AFFARS PART 5301Federal Acquisition Regulations System

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PART 5301
Federal Acquisition Regulations System

[Revised July 14, 2011]

(INTERIM CHANGE: See Policy Memo 11-C-06)

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/DRU commanders, the AFISRA commander, PEOs, 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 FARSite by the Contracting Laboratory, Hill AFB, UT.

5301.170 Peer Reviews

(a)(1)(iii) The Contracting Officer shall provide a copy of the memorandum provided to Deputy Director, Defense Procurement and Acquisition Policy (Contract Policy and International Contracting) in accordance with DFARS PGI 201.170-4(f) to SAF/AQC, safaqc.workflow@pentagon.af.mil.

(b)(1) Pre-award Peer Reviews of solicitations valued at less than $1 billion. This requirement shall be accomplished by complying with the Clearance requirements in 5301.9001(b).

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 in accordance with DFARS 201.201-1(d)(i).

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 authority granted by HAF MD 1-10, 8 Apr 09, and ASAF(A) memorandum, Delegation of Contract and Agreement Authority, 12 Dec 06.

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.

5301.304 Agency Control and Compliance Procedures

FAR Supplements comply with the control and compliance procedures established in FAR 1.3, as supplemented, and do not restrain the flexibilities found in the FAR, DFARS and/or AFFARS. MAJCOMs, DRUs, and AFISRA 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) Submit requests for deviations which require USD(AT&L)/DP or SAF/AQC approval through the Senior Contracting Official (SCO) to SAF/AQCK for processing.

5301.403 Individual Deviations

a. SCOs are authorized to approve individual deviations except as restricted by DFARS 201.4.

b. Except as described in (c) below, individual deviation approval authority may only be delegated to an SCCO.

c. Individual deviations from FAR 15.3, DFARS 215.3, AFFARS 5315.3, and MP5315.3 shall be approved by the SCO. This approval authority shall not be further delegated.

d. See MP5301.4 for annual deviation reporting requirements.

5301.404 Class Deviations

(b)(ii) Class deviation approval authority for the DRUs and AFISRA has been retained by the DAS(C).

SUBPART 5301.6 — CAREER DEVELOPMENT, CONTRACTING AUTHORITY, AND RESPONSIBILITIES


5301.601 General

(a)(i) Heads of Contracting Activities (HCAs) Responsibilities.

5301.601-90 Contracting Assessment Program (CAP)

SAF/AQC conducts annual assessments of the Air Force’s contracting system. A principal element of this program is a Procurement Management Assessment (PMA) having three primary objectives:

(a) Review contracting operations in order to: (1) evaluate leadership practices; (2) assess customer support/satisfaction; (3) assess the degree of sound business judgment exercised; (4) determine if SAF/AQC policy emphasis areas are managed and executed properly; and (5) ensure contracting standards, policies, and procedures, conform to Federal, DoD, and Air Force expectations.

(b) Collect feedback on the effectiveness and efficiency of current contracting policy.

(c) Collect and share MAJCOM best practices within the Air Force.

Click here to see additional CAP information and past PMA results.

5301.601-91 Air Force Contracting Compliance Inspection Program

See MP5301.601-91 for requirements of the Air Force Contracting Compliance Inspection Program and the Air Force Contracting Compliance Inspection Checklist.

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)(i) Legal Review

(d) Designation, Assignment, and Responsibilities of a Contracting Officer’s Representative

See MP5301.602-2(d).

5301.602-3 Ratification of Unauthorized Commitments

See MP5301.602-3 for required ratification procedures.

(b) Policy.


5301.603 Selection, Appointment, and Termination of Appointment (No Text)

5301.603-1 General

MAJCOM/DRU and AFISRA SCOs and SMC and AFMC SCCOs are authorized to select and appoint contracting officers and terminate their appointments in accordance with this section and MP5301.603.

(a) For AFMC, the SCCO may delegate this authority to the highest contracting official in the contracting chain at geographically separated organizations and AFRL detachments, but in no event will the designee be lower than a GS-15 (or equivalent) or 0-6.

(b) MAJCOM/DRU and AFISRA SCOs may delegate authority to issue limited contracting officer warrants of less than $5M, and authority to terminate appointments of less than $5M, but in no event will the designee be lower than the Contracting Squadron Commander, Deputy, or equivalent.

5301.603-2(S-90) Selection

(a) Individuals selected for contracting officer appointments shall be limited to military personnel in Air Force Specialty Codes (AFSCs) 64PX or 6C0X1 and civilians in the GS-1102 or equivalent local national occupational series possessing an Intermediate (Level II) or Advanced (Level III) 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 or equivalent local national occupational series who occupy a manning authorization listed under these specialty codes and who possess a Level I APDP certification in contracting may only be selected for limited warrants for amounts less than $5M. Those contracting personnel who do not possess a Level I APDP certification in contracting (including Purchasing Agents in the GS-1105 series) may only be selected for limited warrants for amounts less than or equal to the simplified acquisition threshold (SAT).

