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MP5301.601 (a)(i) Department of the Air Force Approval Authority Matrices
Tables 1 and 2 consist of delegations (or retentions) of authority made by the Department of the Air Force Agency Head (HoA), Senior Procurement Executive (SPE), Service Acquisition Executives (SAEs), and Head of Contracting Activities (HCAs). The Tables do not contain authorities originally invested somewhere other than those positions (e.g., certain class deviations which must be approved by DPCAP). Table 3 reflects the authority to enter into, approve, or terminate Grants, Cooperative Agreements, Other Transactions and Procurements for Experimental purposes—including the issuance of a warrant for such purposes.
TABLE 1 – SAF/AQ NON-SPACE SYSTEMS AND PROGRAMS:
SAF/AQ is authorized to execute HoA, SAE, and SPE responsibilities for non-space systems and programs, including product support, unless otherwise noted in regulations or policy. For non-space systems and programs, including product support, SAF/AQC (Deputy Assistant Secretary (Contracting) or the Associate Deputy Assistant Secretary (Contracting)) is designated HCA. Documents requiring HCA approval by SAF/AQC shall be submitted through the SCO to the SAF/AQC Workflow. Approvals from SAF/AQ, SecAF, or DPCAP require coordination from SAF/AQC.
Packages submitted to SAF/AQ shall include an electronic Staff Summary Sheet (eSSS) in the body of the email or as an attachment (Word document only). Include any applicable documentation and list each attachment under “Tabs” on the eSSS using the exact electronic file name (e.g., ACE Acquisition Strategy) of the corresponding attachment. Changes recommended during the staffing process must be adjudicated by the contracting officer. Submit questions or concerns regarding processing packages that require SAF/AQ approval to SAF/AQC Workflow.
TABLE 2 SAF/SQ SPACE SYSTEMS AND PROGRAMS:
SAF/SQ is authorized to execute HoA, SAE, and certain SPE responsibilities for space systems and programs, unless otherwise noted in regulation or policy. For space related systems and programs, the Director of Contracting, Space Systems Command (SSC/PK); the Space Development Agency (SDA) Director; or Space RCO (SpRCO) Director of Contracting are designated HCAs. Submit documents requiring HCA coordination or approval to the cognizant HCA workflow identified in DAFFARS 5302.101. Approvals from SAF/AQ, SAF/SQ, DPCAP, or SecAF require coordination from the HCA.
NOTE : Further Delegable Columns with “No” indicate retained responsibilities or those that are non-delegable or cannot be delegated further per regulation or statute. Further Delegable Columns with “Yes” require written delegations approved by the Delegated Authority reflected.
Table 3: AUTHORITIES
Authority to enter into, approve, or terminate Grants, Cooperative Agreements, Other Transactions, and Procurements for Experimental Purposes has been approved as shown in Table 3. This authority may be redelegated within the contracting functional chain of responsibility, in writing, under such terms, conditions, and limitations as may be deemed appropriate.
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| TABLE 1 SAF/AQ NON-SPACE SYSTEMS AND PROGRAMS AND SAF/SQ SPACE SYSTEMS AND PROGRAMS; WHEN HCA IS SAF/AQC | TABLE 2 SAF/SQ SPACE SYSTEMS AND PROGRAMS; WHEN HCA IS SSC, SpRCO, SDA [AR1]
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| Item | Reference | Responsibility/Designee | Delegated Authority | Further Delegable | Delegated Authority | Further Delegable |
| 1 | DAFFARS 5301.601(a)(i) DAFFARS 5301.603-1 DAFFARS MP 5301.603-90(a) | Authority to select and appoint contracting officers and terminate their appointments | SCO | Yes, for zero-dollar, SAT, $5M, and $25M warrants, to no lower than the COCO
Yes, for unlimited warrants to no lower than the Deputy Director or Tech Director IAW DAFFARS 5302 definition of SCO | SCO | Yes, for zero-dollar, SAT, $5M, and $25M warrants, to no lower than the COCO
Yes, for unlimited warrants to no lower than the Deputy Director or Tech Director IAW DAFFARS 5302 definition of SCO |
| 2 | DAFFARS 5301.601(a)(i)(A)
| Authority to enter into, approve, or terminate Grants, Cooperative Agreements, Other Transactions and Procurements for Experimental purposes—including the issuance of a warrant for such purposes. | See Table 3 | See Table 3 | See Table 3 | See Table 3 |
