IMMEDIATE ACTION

DEPARTMENT OF THE AIR FORCE AFMC ACQUISITION CIRCULAR 02-09

Headquarter AFMC

Wright Patterson AFB OH 45433 3 April 2006

Air Force Materiel Command Acquisition Circular (AFMCAC)

1. All items in this AFMCAC are effective as of the date of publication unless otherwise specified in the item description. Each item in this AFMCAC shall remain in effect until specifically cancelled or incorporated by a subsequent AFMCAC or change to the AFMC FAR Supplement (AFMCFARS).

2. This AFMCAC implements AFMC FAR Council case 06-01, Administrative change to Subpart 5301, Clearance, to define the appropriate Wing Level/Group Level PK equivalent for three ASC organizations. Additionally this AFMCAC implements an administrative (typo) correction to AFMCFARS 5352.217-9006. Therefore, the AFMCFARS is amended as specified below (all changes are highlighted in bold).

No. of Printed Pages: 5

OPR: HQ AFMC/PKPB (Kimberly Yoder)

PROPOSED CHANGES (Changes Highlighted and Underlined)

PART 5301FEDERAL ACQUISITION REGULATIONS SYSTEM

(AFMCAC 02-07, 22 April 2005)

(AFMCAC 02-08, 29 November 2005)

(AFMCAC 02-09, 3 April 2006)

SUBPART 5301.90—CLEARANCE

5301.9001 Policy.

(b) The SCCO shall establish and conduct clearance procedures for all contract actions requiring clearance awarded by the center and the center’s ABW contracting unit. These procedures may include a clearance review function.

(90) HQ AFMC/PK, as the SCCO for the 377 ABW, establishes the following procedures for 377 ABW. A clearance review shall be accomplished by: the Deputy for Business Operations (DBO) for actions over $10M; the local staff reviewer for actions between $1M and $10M; and the same individual as the CAA for actions between $500K and $1M.

(g)(1) For organizations that do not have a Wing level, and/or Group level, the following table defines their Wing level PK and Group level PK equivalents:

Organization

Wing level PK Equivalent

Group level PK Equivalent

Det 1 AFRL, Det 8 AFRL, AFRL/IF AFRL/MN and AFOSR

Chief of the Contracting Office

Contracting Division Chief

ESC/PKR

Chief of the Contracting Office

Chief of the Contracting Office

ESC/XPK

Chief of the Contracting Office

Chief of the Contracting Office

ESC/BMSW/WE Division

Wing PK

WE Division Contracting Chief

ESC/OSSW/FPS Squadron

Wing PK

FPS Contracting Chief

38th EIG*

Chief of the Contracting Office

Chief of the Contracting Office

CPSG*

Chief of the Contracting Office

Chief of the Contracting Office

AFFTC/PKT

Chief of the Contracting Office

Chief of the Contracting Office

AEDC

SCCO (AEDC/PK)

SCCO (AEDC/PK)

AAC/PKZ

Chief of the Contracting Office

Chief of the Contracting Office

AAC: ACSSG

ACSSG/PK

ACSSG/PK

OC-ALC/PKX

Chief of the Contracting Office

PKXO Branch Chief

ASC/TASG

Chief of the Contracting Office

Chief of the Contracting Office

ASC/SOFSG

Chief of the Contracting Office

Chief of the Contracting Office

ASC/YFK

Chief of the Contracting Office

Contracting Division Chief

ASC/F117/SS

Wing PK

Chief of Flight Contracting Office

ASC/AEASS

Wing PK

Chief of Flight Contracting Office

ASC/J-UCAS

Chief of the Contracting Office

Chief of the Contracting Office

ASC/ACSSW/PRSS

Wing PK

PRSS/PK

ASC/ACSSW/AASS

Wing PK

PRSS/PK

ASC/ACSSW/CESS

Wing PK

PRSS/PK

ASC/PKW

Chief of the Contracting Office

Chief of the Contracting Office

ASC/PKN

Chief of the Contracting Office

Chief of the Contracting Office

ASC/PKG

Chief of the Contracting Office

Chief of the Contracting Office

ASC/HSG

SCCO (311 HSW/PK)

Contracting Division Chief

AFCEE-AC

SCCO (311 HSW/PK)

Contracting Division Chief

OO-ALC/PKX

Chief of the Contracting Office

PKXE Branch Chief

84SMSS/PK

Wing PK

Contracting Division Chief

*As before the AFMC Wing reorganization, these organizations are Direct Reporting Units to ESC/CC.

