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DAFFARS

Change Number: DAFAC 2023-0707
Effective Date: 07/07/2023

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MP5301 - Federal Acquisition Regulations System

MP5301 - Federal Acquisition Regulations System

2019 Edition

Revised: June 2023

MP5301.6 - CAREER DEVELOPMENT, CONTRACTING AUTHORITY, AND RESPONSIBILITIES

MP5301.601 (a)(i) Department of the Air Force Approval Authority Matrices

MP5301.602-2 (d) Designation, Assignment, and Responsibilities of a Contracting Officer's Representative (COR)

1.0 Contracting Officer Roles and Responsibilities

2.0 COR Roles and Responsibilities

3.0 COR Supervisor

4.0 OGE 450 Determination and Processing

5.0 Quality Assurance Program Coordinator (QAPC)

6.0 Memorandum Templates and Contract Training Syllabus

MP5301.603-90 Selection, Appointment, and Termination of Appointment of Contracting Officers

MP5301.90 - CLEARANCE

MP5301.9001 (i)(1)(i)- Business Clearance Approval by the DAS(C)/ADAS(C)

MP5301.9001a (A) Business Clearance Approval for Non-Competitive Actions

MP5301.9001b (B) Business Clearance Approval for Competitive Actions

MP5301.9001i2vi - Clearance Approval when the HCA is SSC/PK Director

MP5301.9001i2viA (A) Procedures.

MP5301.6 - CAREER DEVELOPMENT, CONTRACTING AUTHORITY, AND RESPONSIBILITIES

MP5301.601 (a)(i) Department of the Air Force Approval Authority Matrices

2023 Edition

Tables 1 and 2 consist of delegations (or retentions) of authority made by the Department of the Air Force Agency Head (HoA), Senior Procurement Executive (SPE), Service Acquisition Executives (SAEs), and Head of Contracting Activities (HCAs). The Tables do not contain authorities originally invested somewhere other than those positions (e.g., certain class deviations which must be approved by DPC). Table 3 reflects the authority to enter into, approve, or terminate Grants, Cooperative Agreements, Other Transactions and Procurements for Experimental purposes—including the issuance of a warrant for such purposes.

TABLE 1 – SAF/AQ NON-SPACE SYSTEMS AND PROGRAMS:

SAF/AQ is authorized to execute HoA, SAE, and SPE responsibilities for non-space systems and programs, including product support, unless otherwise noted in regulations or policy. For non-space systems and programs, including product support SAF/AQC (Deputy Assistant Secretary (Contracting) or the Associate Deputy Assistant Secretary (Contracting)) is designated HCA. Documents requiring HCA approval by SAF/AQC shall be submitted through the SCO to the SAF/AQC Workflow. Approvals from SAF/AQ, SecAF, or DPC require coordination from SAF/AQC.

Packages submitted to SAF/AQ shall include an electronic Staff Summary Sheet (eSSS) in the body of the email or as an attachment (Word document only). Include any applicable documentation and list each attachment under “Tabs” on the eSSS using the exact electronic file name (e.g., ACE Acquisition Strategy) of the corresponding attachment. Changes recommended during the staffing process must be adjudicated by the contracting officer. Submit questions or concerns regarding processing packages that require SAF/AQ approval to SAF/AQC Workflow.

TABLE 2 SAF/SQ SPACE SYSTEMS AND PROGRAMS:

SAF/SQ is authorized to execute HoA, SAE, and certain SPE responsibilities for space systems and programs, unless otherwise noted in regulation or policy. For space related systems and programs, the SSC/PK Director, the Space Development Agency (SDA) Director, or Space RCO (SpRCO) Director of Contracting are designated HCAs. Submit documents requiring HCA coordination or approval to the cognizant HCA workflow identified in DAFFARS 5302.101. Approvals from SAF/AQ, SAF/SQ, DPC, or SecAF require coordination from the HCA.

NOTE : Further Delegable Columns with “No” indicate retained responsibilities or those that are non-delegable or cannot be delegated further per regulation or statute. Further Delegable Columns with “Yes” require written delegations approved by the Delegated Authority reflected.

Table 3 : Authority to enter into, approve, or terminate Grants, Cooperative Agreements, and Other Transactions has been approved as shown below. This authority may be redelegated within the contracting functional chain of responsibility, in writing, under such terms, conditions, and limitations as may be deemed appropriate.

