AFAC

AIR FORCE ACQUISITION CIRCULAR (AFAC) 2009-0803
3 AUGUST 2009

FOR ADDITIONAL INFORMATION CONTACT:
SAF/AQCP, 1060 Air Force Pentagon, Washington, DC 20330-1060 (703) 588-7071

SUMMARY OF CHANGES

I

5303.10 (New): Incorporates requirements for handling any notification of possible contractor violation.

II

MP5306.304 and IG5306: Incorporates requirements for J&A actions exceeding $78.5M to be coordinated with DAS(C) or ADAS(C).

III

IG5307.104-92: Revises contents of acquisition planning documentation to consider market research results and 8(a) when addressing competition requirements.

IV

5307.105: Incorporates referral to the approval and documentation requirements in 5319.803 when selecting acquisitions for the 8(a) program anticipated to exceed $5.5M.

V

5309.406-3(a): Adds notification requirements when receiving information relating to debarment.

VI

MP5315.407-90: Revises the Mandatory Procedure to change MAJCOM Director of Contracting responsibilities to Senior Contracting Official responsibilities and updates references to DoDI 7640.02.

VII

5317.500 and 5317.503: Revises the Mandatory Procedure reference to MP5317.5 Interagency Acquisitions Under the Economy Act.

VIII

5317.504: Deletes reference to Informational Guidance IG5317.504 because the requirement for Ordering Procedures is captured in Mandatory Procedure MP5317.5 Interagency Acquisitions Under the Economy Act. Adds reference to MP5317.5 Interagency Acquisitions Under the Economy Act.

IX

MP5317.5: Revises the Mandatory Procedure based on the requirements of AFI65-116, Air Force Purchases Using Military Interdepartmental Purchase Requests (MIPRs).

X

IG5317.504 (Deleted): Deletes Informational Guidance. Ordering procedure information captured in MP5317.5

XI

5317.7802-1: Incorporates referral to AFI65-116, Air Force Purchases Using Military Interdepartmental Purchase Requests (MIPRs) and revises the Mandatory Procedure reference to MP5317.78 Contracts or Delivery Orders Issued by a Non-DoD Agency.

XII

MP5317.78: Revises mandatory procedure for Direct and Assisted Acquisitions requirements conducted under AFFARS 5317.78 Contracts or Delivery Orders Issued by a Non-DoD Agency (formerly titled “Special Contracting Methods”).

XIII

5319.803: Incorporates requirements for selecting acquisitions for the 8(a) program.

XIV

5330.201-5: Incorporates the delegation of CAS waiver authority from SAF/AQ to DAS(C) and ADAS(C) and requirements for submission of CAS waiver requests.

XV

MP5330.201-5: Incorporates requirements for submission of CAS waiver requests.

I

5303.10 (New): Incorporates requirements for handling any notification of possible contractor violation.

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SUBPART 5303.7 — VOIDING AND RESCINDING CONTRACTS

5303.705 Procedures.

Follow the Mandatory Procedures at MP5303.705 for reporting requirements.

SUBPART 5303.10 – CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT

5303.1003 Requirements.

(b)(2)(i) Upon Receipt of the required disclosure or any notification, contracting officers, working with legal counsel, must ensure that appropriate steps are taken to preserve remedies available to the government. Contracting Officers also must consider how the disclosed information may impact pending contract actions in terms of the contractor’s present responsibility, and/or the contractor’s past performance. The contracting officer shall promptly provide a copy of any disclosure or notification received to SAF/GCR using the procedures at 5309.406-3.

(b)(2)(ii) The government must safeguard and treat the information obtained pursuant to a contractor’s disclosure or notification as confidential where the information has been marked as “confidential” or “proprietary” by the company. Even if the information is not marked, the contracting officer should not publicly disclose the information without prior notification to the contractor.

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II

MP5306.304 and IG5306: Incorporates requirements for J&A actions exceeding $78.5M to be coordinated with DAS(C) or ADAS(C).

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Mandatory Procedure

MP5306.304
Other Than Full and Open Competition

[Revised August 3, 2009]

MP5306.304 Approval for the Justification

(a)(1) The Chief of the Contracting Office will approve J&A’s not exceeding $550K. This authority may be delegated to the contracting officer, consistent with the warrant level of the contracting officer.

(a)(2) J&As for proposed contract actions over $550K but not exceeding $11.5M will be approved by the competition advocate except as follows:

(ii) AFSPC: For all organizations other than SMC, HQ AFSPC SCO is the approval authority.

(a)(3) J&As for actions over $11.5M but not exceeding $78.5M will be approved by the head of the procuring activity or designee, except as follows:

(i) ACC: For AIA Special Access Programs, the AIA Commander will approve the J&A.

(ii) For PEO programs and acquisitions, the PEO, or their designated alternate is the J&A approval authority.

