PART 5301 - FEDERAL ACQUISITION REGULATIONS SYSTEM
[Revised 2 April 2003]
SUBPART 5301.1 - PURPOSE, AUTHORITY, ISSUANCE
5301.101 Purpose.
The Air Force Federal Acquisition Regulation Supplement (AFFARS) establishes uniform policies and procedures for the Air Force implementing and supplementing the Federal Acquisition Regulation (FAR), the Department of Defense FAR Supplement (DFARS), and other Department of Defense publications concerning contracting.
5301.102-90 Statement of guiding principles for the Air Force acquisition system.
(a) The Air Force relies on its acquisition system to acquire the weapons, equipment, supplies and services essential to its daily operations and warfighting mission. The Air Force acquisition mission is directly related to and supportive of the Air Force's warfighting mission. The Air Force acquisition mission begins with a thorough understanding of customers and their mission needs. The success of Air Force acquisition is measured by the success of its customers.
(b) Every member of the Air Force acquisition community will be trained, knowledgeable, and skilled in the use of acquisition methods and tools that deliver the best value weapons, equipment, supplies and services to its customers in terms of quality, timeliness and price.
(c) Air Force contracting officers and other members of the acquisition team are empowered to make fast and effective decisions. Flexible and responsive acquisition policies provide an environment that encourages innovation and reasonable risk-taking. Whenever necessary, established policies, processes and methods for accomplishing the acquisition mission shall be challenged, analyzed, and replaced by creative methods that meet customers' needs in an ever-changing business environment.
(d) Contracting officers, must possess: an understanding of the product or service being purchased; an extensive knowledge of the marketplace and market conditions; research and analytical skills; and the ability to exercise effective leadership, sound business judgment, and risk management techniques.
(e) All members of the Air Force acquisition team shall strive to achieve a cooperative atmosphere and "partnered" relationship with its contractors. Such partnerships must be established, nurtured, and focused on mission success.
(f) Open communications between the Air Force and contractors contribute to the success of an acquisition. Early industry involvement and open communications are the cornerstones of the Air Force's enhanced cooperative relationship with industry. Timely release of information to potential offerors is essential to maximize the value of their inputs to the planning, requirements generation, and acquisition processes.
(g) The acquisition mission will be greatly enhanced, and the acquisition workforce will be deeply enriched by deliberately cross-feeding new and innovative procedures/strategies among acquisition professionals Air Force-wide in order to facilitate continuous improvement. Discussions and sharing must be highly encouraged up, down, and across organizational boundaries with superiors, subordinates, and peers. Innovations and best practices do little good until they are shared among acquisition teams.
(h) MAJCOM and DRU commanders, PEOs and DACs, and acquisition managers and supervisors shall establish procedures to encourage and reward acquisition teams and/or individuals who effectively implement these principles.
5301.105 Issuance. (No Text)
5301.105-1 Publication and code arrangement.
(a) The AFFARS is published on the World Wide Web at the FAR Site (http://farsite.hill.af.mil) by the Contracting Laboratory, Hill AFB. MAJCOMs and DRUs shall publish their FAR Supplement on the World Wide Web at the FAR Site by sending an electronic copy of their FAR Supplement and any subsequent changes to the Contracting Laboratory.
SUBPART 5301.2 - ADMINISTRATION
5301.201 Maintenance of the FAR. (No Text)
5301.201-1 The two councils.
(d)(i) Proposed revisions to the FAR, DFARS, or AFFARS shall be submitted to SAF/AQCP.
5301.201-1-90 Maintenance of the AFFARS.
The AFFARS is prepared and maintained by the Chief, Contract Policy & Implementation Division, Deputy Assistant Secretary (Contracting) (SAF/AQCP).
SUBPART 5301.3 - AGENCY ACQUISITION REGULATIONS
5301.301 Policy.
The AFFARS is issued by the DAS(C) based on the authority granted by Secretary of the Air Force Order (SAFO) 101.1 dated 5 Jun 99 and ASAF(A) memorandum regarding "Delegation of Contract and Agreement Authority" dated 30 Nov 99. MAJCOMs and DRUs are authorized to issue FAR Supplements if essential to their particular needs.