MP5301.602-2 (d) Designation, Assignment, and Responsibilities of a Contracting Officer's Representative (COR)

The following are mandatory procedures (MP) for standardizing the Air Force (AF) contracting process regarding designation, assignment, and responsibilities of a Contracting Officer’s Representative. The assignment of a COR is not necessary when the CO retains or delegates surveillance to DCMA, or one of the categories of services exempted in DAFI 63-138, except Construction. DoDI 5000.72 requires COs to designate a COR for Construction contracts, unless the contracting officer retains and executes contract oversight responsibilities when the conditions of DFARS 201.602-2 exist.

1.0 Contracting Officer Roles and Responsibilities

1.1 As part of the acquisition planning process, the CO must determine the nature of the work/requirement (Type A, B, or C) as specified in DoDI 5000.72, DoD Standard for Contracting Officer’s Representative (COR) Certification.

1.2 If the requiring activity has not yet initiated a COR nomination, the CO must initiate the Request for COR Support to notify the requiring activity of the need for COR(s) support and to prompt requiring activity nomination of a qualified COR via the Joint Appointment Module (JAM) (formerly CORT Tool) in Procurement Integrated Enterprise Environment (PIEE).

1.2.1 The Request for COR Support memorandum initiated by the CO should be routed through requiring activity (e.g., COR Supervisor, Functional Commander/Director (FC/FD)). See Enclosure 5 of DoDI 5000.72, Qualification Requirements for CORs and Enclosure 6 of DoDI 5000.72, Examples of COR Responsibilities and COR Certification Requirements. The COR must file the CO’s Request for COR Support memorandum (if used) in the “COR Online File.”

1.2.2 The CO must provide contract specific training (see paragraph 1.3.7). COR management is responsible for ensuring that any COR performing under a waiver pursuant to sections 1701-1764 of Title 10, United States Code completes all required training. New entrant and required DoD Component provided ethics (U.S. Air Force Annual Ethics Training for OGE Form 450 filers or DAU ACQ 0030 for non-OGE Form 450 filers) and combating trafficking in persons (CTIP) training may not be waived.

1.2.3 The CO shall perform, with participation of the COR and COR supervisor, a yearly administrative review of the COR's online file during the anniversary month of appointment, or more often, at the discretion of the CO. The CO shall upload the COR File Annual Checklist to the Surveillance and Performance Monitoring (SPM) (Formerly CORT Tool) in PIEE comprised of the minimum requirements of, COR-related documents necessary for the effective discharge of COR duties and responsibilities. The Checklist (available in SPM) shall guide the COR in populating the online COR File and serve as the basis for the CO to judge the accuracy and completeness of the COR file during each review. 1.2.4 Upon completion of each CO review of the online COR File, the CO shall document the results on the COR File Annual Checklist and upload each Checklist review to the SPM. 1.2.5 The COR Designation from the CO must also:

(a) Designate the COR (if required) as an Assessing Official Representation (AOR) supporting the CPAR process;

(b) Stipulate that the COR will be required to have access to the Synchronized Pre-Deployment & Operation Tracker (SPOT) (if required due to overseas deployment support); and

(c) Stipulate whether the COR will require access to the System for Award Management (SAM) to review the contractor's service contract reports.

1.2.6 Notification of COR designation should be provided to the QAPC.

1.2.7. Distribution of the fully executed COR designation must be made to the COR, COR Supervisor, Contractor and Property administrator. In addition, notification must be sent to the local Judge Advocate General office or Office of General Counsel immediately upon the appointment of a COR designated as an OGE Form 450 filer, and annually by January 1st , a list of all CORs required to file OGE Forms 450.

