AFAC

Air Force Acquisition Circular (AFAC) 2007-0531
31 MAY 2007

FOR ADDITIONAL INFORMATION CONTACT: SAF/AQCP, 1060 Air Force Pentagon, Washington, DC 20330-1060 (703) 588-7060

SUMMARY OF CHANGES

I

5308.4, 5308.802 and IG5308.7 Updates section to agree with revised DFARS 208.4 which redirected information to Section 217.78 (see our MP5317.78); updates JWOD program name to AbilityOne and deletes reference which is covered in AFI 64-117 and AF Sup to DODI 5330.3.

II

5317.500, 5317.503, 5317.504 and 5317.7802 Provides new Mandatory Procedure notifications and deletes portions of old IG5317.5 and renumbers to IG5317.504. Updates applicability requirements.

III

5333.190 and 5333.2 Updates office symbol for office of primary responsibility

IV

5337.170-3(b), 5337.503-90(c)(2) and 5337.503-9001 Deletes requirement for servicing agency to provide a copy of contract documents to Air Force contracting officers, updates applicable acquisition size standards, provides reference to new Mandatory Procedures and deletes section on AFAE reporting requirements.

V

5343.102-90 Provides direction on scope evaluations during contract modification process.

VI

IG5306, Chapter 2: Provides guidance on “new work” determinations for J&As.
Chapter 6: Deletes reference to AFMC J&A Guide

VII

MP5305.303 Revised instructions on appropriate threshold for submission of 1279 Report IAW recent DFARS changes.

VIII

MP5317.5 and IG5317.504 Provides revised guidance and procedures on interagency acquisitions under the Economy Act. Revises existing IG5317.5 to IG5317.504.

IX

MP5317.78 Update requires the contracting officer to sign the required D&F for direct acquisitions of services, clarifies that the program manager must sign the D&F, and consolidates repetitive instructions

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

I

5308.4, 5308.802 and IG5308.7 Updates section to agree with revised DFARS 208.4 which redirected information to section 217.78 (see our MP5317.78); updates JWOD program name to AbilityOne and deletes reference which is covered in AFI 64-117 and AF Sup to DODI 5330.3

SUBPART 5308.7 — ACQUISITION FROM NONPROFIT AGENCIES EMPLOYING PEOPLE WHO ARE BLIND OR SEVERELY DISABLED

5308.705 Procedures.

See Informational Guidance at IG5308.7 for acquiring products and services under the Javits-Wagner-O'Day Act from Nonprofit Agencies employing people who are blind or severely disabled.

IG5308.7

Acquisition from Nonprofit Agencies Employing People Who Are Blind or Severely Disabled

May 2007

IG5308.705 Procedures

(a) Definitions. A “contractor” under the Javits-Wagner-O’Day (JWOD) Act is known as a participating Nonprofit Agency (NPA)—also called a Community Rehabilitation Program (CRP). NPAs work with a Central Nonprofit Agency (CNA). National Industries for the Blind (NIB) is the CNA that works with associated nonprofit agencies that serve people who are blind, while NISH-associated CRPs serve people with a range of severe disabilities. The Committee for Purchase From People Who Are Blind or Severely Disabled (Committee) is the independent federal agency responsible for administering the AbilityOne Program.

(b) Adding Products/Services to the Procurement List (PL). Initial contacts by an AbilityOne-associated NPA or CNA with a contracting office are generally to obtain information to use in determining whether or not it can produce a commodity or perform a service. These contacts can occur at any time and alone are not sufficient to suspend planned purchasing actions. This determination is made by the contracting activity after discussions with the Committee staff based on the procurement milestones and the Committee staff’s estimate of when the item will be submitted to the Committee for its decision on the inclusion of the item on the PL.

(c) Once a requirement has been identified as a candidate for addition to the PL, the following steps are taken:

(2) The CNA works with their associated nonprofit agency in gathering background information, statement of work (SOW), performance work statement (PWS), and technical requirements. The CNA also assists in determining production and/or service capability. At this time, the CNA will also seek preliminary, publicly-available data related to any incumbent contractor(s) to determine whether there are any concerns about severe adverse impact, which is later reviewed and determined by the Committee members.

(3) The CNA assigns the requirement to the NPA for development. The contracting office provides the NPA with a copy of the PWS and applicable wage determination.

(4) The CNA helps the NPA develop a proposal, usually an informal proposal versus a full technical proposal, to demonstrate capability to the Contracting Officer.

