-92 (Deleted), and IG5307.104-93 (Deleted): Changed “shall” to “must”, editorial changes to ASP and Acquisition Plan procedures, and revisions to ASP/Acquisition Plan threshold. IG5307.104-92 is deleted and will become an Acquisition Planning Guide for “Other Contracting,” an Acquisition Plan Template for “Other Contracting” and a Template for a Streamlined Acquisition Strategy Summary. IG5307.104-93 is deleted as the information is posted in a separate location |
(a) In order to help develop a sound acquisition strategy, the acquisition team must provide appropriate opportunities for the early involvement of industry in all acquisitions and the Defense Contract Management Agency and Defense Contract Audit Agency in non-competitive acquisitions.
(b) See the Strategic Sourcing Enterprise Sourcing Group website (https://cs.eis.af.mil/airforcecontracting/strategicsourcing/default.aspx) for general guidance on how to implement and operate commodity councils.
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(S-90)
(a) Solicitation Release
(1) For ACAT programs, see AFI 63-101 (paragraph 3.39.2.8) and DoDI 5000.02.
(2) For all other acquisitions, the contracting officer must not release the formal solicitation until the approval official has approved the AP unless the acquisition is being conducted pursuant to the authority of FAR 6.302-2, unusual and compelling urgency.
(3) For any competitive acquisition, see FAR 15.303.
(b) Changes. If a change occurs to the program/acquisition that significantly affects the acquisition, the program manager with the assistance of the contracting officer must prepare a revised AP and a statement that summarizes the changes and obtain the approval from the appropriate approval authority.
5307.104-90 Acquisition Strategy Panels (ASP)
(a) General requirements
(1) ASPs should take place as early as possible in the acquisition planning process to develop a systematic and disciplined approach to achieve an efficient/effective acquisition.
(2) The program manager, or the contracting officer if a program manager is not assigned, must conduct an ASP for all ACAT programs and AFPEO/CM acquisitions.
(3) For Other Contracting acquisitions, ASPs must be convened for all acquisitions requiring an AP. The ASP chairperson may establish streamlined ASP procedures for acquisitions <$10M.
(4) For Commodity Council acquisitions, the Commodity Council Director must conduct an ASP.
(5) The ASP chairperson is authorized to waive the requirement for an ASP.
(b) ASP chairpersons
Acquisition Strategy Panels | ||
Acquisition Type |
ASP Chairperson | |
ACAT or Special Designated Programs |
See AFI 63-101 | |
AFPEO/CM Acquisitions |
PEO unless delegated | |
Other Contracting - Supplies |
SCO or designee | |
Other Contracting - Services |
Services Designated Official (SDO) or designee; when no SDO, the SCO/SCCO or designee | |
Commodity Council
|
SCO or designee | |
(c) ASP membership and content. The ASP chairperson must determine the panel membership and the required content for each ASP that he/she chairs based on the unique requirements of each acquisition.
(d) ASP minutes. At the conclusion of the ASP, the program manager, contracting officer, or Commodity Council Director must prepare ASP minutes and obtain approval from the ASP Chairperson.
5307.104-91 Air Force Procedures for Life Cycle Management Plans (LCMP)
See AFI 63-101, paragraph 3.39 for requirements for LCMPs for all ACAT programs. AFPAM 63-128 provides an LCMP template and detailed guidance on content, review, and approval requirements.
5307.104-92 Air Force Procedures for Acquisition Plans (AP)
For MAJCOM, DRU, AFISRA, and Other Contracting acquisitions
MAJCOM, DRU, AFISRA, Other Contracting | ||
Supplies / Services |
Document |
AP Approval Authority |
Supplies > $10M |
Acquisition Plan |
SCO/SCCO |
Services > $10M
|
Acquisition Plan |
SDO or designee; when no SDO, the SCO/SCCO or designee |
Services > $10M
|
Acquisition Plan |
PEO unless designated
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Commodity Council
|
Acquisition Plan |
SCO or designee |
> SAT < $10M |
Streamlined Acquisition Strategy Summary (SASS)* |
1 level above CO |
*AP may be prepared at the discretion of the CO or the approval authority for those actions where it would be more appropriate. | ||
(1) Actions that do not require an AP or SASS:
(a) Task/delivery orders issued in strict compliance with the terms of the basic contract except non-DoD orders > $10M.
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(2) Acquisitions less than $10M that require AP documentation:
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(d) Acquisitions being conducted as an AFFARS 5315.3 source selection. When the SSA is the contracting officer, a SASS may be used in lieu of an AP.
