AFARS -- Part 5101
Federal Acquisition Regulation System
Subpart 5101.1 -- Purpose, Authority, Issuance
(a) 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. [AFARS Revision #21, dated May 22, 2007]
(b) All solicitations and contracts with an estimated value greater than $50 million will be approved through a Solicitation Review Board (SRB) and Contract Review Board (CRB). The PARC will establish internal procedures for contract actions with an estimated value of $50 million or less.
(1) Solicitation and Contract Review Boards.
(a) The SRB/CRB will review and assess the pre-solicitation, solicitation and contract award documents for consistency, sufficiency , compliance and application of sound business practices.
(b) The SRB/CRB will verify that the procurement represents an overall good value to the government and appropriate obligation of taxpayer funds.
(c) The SRB/CRB will be an independent, multi-functional team comprised of senior level experts, which will at a minimum include representatives from the acquisition center, small business office, office of counsel, requirements community, and in the case of non-competitive actions, the competition advocate.
(i) To ensure consistency, the same members will participate in both the SRB and the CRB.
(ii) The contracting officer shall resolve all comments from the SRB and CRB prior to attaining clearance for solicitation release and contract award.
(d) The Chairperson for the SRB/CRB will be as follows:
(1) The PARC, without authority to redelegate, will chair the SRB/CRB for actions with an estimated value greater than $50 million but less than $250 million.
(2) The Head of the contracting activity, without authority to redelegate, will chair the SRB/CRB for actions with an estimated value of $250 million but less than $1 billion.
(3) The DASA (P) will serve as the chairperson for special interest actions which will be reviewed by an HQDA level board.
(e) PARCs and HCAs may waive the requirement for a formal review board. The waiver will be in writing and included in the contract file.
(i) Data on the number of SRB/CRB reviews conducted, identification of any systemic issues or trends, best practices and overall effectiveness of the process will be provided quarterly to the Procurement Policy and Support Directorate, SAAL-PP, within 15 days after the end of the quarter. Data will also include information on any PARC or HCA waivers of the formal review board process.
(2) Post-award Peer Reviews
(a) Post award peer reviews for contracts valued at $500 Million or more but less than $1 Billion will be conducted for services contracts that were approved by a HQDA level Army Services Strategy Panel (ASSP).
(i) An annual review will be conducted by the ASSP members. Contracting activities will brief the members as required.
(ii) The information supporting the execution reviews in 5137.590-9 will serve as the basis for the post award reviews. At a minimum, the following elements will be addressed during the post-award review:
(A) Contract performance in terms of cost, schedule and requirements.
(B) Use of contracting mechanisms, including the use of competition, the contract structure and type the definition of contract requirements, cost or pricing methods, the award and negotiation of task orders, and management and oversight mechanisms.
(C) Contractor’s use, management and oversight of subcontractors.
(D) Staffing of contract management and oversight functions
(E) Extent of any pass-through and excessive pass-through charges by the contractor (as defined in Section 852 of the National Defense Authorization Act for Fiscal Year 2007, Public Law 109-364).
(iii) If the service contract involves one contractor providing oversight for services performed by other contractors, the following additional information will also be addressed:
(A) Extent of the DoD Component’s reliance on the contractor to perform acquisition functions closely associated with inherently governmental functions as defined in 10 U.S.C. 2383(b)(3).
(B) The financial interest of any prime contractor performing acquisition functions described in paragraph (iii)(A) in any contract or subcontract with regard to which the contractor provided advice or recommendations to the agency.
(b) The ASSP members will assess the effectiveness of the current services review structure, evaluate the state of the approved acquisitions to include adequacy of competition, assessment of actual contract performance and adequacy of Government surveillance of contract performance and identify lessons learned and successful practices for immediate application to ongoing acquisitions.[AFARS Revision #25, Item I, dated April 1, 2010]
The AFARS is available electronically via the Internet at https://www.alt.army.mil/portal/page/portal/oasaalt/documents/AFARS.pdf [AFARS Revision #21, dated May 22, 2007]
Subpart 5101.2 -- Administration
5101.290 -- Routing of documents and mailing addresses.
