Subpart 5101.1 - Purpose, Authority, Issuance
5101.101 Purpose.
The Army Federal Acquisition Regulation Supplement (AFARS) implements and supplements the Federal Acquisition Regulation (FAR), the Defense FAR Supplement (DFARS) and the DFARS Procedures, Guidance and Information (PGI) to establish uniform policies for Army acquisition. It does not restrict the exercise of good business judgment or stifle innovation.
5101.105 Reserved.
5101.105-3 Copies.
The AFARS is available electronically on Procurement.Army.mil (https://procurement.army.mil) at https://spcs3.kc.army.mil/asaalt/procurement/AFARS/Home.aspx. The Office of the Deputy Assistant Secretary of the Army (Procurement) (ODASA(P)), Procurement Policy Directorate, SAAL-PP will issue notices of AFARS revisions to all senior contracting officials (SCOs).
5101.108 FAR conventions.
(b) Delegation of authority. Each authority is delegable within the contracting chain of authority unless otherwise indicated by law, statute, or regulation. All delegations must reference the applicable AFARS citation. Delegations that do not include expiration dates remain effective until a higher authority supersedes or cancels them.
5101.108-1 Introduction of delegations matrix at Appendix GG and instructions for use.
(b)(S-90) Delegations of certain procurement authorities are identified throughout the AFARS with a pointer to a matrix, labeled Appendix GG . Appendix GG outlines all delegations of authority within the FAR, DFARS and AFARS, and specifies whether the authority prohibits or allows for further delegation. The Army level of authority identified in the matrix is the lowest level of delegation.
5101.170 Peer reviews.
(a) DoD peer reviews.
(1) The SCO will concur, in writing, on all solicitation and contract packages submitted for each phase of any DoD peer review. For the first phase only, the SCO will send a copy of the written concurrence to the DASA(P) (see AFARS 5101.290) and provide a copy to the HCA. See AFARS PGI 5101.170-2.
(2) Contracting activities shall provide their rolling annual forecast of acquisitions that will be subject to DoD peer reviews to the address at 5101.290(b)(2)(ii)(A) at the end of each quarter. See AFARS 5104.802(f)(4) for peer review forecast requirements. See AFARS PGI 5101.170-3.
(b) Component peer reviews.
(i) Army peer reviews. Army pre-award reviews will be conducted when the SPE, HCA, or SCO designates procurements not subject to the procedures at DFARS 201.170(a)(1)(i) or 201.170(a)(1)(ii) as a special interest program. See AFARS PGI 5101.170 for procedures.
(ii) Independent Management Reviews (IMRs) (Postaward peer reviews) of contracts for services. Independent Management Reviews shall be conducted if the base period is greater than one year, the IMR takes place prior to the end of the second year of the base period of performance. If the base period of performance is one year or less, the IMR occurs prior to the exercise of the second option period.
(a) The ODASA(P) will conduct an Independent Management Review (IMR) for contracts for services valued at $1 billion or more. The reviews will be conducted in accordance with AFARS PGI 5101.170-4(a).
(b) The HCA will conduct an IMR for contracts for services valued at $100 million or more but less than $1 billion. See Appendix GG for further delegation. For HCA reviews, the HCA will provide the Senior Services Manager a summary report. The summary report will address the independent management review required elements in DoDI 5000.74 Defense Acquisition of Services and shall be filed within PCF in accordance with AFARS PGI 5101.170-4(b); no later than 45 days after completion of the review.