INTERIM POLICY NOTICE

97-05

26 SEP 97

EFFECTIVE DATE/IMPLEMENTATION: 1 Oct 97

This notice implements changes to AFMCFARS

1. 5301.601-91, Establishment of heads of contracting activities;

2. 5301.601-94 -Legal review;

3. 5301.603-2 - Selection;

4. 5301.603-3 - Appointment;

5. 5302.101 - Definition of Laboratory Commander;

6. 5303.104-11-90 - Processing violations or possible violations;

7. 5306.303-290 - Justification review document;

8. 5306.304-90 - AFMC approval of the justification;

9. 5307.104-90 - Air force procedures for Acquisition Plans; AFMCFARS

10. 5315.810-2 - Program should-cost review;

11. 5315.890-4 - Responsibilities; 5315.903 - contracting officer responsibilities;

12. 5315.9001 - Procedures;

13. 5316.405-2 - Cost-plus-award-fee contracts;

14. 5319.201 - General Policy;

15. 5332.703-1 General;

16. 5333.104-90 - Protests to GAO;

17. 5337.9103 - Management Responsibility;

18. 5342.7101-90 - Procedures applicable to other than spare parts; and

19. 5349.101 - Authorities and Responsibilities.

These changes are required because changes to the AFFARS and the AFMCFARS reflect the new Air Force Research Laboratory organization. References to the old laboratory structure are removed or revised to reflect the new AFRL structure and to clarify contracting approval and authority flow for laboratory requirements. The AFRL/CC will exercise Center Commander equivalent authority. The AFRL/PK will serve as the Senior Center Contracting Official (SCCO) for the AFRL. Contracting officials one level below the SCCO will be Chiefs of the Contracting Offices (COCOs) for Other Contracting actions.

2. This IPN is effective until the policy is superseded by a future AFMCAC.

3 Refer questions to Maj Cheryl Junker, at DSN 986-0305.

Attachment:

AFMCFARS Revisions

IPN 97-05

AFMCFARS Revisions

AFMCFARS 5301.601-91 - Establishment of heads of contracting activities.

(90) Center Commanders are authorized to act as designee of the HCA when regulation provides authority to the head of the contracting activity or designee. This authority may be redelegated only to the vice commander, executive director, or SCCO. , laboratory commander, or SLCO

AFMCFARS 5301.601-94 - Legal Review.

(b)(90) The SCCO and the cognizant legal office shall establish the legal review threshold for Other Contracting. The threshold may not exceed the limits established in AFFARS 5301.601-94(c) for PEO and DAC Programs.

AFMCFARS 5301.603-2 - Selection.

(91) Membership of field review boards shall be as determined by the SCCO. Board members must be of equal or higher grade than the grade of the person being considered for the warrant.

AFMCFARS 5301.603-3 - Appointment.

(a)(90) The SCCO is delegated the authority to appoint contracting officers.

AFMCFARS 5302.101 Definition of Laboratory Commander is rescinded.

Laboratory and Wright Laboratory and the Director of Armstrong Laboratory.

AFMCFARS 5303.104-11-90 - Processing violations or possible violations.

(a) For Other Contracting actions, Center Commanders may redelegate the authority for reporting violations or possible violations in accordance with FAR 3.104-10 no lower than the SCCO. The Center Commander or designee shall establish procedures to review violations or possible violations reported by the contracting officer.

AFMCFARS 5306.303-290 Justification review document.

(90) The Air Force Research Laboratory Commander shall coordinate on the JRD for S&T acquisitions which require SPE approval. When the simplified S&T AP and J&A format is used, the AP cover page shall serve as the JRD.

AFMCFARS 5306.304-90 - AFMC approval of the justification.

(b) For Other Contracting actions over $10M but not exceeding $50M, the following listed designees (if a general officer or SES) are authorized to approve justifications. Additionally, redelegation to a general officer or SES is authorized in accordance with FAR 6.304(a)(3).

- Center/CC or CV/CD

- HQ AFMC/PK for AEDC

AFMCFARS 5307.104-90 - Air Force procedures for Acquisition Plans.