1.3 CO, Contract Specialist, or QAPC Led Training. The CO must ensure contract-specific training is scheduled and provided to the prospective COR, unless waived (see 1.2.2). The training may be conducted by the CO, Contracting Specialist, or QAPC, and must consist of the following at a minimum prior to contract award:

1.3.1 Duties/responsibilities to be delegated;

1.3.2 Importance of COR performance;

1.3.3 Personal conflicts of interest and potential conflicts of interest;

1.3.4 Unauthorized commitments;

1.3.5 Ethics/integrity in relationships with the CO, COR management (e.g., COR Supervisor, Services Designated Official (SDO), Functional Commander/ Directors (FC/FD)), and the contractor;

1.3.6 Discussion of the Seven Steps to the Services Acquisition Process .

1.3.7 Contract-specific training consisting as a minimum of the following:

1.3.7.1 A discussion of the contract (SOW, PWS, Specifications, etc.), and surveillance plan/QASP;

1.3.7.2 An awareness of any areas in the contract susceptible to fraud, waste, and abuse;

1.3.7.3 Creation, maintenance, and submission of all surveillance documentation and contractor performance assessment information required by the contract and applicable regulations;

1.3.7.4 How the COR can stay abreast of contract modifications;

1.3.7.5 How the COR can monitor contract fund status; and,

1.3.7.6 Joint CO and COR review of the “COR File Annual Checklist” to ensure mutual understanding of the level/quality of surveillance and documentation must be maintained in the on-line SPM file.

1.3.8 Refer to the Suggested Contract-Specific Training Syllabus template for conducting contract-specific training. The template may be tailored to fit your acquisition.

COR Performance and Appraisal

1.4 At a minimum, the CO and COR supervisor must review the COR’s reports, files, and other documentation for completeness/accomplishment, on an annual basis.

1.5 The CO must provide an annual assessment, as a minimum, on the COR’s performance to the COR supervisor. The assessment may be performed concurrently with the administrative review of the COR online file detailed in 1.2.3.

1.6 The COR must complete and upload reports to the SPM, as required, to enable the CO to review and approve/ reject reports in the SPM.

1.7 When the CO terminates the COR’s duties (see Termination of COR Designation), a new COR can be nominated prior to terminating the former COR. The requiring activity must nominate a COR replacement via the JAM to ensure continuous contract monitoring by a qualified individual. Copies of the designation for the successor COR will have the same distribution requirements as the COR letter of designation.

1.8 When the requiring activity requests termination of COR designation, the CO must terminate the COR designation in writing (use of the “Smart Form” in the JAM is authorized). Include the signed Termination of COR Designation in the official contract file.

1.9 The CO must forward a copy of the fully executed Termination of COR Designation to the COR, COR Supervisor, Contractor, and as applicable, to the contract administration office(r).

2.0 COR Roles and Responsibilities

2.1 Register for JAM and SPM access through the PIEE e-Business Suite at https://piee.eb.mil/, and complete training to effectively perform duties in the SPM. Training includes a review the JAM and SPM Users Guide and FAQs, and if necessary, a request for additional training from a local Department Administrator (DA).

2.2 Provide information necessary to assess whether any actual or potential personal conflicts of interest with performing the responsibilities to be designated exist. Conflicts of interest determination will be reviewed again prior to contract award.

2.3 Participate, as requested, in annual CPAR procedures and contract close-out.

2.4 Remain abreast of changes to terms and conditions of the contract resulting from contract modifications.

2.5 Perform only those duties/responsibilities delegated by the CO in the COR Designation.

2.6 CORs may be designated as the Assessing Official’s Representative (AOR) by the CO in the Contractor Performance Assessment Reporting System (CPARS) IAW the CPARS Guide. If designated as an AOR, the COR would be responsible for providing a timely, accurate, quality, and complete narrative for a report on the contractor's performance. If the CO requires the COR to have access to the contractor performance assessment reporting system (CPARS), the synchronized pre-deployment and operational tracker (SPOT) or the System for Award Management (SAM), an account would be authorized and granted after COR designation.

2.7 If a Chief-Contracting Officer’s Representative (C-COR) is appointed for a service contract pursuant to AFI 63-138 , Acquisition of Services, Chapter 2, the C-COR must maintain the sole online COR file in SPM for the contract. When a CO appoints a C-COR and CORs on the same contract, the relationship shall be annotated on the COR Designation.

3.0 COR Supervisor

3.4 Conduct regular reviews of COR inputs into SPM, and follow-up as necessary, on the content, timeliness, and completeness of COR Reports, online files, and other COR-related documentation.

3.1 Register for SPM access via the Procurement Integrated Enterprise Environment (PIEE) e-Business Suite at https://piee.eb.mil/, and then complete training to effectively perform duties in the SPM. Training includes a review of the JAM and SPM Tool Users Guide and FAQs, and if necessary, a request for additional training from a local DA.

