AFFARS Part 5301

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PART 5301-FEDERAL ACQUISITION REGULATIONS SYSTEM

SUBPART 5301.1-PURPOSE, AUTHORITY, ISSUANCE

The Air Force Federal Acquisition Regulation Supplement (AFFARS or AF FAR Supplement) 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 DOD publications concerning contracting.

The AFFARS applies to all Air Force acquisition of supplies and services which obligate appropriated funds.

SUBPART 5301.2-ADMINISTRATION

Submit proposed revisions to the FAR, DFARS, or AFFARS through MAJCOMs to SAF/AQCP.

SUBPART 5301.3-AGENCY ACQUISITION REGULATIONS

The AFFARS is prepared and maintained by the Chief, Contract Policy Division, Deputy Assistant Secretary (Contracting) (SAF/AQCP). MAJCOMs, FOAs, and DRUs identified in 5301.601-91 may issue FAR, DFARS, and AFFARS Supplements, if essential to their particular needs.

The Air Force has been assigned Chapter 53 of Title 48 Code of Federal Regulations (CFR). Supplements to FAR issued by Air Force activities shall insert the number 53 before the primary citation. If the primary citation is to a single-digit part number, a zero is also inserted.

(a) MAJCOM, FOA, and DRU Director of Contracting shall establish procedures to ensure that all FAR Supplements issued within their commands comply with the control and maintenance concepts in this subpart. Submit procurement policies, regulations, procedures, clauses, and forms that require approval by the Director, Defense Procurement to SAF/AQCP for processing. The request shall include a detailed justification using the format in DFARS 201.201-1. SAF/AQCP will staff each request through the Secretariat and arrange for publication in the Federal Register. The requesting activity will be responsible for evaluating public comments and preparing a final package for SAF/AQCP to submit to the Director of Defense Procurement.
(b) MAJCOMs, FOAs, and DRUs shall send two copies of their FAR Supplement and changes when they are issued to SAF/AQCP.

SUBPART 5301.4-DEVIATIONS FROM THE FAR

(3) Submit deviation requests as follows: (i) MAJCOMs, FOAs, and DRUs shall submit requests for class deviations and individual deviations from the six FAR/DFARS parts and subparts listed in DFARS 201.402 (1) to SAF/AQCP for processing to the Director of Defense Procurement, Office of the Under Secretary of Defense (Acquisition and Technology), USD(A&T)DP for approval. (ii) The Head of a Contracting Activity (HCA) and those designees identified in 5301.601-91 are authorized to approve individual deviations for Other Contracting (see 5302.101). In addition, the Assistant Secretary of the Air Force (Acquisition), ASAF(A), who is the HCA for PEO and DAC Programs, has delegated the authority to approve individual deviations for contracts for PEO and DAC Programs to the AFMC Director of Contracting. This authority may be exercised by the Deputy Director. In AFMC, individual deviation authority for PEO and DAC Programs and Other Contracting may be redelegated to the Senior Center Contracting Official.

SUBPART 5301.5-AGENCY AND PUBLIC PARTICIPATION

(a) Proposed Federal Register notices shall be typewritten and double-spaced (see 5301.303 for instructions on numbering supplemental material).
(b) Forward proposed Federal Register notices through the MAJCOM, FOA, or DRU Director of Contracting to SAF/AQCP.

SUBPART 5301.6-CAREER DEVELOPMENT, CONTRACTING AUTHORITY, AND RESPONSIBILITIES

As Agency Head, the Secretary of the Air Force establishes policies for, directs, and supervises the Department's activities with respect to contracting and related matters. The General Counsel, as the Secretary's legal advisor, is the final authority on all legal questions. By delegation of authority from the Secretary, established policies are implemented and other appropriate instructions are issued to lower echelons by the Assistant Secretary of the Air Force (Acquisition), ASAF(A), and the Deputy Assistant Secretary (Contracting), SAF/AQC.

(a) The Assistant Secretary of the Air Force (Acquisition), ASAF(A), is HCA for PEO and DAC Programs . The commanders (and when the commander is absent, the vice commanders) of the following organizations are designated HCAs for Other Contracting only (see 5302.101):

(1) Air Combat Command;
(2) Air Education and Training Command;
(3) Air Mobility Command;
(4) Air Force Materiel Command;
(5) Air Force Space Command;
(6) Pacific Air Forces; and
(7) United States Air Forces in Europe.

HCAs may designate the headquarters staff officer with overall responsibility for contracting in the organization to exercise any delegable HCA authority (see the definition "Designee" in 5302.101). In addition, HCAs may designate an individual to approve justifications in FAR 6.304 (a)(3), provided the individual meets the requirements in FAR 6.304 (a)(3)(i) or (ii) and is in a position in the organization no lower than the procuring activity competition advocate who is designated to exercise the authority in FAR 6.304 (a)(2).
(b) The Deputy Assistant Secretary (Contracting), SAF/AQC, is the HCA for the following organizations:

(1) 11th Wing;
(2) Air Force Reserve Command;
(3) Air Force Special Operations Command;
(4) USAF Academy; and
(5) Air Force Operational Test and Evaluation Center.

The commanders of these organizations are hereby designated the "designee" to the HCA (see 5302.101), with the power of redelegation not below the level of the staff officer with overall responsibility for contracting in the organization.
(c) Commanders of Air Force unified command components deployed in support of JCS-declared contingency operations or contingency exercises are hereby designated the "designee" to the HCA (see 5302.101). AFFARS Appendix CC further describes the flow of contracting authority in support of overseas contingencies and exercises.
(d) Commanders of MAJCOMs, FOAs, and DRUs who are not designated HCAs but who have a need for one of the HCA authorities prescribed in the FAR, DFARS, or this Supplement shall submit a request for such authority to the Deputy Assistant Secretary (Contracting), SAF/AQC.