| 3 | FAR 1.602-3(b)(2) and (3) DAFFARS 5301.602-3(b)(2) | Ratification of unauthorized commitments, subject to the limitations in FAR 1.602-3(c) at or above SAT. | SCO | No | SCO | No |
| 4 | FAR 1.602-3(b)(2) and (3) DAFFARS 5301.602-3(b)(2) | Ratification of unauthorized commitments, subject to the limitations in FAR 1.602-3(c) below SAT. | COCO | No | COCO | No |
| 5 | FAR 3.104-2(a) DAFFARS 5303.104-2(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. | SAF/AQ | No | SAF/SQ | No |
| 6 | FAR 3.104-3(c)(1)(ii) FAR 3.104-5(c)(2) DAFFARS 5303.104-3(c)(1)(ii) DAFFARS 5303.104-5(c)(2) | Authorizes the disqualified official to resume participation in the procurement or determine that an additional disqualification period is necessary. (See DAFFARS 5303.104-5(c)(2) when the disqualified official is the SCO or the HCA). | SCO | No | SCO | No |
| 7 | FAR 3.104-7(a)(1)
DAFFARS 5303.104-7(a)(1) | Individual designated to review the information concerning the violation or possible violation and documentation supporting a contracting officer’s determination that there is no impact on the procurement | Clearance Approval Authority; if the HCA is the CAA, then SCO. If there is no CAA, then COCO | No | Clearance Approval Authority; if the HCA is the CAA, then SCO. If there is no CAA, then COCO. | No |
| 8 | FAR 3.104-7 DAFFARS 5303.104-7(g) | The HCA may delegate his or her authority under FAR 3.104-7(a)(1)(ii) thru (f) to an individual at least one organizational level above the contracting officer and of General Officer, Flag, Senior Executive Service, or equivalent rank. | SCO, only if GO or SES; otherwise, SAF/AQC | No | SCO, only if GO or SES; otherwise, HCA | No |
| 9 | FAR 3.202 DAFFARS 5303.202 | 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). | SAF/AQC | No | HCA | No |
| 10 | DFARS 203.570-2(a) DAFFARS 5303.570-2(a) | Grants waiver in the interest of national security that the prohibition period described in Paragraph (c) of clause 252.203-7001 may be less than 5 years. | SAF/AQC | No | HCA | No |
| 11 | DFARS 203.570-2(b) DAFFARS 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. | SAF/AQC | No | HCA | No |
| 12 | FAR 3.602 DAFFARS 5303.602
| Authorizes contract award to a Government employee or to a business concern owned or controlled by a Government employee and only if there is a most compelling reason to do so per FAR 3.602. | SAF/AQC | No | HCA | No |
| 13 | FAR 3.704(a) and (b) DAFFARS 5303.704(a) and (b) | Shall consider the facts available and, if appropriate, may declare void and rescind contracts, and recover the amounts expended and property transferred by the agency in accordance with the policies and procedures FAR 3.704, where there is a final conviction for any violation of 18 U.S.C.201-224 involving or relating to contracts awarded by an agency. Should also consider initiating debarment proceedings in accordance with subpart 9.4 if debarment has not been initiated, or is not in effect at the time the final conviction is entered. | SCO | No | SCO | No |
| 14 | FAR 3.704(c) DAFFARS 5303.704(c) | Shall consider, in addition to any other penalty prescribed by law or regulation, declaring void and rescinding contracts, as appropriate, and recovering the amounts expended using the procedures at 3.705 (see 3.104-7), and recommending the initiation of suspension or debarment proceedings IAW subpart 9.4, where there is a final conviction, or HoA or designee determination, of an offense punishable under 41 U.S.C. 2105 | SCO | No | SCO | No |
| 15 | FAR 3.906(c) DFARS 203.906(1) DAFFARS 5303.906(c)(1) | Takes required actions regarding reprisals as prohibited by 203.903 (10 USC 4701). | SAF/AQC | No | HCA | No |
| 16 | FAR 3.1104(b) DAFFARS 5303.1104(b)
| Determines in writing that such action in FAR 3.1104(a) is in the best interest of the Government (HCA may impose conditions that provide mitigation of a personal conflict of interest or grant a waiver). | SAF/AQC | No | HCA | No |
| 17 | FAR 5.102(a)(5)(iii) DAFFARS 5305.102(a)(5)(iii) | Makes written determination that availability of a solicitation through the GPE is not in the Government's interest. | SAF/AQC | No | HCA | No |
| 18 | FAR 5.202(b) DAFFARS 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. | SAF/AQC | No | HCA | No |