3.2 Review and approve (certify) or reject COR nominations in the JAM, when submitted by an assigned COR in the JAM and notified by a system-generated email that a nomination is “Awaiting Approval”.

3.3 The COR Supervisor shall ensure that the COR completes and uploads COR Reports to SPM, as required, to enable the CO to review and approve/ reject reports in the SPM.

4.0 OGE 450 Determination and Processing

4.1 A COR must file an OGE 450 if determined to meet the criteria for filing a Confidential Financial Disclosure Report (OGE Form 450) as set forth in section 2634.904 of Title 5, Code of Federal Regulations, and section 7-300 of DoD 5500.07-R.

4.1.1 A COR need not be designated as an OGE 450 filer, IAW section 2634.904 of Title 5, if all of the following apply:

(a) The COR will NOT participate personally and substantially in any contracting process,

(b) The COR will NOT exercise substantial discretion, through interactions, decisions, or reports, that will influence the contractor’s activities and result in a substantial economic effect on the contractor’s interests,

(c) The COR’s work and judgment WILL BE subject to “substantial supervision and review” by the CO & COR Supervisor, with final authority deferred to the CO for contractor direction and contract-related matters, and (d) The COR’s actions will NOT cause any conflict of interest (real or apparent) between the interests of the COR and the government and/or the contractor

4.2 The COR must submit the completed OGE 450 directly to his or her supervisor and provide the information contained on the OGE 450 to the CO for review prior to submission to the local legal office by the required date.

5.0 Quality Assurance Program Coordinator (QAPC)

5.1 Train CORs and COR management [e.g., COR Supervisor, SDO, Functional Commanders/Directors (FC/FD)] on the contracting requirements associated with the quality assurance program and any MAJCOM/FLDCOM/DRU/DAFRCO procedures prior to contract award. See paragraph 1.5 herein.

5.2 Assist the CO in providing contract-specific training (to include refresher training) to the COR (Reference paragraph 1.3 above) and ensuring required training is accomplished in accordance with DoDI 5000.72, DoD Standard for Contracting Officer’s Representative (COR) Certification, 26 Mar 15.

5.3 Monitor the inputs and use of SPM for the assigned organization. This requires registration, training, and designation as a local JAM/SPM DA or Manager Role by all QAPCs. DAs/Managers provide functional, not technical support, and provide for the continued deployment of JAM and SPM for new users and for the support of existing users in the local organization, by performing three categories of duties:

5.3.1 GETTING STARTED:

(a) Advise or assist new users with initial JAM/SPM registration, or existing users with registration and profile updates, through the PIEE e-Business Suite platform;

(b) Activate new roles (if designated as a DA) and added roles (only if a DA) after verifying proper completion of the automated DD2875; and,

(c) Conduct JAM SPM training or provide training resources to users.

5.3.2 USER SUPPORT:

(a) Advise and assist on the functions & features of JAM/SPM;

(b) Use Administrator or Manager privileges to research, troubleshoot, and advise on reported functional issues;

(c) Refer users to the PIEE Helpdesk, when a reported issue involves accounts, errors, or technical support;

(d) Monitor records of all COR nominations, designations, and terminations of designations, to include COR’s acknowledgement of their duties, by contract number and CO’s name;

(e) Monitor records of all COR and COR management training, including refresher training regardless of provider (e.g., QAPC, CO, contract specialist, contract administrator, Defense Acquisition University, or commercial training provider)

MP5301.603-90 Selection, Appointment, and Termination of Appointment of Contracting Officers

Revised: June 2023

(a) Applicability. This MP must be used when selecting, nominating, appointing, and terminating contracting officers (CO) to maximize standardization across the AF. Warrants are issued in accordance with FAR 1.603, DFARS 201.603, 10 U.S.C. § 1724 and this MP. The SCO may delegate this authority to the highest contracting official in the contracting chain at geographically separated organizations, but in no event will the designee be lower than a GS-15 (or equivalent) or O-6. Authority to issue limited contracting officer warrants up to $5M and authority to terminate appointments up to $5M may be delegated, but in no event will the designee be lower than the COCO.

(b) Warranting. 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 complies with the requirements at DFARS 201.603-2 and this MP.