(3) AFMC and AFSPC for SMC may establish alternate Other Contracting AP procedures and thresholds for non-operational contracting actions up to the thresholds in DFARS 207.103(d)(i).
5307.105 Contents of Written Acquisition Plans
See Template for “Other Contracting” Acquisition Plan.
5307.170-3 Policy and Procedures
(a)(3)(i) The DAS)(C) or 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)(A)(1).
(iii) The determination must include the acquisition strategy information required in DFARS 207.170-3.
(iv) The determination may be included in an AS/LCMP/Commodity Sourcing Strategy/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 document.
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XI |
5313.000, 5313.003, 5313.106-1(b), 5313.106-2, 5313.106-2(b)(3), 5313.2, 5313.201(g)(1), 5313.301, and IG5313: Deleted obsolete and redundant language, revised for consistency with the FAR, added appropriate cross references, and updated BPA procedures. |
PART 5313
Simplified Acquisition Procedures
Informational guidance on soliciting from a single source and Blanket Purchase Agreements is available at IG5313, Simplified Acquisition Procedures.
5313.106-2 Evaluation of Quotations or Offers
(b) Evaluation procedures.
(3)(ii)(C) When evaluating past performance in competitive, negotiated acquisitions of less than $5M for commodities, contracting officers must utilize the government-wide Past Performance Information Retrieval System - Statistical Reporting (PPIRS-SR).
SUBPART 5313.2 – ACTIONS AT OR BELOW THE MICRO-PURCHASE THRESHOLD
(g)(1) Refer to the procedures at AFFARS 5318.201(1)(B); the HCA has delegated this responsibility to no lower than the chief of the contracting office (see 5301.601(a)(i)(A)(1)).
SUBPART 5313.3 – SIMPLIFIED ACQUISITION METHODS
5313.301 Government-wide Commercial Purchase Card
See AFI 64-117, Air Force Government-wide Purchase Card (GPC) Program.
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XII |
5316.101, 5316.401(d), 5316.401(e)(3)(i); 5316.404, 5316.405-2, 5316.601(d)-90, and 5316.603: Administrative changes . |
SUBPART 5316.4 — INCENTIVE CONTRACTS
(d) The DAS(C) delegates approval of the determination and finding required to justify that the use of an incentive or award-fee contract is in the best interest of the Government to the MAJCOM/DRU and AFISRA 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). This authority may not be further delegated.
(e)(3)(i) The PEO/DAO is the Fee Determining Official for the PEO/DAO assigned programs. For Other Contracting, the HCA (see HCA Reference matrix) will designate the Fee Determining Official. The PEO/DAO or HCA (see HCA Reference matrix) 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. .
5316.404 Fixed-Price Contracts with Award Fees
(a) See 5316.401(e)(3)(i) above.
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XIII |
5316.503, 5316.504(c)(1)(ii)(D), 5316.505-70, 5316.505-90, 53163601(d), 5316.603, and MP5316.504(c)(1)(ii)(D): Incorporates SAF/AQC Policy Memo 12-C-01, DFARS Case 2012-D020, and administrative changes. |
5316.503 Requirements Contracts
(b)(2) Determinations for requirements contracts in an amount estimated to exceed $103M (including all options) must be approved in accordance with paragraph 5316.504(c)(1)(ii)(D) below and MP5316.504(c)(1)(ii)(D).
5316.504 Indefinite-Quantity Contracts
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(c)(1)(ii)(D) Limitation on single award contracts.
For determination and findings requirements see MP5316.504(c)(1)(ii)(D).
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5316.505-70 Orders Under Multiple Award Contracts
(b) See AFFARS 5308.405-6(d) for the approving officials for a proposed task or delivery order using the fair opportunity exceptions at FAR 16.505(b)(2).
5316.505-90 Decentralized Ordering
For contracts that authorize decentralized ordering (i.e., ordering by a contracting office at any other location), the contracting officer with overall responsibility for the contract must:
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SUBPART 5316.6 — TIME-AND-MATERIALS, LABOR-HOUR, AND LETTER CONTRACTS
5316.601(d) Limitations
(d)(ii)(B)(2)(ii) Determinations and Findings (D&F) for Time-and-Materials contracts and orders under Indefinite-Delivery contracts for services above $1M (including all options) must be approved by the Chief of the Contracting Office.
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Note: Changes to 5316.504(c)(1)(ii)(D) are reflected in the MP only and not in the AFAC Summary
XIV |
5317.105(b), 5317.190, 5317.191, 5317.171, 5317.172, and 5317.174: Administrative changes to include renumbering to be consistent with DFARS and added language due to determination and notification requirements in DFARS. |
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SUBPART 5317.1 — MULTI-YEAR CONTRACTING
5317.105(b) General
Before entering into any multi-year contract, the contracting officer must review current statute and other Congressional language for potential restrictions.