(a) All documents relating to procurement matters that require review, coordination, and/or approval by Headquarters, Department of the Army (HQDA) must be sent through procurement channels and be endorsed in writing by the Head of the Contracting Activity (HCA), or on a delegable basis to the Principal Assistant Responsible for Contracting (PARC). The PARC may not further delegate this endorsement. Document packages submitted to HQDA will clearly show all reviews and coordination that the action has received at the PARC and lower-levels, to include legal counsel review. This AFARS provision (5101.290, Paragraph (a)) may not be waived, either on an individual or a class basis. [AFARS Revision #006, dated May 13, 2003]
(b) Addresses which are used frequently follow:
(1) The Deputy Assistant Secretary of the Army (Procurement), Attn: SAAL-ZP, 103 Army Pentagon, Room 2E661, Washington, DC 20310-0103. [AFARS Revision #005, dated September 27, 2002]
(2) Office of the Deputy Assistant Secretary of the Army (Procurement), Business Operations, Attn: SAAL-PB, Rosslyn Metro Center, 1700 North Moore Street, Suite 1475, Arlington, VA 22202. [AFARS Revision #21, dated May 22, 2007]
(3) Office of the Deputy Assistant Secretary of the Army (Procurement), Procurement Policy and Support Directorate, Attn: SAAL-PP, Presidential Tower Building—Suite 10143, 2511 Jefferson Davis Highway, Arlington, VA 22202-3911. When an electronic response or submission is authorized, send the scanned signed documents to this email address: psstaff@conus.army.mil. [AFARS Revision #005, dated September 27, 2002] [AFARS Revision #21, dated May 22, 2007] [AFARS Revision #23, dated May 16, 2008]
(4) Reserved. [AFARS Revision #21, dated May 22, 2007]
(5) Office of the Deputy Assistant Secretary of the Army (Procurement), Army Contracting and Transformation Enterprise Systems Directorate , SAAL-PX, Skyline 6, Suite 302, 5109 Leesburg Pike, Falls Church, VA 22041-3201. When an electronic response or submission is authorized, send the scanned signed document to this email address: esstaff@conus.army.mil. [AFARS Revision #005, dated September 27, 2002] [AFARS Revision #21, dated May 22, 2007]
(6) Office of the Assistant Secretary of the Army (Financial Management and Comptroller), 109 Army Pentagon, Washington, DC 20310-0109. [AFARS Revision #21, dated May 22, 2007]
(7) The Office, Chief of Legislative Liaison (OCLL), Attn: SALL-SPA, 1600 Army Pentagon, Washington, DC 20310-1600.
(8) Chief, Procurement Fraud Branch, (KFLD-PF), Office of the Judge Advocate General, Department of the Army, Suite 510, 901 N. Stuart Street, Arlington, VA 22203-1837. [AFARS Revision #21, dated May 22, 2007]
(9) Office of the Command Counsel, Headquarters U.S. Army Materiel Command, Attn: AMCCC, 9301 Chapek Road, Fort Belvoir, VA 22060. [AFARS Revision #21, dated May 22, 2007]
(10) U.S. Army Corps of Engineers, Directorate of Contracting, Contract Policy Division, Attn: CEPR-ZA, 441 G St., N.W., Washington, DC 20314-1000. [AFARS Revision #004, dated July 26, 2002]
(11) Chief, Army Power Procurement Office, US Army Center for Public Works (CECPW-C), 7701 Telegraph Road, Alexandria, VA 22315-3862.
(12) U.S. Army Contracting Command, ATTN: AMSCC, 9301 Chapek Road, Fort Belvoir, VA 22060-5527.
Subpart 5101.3 -- Agency Acquisition Regulations
(a) The AFARS is issued under the authority of FAR 1.301 and DFARS 201.304 by the Assistant Secretary of the Army (Acquisition, Logistics and Technology) (ASA(ALT)).