(iii) If a PEO, head of a procuring activity, or their designated alternate(s) does not meet the criteria for FAR 6.304(a)(3), the J&A approval authority is the Senior Procurement Executive (SPE).

(a)(4) J&As for actions exceeding $78.5M will be coordinated with the Deputy Assistant Secretary (Contracting) (DAS(C)) or the Assistant Deputy Assistant Secretary (Contracting) (ADAS(C) and approved by the Senior Procurement Executive (SPE)(ASAF(A)). The contracting officer should submit justifications requiring approval by the SPE to SAF/AQCK. Allow 30 days for staffing and SPE approval after receipt by SAF/AQCK. The HCA or an HCA-designated official may authorize solicitation release after the justification is reviewed for adequacy and forwarded to SAF/AQCK. Questions or concerns with regard to processing a J&A for SPE approval should be referred to SAF/AQCK. For additional solicitation release requirements, see AFFARS 5307.104(iv).

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See Informational Guidance IG5306 Other Than Full and Open Competition Justification and Approval.

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III

IG5307.104-92: Revises contents of acquisition planning documentation to consider market research results and 8(a) when addressing competition requirements.

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IG5307.104-92
Acquisition Planning Documentation Guidance for “Other Contracting”

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C. Competition: Discuss extent of competition in past solicitations, market research results, consideration of small business, HUBZone small business, small disadvantaged business, 8(a), service-disabled veteran-owned small business, and woman owned business. Also explain how full and open competition will be obtained, promoted, and sustained throughout the course of the acquisition, the comparative benefits of awarding a new contract versus placing an order under an existing contract, or the J&A authority and rationale for it if full and open competition is not contemplated. If using a non -traditional pricing arrangement (i.e., using coefficients in other than SABER), fully explain the rationale for the selection of the strategy and any anticipated impact on competition.

D. Contracting Considerations or Incentives: Provide a draft of any special clauses/ provisions/deviations required, provide a draft of any incentives to be used and discuss any other contracting considerations.

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IV

5307.105: Incorporates referral to the approval and documentation requirements in 5319.803 when selecting acquisitions for the 8(a) program anticipated to exceed $5.5M.

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5307.105 Contents of Written Acquisition Plans

Acquisition plans must address whether foreign contractors can be permitted to participate at the prime contractor level in any or all contracts involved in the acquisition.

(a)(4) Capability or Performance. For services acquisitions, the acquisition plan shall:

(i) address the Performance-Based Services Acquisitions (PBSA) principles at AFI 63-124, paragraph 1.4, or

(ii) refer to the non-PBSA SDO approval IAW 5337.170-3.

(13) Logistics Considerations. (S-90) Ensure anti-terrorism/force protection issues are considered as required by AFI 10-245, Air Force Anti-terrorism (AT) Standards. Consult with the local anti-terrorism officer (ATO) as necessary. Describe the extent of integrated logistics support planning to date, including references to approved plans.

(b) See Informational Guidance at IG5307.104-92 for Other Contracting AP content.

(c) When selecting acquisitions anticipated to exceed $5.5M for the 8(a) program, refer to the approval and documentation requirements in 5319.803.

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V

5309.406-3(a): Adds notification requirements when receiving information relating to debarment.

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SUBPART 5309.4 — DEBARMENT, SUSPENSION, AND INELIGIBILITY

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5309.406 Debarment. (No Text)

5309.406-3 Procedures.

(a) Investigation and referral.

(1) Any non-responsibility determination.

(2) Any indictment, conviction, or civil judgment (including those listed on required certifications, or those disclosed in accordance with FAR 3.1003 or 52.203-13) relating to an offeror’s or contractor’s lack of integrity or business honesty, regardless of whether the indictment, conviction, or civil judgment related to a government contract.

(3) Any recommended termination for default.

(4) Any recommendation for debarment or suspension. The contracting officer shall also notify the cognizant legal office of any recommendation for debarment or suspension.

(5) Any debarred or suspended contractor who bids on a Government contract (including those who indicate debarment or suspension on required certifications).

(b) Decision-making process.

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VI

MP5315.407-90: Revises the Mandatory Procedure to change MAJCOM Director of Contracting responsibilities to Senior Contracting Official responsibilities and updates references to DoDI 7640.02.

See Mandatory Procedure MP5315.407-90, Contract Audit Follow-up (CAFU).

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VII

5317.500 and 5317.503: Revises the Mandatory Procedure reference to MP5317.5 Interagency Acquisitions Under the Economy Act.

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SUBPART 5317.5 — INTERAGENCY ACQUISITIONS UNDER THE ECONOMY ACT

5317.500 Scope of Subpart.

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

5317.503 Determinations and Findings (D&F) Requirements.

See the Mandatory Procedure at MP5317.503 for D&F requirements.

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VIII

5317.504: Deletes reference to Informational Guidance IG5317.504 because the requirement for Ordering Procedures is captured in Mandatory Procedure MP5317.5 Interagency Acquisitions Under the Economy Act. Adds reference to MP5317.5 Interagency Acquisitions Under the Economy Act.