(a) The Secretary of the Air Force by Secretary of the Air Force Order (SAFO) 650.4, effective 21 May 1992, in conjunction with SAFO 100.1, dated 01 May 1990, delegated general contracting authority to the Assistant Secretary of the Air Force (Acquisition) (ASAF(A)), the Principal Deputy Assistant Secretary of the Air Force (Acquisition) (PDASAF(A)), the Principal Deputy Assistant Secretary of the Air Force (Acquisition & Management) (PDASAF (A&M)), and the Deputy Assistant Secretary (DAS) (Contracting). This authority may also be exercised by the Associate DAS (Contracting) and the Assistant DAS (Contracting). This authority is hereby redelegated by the DAS (Contracting) to the commanders of the organizations identified in DFARS Subpart 202.1 and 5301.601-91 for Other Contracting only (see 5302.101). All previous delegations of general contracting authority are rescinded. This delegation is a general one, and all other existing or future delegations, regulations, or directives issued by competent authority, to the extent to which they would, expressly or by reasonable implication, limit the scope of or impose conditions or restrictions upon the exercise of the general authorities cited in the above referenced delegation instruments, shall be controlling. The authority delegated by SAFO 650.4 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 general contracting authority includes authority to enter into, execute, and approve contracts.
(b) ASAF(A) has delegated to the PDASAF(A&M) the following specific authorities:

(1) Authority to approve, without authority to redelegate, acquisition plans (APs) as specified in 5307.104-90; and
(2) Source Selection Authority (SSA), with authority to redelegate, for those Information Technology (IT) acquisitions designated as a Major Automated Information System (MAIS) and non-MAIS IT acquisitions not integral to a weapon system estimated at $120 million or more .

(c) ASAF(A) and DAS (Contracting) retain general contracting authority. The following authorities for PEO and DAC Programs are hereby delegated by the DAS (Contracting):

(1) Through Program Executive Officers (PEOs) designated by ASAF(A), to Buying Office Contracting Official (BOCO) under the PEO, the authority to enter into, execute, and approve contracts (including change orders, supplemental agreements, and other amendments to contracts), letter contracts, and other contractual actions, including termi-

nations and settlements, for assigned PEO Programs. This authority may be redelegated to contracting officers within or supporting the program office under such terms, conditions, and limitations as may be deemed appropriate.
2) To Designated Acquisition Commanders (DACs), the authority to enter into, execute, and approve contracts (including change orders, supplemental agreements, and other amendments to contracts), letter contracts, and other contractual actions, including terminations and settlements, for assigned DAC Programs. 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.
(3) To the commanders of organizations identified in DFARS Subpart 202.1 and the FOAs and DRUs in 5301.601-91, the authority to enter into, execute, and approve contracts (including change orders, supplemental agreements, and other amendments to contracts), letter contracts, and other contractual actions, including terminations and settlements, for any programs within their purview and not included in (c)(1) or (2) above. 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.
(4) The authorities delegated in (c)(1), (2), and (3) above may be executed only by contracting officers appointed pursuant to 5301.603 and are subject to the clearance requirements in Subpart 5301.90.

(d) The ASAF(A) delegates the following specific contracting authorities to PEOs/DACs for their assigned programs:

(1) Chair Acquisition Strategy Panels (ASPs) in 5307.104-91 unless retained by SAF/AQ;
(2) Approve acquisition plans (APs) below the thresholds that require SPE approval (see 5307.104-90);
(3) Approve Justifications and Approvals (J&As) within statutory thresholds (see FAR 6.304 (a)(3));
(4) Approve clearance in accordance with Subpart 5301.90;
(5) Approve the issuance of undefinitized contractual actions (UCAs) and exercise other approvals in DFARS Subpart 217.74;
(6) Serve as source selection authority (SSA) for PEO and DAC Programs (non Information Technology (IT)) for source selections when the value of the instant contract is from $50 million up to but less than $500 million, and serve as SSA for non-MAIS and IT acquisitions not integral to a weapon system when the value of the instant contract is from $15/30 million ($15 million or more in any FY or $30 million or more for all program years) up to but less than $120 million.
(7) Normally serve as source selection advisory council (SSAC) chairperson when ASAF(A) is the SSA;
(8) Serve as Fee Determining Official (FDO) for award fee contracts, with authority to redelegate; and
(9) Approve Determination and Findings (D&F) below the thresholds that require ASAF(A) approval (see FAR 6.202 (a)).

(e) In support of ASAF(A) as the HCA for PEO and DAC Programs and to provide consistent, expert staff support on programs to PEOs and DACs, HQ AFMC Director of Contracting shall exercise specific contracting authorities and responsibilities as a service for ASAF(A). For any PEO Program executed by MAJCOMs, FOAs or DRUs other than AFMC, these authorities and responsibilities shall be exercised by the MAJCOM Director of Contracting. These authorities and responsibilities include:

(1) Participate in Acquisition Strategy Panels (ASPs) pursuant to 5307.104-91;
(2) Review requests for clearance and advise the approving authority pursuant to Subpart 5301.90;
(3) Appoint contracting officers within their commands and redelegate authority to appoint contracting officers pursuant to 5301.603;
(4) Issue guidance in command FAR Supplements and contracting regulation supplements necessary to ensure consistency between contracting for PEO and DAC Programs and Other Contracting (see 5302.101) in dealing with industry and to avoid unnecessary proliferation of implementing instructions;
(5) Participate as a SSAC member, as appropriate; and
(6) Provide contracting staff support to PEOs to comply with Air Force regulations and also to respond to PEO consultation or assistance requests.

