AFAC

Air Force Acquisition Circular (AFAC) 2015-0406
April 6, 2015

FOR ADDITIONAL INFORMATION CONTACT:
SAF/AQCP, 1060 Air Force Pentagon, Washington, DC 20330-1060, (571) 256-2387

SUMMARY OF CHANGES

AFFARS

EXPLANATION OF CHANGE

5301

5301.101, 5301.170(a)(2), 5301.170-4(f), 5301.201-1(d)(i), 5301.304, 5301.402(2), 5301.403(1)a., 5301.403(1)c., 5301.403(1)d., 5301.403(S-90), 5301.404(b)(ii), 5301.404(b)(iii), 5301.404(b)(iv), 5301.404 (S-90), 5301.601(a)(i)(A)(1), 5301.601(a)(ii)(B), 5301.601-91, 5301.602-3(b)(2)(A), 5301.9001(f), 5301.9102(a), 5301.9102(f)- Incorporates Policy Memo 14-C-05, AFFARS Changes Resulting From the Inactivation of AFISRA. 5301.101, 5301.201-1(d)(i), 5301.304, 5301.402(2), 5301.403(1)a., 5301.403(1)c., 5301.403(1)d., 5301.403(S-90), 5301.404(b)(ii), 5301.404(b)(iii), 5301.404(b)(iv), 5301.404(S-90), 5301.601(a)(i)(A)(1), 5301.601(a)(ii)(B), 5301.601-91, 5301.602-3(b)(2)(A), 5301.9001(f)(2), 5301.9001(f)(5), 5301.9102(a)-Adds references to the Air Force Rapid Capabilities Office (AFRCO). 5301.402(2)-Adds a reference and hyperlink to Deviation Request template. 5301.9001(f)-Changes clearance thresholds and procedures.

5302

5302.101-Incorporates Policy Memo 14-C-05, AFFARS Changes Resulting From the Inactivation of AFISRA, and adds references to the AFRCO.

5303

5303.104-5(c)(2), 5303.104-7(f), 5303.104-9(b), 5303.602, 5303.705(a), 5303.1003(b)(2)(i), 5303.1104(b)-Incorporates Policy Memo 14-C-05, AFFARS Changes Resulting From the Inactivation of AFISRA. 5303.104-5(c)(2), 5303.104-7(f), 5303.104-9(b), 5303.602, 5303.705(a), 5303.1003(b)(2)(i), 5303.1104(b)-Adds references to the AFRCO.

5304

5304.402, 5304.403-Adds information regarding National Interest Determinations (NIDs). 5304.803-Incorporates Policy Memo 14-C-05, AFFARS Changes Resulting From the Inactivation of AFISRA, and adds references and hyperlinks to Contract File Checklist templates. 5304.7103-Deletes reference to IG5304.7103.

5305

5305.202(b), 5305.303(a)(ii)-Incorporates Policy Memo 14-C-05, AFFARS Changes Resulting From the Inactivation of AFISRA. 5305.202(b)-Adds reference to the AFRCO. 5305.303(a)-Editorial change.

5306

5306.302-2(c)(1), 5306.304(a)*, 5306.304(a)(4), 5306.501-Incorporates Policy Memo 14-C-05, AFFARS Changes Resulting From the Inactivation of AFISRA. 5306.302-2(c)(1), 5306.304(a)*, 5306.304(a)(4), 5306.501-Adds references to the AFRCO. 5306.304*-Editorial changes.

5307

5307.104-92(b), 5307.104-93, 5307.170-3(a)(3)-Incorporates Policy Memo 14-C-05, AFFARS Changes Resulting From the Inactivation of AFISRA. 5307.104-92(b), 5307.104-93, 5307.170-3(a)(3)-Adds references to the AFRCO.

5308

5308.405-6(d)-Adds a reference and hyperlink to the Limited Sources template.

5309

5309.405(a) 5309.406-3(a)(i), 5309.503-Incorporates Policy Memo 14-C-05, AFFARS Changes Resulting From the Inactivation of AFISRA. 5309.405(a) 5309.406-3(a)(i), 5309.503-Adds references to the AFRCO.

5310

5310.002-Adds a reference and hyperlink to the Market Research template.

5311

5311.273-3(3)-Incorporates Policy Memo 14-C-05, AFFARS Changes Resulting From the Inactivation of AFISRA, and adds reference to the AFRCO.

5312

NO CHANGES

5313

NO CHANGES

5314

NO CHANGES

5315

5315.209(S-92), 5315.403-1(c)(3)(B), 5315.403-1(c)(4)(A), 5315.403-1(c)(4)(B), 5315.403-4(a)(2), 5315.406-1(b)(ii)-Incorporates Policy Memo 14-C-05, AFFARS Changes Resulting From the Inactivation of AFISRA. 5315.209(S-92), 5315.403-1(c)(3)(B), 5315.403-1(c)(4)(A), 5315.403-1(c)(4)(B), 5315.403-4(a)(2), 5315.406-1(b)(ii)-Adds references to the AFRCO.

5316

5316.206-3(d), 5316.405-2(1), 5316.504(c)(1)(ii)(D), 5316.601(d)(1)(A)(1)(i), 5316.601(d)(1)(A)(2)-Incorporates Policy Memo 14-C-05, AFFARS Changes Resulting From the Inactivation of AFISRA. 5316.505(b)(2)-Adds a reference and hyperlink to the Justification for an Exception to Fair Opportunity template. 5316.206-3(d), 5316.405-2(1), 5316.504(c)(1)(ii)(D), 5316.601(d)(1)(A)(1)(i), 5316.601(d)(1)(A)(2)-Adds references to the AFRCO.

5317

5317.170(e)(1), 5317.171(c), 5317.172(e)(2), 5317.172(g), 5317.174(b), 5317.204(e)(i)(C), 5317.204(e)(iv), 5317.7402(b), 5317.7404-3, 5317.7404-5(b), 5317.7405--Incorporates Policy Memo 14-C-05, AFFARS Changes Resulting From the Inactivation of AFISRA. 5317.7404-1-Adds a reference and hyperlink to the Request for Authority to Issue a UCA template. 5317.170(e)(1), 5317.171(c), 5317.172(e)(2), 5317.172(g), 5317.174(b), 5317.204(e)(i)(C), 5317.204(e)(iv), 5317.7402(b), 5317.7404-3, 5317.7404-5(b), 5317.7405-Adds references to the AFRCO.

5318

5318.201(c)(1)(B), 5318.201(c)(1)(B)2.-Incorporates Policy Memo 14-C-05, AFFARS Changes Resulting From the Inactivation of AFISRA.

5319

5319.201(d)(10)(B), 5319.505(d), 5319.810-Incorporates Policy Memo 14-C-05, AFFARS Changes Resulting From the Inactivation of AFISRA.

5320

RESERVED

5321

RESERVED

5322

NO CHANGES

5323

NO CHANGES

5324

RESERVED

5325

5325.1001(a)(2)(iii), 5325.7002-2(b)(1)(iv), 5325.7003-3(b)-(c)-Incorporates Policy Memo 14-C-05, AFFARS Changes Resulting From the Inactivation of AFISRA. 5325.1001(a)(2)(iii), 5325.7002-2(b)(1)(iv), 5325.7003-3(b)-(c)-Adds references to the AFRCO.

5326

RESERVED

5327

NO CHANGES

5328

5328.1-Adds reference and hyperlink to the Contract Bonds Checklist template. 5328.305(d)-Incorporates Policy Memo 14-C-05, AFFARS Changes Resulting From the Inactivation of AFISRA.

5329

RESERVED

5330

5330.201-5(a)(2), 5330.201-5(e)-Incorporates Policy Memo 14-C-05, AFFARS Changes Resulting From the Inactivation of AFISRA. 5330.201-5(a)(2), 5330.201-5(e)-Adds reference to the AFRCO.

5331

NO CHANGES

5332

5332.104(a)(5), 5332.104(c)(2), 5332.202-1(b)(8), 5332.402(e)(2), 5332.501-2(a)(3), 5332.501-3(a), 5332.607(a)-Incorporates Policy Memo 14-C-05, AFFARS Changes Resulting From the Inactivation of AFISRA. 5332.104(a)(5), 5332.104(c)(2), 5332.202-1(b)(8), 5332.402(e)(2), 5332.501-2(a)(3), 5332.501-3(a), 5332.607(a)-Adds references to the AFRCO.

5333

5333.103(d)(4), 5333.104(b)(1), 5333.104(c)(2), 5333.104(g), 5333.105, 5333.170, 5333.290(b)-(c), 5333.291(b), 5333.292(b)-Incorporates Policy Memo 14-C-05, AFFARS Changes Resulting From the Inactivation of AFISRA. 5333.211-Adds a reference and hyperlink to the Contracting Officers Final Decision template. 5333.103(d)(4), 5333.104(b)(1), 5333.104(c)(2), 5333.104(g), 5333.105, 5333.170, 5333.290(b)-(c), 5333.291(b), 5333.292(b)-Adds references to the AFRCO. 5333.291(c)-Deleted reference to rescinded AF Supplement to DoD 5400.7R. 5333.214(c)-Administrative changes throughout changing SAF/GCD to SAF/GCR.

5334

RESERVED

5335

NO CHANGES

5336

NO CHANGES

5337

5337.204-Incorporates Policy Memo 14-C-05, AFFARS Changes Resulting From the Inactivation of AFISRA, and adds reference to the AFRCO.

5338

RESERVED

5339

RESERVED

5340

RESERVED

5341

NO CHANGES

5342

NO CHANGES

5343

5343.204-70-1(b), 5343.204-70-7-Incorporates Policy Memo 14-C-05, AFFARS Changes Resulting From the Inactivation of AFISRA. 5343.204-70-1(b)-Adds reference to the AFRCO.

5344

RESERVED

5345

5345.102(e)(4)(ii)(C)(1)(i)-Incorporates Policy Memo 14-C-05, AFFARS Changes Resulting From the Inactivation of AFISRA, and add reference to the AFRCO.

5346

5346.401-Adds a reference and hyperlinks to the Corrective Action Report, Customer Complaint Record, and Performance Assessment Report templates.

5347

RESERVED

5348

NO CHANGES

5349

5349.101(b), 5349.402-6(c), 5349.501-70(a), 5349.501-70(c), 5349.7001, 5349.7003(b)(2)(i)-Incorporates Policy Memo 14-C-05, AFFARS Changes Resulting From the Inactivation of AFISRA. 5349.102-Adds a reference and hyperlink to the Termination Authority template. 5349.101(b), 5349.402-6(c), 5349.501-70(a), 5349.501-70(c), 5349.7001, 5349.7003(b)(2)(i)-Adds references to the AFRCO.

