MP5301.601(a)(i) Head of the Contracting Activity (HCA) Matrix

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Mandatory Procedure

MP5301.601(a)(i)
Head of the Contracting Activity (HCA) Matrix

[2013 Edition]

NOTE: Yellow-shaded blocks indicate retained HCA responsibilities or those that are non-delegable per the regulation listed in the “Reference” column.

Item

Reference

HCA Responsibilities / Designee

Retained by HCA
(SAF/AQC)

Delegated to SCOs, SCCOs, or Delegable to SCCOs (Note 1)

Delegable below SCO or
SCCOs (Note 1)

1

FAR 1.602-3(b)(2) and (3);
AFFARS 5301.602-3(b)(2)

Ratification of unauthorized commitments, subject to the limitations in FAR 1.602-3(c) -- Delegated in AFFARS

No

Yes for actions of $30K and above

Delegated to the COCO for actions less than $30K (not redelegable)

2

FAR 3.104-5(c)(2);
AFFARS 5303.104-3(c)(1)(ii)

Authorizes the disqualified official to resume participation in the procurement or determine that an additional disqualification period is necessary.

No

Yes

No

3

FAR 3.104-7;
AFFARS 5303.104-7(f)

Reviews and takes appropriate action on information that a reported violation or possible violation of a present or former government official or someone advising that official knowingly disclosed contractor bid or proposal information or source selection information before award.

Yes

No

No

4

FAR 3.602;
AFFARS 5303.602

Authorizes contract award to a Government employee or to a business concern owned or controlled by a Government employee and only if there is a most compelling reason to do so per FAR 3.602.

Yes

No

No

5

FAR 3.704(c)
AFFARS 5303.704(c)

Considers, in addition to any penalty prescribed by law or regulation--suspension or debarment proceedings, voiding and rescinding contracts for a contractor convicted of any offense relating to contracts with the agency.

No

Yes

No

6

FAR 3.1104(b)
AFFARS 5303.1104(b)
FAR 9.504(c)
AFFARS 5309.504(c)

Determines in writing that such action in FAR 3.1104(a) is in the best interest of the Government (HCA may impose conditions that provide mitigation of a personal conflict of interest or grant a waiver)

Yes

No

No

7

DFARS 205.502(a);
AFFARS 5305.502(a)

Approves the publication of paid advertisements in newspapers. -- Delegated in AFFARS

No

Yes

Yes, one level above CO

8

DFARS 206.302-1(a)(2)(i)(1)
AFFARS 5306.302-1(a)(2)(i)(1)

Determines if agency can enter into contracts for studies, analyses, or consulting services on the basis of an unsolicited proposal without providing for full and open competition.

No

Yes

Yes, but no lower than the COCO

9

DFARS 206.302-4(c);
AFFARS 5306.302-4(c)

Approves a document (AFFARS prescribes use of International Agreement Competitive Restrictions (IACR)) that describes the terms of an agreement or treaty or written directions, such as a Letter of Offer and Acceptance, which have the effect of requiring the use of other than competitive procedures. J&A is not required. -- Delegated in AFFARS

No

Yes

Yes, CO

10

DFARS 207.470(b)
AFFARS 5307.470(b)

Approves acquisition for vessel/aircraft/vehicle through a lease/charter/similar agreement for 18 months or more.

No

Yes

No

11

FAR 8.404(h)(3)(ii)(C)
AFFARS 5308.404(h)(3)(ii)(C)

Approves D&F when the total performance period, including options, of a T&M/LH order is more than three years.

No

Yes

No

12

FAR 9.202(a);
DFARS PGI 209.202(a)(1);
AFFARS 5309.202(a)(1)

Is the designee referenced in FAR 9.202(a) (inclusion of other qualification requirements).

No

Yes

Yes, but no lower than COCO

13

FAR 9.206-1(b);
AFFARS 5309.206-1(b)

Is the designee referenced in FAR 9.206-1(b) (enforcing qualification requirements).