(c) Focal Point (FP). FPs must be designated in writing via the FP designation form and may be assigned unlimited or limited duties as indicated in the Warrant Process Focal Point Designation Form . Each SCO is responsible for appointing FPs and must designate at least one FP with full duties. SCOs may delegate authority to appoint limited FPs to the COCO. This authority is not further delegable. Follow the form instructions when appointing FPs.

(d) AF CO Warrant Tracking Tool. All warrants are entered into and tracked via the AF CO Warrant Tracking Tool ( AFCOWTT). FPs obtain access to the AFCOWTT by submitting a copy of the Warrant Process Focal Point Designation Form to HQ AFMC/PK. Prior to obtaining access, FPs must request training on the use of the AFCOWTT by contacting HQ AFMC/PK, as applicable. FPs are responsible for entering all warrant data into the tool, and for uploading warrants ( SF1402s) (and up to three past SF1402s), a copy of the Contracting Officer Test (COT) certificate, and the Contracting Officer Appointment/Warrant Eligibility Transfer/Termination Request (COWER). FPs also administer all other warrant actions and are responsible for maintaining current, accurate, and complete warrant data in the AFCOWTT.

(e) CO Warrant Nomenclature. All transferable warrants shall list “Department of the Air Force” on the ‘Organization’ and ‘Agency/Department’ lines of the SF1402. All transferable warrants are numbered as follows: the first two positions are “AF”, the third and fourth positions are the last two digits of the fiscal year (FY) in which the appointment is made, and positions 5-9 are obtained from the identification (ID) field of the AFCOWTT; for example, in FY21 an ID field number of 12345 would yield an appointment number of AF-21-12345. Current transferable warrants will be updated through attrition. All new non-transferable warrants will be numbered as follows: Organization-FY-XXXXX e.g., SSC-21-12499 for SSC; last 5 positions are obtained from the ID field of the AFCOWTT.

(f) Nominating Warrant Candidates. Warrant candidates are nominated by a candidate sponsor who shall be no lower than the candidate’s first level supervisor. Submit warrant nominations to the designated FP using the COWER.

(g) Contracting Officer Test. Candidates for warrants above the simplified acquisition threshold (SAT) must pass the two-hour timed, open book COT by achieving a minimum score of 80%.

(1) The COT is a proctored, computer-generated test containing 25 randomly selected true/false and multiple-choice questions from the FAR, DFARS, and/or AFFARS. Each question is worth up to two points.

(2) During the COT, candidates are limited to the use of electronic regulations available via www.acquisition.gov and hard copies of the FAR and DFARS (free of tabs and notes); however, hard copies will not be provided. Notes and electronic devices are not permitted in the testing site. Use of email, instant messaging, or any other form of electronic communication is prohibited during the COT.

(3) Candidates must provide the correct answer and the correct, associated complete reference (e.g., FAR 15.401(a)(2)(i)(B)), in order to earn two points. If the candidate answers the question correctly but provides an incorrect reference, one point will be received. If the candidate answers the question incorrectly but the reference correctly, the candidate will not receive any points as this indicates a failure to understand the regulation. The COT is automatically and electronically scored.

i. If the candidate fails to pass the COT, the candidate may challenge missed questions and/or references in accordance with the Proctor User Guide only when approval of the challenge would result in a passing score. (NOTE: Access to the guide is restricted to warrant focal points.)

ii. A candidate who fails the COT may retake it if authorized by their immediate supervisor and space is available. If the candidate fails to pass the COT on the second attempt, the candidate may not retake the COT until a six-month waiting period has passed.

iii. Supervisors are authorized to approve a maximum of two continuous learning points per 12-month period for an individual who completes the COT, whether for a warrant request action or for training purposes.

(4) Practice COT: A practice test titled Contracting Officer Demo Test - C10979 was developed to help familiarize warrant candidates with the question structure of the COT. The practice test is available via the myLearning site. It is a non-proctored, 50-minute, timed test consisting of ten questions which are electronically and randomly selected from a 20-question pool. Practice tests may not be administered on the SCORM site. There is no limit on the number of times the practice COT may be taken. The completion of a practice test shall not be used as the basis for warrant eligibility.

(h) Warrant Boards. Warrant boards are reserved exclusively for warrants exceeding $25M and are used to further assess the candidate’s experience, qualifications, communication skills, and overall demeanor.

