AFFARS PART 5301 - Federal Acquisition Regulations System

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PART 5301 -
Federal Acquisition Regulations System

[ Revised June 3, 2016 ]

SUBPART 5301.1 – PURPOSE, AUTHORITY, ISSUANCE


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), 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.

5301.105-1 Publication and Code Arrangement

(a)(S-90) The AFFARS is published on the FARSite by the Contracting Laboratory, Hill AFB, UT.

5301.170 Peer Reviews

(a) DoD peer reviews

(1)(ii) See MP5301.170(a) for procedures applicable to non-competitive acquisitions subject to Phase 1 and Phase 2 Pre-Award peer reviews.

(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 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.

(b)(1) Pre-award peer reviews of solicitations for competitive procurements valued at less than $1 billion must be accomplished by complying with the clearance requirements in 5301.9000.

5301.170-4 Administration of Peer Reviews

(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 SCO (or for AFLCMC and SMC, the SCCO).

SUBPART 5301.2 – ADMINISTRATION


5301.201-1 The Two Councils

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

5301.201-90 Maintenance of the AFFARS

The AFFARS is prepared and maintained by the Chief, Contract Policy & Field Support Division, Deputy Assistant Secretary (Contracting) (SAF/AQCP).

SUBPART 5301.3 – AGENCY ACQUISITION REGULATIONS


5301.301 Policy

(a)(1)(S-90) The AFFARS is issued by the DAS(C) on behalf of the Senior Procurement Executive (SPE).

5301.304 Agency Control and Compliance Procedures

INTERIM CHANGE: See SAF/AQC Policy Memo (16-C-01), Nonstandard Clause Use and Approval, which supplements the AF Clause Control Plan.

MAJCOMs, DRUs, 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 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.

SUBPART 5301.4 – DEVIATIONS FROM THE FAR


5301.402 Policy

(2) Submit requests for deviations which require OUSD(AT&L)/DPAP approval through the MAJCOM/DRU/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/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).

b. For AFMC, except as described in (c) and (d) below or in DFARS 201.402(1) and DFARS 201.403(2), individual deviation approval authority may only be delegated to a SCCO.

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/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/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 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 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/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 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.

(S-91) The AFMC SCO may authorize the AFMC SCCOs to submit any of the documents identified here directly to SAF/AQC.

SUBPART 5301.6 – CAREER DEVELOPMENT, CONTRACTING AUTHORITY, AND RESPONSIBILITIES


5301.601 General

(a)(i) Heads of Contracting Activities (HCAs) Responsibilities.

5301.601-91 Air Force Contracting Self-Inspection Program

MAJCOM/DRU/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-Inspection Program. See the tailorable Consolidated Trend Analysis Report template.

5301.602-1 Authority

(a) Contracting officers are authorized to enter into and execute contracts funded either partially or completely with non-appropriated funds.

5301.602-2 Responsibilities

(c)(i) Legal Review

(d) For Designation, Assignment, and Responsibilities of a Contracting Officer’s Representative, see MP5301.602-2(d).

5301.602-3 Ratification of Unauthorized Commitments

See MP5301.602-3 for required ratification procedures.

(b) Policy.


5301.603-1 General

The HCA designees delegated contracting authority in accordance with 5301.601(a)(i) Item 3 must select and appoint contracting officers and terminate their appointments in accordance with this section and MP5301.603.

(a) For AFMC, the SCCO may delegate this authority to the highest contracting official in the contracting chain at geographically separated organizations and AFRL detachments, but in no event will the designee be lower than a GS-15 (or equivalent) or 0-6.

(b) Authority to issue limited contracting officer warrants of less than $5M and authority to terminate appointments of less than $5M may be delegated, but in no event will the designee be lower than the COCO.

5301.603-2-90 Selection

(a) An individual selected for contracting officer appointment must be a military member in Air Force Specialty Code (AFSC) 64PX or 6C0X1 or a civilian in the GS-1102 occupational series who occupies a manned authorization listed under these specialty codes/series, complies with the requirements at DFARS 201.603-2, and who possesses at a minimum, an Intermediate (Level II) Acquisition Professional Development Program (APDP) certification in contracting, except as otherwise authorized below.

