AFAC

Air Force Acquisition Circular (AFAC) 2010-1027
October 27, 2010

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

SUMMARY OF CHANGES

I

5301.9001(f) and MP5301.9001(f): Business Clearance Approval by the DAS(C) (implements SAF/AQ Memo dated June 23, 2010)

II

5317.7402, , 5343.2, MP5317.74, and MP5343.204-70: Management and Oversight of Unpriced Change Orders (implements final rule for DFARS Case 2008-D034 effective Aug 10, 2010)

III

MP5301.9001(b): Clearance – Multi-Functional Independent Review (provides Annual MIRT Assessment Template)

IV

Appendix CC and MPCC-302(a): AFFARS changes due to inflation adjustment of acquisition-related thresholds, effective October 1, 2010 (FAR Case 2008-024, Final Rule and DFARS Case 2009-D003, Final Rule)

Note: “*****” below indicates that text is omitted for the purpose of brevity.

I

5301.9001 and MP5301.9001(f): Business Clearance Approval by the DAS(C) (implements SAF/AQ Memo dated June 23, 2010)

PART 5301
FEDERAL ACQUISITION REGULATIONS SYSTEM

[Revised October 27, 2010]

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5301.9001 Policy, Thresholds, and Approvals

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(f) Contract actions meeting the contract value thresholds set below shall not be awarded without obtaining the required business and contract clearance approval(s). Clearance approval authority may not be delegated, however unit specific assignments pursuant to subparagraph (3)(i) are authorized.

(i) The DAS(C) or ADAS(C) are the business clearance approval authorities for all ACAT I contract actions $250M and above; and any other contract action identified as special interest by the DAS(C) or ADAS(C) regardless of dollar amount, program designation, or contracting activity. The procedures in MP5301.9001(f) must be followed for business clearance at the DAS(C) or ADAS(C). Contract clearance approval authority will be in accordance with paragraphs (2), (3), and (4) below.

(ii) The DAS(C) at his or her discretion, may assume the clearance approval authority for competitive services acquisitions $1B and above. Request for confirmation of the clearance approval authority for these programs shall be submitted to SAF/AQCK, safaqck.workflow@pentagon.af.mil, 10 working days prior to convening the acquisition strategy panel (ASP) or staffing of the acquisition plan (AP).

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(2) For PEO programs supported by SMC, PEO and DAO programs supported by AFMC and for AFMC and SMC Other Contracting (excluding Operational)

Contract Value*

Clearance Approval Authority

ACAT I > $250M

DAS(C) and ADAS(C)) for Business Clearance Only (see paragraph (f)(1)(i) above)

>$50M

SCCO

$25M - $50M

One level below the SCCO (e.g., Chief of Contracting for the Directorate for AFMC, Chief of the Contracting Office (COCO) for SMC)

$5M - <$25M

Two levels below the SCCO (e.g., Chief of Contracting Division for AFMC, or Deputy COCO for SMC)

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(3) For Operational Contracting (excluding AFRC)

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(4) For AFRC

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(5) If the SCCO is a SSA, the clearance approving officials for those acquisitions will be their SCO or deputy. When the SCO or their deputy is the SSA, the clearance official for those acquisitions is ADAS(C). Clearance requests shall be sent through SAF/AQCK.

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MP5301.9001(f)
Business Clearance Approval by the DAS(C)

October 27, 2010

1. General

a. Center-level contracting and program representatives shall expect to present the business clearance briefing to the DAS(C) or ADAS(C).

b. For the Business Clearance briefing, Centers may use the MAJCOM or Center Business Clearance chart template that is already in use.

c. A review of official contract files will not be performed as part of the DAS(C) or ADAS(C) Business Clearance approval process. The review of the official contract files will be performed in accordance with current local procedures.

d. The DAS(C) or ADAS(C) must approve any changes to the pre-set negotiation range and parameters approved at the business clearance.

2. Business Clearance Approval Requests for Non-Competitive Contract Actions

a. No later than 30 days prior to the desired date of the business clearance briefing to the DAS(C) or ADAS(C), the SCO or SCCO shall request clearance from AQCK through the SAF/AQCK Workflow e-mail at safaqck.workflow@pentagon.af.mil. The request shall include as a minimum, the following information:

(1) A brief description of the contract action;
(2) The desired date of business clearance approval;
(3) The estimated dollar amount; and
(4) Point of contact for the assigned AQCK action officer to contact.

b. The assigned SAF/AQCK action officer may request from the PCO the following documents in advance of the briefing to DAS(C): Justification and Approval, Acquisition Strategy Plan, Life Cycle Management Plan, Award Fee or Incentive Fee Plans, Preliminary Price Negotiation Memoranda, and any other documents that are determined to be required.