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SUBPART 5317.5 — INTERAGENCY ACQUISITIONS UNDER THE ECONOMY ACT

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5317.504 Ordering Procedures.

See the Mandatory Procedure at MP5317.504 for supplemental ordering procedures.

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IX

MP5317.5: Revises the Mandatory Procedure based on the requirements of AFI65-116, Air Force Purchases Using Military Interdepartmental Purchase Requests (MIPRs).

See Mandatory Procedure MP5317.5 Interagency Acquisitions Under the Economy Act.

X

IG5317.504 (Deleted): Deletes Informational Guidance. Ordering procedure information captured in MP5317.5



XI

5317.7802-1: Incorporates referral to AFI65-116, Air Force Purchases Using Military Interdepartmental Purchase Requests (MIPRs) and revises the Mandatory Procedure reference to MP5317.78 Contracts or Delivery Orders Issued by a Non-DoD Agency.

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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.

5317.7802-1 Direct and Assisted Acquisitions.

See AFI65-116, Air Force Purchases Using Military Interdepartmental Purchase Requests (MIPRs) and the Mandatory Procedures at MP5317.78, Contracts or Delivery Orders Issued by a Non-DoD Agency , for procedures for reviewing and approving orders placed for supplies and services under non-DoD contracts, either through direct or assisted acquisition.

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XII

MP5317.78: Revises mandatory procedure for Direct and Assisted Acquisitions requirements conducted under AFFARS 5317.78 Contracts or Delivery Orders Issued by a Non-DoD Agency (formerly titled “Special Contracting Methods”).


See Mandatory Procedure MP5317.78 Contracts or Delivery Order Issued by a Non-DoD Agency.

XIII

5319.803: Incorporates requirements for selecting acquisitions for the 8(a) program.

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SUBPART 5319.8 CONTRACTING WITH THE SMALL BUSINESS ADMINISTRATION [THE 8(A) PROGRAM]

5319.803 Selecting Acquisitions for the 8(a) Program

(d) When the acquisition is anticipated to exceed $5.5M, the acquisition plan approval authority will make a determination that the requirement is appropriate for the 8(a) program consistent with FAR Part 19 before it is offered to the SBA under the 8(a) program. The determination may be documented in the acquisition plan or in a separate document approved by the acquisition plan approval authority. If determination is approved separately, it must be noted in the acquisition plan.

5319.810 Small Business Administration (SBA) Appeals to the Agency Head - The 8(a) Program.

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XIV

5330.201-5: Incorporates the delegation of CAS waiver authority from SAF/AQ to DAS(C) and ADAS(C) and requirements for submission of CAS waiver requests.

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PART 5330
Cost Accounting Standards Administration

[Revised August 3, 2009]

5330.201-5 Waivers

(a)(2) CAS waiver authority is delegated from Assistant Secretary of the Air Force (Acquisition) to the Deputy Assistant Secretary (Contracting) and the Associate Deputy Assistant Secretary (Contracting). MAJCOMs and DRUs shall submit CAS waiver request as detailed in the Mandatory Procedures at MP5330.201-5.

(e)(i) MAJCOMs and DRUs shall submit an annual report for all Cost Accounting Standards waivers as detailed in MP5330.201-5.

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XV

MP5330.201-5: Incorporates requirements for submission of CAS waiver requests.

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Mandatory Procedure

MP5330.201-5

Cost Accounting Standard Waiver Report

[Revised August 3, 2009]

(a)(2)(i) Submit CAS waiver requests through the Senior Contracting Official to SAF/AQCK, safaqck.workflow@pentagon.af.mil, for SAF/AQC approval and OUSD(AT&L)/DPAP coordination. Requests should reach SAF/AQCK no later than 45 days before the anticipated contract award.

(ii) Waiver requests shall include all items listed in FAR 30.201-5(c) along with a determination required by DFARS 230.201-5(a)(1)(A)(2).

(e) Annual Reporting Requirements. In order to fulfill the requirement for DoD to submit an annual report to Congress and the CAS Board, MAJCOM/DRU Senior Contracting Officials (SCO) shall annually identify and report CAS waivers for any contract, subcontract, or modification from the previous fiscal year expected to have a value of $15,000,000 or more. For all CAS waivers meeting this threshold, submit the information as required by DFARS PGI 230.201-5(e) no later than 15 October each year. If no waivers meeting the threshold were granted during the previous fiscal year, submit a negative report no later than 15 October each year. Submit the report to HQ AFMC/PKPB, the designated Air Force focal point for consolidation of the reports. HQ AFMC/PKPB shall consolidate all of the MAJCOM and DRU reports and submit a final report to SAF/AQCP no later than 8 November each year. SAF/AQCP shall submit the report to the Director, Defense Procurement and Acquisition Policy (DPAP), ATTN: DPAP/CPF no later than 30 November each year.

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