No

Yes

Yes, but no lower than COCO

14

DFARS 209.270-3(a)
AFFARS 5309.270-3(a)

Approves a contract for procurement, modification, repair, or overhaul of an aviation critical safety item with a source approved by the head of the design control activity.

No

Yes

Yes, but no lower than COCO

15

FAR 9.503and 9.506(d)(3)
AFFARS 5309.503

Waives FAR 9.5 requirements -- Organizational and Consultant Conflicts of Interest (OCI).

Yes

No

No

16

DFARS 209.571-7(b)(2)(c)(1)
AFFARS 5309.571-7(c)(1)

Determines an exception to Limitation on Future Contracting in systems engineering and technical assistance contracts is necessary.

Yes

No

No

17

DFARS PGI 211.273-3
AFFARS 5311.273-3(3)

Determines prior to contract award, that a Single Process Initiative (SPI) process for use in lieu of military or Federal specifications and standards is not acceptable for a specific procurement.

Yes

No

No

18

DFARS 211.274-2(b)(2)(i)((B)
AFFARS 5311.274-2(b)(2)(i)(B)

Determines it is more cost effective for the Government requiring activity to assign, mark, and register unique item identification after delivery of an item acquired from a small business concern or a commercial item acquired under FAR Part 12 or Part 8 for an acquisition other than ACAT I program.

No

Yes

No

19

DFARS 212.302(c)
AFFARS 5312.302(c)

Waiver authority for tailoring provisions and clauses for acquisition of commercial items under FAR 12.302(c).

No

Yes

No

20

FAR 14.201-7(b)(2) and (c)(2)
AFFARS 5314.201-7(b)(2) and (c)(2)

Waives the requirement for inclusion of FAR clauses 52.214-27 and 52.214-28 in a contract with a foreign government or agency of that government.

No

Yes

No

21

DFARS 215.371-5
AFFARS 5315.371-5

Waives the requirement at DFARS 215.371-2 to resolicit for an additional period of at least 30 days when only one offer is received as a result of a competitive solicitation allowing fewer than 30 days for receipt of proposals.

No

Yes

Yes, but no lower than the COCO

22

FAR 15.403-1(c)(4);
DFARS 215.403-1(c)(4)(A);
AFFARS 5315.403-1(c)(4)(A)

Waives requirement for submission of certified cost or pricing data in exceptional cases.

Yes

No

No

23

FAR 15.403-3(a)(4)
AFFARS 5315.403-3(a)(4)

Approves determination to make award without offeror submission of data other than certified cost or pricing data.

No

Yes

No

24

FAR 15.403-4(a)(2);
AFFARS 5315.403-4(a)(2)

Authorizes CO to obtain certified cost or pricing data for actions below the threshold in FAR15.403-4(a)(1), provided the action exceeds the SAT.

Yes

No

No

25

DFARS 215.404-4(c)(2)(C)(2);
AFFARS 5315.404-4(c)(2)(C)(2)(90)

Approves the use of the alternate structured approach for Profit (see DFARS 215.404-73). -- Delegated in AFFARS

No

Yes

Yes, but no lower than COCO

26

DFARS 215.407-3(b)(i)
AFFARS 5315.407-3(b)(i)

Waives on a case-by-case basis, the use of forward pricing rate agreement (FPRA) rates when such rates are available.

No

Yes

No

27

DFARS PGI 215.407-4(c)(2)(B)
AFFARS 5315.407-4(c)(2)(B)

Requests an overhead should-cost review for a contractor business unit that does not meet the criteria found in DFARS PGI 215.407-4(c)(2)(A).

No

Yes

No

28

DFARS 215.408(5)(i)(B)
AFFARS 5315.408(5)(i)(B)

Approve determination (when contracting with the Canadian Commercial Corporation) that data other than certified cost or pricing data are needed in order to determine that the price is fair and reasonable. Delegated in AFFARS.

