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afac2013-0327
AFAC
Air Force Acquisition Circular (AFAC) 2013-0327
March 27, 2013
FOR ADDITIONAL INFORMATION CONTACT:
SAF/AQCP, 1060 Air Force Pentagon, Washington, DC 20330-1060, (571) 256-2408
SUMMARY OF CHANGES
I |
5301.101, 5301.601, 5301.603-1, 5301.9000, MP5301.9001(b): Captures organizational changes from Policy Memo 12-C-06. |
II |
5302.101: Editorial changes. Captures organizational changes and definitions from Policy Memo
|
III |
5308.705: Editorial changes. |
IV |
5315, MP5315.3, MP5315.4, MP5315.407-90, MP5315.407-91, MP5315.606, and IG5315.404-3: Incorporates Policy Memos 10-C-05, 11-C-04, 11-C-07, 12-C-02, and 12-C-04. Significant portions of AFFARS 5315, MP5315.3, MP5315.4, MP5315.407-90, MP5315.407-91, MP5315.606, and IG5315.404-3 have been revised and/or deleted.
Deleted: MP5315.002, MP5315.403-1, MP5315.403-4, MP5315.5 Deleted: IG5315.101-1, IG5315.102, IG5315.204-5(b), IG5315.204-5(c), IG5315.303, IG5315.305, IG5315.305(a)(2), IG5315.308, IG5315.406-3 |
V |
5316.401, 5316.601: 5316.401 captures organizational changes from Policy Memos 12-C-06 and
|
VI |
5322.101, 5322.3: Editorial changes. |
VII |
5333.291: Editorial changes. |
VIII |
5335.070: Captures organizational changes from Policy Memo 12-C-06. |
IX |
5336.507, 5336.9001, 5336.9201, Air Force Contracting Construction Guide: Editorial changes.
|
X |
5337.170-2: Editorial Changes. Supersedes Policy Memo 11-C-01. |
XI |
5349.101, 5349.402, MP5349: Editorial changes. |
XII |
5352.215-9000, 5352.215-9001: Editorial changes. |
XIII |
MP5303: Incorporates Policy Memo 12-C-04. |
XIV |
MP5317.74: Captures organizational changes from Policy Memo 12-C-06. |
XV |
MP5332: Editorial changes. |
XVI |
MP5343.204-70: Captures organizational changes from Policy Memo 12-C-06. |
Note: “*****” below indicates that text is omitted for the purpose of brevity.
I |
5301.101, 301.601, 5301.603-1, 5301.9000, MP5301.9001(b): Captures organizational changes from Policy Memo 12-C-06. |
*****
The Air Force Federal Acquisition Regulation Supplement (AFFARS) establishes uniform policies and procedures for the Air Force implementing and supplementing the Federal Acquisition Regulation (FAR), the Department of Defense FAR Supplement (DFARS), and other Department of Defense publications concerning contracting. AFFARS Mandatory Procedures (MP) and Informational Guidance (IG) are companion resources arranged by parts which correspond to the relevant FAR parts. MPs contain mandatory internal Air Force procedures and IGs contain non-mandatory supplemental information. MAJCOMs, DRUs, and AFISRA are prohibited from issuing supplements to the AFFARS but may maintain their specific internal procedures through the use of MPs and IGs.
(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 (see HCA Reference Matrix) to:
(1) The MAJCOM/DRU and AFISRA SCOs and to the SCCOs at Space and Missile Systems Center (SMC) and Air Force Life Cycle Management Center (AFLCMC) without further authority to redelegate any HCA responsibilities unless specifically stated otherwise in the AFFARS (see HCA Reference Matrix).
(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 and agreements (grants, cooperative agreements, and Other Transactions).
(B) The authority to enter into, approve, modify, and terminate contracts is hereby redelegated to MAJCOM/DRU and AFISRA SCOs and to the SCCOs at SMC and AFLCMC. This authority may be redelegated with or without the authority to make successive redelegations and under such terms, conditions, and limitations as may be deemed appropriate. This delegation is a general one, and all other existing or future authority, to the extent that it would, expressly or by reasonable implication, limit the scope of this delegation or impose conditions or restrictions upon the exercise of the authority delegated, will be controlling over it.
5301.603-1 General
The positions delegated general contracting authority in AFFARS 5301.601(a)(ii)(B) must select and appoint contracting officers and terminate their appointments in accordance with this section and MP5301.603.