(f) As specified in this Supplement or delegated by the AFMC Center Commanders, the Senior Center Contracting Official (SCCO) shall exercise similar authorities and responsibilities to those specified in (e) above as a service to ASAF(A) in support of PEOs, DACs, and program managers for contracting actions that are below the thresholds specified for HQ AFMC Director of Contracting action. Additionally, in order to effectively use manpower resources, Center Commanders and their staffs shall provide the following additional contracting support to PEO Programs:

(1) Centralized writing of contract documents (at locations where this service is available);
(2) Distribution of contracts as required in FAR Subpart 4.2;
(3) Cost and price analysis and should-cost review in accordance with FAR 15.404-1 and FAR 15.407-4;
(4) Source selection support, training, and records maintenance required in 5315.3;
(5) Support in using the Contractor Performance Assessment Reports, including training and records maintenance; and
(6) Support for terminations and settlements in accordance with FAR Part 49.

All program offices are encouraged to use the Center Commander's centralized staff for consultation and guidance on contracting issues. This is strongly encouraged for issues or documents requiring higher level reviews and approvals.
(g) In addition to limitations and conditions applicable to and included with individual delegations, the following subparagraphs apply to all delegations of contracting authority and are published in this subparagraph to eliminate their repetition.

(1) Authorities delegated may be redelegated, unless expressly prohibited in individual authorizations.
(2) All redelegations, withdrawals, or rescissions of authority shall be in writing over the personal signature and title of the person vested with the authority. Delegations and redelegations shall be made to official positions and not to individuals by name, except in the case of designations of contracting officers and representatives of contracting officers. The implementing acquisition command Director of Contracting will, at the PEO's request, prepare written redelegations, withdrawals, or rescissions of authority for the PEO's signature.
(3) Delegations of authority do not affect the authority of the delegator to exercise any of the authority delegated or to issue instructions concerning the exercise of such authority.
(4) In the absence of a person occupying a position to which authority has been delegated, the authority may be exercised by the person who is occupying the position in an "acting" capacity. "Absence" means absent from the installation, on leave, or temporary duty travel. In cases of extreme emergency "absence" may be construed to mean absence from the office regardless of whereabouts, except it does not apply to redelegations of authority which must be accomplished by the person occupying the position to which authority has been delegated.
(5) The clearance approval authorized by delegations of authority shall be made in person by the individual(s) occupying the position to which the authority has been delegated. Execution of such approval by one individual for, or over the signature of, another is unauthorized. Persons serving in an acting capacity shall execute authority as delegated, over their own name with the signature element stating the capacity in which they are acting.
(6) When contracting authority is limited as to dollar amount, the limitation includes:
(i) Any contract instrument initially involving a sum in excess of the dollar limitation considering the aggregate of obligated and committed funds and any potential "connecting charge" or "termination liability" established in it;
(ii) Contracts firmly negotiated for the total cost of the program but which are funded for less than total cost of the program as firmly negotiated;

(iii) The estimated dollar amount of supplies and services to be purchased during the contract period for requirements and indefinite quantity contracts. Such contracts are required to include on their face, as an administrative recital, a bona fide estimate of the aggregate amount;
(iv) Any contract instrument exceeding the dollar limitation which increases the allotment of funds for reimbursement under a cost-reimbursement or time-and-materials type of contract;
(v) Any contract modification either increasing or decreasing the value of the contract by more than the dollar limitations specified by the HCA, or designee;
(vi) Any contract modification containing both increases and decreases when the aggregate value of the changes exceeds the dollar limitations specified by the HCA or designee regardless of the net amount of the modification; and
(vii) Utility contracts when the estimated annual service charge plus the connection or termination charge, if any, exceeds the dollar limitation.
(7) Requirements aggregating more than the dollar amount of the contracting authority delegated shall not be broken down into more than one purchase transaction for the purpose of avoiding authority limitations.

(h) In AFMC, every program will normally have two Senior Center Contracting Officials (SCCOs) and two Buying Office Contracting Officials (BOCOs) comprising two teams. One team (a SCCO and a BOCO) will support the System Pro gram Director (SPD) and the other will support either a System Support Manager (SSM) or a Development Support Manager (DSM). Unless otherwise specified, the team referred to as "the responsible SCCO/BOCO" will be the one where the contracting is actually being accomplished.

(a) Contracting support is an essential element of the Air Force response to contingency operations such as military ac tion, natural disasters, and other similar situations. While the precise nature and scope of the contracting support to these contingencies is difficult to predict, it is clear that detailed planning and training are essential elements to effective con tracting participation in these contingencies. In addition, because contingency operations may require temporary deploy ment of contracting officers to another command or theater, either CONUS or overseas, organizational responsibilities and the flow of contracting authority may also be affected. For JCS designated contingency operations or contingency exercises, the commander of the Air Force unified command component deployed in support of the operation or exercise is the HCA Designee for contracting actions in the AOR of the contingency.
(1) Selection of contingency contracting officers. Individuals selected as contingency contracting officers must meet all the requirements for appointment as a contracting officer contained in FAR 1.603.