5301.303 Publication and codification.
(a)(i) The Air Force is assigned Chapter 53 of Title 48 Code of Federal Regulations (CFR). Air Force activities shall insert the number 53 before the primary citation in their FAR supplements. If the primary citation is to a single-digit part number, Air Force activities shall also insert a zero.
(ii) The AFFARS uses the DFARS numbering conventions.
5301.304 Agency control and compliance procedures.
MAJCOMs and DRUs shall ensure that their FAR Supplements comply with the control and compliance procedures established in FAR Subpart 1.3, as supplemented, and do not restrain the flexibilities found in the FAR, DFARS and/or AFFARS. MAJCOMs and DRUs shall submit procurement policies, regulations, procedures, clauses, and forms that require approval by USD(AT&L)DP to SAF/AQCP. The request shall include a detailed justification using the format in DFARS 201.201-1. SAF/AQCP will arrange for publication in the Federal Register, if necessary. The requesting activity is responsible for evaluating public comments and preparing the final package for SAF/AQCP to submit to USD(AT&L)DP.
SUBPART 5301.4 - DEVIATIONS FROM THE FAR
5301.402 Policy.
(2) Requests for deviations which require USD(AT&L)DP approval shall be sent to SAF/AQCP.
5301.403 Individual deviations.
HCAs and those designees identified in 5301.601(a)(i)(C) are authorized to approve individual deviations except as restricted by DFARS Subpart 201.4. Individual deviation approval authority shall not be delegated outside contracting channels and shall not be delegated lower than the SCCO.
(b)(ii) HCAs are authorized to approve class deviations except as restricted by DFARS Subpart 201.4. Class deviation approval authority shall not be delegated outside contracting channels and shall not be delegated lower than the MAJCOM headquarters staff official with overall responsibility for contracting.
SUBPART 5301.6 - CAREER DEVELOPMENT, CONTRACTING AUTHORITY, AND RESPONSIBILITIES
(a)(i) Heads of Contracting Activities (HCAs).
(A) PEOs and DACs are the HCAs for their assigned programs and acquisitions; however, this designation of HCA does not automatically include "Other Contracting" authority--See paragraph (B) below for the designation of HCAs for "Other Contracting". Delegation of HCA authority or establishing a designee for the HCA is not authorized unless specifically stated otherwise elsewhere in the AFFARS.
(B) The commanders (and when the commander is absent, the vice commanders) of the following organizations are the HCAs for "Other Contracting": Air Combat Command (ACC), Air Education and Training Command (AETC), Air Force Reserve Command (AFRC), Air Mobility Command (AMC), Air Force Materiel Command (AFMC), Air Force Space Command (AFSPC), Pacific Air Forces (PACAF), and United States Air Forces in Europe (USAFE). The lowest level that HCA authority may be delegated by AFMC and AFSPC is the SCCO, and for the commands listed above to the headquarters staff official with overall responsibility for contracting, unless specifically stated otherwise in the AFFARS.
(C) The DAS(C) is the HCA for the following organizations: 11th Wing, Air Force Special Operations Command (AFSOC), United States Air Force Academy (USAFA), and Air Force Operational Test and Evaluation Center (AFOTEC). The commanders of these organizations are designated as the designee for the HCA, with the power to redesignate/redelegate. HCA authority shall not be delegated/designated lower than the level of the staff officer with overall responsibility for contracting in the organization, unless specifically stated otherwise elsewhere in the AFFARS.
(D) See paragraph CC-201 of Appendix CC for HCA authority during contingencies.
(ii) In accordance with Secretary of the Air Force Order (SAFO) 101.1 dated 5 Jun 99 and ASAF(A) memorandum regarding "Delegation of Contract and Agreement Authority" dated 30 Nov 99, the authority to enter into, approve, terminate, and take all other appropriate actions with respect to contracts, is delegated from the Secretary of the Air Force and ASAF(A) to the DAS(C) and Associate Deputy Assistant Secretary (Contracting). This authority is hereby redelegated to MAJCOM and DRU commanders. This authority may be redelegated with or without the authority to make successive redelegations and under such terms, conditions, and limitations as may be deemed appropriate. This delegation is a general one, and all other existing or future authority, to the extent that it would, expressly or by reasonable implication, limit the scope of this delegation or impose conditions or restrictions upon the exercise of the authority delegated, will be controlling over it.
