AFFARS PART 5350Extraordinary Contractual Actions

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PART 5350
Extraordinary Contractual Actions

[Revised June 15, 2006]

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SUBPART 5350.1 — GENERAL

5350.101 Authority.

The authorities, policies and procedures established in this part are based on the authority of SAFO 640.11, Amendment of Contracts Without Consideration, Correction of Mistakes in Contracts, and Formalization of Informal Commitments Under Public Law 85-804, dated 30 Oct 1997.

5350.105 Records.

(1)(iii) The contracting officer shall follow the procedures at DFARS PGI 250.105 for preparation of records.

SUBPART 5350.2 — DELEGATION OF AND LIMITATIONS ON EXERCISE OF AUTHORITY


5350.201 Delegation of authority.

The authority to deny any request for contract adjustment under FAR 50 and take any action pursuant to FAR 50.302-2 or FAR 50.302-3, including the authority to modify or release unaccrued obligations of any sort and to extend delivery and performance dates, is delegated to:

(1) The commanders or vice commanders of ACC, AETC, AMC, AFSPC, PACAF, AFDW, USAFE, USAFA, and AFRC for actions that obligate less than or equal to $5,000. This authority cannot be redelegated.

(2) The AFMC commander or vice commander for actions that obligate less than or equal to $50,000. This authority may be delegated to the commanders/directors of the air logistics and product centers and AFMC SCO for other AFMC organizations for actions that obligate less than or equal to $5,000.

(3) The DAS(C) for actions for DRUs that obligate less than or equal to $50,000 and for actions for MAJCOMs in paragraph (1) above that obligate more than $5,000 but less than or equal to $50,000.

(b) All requests for relief and all related documents, certifications, correspondence, reports, files and a proposed memorandum of decision shall be forwarded through the appropriate SCO to the approving official.

5350.202 Contract adjustment boards.

The Air Force Contract Adjustment Board is authorized to approve any request for contract adjustment that obligate less than or equal $50,000 which was not delegated in 5350.201 and any contract adjustment that obligates more than $50,000.

SUBPART 5350.3 — CONTRACT ADJUSTMENTS

5350.303 Contractor requests.

Follow the Mandatory Procedures at MP5350.303 for processing requests for contract adjustments due to Extraordinary Contractual Actions.

5350.305 Processing cases.

(b) Air Force Contract Adjustment Board serves as the exclusive point of contact with other military departments, or other departments or agencies of the Government, relative to the exercise of authority under Public Law 85-804.

SUBPART 5350.4 — RESIDUAL POWERS

5350.403 Special Procedures for Unusually Hazardous or Nuclear Risks. (No Text)

5350.403-2 Action on Indemnification Requests.

Upon completion of all buying activity and/or SCO coordinations, the contracting officer shall forward the indemnification request to SAF/AQCK for staffing to the SECAF.

5350.403-100 Indemnification for Civil Reserve Air Fleet (CRAF).

(a) Secretary of the Air Force indemnification is limited to the unusually hazardous risks (UHR) defined in the Secretary’s approval and covers CRAF missions or missions substantially similar to or in lieu of those ordered under formal CRAF activation (CRAF-like missions). Each contract must include FAR clause 52.250-1, Indemnification Under Public Law 85-804, the definition of UHR, and a notice restricting application to missions in support of the designated contingency. The contracting officer shall ensure that all provisions of the Secretary’s approval are satisfied.

(b) Absent a formal CRAF activation, indemnification applies only in cases when the Commander, AMC determines in writing that a situation exists which requires CRAF-like missions. The contracting officer will request the determination in coordination with AMC/A3, JA, and A7. When a contractor requires indemnification because the cost of insurance is unaffordable, the contracting officer must document why the increased cost is prohibitive.

(c) If the Secretary’s approval authorizes the contracting officer to extend indemnification to additional contractors and subcontractors, they must meet the same conditions as those in the approval. This includes formally requesting indemnification and providing all the information required by FAR 50.403-1. The contracting officer must conduct and document the same analysis as accomplished for contractors already included in the Secretary’s approval and coordinate all additional approvals with AMC/A3, JA and SCO.

(d) The contracting officer is responsible for providing notification to contractors upon formal CRAF activation or when the Commander, AMC determines that CRAF-like missions are required. When ordering missions, the contracting officer must identify in writing those missions meeting the definition of UHR so there is no misunderstanding regarding indemnification coverage.

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