# AFFARS PART 5301Federal Acquisition Regulations System

- PART 5301
  Federal Acquisition Regulations System

- SUBPART 5301.1 — PURPOSE, AUTHORITY, ISSUANCE

- 5301.101 Purpose

- 5301.102-90 Statement of Guiding Principles for the Air Force Acquisition System

- 5301.105 Issuance (No Text)

- 5301.105-1 Publication and Code Arrangement

- 5301.170 Peer Reviews (INTERIM CHANGE: See Policy Memo 12-C-03)

- SUBPART 5301.2 — ADMINISTRATION

- 5301.201 Maintenance of the FAR (No Text)

- 5301.201-1 The Two Councils
- 5301.201-1-90 Maintenance of the AFFARS

- SUBPART 5301.3 — AGENCY ACQUISITION REGULATIONS

- 5301.301 Policy
- 5301.303 Publication and Codification
- 5301.304 Agency Control and Compliance Procedures

- SUBPART 5301.4 — DEVIATIONS FROM THE FAR

- 5301.402 Policy
- 5301.403 Individual Deviations
- 5301.404 Class Deviations

- SUBPART 5301.6 — CAREER DEVELOPMENT, CONTRACTING AUTHORITY, AND RESPONSIBILITIES

- 5301.601 General

- 5301.601-90 Contracting Assessment Program (CAP)
- 5301.601-91 Air Force Contracting Compliance Inspection Program

- 5301.602 Contracting Officers (No Text)

- 5301.602-1 Authority
- 5301.602-2 Responsibilities
- 5301.602-3 Ratification of Unauthorized Commitments

- 5301.603 Selection, Appointment, and Termination of Appointment (No Text)

- 5301.603-1 General
- 5301.603-2(S-90) Selection
- 5301.603-3 Appointment
- 5301.603-4 Termination

- 5301.670 Appointment of property administrators and plant clearance officers

- SUBPART 5301.90 — CLEARANCE

- 5301.9000 Scope and Definitions
- 5301.9001 Policy, Thresholds, and Approvals (INTERIM CHANGES: See Policy Memos 11-C-06 and 12-C-03)

- SUBPART 5301.91--OMBUDSMAN PROGRAM

- 5301.9101 Purpose
- 5301.9102 Policy
- 5301.9103 Solicitation Provision and Contract Clause

PART 5301
Federal Acquisition Regulations System

[Revised January 4, 2012]

(INTERIM CHANGES: See Policy Memos 11-C-06 and 12-C-03)

SUBPART 5301.1 — PURPOSE, AUTHORITY, ISSUANCE

5301.101 Purpose

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.
5301.102-90 Statement of Guiding Principles for the Air Force Acquisition System

(a) The Air Force relies on its acquisition system to acquire the weapons, equipment, supplies and services essential to its daily operations and warfighting mission. The Air Force acquisition mission is directly related to and supportive of the Air Force’s warfighting mission. The Air Force acquisition mission begins with a thorough understanding of customers and their mission needs. The success of Air Force acquisition is measured by the success of its customers.

(b) Every member of the Air Force acquisition community will be trained, knowledgeable, and skilled in the use of acquisition methods and tools that deliver the best value weapons, equipment, supplies and services to its customers in terms of quality, timeliness and price.

(c) Air Force contracting officers and other members of the acquisition team are empowered to make fast and effective decisions. Flexible and responsive acquisition policies provide an environment that encourages innovation and reasonable risk-taking. Whenever necessary, established policies, processes and methods for accomplishing the acquisition mission shall be challenged, analyzed, and replaced by creative methods that meet customers’ needs in an ever-changing business environment.

(d) Contracting officers must possess: an understanding of the product or service being purchased; an extensive knowledge of the marketplace and market conditions; research and analytical skills; and the ability to exercise effective leadership, sound business judgment, and risk management techniques.

(e) All members of the Air Force acquisition team shall strive to achieve a cooperative atmosphere and “partnered” relationship with its contractors. Such partnerships must be established, nurtured, and focused on mission success.