5350

5350.103-5(a), 5350.104-3(b)(1)-Incorporates Policy Memo 14-C-05, AFFARS Changes Resulting From the Inactivation of AFISRA, and adds references to the AFRCO.

5351

RESERVED

5352

5352.201-9101(c)-Incorporates Policy Memo 14-C-05, AFFARS Changes Resulting From the Inactivation of AFISRA, and adds references to the AFRCO. 5352.204-9000(a)(7) & (b)(1)-Administrative change.

5353

RESERVED

MP5301.170(a)

Incorporates Policy Memo 14-C-05, AFFARS Changes Resulting From the Inactivation of AFISRA.

MP5301.4

NO CHANGES

MP5301.601(a)(i)

NO CHANGES

MP5301.601-91

Incorporates Policy Memo 14-C-05, AFFARS Changes Resulting From the Inactivation of AFISRA, and adds references to AFRCO. Contains major changes regarding conversion of the Compliance Inspection to the Self-Assessment Program.

MP5301.602-2(d)

Incorporates Policy Memo 14-C-05, AFFARS Changes Resulting From the Inactivation of AFISRA, and adds references to AFRCO.

MP5301.602-3

Incorporates Policy Memo 14-C-05, AFFARS Changes Resulting From the Inactivation of AFISRA, and adds reference to AFRCO.

MP5301.603

Incorporates Policy Memo 14-C-05, AFFARS Changes Resulting From the Inactivation of AFISRA, and adds references to AFRCO. Paragraphs 2.4.and 3.3.8.-Editoral changes.

MP5301.9001(b)

Incorporates Policy Memo 14-C-05, AFFARS Changes Resulting From the Inactivation of AFISRA, and adds reference to AFRCO.

MP5301.9001(f)

Incorporates Policy Memo 14-C-05, AFFARS Changes Resulting From the Inactivation of AFISRA.

MP5303

Incorporates Policy Memo 14-C-05, AFFARS Changes Resulting From the Inactivation of AFISRA, and adds references to AFRCO.

MP5305.303

Editorial changes.

MP5306.502

Incorporates Policy Memo 14-C-05, AFFARS Changes Resulting From the Inactivation of AFISRA, and adds references to AFRCO. 4.1-Editorial changes.

MP5315.3

Incorporates Policy Memo 14-C-05, AFFARS Changes Resulting From the Inactivation of AFISRA, adds references to AFRCO, and editorial changes.

MP5315.4

NO CHANGES

MP5315.407-90

Incorporates Policy Memo 14-C-05, AFFARS Changes Resulting From the Inactivation of AFISRA.

MP5315.407-91

NO CHANGES

MP5315.606-90

Incorporates Policy Memo 14-C-05, AFFARS Changes Resulting From the Inactivation of AFISRA, and adds references to AFRCO.

MP5316.504

Editorial change.

MP5317.5

NO CHANGES

MP5317.74

Incorporates Policy Memo 14-C-05, AFFARS Changes Resulting From the Inactivation of AFISRA.

MP5317.78

NO CHANGES

MP5319

NO CHANGES

MP5325

NO CHANGES

MP5325.7002-2

Incorporates Policy Memo 14-C-05, AFFARS Changes Resulting From the Inactivation of AFISRA, and adds references to AFRCO.

MP5325.7003-3

Incorporates Policy Memo 14-C-05, AFFARS Changes Resulting From the Inactivation of AFISRA, and adds references to AFRCO.

MP5332.470

Incorporates Policy Memo 14-C-05, AFFARS Changes Resulting From the Inactivation of AFISRA, and adds references to AFRCO.

MP5332.7

Incorporates Policy Memo 14-C-05, AFFARS Changes Resulting From the Inactivation of AFISRA, and adds reference to AFRCO. Editorial changes throughout.

MP5333.104

Incorporates Policy Memo 14-C-05, AFFARS Changes Resulting From the Inactivation of AFISRA, and adds references to AFRCO. Administrative change of SAF/GCD to SAF/GCR.

MP5342.902

NO CHANGES

MP5346.103

NO CHANGES

MP5349

NO CHANGES

MP5350.103-5

NO CHANGES

IG5304.7103

Deleted in its entirety due to obsolescence.

IG5315.404-3

NO CHANGES

IG5317.74

NO CHANGES

IG5317.9000

NO CHANGES

AFAC CHANGES

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

5301

5301.101, 5301.170(a)(2), 5301.170-4(f), 5301.201-1(d)(i), 5301.304, 5301.402(2), 5301.403(1)a., 5301.403(1)c., 5301.403(1)d., 5301.403(S-90), 5301.404(b)(ii), 5301.404(b)(iii), 5301.404(b)(iv), 5301.404 (S-90), 5301.601(a)(i)(A)(1), 5301.601(a)(ii)(B), 5301.601-91, 5301.602-3(b)(2)(A), 5301.9001(f), 5301.9102(a), 5301.9102(f)- Incorporates Policy Memo 14-C-05, AFFARS Changes Resulting From the Inactivation of AFISRA. 5301.101, 5301.201-1(d)(i), 5301.304, 5301.402(2), 5301.403(1)a., 5301.403(1)c., 5301.403(1)d., 5301.403(S-90), 5301.404(b)(ii), 5301.404(b)(iii), 5301.404(b)(iv), 5301.404(S-90), 5301.601(a)(i)(A)(1), 5301.601(a)(ii)(B), 5301.601-91, 5301.602-3(b)(2)(A), 5301.9001(f)(2), 5301.9001(f)(5), 5301.9102(a)-Adds references to the Air Force Rapid Capabilities Office (AFRCO). 5301.402(2)-Adds a reference and hyperlink to Deviation Request template. 5301.9001(f)-Changes clearance thresholds and procedures.

5301.101 Purpose

The Air Force Federal Acquisition Regulation Supplement (AFFARS) establishes uniform policies and procedures for the Air Force implementing and supplementing the Federal Acquisition Regulation (FAR), the Department of Defense FAR Supplement (DFARS), and other Department of Defense publications concerning contracting. AFFARS Mandatory Procedures (MP) and Informational Guidance (IG) are companion resources arranged by parts which correspond to the relevant FAR parts. MPs contain mandatory internal Air Force procedures and IGs contain non-mandatory supplemental information. Major Commands (MAJCOM), Direct Reporting Units (DRU), the Space and Missile Systems Center (SMC), the Air Force Installation Contracting Agency (AFICA), and the Air Force Rapid Capabilities Office (AFRCO) (see 5302.101 Definitions) are prohibited from issuing supplements to the AFFARS but may maintain their specific internal procedures through the use of MPs and IGs.

****
5301.170(a)(2) To facilitate planning for DoD peer reviews as well as for clearances by the DAS(C)/ADAS(C) (see 5301.9001(f)(1)), the MAJCOM/DRU/HQ AFICA SCO (or for AFLCMC and SMC, the SCCO) must ensure the rolling forecast data is current in the reporting tool as of the 15th of March, June, September, and December each year. SAF/AQC will submit the consolidated peer review forecast to DPAP/CPIC at the end of each quarter.

****
5301.170-4(f) The Contracting Officer must simultaneously provide a copy of the memorandum documenting disposition of all peer review recommendations to DPAP/CPIC, SAF/AQC, and to their MAJCOM/DRU/HQ AFICA SCO (or for AFLCMC and SMC, the SCCO).

5301.201-1(d)(i) Proposed revisions to the FAR, DFARS, or AFFARS must be submitted through the MAJCOM/DRU/HQ AFICA/AFRCO SCO (or for SMC, the SCCO) to SAF/AQCP in accordance with DFARS 201.201-1(d)(i).

****
5301.304 Agency Control and Compliance Procedures

MAJCOMs, DRUs, HQ AFICA, AFRCO, and SMC must follow the approved AF Clause Control Plan. Submit procedures and forms that require approval by OUSD(AT&L)/DPAP through the MAJCOM/DRU/HQ AFICA SCO (or for SMC, the SCCO) to SAF/AQCP. AFRCO will provide the information directly to the DAS(C)/ADAS(C), as appropriate. The request must include a detailed justification using the format in DFARS 201.201-1. SAF/AQCP will arrange for publication in the Federal Register, if necessary. The requesting activity is responsible for evaluating public comments and preparing the final package for SAF/AQCP to submit to OUSD(AT&L)/DPAP.

5301.402(2) Submit requests for deviations which require OUSD(AT&L)/DPAP approval through the MAJCOM/DRU/HQ AFICA/AFRCO SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC for processing. See the tailorable Deviation Request template.

5301.403 Individual Deviations

(1)a. MAJCOM/DRU/HQ AFICA/AFRCO SCOs (or for AFLCMC and SMC, SCCOs) are authorized to approve individual deviations except as described in (c) and (d) below or as described in DFARS 201.402(1) and DFARS 201.403(2).

****
c. SAF/AQC is the approval authority for individual deviations from FAR 15.3, AFFARS 5315.3, and MP5315.3. Deviation requests must be submitted through the MAJCOM/DRU/HQ AFICA/AFRCO SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC for approval. This approval authority must not be further delegated.

d. OUSD(AT&L)/DPAP is the approval authority for individual deviations from DFARS 215.3. Deviation requests must be submitted through the MAJCOM/DRU/HQ AFICA/AFRCO SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC for processing to OUSD(AT&L)/DPAP for approval.

(S-90) The MAJCOM/DRU/HQ AFICA SCO (or for SMC, the SCCO) must submit a consolidated annual report (by 1 Nov) to SAF/AQCP, describing all individual deviations which were approved at any level within the organization. AFRCO will provide the information directly to the DAS(C)/ADAS(C), as appropriate. See MP5301.4 for annual deviation reporting requirements.

5301.404 Class Deviations

(b)(ii) Class deviation approval authority for the DRUs has been retained by SAF/AQC. Class deviation requests to SAF/AQC must comply with DFARS 201.402(2).

(iii) SAF/AQC is the class deviation approval authority from FAR 15.3, AFFARS 5315.3, and MP5315.3. Requests must be submitted through the MAJCOM/DRU/HQ AFICA SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC for approval. AFRCO will provide the request directly to the DAS(C)/ADAS(C), as appropriate.

(iv) OUSD(AT&L)/DPAP is the approval authority for any class deviation described in DFARS 201.402(1) and from DFARS 215.3. Requests must be submitted through the MAJCOM/DRU/HQ AFICA/AFRCO SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC for processing to OUSD(AT&L)DPAP for approval.

