AFFARS PART 5301Federal Acquisition Regulations System

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PART 5301
Federal Acquisition Regulations System

[Revised November 7, 2012]

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.

5301.105-1 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) The Contracting Officer must simultaneously provide a copy of the memorandum to DPAP/CPIC in accordance with DFARS PGI 201.170-4(f) and to SAF/AQC, safaqc.workflow@pentagon.af.mil.

(a)(1)(ii) See MP5301.170(a) for procedures applicable to non-competitive acquisitions subject to OSD Phase 1 and Phase 2 Pre-Award peer reviews.

(a)(2) To facilitate planning for peer reviews as described in DFARS 201.170(a)(2), SCO/SCCOs will ensure the rolling peer review forecast data is current in the reporting tool at https://cs.eis.af.mil/airforcecontracting/knowledge_center/Quarterly%20Updates/Forms/AllItems.aspx as of the 15th of March, June, September, and December each year. SAF/AQC will submit the consolidated forecast to DPAP/CPIC at the end of each quarter.

(b)(1) Pre-award peer reviews of solicitations for competitive procurements valued at less than $1 billion must be accomplished by complying with the Clearance requirements in 5301.9001(b).

SUBPART 5301.2 — ADMINISTRATION


5301.201-1 The Two Councils

(d)(i) Proposed revisions to the FAR, DFARS, or AFFARS must be submitted to SAF/AQCP, safaqcp.workflow@pentagon.af.mil in accordance with DFARS 201.201-1(d)(i).

5301.201-90 Maintenance of the AFFARS

The AFFARS is prepared and maintained by the Chief, Contract Policy & Field Support Division, Deputy Assistant Secretary (Contracting) (SAF/AQCP).

SUBPART 5301.3 — AGENCY ACQUISITION REGULATIONS


5301.301 Policy

(a)(1) 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.

5301.304 Agency Control and Compliance Procedures

MAJCOMs, DRUs, and AFISRA must follow the approved AF Clause Control Plan available at https://cs.eis.af.mil/airforcecontracting/knowledge_center/Documents/AFFARS_Library/5301/2010-02-02_dpap_memo.pdf. Further, MAJCOMs, DRUs, and AFISRA must submit procedures and forms that require approval by USD(AT&L)/DPAP to SAF/AQCP, safaqcp.workflow@pentagon.af.mil. The request must 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)/DPAP.

SUBPART 5301.4 — DEVIATIONS FROM THE FAR


5301.402 Policy

(2) Submit requests for deviations which require USD(AT&L)/DPAP or SAF/AQC approval through the Senior Contracting Official (SCO) to SAF/AQC, safaqc.workflow@pentagon.af.mil 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) and (d) below, individual deviation approval authority may only be delegated to a SCCO.

c. Individual deviations from FAR 15.3, AFFARS 5315.3, and MP5315.3 must be approved by SAF/AQC. This approval authority must not be further delegated.

d. Individual deviations from DFARS 215.3 must be approved by USD(AT&L)/DPAP.

e. 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.

5301.602-1 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.


5301.603-1 General

MAJCOM/DRU and AFISRA SCOs and SMC and AFMC SCCOs must 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) An individual selected for contracting officer appointment must be a military member in Air Force Specialty Code (AFSC) 64PX or 6C0X1 or a civilian in the GS-1102 occupational series who occupies a manned authorization listed under these specialty codes/series and who possesses at a minimum, an Intermediate (Level II) Acquisition Professional Development Program (APDP) certification in contracting, except as otherwise authorized below.

(b) A member of the contingency contracting force in AFSC 6C0X1 who does not possess a baccalaureate degree from an accredited educational institution may be nominated, evaluated, and selected for a limited home station warrant in accordance with this section and MP5301.603:

(c) Military personnel in AFSC 64PX and civilians in the GS-1102occupational series who occupy a manning authorization listed under these specialty codes/series 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, with at least one year of contracting experience, be selected for limited warrants for amounts less than or equal to the SAT.

(d) Local nationals (LN) in an equivalent occupational series to GS-1102 may be selected for a contracting officer appointment in accordance with this section and MP5301.603:

5301.603-3 Appointment

(b) Issuing authorities identified in 5301.603-1 may delegate the purchase authority described in FAR 1.603-3(b) and DFARS 201.603-3(b), 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.

5301.670 Appointment of property administrators and plant clearance officers

(a) When the Air Force retains contract administration, the SCCO or COCO must select, appoint, or terminate (in writing) property administrators and plant clearance officers.

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

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

(b) The clearance approval authority must ensure that the clearance process meets the objectives in paragraph (a) above. The clearance approval authority must use multi-functional independent review teams (MIRT) 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) must not be the clearance approval authority.

(f) Contract actions meeting the contract value thresholds set below must 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 > $500M

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 must 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 must 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 must identify the ombudsman in the initial announcement of the acquisition as well as in the draft and final RFP.

(d) The ombudsman must:

(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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