AFAC

Air Force Acquisition Circular (AFAC) 2011-0714
July 14, 2011

FOR ADDITIONAL INFORMATION CONTACT:
SAF/AQCP, 1060 Air Force Pentagon, Washington, DC 20330-1060, (571) 256-2404

SUMMARY OF CHANGES

I

Foreword, 5301.170, 5306.302-2, 5309.405, 5317.191, 5317.7404, 5322.302, 5333.103, MP5303.104, MP5315.002, MP5315.403-1, MP5315.403-4, MP5315.606, MP5316.504, MP5330.201, MP5332.1, MP5332.2, MP5332.3, MP5332.4, MP5332.501-2, MP5332.6, and IG5308.7: Updates e-mail addresses for requests or notifications and associated documentation from safaqck.workflow@pentagon.af.mil to safaqc.workflow@pentagon.af.mil.

II

5301.105-1: Administrative change resulting from partial incorporation of SAF/AQC Policy Memo 10-C-15, 15 October 2010, MAJCOM Air Force Federal Acquisition Regulation Supplements (AFFARS) in AFAC 2011-0214.

III

5317.207(f) and IG5306 (J&A Template): Deletes the paragraph in the AFFARS and the reference to the paragraph in the IG, as FAR 17.207 already establishes that an option cannot be exercised unless the option was synopsized in accordance with FAR Part 5 and evaluated as part of the initial competition.

IV

5333.291(c), 5333.292(d) and MP5333.104: Updates the Mandatory Procedure for Protests to the GAO.

V

5349 and MP5349: DPAP no longer requires reporting of Terminations for Default of Cause as implemented in FAR Case 2008-016. Therefore, all terminations shall be reported via FAPIIS.

VI

MP5306.502: Updates the Mandatory Procedure for the Air Force Competition and Commercial Advocacy Program.

VII

MP5315.5: Formally incorporates SAF/AQC Policy Memo 11-C-02 dated March 11, 2011 into the AFFARS.

VIII

MP5317.74 and MP5343.204-70: Updates reporting procedures using a web-based tool.

IX

IG5306: Administrative change to delete the reference to “DFARS 204.670-1” from the definition of “Other Contracting”, as DFARS 204.670-1 was deleted from DFARS.

X

IG5336.9201, Chapter 7: Formally incorporates SAF/AQC Memo entitled “Monitoring Contractor Performance – Construction” dated April 1, 2011.

I

Foreword, 5301.170, 5306.302-2, 5309.405, 5317.191, 5317.7404, 5322.302, 5333.103, MP5303.104, MP5315.002, MP5315.403-1, MP5315.403-4, MP5315.606, MP5316.504, MP5330.201, MP5332.1, MP5332.2, MP5332.3, MP5332.4, MP5332.501-2, MP5332.6, and IG5308.7: Updates e-mail addresses for requests or notifications and associated documentation from safaqck.workflow@pentagon.af.mil to safaqc.workflow@pentagon.af.mil.

FOREWORD

[2002 Edition]

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There are requirements to obtain approvals from and provide notifications to the Deputy Assistant Secretary (Contracting), SAF/AQC, or higher throughout the AFFARS. In these circumstances, unless otherwise stated, send all requests or notifications and associated documentation to SAF/AQC Workflow (SAFAQC.Workflow@pentagon.af.mil) for disposition by SAF/AQCK or SAF/AQCA, as appropriate. Advance notice of pending actions and submission of draft requests/documentation is highly encouraged. Electronic submission, with a facsimile copy of signature pages, is preferred in order to expedite processing.

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PART 5301
FEDERAL ACQUISITION REGULATIONS SYSTEM

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5301.170 Peer Reviews

(a)(1)(iii) The Contracting Officer shall provide a copy of the memorandum provided to Deputy Director, Defense Procurement and Acquisition Policy (Contract Policy and International Contracting) in accordance with DFARS PGI 201.170-4(f) to SAF/AQC, safaqc.workflow@pentagon.af.mil.

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PART 5306
Competition Requirements

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5306.302-2 Unusual and Compelling Urgency

(c)(1) Contracting Officers shall notify SAF/AQC, safaqc.workflow@pentagon.af.mil, as soon as practicable when contemplating the use of this authority for J&As requiring SPE approval.