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The contracting officer must provide the congressional notification described in DFARS 217.170(e)(1), using the 1279 format in MP5305.303, to SAF/AQC, safaqc.workflow@pentagon.af.mil, 40 days before the planned contract award date, with an information copy to SAF/FMBL, saffmblworkflow@pentagon.af.mil and SAF/LLP, safllpconannounc@pentagon.af.mil. SAF/AQC will notify the DoD offices listed in DFARS 217.170(e)(4). This congressional notification does not fulfill the requirement to announce contract awards in accordance with FAR 5.3, as supplemented.
5317.171 Multiyear Contracts for Services
(c) The contracting officer must provide the determination described in DFARS 217.171(c) to SAF/AQC, safaqc.workflow@pentagon.af.mil for approval processing.
5317.172 Multiyear Contracts for Supplies
(e)(2) The contracting officer must provide the determination described in DFARS 217.172(e)(2) to SAF/AQC, safaqc.workflow@pentagon.af.mil for approval by the HCA.
(g) The contracting officer must provide the information supporting the determination as described in DFARS 217.172(g)(vii) and (viii) to SAF/AQC, safaqc.workflow@pentagon.af.mil for approval processing.
(g)(8) When the condition in DFARS 217.172(g)(8) exists, the contracting officer must provide the required information to SAF/AQC, safaqc.workflow@pentagon.af.mil for approval processing.
5317.174 Multiyear Contracts for Electricity from Renewable Energy Sources
(b) The contracting officer must provide the determination described in DFARS 217.174(b) to SAF/AQC, safaqc.workflow@pentagon.af.mil for approval processing.
XV |
5317.204(e)(i)(A), 5317.204(e)(i)(C), and 5317.204(e)(iv): Administrative changes and added language to implement DFARS requirement in 217.204(e)(i)(C). |
(e)(i)(A) The Life Cycle Management Plan (LCMP)/Acquisition Plan (AP) approval authority has the authority to approve contract periods in excess of five years, unless otherwise restricted by statute. If a LCMP/AP is not required, the contracting officer has the authority to approve contract periods in excess of five years, unless otherwise restricted by statue.
(e)(i)(C) SAF/AQ must make the determination. Requests for approval must be submitted to SAF/AQC, safaqc.workflow@pentagon.af.mil.
(e)(iv) Requests for approval must be submitted to SAF/AQC, safaqc.workflow@pentagon.af.mil, 30 days prior to issuing an order.
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XVI |
5317.5, 5317.500, 5317.503, 5317.504, and MP5317.5: Administrative changes to be consistent with FAR/DFARS. |
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SUBPART 5317.5 — INTERAGENCY ACQUISITIONS
See MP5317.502-2 for processing interagency acquisitions under the Economy Act.
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Note: Changes to MP5317.5 are reflected in the MP only and not in the AFAC Summary.
XVII |
5317.7402, 5317.7404, 5317.7404-5, 5317.7406, and MP5317.74: Administrative changes to be consistent with numbering in DFARS. |
(a) See IG5317.7402 when contracting for long-lead items initiated with advance procurement funds. Follow DFARS 217.74 when contracting for long-lead items procured with other than advance procurement funds.
(b) See MP5317.74 for notification requirements.
(c) When procurement funds must be added to an undefinitized long-lead procurement contract issued with advance procurement funds prior to definitization, follow the procedures at DFARS 217.74, as supplemented.
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(b) The authority to grant waivers to the limitations set out in DFARS 217.7404-2, 217.7404-3, and 217.7404-4 pursuant to DFARS 217.7404-5 (b) is wholly retained by the DAS(C) or ADAS(C). Requests for waivers of these limitations must be submitted to SAF/AQC, safaqc.workflow@pentagon.af.mil with appropriate justification for consideration.
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5317.7406 Contract Clauses
Contracting officers must insert the clause at 5352.217-9000, Long Lead Limitation of Government Liability, in all long-lead procurement solicitations and contracts initiated with advance procurement funds.
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Note: Changes to MP5317.74 are reflected in the MP only and not in the AFAC Summary.
XVIII |
5317.7802, 5317.7802-1, and MP5317.78: Administrative changes to delete redundant language and be consistent with DFARS. |
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SUBPART 5317.78 — CONTRACTS OR DELIVERY ORDERS ISSUED BY A NON-DOD AGENCY
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Note: Changes to MP5317.78 are reflected in the MP only.