(1) Warrant boards must be chaired by the appointing official or designee at a level no lower than:

i. Deputy Director or Assistant Director of Contracting;

ii. Technical Director/Assistant to the Director of Contracting;

iii. Chief of the Clearance and Program Support Division or Chief of Policy;

iv. Highest level contracting official at a geographically separated organization; or

v. COCO, Deputy, or equivalent.

(2) Warrant boards must have a minimum of five members, including the board chairperson, participating to constitute a quorum. Suggested board composition includes:

i. Contracting office supervisors;

ii. Representative from the staff judge advocate office;

iii. Competition Advocate;

iv. Clearance/program support procurement analyst;

v. Small business specialist/liaison;

vi. Supervisors/Directors/Deputy Directors from other disciplines; and/or

vii. Cost/Price Analyst

(3) Warrant board members may participate in person, by teleconference, or video conference at the discretion of the board chairperson.

(4) The warrant candidate must correctly answer and/or discuss no fewer than 10 questions, seven of which must be obtained from the scenario-based AF question repository. To obtain access to the question repository, submit the Warrant Process Focal Point Designation Form to HQ AFMC/PK. The appointing official has the discretion to develop new questions(s) for the remaining three questions, which may be scenario- or knowledge-based. The board shall include questions that address PEO, Enterprise, and Operational portfolios, as well as pricing, fiscal law, contract law, legal, and problem solving.

(5) The board chairperson/appointing official, in consultation with the board members, may appoint an unlimited warrant, a limited, specified dollar warrant, or none. Individuals awarded an unlimited warrant as a result of a warrant board shall not be required to sit before the board again, except in the case of a reappointment after a termination for cause (See Para. (s)).

(i) Unlimited Warrants. Unlimited warrants require a minimum of two years of contracting experience, a baccalaureate degree, successful completion of the COT and passing a warrant board. Additionally, unlimited warrant candidates, at a minimum, shall possess the DoD Contracting Professional Certification (Back-to-Basics) or legacy DAWIA Contracting certification. All unlimited warrants are transferable across the AF.

(j) Limited Transferable Warrants. Warrants limited by a monetary threshold are transferable across the DAF. Dollarized warrant limitations apply to the value of the instant contract action a CO is executing. For example, if a CO holds a limited warrant of $5M and the contract award amount of the instant action is $6M, the CO is not authorized to sign the contract; however, the same CO would be authorized to sign a $5M funding action issued against the same contract.

(1) For limited warrants up to SAT, contracting personnel (including purchasing agents in the GS-1105 series) must have at least one year of contracting experience.

(2) For limited warrants exceeding SAT up to $5M, contracting personnel must have a minimum of two years of contracting experience and have successfully completed the COT. Warrant boards shall not be convened for warrants within this threshold.

(3) For limited warrants exceeding $5M up to $25M, contracting personnel must have a minimum of two years of contracting experience, successful completion of the COT, and vetting process established by the appointing official and documented on the COWER. Warrant boards shall not be convened for warrants within this threshold.

(k) Local National (LN) Warrants. LNs in an equivalent occupational series to GS-1102 may be selected for a contracting officer appointment in accordance with this MP.

(1) Warrants up to SAT require a minimum of one year of contracting experience.

(2) A LN candidate for a warrant exceeding SAT up to $5M must meet the following minimum functional training, work experience, and formal education requirements:

i. Complete all contracting courses as required for a member of the DoD Contracting Professional Certification or legacy DAWIA Contracting certification in contracting required for the warrant amount;

ii. Have a minimum of two years of contracting experience; and,

iii. Possess a baccalaureate degree (or the equivalent).

(3) Warrants exceeding $5M up to $25M require a vetting process established by the appointing official and documented on the COWER.

(4) Warrants exceeding $25M require a warrant board.

(l) A member of the contingency contracting force in AFSC 6C0X1 who does not possess a baccalaureate degree from an accredited institution may be nominated, evaluated, and selected for a limited warrant not to exceed $25M in accordance with 10 USC 1724. Military and Civilian personnel with an active Department of the Air Force warrant, may use their existing warrant in support of Contingency Operations.