(a) For AFMC, the SCCO 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) Authority to issue limited contracting officer warrants of less than $5M and authority to terminate appointments of less than $5M may be delegated, but in no event will the designee be lower than the Contracting Squadron Commander, Deputy, or equivalent.
*****
5301.9000 Scope and Definitions
*****
(b)(4) modifications solely for changes as a result of Service Contract Labor Standards statute wage rates/fringe benefits or Fair Labor Standards Act minimum wages.
5301.9001(f)(2) For PEO programs supported by AFMC, SMC, or AFISRA and for AFMC, SMC, and AFISRA Other Contracting (excluding Operational).
Contract Value* |
Clearance Approval Authority |
ACAT I > $500M |
DAS(C) and ADAS(C) for Business Clearance Only
|
> $50M |
SCCO, AFISRA SCO |
$25M - $50M |
AFISRA SCO; for AFMC and SMC, one level below the SCCO
|
$5M - < $25M |
AFISRA SCO*; for AFMC and SMC, two levels below the SCCO
|
*The AFISRA SCO may assign a clearance threshold in excess of $5M to a subordinate unit; however, the threshold assigned must not be greater than $10M.
(3) For Operational Contracting (excluding AFRC)
Contract Value* |
Clearance Approval Authority |
> $2M |
SCO or SCCO |
$1M - $2M |
SQ/CC or DBO, PZIO for AFMC, or Chief of Contracting Directorate/Division for SMC |
$500K - < $1M |
At least one level above the CO |
(i) The SCO or SCCO may assign a clearance threshold in excess of $2M to a squadron/unit. The threshold assigned must not be greater than $10M, or in the case of specialized units or AFMC operational 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.
*****
(5) When the SCCO is the Source Selection Authority (SSA), the clearance approval authorities for those acquisitions will be the SCO or their deputy. When the SCO or their deputy is the SSA, the clearance approval authority for those acquisitions is the ADAS(C). Clearance requests must be sent through SAF/AQC, safaqc.workflow@pentagon.af.mil.
*****
Note: Changes to MP5301.9001(b) are reflected in the MP only and not in the AFAC Summary.
II |
5302.101: Editorial changes. Captures organizational changes and definitions from Policy Memo
|
*****
"Acquisition Category (ACAT)" is the category of an acquisition program. See DoDI 5000.02, Enclosure 3.
*****
"Chief of the Contracting Office" means any person who has direct managerial responsibility for the operation of a contracting office as defined in FAR 2.1. Unless specifically excepted, this term may include, at the option of the designated official, the deputy chief or acting chief of the contracting office. This term includes the Contracting Squadron Commander (SQ/CC)/Deputy or civilian equivalent, and for AFMC, the Operational Contracting Division Chief/Deputy.
“DAS(C)” means the Deputy Assistant Secretary for Contracting. The authority granted to DAS(C) may also be exercised by the Associate Deputy Assistant Secretary (Contracting) (ADAS(C)).
“Direct Reporting Unit (DRU)” means a subdivision of the Air Force, directly subordinate to the Chief of Staff, US Air Force. A DRU performs a mission that does not fit into any of the MAJCOMs (see AFI 38-101).
“Field Operating Agency (FOA)” means a subdivision of the Air Force, directly subordinate to a HQ USAF functional manager. A FOA performs field activities beyond the scope of any of the major commands. (see AFI 38-101).
"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).
“Head of the Contracting Activity” (HCA). The DAS(C) and (ADAS)(C) are the HCA for the Air Force. See delegations in the HCA Reference Matrix at AFFARS 5301.601(a)(i).
*****
“Major Command (MAJCOM)” means a major subdivision of the Air Force that is assigned a major part of the Air Force mission. A MAJCOM is directly subordinate to Headquarters US Air Force. (see AFI 38-101).
*****
"Other Contracting" means those contracting actions, not in a PEO portfolio.
"Program Executive Officer (PEO)" See AFI 63-101 and DoDI 5000.02.
*****
“Services Designated Official (SDO)” is the individual authorized to exercise responsibility for the management and oversight of the acquisition of contract services (see AFI 63-101, Chapter 4).
“Senior Contracting Official (SCO)” means the MAJCOM/DRU or AFISRA headquarters staff official with overall functional responsibility for contracting. The deputy to an SCO may exercise any SCO authority unless specifically limited by the SCO. The SCO may include the A7K, MSK, or MAJCOM Chief/Director of Contracting. HQ ACC/A7K is the designated SCO for Air Force Central Command (AFCENT) contracting units.