XIX |
5318.001, 5318.104, 5318.201(1)(a), 5318.201(1)(b), 5318.201(9), 5318.201(S-90), 5318.201(S-91), 5318.203, and 5318.271(S-90): Administrative changes to add definition for CCO, delete redundant language, add DODAAC information, and identify that HQ ACC/A7K is the HCA designee for AFCENT for all delegable HCA responsibilities. |
PART 5318
Emergency Acquisitions
SUBPART 5318.000 – SCOPE OF PART
A Contingency Contracting Officer (CCO) is a person with contracting authority to enter into, administer, and terminate contracts on behalf of the Government in support of a local contingency, steady-state deployments, or other contingency operations. The CCO also acts as the primary business advisor to the deployed/incident commander or the Emergency Operations Center (EOC) director.
SUBPART 5318.2 — EMERGENCY ACQUISITION FLEXIBILITIES
5318.201 Contingency Operations
(1)(a) The following describes procedures for the selection, appointment, and termination of contingency contracting officers.
(i) Selection for a CCO Warrant.
a. Completed CCO Appointment/Termination Request. Review the completed template consistent with AFFARS MP5301.603, paragraph 3.2.
b. Appoint CCOs consistent with AFFARS MP5301.603, paragraph 4.1.
1. Candidates for CCO warrants for less than or equal to the simplified acquisition threshold (SAT) require at least one year of contracting experience.
2. Candidates for CCO warrants above the SAT to less than $5M must have a minimum of two years of contracting experience and a Level I APDP certification in contracting.
3. Candidates for CCO warrants above $5M must have a minimum of two years of contracting experience and a Level II or higher APDP certification in contracting.
(ii) CCO Appointments. MAJCOM/DRU and AFISRA SCOs and SMC and
AFMC SCCOs must select and appoint CCOs and terminate their appointments in accordance with this section.
a. AFMC SCCOs may delegate this authority to the highest contracting official in the contracting chain at geographically separated organizations and AFRL detachments, but in no event will the designee be lower than a GS-15 (or equivalent) or 0-6.
b. MAJCOM/DRU and AFISRA SCOs may delegate authority to issue CCO warrants of less than $5M and terminate appointments of less than $5M, but in no event will the designee be lower than the Contracting Squadron Commander, Deputy, or equivalent.
c. ACC/A7K is the warranting authority for AFCENT CCOs.
(iii) Review of CCO warrants must be accomplished annually to ensure CCO training currency and to evaluate limitations set forth on the SF1402.
(iv) Termination of CCO warrants must be accomplished when the CCO permanently changes duty station.
(b) For delegation of Head of the Contracting Activity (HCA) authority regarding 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 5301.601(a)(i)(A)(1).
(S-90) For Air Force Contingency readiness policies, responsibilities and implementing procedures, see AFFARS Appendix CC.
(S-91) Assign and maintain DoD Activity Address Codes (DoDAACs) for deployed forces within the area of responsibility, as required (see DFARS 204.70).
5318.271 Head of contracting activity determinations.
(S-90) HQ ACC/A7K is the HCA designee for AFCENT for all delegable HCA responsibilities. (See AFFARS 5301.601(a)(i)(A)(1)).
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XX |
5319.201(a), 5319.201(d)(10)(B), 5319.201(d)(10), 5319.201(d)(11), 5319.505, 5319.705-2(c), 5319.705-4(d)(7), 5319.803, 5319.810 and MP5319: Changed “shall” to “must”, and modified to align with FAR and DFARS and to clarify procedures for SBA appeals. |
PART 5319
Small Business Programs
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(d) Refer to AFI 64-201, Small Business Programs for Air Force Small Business Program requirements.
(d)(10)(B) Small business specialists are required to review all acquisitions expected to exceed $10,000 (to include awards against GSA instruments but excluding awards under the Small Business Innovation Research/Small Business Technology Transfer Programs). Document review on the DD Form 2579, Small Business Coordination Record. Except for AFMC and AFSPC, forward a copy of all completed DD Forms 2579 in excess of $1,000,000 to the MAJCOM/DRU or AFISRA Director of Small Business prior to convening an Acquisition Strategy Panel or prior to finalizing the Acquisition Strategy if an ASP is not convened.
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SUBPART 5319.5 — SET-ASIDES FOR SMALL BUSINESS
5319.505(b) Rejecting Small Business Administration Recommendations
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5319.705-2 Determining the Need for a Subcontracting Plan
(c) The small business specialist must review and coordinate in writing on any determination made by the contracting officer that no subcontracting possibilities exist.