Acquisition Plan (AP) Review and Approval

Other Contracting (Non Information Technology)

THRESHOLD

AP (REVIEW)*

AP(APPROVE)

$5M to < $50M

COCO

Center CommanderLaboratory Commander (delegable)

$50M to < $500M

SCCO

Center Commander

(nondelegable)

$500M and above

SAF/AQC

PDASAF(A&M)

Acquisition Plan (AP) Review and Approval

Other Contracting (Information Technology Not Integral to a Weapon System)

THRESHOLD

AP (REVIEW)*

AP(APPROVE)

$5M to <$15/30M**

COCO

Center Commander Laboratory Commander (delegable)

$15/30M** to <$120M

SCCO

Center Commander (nondelegable)

$120M and above

SAF/AQC

PDASAF(A&M)

AFMCFARS 5315.810-2 - Program should-cost review

(b) Each contract proposal over $100M that meets the criteria in FAR 15.810(b), as supplemented, shall be reviewed to determine if a Should Cost Analysis is appropriate. The SCCO determines when the review should be conducted to obtain significant savings on initial production contracts, contract options, or follow-on production contracts. The following factors should also be considered.

(90) The SCCO or designee organizes and conducts the Should Cost Review using AFPAM 64-112, Should Cost Review Guide.

AFMCFARS 5315.890-4 - Responsibilities.

(a)(1) The SCCO is the approval level for FPAs.

AFMCFARS 5315.903 - Contracting officer responsibilities.

(b)(3)(ii)(90) The SCCO may approve written requests for the use of an Alternate Structured Approach (ASA). This authority may not be redelegated.

AFMCFARS 5315.9001 - Procedures.

(b) The Ombudsman shall:

(1) work with acquisition personnel to resolve issues raised by interested parties;

(2) report only to the DAC, Center Commander, or PEO; and

(3) inform the commander or PEO, as required, of issues raised and actions taken.

AFMCFARS 5316.405-2 - Cost-plus-award-fee contracts.

(91) FDO. For PEO/DAC Programs, the PEO or DAC for the program is the FDO, unless otherwise appointed. The PEO/DAC-appointed FDO shall be a level no lower than the Single Manager. In addition, the DAC may appoint the vice commander or Executive Director to be the FDO. Redelegation by the PEO/DAC-appointed FDO below the level of Single Manager is not authorized. In the absence of the FDO, the person officially acting in the position of the PEO/DAC-appointed FDO may serve as the FDO. For Other Contracting actions, the center commander will be the FDO, unless otherwise appointed. Redelegation by the commander-appointed FDO is not authorized.

AFMCFARS 5319.201 - General Policy.

(c)(9)(90) For special access programs, the contracting officer shall complete DD Form 2579, Small Business Coordination Record, RCS: DD-A&T (AR)1862. The COCO shall review and coordinate on the DD Form 2579 in those instances where the Small Business Specialist and the SBA/PCR are precluded from the review process due to security classification. Disagreements on the suitability of special access program requirements for small business shall be elevated to the SCCO for resolution

AFMCFARS 5332.703-1 - General.

(1)(iii) The authority to approve the use of incremental funding for fixed-price base service or hazardous/toxic waste remediation contracts is delegated to the SCCO.

AFMCFARS 5333.104-90 - Protests to GAO.

(a)(2)(i)(A) The SCCO or designee shall review all GAO protest agency reports and sign the transmittal letter incorporating the recommendation on adjudication of the protest. Forward two copies of the contracting officer's statement of facts and the memorandum of law to the HQ AFMC/PKP protest point of contact. When the GAO sustains a protest or when the center takes corrective action to resolve a protest, the SCCO shall notify HQ AFMC/PKP of the protest issue and corrective action.

AFMCFARS 5337.9103 - Management Responsibility.

The SCCO shall ensure the accomplishment of effective surveillance of service contracts. The SCCO shall ensure:

(a) Training is provided and documented for each JFT member. Centralized JFT training, coordinated by a center or lab service contracts training focal point, is encouraged.

(b) A review process is established to make certain all orders and modifications are within scope.

(c) The contracting officer has full visibility for tracking of orders and funds expenditures.

(d) Periodic management reviews of service contracts are established to verify that the surveillance process is working properly.

AFMCFARS 5342.7101-90 - Procedures applicable to other than spare parts.

To obtain HCA approval to solicit a refund on other than a spare parts contract, the SCCO shall forward a detailed statement justifying the refund action and a proposed letter to the president or principal officer of the contractor, as prescribed in AFFARS 5342.7101-90(b) and (d), to HQ AFMC/PKP.

AFMCFARS 5349.101 - Authorities and Responsibilities.

(d) Each SCCO shall consider appointing and training at least one TCO.