(i) The Air Force Specialty Code (AFSC) 64PX and 6C0X1 personnel (and 1102/5 personnel supporting local con tingency and emergency support plans) designated shall be awarded at a minimum a primary five level skill. The incumbents shall be trained in all aspects of contingency contracting as quickly as possible after assignment to the organization.
(ii) Uniform and civilian clothing requirements authorized for each deployment location and initiation of uniform allowance documents for enlisted personnel will be determined by the HCA. Authorization for use of civilian clothing must be specified on TDY orders and in compliance with use according to appropriate personnel and finance regulations.
(iii) Passports are required for each CCO. Each CCO shall obtain an official passport when initially designated a CCO. In order to allow sufficient time to process passport applications for short notice deployments, identify procedures, approval authorities, and other requirements that will facilitate expeditious processing of requests pursuant to DOD 1000.21-R, Passport and Passport Agent Services Regulation. When CCOs are deployed they must have their passports in their possession at all times.
(iv) Contact the HCA Designee, existing military installations within the deployment area, or, in the absence of these, the U.S. Embassy or Consulate in the host nation for guidance on contracting information or Host Country Support Agreements.

(2) Appointment of contingency contracting officers. The CCO's permanent duty station shall issue certificates of ap pointment appropriate for support of potential contingency operations.

(3) Contracting organizational relationships. CCOs deployed with a unit will support that unit's contracting needs; however, the CCOs will be under the functional control of the receiving air component to the unified command. The HCA Designee will provide authority and direction to the deployed CCOs.

(a) When there is doubt or controversy about the interpretation or application of contracting statutes, policies, directives, and regulations, contracting offices shall get legal advice. During all phases of major acquisitions, and particularly during the formative stages, legal advice should be sought to avoid or minimize legal problems. Each staff judge advocate is responsible for providing legal assistance and advice throughout the contracting process, but this can only be given to the extent that contracting personnel ask for it. The following are typical contracting situations in which legal assistance may be required:

(1) Presolicitation. Full and open versus other than full and open competition; required J&As; required Determination and Findings; selection of contract type; use of integrating contractor versus total system performance responsibility; availability of adequate data and data rights; delegations; unsolicited proposals; and drafting statements of work involving environmental services, particularly those requiring: asbestos removal, lead and lead-based paint abatement, polychlorinated biphenyls (PCBs) removal and/or disposal, underground storage tank removal/closure, and hazardous material disposal.
(2) Solicitation and award. Appropriate special clauses (e.g., warranties, options, milestones, incentives, indemnification, organizational conflicts of interest, consequential damages, savings provisions, patent and data rights, contract funding), provisions and clauses reflecting customary commercial practices, deviations, source selection criteria, determination of competitive range, clearances, alleged patent or copyright infringement, royalties, final proposal revision and closing negotiations, certified cost or pricing data, responsiveness, contractor responsibility, mistakes in bids, late bids and proposals, buy-ins, protests against award, bidders/offeror conferences and debriefings, and bonds and bailments.
(3) Contract administration. Allowable costs, suspensions/reductions of progress payments, and disallowances; advance agreements (see FAR 31.109); Cost Accounting Standards; defective performance (i.e., contractor or Government liability, latent defects, warranties, correction of deficiencies, excusable delays), defective pricing (10 U.S.C. 2306a); labor relations and statutes; prime and subcontractor claims; disputes and litigation; invention disclosure reports; information release (Freedom of Information Act); patent and data rights clause enforcement; Government-furnished property liability; conflicts of interest; debarments; suspensions; ratification; fraud; Public Law 85-804 claims; Congressional and GAO inquiries; contingent fee violations; amendment of delivery schedules; show cause, cure and delinquency notices; exercise of options; and compliance with contract provisions requiring adherence to one or more environmental laws.
(4) Contract terminations and close-out. Default notices, terminations for convenience, final contract release, and clearance of final patent and royalty reports.

(b) Commanders of MAJCOMs, FOAs, and DRUs shall issue procedures which specify the monetary thresholds for obtaining required legal review by the appropriate staff judge advocate on contractual documents issued by their activities for Other Contracting (see 5302.101). The procedures may identify any areas in which "legal problems and matters" require consultation, coordination, or review by the staff judge advocate office regardless of the dollar amount of the contract.
(c) For PEO and DAC Programs, legal review by the local staff judge advocate is required for:

(1) All contracting documents that are expected to result in an obligation to the Government or a change in contract value of $500,000 or more. However, legal review of unilateral orders issued against indefinite-delivery contracts (FAR 16.5) is not required, unless such orders are $5 million or greater.
(2) Other documents specifically designated in other parts in the FAR, DFARS, or AFFARS for legal review; and
(3) Documents below $500,000 that the Senior Center Contracting Official and the local staff judge advocate agree should be reviewed.

(d) If agreed to by the Senior Center Contracting Official and the local staff judge advocate, for PEO and DAC Programs, legal review need not be obtained for funding documents in which changes are made to revise the obligated amount and there is no change in other terms or conditions of the contract nor type of funds being used.

(e) The Senior Center Contracting Official and the local staff judge advocate shall consult to establish procedures for seeking and providing legal advice on other contracting matters pertaining to PEO and DAC Programs. The PEO, System Program Director (SPD), and either the System Support Manager (SSM) or Development Support Manager (DSM) shall be consulted when establishing procedures related to assigned programs. The local staff judge advocate shall consult with SAF/GCQ when the matter under review is likely to be brought to the attention of the PEO, CAE, or higher authority.
(f) When legal review is required, it shall be obtained before execution of the document and the record of review shall be made on AF Form 3059, Staff Judge Advocate Coordination Sheet Procurement Contract, and placed in the official contract file.