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PART 5309
Contractor Qualifications

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5309.405 Effect of Listing

(a) The contracting officer shall submit a request for a compelling reason exception through command contracting channels to SAF/AQC, safaqc.workflow@pentagon.af.mil, with a copy to SAF/GCR. The request shall include a description of efforts taken to establish alternate sources and the impact if the exception is not granted. SAF/AQC will forward the approved exceptions to GSA.

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PART 5317
Special Contracting Methods

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5317.191 Congressional Notification

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(a) The contracting officer shall submit reports of intent to award a multi-year contract which exceeds any of the thresholds established in DFARS 217.170(d)(1) to SAF/AQC, safaqc.workflow@pentagon.af.mil, 40 days before the planned contract award date, with an information copy to SAF/FMBI. SAF/AQC will notify the DoD offices listed in DFARS 217.170(d)(4).

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5317.7404-5 Exceptions

(b) The authority to grant waivers to the limitations set out in DFARS 217.7404-2, 217.7404-3, and 217.7404-4 pursuant to DFARS 217.7404-5 (b) is wholly retained by the DAS(C) or ADAS(C). Requests for waivers of these limitations shall be submitted to SAF/AQC at safaqc.workflow@pentagon.af.mil with appropriate justification for consideration.

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PART 5322
Application of Labor Laws to Government Acquisitions

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5322.302 Liquidated Damages and Overtime Pay

The Regional Labor Advisors are the agency officials responsible for acting on appeals in accordance with DFARS 222.302(2). The Chief of the Air Force Labor Advisors (SAF/AQCA) and the Regional Labor Advisors are authorized to take the actions at FAR 22.302(c).

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PART 5333
Protests, Disputes, and Appeals

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5333.103 Protests to the Agency

(d) No text.

(3) An agency protest is usually filed with the contracting officer. Offerors are encouraged to file at the lowest level to resolve the issues concerned. In all cases, a copy of an agency protest must be provided to the contracting officer regardless of the level at which the protest is filed. The contracting officer shall prepare the protest file following an agency protest (including a protest of a non-appropriated funds procurement) regardless of the level at which the protest is filed. The contracting officer shall request guidance from SAF/AQC, safaqc.workflow@pentagon.af.mil, for any protest likely to generate significant Congressional interest.

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MP5303
Improper Business Practices and Personal Conflicts of Interest

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MP5303.104-7 Violations or Possible Violations

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(g) HCA delegations: This HCA responsibility is retained by SAF/AQC but may be delegated on a case-by-case basis. The delegee must be of General Officer, Flag, or Senior Executive Service, or equivalent rank. Requests for delegation of this HCA responsibility must be sent to SAF/AQC, safaqc.workflow@pentagon.af.mil.

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MP5315.002
Notification for Issuance of Request for Proposals

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MP5315.002 Notification for Issuance of Request for Proposals

The Contracting Officer shall send a notice concurrent with issuance of the request for proposals announcing that a source selection or a competitive negotiation is in progress for all acquisitions that are estimated to be greater than $100M. This notice shall be forwarded to all appropriate Air Force Commands and SAF/AQC, safaqc.workflow@pentagon.af.mil for HAF notification. The notice shall identify:

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MP5315.403-1
Prohibition on Obtaining Cost or Pricing Data

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(4) Waivers

(A) Request for waiver of the cost or pricing data requirement shall be submitted through the MAJCOM/DRU and AFISRA SCO to SAF/AQC, safaqc.workflow@pentagon.af.mil, for HCA approval. SAF/AQC will ensure waiver requests in excess of $100 million are coordinated with the senior procurement executive prior to the HCA granting the waiver.

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(5) Additional Reporting Requirements.

(A) Signed TINA Waivers. SAF/AQC, safaqc.workflow@pentagon.af.mil, shall submit a copy of all signed TINA waivers to SAF/AQCP and HQ AFMC/PKQI within 30 days of signature by the HCA. Copies of the signed waivers may be submitted via email to safaqcp.workflow@pentagon.af.mil and AFMC/PK workflow. Waiver packages should include all supporting documentation explaining how the action met the three criteria for a TINA waiver must accompany the signed document. This requirement applies to all actions at or above the cost or pricing data threshold identified in FAR 15.403-4(a)(1).

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MP5315.403-4
Requiring Cost or Pricing Data

(a)(2)(i) The contracting officer must obtain approval from the HCA to obtain cost and pricing data for acquisitions below the pertinent threshold in FAR 15.403-4(a)(1) but exceeding the simplified acquisition threshold. To request this authorization, the contracting officer shall submit a Determination and Findings (D&F) through the Senior Contracting Official to SAF/AQC, safaqc.workflow@pentagon.af.mil, for HCA signature. The D&F shall include a written finding that cost and pricing data are necessary to determine whether the price is fair and reasonable and the facts supporting that finding.