5319.705-4 Reviewing the Subcontracting Plan
(d)(7) The contracting officer must obtain the written coordination of the small business specialist prior to contractually incorporating a subcontracting plan.
SUBPART 5319.8 — CONTRACTING WITH THE SMALL BUSINESS ADMINISTRATION [THE 8(A) PROGRAM]
5319.810 SBA Appeals
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Note: Changes to MP5319 are reflected in the MP only and not in the AFAC Summary.
XXI |
5323.803, 5323.804-90, 5323.9001, 5352.223-9000, and 5352.223-9001: Administrative changes to delete redundant language and correct numbering. |
PART 5323
Environment, Energy and Water Efficiency, Renewable Energy Technologies, Occupational Safety, and Drug-Free Workplace
(a) Requiring activities must obtain approval in accordance with AFI 32-7086, Hazardous Materials Management, Chapter 4, before a specification or standard that requires the use of a class I ozone-depleting substance (ODS), or that can be met only through the use of an ODS, is authorized in any solicitation or contract/order.
5323.804-90 Contract Clauses
Include AFFARS clause 5352.223-9000 in all solicitations and contracts/orders unless the requiring activity obtains the approval IAW paragraph (a) above. If approval is obtained, the contracting officer must instead use FAR clause 52.223-11.
SUBPART 5323.90 — HEALTH AND SAFETY ON GOVERNMENT INSTALLATIONS
The contracting officer must insert AFFARS clause 5352.223-9001 in solicitations and contracts, other than for construction, which requires performance on a Government installation.
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5352.223-9000 Elimination of Use of Class I Ozone Depleting Substances (ODS)
As prescribed in 5323.804-90, insert the following clause in solicitations and contracts:
ELIMINATION OF USE OF CLASS I OZONE DEPLETING SUBSTANCES (ODS) (NOV 2012)
(a) Contractors shall not:
(1) Provide any service or product with any specification, standard, drawing, or other document that requires the use of a Class I ODS in the test, operation, or maintenance of any system, subsystem, item, component, or process; or
(2) Provide any specification, standard, drawing, or other document that establishes a test, operation, or maintenance requirement that can only be met by use of a Class I ODS as part of this contract/order.
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5352.223-9001 Health and Safety on Government Installations
As prescribed in 5323.9001, insert the following clause in solicitations and contracts:
HEALTH AND SAFETY ON GOVERNMENT INSTALLATIONS (NOV 2012)
(a) In performing work under this contract on a Government installation, the contractor shall:
(1) Take all reasonable steps and precautions to prevent accidents and preserve the health and safety of contractor and Government personnel performing or in any way coming in contact with the performance of this contract; and
(2) Take such additional immediate precautions as the contracting officer may reasonably require for health and safety purposes.
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XXII |
5325.1, 5325.8, 5325.870, 5325.1002,5325.7002, 5325.7002-2, 5325.7003, 5325.7003-3(b), 5325.7003-3(c), MP5325, MP5325.7002-2, and MP5325.7003-3: Administrative changes to delete redundant language, change “shall” to “must”, incorporate workflow addresses, and delete requirement for contracting with Canadian contractors. |
SUBPART 5325.1 — BUY AMERICAN - SUPPLIES
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5325.1002 Use of Foreign Currency
The contracting officer must insert the provision at AFFARS 5352.225-9004 when offerors are given a choice of submitting offers in United States dollars or in a currency other than United States dollars. When purchase requests and contracts are expressed in foreign currency, the rate of exchange to be used in determining any applicable acquisition thresholds and authorities will be the current Foreign Currency Fluctuation Defense (FCFD) budget rate, available at http://comptroller.defense.gov/fcfr.html#2012, for the applicable currency.
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Exceptions for Food, Clothing, Fabrics, and Hand or Measuring Tools. When the Contracting Officer determines through market research, that an article or suitable substitute is not available from a domestic source, the Contracting Officer must submit a Domestic Non-availability Determination (DNAD) following the format in AFFARS MP5325.7002-2. The DNAD must be coordinated through SAF/AQC, safaqc.workflow@pentagon.af.mil, for approval by the Secretary of the Air Force. The authority of the Secretary of the Air Force to make determinations in accordance with DFARS 225.7002-2 is not delegable.