"Senior Center Contracting Official (SCCO)" means an individual serving in the position of Director of Contracting who reports directly to the Center Commander. SCCO duties and responsibilities may also be performed by the Deputy Director of Contracting, Assistant Director of Contracting, and the Technical Director/Assistant to the Director of Contracting, as well as the Director of Contracting at Eglin Air Force Base (AFB), Hanscom AFB, Hill AFB, and Robins AFB and the Deputy Director of Contracting, Assistant Director of Contracting, and the Technical Director/Assistant to the Director of Contracting at Eglin AFB, Hanscom AFB, Hill AFB, and Robins AFB.
*****
III |
5308.705: Editorial changes. |
*****
See http://abilityone.org/work_with_us/quick_start.html for acquiring products and services under 41 U.S.C., chapter 85 from nonprofit agencies employing people who are blind or severely disabled (AbilityOne).
IV |
5315, MP5315.3, MP5315.4, MP5315.407-90, MP5315.407-91, MP5315.606, and IG5315.404-3: Incorporates Policy Memos 10-C-05, 11-C-04, 11-C-07, 12-C-02, and 12-C-04. Significant portions of AFFARS 5315, MP5315.3, MP5315.4, MP5315.407-90, MP5315.407-91, MP5315.606, and IG5315.404-3 have been revised and/or deleted.
Deleted: MP5315.002, MP5315.403-1, MP5315.403-4, MP5315.5 Deleted: IG5315.101-1, IG5315.102, IG5315.204-5(b), IG5315.204-5(c), IG5315.303, IG5315.305, IG5315.305(a)(2), IG5315.308, IG5315.406-3 |
SUBPART 5315.2 — SOLICITATION AND RECEIPT OF PROPOSALS AND INFORMATION
5315.209 Solicitation Provisions and Contract Clauses
(S-90) The contracting officer may include a provision substantially the same as the provision at 5352.215-9000, Facility Clearance, in solicitations that include a DD Form 254, Contract Security Classification Specification.
(S-91) The contracting officer may include a provision substantially the same as the provision at 5352.215-9001, Notice of Pre-bid/Pre-proposal Conference, in the solicitation when appropriate. When access to classified documents is contemplated, the contracting officer may include a provision substantially the same as the provision with its Alternate I.
(S-92) The contracting officer may not award a contract that includes or modify a contract to include a special contract requirement commonly referred to as “Tail Up” or “Last Lot Inefficiency,” the purpose of which is to recognize costs related to a loss of productivity for the direct labor workforce or increased supplier costs as a production line nears shutdown, without the express written approval of the DAS(C) or ADAS(C). Not less than 60 days prior to release of a solicitation or a proposed contract modification, the SCO/SCCO must submit a copy of the special contract requirement proposed for use, together with any supporting documentation to SAF/AQC, safacq.workflow@pentagon.af.mil for approval.
(S-93) The contracting officer may not award a contract that includes or modify a contract to include a special contract requirement or unique clause that requires or authorizes direct charging of proposal preparation and negotiation support costs without the express written approval of the SCO/SCCO. Evidence of this approval must be included in the official contract file.
SUBPART 5315.3 — SOURCE SELECTION
See MP5315.3 for required Air Force Source Selection responsibilities and procedures.
*****
5315.403-1 Prohibition on Obtaining Certified Cost or Pricing Data (10 U.S.C. 2306a and 41 U.S.C., chapter 35)
(c) Standards for exceptions from certified cost or pricing data requirements.
(3) Commercial Items.
(i)(90) A contracting officer determination that a commercial item exception to Truth in Negotiations Act (TINA) requirements applies to a particular acquisition must, at a minimum, address the content described in DFARS PGI 215.403-1(c)(3)(B)(1).
(B) Report Content. MAJCOM, DRU, and AFISRA SCOs, and the SCCO at SMC must submit the information as outlined in DFARS PGI 215.403-1(c)(3)(B), or negative report, to HQ AFMC/PKF no later than 15 October each year. HQ AFMC/PKF must consolidate all of the MAJCOM, DRU, AFISRA and SMC reports and submit a final report to SAF/AQCP, saf.aqcp.workflow@pentagon.af.mil, no later than 8 November each year. SAF/AQCP will submit the annual report to DPAP.
(4) Waivers.