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MP5315.606
Review of Unsolicited Proposals
MP5315.606 Agency Procedures

(a) Headquarters Air Force (HAF) organizations that receive submissions from interested parties that are considered unsolicited proposals (UPs) as defined at FAR 15.6 shall forward them to SAF/AQC, safaqc.workflow@pentagon.af.mil, for disposition. SAF/AQC shall forward the submission to the proper contracting activity within the Air Force to evaluate and process the proposal.

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MP5316.504(c)(1)(ii)(D)
Limitation on Single Award Contracts

MP5316.504(c)(1)(ii)(D) Approval of Determination and Finding (D&F) for Single-Award Task or Delivery Order Contracts that Exceed $103M (including all options)

1. The contracting officer must submit all D&Fs and congressional notifications to SAF/AQC at safaqc.workflow@pentagon.af.mil. In the circumstance where a Justification and Approval (J&A) is required, the J&A package must be submitted with the D&F. In the case where the determination will be approved by the SPE (when it is necessary in the public interest to award the contract to a single source due to exceptional circumstances), in accordance with DFARS 216.504(c)(1)(ii)(D)(1), both the D&F and J&A, if applicable, will be staffed by SAF/AQC, safaqc.workflow@pentagon.af.mil, for approval by the SPE. The congressional notifications must be prepared in accordance with DFARS 216.504(c)(1)(ii)(D)(2).

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MP5330.201-5
Cost Accounting Standard Waiver Report

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

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MP5332
Contract Financing

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MP5332.1 Non-Commercial Item Purchase Financing

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(2) If the MAJCOM Contracting Staff determines an approval is required by higher authority, it shall submit a memorandum outlining the pertinent facts together with a recommendation on the action to be taken through SAF/AQC, safaqc.workflow@pentagon.af.mil, to SAF/FMPS no later than 30 days before the needed effective date of the proposed financing arrangement.

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(4) If there is an adverse development affecting a contractor receiving a bank loan guaranteed by the Air Force, progress payments, or advance payments, the contracting office shall report the adverse development, its expected impact upon continued satisfactory performance under the contract, remedial actions taken to date (if any), and any recommendations for further action through the MAJCOM Contracting Staff to SAF/AQC, safaqc.workflow@pentagon.af.mil.

MP5332.2 Commercial Item Purchase Financing

(1) The contracting officer shall submit all commercial interim payment requests and commercial advance payment requests to the MAJCOM Director of Contracting. These requests, in turn, shall be forwarded through SAF/AQC, safaqc.workflow@pentagon.af.mil, to SAF/FMPS for review and approval.

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MP5332.3 Loan Guarantees For Defense Production

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(4) Requests for certificates of eligibility shall be submitted to SAF/AQC, safaqc.workflow@pentagon.af.mil, for evaluation of all supporting data. SAF/AQC shall provide appropriate comments to the requester of the certificate.

MP5332.4 Advance Payments

(1) Except for educational and non-profit organizations, the contracting officer shall submit each advance payment request involving only a single contract to the MAJCOM Director of Contracting. This request, in turn, shall be forwarded through SAF/AQC, safaqc.workflow@pentagon.af.mil, to SAF/FMPS for review and approval.

(2) For educational and non-profit organizations, the contracting office shall forward the advance payment request to the Director of Contracts, Air Force Office of Scientific Research (AFOSR/PK), 801 North Randolph Street, Room 732, Arlington, VA 22203-1977.

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(e) The contracting officer shall review the institution’s request and supporting documentation and forward the request to AFOSR/PK. AFOSR/PK reviews the justification for completeness and compliance with the FAR. When satisfied that the requirements have been met, AFOSR/PK forwards the request and other related documentation through SAF/AQC, safaqc.workflow@pentagon.af.mil, to SAF/FMPS. The following is a list of actions that may be performed by the Contract Administration Office or the Air Force Accounting and Finance Office:

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MP5332.501-2 Unusual Progress Payments

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(3) The MAJCOM Chief of Contracting recommends to SAF/AQC whether the request for unusual progress payments should be approved. All requests for unusual progress payments, whether recommended for approval or disapproval, shall be promptly forwarded through SAF/AQC, safaqc.workflow@pentagon.af.mil, to SAF/FMPS with all pertinent data supporting the recommended action.