Contracting officers are authorized to enter into and execute contracts funded either partially or completely with nonappropriated funds. In addition, contracting officers shall provide technical guidance and assistance to nonappropriated fund custodians upon request.

A contracting officer's representative (COR) is also referred to as Quality Assurance Evaluator (QAE), Quality Assurance Representative (QAR), Contracting Officer's Technical Representative (COTR), etc. AFI 63-124, Performance-Based Service Contracts addresses contracting and functional area personnel who are involved in all facets of service contracting, including Quality Assurance.

(b)(3)(i) The authority to ratify an unauthorized commitment involving a PEO or DAC Program is delegated by the ASAF(A) to the PEO or DAC. This authority is not redelegable.
(ii) The authority to ratify an unauthorized commitment involving Other Contracting (see 5302.101) of the organizations specified in DFARS Subpart 202.1 and 5301.601-91 (b) is delegated to the commander of these organizations, with authority to redelegate.
(iii) In the event that the ratification approval authority was a party to the unauthorized commitment action, the ap-proval authority shall be one level above the ratification approval authority.
(iv) When an unauthorized commitment occurs within a tenant organization, including those activities listed in 5301.601-91 (b), the host command shall investigate, process, and, if appropriate, approve the ratification. The host command shall provide copies of the ratification to the tenant's parent organization.
(c)(7) The official delegated the authority to ratify unauthorized commitments shall establish ratification procedures.

Commanders and others having administrative supervision over contracting officers shall bear in mind that acts exceeding the delegated powers of the contracting officer do not bind the Government and shall refrain from directing contracting officers to take action which might expose the contracting officer to serious consequences. The office of the contracting officer shall be placed at a level in the local organization which will protect it from intraorganizational pressure to perform improper acts or expose the contracting officer to personal risk and the Air Force to criticism.

In addition to the requirements in the FAR, contracting officer appointments shall be limited to:

(1) Commissioned officers who have been awarded Air Force Specialty Code (AFSC) 64PX;

(2) AFSC 6C0X1 personnel possessing a contracting Level I or II certification in the Acquisition Professional Development Program (APDP); or
(3) Fully qualified civilians in the GS-1102 occupational series, possessing a Contracting Level I or II certification in the Acquisition Professional Development Program, who occupy a manning authorization listed under these specialty codes.

Limited contracting officer authority may be granted for the following categories of personnel, including authority in contingency contracting situations (see table below).
(a) Military personnel in AFSCs 64PX and 6C0X1 and civilians in the GS-1102 occupational series who possess a minimum Contracting Level I certification may be granted limited contracting officer authority. (See row (a) in table below.)
(b) Contracting personnel who do not possess a Contracting Level I certification may be given a limited contracting officer warrant at the direction of the contracting squadron commander/base contracting officer. The warrant shall be limited to a dollar amount and method of award consistent with the training, contracting experience, and demonstrated business judgment of the individual. (See row (b) in table below.)
(c) When using other than micro-purchase techniques, noncontracting personnel, such as transportation personnel (limited to performance of contracting functions in accordance with DODD 4500.34R, AFR 75-17, and AFM 75-2), medical supply personnel, librarians, and chiefs of construction management may be granted limited contracting authority for transactions when the following conditions are present (see row (d) in table below):

(1) The personnel are in a middle to senior level position. Military personnel should be commissioned officers or noncommissioned officers E-6 and above and civilians should be GS-7 or above;
(2) The authority must contain a specific dollar limit per transaction and be limited to the method of award and to the commodity related to that specialty. For example, librarians should be authorized to buy books (commodity) from prepriced blanket purchase agreements or the Federal Supply Schedule, but not construction materials, etc.;
(3) The personnel must have completed training appropriate to the type of the instrument and level of responsibility delegated. Waiver requests must be submitted in writing and approved by the Contracting Squadron Commander/Chief of Contracting or the MAJCOM/LGC/PKO.

(d) Personnel authorized to award micro-purchases must be appointed as specified in 5301.603-3 (b).

Contracting
Personnel Category

Micro-purchases Authority

FSS GSA/VA DOs

BPA Calls

Open Mkt. <$25K*

Open Mkt. >$25K*

IDIQ DOs

BOA Orders

Provisioning
in DFARS Subpart 217.76

(a) With > Level I Contracting Certification **

X

X

X

X

X

X

X

X

(b) Without Level I
Contracting Certification
**

X

X

X

X

 

X
(Prepriced)

   

(c) Contingency Contracting Officers Without Level I Contracting Certification

X

X

X

X

**

**

**

 

(d) Non- Contracting

X

X

<$25,000

X
(Prepriced)
<$25,000

   

(Prepriced
<$25,000)

***

 

NOTE: This table identifies maximum authority by type of award document. Warrant must specify dollar amounts and any limitations in specific categories.
* $25,000 limitation established because of synopsis and DD 350 reporting requirements.
** _$200, 000 contingency SAT.
*** Transportation personnel may issue orders against transportation BOAs.