****
(S-90) The MAJCOM/HQ AFICA SCO (or for SMC, the SCCO) must submit a consolidated annual report (by 1 Nov) to SAF/AQCP describing all class deviations which were approved at any level within the organization. AFRCO will provide the information directly to the DAS(C)/ADAS(C), as appropriate. See MP5301.4 for annual deviation reporting requirements.

****
5301.601(a)(i)(A)(1) The MAJCOM/DRU/HQ AFICA/AFRCO SCOs (and to the SCCOs at AFLCMC and SMC) with authority to redelegate HCA responsibilities as stated in MP5301.601(a)(i).

****

5301.601-91 Air Force Contracting Self-Assessment Program

MAJCOM/DRU/HQ AFICA/AFRCO SCOs (or for SMC, the SCCO) must forward a consolidated trend analysis report for the current and previous year to SAF/AQCP by 31 January of each year. See MP5301.601-91 for requirements of the Air Force Contracting Self-Assessment Program.

****
5301.602-3(b)(2)(A) The MAJCOM/DRU/HQ AFICA/AFRCO SCO (or for AFLCMC and SMC, the SCCO) for actions equal to or greater than $30,000.

****
5301.9001(f) Contract actions meeting the contract value thresholds set below must not be awarded without obtaining the required business and contract clearance approval(s). Contract value is determined by the definition in FAR 1.108(c). Clearance approval authority may not be delegated, however unit specific assignments pursuant to subparagraph (3)(i) are authorized.

Contract Value

Clearance Approval Authority

Noncompetitive > $500M; Competitive > $1B

DAS(C)/ADAS(C) for Business Clearance Only (see paragraph (f)(1)(i))
Contract Clearance = AFRC/A7K

> $500K - Noncompetitive < $500M; Competitive < $1B

AFRC/A7K

****
5301.9102(a) MAJCOM/DRU/HQ AFICA/AFRCO/SMC Commanders must appoint an experienced senior official who is independent of the contracting officer and program manager as the ombudsman at their organization. For AFMC Centers, an ombudsman is required at each Center/Operating Location/Geographically Separated Unit, instead of at the MAJCOM.

****
(f) The Air Force ombudsman is the ADAS(C), who may take action to assist in resolving issues, concerns, disagreements, and recommendations that cannot be resolved at the MAJCOM/DRU/HQ AFICA/SMC level, or for those having Air Force wide implications. The ADAS(C) is the AF ombudsman for procurement integrity issues (see OUSD(AT&L)/DPAP memo, 1 Oct 09).

5302

5302.101-Incorporates Policy Memo 14-C-05, AFFARS Changes Resulting From the Inactivation of AFISRA, and adds references to the AFRCO.

5302.101 Definitions

****
“AFRCO” is the Air Force Rapid Capabilities Office.

****
"Chief of the Contracting Office (COCO)" means any person who has direct managerial responsibility for the operation of a contracting office as defined in FAR 2.1. Unless specifically excepted, this term may include, at the option of the designated official, the deputy chief or acting chief of the contracting office. The term COCO includes the Contracting Squadron Commander (CONS/CC)/Director of Business Operations (DBO)/Numbered Flight Commander (SCONF/CC), Deputy or civilian equivalent, as identified by the MAJCOM/DRU/HQ AFICA/AFRCO SCO, and for AFMC and SMC, the Contracting Division Chief/Deputy.

****
“Senior Contracting Official (SCO)” means the MAJCOM/DRU/HQ AFICA/AFRCO headquarters staff official with overall functional responsibility for contracting.

5303

5303.104-5(c)(2), 5303.104-7(f), 5303.104-9(b), 5303.602, 5303.705(a), 5303.1003(b)(2)(i), 5303.1104(b)-Incorporates Policy Memo 14-C-05, AFFARS Changes Resulting From the Inactivation of AFISRA. 5303.104-5(c)(2), 5303.104-7(f), 5303.104-9(b), 5303.602, 5303.705(a), 5303.1003(b)(2)(i), 5303.1104(b)-Adds references to the AFRCO.

5303.104-5(c)(2) See MP5301.601(a)(i). In cases where the MAJCOM/DRU/HQ AFICA/AFRCO SCO (or for AFLCMC and SMC, the SCCO) is the individual disqualified from participation in a procurement, the DAS(C) must authorize the individual to resume participation in the procurement. The ASAF(A) and their civilian or military deputy have the authority to permit the DAS(C) or ADAS(C) to resume participation in a procurement following contact with an offeror regarding non-Federal employment.

****
5303.104-7(f) Submit the justification through the MAJCOM/DRU/HQ AFICA/AFRCO SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC for approval (see MP5301.601(a)(i)).

****

5303.104-9(b) If information received under FAR 52.203-10, Price or Fee Adjustment for Illegal or Improper Activity, indicates that a price or fee adjustment may be appropriate, the contracting officer must submit notification to the MAJCOM/DRU/HQ AFICA/AFRCO SCO (or for AFLCMC and SMC, the SCCO) and to SAF/GCR.

****
5303.602 Exceptions

Submit requests through the MAJCOM/DRU/HQ AFICA/AFRCO SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC for approval (see MP5301.601(a)(i)). Follow MP5303.602 for exceptions to FAR 3.601.

****
5303.705(a) The contracting officer must forward the facts concerning a final conviction, to include a copy of the conviction, to SAF/GCR within 30 days after learning of the conviction. The contracting officer must forward the report to the MAJCOM/DRU/HQ AFICA/AFRCO SCO (or for AFLCMC and SMC, the SCCO) within 10 calendar days after the contracting activity learns of the conviction.

****
5303.1003(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 must promptly provide a copy of any disclosure or notification received to the MAJCOM/DRU/HQ AFICA/AFRCO SCO (or for AFLCMC and SMC, the SCCO) and to SAF/GCR using the procedures at 5309.406-3.

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5303.1104(b) MAJCOM/DRU/HQ AFICA/AFRCO SCOs (or for AFLCMC and SMC, the SCCO) must submit determinations to SAF/AQC for HCA approval (see MP5301.601(a)(i)).

5304

5304.402, 5304.403-Adds information regarding National Interest Determinations (NIDs). 5304.803-Incorporates Policy Memo 14-C-05, AFFARS Changes Resulting From the Inactivation of AFISRA, and adds references and hyperlinks to Contract File Checklist templates. 5304.7103-Deletes reference to IG5304.7103.

5304.402 General

(a) AFI 31-601, Industrial Security Program Management, provides guidance for implementing the Air Force’s National Industrial Security Program. This instruction clarifies responsibilities and procedures for processing National Interest Determinations (NID).

(b) AFI 16-701, Management, Administration and Oversight of Special Access Programs, establishes responsibilities for the management, administration and oversight of Special Access Programs. This instruction provides additional guidance for processing AF Special Access Program NIDs.

5304.402 Responsibilities of Contracting Officers

(a) Upon receiving adequate written justification from the requesting program office or activity, the Contracting Officer reviews, validates, and processes the NID and associated written approvals, in accordance with Air Force instruction.

(b) The Contracting Officer shall maintain a copy of the approved program, project, or contract specific NID package in the contract file.

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5304.803 Contents of Contract Files

MAJCOMs/DRUs/HQ AFICA/AFRCO and SMC may use the Air Force contract file content index templates below, or their own specific contract file content checklist or index to maintain contract files:

Operational Services and Construction File Checklist
Research and Development File Checklist
Systems and Logistics File Checklist

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5305

5305.202(b), 5305.303(a)(ii)-Incorporates Policy Memo 14-C-05, AFFARS Changes Resulting From the Inactivation of AFISRA. 5305.202(b)-Adds reference to the AFRCO. 5305.303(a)-Editorial change.

5305.202 Exceptions

(b) The contracting officer must submit requests through the MAJCOM/DRU/HQ AFICA/AFRCO SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC. The request must address the impact of issuing an advance notice, state why the notice is not appropriate or reasonable and identify alternative actions to optimize opportunities for small business participation.

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5305.303 Announcement of Contract Awards

(a) Public Announcement. Information on awards must not be released and awards shall not be made until after the agency announces the award on www.defense.gov/contracts. This requirement also applies to other transactions.

(ii) The contracting officer must submit all 1279 reports to SAF/LLP by close of business three workdays before the date of the proposed contract award. For actions valued at $50M and above, email a courtesy copy of the 1279 report to the cognizant MAJCOM/DRU/HQ AFICA SCO (or for AFLCMC and SMC, the SCCO), and to SAF/AQC. Follow MP5305.303 to prepare 1279 reports.

5306

5306.302-2(c)(1), 5306.304(a)*, 5306.304(a)(4), 5306.501-Incorporates Policy Memo 14-C-05, AFFARS Changes Resulting From the Inactivation of AFISRA. 5306.302-2(c)(1), 5306.304(a)*, 5306.304(a)(4), 5306.501-Adds references to the AFRCO. 5306.304*-Editorial changes.

5306.302-2 Unusual and Compelling Urgency

(c)(1) Contracting Officers must notify SAF/AQC and their MAJCOM/DRU/HQ AFICA/AFRCO SCO (or for AFLCMC and SMC, the SCCO) as soon as practicable when contemplating the use of this authority for a J&A requiring Senior Procurement Executive (SPE) approval.

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5306.304(a) * Justification and approval (J&A) for actions exceeding $85.5M must be coordinated with the DAS(C) or the ADAS(C) and approved by the Senior Procurement Executive (SPE). The contracting officer must submit justifications requiring approval by the SPE simultaneously to SAF/AQ and to SAF/AQC after coordination by the MAJCOM/DRU/HQ AFICA/AFRCO SCO (or for AFLCMC and SMC, the SCCO). Allow 30 days for staffing and SPE approval after receipt by SAF/AQ. Include the approved acquisition strategy (or a draft acquisition strategy if the strategy document has not been approved) with the J&A package. If a J&A supports an indefinite-delivery indefinite-quantity type contract, see AFFARS 5316.504(c)(1)(ii)(D) for processing instructions. The MAJCOM/DRU/HQ AFICA/AFRCO SCO (or for AFLCMC and SMC, the SCCO) may authorize solicitation release after the justification is reviewed for adequacy and forwarded to SAF/AQ and SAF/AQC. Submit questions or concerns regarding processing a J&A for SPE approval to SAF/AQC.

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5306.501 Requirement

The DAS(C) is the designated Air Force Competition Advocate General. The following organizations are designated as “procuring activities”:

5307

5307.104-92(b), 5307.104-93, 5307.170-3(a)(3)-Incorporates Policy Memo 14-C-05, AFFARS Changes Resulting From the Inactivation of AFISRA. 5307.104-92(b), 5307.104-93, 5307.170-3(a)(3)-Adds references to the AFRCO.