No

Yes

Yes, two levels above the Contracting Officer

29

DFARS 215.408(5)(ii)(A)(2)
AFFARS 5315.408(5)(ii)(A)(2)

Approve determination (when contracting with the Canadian Commercial Corporation) that it is reasonably certain that data other than certified cost or pricing data will be needed in order to determine that the price of modifications is fair and reasonable. Delegated in AFFARS.

No

Yes

Yes, two levels above the Contracting Officer

30

FAR 16.206-3(d)
AFFARS 5316.206-3(d)

Approves the use of a fixed-ceiling-price contract with retroactive price redetermination.

Yes

No

No

31

FAR 16.401(d);
AFFARS 5316.401(d)

Approves D&F to justify that the use of an incentive or award-fee contract is in the best interest of the government.

No

Yes

No

32

AFFARS 5316.401(e)(3)(i)

For Other Contracting, the HCA will designate the Fee Determining Official. The PEO is the Fee Determining Official for the PEO’s assigned programs. The PEO or HCA for Other Contracting may designate this responsibility on an individual contract or class basis. This designation may be made by name, position, or function, without limitation.

No

Yes, for Other Contracting

Yes, for Other Contracting

33

DFARS 216.405-2(1)
AFFARS 5316.405-2(1)

Approves setting the percentage of award fee available for the final evaluation below 40 percent if the contracting officer determines that a lower percentage is appropriate.

Yes

No

No

34

FAR 16.601(d);
DFARS 216.601(d);
AFFARS 5316.601(d)(1)(A)(2);
Class Deviation 2012-O0016

Approves the D&F for a T&M/LH contract or order if the base period plus any option period exceeds three years.

Yes

No

No

35

FAR 16.603-2(c)(3)
AFFARS 5316.603-2(c)(3)

Gives CO approval to determine a reasonable price or fee if the CO & contractor fail to reach agreement.

No

Yes

No

36

FAR 16.603-3;
AFFARS 5316.603-3

Determines a letter contract may be used if no other contract type is suitable.

No

Yes

AFMC and SMC SCCOs only may delegate below $50M to no lower than COCO

37

FAR 17.106-3(f)
AFFARS 5317.106-3(f)

Authorizes the use of a solicitation requesting only multi-year prices, provided that dual proposals are not necessary to meet the objectives in FAR 17.105-2.

No

Yes

No

38

FAR 17.106-3(g)
AFFARS 5317.106-3(g)

Approves the use of variable unit prices on multi-year contracts provided that, for competitive proposals, there is a valid method of evaluation.

No

Yes

No

39

DFARS 217.172(e)(2)
AFFARS 5317.172(e)(2)

Determines the conditions required by DFARS 217.172(g)(2)(i)-(vii) will be met by a multi-year contract.

Yes

No

No

40

DFARS 217.174(b);
AFFARS 5317.174(b)

Determines, on the basis of a business case analysis, that the proposed purchase of electricity from sources of renewable energy under such contract is cost effective; and it would not be possible to purchase electricity from the source in an economical manner without the use of a contract for a period in excess of five years.

Yes

No

No

41

DFARS 217.7404-1;
AFFARS 5317.7404-1

Approves Undefinitized Contract Actions (UCA).

No

Yes

AFMC and SMC SCCOs only may delegate below $50M to no lower than COCO

42

DFARS PGI 217.7504(4)(ii)
AFFARS 5317.7504(4)(ii)

Authorizes reverse engineering.

No

Yes

No

43

FAR 18.125
AFFARS 5318.125

Determines that the contracting process may continue after GAO has received a protest (See FAR 33.104(b) and (c)).