(b) The Army has been assigned Chapter 51 of Title 48 of the Code of Federal Regulations (CFR). Supplements to the FAR issued by the Army must insert the number “51” before the primary citation. If the primary citation is to a single digit part number, a zero is also inserted.
(c) When a proposed policy, procedure, clause, or form must be published in the Federal Register, the proposed notice should be formatted in accordance with DFARS 201.402(2) and DFARS 201.201-1(d)(i) and sent with the request for approval in accordance with 5101.304(a)(2) or the request for deviation in accordance with 5101.402.
(i) The Office of the Deputy Assistant Secretary of the Army for Procurement (ODASA(P)) is the point of contact to coordinate the proposed notice, forward it to the Federal Register, answer questions, and receive public comments. At the close of the public comment period, the ODASA(P) will send all comments received to the originator of the notice for analysis.
(ii) When the analysis is completed, the originator must --
(A) Send an updated request for deviation in accordance with 5101.402; or
(B) Send an updated request for approval (which does not involve a deviation) in accordance with 5101.304(a)(2); and
(C) Include the results of publication and analysis under the heading “IV Collaterals.”
[AFARS Revision #21, dated May 22, 2007]
5101.303 -- Publication and codification.
(a) (iii) Subsection numbers 90-99 are reserved for AFARS supplementary material with no FAR or DFARS counterpart. Numbers 9000 and above are reserved for supplementary clauses. HCAs implementing the FAR, DFARS, or AFARS must follow the rules of the FAR System except that numbers 100-199 are reserved for the Army Commands (ACOM), the Army Service Component Commands (ASCC), and the Direct Reporting Units (DRU) with a HCA for unique implementing material with no counterpart in higher-level regulations. Numbers 200 and above are reserved for Army Materiel Command (AMC) major subordinate command unique implementing material with no counterpart in higher-level regulations. For numbering provisions and clauses, see 5152.101.
[AFARS Revision #21, dated May 22, 2007]
5101.304 -- Agency control and compliance procedures.
(a) (1) There can be no supplementation of the FAR except as provided herein. HCAs must ensure that all contracting activity acquisition instructions and regulations are in compliance with the FAR, the DFARS, the DFARS PGI, and the AFARS. The HCAs may issue acquisition instructions as necessary to implement the FAR, the DFARS, the DFARS PGI, and the AFARS without prior HQDA approval with the exceptions of --
(A) Those which require the approval of the Under Secretary of Defense (Acquisition, Technology, and Logistics) or Director, Defense Procurement, Acquisition Policy and Strategic Sourcing (DPAPSS) (per DFARS 201.304);
(B) Any implementation of FAR Part 22, DFARS 222, or Part 5122 unless the AFARS specifically provides otherwise; and
(C) Any implementation of FAR Part 32, DFARS Part 232 to include the DFARS PGI, or Part 5132.
(2) Format requests for approval in accordance with DFARS 201.201-1(d)(i), I through V, adapting the language as necessary to apply to implementing coverage instead of revisions. See 5101.301(b) also.
(3) See 5101.402 for procedures for processing a request for class deviation.
(4) (i) Requests for approval of nonstandard clauses or provisions which are deviations, one time, and recurring, must be processed in accordance with 5101.4. See 5101.301(c) for guidance concerning clauses that must be published in the Federal Register.
(5) Notices of all AFARS revisions will be issued electronically to all PARCs. The official copy of the AFARS will be kept electronically on the Army Acquisition website, sponsored by the Deputy Assistant Secretary of the Army (Procurement) at https://www.alt.army.mil/portal/page/portal/oasaalt/documents/AFARS.pdf. [AFARS Revision #21, dated May 22, 2007]
Subpart 5101.4 -- Deviations From the FAR
(1) The ASA(AL&T) approves class deviations to the FAR and the DFARS. This authority does not extend to --
(A) Deviations with a significant cost or administrative impact on contractors or offerors, or have a significant effect beyond the internal Army operating procedures;
(B) Deviations identified in DFARS 201.402(1); or
(C) Requirements imposed by statute or directives of other agencies (e.g., the Small Business Administration and the Department of Labor).