5307.104-92(b) ASP chairpersons

Acquisition Strategy Panels

Acquisition Type

ASP Chairperson

ACAT or Special Designated Programs

See AFI 63-101

PEO - Services

See AFI 63-138

Other Contracting - Supplies

MAJCOM/DRU/HQ AFICA/AFRCO SCO (or for AFLCMC and SMC, the SCCO) or designee

Other Contracting - Services

Services Designated Official (SDO) or designee; when no SDO, the MAJCOM/DRU/HQ AFICA/AFRCO SCO (or for AFLCMC and SMC, the SCCO) or designee

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5307.104-93 Acquisition Plan (AP) Approval Authority

AP Approval

Acquisition Type

Document

AP Approval Authority

PEO – Supplies

Acquisition Plan

See AFI 63-101

Other Contracting –
Supplies > $10M

Acquisition Plan

MAJCOM/DRU/HQ AFICA/AFRCO SCO (or for AFLCMC and SMC, the SCCO) or designee

Other Contracting –
Services > $10M

Acquisition Plan

SDO or designee; when no SDO, the MAJCOM/DRU/HQ AFICA/AFRCO SCO (or for AFLCMC and SMC, the SCCO) or designee

PEO – Services > $10M

Acquisition Plan

See AFI 63-138

> SAT < $10M

Streamlined Acquisition Strategy Summary (SASS) *

1 level above CO

    * AP may be prepared at the discretion of the CO or the approval authority for those actions where an AP would be more appropriate.

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5307.170-3 Policy and Procedures

(a)(3) The DAS(C) or ADAS(C) is the authority to make the consolidation determination for actions $100 million or greater. The DAS(C) has delegated the authority to make the consolidation determination for actions less than $100 million to the MAJCOM/DRU/HQ AFICA/AFRCO SCOs (or for AFLCMC and SMC, the SCCOs). This authority may not be redelegated to other than an SCCO (or for AFICA, an AFICA/K_ (OL-supported MAJCOM) SCO). The determination must include the acquisition strategy information required in DFARS 207.170-3. The determination may be included in an AS/LCMP/Commodity Sourcing Strategy/AP when coordination of the approving official in accordance with (a)(3) is accomplished as part of the approval process. When preparing these documents clearly identify the consolidation determination. Coordination on such documents by the DAS(C) or ADAS(C) is approval of the required documentation. For all other consolidation determinations requiring DAS(C) or ADAS(C) approval, prepare a separate Determinations and Findings document.

5308

5308.405-6(d)-Adds a reference and hyperlink to the Limited Sources template.

5308.405-6(d) Justification Approvals

See AFFARS 5306.304 (a) for the approving officials for proposed orders or BPAs using the limited or sole source justification at FAR 8.405-6(a)-(c). See the tailorable Limited Sources template.

5309

5309.405(a) 5309.406-3(a)(i), 5309.503-Incorporates Policy Memo 14-C-05, AFFARS Changes Resulting From the Inactivation of AFISRA. 5309.405(a) 5309.406-3(a)(i), 5309.503-Adds references to the AFRCO.

5309.405(a) The contracting officer must submit a request for a compelling reason exception through their MAJCOM/DRU/HQ AFICA/AFRCO SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC, with a copy to SAF/GCR. The request must 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.

5309.406-3(a)(i) The contracting officer or the referring person must promptly notify SAF/GCR, their MAJCOM/DRU/HQ AFICA/AFRCO SCO (or for AFLCMC and SMC, the SCCO), and their designated legal counsel with all known information relating to the following:

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5309.503 Waiver

Forward requests to waive FAR 9.5 requirements through the MAJCOM/DRU/HQ AFICA/AFRCO SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC for HCA approval (see MP5301.601(a)(i)).

5310

5310.002-Adds a reference and hyperlink to the Market Research template.

5310.002 Procedures

See the tailorable Product/Service Market Research Report template.

5311

5311.273-3(3)-Incorporates Policy Memo 14-C-05, AFFARS Changes Resulting From the Inactivation of AFISRA, and adds reference to the AFRCO.

5311.273-3 Procedures

(3) Submit determinations through the MAJCOM/DRU/HQ AFICA/AFRCO SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC for HCA approval (see MP5301.601(a)(i)).

5315

5315.209(S-92), 5315.403-1(c)(3)(B), 5315.403-1(c)(4)(A), 5315.403-1(c)(4)(B), 5315.403-4(a)(2), 5315.406-1(b)(ii)-Incorporates Policy Memo 14-C-05, AFFARS Changes Resulting From the Inactivation of AFISRA. 5315.209(S-92), 5315.403-1(c)(3)(B), 5315.403-1(c)(4)(A), 5315.403-1(c)(4)(B), 5315.403-4(a)(2), 5315.406-1(b)(ii)-Adds references to the AFRCO.

5315.209(S-92) The contracting officer may not award a contract that includes or modify a contract to include a special contract requirement commonly referred to as “Tail Up” or “Last Lot Inefficiency,” the purpose of which is to recognize costs related to a loss of productivity for the direct labor workforce or increased supplier costs as a production line nears shutdown, without the express written approval of the DAS(C) or ADAS(C). Not less than 60 days prior to release of a solicitation or a proposed contract modification, the MAJCOM/DRU/AFRCO SCO (or for AFLCMC and SMC, the SCCO) must submit a copy of the special contract requirement proposed for use, together with any supporting documentation to SAF/AQC for approval.
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5315.403-1(c)(3)(B) Report Content. The MAJCOM/DRU/HQ AFICA SCO (and for AFLCMC and SMC, the SCCO) must consolidate and submit the information as outlined in DFARS PGI 215.403-1(c)(3)(B), or submit a negative report for their organization, to HQ AFMC/PKF no later than 15 October each year. HQ AFMC/PKF must consolidate all of the MAJCOM/DRU/HQ AFICA/AFLCMC, and SMC reports and submit a final report to SAF/AQCP no later than 8 November each year. SAF/AQCP will submit the annual report to DPAP.

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5315.403-4(a)(2) The contracting officer must submit the Determination and Findings through their MAJCOM/DRU/HQ AFICA/AFRCO SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC for HCA signature (see MP5301.601(a)(i)).

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5315.406-1(b)(ii) Adjudication Procedures. The contracting officer must forward DCAA requests for Air Force management review through their management chain, and provide the MAJCOM/DRU/HQ AFICA/AFRCO SCO (or for AFLCMC and SMC, the SCCO) name and contact information to the cognizant DCAA representative. If disagreements remain, the MAJCOM/DRU/HQ AFICA/AFRCO SCO (or for SMC, the SCCO) must elevate the issue to SAF/AQC to support any request from DCAA for further elevation of the issue(s).

5316

5316.206-3(d), 5316.405-2(1), 5316.504(c)(1)(ii)(D), 5316.601(d)(1)(A)(1)(i), 5316.601(d)(1)(A)(2)-Incorporates Policy Memo 14-C-05, AFFARS Changes Resulting From the Inactivation of AFISRA. 5316.505(b)(2)-Adds a reference and hyperlink to the Justification for an Exception to Fair Opportunity template. 5316.206-3(d), 5316.405-2(1), 5316.504(c)(1)(ii)(D), 5316.601(d)(1)(A)(1)(i), 5316.601(d)(1)(A)(2)-Adds references to the AFRCO.

5316.206-3 Limitations

(d) Submit requests through the MAJCOM/DRU/HQ AFICA/AFRCO SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC for HCA approval (See MP5301.601(a)(i)).

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5316.405-2(1) Award-fee pool. Submit requests through the MAJCOM/DRU/HQ AFICA/AFRCO SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC for HCA approval (see MP5301.601(a)(i)).

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5316.504(c)(1)(ii)(D) Limitation on single award contracts.

The contracting officer must submit all D&Fs through the MAJCOM/DRU/HQ AFICA/AFRCO SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC for processing to the SPE for approval. When a J&A is required, the J&A package must be submitted with the D&F. D&Fs using the exception that only one source is qualified and capable of performing the work at a reasonable price to the Government should cite and attach the J&A as part of the staffing package.

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5316.505(b)(2) See 5306.304 (a) for the approving officials for a proposed task or delivery order using the fair opportunity exceptions at FAR 16.505(b)(2). See the tailorable Justification for an Exception to Fair Opportunity template.

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5316.601(d)(1)(A)(1)(i) Determinations and Findings (D&F) required pursuant to DFARS 216.601(d)(1)(A)(1)(i) must be approved by the MAJCOM/DRU/HQ AFICA/AFRCO SCO (or for AFLCMC and SMC, the SCCO).

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5316.601(d)(1)(A)(2) Submit the D&F required pursuant to DFARS 216.601(d)(1)(A)(2) through the MAJCOM/DRU/HQ AFICA/AFRCO SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC for approval. See MP5301.601(a)(i).

5317

5317.170(e)(1), 5317.171(c), 5317.172(e)(2), 5317.172(g), 5317.174(b), 5317.204(e)(i)(C), 5317.204(e)(iv), 5317.7402(b), 5317.7404-3, 5317.7404-5(b), 5317.7405--Incorporates Policy Memo 14-C-05, AFFARS Changes Resulting From the Inactivation of AFISRA. 5317.7404-1-Adds a reference and hyperlink to the Request for Authority to Issue a UCA template. 5317.170(e)(1), 5317.171(c), 5317.172(e)(2), 5317.172(g), 5317.174(b), 5317.204(e)(i)(C), 5317.204(e)(iv), 5317.7402(b), 5317.7404-3, 5317.7404-5(b), 5317.7405-Adds references to the AFRCO.

5317.170(e)(1) The contracting officer must provide the congressional notification described in DFARS 217.170(e)(1), using the 1279 format in MP5305.303, to SAF/AQC 40 days before the planned contract award date, with an information copy to SAF/FMBL, SAF/LLP, and the MAJCOM/DRU/HQ AFICA SCO (or for AFLCMC and SMC, the SCCO). SAF/AQC will notify the DoD offices listed in DFARS 217.170(e)(4). This congressional notification does not fulfill the requirement to announce contract awards in accordance with FAR 5.3, as supplemented.

5317.171(c) The contracting officer must provide the determination described in DFARS 217.171(c) through the MAJCOM/DRU/HQ AFICA/AFRCO SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC for approval processing.

5317.172(e)(2) The contracting officer must provide the determination described in DFARS 217.172(e)(2) through the MAJCOM/DRU/HQ AFICA/AFRCO SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC for approval (see MP5301.601(a)(i)).

(g) The contracting officer must provide the information supporting all requirements described in DFARS 217.172(g)(2) through the MAJCOM/DRU/HQ AFICA/AFRCO SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC for approval processing.