(f) Open communications between the Air Force and contractors contribute to the success of an acquisition. Early industry involvement and open communications are the cornerstones of the Air Force's enhanced cooperative relationship with industry. Timely release of information to potential offerors is essential to maximize the value of their inputs to the planning, requirements generation, and acquisition processes.

(g) The acquisition mission will be greatly enhanced, and the acquisition workforce will be deeply enriched by deliberately cross-feeding new and innovative procedures/strategies among acquisition professionals Air Force-wide in order to facilitate continuous improvement. Discussions and sharing must be highly encouraged up, down, and across organizational boundaries with superiors, subordinates, and peers. Innovations and best practices do little good until they are shared among acquisition teams.

(h) MAJCOM/DRU commanders, the AFISRA commander, PEOs, and acquisition managers and supervisors shall establish procedures to encourage and reward acquisition teams and/or individuals who effectively implement these principles.

5301.105 Issuance (No Text)

5301.105-1 Publication and Code Arrangement

(a) The AFFARS is published on the FARSite by the Contracting Laboratory, Hill AFB, UT.

5301.170 Peer Reviews (INTERIM CHANGE: See Policy Memo 12-C-03)

(a)(1)(iii) The Contracting Officer shall provide a copy of the memorandum provided to Deputy Director, Defense Procurement and Acquisition Policy (Contract Policy and International Contracting) in accordance with DFARS PGI 201.170-4(f) to SAF/AQC, safaqc.workflow@pentagon.af.mil.
(b)(1) Pre-award Peer Reviews of solicitations valued at less than $1 billion. This requirement shall be accomplished by complying with the Clearance requirements in 5301.9001(b).

(2) Post-award Peer Reviews of contracts for services valued at less than $1 billion. This requirement shall be accomplished by complying with the applicable reviews in AFI 63-101, Acquisition and Sustainment Life Cycle Management, Chapter 4.

SUBPART 5301.2 — ADMINISTRATION

5301.201 Maintenance of the FAR (No Text)
5301.201-1 The Two Councils

(d)(i) Proposed revisions to the FAR, DFARS, or AFFARS shall be submitted to SAF/AQCP in accordance with DFARS 201.201-1(d)(i).

5301.201-1-90 Maintenance of the AFFARS

The AFFARS is prepared and maintained by the Chief, Contract Policy & Implementation Division, Deputy Assistant Secretary (Contracting) (SAF/AQCP).

SUBPART 5301.3 — AGENCY ACQUISITION REGULATIONS

5301.301 Policy

The AFFARS is issued by the DAS(C) based on authority granted by HAF MD 1-10, 8 Apr 09, and ASAF(A) memorandum, Delegation of Contract and Agreement Authority, 12 Dec 06.
5301.303 Publication and Codification

(a)(i) The Air Force is assigned Chapter 53 of Title 48 Code of Federal Regulations (CFR). Air Force activities shall insert the number 53 before the primary citation in their FAR supplements. If the primary citation is to a single-digit part number, Air Force activities shall also insert a zero.

(ii) The AFFARS uses the DFARS numbering conventions.

5301.304 Agency Control and Compliance Procedures

FAR Supplements comply with the control and compliance procedures established in FAR 1.3, as supplemented, and do not restrain the flexibilities found in the FAR, DFARS and/or AFFARS. MAJCOMs, DRUs, and AFISRA shall submit procurement policies, regulations, procedures, clauses, and forms that require approval by USD(AT&L)/DP to SAF/AQCP. The request shall 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)/DP.

SUBPART 5301.4 — DEVIATIONS FROM THE FAR

5301.402 Policy

(2) Submit requests for deviations which require USD(AT&L)/DP or SAF/AQC approval through the Senior Contracting Official (SCO) to SAF/AQCK for processing.