(A) A request for an exceptional case TINA waiver must be submitted through the MAJCOM, DRU, or AFISRA SCO, or the SCCO at SMC to SAF/AQC, safaqc.workflow@pentagon.af.mil, for HCA approval. The waiver request must address the content outlined in DFARS PGI 215.403-1(c)(4)(A) and include a clear description of how the three criteria for granting a TINA waiver under the exceptional circumstances exception will be met (see DFARS 215.403-1(c)(4)(A)). When the waiver is for a subcontractor who has refused to provide cost or pricing data to a prime contractor, the information required must cover both the prime contract and the subcontract.
(90) Signed TINA Waivers. Contracting officers must submit a copy of all signed TINA waivers to HQ AFMC/PKF within 30 days of signature by the HCA.
(B) MAJCOM, DRU, and AFISRA SCOs, and the SCCO at SMC must submit the information as outlined in DFARS PGI 215.403-1(c)(4)(B), or a negative report, to HQ AFMC/PKF no later than 15 October each year. HQ AFMC/PKF must consolidate all of the MAJCOM, DRU, AFISRA and SMC reports and submit a final report to SAF/AQCP, safaqcp.workflow@pentagon.af.mil, no later than 8 November each year. SAF/AQCP will submit the annual report to DPAP.
5315.403-4 Requiring Certified Cost or Pricing Data (10 U.S.C. 2306a and 41 U.S.C., chapter 35)
(a)(2) The contracting officer must submit the Determination and Findings through their MAJCOM, DRU or AFISRA SCO to SAF/AQC, safaqc.workflow@pentagon.af.mil for HCA signature.
*****
(c)(2)(C)(2)(90) The Chief of the Contracting Office may approve written requests for the use of an alternate structured approach (see DFARS 215.404-73). This authority may not be re-delegated.
5315.406-1 Prenegotiation objectives
(b)(ii) Adjudication Procedures. The contracting officer must advance DCAA requests for Air Force management review through their management chain, and provide the SCO/SCCO name and contact information to the cognizant DCAA representative. If disagreements remain, the MAJCOM, DRU or AFISRA SCO must elevate the issue to SAF/AQC, safaqc.workflow@pentagon.af.mil, to support any request from DCAA for further elevation of the issue(s).
5315.406-3 Documenting the Negotiation
(a) See the Price Negotiation Memorandum (PNM) Checklist that may be used to ensure PNMs contain all required information. Preliminary PNM and Final PNM templates may be tailored for use.
5315.407-4 Should-cost Review
(b) Program should-cost review.
(4) The contracting office organizes and manages the program should-cost review. The team chief is responsible for the completion of the should-cost report.
*****
5315.407-91 Formula Pricing Agreements
While use of Formula Pricing Agreements (FPA) is optional, contracting officers must follow MP5315.407-91 to establish an FPA.
5315.408 Solicitation Provisions and Contract Clauses
(5)(i)(B) The determination must be approved two levels above the contracting officer (see HCA Matrix).
(ii)(A)(2) The determination must be approved two levels above the contracting officer (see HCA Matrix).
SUBPART 5315.6 — UNSOLICITED PROPOSALS
See MP5315.606 for procedures for receipt, evaluation, and disposition of unsolicited proposals.
*****
Note: Changes to MP5315.3, MP5315.4, MP5315.407-90, MP5315.407-91, MP5315.606, IG5315.404-3 are reflected in the MP and IG only and not in the AFAC Summary.
V |
5316.401, 5316.601: 5316.401 captures organizational changes from Policy Memos 12-C-06 and
|
*****
(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) and Air Force Life Cycle Management Center (AFLCMC). This authority may not be further delegated.
(e)(3)(i) The PEO is the Fee Determining Official for PEO assigned programs. For Other Contracting, the HCA has delegated the ability to designate the Fee Determining Official (see HCA Reference matrix). This designation may be made on an individual contract or class basis and may be made by name, position, or function, without limitation.
*****
5316.601(d) Limitations
(d)(1)(ii) Determinations and Findings (D&F) required pursuant to DFARS 216.601(d)(1)(A)(1)(i) must be approved by the SCO or SCCO.
(d)(2) Submit D&Fs required pursuant to DFARS 216.601(d)(1)(A)(2) for SAF/AQC approval through the SCO or SCCO to SAF/AQC, safaqc.workflow@pentagon.af.mil for processing.