5317.174(b) The contracting officer must provide the determination described in DFARS 217.174(b) through the MAJCOM/DRU/HQ AFICA/AFRCO SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC for approval (see MP5301.601(a)(i)).

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5317.204(e)(i)(C) SAF/AQ must make the determination. Requests for approval must be submitted through the MAJCOM/DRU/HQ AFICA/AFRCO SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC.

5317.204(e)(iv) Requests for approval must be submitted through the MAJCOM/DRU/HQ AFICA/AFRCO SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC at least 30 days prior to issuing an order.

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5317.7402(b) To comply with the requirements described in DFARS 217.7402, MAJCOM/DRU/HQ AFICA/AFRCO SCOs, or the SCCOs at AFLCMC and SMC, must provide notification to SAF/AQC 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 must include detailed rationale to support the determination. Any applicable special access program action must be forwarded, through secure program channels, to SAF/AQC.

5317.7404-1 Authorization

See MP5301.601(a)(i). See the tailorable Request for Authority to Issue a UCA template.

5317.7404-3 Definitization Schedule

For any UCA that falls more than 14 days behind its schedule at any point in the definitization process, the cognizant MAJCOM/DRU/HQ AFICA/AFRCO SCO (or for AFLCMC and SMC, the 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, must be sent to SAF/AQC. AFRCO will communicate status directly with the DAS(C)/ADAS(C), as appropriate. See MP5317.74 for UCA proposal instructions and contracting officer file documentation.

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 must be submitted through the MAJCOM/DRU/HQ AFICA/AFRCO SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC with appropriate justification for consideration.

5317.7405 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. MAJCOM/DRU/HQ AFICA SCOs (or for AFLCMC and SMC, the SCCOs) are required to ensure UCA data is current in the reporting tool. AFRCO will provide the information directly to the DAS(C)/ADAS(C), as appropriate. SAF/AQC will consolidate the UCA reports and submit a consolidated report to OUSD (AT&L)/DPAP no later than April 30 and October 31 of each year.

5318

5318.201(c)(1)(B), 5318.201(c)(1)(B)2.-Incorporates Policy Memo 14-C-05, AFFARS Changes Resulting From the Inactivation of AFISRA.

5318.201(c)(1)(B) CCO Appointments. MAJCOM/DRU/HQ AFICA SCOs and SMC and AFLCMC SCCOs must select and appoint CCOs and terminate their appointments in accordance with this section.

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5318.201(c)(1)(B)2. MAJCOM/DRU/HQ AFICA SCOs may delegate authority to issue CCO warrants of less than $5M and terminate appointments of less than $5M, but in no event will the designee be lower than the COCO.

5319

5319.201(d)(10)(B), 5319.505(d), 5319.810-Incorporates Policy Memo 14-C-05, AFFARS Changes Resulting From the Inactivation of AFISRA.

5319.201(d)(10)(B) SB specialists/PCRs must be included early in the acquisition planning process. SB specialists are required to review all acquisitions expected to exceed $10,000 (to include awards against GSA instruments but excluding awards under the Small Business Innovation Research/Small Business Technology Transfer Programs). Document review on the DD Form 2579, Small Business Coordination Record. Except for AFMC and SMC, forward a copy of all completed DD Forms 2579 in excess of $1,000,000 to the applicable MAJCOM/DRU/HQ AFICA Director of Small Business prior to convening an Acquisition Strategy Panel or prior to finalizing the Acquisition Strategy if an ASP is not convened. In those instances where the SB specialist and the SBA/PCR are precluded from the review process due to security classification, the Contracting Officer must complete a DD Form 2579, Small Business Coordination Record, and the COCO must review and coordinate on the DD Form 2579.

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5319.505(d) When notified by the SBA that it has filed an appeal with the Agency Head, follow MP5319 to prepare an appeal file. Forward the appeal file through the MAJCOM/DRU/HQ AFICA SCO (or for AFLCMC and SMC, the SCCO) to SAF/SB to arrive in SAF/SB within ten workdays after receipt of the formal appeal.

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5319.810 SBA Appeals

When notified by the SBA that it has filed an appeal with the Agency Head, follow MP5319 to prepare an appeal file. Forward the appeal file through the MAJCOM/DRU/HQ AFICA SCO (or for AFLCMC and SMC, the SCCO) to SAF/SB to arrive in SAF/SB within ten workdays after receipt of the formal appeal.

5325

5325.1001(a)(2)(iii), 5325.7002-2(b)(1)(iv), 5325.7003-3(b)-(c)-Incorporates Policy Memo 14-C-05, AFFARS Changes Resulting From the Inactivation of AFISRA. 5325.1001(a)(2)(iii), 5325.7002-2(b)(1)(iv), 5325.7003-3(b)-(c)-Adds references to the AFRCO.

5325.1001(a)(2)(iii) Conditions for use of FAR 52.215-2, Alternate III. Submit requests for agency head determinations following the format at FAR 25.1001(b), through the MAJCOM/DRU/HQ AFICA/AFRCO SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC.

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5325.7002-2(b)(1)(iv) When the Contracting Officer determines through market research, that an article or suitable substitute is not available from a domestic source, the Contracting Officer must submit a Domestic Non-availability Determination (DNAD). The DNAD must be submitted through the MAJCOM/DRU/HQ AFICA/AFRCO SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC for approval by the Secretary of the Air Force (nondelegable).

5325.7003-3 Exceptions

(b) When the Contracting Officer determines, through market research, that a specialty metal melted or produced in the United States or its possessions cannot be procured in satisfactory quality and sufficient quantity, and in the required form, as and when needed, submit a DNAD. The DNAD must be submitted through the MAJCOM/DRU/HQ AFICA/AFRCO SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC for approval by the Secretary of the Air Force (nondelegable).

(c) When a contractor or offeror submits a “Commercial Derivative Military Article-Specialty Metals Compliance Certificate” (DFARS 252.225-7010) for streamlined compliance for Commercial Derivative Military Articles (CDMA), the Secretary of the Air Force must determine that the item is a CDMA as defined at DFARS 252.225-7009 before using the rules for streamlined compliance for CDMA. The contracting officer must follow the procedures in DFARS 225.7003-3 and submit the CMDA D&F through the MAJCOM/DRU/HQ AFICA/AFRCO SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC for approval by the Secretary of the Air Force (nondelegable).

5328

5328.1-Adds reference and hyperlink to the Contract Bonds Checklist template. 5328.305(d)-Incorporates Policy Memo 14-C-05, AFFARS Changes Resulting From the Inactivation of AFISRA.

5328.1 Bonds

See the tailorable Contract Bonds Checklist template.

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5328.305 Overseas Workers Compensation and War Hazard Insurance

(d) Submit waiver requests to the SAF/AQC Labor Advisor, with an information copy to the MAJCOM/DRU/HQ AFICA SCO (or for AFLCMC and SMC, the SCCO).

5330

5330.201-5(a)(2), 5330.201-5(e)-Incorporates Policy Memo 14-C-05, AFFARS Changes Resulting From the Inactivation of AFISRA. 5330.201-5(a)(2), 5330.201-5(e)-Adds reference to the AFRCO.

5330.201-5 Waivers

(a)(2) The DAS(C)/ADAS(C) is the CAS waiver authority. Submit CAS waiver requests through the MAJCOM/DRU/HQ AFICA/AFRCO SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC for OUSD(AT&L)/DPAP review and SAF/AQC approval, no later than 45 days before the anticipated contract award. Waiver requests must 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) MAJCOM/DRU/HQ AFICA SCOs (and for AFLCMC and SMC, the SCCO) must submit a consolidated annual report of exceptional case CAS waivers in the format required by DFARS PGI 230.201-5(e), or a negative report, to HQ AFMC/PKF no later than 15 October each year. HQ AFMC/PKF must consolidate all of the MAJCOM/DRU/HQ AFICA and SMC reports and submit a final report to SAF/AQCP no later than 8 November each year. SAF/AQC will submit the annual Air Force report to DPAP/CPIC. AFRCO will provide the information directly to the DAS(C)/ADAS(C), as appropriate.

5332

5332.104(a)(5), 5332.104(c)(2), 5332.202-1(b)(8), 5332.402(e)(2), 5332.501-2(a)(3), 5332.501-3(a), 5332.607(a)-Incorporates Policy Memo 14-C-05, AFFARS Changes Resulting From the Inactivation of AFISRA. 5332.104(a)(5), 5332.104(c)(2), 5332.202-1(b)(8), 5332.402(e)(2), 5332.501-2(a)(3), 5332.501-3(a), 5332.607(a)-Adds references to the AFRCO.

5332.104(a)(5) Report known adverse developments affecting a contractor or subcontractor to the contract administration office, other interested Government parties, and the MAJCOM/DRU/HQ AFICA/AFRCO SCO (or for AFLCMC and SMC, the SCCO). 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 must 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/DRU/HQ AFICA/AFRCO SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC.

(c)(2) The contracting officer must submit any unusual financing requests by a contractor to the MAJCOM/DRU/HQ AFICA/AFRCO (or for AFLCMC and SMC, the SCCO) contracting staff for consultation. If the MAJCOM/DRU/HQ AFICA/AFRCO SCO (or for AFLCMC and SMC, the SCCO) determines unusual financing is required, the SCO/SCCO must submit a memorandum outlining the pertinent facts together with a recommendation on the action to be taken through SAF/AQC to SAF/FMPA no later than 30 days before the needed effective date of the proposed financing arrangement.

5332.202-1(b)(8) Authorization. The contracting officer must submit all commercial interim payment requests and commercial advance payment requests through the MAJCOM/DRU/HQ AFICA/AFRCO SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC for forwarding to SAF/FMPA for review and approval.

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5332.402(e)(2) The contracting officer must submit each advance payment request through the MAJCOM/DRU/HQ AFICA/AFRCO SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC for submission to SAF/FMPA for review and approval. See MP5332.470 for processing advance payment requests.

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5332.501-2(a)(3) The contracting officer must submit contractor requests for unusual progress payments through the MAJCOM/DRU/HQ AFICA/AFRCO SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC with a recommendation to approve or disapprove the request. SAF/AQC will forward all requests for unusual progress payments, whether recommended for approval or disapproval, to SAF/FMPA with all pertinent data supporting the recommended action for approval and submission to OUSD(AT&L)DPAP.

5332.501-3(a) When the estimated contract costs increase such that the estimate of the unusual progress payments increase $20 million or more over the approved unusual progress payment estimate, the contracting officer must notify SAF/FMPA through their MAJCOM/DRU/HQ AFICA/AFRCO SCO (or for AFLCMC and SMC, the SCCO), with a courtesy copy to SAF/AQC.