5325.7003-3 Exceptions
(b) Exceptions for Specialty Metals. When the Contracting Officer determines, through market research, that a specialty metal melted or produced in the United States or its possessions cannot be procured in satisfactory quality and sufficient quantity, and in the required form, as and when needed, follow the format in AFFARS MP5325.7003-3, Addendum 1, when submitting a request for Domestic Nonavailability Determination (DNAD). The DNAD must be coordinated through SAF/AQC, safaqc.workflow@pentagon.af.mil, for approval by the Secretary of the Air Force. The authority of the Secretary of the Air Force to make determinations in accordance with DFARS 225.7003-3 is not delegable.
(c) Exceptions for Commercial Derivative Military Articles (CDMA). When a contractor or offeror submits a “Commercial Derivative Military Article-Specialty Metals Compliance Certificate” (DFARS 252.225-7010) for streamlined compliance for Commercial Derivative Military Articles, the Secretary of the Air Force must determine that the item is a CDMA as defined at DFARS 252.225-7009 before using the rules for streamlined compliance for CDMA. The contracting officer must follow the procedures in DFARS 225.7003-3 and submit Determination and Findings following the format in AFFARS MP5325.7003-3, Addendum 2.
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Note: Changes for MP5325, MP5325.7002-2, and MP5325.7003-3 are reflected in the MPs only and not the AFAC Summary.
XXIII |
5328.106, 5328.106-2(a), 5328.305(d), 5328.310, 5328.310-90, 5328.228-9101, and MP5328.305: Administrative changes to include changing “shall” to “must.” |
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5328.106-2 Substitution of Surety Bonds
(a) The Chief of the Contracting Office is authorized to approve substitution of a new surety bond in accordance with FAR 28.106-2(a).
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5328.305 Overseas Workers Compensation and War Hazard Insurance
(d) Submit waiver requests to the SAF/AQC Labor Advisor at safaqca.workflow@pentagon.af.mil.
5328.310 Insurance -- Work on a Government Installation
(a) See AFFARS MP5328.310 for contracts that include FAR 52.228-5.
5328.310-90 Additional Contract Clause
Contracts performed in Spain. The contracting officer must insert the clause at 5352.228-9101, Insurance Certificate Requirement in Spain (USAFE), in all solicitations and contracts for services to be performed in Spain by other than U.S. or Spanish contractors (i.e., a Third Country National (TCN) contractor).
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5352.228-9101 Insurance Certificate Requirement in Spain (USAFE)
As prescribed at 5328.310-90, insert the following clause in solicitations and contracts:
INSURANCE CERTIFICATE REQUIREMENT IN SPAIN (USAFE) (OCT 2012)
(a) Below follows the Insurance Certificate required for any Third Country National (TCN) contractor, other than U.S. or Spanish, required for use under this contract. The certificate is provided to standardize base access procedures. It must be completed and signed by the policyholder and the insurer.
(b) The amount of coverage minimum is 90,151.82 Euros per insured party (personal injury), 60,101.21 Euros per accident (property damage), and 6, 010.12 Euros security deposit for legal fees. In all cases the amount of coverage, if different from the above amounts, will be determined by the insurer, except in situations where the minimum coverage applies.
(c) The request for base access and the insurance certificate should be processed in accordance with DoD Foreign Clearance Guide instructions for Spain, available at www.fcg.pentagon.mil.
(d) Complete the following certification:
INSURANCE CERTIFICATION
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Note: Changes to MP5328.305 are reflected in the MP only and not in the AFAC Summary.
XXIV |
5332.3, 5332.702-90, and MP5332: Administrative changes to delete redundant language and change “shall” to “must.” |
*****
*****
SUBPART 5332.4 — ADVANCE PAYMENTS FOR NON-COMMERCIAL ITEMS
*****
Note: Changes to MP5332 are reflected in the MP only and not in the AFAC Summary.
XXV |
5333.090, 5333.103(d)(3)-(4), 5333.103(h), 5333.190(b), 5333.214, 5333.290, 5333.291(a)-(c), 5333.292(b)-(c), 5333.292(e), 5333.293(b)-(c), and MP533.104: Administrative changes to delete redundant language, change “shall” to “must”, and provide additional direction. |
PART 5333
Protests, Disputes, and Appeals
The acquisition team must use alternative means of dispute resolution to the maximum extent practicable. Alternate Disputes Resolution (ADR) must also be used to resolve protests to the maximum extent practicable. The acquisition team must attempt to use ADR prior to the commencement of litigation once unassisted negotiations have reached an impasse. Further, ADR must 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.
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 must 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 must request guidance from SAF/AQC, safaqc.workflow@pentagon.af.mil, for any protest likely to generate significant Congressional interest
(4) When an agency protest is denied, an offeror may request an independent review by the SCO/SCCO.