(3) All FAR, DFARS, DFARS PGI, and AFARS deviation requests should be prepared in accordance with DFARS 201.402(2). Follow the procedures at 5101.301(c) when the deviation must be published in the Federal Register. [AFARS Revision #21, dated May 22, 2007]
5101.403 -- Individual deviations.
(1) Only PARCs may approve individual deviations to FAR, DFARS, and AFARS. This authority does not extend to areas set forth in DFARS 201.402(1); to any provisions which limit approval authority to a level higher than a HCA; and to any provisions based upon statute or Executive Order unless such authority provides for waiver. [AFARS Revision #21, dated May 22, 2007]
(S-90) Deviation copy and control number.
(1) Send one copy of each deviation to the addressee at 5101.290(b)(3) at the time the deviation is granted. [AFARS Revision #005, dated September 27, 2002]
(2) The contracting activity shall assign a control number to each deviation authorized.
[AFARS Revision #21, dated May 22, 2007]
Subpart 5101.6 -- Career Development, Contracting Authority and Responsibilities
(1) Army contracting activities are listed in DFARS 202.101.
(2) HCAs and other contracting officials may re-delegate their contracting authority when consistent with higher-level regulations and directives.
(3) Secretarial delegations of authority and redelegations. Delegations or re-delegation must reference the applicable AFARS citation. Expiration dates may be included; otherwise, the delegations and re-delegations stay effective until superseded or canceled.
(4) HCA responsibilities.
(i) Each HCA must ensure all purchases subject to provisions of FAR, DFARS, DFARS PGI, and AFARS are made by contracting officers selected and appointed in accordance with 5101.603.
(ii) Each HCA must appoint a PARC. When selecting the PARC, the HCA must comply with the requirements of Department of Defense Instruction (DoDI) 5000.66 governing the selection of senior contracting officials.
(A) PARCs will be the senior staff official of the contracting function within the contracting activity.
(B) The PARC shall head an organizational element reporting directly to the HCA. Waivers to this requirement can only be approved by the DASA(P). Requests for a waiver must contain adequate rationale justifying the placement of the PARC in a position other than one reporting directly to the HCA.
(C) The PARC must be assigned, or have direct access to, the personnel and other essential resources necessary to perform all the functions assigned or delegated by the HCA.
(D) For contracting officers, the HCA shall establish appropriate business clearance procedures to ensure compliance with Subpart 5115.406.
[AFARS Revision #21, dated May 22, 2007]
(5) PARC responsibilities. PARCs must --
(i) Carry out those delegable authorities of the HCA except when the HCA elects to exercise selected authorities;
(ii) Head and oversee organizational element reporting directly to the HCA unless an exception has been approved by HQDA; and
(iii) Notify in writing the addressee in 5101.290(b)(3) when there is a newly assigned HCA or PARC. [AFARS Revision #005, dated September 27, 2002]
5101.602 -- Contracting officers.
(b) The office of the contracting officer must be organizationally situated to minimize any potential for undue influence and protect contracting officers from intra-organizational pressure to perform improper acts.
(S-90) Restrictions.
(1) Personnel in the 1101 job classification series are prohibited from being appointed or serving as Contracting Officers. This requirement is not waivable on either an individual or class basis.
(2) Commanders and others having administrative supervision over contracting officers must bear in mind that actions exceeding the authority of a contracting officer are not binding on the Government. Therefore, they shall not direct, or otherwise exert influence, upon a contracting officer(s) to take such actions.
[AFARS Revision #21, dated May 22, 2007]
5101.602-1-90 -- Departmental review and approval.
At any time during the procurement process, the Deputy Assistant Secretary of the Army for Procurement (DASA(P), or designees, may direct the responsible PARC or source selection authority (SSA) to submit a proposed contractual action to the Office of the Assistant Secretary of the Army (Acquisition, Logistics and Technology) for review, notation, and/or approval. The PARC or SSA shall provide any information, documents, and briefings requested, and shall ensure that no final action is taken on the proposed contractual action during the pendency of the DASA(P) review. In accordance with FAR 3.104-4(a), personnel within the Office of the DASA(P) and the Office of the General Counsel are authorized to receive full access to contractor bid or proposal information and source selection information in connection with such reviews. The DASA(P) may designate other authorized recipients on a case-by-case basis (see 5103.104-4(a)). [AFARS Revision #008, dated February 3, 2004]
5101.602-2 -- Responsibilities.
