Air Force Materiel Command Acquisition Circular (AFMCAC)

07-02

Effective 01 October 2008

Summary of Changes

AFMCFAR SUPPLEMENT (2007 Edition)

The following changes are a result of approval of AFMCFARS Case 08-03:

AFMCFARS 5301 – Federal Acquisition Regulations System

5301.403 Individual deviations

• Revise to implement deviation approval and annual reporting requirements added by AFAC 2008-0128.

• Renumber former paragraph (1)(A) as (b)(i)(A) and add a reference to restrictions imposed by AFFARS 5301.403(c).

• Revise paragraph (B) to include the requirement for Clearance and Program Support offices to retain a copy of each approved deviation.

• Add—Insert new paragraph (c) for individual deviations requiring SCO approval to specify required coordination.

• Add—Insert new paragraph (d) to supplement AFFARS MP5301.4 “MAJCOM/DRU reporting of Deviations from the FAR, DFARS, and AFFARS” to require inclusion of AFMCFARS deviations in the annual report and to require the report format at IG5301.4.

5301.404 Class deviations

• Add—Insert new paragraph (v) to require compliance with DFARS 210.402(2) when submitting class deviation requests to HQ AFMC/PK.

IG5301.4 Deviations from the FAR

• Add—Insert new paragraph with required AFMC Annual Deviation Report format.

The following changes are a result of approval of AFMCFARS Case 08-04:

AFMCFARS 5352 – Solicitation Provisions and Contract Clauses

Add—Insert JALC Solicitation Provisions and Contract Clauses that were previously directed to the local level, but as a result of LC21 are reincorporated into the AFMCFARS. The prescribing language was incorporated in the appropriate AFMCFARS Parts/Subparts. (See Table 1).

The following changes are updates or administrative changes as a result of AFACs 2008-0128 and 2008-0605:

AFMCFARS 5301 – Federal Acquisition Regulations System

5301.601 General

• Revise paragraph (a)(ii) in accordance with AFFARS 5301.601 to limit the contracting authority being redelegated to the authority to enter into, approve, modify, and terminate contracts. AFAC 2008-0605 deleted the redelegation of authority to “take all other actions with respect to contracts” from the list of authorities delegated to MAJCOM and DRU commanders.

5301.602 Contracting officers

Revise to delete the requirement to send a copy of contract actions executing a ratification to the SCCO. AFAC 2008-0605 deleted from MP5301.602-3 “Processing Ratifications” the requirement to send a copy of the action to the SCO.

AFMCFARS 5302 – Definitions of Words and Terms

5302.101 Definitions

Revise to delete the supplemental definition of “Center Commander” for Nuclear Weapons Center (NWC) since AFAC 2008-0605 added NWC to the AFFARS definition.

AFMCFARS 5315 – Contracting by Negotiation

5315.002 Types of Negotiations

Add—Insert implementing language on Source Selection Notification requirements that is deleted from 5315.303-90, “Additional responsibilities” since AFAC 2008-0128 revised the placement of this requirement from AFFARS MP5315.3 to MP5315.002.

5315.403-1 Prohibition on Obtaining Cost or Pricing Data

Add—Insert in paragraph (c)(5)(A) the requirement to also copy HQ AFMC/PKPB when providing email notification to SAF/AQCP of potential future TINA waivers in accordance with AFFARS MP5315.403-1 “Prohibition on Obtaining Cost or Pricing Data”.

The following changes are a result of HQ AFMC/PK Policy Memo “Interim AFMCFARS Change, Establishment of the Air Force Global Logistics Support Center (AFGLSC)”dated 30Apr08, Enterprise Policy Process Board approved changes, and/or administrative changes/corrections/clarification to AFMCFARS or Informational Guidance. The policy memo is rescinded upon issuance of this AFMCAC 07-02.

AFMCFARS 5301 – Federal Acquisition Regulations System

5301.9001 Policy, thresholds and approvals

Revise to include AFGLSC in paragraph (b)(1) table of clearance review requirements.

Update organization table in paragraph (g)(1) to reflect administrative changes:

      o Added AFNWC/526th ICBMSG

      o Added AFGLSC

Add—Insert new paragraph (g)(1)(v) with the AEDC and AFFTC requirements for clearance on actions between $500K and $5M, as previously agreed to by AEDC/PK and AFFTC/PK.