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5332.607(a) When a request for deferment of a contract debt is received from a contractor, the contracting officer must forward the request for deferment to the MAJCOM/DRU/HQ AFICA/AFRCO SCO (or for AFLCMC and SMC, the SCCO). The SCO/SCCO must submit, on a priority basis, an evaluation of the contractor’s request with the necessary reporting information and recommendation through SAF/AQC to SAF/FMPA.

5333

5333.103(d)(4), 5333.104(b)(1), 5333.104(c)(2), 5333.104(g), 5333.105, 5333.170, 5333.290(b)-(c), 5333.291(b), 5333.292(b)-Incorporates Policy Memo 14-C-05, AFFARS Changes Resulting From the Inactivation of AFISRA. 5333.211-Adds a reference and hyperlink to the Contracting Officers Final Decision template. 5333.103(d)(4), 5333.104(b)(1), 5333.104(c)(2), 5333.104(g), 5333.105, 5333.170, 5333.290(b)-(c), 5333.291(b), 5333.292(b)-Adds references to the AFRCO. 5333.291(c)-Deleted reference to rescinded AF Supplement to DoD 5400.7R. 5333.214(c)-Administrative changes throughout changing SAF/GCD to SAF/GCR.

5333.103(d)(4) When an agency protest is denied, an offeror may request an independent review by the MAJCOM/DRU/HQ AFICA/AFRCO SCO (or for AFLCMC and SMC, the SCCO).

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5333.104(b)(1) Forward the determination and finding through the MAJCOM/DRU/HQ AFICA/AFRCO SCO (or for AFLCMC and SMC, the SCCO) to AFLOA/JAQ and, for approval, to SAF/AQC within seven days of the protest notification to SAF/AQC (see MP5301.601(a)(i)).

5333.104(c)(2) Forward the determination and finding through the MAJCOM/DRU/HQ AFICA/AFRCO SCO (or for AFLCMC and SMC, the SCCO) to AFLOA/JAQ and, for approval, to SAF/AQC within seven days of the protest notification to SAF/AQC (see MP5301.601(a)(i)).

5333.104(g) Notice to GAO.

Forward the report through the MAJCOM/DRU/HQ AFICA/AFRCO SCO (or for AFLCMC and SMC, the SCCO) to AFLOA/JAQ and to SAF/AQC for signature and submission to GAO within fifty-five days of date of receipt of the GAO recommendations (see MP5301.601(a)(i)).

5333.105 Protests to the United States Court of Federal Claims (COFC)

The Commercial Law and Litigation Directorate of the Air Force Legal Operations Agency (AFLOA/JAQ) serves as the Air Force agency counsel to the Department of Justice (DoJ) for protests at the COFC and assists the assigned DoJ attorney in defending Air Force interests. The contracting officer must inform AFLOA/JAQ of any notice of protest at the COFC and provide support as requested by AFLOA/JAQ. Also notify the MAJCOM/DRU/HQ AFICA/AFRCO SCO (or for AFLCMC and SMC, the SCCO) and the supporting field legal office.

5333.170 Briefing Requirement for Protested Acquisitions Valued at $1B or More

Forward the briefing slide deck through the MAJCOM/DRU/HQ AFICA/AFRCO SCO (or for AFLCMC and SMC, the SCCO) to AFLOA/JAQ and to SAF/AQC for review within seven (7) days of the filing of the protest.

5333.211 Contracting Officers Decision

See the tailorable Contracting Officers Final Decision template.

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5333.214(c) The acquisition team must use ADR to the maximum extent practicable (see AFPD 51-12, Alternate Disputes Resolution). ADR must also be used to resolve protests to the maximum extent practicable. The acquisition team must attempt to use ADR prior to the commencement of litigation once unassisted negotiations have reached an impasse. Further, ADR must be offered in litigation, unless one of the exceptions in 5 U.S.C. 572(b) applies or the policy set forth by Deputy General Counsel (Contractor Responsibility & Conflict Resolution (SAF/GCR)) indicates that ADR is not appropriate.

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5333.290(b) Prior to making a final decision on a claim or termination for default (including a termination for cause under FAR Part 12), the contracting officer must 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, must seek review by AFLOA/JAQ of all proposed final decisions. At the same time, the contracting officer must provide SAF/GCR 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. The contracting officer or the referring person must promptly notify SAF/GCR and their MAJCOM/DRU/HQ AFICA/AFRCO SCO (or for AFLCMC and SMC, the SCCO) with all known information relating to any recommended termination for default.

(c) The contracting officer must 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 MAJCOM/DRU/HQ AFICA/AFRCO SCO (or for AFLCMC and SMC, the SCCO). The contracting officer must provide to AFLOA/JAQ, with a copy to SAF/GCR, 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 (FAR 33.206)] within 6 years after the accrual of the claim.

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5333.291(b) If the contractor files an appeal with the ASBCA, the contracting officer must notify the MAJCOM/DRU/HQ AFICA/AFRCO SCO (or for AFLCMC and SMC, the SCCO) and forward to AFLOA/JAQ 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 must immediately notify AFLOA/JAQ of the date the appeal was received and forward to AFLOA/JAQ 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 must forward the original appeal and envelope to AFLOA/JAQ, which will then forward the appeal and envelope to the ASBCA, as necessary.

(c) The contracting officer must 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 must consult with AFLOA/JAQ 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, and FAR 24.2.

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5333.292(b) The contracting officer must notify the cognizant legal office and the MAJCOM/DRU/HQ AFICA/AFRCO SCO (or for AFLCMC and SMC, the SCCO) of any notice of appeal to the COFC. The cognizant legal office must forward a copy of the notice to SAF/GCR and AFLOA/JAQ.

5337

5337.204-Incorporates Policy Memo 14-C-05, AFFARS Changes Resulting From the Inactivation of AFISRA, and adds reference to the AFRCO.

5337.204 Guidelines for Determining Availability of Personnel

This approval has been delegated to MAJCOM/DRU/HQ AFICA/AFRCO Commanders and, within AFMC and SMC, to the Center Commanders.

5343

5343.204-70-1(b), 5343.204-70-7-Incorporates Policy Memo 14-C-05, AFFARS Changes Resulting From the Inactivation of AFISRA. 5343.204-70-1(b)-Adds reference to the AFRCO.

5343.204-70-1 Scope

(b) The MAJCOM/DRU/HQ AFICA/AFRCO SCO (or for AFLCMC and SMC, the SCCO) must provide notification to SAF/AQC 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 must include detailed rationale to support the determination. Any applicable special access program action must be forwarded, through secure program channels, to SAF/AQC.

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5343.204-70-7 Plans and Reports

The MAJCOM/DRU/HQ AFICA SCO (or for AFLCMC and SMC, the SCCO) must submit a monthly UCA update, including unpriced change orders by the 10th of each month. The SCO/SCCO must ensure the data reported for unpriced change orders is current in the reporting tool. AFRCO will provide the information directly to the DAS(C)/ADAS(C), as appropriate. SAF/AQC will submit a consolidated report to OUSD (AT&L)/DPAP no later than April 30 and October 31 of each year.

5345

5345.102(e)(4)(ii)(C)(1)(i)-Incorporates Policy Memo 14-C-05, AFFARS Changes Resulting From the Inactivation of AFISRA, and add reference to the AFRCO.

5345.102(e)(4)(ii)(C)(1)(i) Forward the D&F for an ACAT I program through the MAJCOM/DRU/HQ AFICA/AFRCO SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC for processing to the CAE for approval.

5346

5346.401-Adds a reference and hyperlinks to the Corrective Action Report, Customer Complaint Record, and Performance Assessment Report templates.

5346.401 General

See the tailorable Corrective Action Report, Customer Complaint Record, and Performance Assessment Report templates.

5349

5349.101(b), 5349.402-6(c), 5349.501-70(a), 5349.501-70(c), 5349.7001, 5349.7003(b)(2)(i)-Incorporates Policy Memo 14-C-05, AFFARS Changes Resulting From the Inactivation of AFISRA. 5349.102-Adds a reference and hyperlink to the Termination Authority template. 5349.101(b), 5349.402-6(c), 5349.501-70(a), 5349.501-70(c), 5349.7001, 5349.7003(b)(2)(i)-Adds references to the AFRCO.

5349.101 Authorities and Responsibilities

(b) AFMC and SMC must maintain internal termination procedures. Except for AFMC and SMC, the MAJCOM/DRU/HQ AFICA/AFRCO SCO or command-appointed terminations contracting officer (TCO) must approve a termination for default or cause prior to a contracting officer taking the action. When requesting approval, the contracting officer must provide all relevant documents to include a chronology of key events, cure/show cause notices and responses thereto.

5349.102 Notification of Termination

See the tailorable Termination Authority template.

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5349.402-6 Repurchase Against Contractor’s Account

(c) The contracting officer must provide copies of assessments of excess reprocurement costs through the MAJCOM/DRU/HQ AFICA/AFRCO SCO (or for AFLCMC and SMC, the SCCO) to AFLOA/JAQ.

5349.501-70(a) The contracting officer must process requests to use DFARS 252.249-7000, Special Termination Costs, through the MAJCOM/DRU/HQ AFICA/AFRCO SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC (see MP5349).

5349.501-70(c) The contracting officer must forward a request for SAF/FM approval through their MAJCOM/DRU/HQ AFICA/AFRCO SCO (or for AFLCMC and SMC, the SCCO) and SAF/AQC prior to authorizing any increase in the Government's maximum liability under the clause. SAF/AQC will forward the request to SAF/FM.

5349.7001 Congressional Notification on Significant Contract Terminations

The contracting officer must submit the proposed Congressional notification through the MAJCOM/DRU/HQ AFICA/AFRCO SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC at least five workdays before the proposed termination date. The SAF/AQC action officer will forward the information to SAF/LLP. The contracting officer must not release the termination notice until Congress has been notified (see MP5349).

5349.7003 Notification of Anticipated Terminations or Reductions

(b)(2)(i) The contracting officer must submit the draft notification through the MAJCOM/DRU/HQ AFICA/AFRCO SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC as soon as the proposed termination/reduction is known. SAF/AQC will forward the notification to SAF/AQ for signature (see MP5349).

5350

5350.103-5(a), 5350.104-3(b)(1)-Incorporates Policy Memo 14-C-05, AFFARS Changes Resulting From the Inactivation of AFISRA, and adds references to the AFRCO.

5350.103-5 Processing Cases

(a) All requests for relief and all related documents, certifications, correspondence, reports, files, and a proposed memorandum of decision must be forwarded through the MAJCOM/DRU/HQ AFICA/AFRCO SCO (or for AFLCMC and SMC, the SCCO) to the approving official. Follow MP5350.103-5 for processing requests for contract adjustments due to extraordinary contractual actions.