(b) Military personnel in AFSC 64PX, 6C0X1, and civilians in the GS-1102 occupational series who occupy a manning authorization listed under these specialty codes/series and who possess a baccalaureate degree and 24 semester hours from an accredited institution of higher education in any of the business disciplines and Level I APDP certification in contracting may only be selected for limited warrants for amounts less than $5M. Those contracting personnel who do not possess a Level I APDP certification in contracting (including Purchasing Agents in the GS-1105 series) may, with at least one year of contracting experience, be selected for limited warrants for amounts less than or equal to the SAT.

(c) Local National (LN) Warrants. LNs in an equivalent occupational series to GS-1102 may be selected for a contracting officer appointment in accordance with this section and MP5301.603:

(d) Limited Home Station Warrants. A member of the contingency contracting force in AFSC 6C0X1 who does not possess a baccalaureate degree and 24 semester hours from an accredited institution of higher education in any of the business disciplines may be nominated, evaluated, and selected for a limited home station warrant in accordance with this section, Part 5318, and MP5301.603:

(e) Contingency Contracting Officer (CCO) Warrants.

(6) Termination of CCO/home station warrants must be accomplished when the

5301.603-3 Appointment

(b) Issuing authorities identified in 5301.603-1 may delegate the purchase authority described in FAR 1.603-3(b) and DFARS 201.603-3(b), to non-contracting DoD civilian employees and members of the U.S. Armed Forces, such as transportation personnel, medical supply personnel, librarians, and chiefs of construction management, provided:

5301.670 Appointment of Property Administrators and Plant Clearance Officers

(a) When the Air Force retains contract administration, the COCO must select, appoint, or terminate (in writing) property administrators and plant clearance officers.

SUBPART 5301.90 – CLEARANCE

5301.9000 Scope and Definitions

(a) This subpart establishes clearance requirements for the contract actions identified below:

(b) Excluded from business or contract clearances are:

(c) “Business Clearance” means:

(1) For competitive acquisitions, approval to issue the solicitation.

(d) “Begin negotiations” means, for the purpose of noncompetitive contract actions, starting discussions with an offeror for the purpose of reaching agreement on all aspects of the proposal. Initiation of audits and fact-finding necessary to evaluate the proposal and develop the Government’s negotiation objective do not constitute negotiations.

(e) “Contract Clearance” means:

5301.9001 Policy, Thresholds, and Approvals

(a) The objectives of the business and contract clearance process are to ensure that:

(b) The clearance approval authority must ensure that the clearance process meets the objectives in paragraph (a) above. The clearance approval authority must use a multi-functional independent review team (MIRT) as an integral component of the clearance process for competitive acquisitions meeting the requirements of this Subpart when contract values are $50M or more (including task orders for services issued against multiple award indefinite delivery/indefinite quantity contracts and GSA schedules), unless use of a MIRT is waived. See MP5301.9001(b).

(c) The clearance approval authority must seek legal advice (see 5301.602-2(c)(i)) and ensure that counsel has coordinated on any clearance briefings or presentations, and that counsel’s comments are included in the briefing or presentation.

(d) At the discretion of the clearance approval authority, contract clearances are not required when the negotiation team stays within a pre-set negotiation range and meets the parameters approved at the business clearance.

(e) The Source Selection Authority (SSA) must not be the clearance approval authority.

(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) 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/PK

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

AFRC/PK

SUBPART 5301.91 – OMBUDSMAN PROGRAM

5301.9101 Purpose

The purpose of the Air Force ombudsman program is to foster communication between government and industry. The primary function of the ombudsman is to hear concerns about specific issues in acquisitions, to communicate these concerns to senior management personnel responsible for oversight and to assist in the resolution of the concerns. In accordance with 5301.9102(f) below, employees, managers and customers may use the Air Force component ombudsman when seeking assistance in resolving procurement integrity issues.

5301.9102 Policy

(a) MAJCOM/DRU/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.

(b) The ombudsman will have the authority to call upon other resources of the activity to assist in resolving acquisition issues or concerns (e.g., administrative support, independent review teams).

(c) Contracting officers must identify the ombudsman in the initial announcement of the acquisition as well as in the draft and final RFP.

(d) The ombudsman must:

(e) The Ombudsman Program does not replace the agency level protest, GAO bid protest or disputes processes.

(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/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).

(g) Government personnel may use the Ombudsman Program as a way to express concerns about an acquisition.

5301.9103 Solicitation Provision and Contract Clause

Insert a clause substantially the same as the clause at 5352.201-9101, Ombudsman, in all solicitations (including draft solicitations) and contracts.

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