5301.9002(a) Clearance Procedures

On the Request for Business/Contract Clearance template, revise Part C to include AEDC and AFFTC thresholds for clearance approval on actions between $500K and $5M.

5301.9102 Policy

Revise paragraph (a) to identify the Center Command as the authorized individual to appoint the ombudsman at the Center level.

AFMCFARS 5302 – Definitions of Words and Terms

5302.101 Definitions

Revise to supplement the “Senior Center Contracting Official (SCCO)” definition for AFGLSC.

AFMCFARS 5306 – Competition Requirements

5306.304 Approval of the Justification

Add—Insert table of delegated approval authorities to correct inadvertent omission from 2007 Edition. Revise the table to include a column for AFGLSC.

5306.501 Requirement

Revise the list of “procuring activities” in AFMC to include AFGLSC.

AFMCFARS 5307 – Acquisition Planning

5307.104-92(d)(5)(90) AFMC Alternate Procedures and Thresholds for “non-operational” Other Contracting acquisitions

Revise to include standardized delegations for AFGLSC.

AFMCFARS 5315 – Contracting by Negotiation

5315.303 Responsibilities

Add—Insert in paragraph (a)(5) a reference to IG5315.303(a) for recommended Source Selection Authority delegation templates.

Add—Insert columns for AFGLSC in the tables for Source Selection Authority for ACAT II and II programs and for Non-operational Other Contracting actions.

5315.305 Proposal evaluation

Revise to require AFGLSC to use the same past performance evaluation system, Red-Yellow-Green, as the ALCs for spares acquisitions less than $5M.

5315.404-2-90 Requirement for Requesting Pricing Assistance

Revise to require AFGLSC to request pricing assistance for actions $1M and above.

IG5315.303 Additional Responsibilities

Add—Insert recommended Source Selection Authority delegation templates.

AFMCFARS 5316 – Types of Contracts

5316.405-2 Cost-Plus-Award Fee Contracts

Revise to incorporate tables clarifying existing Fee Determining Official delegations for both Other Contracting and AFPEO/C2&CS, AFPEO/WP and AFPEO/F-22 programs.

Revise to incorporate new Fee Determining Official delegations for AFPEO/AC in accordance with ASC/CC Policy Memo #08-003, “Policy on Fee Determining Officials (FDO) for Noncompetitive Acquisitions” dated 24Jan08.

Revise to include AFGLSC in the FDO delegations for Other Contracting.

AFMCFARS 5317 – Special Contracting Methods

5317.7404-1 Authorization

Revise to include AFGLSC in the delegations of authority to approve Undefinitized Contractual Actions and to clarify delegations for PEO programs at the Logistics Centers.

AFMCFARS 5337 – Services Contracting

5337.503-90 Services Designated Official(s)

Add—Insert paragraphs (b) and (c) to correct their inadvertent deletion from 2007 Edition.

Revise to include AFGLSC in the delegations of SDO authority.

Delete—paragraph 9002(90) is removed in accordance with…[see Candy for reason]

AFMCFARS 5332 – Contract Financing

5332.700-90 Capital Purchases Program

Add—Insert 5332.700-90 to clarify coordination/approval of Special Acquisition Provisions submitted iaw AFFARS MP 5332.7.

AFMCFARS 5343 – Contract Modifications

IG5343.103 Types of Contract Modifications

Revise to correctly cite “By Mutual Agreement between both Parties” as a general modification authority.

AFMCFARS 5349 – Termination of Contracts

5349.100 Scope of Subpart

Revise to address authority and responsibility of AFGLSC contracting officers to terminate contracts.

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Table 1 Added JALC Clauses

Clause Number

Prescribed by:

Clause Title

5352.207-9000

5307.203(90)

Price Discounts Based on Quantity

5352.209-9001

5309.308

Resubmission of First Articles

5352.211-9002

5311.304-90(a)

New Manufactured Material

5352.211-9003

5311.304-90(b)

New Manufactured Material -Surplus Not Acceptable

5352.211-9005

5311.304-90(c)

New Manufactured Material and Government or Commercial Surplus Material Acceptable

5352.211-9006

5311.304-90(d)(1)

Acceptable New and Unused Surplus Material

5352.211-9007

5311.304-90(d)(2)

Acceptable New and Reconditioned Surplus Material

5352.211-9008

5311.304-90(d)(3)

Acceptable New and Modified Surplus Material

5352.211-9009

5311.304-90(d)(4)

Acceptable Used and Overhauled Surplus Material

5352.211-9010

5311.304-90(e)(1)