(a) Authority to appoint contracting officers is included in the authority of the HCA (see 5301.601-91) and the delegations of general contracting authority (see 5301.601-92 (a)). In order to provide a consistent system and delegations of authority to appoint contracting officers for PEO and DAC Programs, as well as Other Contracting (see 5302.101), the authority to appoint contracting officers is delegated to the MAJCOM, FOA, and DRU Directors of Contracting, with authority to redelegate to field activity Directors of Contracting.
(b) Contracting officer appointment authority for limited contracting officers may be delegated to the chief of each contracting office. The chiefs of contracting offices receiving such authority shall establish procedures for selection of qualified personnel, appointment, and termination of appointment. Contracting personnel must be appointed on a SF 1402 to award micro-purchases. Governmentwide purchase card holders must be appointed by a written delegation of contracting authority to award micro-purchases. In the Air Force Research Laboratory, authority may be redelegated to the first contracting official in the contract chain subordinate to the SCCO.
(c) The commander or deputy commander of a base, division, wing, and so forth, and, in the case of AFMC activities, the Director of Contracting (or equivalent) shall review and sign the request for designation of a contracting officer. However, if this individual is the appointing authority, the request shall be reviewed and signed by the officer (or civilian) immediately subordinate. Chief of the USAFE contracting centers shall sign such request for officers serving with the USAFE contracting centers. Appointing authorities for contracting officers have the authority to waive the qualification requirements stated in 5301.603-2 when the best interests of the Air Force will be served. In such cases, the justification for granting the waiver shall be in writing and approved by the appointing authority. The request for designation of a contracting officer shall include:

(1) A résumé of the applicant's qualifications, including any justification for waiver of DFARS 201.603-2 minimum requirements,
(2) A statement by the person signing the request that the qualifications in the résumé were verified against the applicant's personnel file and
(3) If the applicant is not an employee of the requesting activity and the applicant's qualifications are known, a statement that the applicant is qualified; and
(4) If the applicant is not an employee of the requesting activity and the applicant's qualifications are not known, a summary of an interview of the applicant and the chief or deputy chief of purchasing office. The summary shall include a statement that the applicant is qualified. If the applicant is located at a distance which makes it impractical and uneconomical to conduct an interview, this requirement shall be waived. Justification for not having an interview may be included. However, the statement that the applicant is qualified shall still be made.

(d) Requests for designation of redistribution and marketing (R&M) personnel as a sales contracting officer shall be signed by the chief of the R&M activity and forwarded to the MAJCOM R&M staff office. Requests for designation of the chief of an R&M activity shall be initiated by the MAJCOM R&M officer or deputy R&M officer.
(e) All appointments shall be reviewed at least once every five years by the appointing authority to determine whether each contracting officer has maintained professional proficiency and otherwise remains qualified. Warrant authority shall be terminated or reduced in scope, when appropriate.
(f) Each appointing authority shall promptly distribute copies of instruments of appointment as follows:

(1) Original to the individual appointed;
(2) One true copy to the individual appointed (to be furnished by that individual to the accounting and finance officer, if requested);
(3) One true copy to the activity having custody of the military personnel field record for permanent retention in the personnel file of each military contracting officer; and
(4) One copy to the servicing Civilian Personnel Office having custody of the civilian personnel records for input into the Personnel Data System-Civilians (PDS-C) of the type, date, and amount of the instrument.

Each appointing authority shall promptly distribute copies of the instrument terminating a contracting officer's authority to the addressees indicated in 5301.603-3 (f).

Only the following purchases may be made by individuals other than duly appointed contracting officers:

(1) Micro-purchases in accordance with FAR Part 13, whether by imprest fund (see FAR Subpart 13.305), SF 44 (see FAR Subpart 13.306), governmentwide purchase card (see FAR Subpart 13.301), or other means, provided the individual has been trained in the use of the procedures and has written authorization from the contracting officer;
(2) Purchases of fuel, oil, and repairs in accordance with AFI 23-202;
(3) Emergency purchases of medical supplies and equipment in accordance with AFMAN 23-110, Volume 5, Chapter 16, Paragraph 11, followed by issuing a confirmatory purchase order by the base contracting office or a cash purchase receipt by a cash purchasing officer;
(4) Partial tuition assistance in accordance with AFI 36-2306;
(5) Tuition or registration fees for intergovernmental agency training;
(6) Nonappropriated fund custodians in accordance with AFMAN 64-302; and
(7) Supplemental care referrals by the Director of Base Medical Services, in accordance with AFI 41-101, Chapter 3.

SUBPART 5301.90--CLEARANCE PROCESS

[Para (c) added, per AFCPM 98-C-08, Effective 27 Dec 2000 until the AFARS is revised.]

(a) This subpart establishes clearance requirements for negotiated contract actions supporting PEO and DAC Programs. Any MAJCOM FAR supplements to this subpart that apply to PEO and DAC Programs must comply with 5301.9004(f)(2).
(b) Clearance requirements for Other Contracting (see 5302.101) and for all sealed bidding actions are prescribed in MAJCOMs, FOAs and DRUs FAR Supplements or other documents. MAJCOMs, FOAs and DRUs shall use the policy (see 5301.9001), definitions (see 5301.9002), standards (see 5301.9003), and application (see 5301.9005-1 5301.9005-2, and MAJCOMs, FOAs and DRUs FAR supplements or other documents for thresholds) in this subpart. Beyond this common baseline, however, MAJCOMs, FOAs and DRUs may prescribe clearance procedures for Other Contracting that meet the individual command's needs.

[(c) The clearance process under 5301.90 does not apply to defective pricing actions. Each MAJCOM, FOA and DRU must establish clearance procedures for defective pricing actions.]

The objectives of the Air Force clearance process are to ensure that:
(a) Competitive solicitations effectively implement approved acquisition strategies; and
(b) Negotiations/contracts result in fair and reasonable business arrangements and are consistent with laws, regulations, and policies.