3. Business Clearance for Competitive Actions

a. For Competitive actions that meet the criteria for DAS(C) or ADAS(C) business clearance approval, the SCO or SCCO will request that the Multi-Functional Independent Review Team (MIRT) include a member from SAF/AQC. Submit requests for MIRT member to AQCP FST at aqcp.workflow@pentagon.af.mil.

b. No later than 30 days prior to the desired date of the business clearance briefing to the DAS(C) or ADAS(C), the SCO or SCCO shall request clearance from AQCK through the SAF/AQCK Workflow e-mail at safaqck.workflow@pentagon.af.mil. The request shall include as a minimum, the following information:

(1) A brief description of the contract action;
(2) The desired date of business clearance approval;
(3) The estimated dollar amount; and
(4) Point of contact for the assigned AQCK action officer to contact.

c. The assigned SAF/AQCK action officer may identify documents to be provided by the contracting officer in advance of the briefing to the DAS(C) or ADAS(C) such as the Source Selection Plan, Acquisition Strategy Plan, and any other documents that are determined to be required.

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II

5317.7402, , 5343.2, MP5317.74, and MP5343.204-70: Management and Oversight of Unpriced Change Orders (implements final rule for DFARS Case 2008-D034 effective Aug 10, 2010)

PART 5317
Special Contracting Methods

[Revised October 27, 2010]

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SUBPART 5317.74 — UNDEFINITIZED CONTRACT ACTIONS

5317.7402 Exceptions

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(b) See MP5317.74 for notification requirements.

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PART 5343
Contract Modifications

[Revised October 27, 2010]

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SUBPART 5343.2 — CHANGE ORDERS

5343.204-70-1(b) Definitization of Change Orders

See MP5343.204-70 for notification requirements.

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MP5317.74
Undefinitized Contract Actions

Revised October 27, 2010

MP5317.7402 (S-90) Exceptions

To comply with the requirements described in DFARS 217.7402, SCOs or the SCCOs at ASC, ESC, AAC, and SMC shall provide notification to SAF/AQCK, safaqck.workflow@pentagon.af.mil, 30 days prior to the issuance of any UCA for a foreign military sale or Congressionally mandated long-lead procurement contract that does not adhere to the policies and procedures described in DFARS 217.74. The notification shall include detailed rationale to support the determination. Any applicable special access program action shall be forwarded, through secure program channels, to SAF/AQCS, who will coordinate the notification through SAF/AQC.

MP5317.7404-3(S-91) Definitization Schedule

(a) (i) Undefinitized Contract Actions (UCA) approval authorities shall establish procedures for field offices to track all UCAs as defined in DFARS 217.7401(d) and DFARS 217.7402, to the maximum extent practicable.

(ii) The UCA approval authority must report to SAF/AQCK, safaqck.workflow@pentagon.af.mil, within 3 business days any UCA not definitized within 180 days of issuance of the UCA. The report shall be submitted in the UCA Report format described in DFARS PGI 217.7405(2)(ii). The report shall also include detailed rationale as to why the UCA was not defnitized within the allotted timeframe (i.e., program requirements, receipt of qualifying proposal, audits, etc.), impacts to the program, and a revised estimated date of UCA definitization with a milestone schedule. Monthly updates to the report are required until the action is definitized.

(b) Contracting officers shall document the contract file with the justification for the delay and the revised definitization milestone schedule.

MP5317.7405(b)(S-92) Plans and Reports

To comply with the semi-annual UCA reporting requirements described in DFARS 217.7405, SAF/AQCK will request all SCOs to submit their semi-annual UCA Management Reports for UCAs with an estimated value of more than $5M in the format described in DFARS PGI 217.7405(2)(ii) to SAF/AQCK, safaqck.workflow@pentagon.af.mil. SAF/AQCK will consolidate the UCA Reports and submit the consolidated report to OUSD(AT&L), Director, Defense Procurement and Acquisition Policy no later than April 30 and October 31 of each year.