Contracting Officers must validate Contracting Officer Records and Ordering Officer Records every 12 months to ensure compliance with the terms of the contract. A written record of the review is to be placed in the contract file.
(a) (i) Except as authorized in FAR Subparts 17.1 and 32.7 and in (ii) and (iii) below, before issuing a solicitation, the contracting officer must have a written statement (or equivalent) indicating that sufficient funds are available.
(ii) Solicitations may be issued for high priority requirements and Research, Development, Test and Evaluation (RDT&E) incrementally funded contracts before ensuring availability of funds when there is a high probability that the requirement will not be canceled. For foreign military sales (FMS) cases, solicitations may be issued after the submission of an offer from the FMS customer country, but before assurance of funds availability when the United States Army Security Assistance Command determines in writing that the offer appears certain to be accepted.
(A) The contracting officer shall not issue a solicitation under the circumstances in (a) (ii) unless the comptroller or designee has signed the following statement on the purchase request:
“This requirement is included or provided for in the financial plan for fiscal year ______. The accounting classification will be _______. This statement is not a commitment of funds.”
(B) The contracting officer shall include the following statement in all solicitations issued pursuant to this authority when the clause at FAR 52.232-18, Availability of Funds, is not used:
“Funds are not presently available for this acquisition. No contract award will be made until appropriated funds are made available.”
(C) No contract shall be awarded nor shall a prospective contractor be notified of a pending award until funds have been certified to be available by the operating official designated by local regulations or by a “delegation of authority” letter as the official authorized to certify to funds availability.
(D) No solicitation shall be issued for a contract for research and development which is to be incrementally funded over successive years unless planned funds (Future Years Defense Plan (FYDP)) are sufficient to accomplish it. An exception may be approved by the HCA, provided the approval identifies steps to be taken to revise the approved FYDP to include adequate resources.
(iii) Industrial-funded public activities need not comply with (i) and (ii) when issuing solicitations to support offers they will send under the Defense Depot Maintenance Competition Program (Pub. L. 102-396), the Partnership Program (10 U.S.C.2208 (j)) or competition under the Arsenal Act (10 U.S.C.4532(a)).
[AFARS Revision #21, dated May 22, 2007]
(c) Legal participation. Contracting Officers’ use of legal specialists shall be guided by the following:
(i) Legal counsel shall participate as a member of the contracting officer’s team throughout the acquisition process.
(ii) Legal counsel shall review proposed contracting actions in accordance with locally established procedures and as otherwise required by law, regulation, or policy. While it is not practicable to specify, in the AFARS, an inclusive list of actions requiring legal review at each contracting activity, the expectation is that counsel shall routinely review a full range of acquisition-related actions that have potential legal significance. PARCs and chief counsels shall develop specific legal review protocols that are consistent with this provision.
(iii) Legal counsel shall advise whether a proposed action is legally sufficient with details and a recommended course of action to resolve any insufficiency. Contracting officers shall address and resolve counsel’s objections at the lowest possible level. Unresolved objections shall be jointly elevated within the acquisition and legal channels, and, in exceptional cases, brought to the attention of the HCA.
(iv) Legal sufficiency shall relate to areas of statute, regulation, and policy. The Contracting Officer retains sole authority to determine matters that relate to the exercise of business judgment. [AFARS Revision #21, dated May 22, 2007]
(i)(A) A properly trained COR shall be designated in writing prior to contract award. At a minimum, CORs shall complete the DAU online course CLC 106, CORS with a Mission Focus prior to designation. Additional training may be specified by individual PARC organizations.[AFARS Revision #25, Item II, dated April 1, 2010]
5101.602-2-90 -- Appointment of ordering officers.