(5) Included in the proposal is the CNA/NPA recommended fair market price of the product or service, which should be negotiated with the Contracting Officer prior to submission to the Committee.

(6) The Contracting Officer should review the proposal, including pricing, just like any other proposal, and should negotiate accordingly with the NPA if appropriate. The Committee’s Pricing Memorandum #3 details AbilityOne Program pricing policy and procedures for AbilityOne service contracts, and may be viewed or downloaded at http://www.jwod.gov/jwod/library/PricingMemo3.pdf. Issues that arise in the negotiation may involve the NPA’s understanding of the technical aspects of the requirement, procedures, risk management, pricing, manpower usage, application of the Service Contract Act (SCA), etc. The goal is a fair market price that all parties find reasonable. In the development process, the Contracting Activity must concur to the Fair Market Price in order to proceed with a request for addition to the PL.

(i) The SCA applies to AbilityOne service contracts and each worker must be paid full fringe benefits, but the wage rate may be adjusted for productivity. In accordance with the Fair Labor Standards Act (FLSA), NPAs that have received a Special Certificate from the Department of Labor (DOL) may legally pay a worker with disabilities a commensurate (adjusted) wage, based on DOL-approved productivity measures. However, regardless of the level of productivity, employees must receive the full hourly health and welfare benefits. Contracting Officers should request support from their Regional Air Force Labor Advisors office if they have concerns about the unique application of the SCA and/or FLSA to AbilityOne contracts.

(ii) The contracting office does not review the productivity rates of workers. This measurement is performed by the NPA’s rehabilitation professionals who are trained in DOL-approved methodologies, every six months. When AbilityOne Program compliance personnel (trained Committee and NIB/NISH staff) review an AbilityOne-associated NPA, they review the actual productivity studies as well as the methodology used to determine the commensurate wages, where applicable.

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II

5317.500, 5317.503, 5317.504 and 5317.7802 Provides new Mandatory Procedure notifications and deletes portions of old IG5317.5 and renumbers to IG5317.504. Updates applicability requirements.

*****

SUBPART 5317.5 — INTERAGENCY ACQUISITIONS UNDER THE ECONOMY ACT

5317.500 Scope of Subpart.

See the Mandatory Procedure at MP5317.500 for Economy Act acquisitions.

5317.503 Determinations and Findings (D&Fs) Requirements.

See the Mandatory Procedure at MP5317.5003 for D&F requirements and a D&F template.

5317.504 Ordering Procedures. See Informational Guidance at IG5317.504 for supplemental ordering procedures.

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SUBPART 5317.78 — CONTRACTS OR DELIVERY ORDERS ISSUED BY A NON-DOD AGENCY

5317.7802 Policy.

This policy applies to all orders placed for supplies and services under non-DoD contracts.

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III

5333.190 and 5333.2 Updates office symbol for office of primary responsibility


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5333.190 Protests to the United States Court of Federal Claims (USCFC).

(a) The Commercial Litigation Division of the Air Force Legal Operations Agency (AFLOA/JACQ) serves as the Air Force agency counsel to the Department of Justice (DoJ) for protests at the USCFC and assists the assigned DoJ attorney in defending Air Force interests.

(b) The contracting officer shall inform AFLOA/JACQ of any notice of protest at the USCFC and provide support as requested by AFLOA/JACQ. Also notify the SCO or the SCCO and the cognizant legal office.

SUBPART 5333.2 — DISPUTES AND APPEALS


5333.214 Alternate dispute resolution (ADR).

For ACAT I and II programs, the contracting officer shall establish an agreement between the Government and the contractor, such as a memorandum of understanding, that outlines the intent of the parties with respect to the use of ADR. Contracting officers shall consider establishing ADR agreements for other programs and acquisitions.

5333.290 Requests for equitable adjustment (REA).

The contracting officer shall use ADR to the maximum extent practicable to resolve a REA when unassisted negotiations reach an impasse. The contracting officer shall refer to AFLOA/JACQ, with a copy to SAF/GCD, any REA greater than $500,000 in which unassisted negotiations have reached an impasse in order to develop a dispute resolution strategy.

5333.291 Claims and terminations for default.

(a) If a contractor submits an uncertified claim exceeding $100,000, the contracting officer shall notify the contractor, in writing, of its failure to certify as required by the Contract Disputes Act (41 U.S.C. 601-613). The notice shall state that a final decision will not be issued until the claim is certified.