5301.403 Individual Deviations

a. SCOs are authorized to approve individual deviations except as restricted by DFARS 201.4.

b. Except as described in (c) below, individual deviation approval authority may only be delegated to an SCCO.

c. Individual deviations from FAR 15.3, DFARS 215.3, AFFARS 5315.3, and MP5315.3 shall be approved by the SCO. This approval authority shall not be further delegated.

d. See MP5301.4 for annual deviation reporting requirements.

5301.404 Class Deviations

(b)(ii) Class deviation approval authority for the DRUs and AFISRA has been retained by the DAS(C).

(iii) SAF/AQC is the Class deviation approval authority from FAR 15.3, DFARS 215.3, AFFARS 5315.3, and MP5315.3.

(iv) MAJCOM SCOs are authorized to approve class deviations except as restricted by DFARS 201.4 and paragraph (iii) above. Class deviation approval authority shall not be further delegated.

(v) Class deviation requests to SAF/AQC must comply with DFARS 201.402(2).

(vi) See MP5301.4 for annual deviation reporting requirements.

SUBPART 5301.6 — CAREER DEVELOPMENT, CONTRACTING AUTHORITY, AND RESPONSIBILITIES

5301.601 General

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

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

(1) 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) without further authority to redelegate any HCA responsibilities unless specifically stated otherwise in the AFFARS. The SCO at HQ AFMC may redelegate HCA responsibilities to SCCOs without further authority to redelegate unless specifically authorized otherwise in the AFFARS.

(B) DAS(C) is the HCA for Air Force component commands tasked to support a supported commander” during JCS declared contingency operations or exercises (See Appendix CC, Part CC-2).

(ii) General Contracting Authority.

(A) In accordance with HAF MD 1-10, 8 Apr 09, and ASAF(A) memorandum, Delegation of Contract and Agreement Authority, 12 Dec 06, the authority to enter into, approve, terminate, and take all other appropriate actions with respect to contracts, is delegated from the Secretary of the Air Force and ASAF(A) to the DAS(C) and ADAS(C).

(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, ESC, ASC, and AAC. 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.

5301.601-90 Contracting Assessment Program (CAP)

SAF/AQC conducts annual assessments of the Air Force’s contracting system. A principal element of this program is a Procurement Management Assessment (PMA) having three primary objectives:

(a) Review contracting operations in order to: (1) evaluate leadership practices; (2) assess customer support/satisfaction; (3) assess the degree of sound business judgment exercised; (4) determine if SAF/AQC policy emphasis areas are managed and executed properly; and (5) ensure contracting standards, policies, and procedures, conform to Federal, DoD, and Air Force expectations.

(b) Collect feedback on the effectiveness and efficiency of current contracting policy.

(c) Collect and share MAJCOM best practices within the Air Force.

Click here to see additional CAP information and past PMA results.
5301.601-91 Air Force Contracting Compliance Inspection Program

See MP5301.601-91 for requirements of the Air Force Contracting Compliance Inspection Program and the Air Force Contracting Compliance Inspection Checklist.

5301.602 Contracting Officers (No Text)
5301.602-1 Authority

Contracting officers are authorized to enter into and execute contracts funded either partially or completely with non-appropriated funds.
5301.602-2 Responsibilities

(c)(i) Legal Review

(A) Contracting officers shall obtain legal advice during all phases of acquisitions. In particular, contracting officers shall obtain legal advice:

(1) When there is doubt or controversy about the interpretation or application of statutes, directives, and regulations

(2) When using or applying unique or unusual contract provisions

(3) When actions are likely to be subject to public scrutiny or receive higher-level agency attention

(4) When a protest or claim is likely, and

(5) When contemplating the use of alternative dispute resolution.