(4) AFMC requests and recommendations shall be submitted through SAF/AQC, safaqc.workflow@pentagon.af.mil, to SAF/FMPS in accordance with AFMC procedures.

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MP5332.6 Contract Debts

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(5) When a request for deferment of a contract debt is received from a contractor, the recipient office, except for those under AFMC, shall forward the request for deferment to the Chief of Contracting at the MAJCOM. The MAJCOM Contracting Staff shall submit, on a priority basis, an evaluation of the contractor’s request with the necessary reporting information and recommendation through SAF/AQC, safaqc.workflow@pentagon.af.mil, to SAF/FMPS. AFMC actions shall be submitted directly to SAF/FMPS in accordance with AFMC procedures. (Failure to have all of the required documentation that supports the deferment package should not delay the processing of the request to SAF/FMPS.)

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IG5308.7
Acquisition from Nonprofit Agencies Employing People Who Are Blind or Severely Disabled

IG5308.705 Procedures

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(f) If the Committee staff indicates that it is in the final stages of processing the item for addition to the PL, a solicitation should not be issued without prior approval of SAF/AQC, safaqc.workflow@pentagon.af.mil.

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II

5301.105-1: Administrative change resulting from partial incorporation of SAF/AQC Policy Memo 10-C-15, 15 October 2010, MAJCOM Air Force Federal Acquisition Regulation Supplements (AFFARS) in AFAC 2011-0214.

PART 5301
FEDERAL ACQUISITION REGULATIONS SYSTEM

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5301.105-1 Publication and Code Arrangement

(a) The AFFARS is published on the FARSite by the Contracting Laboratory, Hill AFB, UT.

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III

5317.207(f) and IG5306 (J&A Template): Delete the paragraph in the AFFARS and the reference to the paragraph in the IG, as FAR 17.207 already establishes that an option cannot be exercised unless the option was synopsized in accordance with FAR Part 5 and evaluated as part of the initial competition.

PART 5317
Special Contracting Methods

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SUBPART 5317.2 — OPTIONS

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IG5306
Other Than Full and Open Competition Justification and Approval

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XIII. TECHNICAL/REQUIREMENTS PERSONNEL’S CERTIFICATION

As evidenced by their signatures on the Coordination and Approval Document, the technical and/or requirements personnel have certified that any supporting data contained herein, which is their responsibility, is both accurate and complete (FAR 6.303-2(b)).

NOTE:
1. Before definitizing a not-to-exceed (NTE) option, the contracting officer must ensure that the effort covered by the NTE option has been synopsized in accordance with FAR 5.201 and a J&A that covers the effort has been approved.

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IV

5333.291(c), 5333.292(d) and MP5333.104: Updates the Mandatory Procedure for Protests to the GAO.

PART 5333
Protests, Disputes, and Appeals

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5333.291 Claims and Terminations for Default

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(c) The contracting officer shall use ADR to the maximum extent practicable to resolve an Air Force affirmative contract claim (such as defective pricing, liquidated damages, etc.) when unassisted negotiations reach an impasse as determined by the SCO or SCCO. The contracting officer shall provide to AFLOA/JAQ, with a copy to SAF/GCD, any audit or other findings indicating Air Force entitlement to recovery greater than $500,000 where unassisted negotiations have reached an impasse, in order to develop a dispute resolution strategy. Government claims must be formally asserted (issuance of a Contracting Officer’s Final Decision (ref FAR 33.206)) within 6 years after the accrual of the claim.

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

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(d) While an appeal is pending, the contracting officer along with the program manager/user/functional Commander and SJA will support the assigned trial attorney as required including; identifying and locating government witnesses, gathering contractual documents and other physical evidence for conferences and hearings necessary to defend or otherwise dispose of an appeal.

(e) The contracting officer shall obtain approval from the AFLOA/JAQ 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/JAQ. 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/JAQ.

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MP5333.104
Protests to the GAO
MP5333.104 Protests to the GAO

(a) General

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(2) SAF/AQC serves as the notification point with the GAO for all protests.

Phone: (571) 256-7077, DSN 260-7077
Fax: (571) 256-2430
E-mail: safaqc.workflow@pentagon.af.mil

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(4) The contracting officer shall send any communication to the GAO through AFLOA/JAQ with a courtesy copy to SAF/AQC, safaqc.workflow@pentagon.af.mil. Forward any inquiry received from an attorney representing a protestor or interested party to AFLOA/JAQ.