5301.603-3 Appointment

(b) Issuing authorities identified in 5301.603-1 may delegate the purchase authority in DFARS 213.301 for amounts that do not exceed the SAT, to non-contracting DoD civilian employees and members of the U.S. Armed Forces, such as transportation personnel, medical supply personnel, librarians, and chiefs of construction management, provided:

(1) The written delegation specifies a dollar limit per transaction (e.g., per order, per call); the method(s) of award; and the supplies, equipment and/or non-personal services, to include construction, related to the individual’s specialty that may be procured. For example, librarians may buy books, but not construction materials or services; and,

(2) Personnel have completed contracting training commensurate with the type of instrument(s) authorized to process and level of responsibility delegated.

5301.603-4 Termination

Requests for termination of warrants shall be submitted 30 days in advance (or as soon as practicable) of the requested termination date along with the reason for termination. All terminations of warrants shall be in writing and signed by the issuing authority.

SUBPART 5301.90 — CLEARANCE

5301.9000 Scope and Definitions

(a) This subpart establishes clearance requirements for the contract actions identified below:

(b) Excluded from business or contract clearances are:

(c) “Business Clearance” means:

(1) For competitive acquisitions, approval to issue the solicitation.

(d) “Begin negotiations” means, for the purpose of noncompetitive contract actions, 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.

(e) “Contract Clearance” means:

5301.9001 Policy, Thresholds, and Approvals (INTERIM CHANGE: See Policy Memo 11-C-06)

(a) The objectives of the business and contract clearance process are to ensure that:

(b) The clearance approval authority shall ensure that the clearance process meets the objectives in paragraph (a) above. The clearance approval authority shall use multi-functional independent review teams (MIRTs) as an integral component of the clearance process by validating each critical decision point as described in MP5301.9001(b).

(c) The clearance approval authority must seek legal advice (See 5301.602-2) and ensure that counsel has coordinated on any clearance briefings or presentations, and that counsel’s comments are included in the briefing or presentation.

(d) At the discretion of the clearance approval authority, contract clearances are not required when the negotiation team stays within a pre-set negotiation range and meets the parameters approved at the business clearance.

(e) The Source Selection Authority (SSA) shall not be the clearance approval authority.

(f) Contract actions meeting the contract value thresholds set below shall not be awarded without obtaining the required business and contract clearance approval(s). Clearance approval authority may not be delegated, however unit specific assignments pursuant to subparagraph (3)(i) are authorized.

Contract Value*

Clearance Approval Authority

ACAT I > $250M

DAS(C) and ADAS(C) for Business Clearance Only (see paragraph (f)(1)(i) above)

>$50M

SCCO

$25M - $50M

One level below the SCCO (e.g., Chief of Contracting for the Directorate for AFMC, Chief of the Contracting Office (COCO) for SMC)

$5M - <$25M

Two levels below the SCCO (e.g., Chief of Contracting Division for AFMC, or Deputy COCO for SMC)

Contract Value*

Clearance Approval Authority

>$2M

SCO or SCCO

$1M - $2M

SQ/CC or DBO, PKO for AFMC, or COCO for SMC

$500K - <$1M

At least one level above the CO

Contract Value*

Clearance Approval Authority

>$500K

AFRC/A7K

* Note: Contract value is determined by applying the sum of the value of the basic portion of the instant acquisition, plus any options, sums reserved for provisioning, and the value of any contingencies, such as ceiling, award fees/terms, and performance incentives.

SUBPART 5301.91--OMBUDSMAN PROGRAM

5301.9101 Purpose

The purpose of the Air Force ombudsman program is to foster communication between government and industry. The primary function of the ombudsman is to hear concerns about specific issues in acquisitions, to communicate these concerns to senior management personnel responsible for oversight and to assist in the resolution of the concerns. In accordance with 5301.9102(f) below, employees, managers and customers may use the Air Force component ombudsman when seeking assistance in resolving procurement integrity issues.

5301.9102 Policy

(a) MAJCOM and DRU commanders shall appoint an experienced senior official who is independent of the contracting officer and program manager as the ombudsman at their MAJCOM/DRU. The AFISRA commander shall appoint an experienced senior official who is independent of the contracting officer and program manager as the ombudsman at AFISRA. For AFMC and AFSPC Centers, an ombudsman is required at each Center, instead of at the MAJCOM.

(b) The ombudsman will have the authority to call upon other resources of the activity to assist in resolving acquisition issues or concerns (e.g. administrative support, independent review teams).

(c) Contracting officers shall identify the ombudsman in the initial announcement of the acquisition as well as in the draft and final RFP.

(d) The ombudsman shall:

(e) The Ombudsman Program does not replace the agency level protest, GAO bid protest or disputes processes.

(f) The Air Force ombudsman is the Associate Deputy Assistant Secretary (ADAS) (Contracting), who may take action to assist in resolving issues, concerns, disagreements, and recommendations that cannot be resolved at the MAJCOM/DRU level, at AFISRA, or for those having Air Force wide implications. The ADAS(C) is the AF ombudsman for procurement integrity issues (see OUSD(AT&L)/DPAP Memo dated October 1, 2009, Subject: Ombudsman for Procurement Integrity).

(g) Government personnel may use the Ombudsman Program as a way to express concerns about an acquisition.

5301.9103 Solicitation Provision and Contract Clause

Insert a clause substantially the same as the clause at 5352.201-9101, Ombudsman, in all solicitations (including draft solicitations) and contracts.

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