"Begin negotiations" means, for the purpose of noncompetitive acquisitions using traditional pricing, 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.
"Clearance" means:
(1) For competitive acquisitions, approval to:

(2) For noncompetitive acquisitions, approval to:

"Competitive acquisition" means any action that does not meet the definition in this subpart of "noncompetitive acquisition."
"Conclude negotiations" means, for the purpose of noncompetitive acquisitions, reaching final agreement with the contractor on price and terms and conditions associated with the contemplated contract action.
"Integrated Product Team (IPT) pricing" means the process of concurrent requirements refinement, proposal development, fact-finding, and preliminary agreement between the Government and contractor in a noncompetitive acquisition. In this process, the Government and contractor IPT members communicate in an on-going, structured manner from early planning stages through iterative model contract development and review of related cost or pricing data.
"Noncompetitive acquisition" means a "sole source acquisition" as that term is defined in FAR 6.003.
"Request for Clearance (RFC)" means a memorandum, with appropriate attachments, prepared by the contracting officer to obtain clearance.
"Review" means analysis of records pertaining to the contract action to ensure that it meets applicable standards established in 5301.9003. The review is performed by individuals assigned the responsibility by the Clearance Reviewing Authority, and involves reviewer interaction with the contracting officer, program office personnel, and other acquisition personnel.
"Traditional pricing" means, for the purpose of noncompetitive acquisitions, the serial process of the Government defining the requirements and requesting a proposal; a contractor submitting a proposal to the Government; followed by Government review/evaluation of the proposal in order to establish an objective in preparation for negotiations.

Each clearance request, together with the supporting source documents, must clearly establish that:
(a) The negotiation objective or Government position is fair and reasonable in terms of both price and contract terms and conditions; and
(b) The contemplated business arrangement and the contract to be awarded are sound and in compliance with laws, regulations, and policies.

(a) Principal Deputy Assistant Secretary (Acquisition & Management) (SAF/AQ):

(b) Deputy Assistant Secretary (Contracting) (SAF/AQC):

(c) Clearance Approving Authority (CAA). The approving authority shall:

(d) Clearance Reviewing Authority (CRA). The reviewing authority shall:

(e) Contracting officer. The contracting officer is:

(f) MAJCOMs.

(g) Resolving disagreements. Disagreements arising on aspects of a clearance shall be resolved at the lowest possible level. If resolution cannot be reached at a lower level, promptly elevate the matter to the next appropriate level. If not resolved at any lower level, SAF/AQ shall decide the matter.

The contract actions identified below require clearance:
(a) An action intended to result in award of a negotiated contract or modification of any contract. Actions that create an undefinitized contractual action (UCA), undefinitized change order, or undefinitized long lead contract are excluded (see 5317.74 for UCA approval authorities);
(b) An action intended to result in definitization of a UCA, an undefinitized change order, or an undefinitized long lead contract, or in the pricing of previously unpriced actions:
(c) An action intended to result in issuance of a modification implementing a unilateral price determination;
(d) Priced orders issued under basic ordering agreements;
(e) An action intended to result in the exercise of an option if option exercise is not in strict accordance with the previously approved pricing arrangement or other contract terms and conditions; and
(f) Other individual actions specified by SAF/AQ.

Determine the thresholds in Attachment 5301-2 as follows:
(a) Compute the total of the value of the basic portion of the instant acquisition plus:
(1) Any options (including those that are priced only on a not-to-exceed basis). For example, a basic contract for $45 million with an option for $40 million would exceed a threshold of $50 million;
(2) Sums for provisioning. For example, a basic $49 million contract for a system, with an additional $1.5 million obligated or specifically committed for provisioning, would exceed a threshold of $50 million; and
(3) The value of contingencies, such as ceilings, award fee, and performance incentives. For example, a FPIF contract with target price of $47 million and ceiling of $52 million or a multiyear contract where the value of the first program year is $15 million and the value of all program years is $60 million would exceed a threshold of $50 million.
(b) Use the sum of the absolute values of the increases and decreases and not the net amount for modifications implementing both increases and decreases to the contract price . For example, an increase of $45 million and a decrease of $10 million would give the modification a "value" of $55 million.
(c) Use the value of the contract being modified:
(1) when the action, whether or not considered to be within the general scope of the contract, significantly alters (e.g., restructures or rephases) the contract; and/or
(2) when the action involves the resolution of claims as a significant part of the consideration for a revised delivery schedule or reduced requirements.
(d) Use the cumulative value of all potential contracts in competitive acquisitions when multiple awards are contemplated. For example the following multiple award actions would exceed a threshold of $50 million:
(1) Three individual awards resulting from a single solicitation/requirement, where each contract is for a separate item in the solicitation and each contract is valued at $20 million.
(2) Two individual awards resulting from a single solicitation/requirement, where each contract is for a partial quantity of an item and one award is valued at $20 million and one award is valued at $35 million.
(3) Four individual awards resulting from a single solicitation/requirement with a value of $100 million (even if a value of $25 million is established for each individual contract), where the purpose is to issue identical contracts to all awardees.
(e) Use the maximum potential value of the contract if a Best Estimated Quantity (BEQ) applies for evaluation and award purposes.
(f) For noncompetitive clearance, use the negotiation objective inclusive of any requested settlement range. For competitive clearance, use the highest proposed amount in the competitive range.
(g) Requirements shall not be broken down into more than one purchase transaction for the purpose of avoiding clearance at a higher echelon.

(a) Within AFMC, clearance authorities for PEO/DAC Programs are delegated to the individuals occupying the positions designated as the reviewing or approving authority in Attachment 5301-2. These authorities may not be redelegated except as specifically indicated in Attachment 5301-2.