(5) The focal point is the designated individual at each MAJCOM, DRU, AFMC Center, or AFISRA who receives communication from SAF/AQC concerning protests against Air Force solicitations or awards.

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(b) Initial Actions Upon Receipt of Protest

(1) SAF/AQC will notify the focal point when a protest has been filed with the GAO. The focal point shall immediately notify its supporting legal office and the contracting activity.

(2) The contracting officer shall, within one business day of receiving the protest:

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(c) Preparation of Agency Report

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(2) Contents

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(iii) Other Documents

(A) The contracting officer must consider the following guidelines when preparing the agency report:

(1) The following types of documents are expected to be in any agency report to the GAO: the bid or proposal submitted by the protester; the bid or proposal of the firm which is being considered for award, or whose bid or proposal is being protested; the solicitation, including amendments; the source selection decision document; the proposal analysis report; abstracts of bids or offers; final briefing slides; letters and communications opening and closing Final Proposal Revision (FPR) requests; evaluation notices; final ratings; and any other documents the SSA relied upon in making his or her award decision.

(2) The following types of documents would be included in an agency report if they are relevant to proving the Air Force’s position on protest issues: evaluation documents, including individual evaluator ratings, scores, analyses, worksheets, and interim ratings); source selection and technical plans; memoranda for record when a competitive range determination is being challenged; proposal audits; the Performance Confidence Assessment Group (PCAG) report; past performance submittals (surveys and notes from oral questionnaires); minutes or other record of oral discussions, if held; the script for oral discussions, if held; minutes of briefings to the SSA and any notes taken by the SSA during those briefings; other final memoranda signed by the SSA and/or contracting officer; and any other relevant documents that would tend to explain the award decision or the adverse action taken with respect to the offeror’s proposal.

(3) The following types of documents would not be in an agency report unless ordered by a court:

(i) The agency report record shall not include documents created outside of the source selection process. For example, the administrative record should not include internal Government emails; internal Government notes; background papers; talking papers; bullet papers; congressional inquiries and responses; independent cost estimates (i.e., cost estimates not used in the source selection process), or any other pre-decisional documents.

(ii) The agency report shall not include privileged attorney-client communications, attorney work products, legal opinions, or legal reviews supporting business clearance, MIRT or DoD peer reviews, regardless of when the documents are created. The legal office supporting the procurement shall review the agency report prior to its release for documents subject to attorney-client privilege. Documents withheld on the basis of attorney-client privilege shall be identified in the agency report as being withheld.

(B) The contracting officer shall forward the agency report to AFLOA/JAQ, unless AFLOA/JAQ instructs otherwise.

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(e) Process After Agency Report is Filed

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(iii) Based on the agency report and comments from the protester, the GAO may require additional submissions from the Air Force. When requested, the contracting officer shall provide responses directly to AFLOA/JAQ in order to ensure a timely response to the GAO. The focal point shall be copied on any response provided to AFLOA/JAQ. The focal point makes comments or suggestions on supplemental responses directly to AFLOA/JAQ or SAF/AQC.

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(f) Resolving the Protest

(1) GAO Decision. If the protest goes to a written decision, the GAO will usually issue the decision within 100 days of the filing of the original protest. A protest decision involving protected information will be released to the parties under the protective order. A protected decision may be viewed within the government, but may not be released to, or discussed with, non-government personnel unless those personnel have been explicitly admitted to access of protected material under the protective order. Generally, those admitted to access under the protective order will be legal counsel for the protester and interveners. The GAO will issue a public redacted version of the decision at a later date.

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(ii) Sustain. If the GAO sustains a protest, the GAO will also recommend corrective action and may recommend payment of reasonable protest costs, to include reasonable attorney fees. In some cases the GAO may also recommend payment of proposal preparation costs.

(A) Corrective action should be accomplished pursuant to paragraph (g) below. A decision not to comply with a GAO recommendation for corrective action may only be made by SAF/AQC. Any recommendation not to comply with GAO’s corrective action recommendation must be coordinated with the focal point and forwarded to SAF/AQC, safaqc.workflow@pentagon.af.mil, and AFLOA/JAQ within 15 days of the date of the decision.