(h) The decision to deny a protest must be made at a level no lower than that at which the protest was filed. Protests may be sustained at any level in the review process, with the concurrence of the cognizant legal office.
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5333.190 Protests to the United States Court of Federal Claims (USCFC)
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(b) The contracting officer must inform AFLOA/JAQ of any notice of protest at the USCFC and provide support as requested by AFLOA/JAQ. Also notify the SCO/SCCO and the supporting field legal office.
SUBPART 5333.2 — DISPUTES AND APPEALS
5333.214 Alternate Dispute Resolution (ADR)
For ACAT I and II programs, the contracting officer must establish an agreement between the Government and the contractor, such as a memorandum of understanding, that outlines the intent of the parties with respect to the use of ADR. Contracting officers must consider establishing ADR agreements for other programs and acquisitions.
5333.291 Claims and Terminations for Default
(a) If a contractor submits an uncertified claim exceeding $100,000, the contracting officer must notify the contractor, in writing, of its failure to certify as required by the Contract Disputes Act (41 U.S.C. 601-613). The notice must state that a final decision will not be issued until the claim is certified.
(b) Prior to making a final decision on a claim or termination for default, the contracting officer must refer the proposed final decision to the cognizant legal office for legal advice, ADR suitability, and appropriate dispute resolution strategies. The contracting officer, with the assistance of the cognizant legal office, must seek review by AFLOA/JAQ of all proposed final decisions. At the same time, the contracting officer must provide SAF/GCD with any proposed final decision on a claim involving PEO programs, any proposed final decision on a claim greater than $500,000, or any proposed termination for default with estimated excess reprocurement costs greater than $500,000.
(c) The contracting officer must use ADR to the maximum extent practicable to resolve an Air Force affirmative contract claim (such as defective pricing, liquidated damages, etc.) when unassisted negotiations reach an impasse as determined by the SCO or SCCO. The contracting officer must provide to AFLOA/JAQ, with a copy to SAF/GCD, any audit or other findings indicating Air Force entitlement to recovery greater than $500,000 where unassisted negotiations have reached an impasse, in order to develop a dispute resolution strategy. Government claims must be formally asserted [issuance of a Contracting Officer’s Final Decision (FAR 33.206)] within 6 years after the accrual of the claim.
5333.292 Appeals to the Armed Services Board of Contract Appeals (ASBCA)
(a) AFLOA/JAQ represents the Air Force in appeals to the ASBCA.
(b) If the contractor files an appeal with the ASBCA, the contracting officer must forward to AFLOA/JAQ and the cognizant legal office a copy of any notice of appeal to the ASBCA, along with the envelope in which the notice was received. If the contractor files an appeal with the contracting officer instead of the ASBCA, the contracting officer must immediately notify AFLOA/JAQ of the date the appeal was received and forward to AFLOA/JAQ and the cognizant legal office a copy of the appeal and a copy of the envelope in which the appeal was received. The contracting officer must forward the original appeal and envelope to the ASBCA.
(c) The contracting officer must prepare a “Rule 4 file” for any appeal to the ASBCA in accordance with Rule 4 of the ASBCA rules (see DFARS Appendix A, Part 2). The contracting officer must consult with AFLOA/JAQ before including in the Rule 4 file any legal opinions or intra-governmental or inter-governmental documents as described in DoD Regulation 5400.7, DoD Freedom of Information Act Program; the Air Force Supplement to DoD 5400.7-R; and FAR 24.2.
(d) While an appeal is pending, the contracting officer along with the program manager/user/functional Commander and SJA will support the assigned trial attorney as required including; identifying and locating government witnesses, gathering contractual documents and other physical evidence for conferences and hearings necessary to defend or otherwise dispose of an appeal.
(e) The contracting officer must obtain approval from the AFLOA/JAQ trial attorney assigned to the appeal prior to releasing the Rule 4 file. After such approval, the contracting officer must simultaneously mail copies of the Rule 4 file to the ASBCA (Recorder), the contractor, and AFLOA/JAQ. The contracting officer must not provide contractors, or their representatives, access to any Government files or documents, other than the Rule 4 file, without approval from AFLOA/JAQ.
5333.293 Appeals to the United States Court of Federal Claims (USCFC)
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(b) The contracting officer must notify the cognizant legal office of any notice of appeal to the USCFC. The cognizant legal office must forward a copy of the notice to SAF/GCD and AFLOA/JAQ.
(c) The contracting officer must assist the cognizant legal office in preparing the litigation report. The contracting officer must obtain approval from the AFLOA/JAQ trial attorney prior to releasing the litigation report outside government.