(a) Policy. The authority appointing the ordering officer shall state in the appointment letter that the ordering officer’s authority may not be re-delegated. See 5153.9002 for a sample appointment letter.
(b) Appointment and termination authority. Ordering officers may be appointed pursuant to 5101.603-1-90(b) for the purposes in (1) through (6) provided the authority appointing the ordering officer determines that the appointment is essential for the operation of the contracting mission. The purposes for which ordering officers may be appointed and references to limitations of their authority are --
(1) To make purchases using imprest funds (FAR 13.305);
(2) To make purchases using Standard Form 44 (FAR 13.306, DFARS 213.306);
(3) To place orders against indefinite delivery contracts awarded by contracting officers of the Military Departments for the preparation for shipment, Government storage, and intra-city or intra-area movement of personal property, provided contract terms permit (see FAR Subpart 47.2);
(4) To place Service Orders for Personal Property (DD Form 1164) against Commercial Warehousing and Related Services for Household Goods contracts for military and civilian personnel subject to the criteria and procedures prescribed in Chapter 2, DoD 4500.34-R, provided that no service order shall be in excess of $10,000; and
(5) To place delivery orders against indefinite delivery contracts, in addition to those in (4), which are awarded by contracting officers of the Military Departments, provided the contract terms permit and provided all orders placed are within monetary limitations specified in the contract.
(c) Responsibilities of appointing authority.
(1) Training and orientation. The appointing authority or designee shall orient and instruct ordering officers either personally or in writing about --
(i) The proper use of the procedure(s) the ordering officer will be authorized to use;
(ii) The standards of conduct for Army personnel prescribed in the Joint Ethics Regulation (JER) (DoD 5500.7-R) and the procurement integrity provisions at FAR 3.104; and
(iii) The preparation and submission of information for contract action reporting purposes.
(2) Surveillance. The appointing authority shall provide technical supervision of ordering officers. At least once each year, the appointing authority shall physically review activities of ordering officers by examination of purchase documents and records. Any individual designated to perform this review must be well qualified in the contracting procedures used by ordering officers.
(i) Inspection or review findings shall be written and shall include specific comments as to whether the ordering officer is --
(A) Operating within the scope and limitations of authority delegated and FAR Subpart 3.1;
(B) Maintaining the standards of conduct prescribed in DoD 5500.7-R;
(C) Engaging in improper practices, including, but not limited to splitting purchase transactions to avoid monetary limitations or delegating authority to others; and
(D) Submitting correct and timely information for reporting purposes.
(ii) Copies of inspection and review findings shall be retained for one year in the files of ordering officers and of inspectors or reviewers.
(iii) If an appointing authority finds that an ordering officer is not properly performing assigned duties or is failing to take prompt action to correct deficiencies noted in inspections or reviews, the appointing authority shall terminate the ordering officer’s appointment.
(3) Termination.
(i) The appointment of an ordering officer shall remain in effect until the ordering officer is reassigned or until the ordering officer’s employment is terminated, unless sooner revoked by the appointing authority or successor. No revocation shall be made to take effect retroactively.
(ii) Terminations of appointments shall be made in writing except for terminations which result when contracts expire.
(d) Procedures.
(1) Appointing authorities shall --
(i) Appoint ordering officers by a letter of appointment substantially in the format at 5153.9002, but tailored to fit the circumstances of the appointment;
(ii) Maintain the file of appointments and justification for the appointments;
(iii) Require individuals appointed as ordering officers to acknowledge receipt of their letters of appointment and termination in writing;
(iv) Distribute letters of appointment to ordering officers, imprest fund cashiers, disbursing officers and other interested personnel as necessary;
(v) Notify contractors, imprest fund cashiers, disbursing officers and other interested personnel of the names of ordering officers appointed to place delivery orders against their contracts unless the ordering officers are named in the contracts. Notifications may be accomplished by furnishing them with copies of the letters appointing ordering officers; and
(vi) Notify contractors, imprest fund cashiers, disbursing officers and other interested personnel of termination of appointment of ordering officers in writing. Notifications may be accomplished by furnishing them with copies of the termination of appointment letter. [AFARS Revision #007, dated August 29, 2003]
5101.602-3 -- Ratification of unauthorized commitments.