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(2) Alternative Dispute Resolution (ADR). It is Air Force policy to use ADR to the maximum extent practicable and appropriate to resolve disputes at the earliest stage feasible, by the fastest and least expensive method possible, and at the lowest possible organizational level. Outcome prediction is a form of ADR commonly used in bid protests in which the GAO advises the parties of its likely position if the protest were resolved in a written decision. The viability of outcome prediction depends on the nature of the protest (usually a few discrete issues for which there is clearly established precedent) and the GAO attorney assigned to the case. Outcome prediction is not binding on the parties, but Air Force policy is to follow the outcome prediction recommendations. Other nonbinding ADR procedures (including but not limited to mediation) are available and should be considered for use in appropriate cases.

(3) Consultation. When considering the use of ADR proceedings (other than GAO outcome prediction) to resolve a bid protest, and before initiating an ADR proceeding, the contracting officer and AFLOA/JAQ shall notify SAF/GCD and SAF/GCQ and work with those offices to identify an ADR procedure appropriate to the individual case.

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(g) Corrective Action

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(4) Reporting. Within five days of a decision to take corrective action (either voluntary or as recommended by the GAO), the contracting officer shall provide a corrective action plan to SAF/AQC, safaqc.workflow@pentagon.af.mil and AFLOA/JAQ. The contracting officer shall notify SAF/AQC and AFLOA/JAQ if there are any significant changes to the corrective action plan, if the corrective action will not be completed within 60 days, and when the corrective action is complete. The focal point should be copied on these messages.

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(h) Mandatory Stay of Award or Performance

(1) Statutory Requirements (31 USC 3551-3556)

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(iii) HCA Override

(A) A request to override a stay of award or performance must be signed by a general officer/member of the senior executive service or, if not available, by the installation commander or deputy. The request shall include the findings required by FAR 33.104(b) or (c) and the information listed in paragraph (h)(4)(i) below. The request shall be forwarded through the SCO to SAF/AQC, safaqc.workflow@pentagon.af.mil within seven days of the protest notification by SAF/AQC.

(B) The HCA shall make a decision with respect to authorizing award or continued performance within ten days of the protest notification by SAF/AQC. If circumstances change after suspension of contract performance, the contracting officer may initiate a request to continue performance.

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(4) Procedural Requirements

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(iii) The mandatory notice to the GAO shall comply with FAR 33.104(b)(2) or (c)(3) and should include the protester’s name and the B-number assigned to the protest. The notice should be faxed to the GAO at (202) 512-9749. The finding itself should not be sent to the GAO. Copies of the signed notice and finding shall be sent to SAF/AQC, safaqc.workflow@pentagon.af.mil. A copy of the override notice shall be sent to the protester and interested parties, as required by FAR 33.104(d).

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V

5349 and MP5349: DPAP no longer requires reporting of Terminations for Default of Cause as implemented in FAR Case 2008-016. Therefore, all terminations shall be reported via FAPIIS.

PART 5349
Termination of Contracts

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SUBPART 5349.4 — TERMINATION FOR DEFAULT

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MP5349
Termination of Contracts

SUBPART MP5349.4 — TERMINATION FOR DEFAULT

MP5349.402 Termination of Fixed-Price Contracts for Default (No Text)

MP5349.402-3 Procedure for Default

(f) Prior to making a final decision concerning termination for default, the contracting officer shall forward the termination notice and the complete contract file to AFLOA/JAQ and follow the procedures in 5333.291(b).

MP5349.402-6 Repurchase Against Contractor’s Account

The contracting officer shall provide copies of assessments of excess reprocurement costs to DFAS/BKRD/CC and AFLOA/JAQ.

SUBPART MP5349.5 — CONTRACT TERMINATION CLAUSES

MP5349.501-70 Special Termination Costs

(a) Contracting officers shall refer to Volume 2A, Chapter 1, Section 010214, paragraph C.2.a of DoD 7000.14-R, DoD Financial Management Regulation, for Congressional notification and additional approval requirements for Special Termination Cost Clauses (STCCs). Because STCCs require special notification to Congress and entail a long approval process over which the Air Force has little control, the contracting officer should allow SAF/AQC, safaqc.workflow@pentagon.af.mi, sufficient time to process requests to use DFARS 252.249-7000, Special Termination Costs (i.e. not less than 90 days prior to contract award). The request shall include the following:

(i) A detailed breakdown of applicable cost categories in the clause at DFARS 252.249-7000 (a)(1) through (5), which includes the reasons for the anticipated incurrence of the costs in each category;

(ii) Information on the financial and program need for the clause including an assessment of the contractor's financial position and the impact of a failure to receive authority to use the clause; and

(iii) Clear evidence that only costs that arise directly from a termination would be compensated under the clause. Costs that would be incurred by the Government, regardless of whether a termination occurs, shall not be covered by a STCC.