(b) Prior to making a final decision on a claim or termination for default, the contracting officer shall refer the proposed final decision to the cognizant legal office for legal advice, ADR suitability, and appropriate dispute resolution strategies. The contracting officer, with the assistance of the cognizant legal office, shall seek review by AFLOA/JAQC of all proposed final decisions. At the same time, the contracting officer shall provide SAF/GCD with any proposed final decision on a claim involving PEO programs, any proposed final decision on a claim greater than $500,000, or any proposed termination for default with estimated excess reprocurement costs greater than $500,000.

5333.292 Appeals to the Armed Services Board of Contract Appeals (ASBCA).

(a) AFLOA/JACQ represents the Air Force in appeals to the ASBCA.

(b) If the contractor files an appeal with the ASBCA, the contracting officer shall forward to AFLOA/JACQ and the cognizant legal office a copy of any notice of appeal to the ASBCA, along with the envelope in which the notice was received. If the contractor files an appeal with the contracting officer instead of the ASBCA, the contracting officer shall immediately notify AFLOA/JACQ of the date the appeal was received and forward to AFLOA/JACQ and the cognizant legal office a copy of the appeal and a copy of the envelope in which the appeal was received. The contracting officer shall forward the original appeal and envelope to the ASBCA.

(c) The contracting officer shall prepare a “Rule 4 file” for any appeal to the ASBCA in accordance with Rule 4 of the ASBCA rules (see DFARS Appendix A, Part 2). The contracting officer shall consult with AFLOA/JACQ before including in the Rule 4 file any legal opinions or intra-governmental or inter-governmental documents as described in DoD Regulation 5400.7, DoD Freedom of Information Act Program; the Air Force Supplement to DoD 5400.7-R; and FAR 24.2.

(d) The contracting officer shall obtain approval from the AFLOA/JACQ trial attorney assigned to the appeal prior to releasing the Rule 4 file. After such approval, the contracting officer shall simultaneously mail copies of the Rule 4 file to the ASBCA (Recorder), the contractor, and AFLOA/JACQ. The contracting officer shall not provide contractors, or their representatives, access to any Government files or documents, other than the Rule 4 file, without approval from AFLOA/JACQ.

5333.293 Appeals to the United States Court of Federal Claims (USCFC).

(a) The Department of Justice represents the Air Force in appeals brought before the USCFC. The Commercial Litigation Division of the Air Force Legal Operations Agency (AFLOA/JACQ) serves as the Air Force counsel with the Department of Justice in such appeals.

(b) The contracting officer shall notify the cognizant legal office of any notice of appeal to the USCFC. The cognizant legal office shall forward a copy of the notice to SAF/GCD and AFLOA/JACQ.

(c) The contracting officer shall assist the cognizant legal office in preparing the litigation report.

IV

5337.170-3(b), 5337.503-90(c)(2) and 5337.503-9001 Deletes requirement for servicing agency to provide a copy of contract documents to Air Force contracting officers, updates applicable acquisition size standards, provides reference to new Mandatory Procedures and deletes section on AFAE reporting requirements.

*****

(b) For services over $100,000, the Services Designated Official (5337.503) is responsible for approving any purchase requests for services acquisitions to be purchased using a contract or task order being awarded by an agency other than DOD. A copy of the determination and finding required at MP5317.78 shall accompany the purchase request, if applicable. Purchase requests shall include the following statement:

*****

5337.503-90 Services Designated Official(s). The designated official is responsible for the oversight and management of services acquisitions within their portfolio. For services acquisitions:

*****

(c) For other contracting, HCAs or designees are the SDO responsible for acquisitions with a total value of $100M or less, and A-76 studies involving less than 300 FTEs. For DRUs, SDO responsibility is limited to the following:

(1) Non performance-based approvals (5337.170-3(a)).

(2) Any contract or task order for services acquisitions over $100,000 to be awarded by other than DOD (5337.170-3(b)).

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V

5343.102-90 Provides direction on scope evaluations during contract modification process.

SUBPART 5343.1 — POLICY

5343.102-90 Contract scope considerations

Contracting officers must assess scope when modifying contracts. Proposed modifications generally constitute new work when, a) an individual modification or the cumulative effect from previous modifications result in changes that were not fairly and reasonably within the contemplation of the parties when the contract was awarded; or b) when proposed changes are not within the terms of the original contract award. New work requires competition unless one of the seven exceptions to competition found in FAR 6.302 applies. If an exception to competition applies for the new work, program officials must justify and seek approval for other than full and open competition in a J&A. See IG 5306.3.