(b) Policy.
(3) HCAs may ratify unauthorized commitments and delegate this authority to no one lower than the chiefs of the contracting offices --
(A) $100,000 or less to a PARC; and
(B) $10,000 or less to chiefs of contracting offices.
(c) Limitations.
(7) See 5101.602-3-90.
5101.602-3-90 -- Ratification procedures.
(a) The individual making the unauthorized commitment must send relevant documentation to the individual’s commander or senior staff officer designated for this purpose to include --
(1) A signed statement describing the circumstances, the reason normal contracting procedures were not followed, what bona fide Government requirement necessitated the commitment, the benefit received, and its value and any other pertinent facts; and
(2) All other relevant documents, including orders, invoices or other evidence of the transaction.
(b) If the commander or senior staff officer designated concurs that the commitment should be ratified, the documentation must be sent to the chief of the contracting office with an endorsement that --
(1) Verifies the accuracy and completeness of the documentation;
(2) Describes the measures taken to prevent a recurrence of unauthorized commitments, including a description of any disciplinary action to be taken; and
(3) Provides a complete purchase description and funding for the ratifying contract.
(c) The chief of the contracting office will assign the action to an individual contracting officer who will be responsible for --
(1) Reviewing the case and determining the adequacy of all facts, records, and documents and obtaining any additional material required; and
(2) Preparing a summary of facts to include a recommendation as to whether or not the transaction should be ratified and reasons for the recommendation. A recommendation not to ratify must include a recommendation as to whether or not the matter should be processed under FAR Part 50 and DFARS Part 250 (Pub. L. 85-804) as a Government Accountability Office (GAO) claim or in some other appropriate way.
(d) Upon receipt and review of the complete file, the individual responsible for approving the ratification may approve the ratification if it is considered to be in the best interest of the Government, or may direct other disposition.
(e) HCAs must monitor compliance with 5101.602-3-90 and take all necessary corrective action.
5101.603 -- Selection, appointment, and termination of appointment.
(1) In addition to the Secretary of the Army, the following may select, appoint, and terminate contracting officers:
(i) The ASA(AL&T) or designee.
(ii) The DASA(P) or designee.
(iii) HCAs.
(1) PARCs when authorized by the HCA. (The Commander, United States Army Corps of Engineers, may delegate contracting officer appointment authority to Division Commanders as deemed necessary for efficient operations.). HCAs and appointed PARCs may redelegate to chiefs of contracting offices under their jurisdiction with or without the power of redelegation.
[AFARS Revision #21, dated May 22, 2007]
5101.603-1-90 -- Other individuals authorized to make purchases.
(a) Individuals in (b)(1), (2) and (3) shall prepare and submit information for reporting purposes to the supporting contracting office as specified by that office. Individuals in (b)(4) shall normally report to the contracting office supporting the Mobilization Base.
(b) In addition to individuals identified in 5101.602-2-90 and 5101.603, other individuals may be authorized to make purchases as specified in (1) through (6). [AFARS Revision #21, dated May 22, 2007]
(1) Individuals may be authorized by a contracting officer to place calls under blanket purchase agreements (see FAR Subpart 13.3, DFARS Subpart 213.3 and Subpart 5113.3). [AFARS Revision #21, dated May 22, 2007]
(2) Army aviators and masters of Army owned or operated vessels may make emergency purchases of supplies (e.g., fuels, oils, parts) and services (e.g., mechanical services, hanger services, landing and docking fees and employment of civilian guards or watchmen to safeguard Government property) using Standard Form 44 (see FAR 13.306) or provisions of Army Regulation (AR) 710-2 and Department of the Army Pamphlet (DA PAM) 710-2-2 under any of the following conditions: [AFARS Revision #21, dated May 22, 2007]
i) Authorized flights or voyages during which mechanical or meteorological conditions prevent obtaining required supplies and services from Government facilities.
