1

FAR 3.104-2(a)

Approves agency supplementation of 3.104 including specific definitions to identify individuals who occupy positions specified in 3.104-3(d)(1)(ii), and any clauses required by 3.104

Yes - SPE

No

No

No

2

FAR 52.203-3

AFFARS 5303.203-3

Determines, after notice and hearing, that contractor or representative offered or gave a gratuity to officer, official, or Government employee and intended, by the gratuity, to obtain a contract or favorable treatment under a contract; and determines amount of exemplary damages (between 3 and 10 times cost incurred by contractor in giving gratuities to person concerned)

No

HCA

No

No

3

DFARS 203.570-2(a)

AFFARS 5303.570-2(a)

Grants waiver in the interest of national security that the prohibition period described in Paragraph (b) of clause 252.203-7001 may be less than 5 years

No

HCA

No

No

4

DFARS 203.570-2(b)

AFFARS 5303.570-2(b)

Makes written determination that the prohibition period described in Paragraph (b) of clause 252.203-7001 may be more than 5 years

No

HCA

No

No

5

FAR 3.906(c)

DFARS 203.906(1)

AFFARS 5303.906(1)

Takes required actions regarding reprisals as prohibited by 203.903 (10 USC 4701)

No

HCA

No

No

6

FAR 5.102(a)(5)(iii)

AFFARS 5305.102(a)(5)(iii)

Makes written determination that availability of a solicitation through the GPE is not in the Government's interest

No

HCA

No

No

7

FAR 5.202(b)

AFFARS 5305.202(b)

Makes written determination after consult with Administrator for Federal Procurement Policy and the Administrator of the Small Business Administration that advance notice of proposed contract action is not appropriate or reasonable

No

HCA

No

No

8

FAR 6.304(a)(4)

Approves in writing the justification for other than full and open competition for proposed contracts over $100 million

Yes - SPE

No

No

No

9

FAR 7.107-2(b)

AFFARS 5307.107-2(b)

Determines that consolidation is necessary and justified if the benefits of the acquisition would substantially exceed the benefits that would be derived from each of the alternative contracting approaches identified under paragraph (a)(2).

No

HCA

Yes

No

10

FAR 7.107-2(e)

AFFARS 5307.107-2(e)

Determines that consolidation is necessary and justified when the expected benefits do not meet the thresholds for a substantial benefit at paragraph (d)(1) of this subsection but are critical to the agency's mission success; and the procurement strategy provides for maximum practicable participation by small business.

No

HCA

Yes

No

11

FAR 7.107-3(a)

Makes written determination that the bundling is necessary and justified in accordance with 15 U.S.C. 644(e) after ensuring that conditions at (a)-(e) are met.

Yes - HoA

No

No

No

12

FAR 7.107-3(f)(1)

Determines that bundling is necessary and justified when the expected benefits do not meet the thresholds for a substantial benefit but are critical to the agency's mission success; and the procurement strategy provides for maximum practicable participation by small business.

Yes - SPE

No

No

No

13

FAR 8.405-3(a)(3)(ii)

AFFARS 5308.405-3(a)(3)(ii)

Determination (in writing) to award single-award Blanket Purchase Agreement with an estimated value exceeding $112 million (including any options).

No

HCA

Yes

No

14

FAR 8.405-6(b)(3)(ii)(C)

AFFARS 5308.405-6(b)(3)(ii)(C)

Makes written determination that access through e-Buy not in Government's interest

No

HCA

No

No

15

FAR 8.405-6(d)(4)

Approves the justification for limited sources under a BPA with an estimated value over $100 million

Yes - SPE

No

No

No

16

FAR 9.405(a)

AFFARS 5309.405(a)

Determines compelling reason exists to solicit offers from, award contracts to, or consent to subcontracts with contractor debarred, suspended, or proposed for debarment

No

HCA

No

No

17

DFARS 209.405(b)(ii)(A)

AFFARS 5309.405(b)(ii)(A)

Grants exemption permitting award to contractor that has violation of Clean Air or Clean Water Act

No

HCA

No

No

18

FAR 9.405(e)(2)-(3)

AFFARS 5309.405(e)(2)-(3)

Makes written determination of the compelling reason to consider bid received from, evaluate for award, include in competitive range or hold discussions with listed contractor