(2) For AFRL/IF, the Contracting Branch Chief is the CAA for all Operational Contracting actions from $1M to $10M.

(90) Architect-Engineer (A-E), Broad Agency Announcement (BAA), Small Business Innovative Research (SBIR) and Small Business Technology Transfer (STTR) actions shall follow the “noncompetitive” process for purposes of clearance. The SCCO shall establish procedures for review of BAA solicitations prior to issuance.

PART 5352—SOLICITATION PROVISIONS AND CONTRACT CLAUSES

(A-FY03-01, Mar 03, 2003)
(AFMCAC 02-01, Jun 16, 2003)

(AFMCAC 02-09, 3 April 2006)

5352.217-9006 Award of Mission Essential Quantity As prescribed in 5317.7590-1, insert the following provision, substantially as written, in Section M when use of the Insurance Policy is desired:

AWARD OF MISSION ESSENTIAL QUANTITY (AFMC) (AUG 1998)

(a) The Government has determined that a break in the supply of this item (that is, failure to deliver due to timeliness and/or conformance) would jeopardize support to operational units’ mission capability. Additionally, the item is of such complexity and/or so critical that first article testing measures are required for all unproven sources to ensure that the unproven source is capable of producing a conforming part. Therefore, the Government reserves the right to award the Mission Essential Quantity (MEQ) and, if necessary, the remaining balance of the requirement, to a proven source. In such event, the proven source must be a responsive, responsible offeror and also be the lowest in price of all proven offerors, price and price related factors considered. Therefore, two contract line items are provided to correspond with each of the two alternatives.
(b) The Government shall first determine the apparent successful offeror for the complete quantity under Alternative 1. If offers are received from both proven and unproven sources and it is determined that an unproven source is the apparent low offeror (and is also responsive and responsible), then the prices under Alternative 2 shall be evaluated. Once a decision has been made to progress to Alternative 2, offers under Alternative 1 shall no longer be considered (e.g. the Contracting Officer shall not compare the proven source’s offer under Alternative 1 and the unproven source’s offer under Alternative 2). If only unproven sources submit offers, Alternative 1 will be used to determine the low offeror and award will be made for that quantity.
(c) A proven source is an offeror who has previously satisfactorily provided the identical item to the Government or who proposes to provide an item manufactured by the prime manufacturer or the prime manufacturer’s vendor (when there is no value added by the prime manufacturer).
(d) An unproven source is an offeror who has not previously satisfactorily provided the identical item to the Government and who proposes to provide an item manufactured by other than the prime manufacturer or the prime manufacturer’s vendor (when there is no value added by the prime manufacturer).
(e) Competitive negotiated acquisition procedures may be used to determine low offeror status if,
(1) a proven source is not the low offeror, based on either initial proposals or on the final proposal revision if discussions are conducted, and
(2) if the proven source’s price is not determined to be based on adequate price competition pursuant to FAR 15.403-1, Prohibition on obtaining cost or pricing data.
The contracting officer may proceed with an award to the low unproven source and may request cost or pricing data from the proven source. When received and evaluated, negotiations shall follow as necessary to determine fair and reasonable prices. Under these circumstances, any contract with the proven source would contain the clause at FAR 52.215-10, Price Reduction For Defective Cost or Pricing Data.
(f) The Government is under no obligation to exercise any options provided for under these procedures. Acceptable delivery of the basic award quantity by an unproven source shall not bind the Government to exercise all or part of the option quantities, or to exercise options in any contract with the unproven source in lieu of options in any separate award to a proven source. In addition, the Government reserves the right to reject, as nonresponsive, any offer in which the prices proposed in either Alternative 1 or 2 are determined, by the Contracting Officer, to be materially unbalanced.

(End of Provision)