(ii) Conditions under which continuation of flight, voyage or mission would constitute a hazard to safety or endanger public property.
(iii) Conditions under which procurement of supplies and services from Government facilities would interfere with approved flight plans or voyages.
(3) Individuals to whom the Governmentwide commercial purchase card are issued may use them in accordance with Subpart FAR 13.301.
(4) Individuals in Reserve Components may make purchases in event of mobilization using Standard Form 44 and FORSCOM Mobilization and Deployment System (FORMDEPS), Volume III. Reserve Component unit commanders are authorized to make over the counter type purchases not exceeding $3,000 per transaction using Standard Form 44 in the event of a Federal Mobilization Order requiring movement of the unit to a mobilization station or site or where procurement support is not readily available from a supporting installation. This temporary authority shall expire upon resumption of procurement support by the contracting office at the mobilization station or supporting installation. [AFARS Revision #21, dated May 22, 2007]
(5) Individuals to whom U.S. Government Travel Charge Cards are issued may use them while on official travel. [AFARS Revision #21, dated May 22, 2007]
(6) Individuals authorized by AR 725-50 may order supplies from General Services Administration Stores Depots using the Governmentwide commercial purchase card procedures. [AFARS Revision #21, dated May 22, 2007]
HCAs shall establish criteria and procedures to ensure that prospective contracting officers (above the Simplified Acquisition Threshold) have the knowledge and experience to effectively and efficiently support their customers and successfully fulfill their fiduciary responsibilities. As a minimum, selection criteria include:
(a) A successful track record as a contract specialist, cost/price analyst or contract administrator of a scope and complexity comparable to the acquisitions to be assigned.
(b) Business education and knowledge sufficient to understand the business operating cycle, financial and market analysis, and measures of corporate performance to effectively structure business arrangements that best meet the needs of the Government and the prospective contractor(s).
(c) Knowledge of acquisition and fiscal policies and procedures, including the panoply of acquisition instruments available to the Government, to effectively develop and execute acquisition and contracting strategies, and manage the resulting business arrangements.
(d) Compliance with Public Law 101-510, “National Defense Authorization Act for Fiscal Year 1991” Title XII, “Defense Acquisition Workforce Improvement Act,” November 5, 1990, as amended by Public Law 106-398, “National Defense Authorization Act for Fiscal Year 2001,” Section 808, “Qualifications Required for Employment and Assignment in Contracting Positions.”
5101.690 -- Procurement management assistance.
HQDA will conduct the Procurement Management Review (PMR) Program in accordance with Appendix CC. HCAs shall conduct onsite reviews of each of their satellite contracting offices to ensure compliance with laws, policies, regulations, directives, AFARS Appendix CC, etc. at a minimum, once every 24 months. Copies of Review Reports will be furnished to the HQDA PMR Team Leader within 60 days of completing a review to the address at 5101.290(b)(2).
5101.690-1 -- Management controls
Management controls within each contracting organization are an element of day-to-day operations. Appendix BB, Management Control Evaluation Checklist, is provided to assist managers at all levels in evaluating compliance with key management controls and to identify and correct weaknesses. Due to the volume of the test questions, it should not be construed that all questions are mandatory, nor all inclusive. The checklist should be supplemented to include areas specific to each contracting office, and should include the DASA (P) Areas of Special Interest, which are issued each fiscal year.
Subpart 5101.7 -- Determinations and Findings
5101.707 -- Signatory authority.
Each Secretarial determination request must be signed by the contracting officer and HCA. See Subpart 5153.9003 for a sample Determination and Findings format.
Subpart 5101.90 -- Nonappropriated Funds
DoD policy for contract actions using nonappropriated funds is in DoD Directive (DoDD) 4105.67. See AR 215-1 and AR 215-4 for implementing policies and procedures for Army nonappropriated fund acquisitions.
5101.9002 -- Contracting authority.
Appropriated fund contracting officers may also be designated as nonappropriated fund contracting officers. See AR 215-4.