No

HCA

No

No

19

FAR 9.405-1(a)(1)

AFFARS 5309.405-1(a)(1)

Directs discontinuance of contracts or subcontracts in existence at time contractor was debarred, suspended, or proposed for debarment

No

HCA

No

No

20

FAR 9.405-1(b)

AFFARS 5309.405-1(b)

For contractors debarred, suspended, or proposed for debarment, makes written determination of the compelling reasons to place orders exceeding the guaranteed minimum; place orders under FSS, BPAs, or BOAs; or add new work, exercise options, or otherwise extend duration or current contracts or orders

No

HCA

No

No

21

FAR 9.405-2(a)
DFARS 209.405-2(a)

AFFARS 5309.405-2(a)

States in writing that compelling reason exists for CO to consent to proposed subcontracts with contractors debarred, suspended, or proposed for debarment

No

HCA

No

No

22

DFARS 211.274-2(b)(2)(i)(A)

AFFARS 5311.274-2(b)(2)(i)(A)

Executes D&F that it is more cost effective for the Government to assign, mark, and register the unique item identifier after delivery, & item is from SB concern or is commercial acquired under FAR Part 12 or 8 for an ACAT I program

No

PEO

No

No

23

FAR 11.501(d)

AFFARS 5311.501(d)

Waives or reduces the amount of liquidated damages assessed under a contract if Commissioner, Financial Management Service, or designee approves (see Treasury Order 145-10).

No

HCA

No

No

24

DFARS 212.207(b)(iii)

AFFARS 5312.207(b)(iii)

Approves written determination by the contracting officer to use T&M or LH for commercial services contracts expected to extend beyond three years

No

HCA, if the base period plus any option period exceeds 3 years

Yes, if the base period plus any option period is 3 years or less and T&M or LH value exceeds $1M

Yes, one level above the CO if the base period plus any option period is 3 years or less and the T&M or LH value is less than or equal to $1M

25

FAR 13.501(a)(2)(iv)

Approves the justification for sole source (including brand name) acquisitions conducted under subpart 13.5 for a proposed action exceeding $100 million

Yes - SPE

No

No

No

26

FAR 16.504(c)(2)(i)(A)

AFFARS 5316.504(c)(2)(i)(A)

Designates official other than contracting officer to make determination in writing, as part of acquisition planning, that multiple awards are not practicable (Contracts for A&S)

No

PEO - For PEO designated programs

HCA - For All Other Programs

No

No

27

FAR 16.504(c)(2)(i)(B)

AFFARS 5316.504(c)(2)(i)(B)

Designates official other than contracting officer to make determination in writing, after the evaluation of offers, that only one offeror is capable of providing the services required at the level of quality required (Contracts for A&S)

No

PEO - For PEO designated programs

HCA - For All Other Programs

No

No

28

FAR 16.504(c)(2)(ii)

AFFARS 5316.504(c)(2)(ii)

Designates official other than contracting officer to make determination whether advisory and assistance services are incidental and not a significant component of contract

No

PEO - For PEO designated programs

HCA - For All Other Programs

No

No

29

FAR 16.505(b)(2)(ii)(C)(4)

Approves the justification for exceptions to fair opportunity for a proposed order over $100 million

Yes - SPE

No

No

No

30

FAR 17.105-1(b)

AFFARS 5317.105-1(b)

Enters into a multi-year contract (MYC) for supplies (DoD) if conditions at (b)(1)-(5) are met

No

PEO - For PEO designated programs

HCA - For All Other Programs

No

No

31

DFARS 217.170(a)

AFFARS 5317.170(a)

Compares cost if MYC to cost of an annual procurement approach, using present value analysis; award only if MYC will result in the lower cost

No

PEO - For PEO designated programs

HCA - For All Other Programs

No

No

32

DFARS 217.170(b)

AFFARS 5317.170(b)

Provides written notice to the congressional defense committees at least 30 days before termination of any MYC

No

PEO - For PEO designated programs

HCA - For All Other Programs

No

No

33

DFARS 217.171(c)

AFFARS 5317.171(c)

Makes written determination before entering into a MYC that the conditions at (c)(1)-(3) are met

No

PEO - For PEO designated programs

HCA - For All Other Programs

No

No

34

DFARS 217.172(h)