(B) In addition to the general conditions identified in 5301.602-2(c)(i)(A) above, the supporting legal office shall review Operational contract actions and SMC contract actions expected to exceed $500,000 and shall review 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

(C) All Justifications and Approvals (J&A) requests for actions expected to exceed $650,000

(D) Regardless of dollar amount, the supporting legal office shall provide advice, coordination, and review for the following matters:

(1) Use of liquidated damages provisions in contracts for other than construction

(2) Award fee or award term plans

(3) Source selection decisions and supporting documentation for actions accomplished pursuant to the requirements of MP5315.3

(4) Issues dealing with licensing, technical data rights and patents

(5) Mistakes in bid (See FAR 14.407)

(6) Protests before and after award

(7) Ratifications

(8) Disputes

(9) Contractor claims

(10) Termination for default/cause

(11) Terminations for convenience, except cancellations or terminations of purchase orders

(12) Debarment or suspension actions

(13) Individual or class deviations

(14) Any other legal issue at the discretion of the Contracting Officer or supporting legal office.

(E) Legal review is not normally required for:

(1) Funding actions without any other changes

(2) Unilateral exercise of pre-priced options that were reviewed and approved at the time of award of the basic contract

(F) PEO Programs. SAF/GC is responsible for providing legal support to PEOs and provides oversight responsibility for legal support to Single Managers on PEO Programs. The local staff judge advocate or servicing legal office shall consult with SAF/GCQ in order to provide consistent legal support on PEO programs.

(d) Designation, Assignment, and Responsibilities of a Contracting Officer’s Representative

See MP5301.602-2(d).

5301.602-3 Ratification of Unauthorized Commitments

See MP5301.602-3 for required ratification procedures.

(b) Policy.

(2) Ratification approval authority is as follows:

(A) The HCA for actions equal to or greater than $30,000.

(B) The chief of the contracting office for actions less than $30,000.

5301.603 Selection, Appointment, and Termination of Appointment (No Text)

5301.603-1 General

MAJCOM/DRU and AFISRA SCOs and SMC and AFMC SCCOs are authorized to 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) MAJCOM/DRU and AFISRA SCOs may delegate authority to issue limited contracting officer warrants of less than $5M, and authority to terminate appointments of less than $5M, but in no event will the designee be lower than the Contracting Squadron Commander, Deputy, or equivalent.
5301.603-2(S-90) Selection

(a) Individuals selected for contracting officer appointments shall be limited to military personnel in Air Force Specialty Codes (AFSCs) 64PX or 6C0X1 and civilians in the GS-1102 or equivalent local national occupational series possessing an Intermediate (Level II) or Advanced (Level III) Acquisition Professional Development Program (APDP) certification in contracting who occupy a manning authorization listed under these specialty codes, except as otherwise authorized below.

(b) A member of the contingency contracting force in AFSC 6C0X1 who does not possess a baccalaureate degree from an accredited educational institution may be nominated, evaluated, and selected for a limited home station warrant in accordance with this section and MP5301.603:

(1) Warrants for less than or equal to the simplified acquisition threshold (SAT) require at least one year of contracting experience and a 3-skill level.

(2) Warrants above the SAT to less than $5M require a minimum 5-skill level, and a Level I or higher APDP certification in contracting.

(c) Military personnel in AFSC 64PX and civilians in the GS-1102 or equivalent local national occupational series who occupy a manning authorization listed under these specialty codes 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) For warrants above the SAT, local nationals (in an equivalent occupational series to GS-1102) shall be held to the same qualification requirements (i.e., contracting coursework and experience, formal education, including 24-semester credit hours in business disciplines, APDP certification in contracting) as for members of the AT&L workforce.

5301.603-3 Appointment

(b) Issuing authorities identified in 5301.603-1 may delegate the purchase authority in DFARS 213.301 for amounts that do not exceed the SAT, 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:

(1) The written delegation specifies a dollar limit per transaction (e.g., per order, per call); the method(s) of award; and the supplies, equipment and/or non-personal services, to include construction, related to the individual’s specialty that may be procured. For example, librarians may buy books, but not construction materials or services; and,

(2) Personnel have completed contracting training commensurate with the type of instrument(s) authorized to process and level of responsibility delegated.