Overhaul and Certification by an FAA Licensed Facility

5352.211-9011

5311.304-90(e)(2)

Part Number Verification

5352.211-9012

5311.304-90(e)(3)

Verifiable Dimensions

5352.211-9013

5311.304-90(e)(4)

Test and Verification

5352.211-9014

5311.304-90(e)(5)

Initial Acceptability Items

5352.211-9015

5311.304-90(e)(6)

Location of Inspection Testing

5352.211-9016

5311.304-90(e)(7)

Prior Government Ownership of Items

5352.211-9017

5311.304-90(e)(8)

100 Percent End Item Inspection

5352.211-9018

5311.304-90(f)

Listing of Surplus Material

5352.211-9019

5311.390(a)

Evaluation of Used and/or Overhauled Surplus Material

5352.211-9020

5311.390(b)

Evaluation of Items Requiring Reconditioning, Modification, Repair or Overhaul by the Government

5352.211-9023

5311.404-90(a)

Authorization of Early Delivery

5352.214-9001

5314.301(d)(91)

Award - All or None Basis

5352.215-9001

5315.209-90(i)

Engineering Data

5352.215-9013

5315.407-2(d)(90)

Make-or-Buy Program

5352.215-9014

5315.403-5(90)

Submission of Cost or Pricing Data

5352.216-9001

5316.307(b)

Payment of Fee

5352.216-9002

5316.307(g)(90)

Predetermined Indirect Cost Rates in Effect

5352.216-9003

5316.406(e)

Award Fee

5352.216-9004

5316.506(90)

Authority to Issue Orders

5352.216-9005

5316.703(90)

Procedures for Issuing Orders

5253.216-9007

5316.703(90)

Obligations of Contractor Under Unpriced Orders

5352.216-9008

5316.703(90)

Term of Agreement

5352.217-9010

5317.9500-90

Associate Contractor Agreements (ACAs)

5352.219-9000

5319.708(d)(1)

Incorporation of Subcontracting Plan

5352.219-9002

5319-708(d)(2)

Submission of Subcontracting Plan

5352.219-9003

5319-708(d)(3)

Incorporation of Comprehensive Subcontracting Plan

5352.225-9000

5325.902(90)

Law Covering Contracts

5352.225-9001

5325.902(91)

English Language Requirements

5352.225-9002

5352.7300(90)

Special Provision Under Paragraph (d) of FAR Clause 52.229-6, Taxes - Foreign Fixed-Price Contracts

5352.228-9001

5328.310(a)

Insurance Clause Implementation

5352.231-9001

5331.231(90)

Segregation of Costs

5352.232-9001

5332.705-2(b)(1)

Implementation of Limitation of Funds

5352.232-9002

5332.705(90)

Transportation Appropriation Chargeable

5352.235-9000

5335.006(90)

Small Business Innovation Research (SBIR) Phase I and Phase II Contract Requirements

5352.235-9003

5335.071(90)

Application for Equipment Frequency Authorization

5352.243-9001

5343.205(90)

Advance Change Adjustment Agreements

5352.243-9002

5343.205(91)

Change Order Not-to-Exceed/Not-Less-Than Agreements

5352.245-9000

5345.106(91)

Government-Furnished Property (GFP)

5352.245-9003

5345.106(94)

Disposition of Residual Government Property

5352.245-9005

5345.201(b)(90)

Elimination of Competitive Advantage in the Use of Government Property

5352.245-9007

5345.301(90)

Use of Special Tooling/Special Test Equipment on a Non-Interference Basis

5352.245-9011

5345.403(90)

Use and Rental of Government Property

5352.245-9012

5345.301(a)(90)

Rent-Free Use of Government-Owned Property

5352.246-9000

5346.370(90)

Material Inspection and Receiving Report

5352.246-9001

5346.372(90) 

Inspection and Acceptance

5352.247-9000

5347.104-4(90)

Commercial Bill of Lading Shipments - Carrier's Rates

5352.247-9001

5347.303-4(c)(90)

F.o.b. Origin, Freight Prepaid

5352.247-9012

5347.305-10(a)(99)

Packaging for Inspection and Acceptance at Destination

5352.247-9014

5347.305-10(b)(93)

Unilateral Amended Shipping Instruction (ASIs), F.o.b. Origin

5352.247-9017

5347.305-12(a)(90)

F.o.b. Point for Delivery of Government-Furnished Property