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5350.104-3(b)(1) Action on Indemnification Requests

Upon completion of all buying activity coordination, the contracting officer must forward the indemnification request through the MAJCOM/DRU/HQ AFICA/AFRCO SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC for staffing to the SECAF.

5352

5352.201-9101(c)-Incorporates Policy Memo 14-C-05, AFFARS Changes Resulting From the Inactivation of AFISRA, and adds references to the AFRCO. 5352.204-9000(a)(7) & (b)(1)-Administrative change.

5352.201-9101(c) If resolution cannot be made by the contracting officer, the interested party may contact the ombudsman, [Insert names, addresses, telephone numbers, facsimile numbers, and e-mail addresses of Center/MAJCOM/DRU/HQ AFICA/AFRCO/SMC ombudsman/ombudsmen]. Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/DRU/HQ AFICA/SMC ombudsman level, may be brought by the interested party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (571) 256-2395, facsimile number (571) 256-2431.

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5352.204-9000(a)(7)Any changes to information previously provided under this clause.

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This requirement is in addition to visit request procedures contained in DOD 5220.22-M, National Industrial Security Program Operating Manual, and DOD 5220.22-M-Sup 1.

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5352.204-9000(b)(1) By the installation for the contractor, such as providing storage and classified reproduction facilities, guard services, security forms, security inspections under DOD 5220.22-M and DOD 5220.22-M-Sup 1, classified mail services, security badges, visitor control, and investigating security incidents;

MP5301.170(a)

Incorporates Policy Memo 14-C-05, AFFARS Changes Resulting From the Inactivation of AFISRA.

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2. Phase 1 Peer Reviews (prior to commencement of negotiations)

a. No later than 10 business days prior to the scheduled Phase 1 review, the contracting officer must forward the completed Request for Business Clearance (non-competitive) template, including the Preliminary Price Negotiation Memorandum and related attachments, and the Request for Business Clearance (non-competitive) briefing charts through the MAJCOM/DRU/HQ AFICA SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC. On a case-by-case basis, additional supporting documentation may be requested in support of the SAF/AQC and/or DoD review. The Business Clearance Session to brief the DAS(C)/ADAS(C) will occur prior to the commencement of the Phase 1 review (see MP5301.9001 (f), paragraph 1.a).

MP5301.601-91

Incorporates Policy Memo 14-C-05, AFFARS Changes Resulting From the Inactivation of AFISRA, and adds references to AFRCO. Contains major changes regarding conversion of the Compliance Inspection to the Self-Assessment Program.


1. Objective.
The Air Force Self-Assessment program assesses compliance with federal laws, regulatory policies, and DoD and AF directives and instructions across the enterprise. It is also used to verify adequacy of contract preparation.

2. Self-Assessment Program. MAJCOM/DRU/HQ AFICA/AFRCO SCOs (or for SMC, the SCCO), will manage a self-assessment program, which includes both the assessment of individual contract files and the assessment of contracting management programs contained in the Contracting Self-Assessment Communicator (SAC) under AFI 90-201, located on the SAF/IG MICT Website. As a minimum, contracting offices must perform self-assessments of individual contract files on an annual basis. Assessment of contracting management programs and MICT input are based on the requirements contained in AFI 90-201.

For self-assessment of individual contract files reviewed after award, MAJCOM/DRU/HQ AFICA/AFRCO SCOs (or for SMC, the SCCO) may use the applicable sections of the on-line Reviewers Checklist; a comparable organizational checklist for post award reviews; the Air Force Self-Inspection Checklist; or any combination thereof. MAJCOM/DRU/HQ AFICA/AFRCO SCOs (or for SMC, the SCCO) will make this determination.

MAJCOM/DRU/HQ AFICA/AFRCO SCOs (or for SMC, the SCCO) will ensure corrective actions are implemented as a result of any self-assessment. Contracting offices must have a documented program for self-assessment, to include a process for closing resolved findings in a timely manner, ensuring an effective level of review necessary to close a finding, and integrating findings and resolutions into unit training.

3. Reporting. For the annual trend analysis, organizations are authorized to utilize trends found during the self-assessment process, clearance process, peer reviews, or contract committee reviews as the basis for their submissions. MAJCOM/DRU/HQ AFICA/AFRCO SCOs (or for SMC, the SCCO) may determine the content and format for the consolidated trend analysis report. However, the analysis must provide an assessment of unit compliance, findings resolution, including retraining activity, and identify overall patterns of non-compliance observed.

MP5301.602-2(d)

Incorporates Policy Memo 14-C-05, AFFARS Changes Resulting From the Inactivation of AFISRA, and adds references to AFRCO.

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3.0 Quality Assurance Program Coordinator (QAPC)

3.1 Train CORs and COR management (e.g., COR Supervisor, Functional Commanders/Directors (FC/FD)) on the contracting requirements associated with the quality assurance program and any MAJCOM/DRU/HQ AFICA/AFRCO /SMC procedures prior to contract award.

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4.0 Qualification Requirements for CORs (Training, Agency Experience, Relevant Technical Experience and General Competencies)

The training requirements specified in OUSD (AT&L) Memorandum, March 29, 2010, DoD Standard for Certification of Contracting Officer’s Representatives (COR) for Service Acquisitions, meet the minimum training requirements for COR designation. MAJCOMs, DRUs, HQ AFICA, AFRCO, and SMC may add additional training requirements to meet their mission.

MP5301.602-3

Incorporates Policy Memo 14-C-05, AFFARS Changes Resulting From the Inactivation of AFISRA, and adds reference to AFRCO.

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5. For ratification of unauthorized commitments equal to or greater than $30,000 of appropriated funds, the contracting officer must forward the file through the wing commander for review by the MAJCOM/DRU/HQ AFICA/AFRCO SCO. For SMC and AFMC organizations, forward the file through the wing commander or equivalent for review by the SCCO. For organizations that do not have a wing commander or equivalent, forward the file to the Center Technology/Functional Director for review. The contracting officer should include words substantially as follows:

MP5301.603

Incorporates Policy Memo 14-C-05, AFFARS Changes Resulting From the Inactivation of AFISRA, and adds references to AFRCO. Paragraphs 2.4.and 3.3.8.-Editoral changes.

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5. Documentation Maintenance. The FP must maintain a folder for each CO which includes the completed Contracting Officer Appointment/Warrant Eligibility Transfer/Termination Request template, documentation requirements of FAR 1.603-2 as supplemented, and a copy of the signed SF1402. A copy of the COT that was administered, as well as a copy of the Warrant board minutes, when a board is conducted, may be retained by the FP in a central location (filed by the date the COT was administered or board was conducted) or filed within the folder for each CO. Additionally, the FP must enter the most current SF1402 and up to three (3) past SF1402s into the AF Contracting Officer Warrant Tracking Tool. These records (hard copy and electronic) must be retained for all active appointments to facilitate warrant modifications no less than 12 months after warrant termination to facilitate eligibility transfers and reinstatements.

6. Terminating Appointments. The initiator of a warrant termination (normally the supervisor of the CO), must request termination of a warrant whether for cause, reassignment or employment termination using the Contracting Officer Appointment/Warrant Eligibility Transfer/Termination Request template. Requests for termination of appointments should be submitted at least 14 days prior to the requested termination date. The completed/signed template effecting termination of the appointment must be returned to the FP for file retention (hard copy or electronic).

MP5301.9001(b)

Incorporates Policy Memo 14-C-05, AFFARS Changes Resulting From the Inactivation of AFISRA, and adds reference to AFRCO.

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3.1. Multi-functional Independent Review Team (MIRT). The MIRT is formed at the beginning of each competitive acquisition with membership approved by the CAA. When DAS(C) or ADAS(C) is the CAA, AQC will rely on the MIRT appointed by the MAJCOM/DRU/HQ AFICA/AFRCO SCO (or for AFLCMC and SMC, the SCCO). The CAA may use existing Independent Review Teams, peer reviews, Acquisition Center of Excellence (ACE) established review teams, or other established processes to satisfy this requirement. Note 1 To promote consistency, it is desirable that the same MIRT members participate in each critical decision point review for the duration of the acquisition unless otherwise approved by the CAA. The members of MIRTs must not be members of the source selection/competitive acquisition team. The team must be comprised of government personnel, to the maximum extent practicable.

MP5301.9001(f)

Incorporates Policy Memo 14-C-05, AFFARS Changes Resulting From the Inactivation of AFISRA.

1.a. After submission of documentation required by MP5301.170(a), paragraph 2.a., the Contracting Officer must coordinate with the assigned AQC action officer thirty days prior to schedule the Business Clearance Session with the DAS(C) or ADAS(C). Center/organizational-level contracting and program representatives must present the Request for Business Clearance (non-competitive) briefing charts to the DAS(C) or ADAS(C) ten days prior to the scheduled business clearance.

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2. Business Clearance for Competitive Actions

MP5303

Incorporates Policy Memo 14-C-05, AFFARS Changes Resulting From the Inactivation of AFISRA, and adds references to AFRCO.

MP5303.104-5(b) In addition to the parties identified at FAR 3.104-5(b), if the source selection authority is the MAJCOM/FOA/DRU/CC or CV, the disqualification notice must be coordinated through the MAJCOM/FOA/DRU JA and the MAJCOM/DRU/HQ AFICA/AFRCO SCO (or for AFLCMC and SMC, the SCCO). The notice must include the items at FAR 3.104-5(b) and the following:

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MP5303.602 Exceptions

The MAJCOM/DRU/HQ AFICA/AFRCO SCO (or for AFLCMC and SMC, the SCCO) should review each contract action to ensure no viable alternatives exist and that every effort is made to avoid any conflict of interest between the employees' interests and their government duties. Requests must address the following:

MP5305.303

Editorial changes.

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(a) The 1279 Report is used for Congressional notification and public announcement of contract awards and other transactions that exceed the DoD threshold. Contract announcements are posted at 1700 EST daily on www.defense.gov/contracts. Use the 1279 Report Format, tailored where appropriate, when preparing Reports of Intent to Award IAW 5317.170. It is important to note that the Notice of Intent to Award IAW 5317.170 does not satisfy the requirement for a 1279 Report. Prepare the 1279 Report, using control symbol DD-LA-(AR) and follow the instructions below.

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(4)
Contract Award:

OR

Contract Modification:

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MP5306.502

Incorporates Policy Memo 14-C-05, AFFARS Changes Resulting From the Inactivation of AFISRA, and adds references to AFRCO. 4.1-Editorial changes.