5301.603-4 Termination

Requests for termination of warrants shall be submitted 30 days in advance (or as soon as practicable) of the requested termination date along with the reason for termination. All terminations of warrants shall be in writing and signed by the issuing authority.

5301.670 Appointment of property administrators and plant clearance officers

(a) When the Air Force retains contract administration, the SCCO or COCO shall select, appoint, or terminate (in writing) property administrators and plant clearance officers.

SUBPART 5301.90 — CLEARANCE

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 a competed, sole source or negotiated 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, or in the pricing of:

(i) An unpriced option or an option with only a not-to-exceed price;

(ii) Provisioned items orders (PIOs); or

(iii) Unpriced orders under Basic Ordering Agreements (BOA);

(3) An action intended to result in issuance of a modification implementing a unilateral price determination;

(4) Priced orders issued under BOA; and

(5) 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:

(1) actions that create a UCA, undefinitized change order, undefinitized long lead contract;

(2) orders issued against existing contracts in accordance with the terms and conditions of the basic contract; except task orders for services issued against multiple award indefinite delivery/indefinite quantity contracts to include GSA schedules;

(3) modifications increasing fund obligations under incrementally funded contracts when modifications do not exceed dollar amounts stated in the original approved clearance; or

(4) modifications solely for changes as a result of Service Contract Act wage rates/fringe benefits or Fair Labor Standards Act minimum wages.

(c) “Business Clearance” means:

(1) For competitive acquisitions, approval to issue the solicitation.

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

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

(e) “Contract Clearance” means:

(1) For competitive acquisitions conducted without discussions, approval by the clearance approval authority for the SSA to make the decision to award.

(2) For competitive acquisitions with discussions –

(i) Approval by the clearance approval authority for the SSA to request final proposal revisions in accordance with FAR 15.307; and

(ii) Approval by the clearance approval authority for the SSA to make a source selection decision.

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

5301.9001 Policy, Thresholds, and Approvals (INTERIM CHANGES: See Policy Memos 11-C-06 and 12-C-03)

(a) The objectives of the business and contract clearance process are to ensure that:

(1) Contract actions effectively implement approved acquisition strategies;

(2) Negotiations and contract actions result in fair and reasonable business arrangements;

(3) Negotiations and contract actions are consistent with laws, regulations, and policies; and

(4) An independent review and assessment (i.e. by the clearance authority) for the proposed contract action is accomplished.

(b) The clearance approval authority shall ensure that the clearance process meets the objectives in paragraph (a) above. The clearance approval authority shall use multi-functional independent review teams (MIRTs) as an integral component of the clearance process by validating each critical decision point as described in MP5301.9001(b).

(c) The clearance approval authority must seek legal advice (See 5301.602-2) and ensure that counsel has coordinated on any clearance briefings or presentations, and that counsel’s comments are included in the briefing or presentation.

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

(e) The Source Selection Authority (SSA) shall not be the clearance approval authority.

(f) Contract actions meeting the contract value thresholds set below shall not be awarded without obtaining the required business and contract clearance approval(s). Clearance approval authority may not be delegated, however unit specific assignments pursuant to subparagraph (3)(i) are authorized.

(1) Clearance Approval by the DAS(C). (INTERIM CHANGES: See Policy Memos 11-C-06 and 12-C-03)

(i) The DAS(C) or ADAS(C) are the business clearance approval authorities for
all ACAT I contract actions $250M and above; and any other contract action identified as special interest by the DAS(C) or ADAS(C) regardless of dollar amount, program designation, or contracting activity. The procedures in MP5301.9001(f) must be followed for business clearance at the DAS(C) or ADAS(C). Contract clearance approval authority will be in accordance with paragraphs (2), (3), and (4) below.

(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 shall be submitted to SAF/AQCK, safaqck.workflow@pentagon.af.mil, 10 working days prior to convening the acquisition strategy panel (ASP) or staffing of the acquisition plan (AP).