Yes

No

No

44

DFARS 218.271
FAR 18.2
AFFARS 5318.201
FAR 13.500(e)
FAR 13.201(g)(1);
AFFARS 5313.201(g)(1)
FAR 12.102(f)
FAR 2.101, Micro-purchase threshold, paragraph (3)
FAR 2.101, Simplified acquisition threshold

Determines that micro-purchases and simplified acquisitions of supplies or services are to be used in support of a contingency operation or to facilitate defense against or recovery from nuclear, biological, chemical, or radiological attack.

No

Yes

Yes, but no lower than the COCO

45

FAR 19.201(c)
AFFARS 5319.201(c)

Implements small business programs within their activities, achieve program goals, and ensure contracting personnel maintain knowledge of program requirements.

No

Yes

No

46

DFARS 219.201(d)(8)
AFFARS 5319.201(d)(8)

Assigns small business technical advisors to perform this function in accordance with DFARS 219.201(10).

No

Yes

No

47

FAR 19.502-3(a)(5)
AFFARS 5319.502-3(a)(5)

Authorizes a partial set-aside be made if there is a reasonable expectation that only two concerns (one large and one small) with capability will respond with offers.

No

Yes

No

48

FAR 19.505(b), (c), and (d);
DFARS 219.505(b)
AFFARS 5319.505(b)

Renders a decision regarding the CO’s rejection of an SBA recommendation.

No

Yes

Yes, but no lower than COCO

49

FAR 19.1305(d)
AFFARS 5319.1305(d)

Determines not to suspend action on the acquisition because urgent and compelling circumstances exist. Replies to SBA if SBA files an appeal for not restricting acquisition to HUBZone.

No

Yes

No

50

FAR 19.1405(d)
AFFARS 5319.1405(d)

Determines not to suspend action. Replies to SBA after receipt of a formal appeal from SBA concerning rejection of a set-aside for Service-disabled Veteran-owned Small Business.

No

Yes

No

51

FAR 22.101-1(e)
AFFARS 5322.101-1(e)

Designates programs for contractors to notify Government of actual or potential labor disputes.

No

Yes

Yes, but no lower than COCO

52

DFARS 222.101-3-70
PGI 222.101-3-70(b)(ii)
AFFARS 5322.101-3-70(b)(ii)

Submits impact reports on labor disputes to agency head when sufficient urgency warrants the attention of the agency head or when specifically requested.

No

Yes

No

53

FAR 22.406-13;
DFARS 22.406-13
AFFARS 5322.406-13

For construction contracts, submits Semiannual Enforcement Reports to the labor advisor.

No

Yes

No

54

FAR 22.805(a)(8)
AFFARS 5322.805(a)(8)

Approves an urgent or critical award, without pre-award clearance from the Office of Federal Contract Compliance Programs (OFCCP), if OFCCP cannot complete the evaluation by required date. Applies for contracts/subcontracts $10M or more excluding construction.

No

Yes

No

55

FAR 22.1802(d)
AFFARS 5322.1802(d)

Waives the E-Verify requirement for a contract or subcontract or a class of contracts or subcontracts, either temporarily or for the period of performance.

Yes

No

No

56

DFARS PGI 223.370-4
AFFARS 5323.370-4(1)(i)(A)(2)

Waives the mandatory requirements for safety precautions for ammunition and explosives.

No

Yes

No

57

FAR 25.103(b)(2)(i)
DFARS 225.103
AFFARS 5325.103(b)
AFFARS MP5325(a)

Approves determination that an article/material/supply is not mined, produced, or manufactured in the United States in sufficient quantities of satisfactory quality.

No

Yes

No

58

DFARS 225.103(a)(ii)(B)(2)
AFFARS 5325.103(b)

Approves determination for a public interest exception, valued between the simplified acquisition threshold and $1.5M, for end products that are substantially transformed in the United States.

No

Yes

No

59

DFARS 225.103(b)(ii)(C)
AFFARS 5325.103(b)

Approves determination for article/material/supply, for $1.5M or more, not domestically available and award is to be made on other than a qualifying country or eligible end product.