AFFARS 5317.172(h)

Ensures that the conditions at (h)(1)-(7) are satisfied before awarding a MYC for a defense acquisition program that has been specifically authorized by law to be carried out using MYC authority

No

PEO - For PEO designated programs

HCA - For All Other Programs

No

No

35

DFARS 217.173

AFFARS 5317.173

Enters into a MYC for up to 4 years (for supplies and services required for management, maintenance, and operation of military family housing) and pay for each year from annual appropriations

No

PEO - For PEO designated programs

HCA - For All Other Programs

No

No

36

DFARS 217.204(e)(i)(C)

AFFARS 5317.204(e)(i)(C)

Determines in writing that exceptional circumstances require an ordering period that exceeds 10 years.

No

PEO - For PEO designated programs

HCA - For All Other Programs

No

No

37

DFARS 217.204(e)(iii)

AFFARS 5317.204(e)(iii)

Approves issuance of an order subject to 217.204(e)(i) if performance under the order is expected to extend more than 1 year beyond the 10-yr limit or extended limit described in (e)(i)(C)

No

PEO - For PEO designated programs

HCA - For All Other Programs

No

No

38

FAR 17.502-2(c)(2)

Approves D&F for an Economy Act order to obtain supplies or services by interagency acquisition when the servicing agency is not covered by the FAR

Yes - SPE

No

No

No

39

DFARS 217.7404-5(b)

AFARS 5317.7404-5(b)

Waives limitations of 217.7404(a) Foreign military sales contracts; 217.7404-2 Price ceiling; 217.7404-3 Definitization schedule; and 217.7404-4 Limitations of obligations, if necessary to support cont. ops or humanitarian/peacekeeping op.

No

HCA

No

No

40

FAR 19.1505(g)(3)

AFFARS 5319.1505(g)(3)

Issues a written decision on appeal of CO rejection of SBA recommendation or makes a written determination that urgent and compelling circumstances which significantly affect the interests of the United States compel award of the contract

No

HCA

No

No

41

FAR 19.1505(g)(5)

AFFARS 5319.1505(g)(5)

Specifies in writing the reasons for a denial of an SBA formal appeal

No

HCA

No

No

42

DFARS 222.7003

AFFARS 5322.7003

Waives the requirements of 222.7002 on case-by-case basis for national security

No

HCA

No

No

43

FAR 25.103(a)
DFARS 225.103(a)(ii)(B)(3)

AFFARS 5325.103(a)(ii)(B)(3)

Determines that domestic preference for foreign end product would be inconsistent with the public interest for acquisitions valued at $1.5 million or more.

Yes – HoA

For ACAT I Programs

HCA - For other than ACAT I programs

No

No

44

FAR 25.202(a)(1)

AFFARS 5325.202(a)(1)

Determines that application of the restrictions of the Buy American statute to a particular construction material would be impracticable or would be inconsistent with the public interest.

Yes – HoA

For ACAT I Programs

HCA - For other than ACAT I programs

No

No

45

FAR 25.204(b)

AFFARS 5325.204(b)

Specifies a higher percentage than 6 percent that the CO adds to the offered price of any foreign construction material proposed for exception from the requirements of the Buy American statute based on the unreasonable cost of domestic construction materials.

Yes – HoA

For ACAT I Programs

HCA - For other than ACAT I programs

No

No

46

FAR 25.603(a)(1)(iii)

AFFARS 5325.603(a)(1)(iii)

Determines that application of the restrictions of section 1605 of the Recovery Act to a particular manufactured construction material, or the restrictions of the Buy American statute to a particular unmanufactured construction material would be inconsistent with the public interest

Yes – HoA

For ACAT I Programs

HCA - For other than ACAT I programs

No

No

47

FAR 25.603(a)(2)

AFFARS 5325.603(a)(2)

Determines that application of the Buy American statute to a particular unmanufactured construction material would be impracticable

Yes – HoA

For ACAT I Programs

HCA - For other than ACAT I programs

No

No

48

FAR 25.603(b)(2)

AFFARS 5325.603(b)(2)

When a determination is made, for any of the reasons stated in this section, that certain foreign construction materials may be used, provides a notice to the Federal Register within three business days after the determination of the inapplicability of Section 1605 of the Recovery Act is made, with a copy to the Administrator for Federal Procurement Policy and to the Recovery Accountability and Transparency Board.