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MP5343.204-70
Definitization of Change Orders

October 27, 2010

MP5343.204-70-1(b) (S-90) Scope

To comply with the requirements described in DFARS 243.204-70-1, SCOs or the SCCOs at ASC, ESC, AAC, and SMC shall provide notification to SAF/AQCK, safaqck.workflow@pentagon.af.mil, 30 days prior to the issuance of an unpriced change order for a foreign military sale that does not adhere to the policies and procedures described in DFARS 243.204-70. The notification shall include detailed rationale to support the determination. Any applicable special access program action shall be forwarded, through secure program channels, to SAF/AQCS, who will coordinate the notification through SAF/AQC.

MP5343.204-70-3 (S-91) Definitization Schedule

(a) (i) SCOs shall establish procedures for field offices to track all unpriced change orders as defined in DFARS 243.204-70-1.

(ii) The SCOs must report to SAF/AQCK, safaqck.workflow@pentagon.af.mil, within 3 business days any unpriced change order not definitized within 180 days of issuance of the unpriced change order. The report shall be submitted in the UCA Report format described in DFARS PGI 217.7405(2)(ii). The report shall also include detailed rationale as to why the unpriced change order was not definitized within the allotted timeframe (i.e., program requirements, receipt of qualifying proposal, audits, etc.), impacts to the program, and a revised estimated date of definitization with a milestone schedule. Monthly updates to the report are required until the action is definitized.

(b) Contracting officers shall document the contract file with the justification for the delay and the revised definitization milestone schedule.

MP5343.204-70-7 (S-92) Plans and Reports

To comply with the semi-annual unpriced change orders reporting requirement described in DFARS 243.204-70-7, SAF/AQCK will request all SCOs to submit their semi-annual UCA Management Reports for unpriced change orders with an estimated value of more than $5M in the format described in DFARS PGI 217.7405(2)(ii) to SAF/AQCK, safaqck.workflow@pentagon.af.mil. SAF/AQCK will consolidate the UCA Reports and submit the consolidated report to OUSD (AT&L), Director, Defense Procurement and Acquisition Policy no later than April 30 and October 31 of each year.

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III

MP5301.9001(b): Clearance – Multi-Functional Independent Review (provides Annual MIRT Assessment Template)

MP5301.9001(b)
Clearance – Multi-Functional Independent Review

Revised October 27, 2010

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6. Annual Assessment. The CAA will provide an assessment of its multi-functional independent review process. Each MAJCOM will submit a report to SAF/AQCP (safaqcp.workflow@pentagon.af.mil) by 1 December of each year beginning in 2009. Use the Annual MIRT Assessment Template to submit the report.

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Note 4: Applicable to Life Cycle Management Plan (LCMP), Acquisition Plan, and other similar documentation.

IV

Appendix CC and MPCC-302(a): AFFARS changes due to inflation adjustment of acquisition-related thresholds, effective October 1, 2010 (FAR Case 2008-024, Final Rule and DFARS Case 2009-D003, Final Rule)

APPENDIX CC
Contingency Operational Contracting Support

[Revised October 27, 2010]

PART CC-1 — GENERAL

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Simplified Acquisition Procedures (SAP): authorized streamlined purchasing methods prescribed in FAR Part13 used to expedite purchasing support to the warfighter. SAPs are authorized for construction up to the SAT and commercial commodities and services up to $12 million (See FAR 13.500(a)).

Simplified Acquisition Threshold (SAT): $150,000, except that for acquisitions of supplies or services that, as determined by the head of the agency, are to be used to support a contingency operation or to facilitate defense against or recovery from nuclear, biological, chemical, or radiological attack (Pub. L. 108-136, Title XIV, Sec 1443), the term means--

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PART CC-5 — CONTRACTING SUPPORT FOR CONTINGENCY OPERATIONS

CC-501 Expedited Contracting Procedures in Contingency Operations

(a) For most critical steps in the contracting process, the acquisition tools in FAR, DFARS, and AFFARS provide flexibility to permit expedited contracting actions to satisfy urgent and compelling requirements. However, such circumstances do not provide blanket waivers of regulatory requirements, nor do they eliminate the need to maintain required controls and documentation. Examples of existing authorities to expedite contracting actions can be found in FAR Part 18 and DFARS Part 18. They include:

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MPCC-302(a)
Deployment/Mobility Kits

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Formats

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Formats

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