No

Yes

No

60

FAR 25.202(a)(2)
DFARS 225-202(a)(2)
AFFARS 5325.202(a)(2)

Approves non-availability determination for domestic construction material.

No

Yes

No

61

DFARS 225.403(c)(ii)(A)
AFFARS 5325.403(c)(ii)(A)

Approves a national interest waiver for a purchase by an overseas purchasing activity if the product is critical for the support of U.S. forces stationed abroad.

No

Yes

No

62

FAR 25.603(a)(1)(i)
AFFARS 5325.603(a)(1)(i)

Approves Non-availability Determination (American Recovery and Reinvestment Act – Buy American Act – Construction Materials).

No

Yes

No

63

DFARS 225.7008(a)(2)
AFFARS 5325.7008(a)(2)

Waives restrictions on certain foreign purchases under 10 U.S.C. 2534(a).

No

Yes

No

64

FAR 28.105
AFFARS 5328.105

Approves using other types of bonds when acquiring particular supplies or services.

No

Yes

No

65

FAR 28.106-2(a)
AFFARS 5328.106-2(a)

Approves the use of a new surety bond during the performance of the contract. -- Delegated in AFFARS

No

Yes

Yes, but no lower than COCO

66

DFARS 228.311-1
AFFARS 5328.311-1

Waives the requirement for use of FAR clause 52.228-7, Insurance -- Liability to Third Persons.

No

Yes

No

67

DFARS 228.370(a)(2)
AFFARS 5328.370(a)(2)

Disallows the contractor to buy insurance for war-hazard losses. If so, the CO shall insert the clause at DFARS 252.228-7000.

No

Yes

No

68

Class Deviation
2011-O0006
AFFARS 5331

Waives the requirements of FAR 31.

No

Yes

No

69

Class Deviation
2011-O0006
AFFARS 5331

Determine that incurrence of the Contribution in Aid of Construction (CIAC) tax is necessary to achieve the most beneficial business case for the Government and allowing the CIAC tax will result in significant benefits to the Government that outweigh the cost of allowing the tax.

No

Yes

No

70

FAR 32.202-1(d)
FAR 32.501-2(a)(3)
AFFARS 5332.202-1(d)

Approves unusual contract financing.

No

Yes

No

71

DFARS 232.901
AFFARS 5332.901(1)(i)(c)(ii)

Determines that conditions exist that limit normal business operations.

No

Yes

No

72

FAR 33.102(b)(3)(ii)
AFFARS 5333.102(b)(3)(ii)

At the request of the contractor, reviews agency records associated with a request for reimbursement of protest costs by the Government.

No

Yes

Yes, but no lower than the COCO

73

FAR 33.104(b)(1) or (c)(2)
AFFARS 5333.104(b)(1) or (c)(2)

Authorizes contract award notwithstanding a GAO protest before award, or continued contract performance notwithstanding a GAO protest after award.

Yes

No

No

74

FAR 33.104(g)
AFFARS 5333.104(g)

Reports to the GAO why their recommendations have not been followed by the agency not later than 5 days after the expiration of the 60-day response period.

Yes

No

No

75

DFARS 233.215(3)
AFFARS 5333.215(3)

Determines that continued performance is necessary pending resolution of any claim that might arise under or be related to the contract.

No

Yes

Yes, at least one level above CO

76

DFARS 235.015-70(c) & (d)(3)(ii)
AFFARS 5335.015-70(c) & (d)(3)(ii)

Approves special use allowance for research facility acquired by educational institutions.

No

Yes

No

77

FAR 36.208
AFFARS 5336.208

Approves concurrent performance of firm-fixed-price and other types of construction contracts at the same work site.

No

Yes

No

78

FAR 36.213-2(a)
AFFARS 5336.213-2(a)

Waives the requirement for pre-solicitation notices for proposed construction contracts expected to exceed the SAT.