(c) The contracting officer shall request SAF/FM approval through SAF/AQC, safaqc.workflow@pentagon.af.mil, prior to authorizing any increase in the Government's maximum liability under the clause.

SUBPART MP5349.70 — SPECIAL TERMINATION REQUIREMENTS

MP5349.7001 Congressional Notification on Significant Contract Terminations

(c) The contracting officer shall submit the request for clearance to SAF/AQC, safaqc.workflow@pentagon.af.mil, at least five workdays before the proposed termination date. SAF/AQCK will forward the clearance request to SAF/LLP. The contracting officer shall not release the termination notice until SAF/LLP contacts the contracting officer, indicating the date and time that Congress will be notified and the contractor should receive the termination notice.

(d)(5) “Contract price of the items terminated” means the contract price of the supplies or services not yet accepted that are being terminated. The contracting officer shall not adjust this amount downward for progress or advance payments, accepted vouchered costs, or less than full funding and should use estimates when unpriced contract actions are being terminated, or when otherwise necessary.

MP5349.7003 Notification of Anticipated Terminations or Reductions

(b)(2)(i) The contracting officer shall submit the draft notification to SAF/AQC, safaqc.workflow@pentagon.af.mil, as soon as the proposed termination/reduction is known. SAF/AQC, safaqc.workflow@pentagon.af.mil, will forward the notification to SAF/AQ for signature. The notification should be addressed to:

The notice should address the following key elements:

(1) Contract number, date, and type of contract

(2) Name of the Company

(3) Nature of contract or end item

(4) The reason for the termination

(5) Contract price of the items terminated

(6) Total number of contractor employees involved, including the Government’s estimate of the number who may be discharged

(7) Statement of anticipated impact on the company and the community

(8) The area labor category, whether the contractor is a large or small business, and any known impact on hardcore disadvantaged employment programs

(9) Total number of subcontractors involved and the impact in this area, and

(10) An unclassified draft of a suggested press release

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VI

MP5306.502: Updates the Mandatory Procedure for the Air Force Competition and Commercial Advocacy Program

MP5306.502
Air Force Competition and Commercial Advocacy Program

1. Applicability. The objective of the Air Force Competition and Commercial Advocacy Program is to support full and open competition to the maximum extent possible. The procedures below define how the Air Force will manage the Air Force Competition and Commercial Advocacy Program, and the reporting requirements associated with the program.

In addition to the requirements at FAR 6.501, the Major Command (MAJCOM), Direct Reporting Unit (DRU), or Air Force Intelligence, Surveillance, and Reconnaissance Agency (AFISRA) Competition and Commercial Advocate must:

2. Roles and Responsibilities. In addition to the roles and responsibilities identified at FAR 6.502, Air Force Competition and Commercial Advocates must perform the roles and responsibilities identified below.

3. Appointment of the Competition and Commercial Advocate.

4. Annual Competition and Commercial Reporting Requirements.

Attachment 1
Air Force Competition and Commercial Advocate Nomination Memo

LETTERHEAD

MEMORANDUM FOR SAF/AQC
Attn: Competition Advocate General

FROM:

SUBJECT: Competition and Commercial Advocate/Alternate Nomination

1. Pursuant to MP5306.502, Air Force Competition and Commercial Advocacy Program, subject nomination of primary and alternate Competition and Commercial Advocate assigned to ____________ are:

Primary: Procurement Activity (MAJCOM/AFISRA/DRU or Installation)

Alternate: Office Symbol

2. The nominee’s resume at attachment _____ demonstrates the candidate meets the qualifications

3. This letter supersedes memo dated _____________, subject as above.

4. Please direct questions regarding this nomination to ____________, DSN ___________.

Attachment:
Resume
cc:

Attachment 2
Air Force Competition and Commercial Advocate Appointment Memo

MEMORANDUM FOR

FROM:

SUBJECT: Appointment of Competition and Commercial Advocate (or Alternate)

1. As Competition and Commercial Advocate for __________, I hereby appoint _________________ as the Competition and Commercial Advocate (or Alternate) for _________. This appointment is in accordance with AFFARS Mandatory Procedures (MP) 5306.502, Air Force Competition and Commercial Advocacy Program.