No

HCA

No

No

49

FAR 25.1001(a)(2)(iii)

AFFARS 5325.1001(a)(2)(iii)

Executes D&F in accordance with 25.1001(b), that use of 52.215-2 w/ Alt III or 52.215-5 w/ Alt I will best serve interest of the United States

No

HCA

No

No

50

DFARS 225.7501(c)

AFFARS 5325.7501(c)

Any time during the acquisition process, determines that not in the public interest to apply the restrictions of the Balance of Payments Program to end product or construction material

No

HCA

No

No

51

DFARS 225.7703-2

Makes written determination that it is in the national security interest of the US to use procedures in 225.7703-1(a) for products or services not limited to use by the military forces, police, or other security personnel of Afghanistan (value of $100 million or more)

Yes - SAE

No

No

No

52

FARS 26.203(b)

AFFARS 5326.203(b)

Determines in writing that transition to local firms is not feasible or practicable (individual or class basis)

No

HCA

No

No

53

FAR 27.306(a)

In contracts with small business concerns or nonprofits, approves and signs written justification allowing Government to require licensing to 3rd parties of inventions. May only authorize if (1) Use of the invention by others is necessary for the practice of a subject invention or for the use of a work object of the contract; and (2) Action is necessary to achieve the practical application of the subject invention or work object.

Yes - HoA

No

No

No

54

FAR 30.202-6(b)

Authorizes award of a CAS-covered contract w/o obtaining submission of the required disclosure statement

Yes - HoA

No

No

No

55

FAR 32.402(c)(1)(iii)

AFFARS 5332.402(c)(1)(iii)

Determines, based on written findings, that advance payment is in public interest or facilitates national defense

No

HCA

No

No

56

FAR 32.906(a)

AFFARS 5332.906(a)

Determines that (1) making invoice and contract financing payments earlier than 7 days prior to the dates specified in the contract is warranted in a specific case; or (2) use of accelerated payment methods described in 5 CFR §1315.5 is necessary

No

HCA

No

No

57

FAR 32.1106(b)

AFFARS 5332.1106(b)

Authorizes electronic funds transfer (EFT) for a non-domestic transaction if (1) the political, financial, and communications infrastructure in the foreign country supports EFT payment; or (2) payments of other than United States currency may be made safely

No

HCA

No

No

58

DFARS 236.270(a)

Certifies that the additional expenditures are necessary to protect the National interest AND establishes a reasonable completion date for the project (Approval to expedite the completion date of a contract funded by a MILCON appropriations act, if additional costs are involved)

Yes - HoA

No

No

No

59

FAR 37.113-1(a)

AFFARS 5337.113-1(a)

May waive the 31.205-6(g)(6) cost allowability limitations on severance payments to foreign nationals that meet the conditions at 37.113-1(a)(1)-(2)

No

HCA

No

No

60

DFARS 243.204-70-5(c)

AFFARS 5343.204-70-5(c)

Waives limitations of 243.204-70-2 (price ceiling); 243.204-70-3 (definitization schedule); and 243.204-70-4 (limitations on obligations) if necessary to support cont. ops or humanitarian/peacekeeping op.

No

HCA

No

No

61

FAR 44.302(a)

AFFARS 5344.302(a)

Raises or lowers the $25 million contractor purchasing system review (CPSR) level if considered to be in the Government's best interest

No

HCA

No

No

62

DFARS 245.102(4)(ii)(B)

AFFARS 5345.102(4)(ii)(B)

Determines contractor will not be required to tag, label, or mark items that are to be in support of contingency operation or to facilitate defense against/recovery from NBCR attack

No

HCA

No

No

63

DFARS 245.102(4)(ii)(C)(1)(i)

AFFARS 5345.102(4(ii)(C)(1)(i)

Executes D&F concluding that it is more cost effective for the Government requiring activity to assign, mark, and register the unique item identification after delivery of an item acquired from a small business concern or a commercial item acquired under FAR part 12 or part 8 for ACAT I programs.

No

PEO

No

No

64

DFARS 249.501-70(a)

AFFARS 5349.501-70(a)

Approves the use of 252.249-7000, Special Termination Costs in incrementally funded contract

No

HCA

No

No