No

Yes

No

79

DFARS 236.272(b)(1)
AFFARS 5336.272(b)

Authorizes the use of pre-qualifications for urgent or complex construction projects.

No

Yes

Yes, but no lower than COCO

80

DFARS 236.272(b)(2)
AFFARS 5336.272(b)

Approves the prequalification procedures of construction sources.

No

Yes

Yes, but no lower than COCO

81

FAR 36.301(b)(3)(vi)
AFFARS 5336.301(b)(3)(vi)

Establishes other criteria for use of two-phase design-build selection procedures.

No

Yes

Yes, but no lower than COCO

82

DFARS 236.570(b)(2)
AFFARS 5336.570(b)(2)

Approves use of a separate bid item for mobilization and preparatory work.

No

Yes

Yes, but no lower than COCO

83

FAR 36.602-3
AFFARS 5336.602-3

Oversees evaluation board functions for A&E contracts.

No

Yes

Yes, but no lower than COCO

84

FAR 36.609-1(c)(1)
AFFARS 5336.609-1(c)(1)

Determines that, in fixed-price A&E contracts, cost limitations are secondary to performance considerations and additional project funding can be expected, if necessary.

No

Yes

No

85

DFARS 237.104(b)(iii)(A)(2)
AFFARS 5337.104(b)(iii)(A)(2)

Approves a proposed personal services contract for services to be provided by individuals outside the U.S. and directly supports defense intelligence components or special operations command. Services must be urgent, cannot be obtained by other means, and are supporting DoD activities or programs outside the U.S.

No

Yes

No

86

DFARS 237.7401(c)
AFFARS 5337.7401(c)

Determines the services being acquired under contract with the local government are in DoD’s best interest.

No

Yes

Yes, but no lower than COCO

87

FAR 41.202(c)(2)
AFFARS 5341.202(c)(2)

Approves determination to pay the non-negotiated utility rates due to contract impasse.

No

Yes

Yes, but no lower than COCO

88

FAR 41.204(c)(1)(ii)
AFFARS 5341.204(c)(1)(ii)

Determines use of the area-wide contract for utility services is not advantageous to the Government.

No

Yes

Yes, but no lower than COCO

89

FAR 42.202(c)(2)
AFFARS 5342.202(c)(2)

Approves the delegation of additional functions to the CAO.

No

Yes

Yes, but no lower than COCO

90

DFARS PGI 242.7100(4)
AFFARS 5342.7100(4)

Approves the solicitation of voluntary refunds from a contractor.

No

Yes

No

91

FAR 45.102(e)
AFFARS 5345.102(e)

Determines installation or construction of Government property on contractor-owned real property in such a fashion as to become non-severable is necessary and in the Government’s interest.

No

Yes

No

92

DFARS 245.102(4)(ii)(C)(1)(ii)
AFFARS 5345.102(4)(ii)(C)(1)(ii)

Approves a determination and findings concluding that it is more cost effective for the Government requiring activity to assign, mark, and register the unique item identification after delivery of an item acquired from a small business concern or a commercial item acquired under FAR part 12 or part 8. (CAE must approve the determination and findings for an ACAT I program.)

No

Yes (other than ACAT I programs)

No

93

FAR 45.301(f)
AFFARS 5345.301(f)

Approves use of Government property for commercial use expected to exceed 25 percent of the total use of Government and commercial work performed.

No

Yes

No

94

FAR 48.104-3(a)
AFFARS 5348.104-3(a)
FAR 48.202

Determines if the cost of calculating and tracking collateral savings will exceed the benefits to be derived.

No

Yes

Yes, but no lower than COCO


Note 1: Responsibilities delegated to the SCCO may be performed by the Directors of Contracting at Eglin AFB, Hanscom AFB, Hill AFB, and Robins AFB -- their Deputy Directors of Contracting, Assistant Director of Contracting, and the Technical Director/Assistant to the Director of Contracting.

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