"As the clearance approving authority delegated by PEO letter dated [insert date],...
I hereby approve the reference (b) request."
(b) For PEO Programs managed outside AFMC, the CAA is the PEO. The CRA for these programs is the MAJCOM Director of Contracting;
(c) Commanders of procuring activities identified in 5306.304(a)(2) not specifically delegated authority in (a) and (b) above, but who have a need for clearance authority, shall submit a request for such authority to SAF/AQC through SAF/AQCS.
(d) For PEO/DAC Program contract actions identified in paragraph (a) that have a dollar value less than $5 million:

In source selections, the clearance process occurs during the course of the on-going source selection process. The following relationships apply:
(a) The source selection authority (SSA) performs the role and responsibilities of the CAA, except when SAF or SAF/AQ is the SSA for a PEO/DAC Program acquisition. In those cases, the SSAC chairperson, normally the PEO/DAC, shall be the CAA, unless the SSA specifies otherwise.
(b) Clearance is a necessary aspect of the decision to either:

(a) Competitive solicitations must be reviewed if the resulting contract action is expected to require clearance in accordance with 5301.9005-1. Solicitation amendments must be submitted for review if substantive changes are made, e.g., significant changes to Sections B, H, L, M. The reviewing authority for the contemplated clearance prescribed in Attachment 5301-2 shall be the reviewing authority for the solicitation. The CRA reviewer is responsible for performing the review and providing recommendations to the contracting officer.
(b) The contracting officer shall send a request for review, the solicitation, and supporting file to the reviewer before issuance. Review is required prior to release unless early release is authorized by the SSA or J&A approval authority. In such cases, the solicitation/supporting file is to be submitted to the reviewer concurrent with issuance. At a minimum, the supporting file consists of copies of the following documents:

(a) The contracting officer shall request the clearance review in a memorandum addressed to the CRA. The memorandum shall identify the approval being requested (e.g., approval to award without discussions, approval to begin negotiations) and shall include any pertinent acquisition information the contracting officer believes should be highlighted.
(b) The RFC shall include:

FAR 5301.9009(c), if applicable;

(a) General.

(2) The approving authority shall use the RFC and the reviewing authority's findings in deciding to approve the RFC, approve it with conditions, or disapprove it.

(3) If clearance approval/approval with conditions is granted, no further communication with the clearance reviewing and approving authorities is required unless there is a need for a revised clearance. If there is doubt as to whether a revised clearance is needed, contact the CRA reviewer. Examples of circumstances that would require a revised clearance are:

(b) Competitive acquisitions.

(c) Noncompetitive acquisitions.

(a) General. The clearance request presentation shall be provided in the form of a briefing or written report as directed by the CAA.

(b) Competitive acquisitions. For source selections, the source selection briefing prepared for the SSA that addresses the status of the source selection and the approval being sought (award without discussions or issuance of request for final proposal revision) may serve as the presentation for clearance approval.
(c) Noncompetitive acquisitions. Guidance on presentation content and sample briefing charts can be found in Part 1 of the Contracting Toolkit on the SAF/AQC Home Page of the World Wide Web at address:

http://www.safaq.hq.af.mil/contracting

Attachment 5301-1 Format for Clearance (Approval to Proceed)
For Official Use Only
Negotiation Sensitive or
Source Selection Information - See FAR 3.104

Clearance

Reference: (a) Clearance Number __________________ (1)

Subject: ___________________________________________________ (2)

1. As the clearance approving authority designated by AFFARS Attachment 5301-2, and based on the clearance reviewing authority's recommendation to me, I hereby approve the reference (b) request.

2. The Air Force negotiating team is authorized to negotiate a settlement not to exceed (3) $_______________, the total objective of $______________ plus _____%, without additional approval by this office.

3. Conditions on this approval are: _____________________ (4)

_______________________________
Name:
Title:
Office Symbol:

Notes:
(1) Enter identifying number (assigned by the CRA reviewer).
(2) Enter same subject as on the RFC.
(3) Enter the range in which the approving authority will forego personal involvement in the approval of a revised objective. This paragraph may be modified as appropriate. It only applies to noncompetitive acquisitions; omit for competitive acquisitions.
(4) List any conditions on the clearance (see 5301.9008(a)(2)(i), 5301.9008(a)(5) and 5301.9008(c)(2) and (3)). If there are no conditions, omit this paragraph.

ATTACHMENT 5301-2 REVIEW AND APPROVAL THRESHOLDS FOR AFMC
REVIEW/APPROVAL AUTHORITIES
PEO/DAC PROGRAMS

AUTHORITY LEVEL (1)

ESTIMATED VALUE

RFP/CRA

CAA

   

COMP

NONCOMP

< $50M

BOCO

SSA

SM (2)

> $50M to < $500M

SCCO (3)

SSA

PEO/DAC (4)

> $500M

AFMC/PK (5)

SSA

PEO/DAC (4

NOTES:
(1) This attachment applies under $5 million absent specific delegations established pursuant to 5301.9005-3(d).

(2) The SM may delegate noncompetitive clearance approving authority to the SSM or the DSM.

(3) The SCCO may delegate these authorities to the BOCO on a case-by-case basis.

(4) The PEO/DAC may delegate noncompetitive clearance approving authority to the SM on a case-by-case basis. The PEO/DAC shall notify the designated CRA when clearance approval is delegated.

(5) AFMC/PK may delegate these authorities to the SCCO on a case-by-case basis. AFMC/PK shall notify the PEO/DAC of such delegation.

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