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VI

IG5306, Chapter 2 Provides guidance on “new work” determinations for J&As
Chapter 6, Deletes reference to AFMC J&A Guide

Chapter 2
WHEN IS A JUSTIFICATION & APPROVAL REQUIRED?

10 USC 2304(c), as implemented by FAR Part 6, requires the use of full and open competition, unless permitted by one of seven statutory exceptions. If awarding a contract under “other than full and open competition” procedures, some form of written documentation is normally required. Chapter 3 of this guide describes each of the seven statutory authorities for the use of “other than full and open competition” procedures. Depending on the authority used, the specific form of written documentation will vary. Examples include: Justification and Approval (J&A), Determinations and Findings (D&F), or an International Agreement Competitive Restrictions (IACR) document.

Written documentation may also be required if awarding a contract using full and open competition after exclusion of one or more sources. If you are excluding a class or classes of sources in order to conduct a small business set-aside, or an 8(a) acquisition, no written justification or determination is required. If you are excluding one or more sources for other reasons, such as to maintain or develop alternative sources of supplies or services, a D&F must be prepared by the contracting officer (CO) and approved as prescribed in AFFARS 5306.202. Refer to FAR 6.2 and supplements for procedures and guidance if you are conducting a full and open competition after exclusion of sources.

Proposed modifications generally constitute new work when, a) an individual modification or the cumulative effect from previous modifications result in changes that were not fairly and reasonably within the contemplation of the parties when the contract was awarded; or b) when proposed changes are not within the scope of the original contract award. New work requires competition unless one of the seven exceptions to competition found in FAR 6.302 applies. If an exception to competition applies for the new work, program officials must justify and seek approval for other than full and open competition, typically in a J&A.

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Chapter 6
J&A TEMPLATES

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VII

MP5305.303 Revised instructions on appropriate threshold for submission of 1279 Report IAW recent DFARS changes.

MP5305.303

Announcement of Contract Awards

May 2007

MP5305.303 Announcement of Contract Awards

The following mandatory procedure is provided to buying offices in preparing 1279 Reports under DFARS 205.303 and Reports of Intent to Award multiyear contracts under AFFARS 5317.191.

(a) The 1279 Report under DFARS 205.303 is used for Congressional notification and public announcement of contract awards, other transactions, grants and cooperative agreements that exceed $5.5 million. Use the 1279 Report Format, tailored where appropriate, when preparing Reports of Intent to Award under AFFARS 5317.191. It is important to remember, however, that the Notice of Intent to Award under AFFARS 5317.191 does not satisfy the requirement for a 1279 Report under DFARS 205.303. Submit the 1279 Report, using control symbol DD-LA-(AR), under DFARS 205.303, to SAF/LLP following the instructions below.

(b) In determining whether a contract action exceeds the $5.5 million threshold under DFARS 205.303, refer only to the face value of the current action. Do not include unexercised options in this calculation. Use the estimated amount of the contract to determine if awards for requirements, time and materials, labor hours, and similar contracts meet the DoD threshold for public announcement. For indefinite delivery/indefinite quantity contracts, use the maximum amount. If multiple awards are being made, and one award meets the threshold, announce all the awards.

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VIII

MP5317.5 and IG5317.504 Provides revised guidance and procedures on interagency acquisitions under the Economy Act. Revises existing IG5317.5 to IG5317.504.

Mandatory Procedure

MP5317.5

Interagency Acquisitions under the Economy Act

MAY 2007

MP5317.500 Scope of Subpart.

(a) The Economy Act also applies for direct acquisitions by Air Force contracting officers ordering from non-DOD contracts when no other specific statute authorizes the order. Before citing the Economy Act, the contracting officer (direct acquisitions) or requiring official (assisted acquisitions) will call the assisting agency to determine whether the Economy Act or a specific authority applies. The Economy Act authority is the least preferred authority as it applies only in the absence of a more specific interagency acquisition authority. Economy Act MIPRs should be the exception, not the rule, because Federal agencies that offer procurement services generally have a specific authority to assist other agencies. When the servicing agency has a specific statutory authority, follow AFFARS 5317.78.

(b) Coordinated Acquisitions prescribed in DFARS 208.70 and Project Orders (41 U.S.C. 23) are examples of orders that do not fall under the Economy Act. Project orders are authorized for use when one Government agency wishes to procure a supply or service from another Government agency. Volume 11A, Chapter 2 of Department of Defense (DOD) 7000.14-R, governs the use of project orders within the DOD. There are several conditions for use of the project order, including the requirements that the servicing agency must be capable, be authorized, and produce the item or perform the service in-house. Only an incidental portion of a project order may be contracted out by the servicing agency.

