PART 5317 -
Special Contracting Methods
[ Revised May 25, 2018 ]
SUBPART 5317.1 — MULTI-YEAR CONTRACTING
(b) Before entering into any multi-year contract, the contracting officer must review current statute and other Congressional language for potential restrictions.
See the Multi-Year Contracting Guide for general guidance on how to use multi-year contracting to acquire supplies and services.
5317.106-3 Special Procedures Applicable to DoD, NASA, and the Coast Guard
(f) Annual and multi-year proposals. See MP5301.601(a)(i).
(g) Level unit prices. See MP5301.601(a)(i).
(d)(1) The contracting officer must provide the congressional notification described in DFARS 217.170(d)(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 SCO (or for AFLCMC and SMC, the SCCO). SAF/AQC will notify the DoD offices listed in DFARS 217.170(d)(4). This congressional notification does not fulfill the requirement to announce contract awards in accordance with FAR 5.3, as supplemented.
5317.171 Multiyear Contracts for Services
(c) The contracting officer must provide the determination described in DFARS 217.171(c) through the MAJCOM/DRU/AFRCO SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC for approval processing.
5317.172 Multiyear Contracts for Supplies
(f)(2) See MP5301.601(a)(i) for individuals who will determine the required conditions can be met.
(g) The contracting officer must provide the information supporting all requirements described in DFARS 217.172(g)(2) through the MAJCOM/DRU/AFRCO SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC for approval processing.
5317.174 Multiyear Contracts for Electricity from Renewable Energy Sources
(b) See MP5301.601(a)(i) for individuals who may determine the requiring activity’s business case analysis supports entering into a contract for a period in excess of five years.
SUBPART 5317.2 — OPTIONS
(e) The Life Cycle Management Plan (LCMP)/Acquisition Plan (AP) approval authority has the authority to approve contract periods in excess of five years, unless otherwise restricted by statute. If a LCMP/AP is not required, the contracting officer has the authority to approve contract periods in excess of five years, unless otherwise restricted by statute.
(e)(i)(C) SAF/AQ must make the determination. Requests for approval must be submitted through the MAJCOM/DRU/AFRCO SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC.
(e)(iii) Requests for approval must be submitted through the MAJCOM/DRU/AFRCO SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC at least 30 days prior to issuing an order.
See the tailorable Determination and Findings template.
5317.207 Exercise of Options
See the tailorable Determination and Findings template.
SUBPART 5317.5 — INTERAGENCY ACQUISITIONS
5317.500 Scope of Subpart
See AFI 65-118 and MP5317.5 for processing interagency acquisitions.
SUBPART 5317.74 — UNDEFINITIZED CONTRACT ACTIONS
(a)(4) See IG5317.74 when contracting for long-lead items initiated with advance procurement funds. Follow DFARS 217.74 when contracting for long-lead items procured with other than advance procurement funds. When procurement funds must be added to an undefinitized long-lead procurement contract issued with advance procurement funds prior to definitization, follow the procedures at DFARS 217.74.
(b) To comply with the requirements described in DFARS 217.7402, MAJCOM/DRU/AFRCO SCOs, or the SCCOs at AFLCMC and SMC, must provide notification electronically via email to the Deputy Director, Defense Procurement and Acquisition Policy, Contract Policy and International Contracting (DPAP/CPIC) and courtesy copy 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. Maintain proof of submission to DPAP in the contract file.
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/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 as part of the monthly UCA update using the reporting tool (see 5317.7405). 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.
(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/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 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.
5317.7406 Contract Clauses
Contracting officers must insert the clause at 5352.217-9000, Long Lead Limitation of Government Liability, in all long-lead procurement solicitations and contracts initiated with advance procurement funds.
SUBPART 5317.7 — INTERAGENCY ACQUISITIONS: ACQUISITIONS BY NONDEFENSE AGENCIES ON BEHALF OF THE DEPARTMENT OF DEFENSE
See AFI 65-118 and MP5317.770 for procedures on reviewing and approving orders placed for supplies and services under non-DoD contracts, either through direct or assisted acquisition.
SUBPART 5317.75 —ACQUISITION OF REPLENISHMENT PARTS
5317.7504 Acquisition of Parts When Data is Not Available
(4)(ii) See MP5301.601(a)(i).
5317.7505 Limitations on Price Increases
(b) See MP5301.601(a)(i).
SUBPART 5317.90 — ASSOCIATE CONTRACTOR AGREEMENTS
5317.9000 Associate Contractor Agreements