PART 5317
Special Contracting Methods
[Revised September 3, 2010]
SUBPART 5317.1 — MULTI-YEAR CONTRACTING
See IG5317.1 for general guidance on how to use Multi-year Contracting to acquire supplies and services.
(a) Before entering into any multi-year contract, the contracting officer shall review current statute and other Congressional language for potential restrictions. The Congressional language is that language in the respective Appropriations Act that applies to their specific multi-year contract. Congress addresses, by separate line item, any multiyear contract and any special considerations they have identified. The Contracting Officer, Program Manager, and Buyer should be aware of any special considerations Congress applies via the Appropriations Act.
(b) Requirements.
(1) For non-space related programs and acquisitions, the ASAF(A) has the authority to enter into multi-year contracts which exceed any of the thresholds established in DFARS 217.170(d)(1), subject to the requirements of statute and higher regulation as outlined in FAR 17.1, as supplemented.
(2) For space related programs and acquisitions, the USECAF has the authority to enter into multi-year contracts which exceed any of the thresholds established in DFARS 217.170(d)(1), subject to the requirements of statute and higher regulation as outlined in FAR 17.1, as supplemented.
(3) The HCA has the authority to enter into multi-year contracts which are below the thresholds established in DFARS 217.170(d)(1), subject to the requirements of statute [see 10 U.S.C. 2306b(i)] and higher regulation as outlined in FAR 17.1, as supplemented.
5317.191 Congressional Notification
Contracting officers shall follow MP5305.303 to prepare reports of intent to award a multi-year contract. This Congressional notification does not fulfill the requirement to announce contract awards in accordance with FAR 5.3, as supplemented.
(a) The contracting officer shall submit reports of intent to award a multi-year contract which exceeds any of the thresholds established in DFARS 217.170(d)(1) to SAF/AQCK 40 days before the planned contract award date, with an information copy to SAF/FMBI. SAF/AQCK will notify the DoD offices listed in DFARS 217.170(d)(4).
(e) The Life Cycle Management Plan (LCMP)/Single Acquisition Management Plan (SAMP)/Acquisition Plan (AP) approval authority has the authority to approve contract periods in excess of five years, unless otherwise restricted by statute. If a LCMP/SAMP/AP is not required, the contracting officer has the authority to approve contract periods in excess of five years, unless otherwise restricted by statue. For space related programs under the purview of National Security Space Acquisition Policy 03-01 (NSS 03-01), the acquisition strategy approval authority has the authority to approve contract periods in excess of five years, unless otherwise restricted by statute.
5317.207 Exercise of Options
(f) Before definitizing or exercising an NTE option, the contracting officer shall ensure that the effort covered by the NTE option has been synopsized in accordance with FAR 5.201 and a J&A that covers the effort has been approved.
SUBPART 5317.5 — INTERAGENCY ACQUISITIONS UNDER THE ECONOMY ACT
See MP5317.500 for processing interagency acquisitions under the Economy Act.
5317.503 Determinations and Findings (D&F) Requirements
See MP5317.503 for D&F requirements.
See MP5317.504 for supplemental ordering procedures.
SUBPART 5317.74 — UNDEFINITIZED CONTRACT ACTIONS
See IG5317.7402 when contracting for long-lead items initiated with advance procurement funds. Follow DFARS 217.74 when contracting for long-lead items procured with other than advance procurement funds.
(d) If procurement funds must be added to an undefinitized long-lead procurement contract issued with advance procurement funds prior to definitization, the contract is subject to the requirements contained in DFARS 217.74, as supplemented. The definitization schedule requirements established in DFARS 217.7404-3 shall begin when the procurement funds are obligated on the undefinitized long-lead contract, and the limitations on obligations established in DFARS 217.7404-4 shall apply to the combination of the previously obligated advance procurement funds and the added procurement funds.
5317.7404 Limitations (No Text)
5317.7404-1 Authorization
For AFMC and SMC actions equal to or greater than $50M, Undefinitized Contract Action (UCA) approval may only be exercised by the SCCO. For actions under $50M, the UCA approval authority may be delegated by the SCCO to no lower than the COCO. For all other contracting activities, UCA approval authority may not be delegated below the SCO.
5317.7404-3 Definitization Schedule
See MP5317.74 for UCA approval authorities, reporting requirements and contracting officer file documentation.
(b) The authority to grant waivers to the limitations set out in DFARS 217.7404-2, 217.7404-3, and 217.7404-4 pursuant to DFARS 217.7404-5 (b) is wholly retained by the DAS(C) or ADAS(C). Requests for waivers of these limitations shall be submitted to SAF/AQCK at safaqck.workflow@pentagon.af.mil with appropriate justification for consideration.
See MP5317.74 for reporting requirements.
Contracting officers shall insert the clause at 5352.217-9000, Long Lead Limitation of Government Liability, in all long-lead procurement solicitations and contracts initiated with advance procurement funds.
SUBPART 5317.78 — CONTRACTS OR DELIVERY ORDERS ISSUED BY A NON-DOD AGENCY
This policy applies to all orders placed for supplies and services under non-DoD contracts.
5317.7802-1 Direct and Assisted Acquisitions
See AFI 65-116, Air Force Purchases Using Military Interdepartmental Purchase Requests (MIPRs) and MP5317.78, Contracts or Delivery Orders Issued by a Non-DoD Agency , for procedures for reviewing and approving orders placed for supplies and services under non-DoD contracts, either through direct or assisted acquisition.
SUBPART 5317.95 — ASSOCIATE CONTRACTOR AGREEMENTS
See IG5317.9500 for general guidance on use of Associate Contractor Agreements.