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

Contract Value* | Clearance Approval Authority
ACAT I > $250M | DAS(C) and ADAS(C) for Business Clearance Only (see paragraph (f)(1)(i) above)
>$50M | SCCO
$25M - $50M | One level below the SCCO (e.g., Chief of Contracting for the Directorate for AFMC, Chief of the Contracting Office (COCO) for SMC)
$5M - <$25M | Two levels below the SCCO (e.g., Chief of Contracting Division for AFMC, or Deputy COCO for SMC)

(3) For Operational Contracting (excluding AFRC)

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

(i) The SCO or SCCO may assign a clearance threshold in excess of the $2M identified above for a squadron/unit. The threshold assigned shall 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 approving official must be at least one level above the contracting officer.

(ii) On a case-by-case basis, the SCO or SCCO may review a specific contract action below the established threshold in order to ensure compliance with applicable standards and practices.

(iii) The SCO may lower the threshold below the $2M identified above or rescind a previously granted increased threshold for a squadron/unit that is not meeting established standards. In those instances, concurrent notification will be made to SAF/AQCP.

(4) For AFRC

Contract Value* | Clearance Approval Authority
>$500K | AFRC/A7K

* Note: Contract value is determined by applying the sum of the value of the basic portion of the instant acquisition, plus any options, sums reserved for provisioning, and the value of any contingencies, such as ceiling, award fees/terms, and performance incentives.

(5) If the SCCO is a SSA, the clearance approving officials for those acquisitions will be their SCO or deputy. When the SCO or their deputy is the SSA, the clearance official for those acquisitions is ADAS(C). Clearance requests shall be sent through SAF/AQCK.

SUBPART 5301.91--OMBUDSMAN PROGRAM

5301.9101 Purpose

The purpose of the Air Force ombudsman program is to foster communication between government and industry. The primary function of the ombudsman is to hear concerns about specific issues in acquisitions, to communicate these concerns to senior management personnel responsible for oversight and to assist in the resolution of the concerns. In accordance with 5301.9102(f) below, employees, managers and customers may use the Air Force component ombudsman when seeking assistance in resolving procurement integrity issues.

5301.9102 Policy

(a) MAJCOM and DRU commanders shall 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 shall 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.

(b) The ombudsman will have the authority to call upon other resources of the activity to assist in resolving acquisition issues or concerns (e.g. administrative support, independent review teams).

(c) Contracting officers shall identify the ombudsman in the initial announcement of the acquisition as well as in the draft and final RFP.

(d) The ombudsman shall:

(1) Support acquisition personnel in the resolution of issues or concerns raised by interested parties;

(2) Act in a manner that does not compromise the interested party and, if requested, maintain anonymity of the parties.

(3) Avoid any appearance of usurping normal procurement authority (e.g., program manager, contracting officer, and source selection authority);

(4) Ensure all affected or knowledgeable offices and officials are consulted as part of any resolution process;

(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 $2,500, consistent with the procedures in the contract;

(7) Consistent with security requirements, have access to the appropriate offices and be allowed to collect all facts relevant to the resolution of issues raised by interested parties. Ombudsmen are granted access to proprietary information. Source selection information must be obtained through the source selection authority.

(e) The Ombudsman Program does not replace the agency level protest, GAO bid protest or disputes processes.

(f) The Air Force ombudsman is the Associate Deputy Assistant Secretary (ADAS) (Contracting), who may take action to assist in resolving issues, concerns, disagreements, and recommendations that cannot be resolved at the MAJCOM/DRU level, at AFISRA, or for those having Air Force wide implications. The ADAS(C) is the AF ombudsman for procurement integrity issues (see OUSD(AT&L)/DPAP Memo dated October 1, 2009, Subject: Ombudsman for Procurement Integrity).

(g) Government personnel may use the Ombudsman Program as a way to express concerns about an acquisition.

5301.9103 Solicitation Provision and Contract Clause

Insert a clause substantially the same as the clause at 5352.201-9101, Ombudsman, in all solicitations (including draft solicitations) and contracts.