(c) Contracting Review for orders placed using a DD Form 448 (MIPR): Air Force activities usually obtain supplies/services under the authority of the Economy Act using a DD Form 448 (MIPR) to identify and fund the requirement). The supporting contracting office will review Economy Act MIPRs for compliance when received in ABSS. Contracting offices will not accept or review manually created MIPRs.

(d) The following procedures should be considered when orders are placed with the Air Force as a servicing agency under the Economy Act:

(1) The Air Force is not required to accept the requesting agency’s order, if accepting the order will prevent the Air Force from fulfilling its mission or the requesting agency fails to provide appropriate supporting information, funding, and evidence of an appropriate level of requesting agency approval;

(2) The Air Force should process the order in accordance with normal internal policies and procedures for similar contract actions. This includes complying with the Competition in Contracting Act;

(3) The Air Force contracting officer should execute and issue all Determination and Findings (D&Fs) or Justification & Approvals (J&As) required by Air Force regulations to place the order on contract, just as if the requirement was generated by an Air Force activity; and

(4) Before allowing a non-sponsoring agency to use a Federally Funded Research and Development Center (FFRDC), the Air Force should ensure that the work falls within the purpose, mission, general scope of effort, or special competency of the FFRDC. (See FAR 17.504(e) and FAR 35.017; also see FAR 6.302 for procedures to follow when using other than full and open competition.) If the order does not conform to these requirements, the Air Force may not place the order with the FFRDC. The order also may not be placed with the FFRDC if the sponsoring agreement does not permit work from other than the sponsoring agency.

MP 5317.503 Determinations and Findings Requirements.

(e) A D&F is always required for Economy Act MIPRs going outside of the DoD. In accordance with DODI 4000.19, Inter-service and Intra-governmental Support, paragraph 4.4, the head of the major organizational unit ordering the support must approve D&Fs for support from non-DOD agencies. This authority may be delegated, although designees must be Senior Executive Service (SES) or General Officers. If the servicing agency is not covered by the Federal Acquisition Regulation, approval of the D & F may not be delegated below the Air Force Senior Procurement Executive, SAF/AQ.

DETERMINATION AND FINDING
ON
INTERAGENCY ACQUISITION UNDER THE ECONOMY ACT

MIPR or Purchase Request #______________________________

1. I have reviewed the requirement for (insert description of supply or service to be procured) that (insert Air Force requiring activity) intends to place with (insert agency) as an order under the Economy Act. My review produced the following findings:

(a) The servicing agency has confirmed it does not have a specific statutory authority to fill this request. The servicing agency has agreed to accept the request under the authority of the Economy Act;

(b) The supplies or services cannot be obtained as conveniently or economically by contracting directly with a private source;

(c) The action does not conflict with any other agency's authority or responsibility (see FAR Part 8);

(To show which circumstances apply, insert at least one of the three statements below for Economy Act orders that require contract action by the servicing agency.)

(d) The acquisition will appropriately be made under an existing contract of the servicing agency, entered into before placement of the order, to meet the requirements of the servicing agency for the same or similar supplies or services;

(d) The servicing agency has capabilities or expertise to enter into a contract for such supplies or services which is not available within the requesting agency;

(d) The servicing agency is specifically required by law or regulation to purchase such supplies or services on behalf of other agencies.

(Insert the following if the work will be performed by a Federally Funded Research and Development Center)

(e) The work will be performed by a Federally Funded Research and Development Center (FFRDC). Performance by the FFRDC will not place the servicing agency and the FFRDC in direct competition with private sources;

(Insert the following if the work was previously performed by Government personnel and will now be performed by a contractor under a servicing agency’s contract, or if the work was previously performed under a contract and will now be performed in house by the assisting agency. )

(f) The requiring activity has complied with the requirements of FAR 7.3, Contractor Versus Government Performance.

2. Given the findings outlined above, I hereby determine that it is in the best interest of the Government to place an order for (insert requirement) with (insert agency) under the authority of the Economy Act

______________________________
Requiring Activity General Officer/SES Signature Block

IG5317.504
Ordering Procedures

31 May 2007

(b) (6) Complete contract administration requirements and contract audit responsibilities appropriate for the type of contract and scope of work on all orders placed outside of the DOD;

(7) If it is necessary for the servicing agency to award a contract or modify an existing contract to accommodate the Air Force’s order, the Air Force requiring activity should supply all supporting data necessary to prepare the required contract documentation; and

(8) The Air Force requiring activity should also provide special contract terms or other requirements applicable to Air Force funds. This includes information such as special funds tracking and reporting requirements, additional contract administration requirements, special delivery or packaging instructions, a copy of the executed determination, and any other supporting documents.