*****
VI |
5322.101, 5322.3: Editorial changes. |
Contracting officers must involve the Regional Labor Advisors in all labor relation actions outlined in FAR Part 22, as required. 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 the simplified acquisition threshold (SAT);
(ii) Service contracts in excess of the SAT; and,
(iii) Any contract that contains the provision at FAR 52.222-1, Notice to the Government of Labor Disputes, (e.g. mission critical services).
*****
SUBPART 5322.3 — CONTRACT WORK HOURS AND SAFETY STANDARDS STATUTE
5322.302 Liquidated Damages and Overtime Pay
The Regional Labor Advisors are the agency officials responsible for acting on appeals in accordance with DFARS 222.302(2). The Chief Air Force Labor Advisor (SAF/AQCA) and the Regional Labor Advisors are authorized to take the actions in accordance with FAR 22.302(c).
*****
VII |
5333.291: Editorial changes. |
*****
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 statute (41 U.S.C., chapter 71). The notice must state that a final decision will not be issued until the claim is certified.
*****
VIII |
5335.070: Captures organizational changes from Policy Memo 12-C-06. |
*****
5335.070-1 Indemnification Under Research and Development Contracts
*****
(a)(iii) SCCOs for Air Force Life Cycle Management Center (AFLCMC) and Space and Missile Systems Center (SMC).
*****
IX |
5336.507, 5336.9001, 5336.9201, Air Force Contracting Construction Guide: Editorial changes.
|
*****
5336.507 Permits and Responsibilities
When the clause at FAR 52.236-7, Permits and Responsibilities, is used in solicitations and contracts OCONUS, the clause must be modified to reflect “host government and political subdivisions” in lieu of “Federal, State, and Municipal.”
*****
Contracting Officers are encouraged to use existing contractor-developed forms to the maximum extent practicable. In those instances where commercial forms are not available, refer to the Air Force Contracting Construction Guide for forms that may be used to administer construction programs.
*****
5336.9201 Air Force Contracting Construction Guide
Refer to the Air Force Contracting Construction Guide when acquiring construction services.
*****
Note: Changes to the Air Force Contracting Construction Guide are reflected in the Guide only and not in the AFAC Summary.
X |
5337.170-2: Editorial Changes. Supersedes Policy Memo 11-C-01. |
*****
5337.170-2 Approval Requirements
(a)(1) The Services Designated Official (SDO) (see AFI 63-101, Chapter 4) will approve acquisitions of services to be purchased through a contract or task order above the Simplified Acquisition Threshold (SAT) that is not performance based.
(i) If more than 50 percent of the requirement (contract or task order), measured in dollars, is performance based, the requirement can be considered a performance-based service acquisition.
(ii) Purchase requests for services acquisitions that are not performance based will include the following statement:
*****
XI |
5349.101, 5349.402, MP5349: Editorial changes. |
*****
5349.101 Authority to Terminate
AFMC and SMC must establish internal termination procedures. Except for AFMC and SMC, the SCO or command-appointed terminations contracting officer (TCO) must approve a termination for default or cause prior to a CO taking the action. When requesting approval, the contracting officer will provide all relevant documents to include a chronology of key events, cure/show cause notices and responses thereto.
SUBPART 5349.4 — TERMINATION FOR DEFAULT
*****
XII |
5352.215-9000, 5352.215-9001: Editorial changes. |
*****
5352.215-9000 Facility Clearance
As prescribed in 5315.209(S-90), insert in Section L (or equivalent in a solicitation for the acquisition of a commercial item) a provision substantially the same as the following:
*****
5352.215-9001 Notice of Pre-bid/Pre-proposal Conference
As prescribed in 5315.209(S-91), insert in Section L (or equivalent in a solicitation for the acquisition of a commercial item) a provision substantially the same as the following:
*****
XIII |
MP5303: Incorporates Policy Memo 12-C-04. |
Note: Changes for MP5303 are reflected in the MP only and not in the AFAC Summary.
XIV |
MP5317.74: Captures organizational changes from Policy Memo 12-C-06. |
Note: Changes for MP5317 are reflected in the MP only and not in the AFAC Summary.
XV |
MP5332: Editorial changes. |
Note: Changes for MP5332 are reflected in the MP only and not in the AFAC Summary.
XVI |
MP5343.204-70: Captures organizational changes from Policy Memo 12-C-06. |
Note: Changes for MP5343 are reflected in the MP only and not in the AFAC Summary.