5301.602 Contracting officers. (No Text)
5301.602-1 Authority.
Contracting officers are authorized to enter into and execute contracts funded either partially or completely with non-appropriated funds.
5301.602-2 Responsibilities.
(c) Contracting officers shall obtain legal advice when there is doubt or controversy about the interpretation or application of statutes, directives, and regulations or when a protest or claim is likely. Contracting officers should seek legal advice during all phases of major acquisitions, particularly during the formative stages or when using or applying unique or unusual contract provisions. The contracting officer's use of legal support shall be governed by the following:
(i) MAJCOMs and DRUs, with the coordination of their staff judge advocate, shall establish legal review requirements.
(ii) SAF/GC is responsible for providing legal support to PEOs and provides oversight responsibility for legal support to Single Managers on PEO Programs. The local staff judge advocate or servicing legal office shall consult with SAF/GCQ in order to provide consistent legal support on PEO programs.
5301.602-3 Ratification of unauthorized commitments.
(b) Policy.
(2)(A) The HCA may delegate the authority to ratify an unauthorized commitment as stated in FAR 1.602-3(b)(3) as long as the ratification approval authority is at least one level above the party that committed the action.
(B) When an unauthorized commitment occurs within a tenant organization and the tenant organization has its own contracting authority, the ratification shall be processed through the tenant's chain of command. For tenant organizations without contracting authority, 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.
5301.603 Selection, appointment, and termination of appointment. (No Text)
5301.603-1 General.
The MAJCOM or DRU headquarters staff official with overall responsibility for contracting is authorized to appoint contracting officers and shall establish procedures for the selection, appointment, and termination of contracting officers.
5301.603-2-90 Selection.
(a) Contracting officer appointments shall be limited to military personnel in Air Force Specialty Codes (AFSCs) 64PX or 6C0X1 and civilians in the GS-1102 occupational series possessing a level 1 or higher Acquisition Professional Development Program (APDP) certification in contracting who occupy a manning authorization listed under these specialty codes, except as otherwise authorized below.
(b) Military personnel in AFSCs 64PX or 6C0X1 and civilians in the GS-1102 occupational series who occupy a manning authorization listed under these specialty codes but do not possess a level I APDP certification in contracting may only be issued limited warrants for amounts less than or equal to the simplified acquisition threshold (SAT).
(c) Non-contracting personnel, such as transportation personnel, medical supply personnel, librarians, and chiefs of construction management, may only be issued limited warrants for amounts less than or equal to the simplified acquisition threshold (SAT) provided:
(1) The warrant contains a specific dollar limit per transaction and is limited to the method of award and to the commodity related to that specialty. For example, librarians may buy books (commodity), but not construction materials; and,
(2) Personnel have completed training appropriate to the type of instrument and level of responsibility delegated.
5301.9000 Scope and definitions.
(a) This subpart establishes clearance requirements for negotiated contract actions.
(b) "Clearance" means:
(1) For competitive acquisitions, approval to award without discussions or request final proposal revisions in accordance with FAR 15.307.
(2) For noncompetitive acquisitions, approval to begin negotiations if traditional pricing is used or conclude negotiations if Integrated Product Team (IPT)/One Pass pricing is used.
5301.9001 Policy.
(a) The objectives of clearance are to ensure that:
(1) Contract actions effectively implement approved acquisition strategies; and
(2) Negotiations/contract actions result in fair and reasonable business arrangements and are consistent with laws, regulations, and policies.
(b) HCAs shall establish clearance procedures in order to ensure that the objectives of clearance are met. HCAs are authorized to delegate clearance approval authority without any limitations.
(c) The complexity and dollar value of the contract action shall be considered in establishing clearance procedures. Complex and/or high dollar value contract actions benefit from an independent review.