Air Force Acquisition Circular (AFAC) 2004-1122

22 NOV 2004

FOR ADDITIONAL INFORMATION CONTACT: SAF/AQCP, 1060 Air Force Pentagon, Washington, DC 20330-1060, (703) 588-7058.

Summary of Changes

Item

Subpart - Reason for Change

I

5316.4 - Clarify Fee Determining Official (FDO) responsibility and that it is delegable.

II

Incorporate language from existing guides as informational guidance:

(1) 5304.7202-1 - Incorporate informational guidance, IG5304.7202-1, Commercial and Government Entity (CAGE) Codes.

(2) 5313 - Incorporate informational guidance, IG5313, Simplified Acquisition Procedures.

III

5302.101 - Clarify definition of “Other Contracting.”

IV

5301.102-90(h), 5301.601(a)(i)(A), 5303.104-7(a)(1), 5306.304(a)(3), and 5337.104(b)(i) - Delete references to Designated Acquisition Commander (DAC).

V

5352.223-9003 - Correct date of clause.

VI

5323.9201 and 5352.223-9002 - Move clause to 5337.9001 and 5352.237-9001.

Note: “*****” below indicates that text is omitted.

AFAC Changes

I

5316.4 - Clarify Fee Determining Official (FDO) responsibility and that it is delegable.

Supplementary information about the change: Currently, there is a gap in clearly stating who is the FDO. The AF Award Fee Guide states the FDO is identified in the Award Fee Plan and the Award Fee Plan is approved by the FDO. This change clarifies FDO responsibility and that it is delegable. However, the authority to redelegate the FDO without limitation does not overrule an existing restriction in 10 U.S.C. 2311(b) that prohibits the delegation of procurement authority outside of DoD, NASA, or the Coast Guard.

SUBPART 5316.4 — INCENTIVE CONTRACTS

5316.401 General.

(d) As used in this subpart - Fee Determining Official is the individual who makes the final determination regarding the amount of the award fee earned by the contractor during the evaluation period.

5316.404 Fixed-price contracts with award fees.

(a) See 5316.405-2.

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

(a) The HCA or HCA designee is the Fee Determining Official. The HCA or HCA designee may designate this responsibility on an individual contract or class basis. This designation may be made by name, position, or function, without limitation.

II

Incorporate language from existing guides as informational guidance:

(1) 5304.7202-1 - Incorporate informational guidance, IG5304.7202-1, Commercial and Government Entity (CAGE) Codes.

(2) 5313 - Incorporate informational guidance, IG5313, Simplified Acquisition Procedures.

Supplementary information about the change: Incorporates language from existing Air Force Guides as informational guidance.

SUBPART 5304.72 — CONTRACTOR IDENTIFICATION

5304.7202-1 CAGE codes.

See Informational Guidance at IG5304.7202-1, Commercial and Government Entity (CAGE) Codes, for guidance on how to submit a CAGE code expedite request.

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5313.000 Scope of part.

Informational Guidance on Inspection of Decentralized Purchasing Operations, Soliciting from a Single Source, Blanket Purchase Agreements, and Imprest Fund and Third Party Drafts is available at IG 5313, Simplified Acquisition Procedures.

SUBPART 5313.1 — PROCEDURES

5313.106-1 Soliciting competition.

(b) A separate sole source justification is not required, if screening has been accomplished and documented under the DOD Spare Parts Breakout Program (DFARS Appendix E).

III

5302.101 - Clarify definition of “Other Contracting.”

Supplementary information about the change: Clarifies definition to exclude contracting efforts in a Program Executive Officer (PEO) portolio.

"Other contracting" means those contracting actions (as defined in DFARS 204.670-1), not in a PEO portfolio, taken to support acquisition programs, maintain and repair fielded weapon systems, and support Air Force operations. The term includes, but is not limited to, contracts for local purchase and other operational support; replenishment spares; programmed depot maintenance; weapon system modifications which do not involve significant development; contractor logistics support; manpower and support; and science and technology (i.e., research, exploratory development or advanced development, and not intended for a system specific application (6.1, 6.2, or 6.3A funds)).


IV

5301.102-90(h), 5301.601(a)(i)(A), 5303.104-7(a)(1), 5306.304(a)(3), and 5337.104(b)(i) - Delete references to Designated Acquisition Commander (DAC).

Supplementary information about the change: The Program Executive Officer realignment eliminated the Designated Acquisition Commander effective 31 Mar 04.

5301.102-90 Statement of guiding principles for the Air Force acquisition system.

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(h) MAJCOM and DRU commanders, PEOs, and acquisition managers and supervisors shall establish procedures to encourage and reward acquisition teams and/or individuals who effectively implement these principles.

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5301.601 General.

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5303.104-7 Violations or possible violations.

The contracting officer shall provide a copy of the information and documentation generated under FAR 3.104-7 to SAF/GCR.

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5306.304 Approval of the justification.

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5337.104 Personal services contracts.

V

5352.223-9003 - Correct date of clause.

Supplementary information about the change: AFAC 2003-0501 changed the clause number for the Enhanced Security of Products clause from 5352.223-9101 to 5352.223-9003. The date of the clause should be May 2003.

5352.223-9003 Enhanced Security of Products

As prescribed in 5323.9101, insert the following clause in Section I:

ENHANCED SECURITY OF PRODUCTS (MAY 2003)

VI

5323.9201 and 5352.223-9002 - Relocate clause to 5337.9001 and 5352.237-9001.

Supplementary information about the change: Relocates AFFARS Clause 5352.223-9002, Contractor Personnel Performing Mission Essential Services, from AFFARS 5323, Environment, Energy and Water Efficiency, Renewable Energy Technologies, Occupational Safety, and Drug-Free Workplace to AFFARS 5337, Service Contracting.



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SUBPART 5337.90 – CONTRACTOR PERSONNEL PERFORMING MISSION ESSENTIAL SERVICES

5337.9001 Contract clause.

The contracting officer shall insert the clause at 5352.237-9001 – Requirements Affecting Contractor Personnel Performing Mission Essential Services, in solicitations and contracts that require contractors to perform mission essential services.

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5352.237-9001 -- Requirements Affecting Contractor Personnel Performing Mission Essential Services

As prescribed in 5337.9001, insert the following clause in Section I:

REQUIREMENTS AFFECTING CONTRACTOR PERSONNEL PERFORMING MISSION ESSENTIAL SERVICES (OCT 2004)

(a) The Contracting Officer has identified all or a portion of the services performed under this contract as “Essential DoD Contractor Services” as defined and described in DoD Instruction (DoDI) 3020.37, “Continuation of Essential DoD Contractor Services During Crises.” Hereafter, the personnel identified by the contractor to perform these services shall be referred to as “Mission Essential Contractor Personnel.”

(b) Within (insert the number of days required to institute any necessary safety and health precautions) days after contract award or incorporation of this clause into a contract by modification, the Contractor shall provide a written list of all “Mission Essential Contractor Personnel” to the Contracting Officer or designee. The list shall identify names and country(ies) where each employee will perform work under this contract.

(c) As required to comply with or perform pursuant to DoD or Air Force requirements, the contracting officer shall direct the contractor to comply with requirements intended to safeguard the safety and health of Mission Essential Contractor Personnel. The Contracting Officer may communicate the requirements through a letter of notification or other means, and subsequently modify the contract to incorporate the requirements via full text or by reference. The Contractor may file a proposal for cost or other impacts under the Changes clause or a Request for Equitable Adjustment.

(d) This clause shall be inserted in all subcontracts meeting the criteria in paragraph (a) of this clause.

(End of clause)