(d) (1) The requiring activity should include with the Military Interdepartmental Procurement Request (MIPR) any documentation required to support the D&F. Examples include independent cost estimates and documentation of urgency of need. Copies of the documentation should be retained with the requiring activity’s file copy of the MIPR and provided to the servicing agency upon request.

IX

MP5317.78 Update requires the contracting officer to sign the required D&F for direct acquisitions of services, clarifies that the program manager must sign the D&F, and consolidates repetitive instructions

Mandatory Procedure

MP5317.78

Special Contracting Methods

MAY 2007

MP5317.78 Proper Use of Interagency Acquisitions (Non-DOD Contracts)

(a) Applicability and Definitions:

(1) These procedures apply to the use of non-DOD contract vehicles for all acquisitions of supplies or services other than procurements of the following services:

(A) Printing, binding, or blank-book work to which 44 U.S.C. 502 applies: and

(B) Services available under programs pursuant to 2 U.S.C. 182c (section 103 of the Library of Congress Fiscal Operations Improvement Act of 2000 (Public Law 106-481)).

(2) Interagency acquisitions may not be used to violate provisions of law, nor may they be used to circumvent conditions and limitations imposed on the use of funds. For example, MIPRs may not be used to extend the period of availability of the cited funds.

(3) Interagency acquisition – An acquisition in which an Air Force activity obtains supplies/services from an agency outside the DOD.

(A) Direct Acquisition - a task or delivery order placed by an Air Force contracting officer against a contract vehicle established by a Federal activity that is not part of DOD.

(B) Assisted Acquisition - a contract awarded or task or delivery order placed on behalf of DOD by an official of the United States outside DOD usually using a DD Form 448 (MIPR) to order and fund the requirement.

(b) Contracting Review for Assisted Acquisitions: The supporting contracting office will review interagency acquisition packages for compliance when received in ABSS. Contracting offices will not accept or review manually created MIPRs.

(c) Determination and Finding (D&F) Requirements

(1) In accordance with DFARS 217.7802, Policy, when the amount of the order exceeds the simplified acquisition threshold, the order must be approved on a D&F.

(2) For acquisition of services, the Services Designated Official (SDO) must approve the D&F before the MIPR is sent to the non-DoD agency.

(3) For acquisition of supplies, the program/project manager for the acquisition must justify a non-DoD acquisition and sign the D&F. For direct acquisitions, the contracting officer must also sign the D&F.

(4) The Air Force Requiring Activity must retain the D&F with other MIPR documentation. The documentation supporting the D&F must justify the requirements below:

Sample

DETERMINATION & FINDINGS FOR INTERAGENCY ACQUISITIONS
(Applicable for assisted and direct acquisitions when value exceeds $100K)

1. I have reviewed the requirement for (insert description of supply or service to be procured) that (insert Air Force requiring activity) intends to place with (insert agency) as an interagency acquisition. My review produced the following findings:

a. Use of a non-DOD contract is in the best interest of the Air Force considering the factors of satisfying customer requirements, cost effectiveness and price, delivery schedule, non-availability of a suitable contract within DOD, contract administration, small business opportunities and any other factors as applicable.

b. The (supplies/services) to be provided are within the scope of the contract to be used. (Coordinate with the non-DOD Contracting Officer to verify the requirement is within the scope of the assisting agency’s selected contract.)

c. Funding appropriation is legal and proper for the acquisition and used in accordance with any appropriation limitations. (FMA will validate that the funds are appropriate for the acquisition.)

d. Terms, conditions and requirements unique to DOD or the Air Force are included in the acquisition package for the assisting agency to incorporate into the resultant order or contract to comply with applicable statues, regulations and directives (e.g. the requirement that the items listed in DFARS 225.7002-1 and procured with DOD funds be of domestic origin, unique identification requirements, etc.).

2. Given the findings outlined above, I hereby determine that it is in the best interest of the Government to place an order for (insert requirement) with (insert agency).

_______________________ ________________________________
Program/Project Manager Services Designated Official
Signature Block Signature Block

_______________________________
AF Contracting Officer
Signature Block
(Direct acquisitions only)