2. For further information concerning this appointment, you may contact [INSERT NAME, OFFICE SYMBOL AND PHONE NUMBER].

Attachment 3
Air Force Competition and Commercial Report Cover Memo

LETTERHEAD

MEMORANDUM FOR SAF/AQCP

FROM:

SUBJECT: MAJCOM/FOA/DRU Fiscal Year (FY) __ Competition and Commercial Report

1. The FY_____ Competition and Commercial Report is forwarded in accordance with MP5306.502, Competition and Commercial Advocacy Program.

2. The report supports a recommended competition goal of ___ percent for FY __. This recommendation represents a ___ percentage increase/decrease. Discuss the increase or decrease in the competition goal.

3. Please refer questions to ____________, DSN _________.

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VII

MP5315.5: Formally incorporates SAF/AQC Policy Memo 11-C-02 dated March 11, 2011 into the AFFARS

MP5315.5
Preaward, Award, and Postaward Notifications, Protests, and Mistakes

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MP5315.506 Postaward Debriefing of Offerors

(a) Information showing how the offeror was evaluated and rated against the evaluation factors as compared to the successful offeror shall be included in the debriefing.

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VII

MP5317.74 and MP5343.204-70: Updates reporting procedures using a web-based tool.

MP5317.74
Undefinitized Contract Actions (UCAs)

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2. Notification Requirements

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/AQC at safaqc.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.

3. Proposal and Definitization Requirements

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c. For any UCA that falls more than 14 days behind its schedule at any point in the definitization process, the cognizant SCO/SCCO must review each such UCA monthly and provide the DAS(C) a status report identifying the remedial actions that have been or are being taken to get back on schedule no later than 5 business days after the end of the month. The report, in e-mail format, shall be sent to safaqc.workflow@pentagon.af.mil. Further, the DAS(C) may require the SCO/SCCO and any members of the definitization team to brief the appropriate HAF staff on the status of any UCA not definitized within 180 days of issuance. For any delays in the definitization schedule, contracting officers shall document the contract file with the justification to include the revised definitization milestone schedule.

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5. Plans and Reports

To comply with the semi-annual UCA reporting requirements described in DFARS 217.7405, SAF/AQC established a recurring monthly UCA update due by the 10th of each month. SCO/SCCOs are required to ensure UCA data is current in the reporting tool at https://www.afcontracting.hq.af.mil/enterprise_metrics/index.cfm.SAF/AQC 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

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/AQC at safaqc.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 SCO/SCCO must report, within 3 business days, any unpriced change order not definitized within 180 days of issuance to SAF/AQC. The report shall be submitted in the reporting tool at https://www.afcontracting.hq.af.mil/enterprise_metrics/index.cfm and 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/AQC established a recurring monthly UCA update, including unpriced change orders, due by the 10th of each month. SCO/SCCOs are required to ensure the data reported for unpriced change orders is current in the reporting tool at https://www.afcontracting.hq.af.mil/enterprise-metrics/index.cfm. SAF/AQC will consolidate the reported data 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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IX

IG5306: Administrative change to delete the reference to “DFARS 204.670-1” from the definition of “Other Contracting”, as DFARS 204.670-1 was deleted from DFARS.

IG5306
Other Than Full and Open Competition Justification and Approval

Preparation Guide and Template

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Chapter 5

DEFINITIONS

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Other Contracting: Those contracting actions, not in a PEO/DAO 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)). This term does not include those efforts or acquisitions that have been assigned to AFPEO/CM. (reference AFFARS 5302.101).

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X

IG5336.9201, Chapter 7, paragraph 7.8: Formally incorporates SAF/AQC Memo entitled “Monitoring Contractor Performance – Construction” dated April 1, 2011.

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IG5336.9201
Air Force Contracting Construction Guide

CHAPTER 7
Construction Contract Management

Section 2 – Contract Oversight and Management

7.8. Monitoring Progress. As prescribed in FAR 36.515 and in accordance with FAR 52.236-15, for projects exceeding the simplified acquisition threshold and greater than 60 days, the contractor must submit a progress schedule to the contracting officer. If the contracting officer elects not to incorporate FAR 52.236-15, Schedules for Construction Contracts, the contracting officer must coordinate with civil engineers on an alternate performance monitoring process and document the contract file.

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