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1. Objectives. The objective of the Air Force Competition and Commercial Advocacy Program is to promote and support full and open competition and commercial practices 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 associated reporting requirements. In addition to the requirements at FAR 6.501, the MAJCOM/DRU/HQ AFICA/AFICA (OL-supported MAJCOM)/AFRCO/SMC and any subordinate Competition and Commercial Advocate(s) must:

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MP5315.3

Incorporates Policy Memo 14-C-05, AFFARS Changes Resulting From the Inactivation of AFISRA, adds references to AFRCO, and editorial changes.

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1.3. Applicability. This MP must be used in conjunction with FAR Part 15, as supplemented, to include the DoD Source Selection Procedures, related law, regulation, and policy. This MP applies to all negotiated, competitive acquisitions using FAR Part 15 procedures regardless of the approach taken within the best-value continuum.
Acquisitions exempted in the DoD Source Selection Procedures, paragraph 1.3., need not comply with this MP. Deviations from this MP must be forwarded for approval through the MAJCOM/DRU/HQ AFICA/AFRCO SCO (or for SMC, the SCCO) to SAF/AQC.
A request for waiver to any portion of the DoD Source Selection Procedures must be forwarded through the MAJCOM/DRU/HQ AFICA/AFRCO SCO (or for SMC, the SCCO) to SAF/AQC for review and processing to the Director, Defense Procurement and Acquisition Policy.
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1.4.1.1. NOTE 5. The SSA is the Center Commander/Wing Commander/PEO or MAJCOM/DRU/HQ AFICA/AFRCO director-level individual who is responsible for the requirement unless delegated in accordance with Note 2 for acquisitions below $100M or Note 3 for acquisitions $100M and above

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2.3.1. See the tailorable RFP Section L templates and Section M templates. ****

3.7.1. See the tailorable Comparative Analysis Report and Award Recommendation template.****
3.9.1. See the tailorable Source Selection Decision Document (SSDD) template.****
5.23. Proposal Analysis Report (PAR). The PAR is the narrative report prepared by the SSEB that fully documents the results of the evaluation of each proposal. See the tailorable PAR template.
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6.2 Responsibilities of the MAJCOM/DRU/HQ AFICA/AFRCO Senior Contracting Officials (SCO) and the AFLCMC and SMC Senior Center Contracting Officials (SCCO)

MP5315.407-90

Incorporates Policy Memo 14-C-05, AFFARS Changes Resulting From the Inactivation of AFISRA.

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3.a. MAJCOM/DRU/HQ AFICA SCO and AFLCMC and SMC SCCO RESPONSIBILITIES: SCOs/SCCOs must –

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MP5315.606-90

Incorporates Policy Memo 14-C-05, AFFARS Changes Resulting From the Inactivation of AFISRA, and adds references to AFRCO.

(a) Headquarters Air Force (HAF) organizations that receive submissions that are considered unsolicited proposals (UP) as defined at FAR 2.101 and described in FAR 15.603(c) must forward them to SAF/AQC for disposition. SAF/AQC will forward the submission to the proper Air Force MAJCOM/DRU/HQ AFICA/AFRCO/SMC contracting unit to evaluate and process the proposal.

(1) Unless otherwise directed by SAF/AQC, the cognizant point of contact responsible for receipt and disposition of UPs shall provide the Air Force’s response to offerors. MAJCOMs/DRUs/HQ AFICA/AFRCO/SMC, and subordinate contracting units are considered points of contact for UPs received at their respective base/activity.

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(b)(2) Notify the MAJCOM/DRU/HQ AFICA/AFRCO SCO for any UP that requires command-wide consideration.

MP5316.504

Editorial change.

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(a)(2) Upon execution of the contract, an obligation shall be recorded based upon the issuance of a delivery or task order for the cost/price of the minimum quantity specified. Obtaining a certification of availability of funding from the finance office does not satisfy the requirement to record an obligation in the official accounting records of the Government for the minimum order amount established by the award of an IDIQ contract. The Government’s actual obligation must be recorded at the time of contract award. Recording and subsequently reporting the required obligation using anything other than a delivery or task order will result in the action not being reported in FPDS-NG. (See DoD 7000.14-R, Volume 3, Chapter 8, paragraph 080504).

MP5317.74

Incorporates Policy Memo 14-C-05, AFFARS Changes Resulting From the Inactivation of AFISRA.

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1.c. The DAS(C) may require the MAJCOM/DRU/HQ AFICA SCO (or for AFLCMC and SMC, the 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 must document the contract file with the justification to include the revised definitization milestone schedule.

MP5325.7002-2

Incorporates Policy Memo 14-C-05, AFFARS Changes Resulting From the Inactivation of AFISRA, and adds references to AFRCO.

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2. a. Individual DNADs

When a contractor asserts that a domestic item identified at DFARS 225.7002-1 is not available, a DNAD is required; the DNAD must be coordinated through the MAJCOM/DRU/HQ AFICA/AFRCO SCO (or for AFLCMC and SMC, the SCCO) and SAF/AQC before submission to the Secretary of the Air Force (SecAF) for approval. The SecAF may grant a DNAD if compliant items, identified at DFARS 225.7002-1, of satisfactory quality and sufficient quantity, and in the required form, cannot be procured at U.S. market prices as and when needed. This approval authority is not delegable. This exception should not be read to require that the compliant material/item must be totally unavailable (i.e., cannot be obtained at any cost). There is some cost limit that should be recognizable by a Contracting Officer, and that a reasonable person would agree, makes the material/item effectively “unavailable.”

b. Class DNADs

Contracting Officers may continue to use OUSD (AT&L) approved class DNADs that cover food, clothing, fabrics, and hand or measuring tools for new contracts if the DNAD was signed by the Undersecretary of Defense (OUSD) (AT&L) or by a Service Secretary. The OUSD (AT&L) DNADs currently available for reciprocal use are posted on the DCMA Website. If a class DNAD is used, the Contracting Officer must prepare a Determination and Finding (D&F) approved by the MAJCOM/DRU/HQ AFICA/AFRCO SCO (or for AFLCMC and SMC, the SCCO). This approval may not be further delegated. The Contracting Officer must obtain legal review to support the determination.

MP5325.7003-3

Incorporates Policy Memo 14-C-05, AFFARS Changes Resulting From the Inactivation of AFISRA, and adds references to AFRCO.

2. Applicability of Commercial Derivative Military Articles (CDMA) to Specialty Metals

When a program office concludes that an item to be delivered under a prime contract is a commercial derivative military article (as defined at DFARS 252.225-7009) and the prime contractor provides the certification required at DFARS 252.225-7010, the Contracting Officer must prepare a CDMA D&F and coordinate the effort through the MAJCOM/DRU/HQ AFICA/AFRCO SCO (or for AFLCMC and SMC, the SCCO) and SAF/AQC for submission to the Secretary of the Air Force (SecAF) for approval. This approval authority is not delegable.
3. DNAD Exception

When a program office concludes that domestically melted or produced specialty metal cannot be procured (as described in DFARS 225.7003-3(b)(5)) to support the production of a particular end item or component, the Contracting Officer must prepare a DNAD D&F for specialty metals. The contracting officer must coordinate the effort through the MAJCOM/DRU/HQ AFICA/AFRCO SCO (or for AFLCMC and SMC, the SCCO) and SAF/AQC for submission to the SecAF for approval. The SecAF may grant a DNAD for an individual contract if a compliant specialty metal of satisfactory quality and sufficient quantity, and in the required form, cannot be procured as and when needed at a fair and reasonable price. This approval authority is not delegable. A Class DNAD requires the approval of the USD(AT&L).

MP5332.470

Incorporates Policy Memo 14-C-05, AFFARS Changes Resulting From the Inactivation of AFISRA, and adds references to AFRCO.

Advance payment requests must be processed as follows:

(1) The responsible contracting officer must compile the advance payment request package in accordance with FAR 32.4 and DFARS 232.4 and submit it to the MAJCOM/DRU/HQ AFICA SCO (or for SMC and AFLCMC, the SCCO) for coordination. The SCO/SCCO must submit the request through SAF/AQC workflow. SAF/AQC forwards the package to SAF/FMPA for review and approval. AFRCO will submit the request directly to the DAS(C)/ADAS(C), as appropriate.

MP5332.7

Incorporates Policy Memo 14-C-05, AFFARS Changes Resulting From the Inactivation of AFISRA, and adds reference to AFRCO. Editorial changes throughout.

Release of Solicitations in Advance of Funding Availability

When issuing solicitations in advance of available funds, the following statement must be included in any such solicitation: “Notice to Offeror(s)/Supplier(s): Funds are not presently available for this effort. No award will be made under this solicitation until funds are available. The Government reserves the right to cancel this solicitation, either before or after the closing date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse an offeror for any costs.”

(a) When the resulting contract is to be funded by Procurement or Research, Development, Test, and Evaluation appropriations, the program/requirement must be included in the President’s budget as submitted to Congress, and the program manager must provide the contracting officer a written statement. The statement must be coordinated with FM at the Center level (or equivalent) or as delegated to FM Organizational Senior Functional (OSF) that these investment funds will be used for the proposed acquisition and, although not presently available, a reasonable expectation exists that funding will be authorized and available upon enactment of the Authorization and Appropriations Acts.

(b) For solicitations for programs funded by the National Guard and Reserve Equipment Account when the Defense Appropriations Act is signed into law, for the Air National Guard Bureau, and/or Air Force Reserve Command, the Air National Guard or Reserve program manager must confirm that funds have been identified for the acquisition.

(c) For solicitations funded by annual appropriations when the MAJCOM/DRU/HQ AFICA/AFRCO/SMC Requiring Activity Functional Commander/Director, Director of Contracting, and Comptroller jointly agree in writing to authorize the contracting office to issue solicitations when it is anticipated that the contract(s) will be funded, but funds are not yet available.

MP5333.104

Incorporates Policy Memo 14-C-05, AFFARS Changes Resulting From the Inactivation of AFISRA, and adds references to AFRCO. Administrative change of SAF/GCD to SAF/GCR.

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(a)(4) The contracting officer must send any communication to the GAO through AFLOA/JAQ with a courtesy copy to SAF/AQC and to the MAJCOM/DRU/AFMC Center/HQ AFICA/AFRCO/SMC focal point. 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/HQ AFICA/AFRCO/SMC who receives communication from SAF/AQC concerning protests against Air Force solicitations or awards.

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(f)(1)(ii)(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 through the MAJCOM/DRU/HQ AFICA/AFRCO SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC and AFLOA/JAQ within 15 days of the date of the decision.

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(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 must notify SAF/GCR and SAF/GCQ and work with those offices to identify an ADR procedure appropriate to the individual case.

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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 must provide a corrective action plan through their MAJCOM/DRU/HQ AFICA/AFRCO SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC and AFLOA/JAQ. The contracting officer must 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.