(m) Non-Transferable Warrants. Non-transferable warrants may be issued for specific functions or buying activities (e.g., contract closeout, defective pricing actions, funding modifications, administrative modifications, specific contracts, units, etc.) Candidates for limited non-transferable warrants above the SAT should pass the COT in accordance with this MP. Warrant boards shall not be used for non-transferable warrants; however vetting process may be used when the resultant contract actions are expected to exceed $25M. The SF1402 must clearly state “Limited Non-Transferable Warrant” and cite the specific warrant limitations.

(n) Warrant Transfer and Reinstatement.

(1) Warrants issued in accordance with this MP, except for those issued in accordance with paragraph (m) above, are transferable across the AF. As long as a warrant is in good standing, an individual shall not be required to test or board again. However, warrant transferability does not guarantee immediate utilization, as the gaining appointing official may determine that time is needed to facilitate familiarity with new workload responsibilities and organizational procedures. Instructions regarding electronically transferring a warrant to a new organization are located in the AFCOWTT.

(2) Warrant reinstatement is applicable to an individual who previously held an AF warrant and whose warrant was subsequently terminated for reasons such as reassignment or resignation. A request to reinstate an AF warrant must be submitted to the appointing official for approval through the designated FP using the COWER. The appointing official shall document their assessment and rationale for warrant reinstatement on the COWER.

(o) Grandfathered Contracting Officers. Current COs are not required to be tested, boarded, or reappointed as a result of the issuance of, or changes to, this MP. However, those with limited non- transferable or limited transferable warrants must meet the requirements of this MP to obtain a transferable and/or higher dollar value warrant. Taking of the COT is only required for those candidates holding a limited non-transferable warrant. Due to changes in the DoD certification program, some candidates may be unable to complete certification. An individual without certification may be selected for contracting officer appointment (limited or unlimited) if approved by the warrant issuing authority (SCO/COCO).

(p) Warrants Issued Based on External Warrant Credentials. A new AF 1102 with external, federal government CO experience may be issued an AF warrant without meeting the requirements of this MP (COT and vetting process or warrant board) based on the discretion of the appointing official, provided they meet the qualification requirements at DFARS 201.603-2. The appointing official must conduct an assessment of the candidate’s qualifications and experience prior to the issuance of an AF warrant. The appointing official shall document the rationale for appointment on the COWER ( See sample criteria.)

(q) Warrant Reciprocity. In Aug 2022, the Assistant Secretaries of the Air Force and the Army (Acquisition, Technology, and Logistics) signed Memorandum of Agreement (MOA), Cross-Service Contingency Warranting Procedures, between the two Departments. This MOA, which expires in Aug 2032, established a warrant reciprocity relationship during contingency operations as defined in l 0 U.S.C. § l01(a)(13), or in support of an emergency or major disaster as defined in 42 U.S.C. § 5122, or as otherwise directed by the Secretary of Defense in support of U.S. government-led operations (hereinafter, "contingency operations"). The MOA mandates recognition of cross-service warrants and qualifications for both military and civilian personnel and requires each services’ Head of the Contracting Activity (or delegated warranting authority) to recognize cross-service warrants and the qualifications and thresholds identified therein without additional testing, assessments, or issuing a new warrant. The intent of this MOA is to enable the lead Service for a contingency operation to avoid delays in providing expeditionary contracting support.

(r) Reissuance of Warrant Certificates. A request to reissue an existing warrant certificate for administrative purposes (e.g., damage to or deterioration of the original SF1402, name changes, etc.) is not a new appointment and may be submitted directly to the FP for processing to the appropriate appointing official; use of the COWER is not required. (s) Warrant Suspension or Termination for Cause. Warrants may be suspended or terminated for unsatisfactory performance. The appointing official may suspend a warrant in writing until proficiency is demonstrated to the satisfaction of the appointing official. If a warrant is terminated for cause, the candidate must be reappointed in accordance with paragraphs (i), (j), or (k) of this MP, to include a warrant board for reappointment of an unlimited warrant.

MP5301.90 - CLEARANCE

MP5301.9001 (i)(1)(i)- Business Clearance Approval by the DAS(C)/ADAS(C)

MP5301.9001a (A) Business Clearance Approval for Non-Competitive Actions

(1)The contracting officer will submit notifications to SAF/AQC thirty days prior to the anticipated Business Clearance Session with the DAS(C)/ADAS(C).