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Note: Changes to MP5333.104 are reflected in the MP only and not in the AFAC Summary.
PART 5343
Contract Modifications
5343.102-90 Contract Scope Considerations
Contracting officers must assess scope when modifying contracts. Proposed modifications generally constitute new work when, a) an individual modification or the cumulative effect from previous modifications result in changes that were not fairly and reasonably within the contemplation of the parties when the contract was awarded; or b) when proposed changes are not within the terms of the original contract award. New work requires competition unless one of the seven exceptions to competition found in FAR 6.302 applies.
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5343.204-70-3 Definitization schedule.
Contracting officers must document the contract file with the justification for the delay and revised definitization milestone schedule.
5343.204-70-7 Plans and reports.
See AFFARS MP5343.204-70 for reporting requirements.
The contracting officer is authorized to change the period in which the contractor may assert claims under the changes clauses when permitted by the FAR.
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Note: Changes to M5343.204-70 are reflected in the MP only and not in the AFAC Summary.
XXVII |
5346.702(c) and 5346.708: Deleted redundant and obsolete information. |
PART 5352
Solicitation Provisions and Contract Clauses
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5352.242-9000 Contractor Access to Air Force Installations
(b) The contractor shall submit a written request on company letterhead to the contracting officer listing the following: contract number, location of work site, start and stop dates, and names of employees and subcontractor employees needing access to the base. The letter will also specify the individual(s) authorized to sign for a request for base identification credentials or vehicle passes. The contracting officer will endorse the request and forward it to the issuing base pass and registration office or Security Forces for processing. When reporting to the registration office, the authorized contractor individual(s) should provide a valid driver’s license, current vehicle registration, valid vehicle insurance certificate, and [insert any additional requirements to comply with local security procedures] to obtain a vehicle pass.
(c) During performance of the contract, the contractor shall be responsible for obtaining required identification for newly assigned personnel and for prompt return of credentials and vehicle passes for any employee who no longer requires access to the work site.
(d) When work under this contract requires unescorted entry to controlled or restricted areas, the contractor shall comply with [insert any additional requirements to comply with AFI 31-101, Integrated Defense, and AFI 31-501, Personnel Security Program Management] citing the appropriate paragraphs as applicable.
5352.242-9001 Common Access Cards (CAC) for Contractor Personnel
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(b) Contractors and their personnel shall use the following procedures to obtain CACs:
(1) Contractors shall provide a listing of personnel who require a CAC to the contracting officer. The government will provide the contractor instruction on how to complete the Contractor Verification System (CVS) application and then notify the contractor when approved.
(2) Contractor personnel shall obtain a CAC from the nearest Real Time Automated Personnel Identification Documentation System (RAPIDS) Issuing Facility (typically the local Military Personnel Flight (MPF)).
(c) While visiting or performing work on installation(s)/location(s), contractor personnel shall wear or prominently display the CAC as required by the governing local policy.
(d) During the performance period of the contract, the contractor shall:
(1) Within 7 working days of any changes to the listing of the contract personnel authorized a CAC, provide an updated listing to the contracting officer who will provide the updated listing to the authorizing government official;
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XXIX |
Appendix CC - CC-102, CC-103, CC-2, CC-201, CC-202, CC-203, CC-204, CC-205, CC-301, CC-302, CC-401, CC-402, CC-501, and CC-502: Revisions include changing the Title of Appendix CC, deleting redundant definitions, relocating the selection and appointment of CCOs from Appendix CC to 5318, and administrative changes including changing “shall” to “must.” |
Note: Changes to Appendix CC are found in Appendix CC only and not in the AFAC Summary.
XXX |
MP5301.601-91: Administrative changes. |
Note: Changes to MP5301.601-91 are reflected in the MP only and not in the AFAC Summary.
XXXI |
MP5301.602-2(d): Revised to add information on responsibilities of the QAPC. |
Note: Changes to MP5301.602-2(d) are reflected in the MP only and not in the AFAC Summary.
XXXII |
MP5305.303: Revised to modify process for 1279 Reports. Ref. Policy Memo 12-C-07. |
Note: Changes for MP5305.303 are reflected in the MP only and not in the AFAC Summary.
XXXIII |
MP5342.902: Updated office symbols and changed “shall” to “must.” |
Note: Changes to MP5342.902 are reflected in the MP only and not in the AFAC Summary.
XXXIV |
MP5346.103: Revised to delete redundant information to include moving information on the QAPC role with the COR to MP5301.602-2(d) and to change “shall” to “must.” |
Note: Changes for MP5346.103 are reflected in the MP only and not in the AFAC Summary.