(2) no later than 10 business days prior to the desired Business Clearance Session, the contracting officer will forward the following documents through the SCO to SAF/AQC :

(a) Completed Request for Business Clearance (non-competitive);

(b) Copies of the Commercial Item Determination(s) ( DFARS 212.102(a)(i)) that are greater than or equal to $1M;

(c) Preliminary Price Negotiation Memorandum and related attachments;

(d) Request for Business Clearance (non-competitive) briefing charts; and

(e) On a case-by-case basis, additional documentation may be requested in support of the SAF/AQC and/or DPC Peer Review.

(f) The designated CR will conduct the clearance review prior to submitting the required clearance documents to SAF/AQC.

(g) If DPC Peer Review is required, the Business Clearance Session to brief the clearance approval official occurs prior to the commencement of the DPC Peer Review Phase 1. The Business Clearance Approval document may be signed by the clearance approval official prior to Phase 1, but commencement of negotiations are conditioned upon successful completion of the Peer Review. If DPC Peer Review is required, and the Business Clearance Session has been delegated to the SCO, follow the procedures above for notification and document submission to SAF/AQC.

(h) The contracting officer shall submit a revised Business Clearance Approval document for DAS(C)/ADAS(C) approval, prior to concluding negotiations, when changes to the original negotiation range or parameters that were set forth on the approved Business Clearance Approval document are required. Submit the documents through the SCO to SAF/AQC for approval. Negotiation offers that exceed the approved negotiation range or parameters may not be made until a revised negotiation range or parameters are approved.

MP5301.9001b (B) Business Clearance Approval for Competitive Actions

(1) The contracting officer will submit notifications to SAF/AQC thirty days prior to the anticipated Business Clearance Session with the DAS(C)/ADAS(C).

(2) No later than 10 business days prior to the desired Business Clearance Session, the contracting officer will forward the following documents through the SCO to SAF/AQC :

(a) Business Clearance Approval;

(b) Request for Business Clearance (competitive) briefing charts;

(c) Request for Proposal (including attachments); and

(d) On a case-by-case basis, additional documentation may be requested in support of the SAF/AQC and/or DPC Peer Review (e.g., Source Selection Plan, Acquisition Strategy Document, Acquisition Strategy Plan Charts).

(e) The designated CR will conduct the clearance review prior to submitting the required clearance documents to SAF/AQC.

(f) If DPC Peer Review is required, the Business Clearance Session to brief the clearance approval official occurs either before or after the commencement of the DPC Peer Review Phase 1. The decision to hold Peer Reviews prior to Business Clearance approval will be made in coordination with SAF/AQC. Should Business Clearance be held prior to the Peer Review, Business Clearance is conditioned upon successful completion of the Peer Review. If DPC Peer Review is required, and the Business Clearance Session has been delegated to the SCO, follow the procedures above for notification and document submission to SAF/AQC.

MP5301.9001i2vi - Clearance Approval when the HCA is SSC/PK Director

MP5301.9001i2viA (A) Procedures.

(1) The Clearance Approval Authority (CAA) is responsible for tailoring the documentation needs, briefing requirements, and review processes to fit each action subject to clearance approval. Guidelines to inform the CAA’s decisions regarding procedures are presented below. The contracting officer shall consult with the CAA early in the acquisition process to determine the documentation, briefing, and review expectations.

(a) Documentation and Briefing. The magnitude, complexity, and risk of the proposed action should govern the documentation and briefing requirements. The contract file must document the Clearance approval and identify the information relied upon in making the Clearance decision.

(b) Review. The magnitude, complexity, and risk of the proposed action should also inform review procedures (e.g., timing and duration of review, review team members, documentation to be reviewed, expected output from the review team). Clearance review provides an independent examination of the proposed action and may be conducted by the CAA or an independent advisor to the CAA. Clearance review at the SCO level is typically performed by SSC/PKV with support from SSC/PKF and SSC/JAQ. In some circumstances, inclusion of representatives from other functional organizations (e.g., SSC/FM, SSC/SB) may be beneficial.

(c) When a DoD Peer Review is required, Clearance should ordinarily be conducted prior to the Peer Review and Clearance approval should be made contingent on Peer Review results unless the Clearance Approval Authority directs otherwise

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