| 19 | FAR 5.502(a) DFARS 205.502(a) DAFFARS 5305.502(a) | Approves the publication of paid advertisements in newspapers. | SCO | Yes, one level above CO | COCO | No |
| 20 | DFARS 206.302-1(a)(2)(i)(1) DAFFARS 5306.302-1(a)(2)(i)(1) | Determines if agency can enter into contracts for studies, analyses, or consulting services on the basis of an unsolicited proposal without providing for full and open competition. | SCO | Yes, no lower than COCO | COCO | No |
| 21 | FAR 6.302-1(d) DFARS 206.302-1(d) DFARS PGI 206.302-1(d) DAFFARS 5306.302-1(d)
| Approves waiver to post request for information or sources sought notices when using J&A authority FAR 6.302-1. | SCO if GO or SES or MAJCOM SCO if GO or SES; otherwise, SAF/AQC | No | SCO if GO or SES; otherwise, HCA | No |
| 22 | DFARS 206.302-4(c) DAFFARS 5306.302-4(c) | Approves a document (DAFFARS prescribes use of International Agreement Competitive Restrictions (IACR)) that describes the terms of an agreement or treaty or written directions, such as a Letter of Offer and Acceptance, which have the effect of requiring the use of other than competitive procedures. J&A is not required. | CO | No | CO | No |
| 23 | FAR 6.304(a)(4) DAFFARS 5306.304(a) | Approves in writing the justification for other than full and open competition for proposed contracts over $100M. | SAF/AQ | No | SAF/SQ
| No |
| 24 | FAR 7.107-2(b) DAFFARS 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). | SCO | No | SCO | No |
| 25 | FAR 7.107-2(e) DAFFARS 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. | SCO | No | SCO | No |
| 26 | FAR 7.107-3(a) DAFFARS 5307.107-3(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. | SAF/AQ | No | SAF/SQ | No |
| 27 | FAR 7.107-3(f)(1) DAFFARS 5307.107-3(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. | SAF/AQ | No | SAF/SQ | No |
| 28 | DFARS 207.470(b) DAFFARS 5307.470(b) | Approves D&F for acquisition of vessel/aircraft/vehicle through a lease/charter/similar agreement for 18 months or more. | SCO | No | SCO | No |
| 29 | FAR 8.404(h)(3)(ii)(C) DAFFARS 5308.404(h)(3)(ii)(C) | Approves D&F when the total performance period, including options, of a T&M/LH order is more than three years. | SCO | Yes, no lower than the COCO | COCO | No |
| 30 | FAR 8.405-3(a)(3)(ii) DAFFARS 5308.405-3(a)(3)(ii) | Determination (in writing) to award single-award Blanket Purchase Agreement with an estimated value exceeding $100 million (including any options). | SCO | No | SCO | No |
| 31 | FAR 8.405-6(b)(3)(ii)(C) DAFFARS 5308.405-6(b)(3)(ii)(C) | Makes written determination that access through e-Buy not in Government's interest. | SAF/AQC | No | HCA | No |
| 32 | FAR 8.405-6(d)(4) DAFFARS 5308.405-6(d) DAFFARS 5306.304(a)
| Approves the justification for limited sources under a BPA with an estimated value over $100M. | SAF/AQ | No | SAF/SQ
| No |
| 33 | FAR 9.202(a) DFARS PGI 209.202(a)(1) DAFFARS 5309.202(a)(1) | Is the designee referenced in FAR 9.202(a) (inclusion of other qualification requirements). | SCO | Yes, no lower than the COCO | COCO | No |
| 34 | FAR 9.206-1(b) DAFFARS 5309.206-1(b) | Is the designee referenced in FAR 9.206-1(b) (enforcing qualification requirements). | SCO | Yes, no lower than COCO | COCO | No |
| 35 | DFARS 209.270-3(a) DAFFARS 5309.270-3(a) | Approves a contract for procurement, modification, repair, or overhaul of an aviation critical safety item with a source approved by the head of the design control activity. | SCO | Yes, no lower than the COCO | COCO | No |
| 36 | FAR 9.405(a) DAFFARS 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. | SAF/AQC | No | HCA | No |
| 37 | DFARS 209.405(b)(ii)(A) DAFFARS 5309.405(b)(ii)(A) | Grants exemption permitting award to contractor that has violation of Clean Air or Clean Water Act. | SAF/AQC | No | HCA | No |
| 38
| FAR 9.405(e)(2)-(3) DAFFARS 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. | SAF/AQC | No | HCA | No |
| 39 | FAR 9.405-1(a)(1) DAFFARS 5309.405-1(a)(1) | Directs discontinuance of contracts or subcontracts in existence at time contractor was debarred, suspended, or proposed for debarment. | SAF/AQC | No | HCA | No |
| 40 | FAR 9.405-1(a)(2) DAFFARS 5309.405-1(a)(2) | 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. | SAF/AQC | No | HCA | No |
| 41 | FAR 9.405-2(a) DFARS 209.405-2(a) DAFFARS 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, or that the Secretary of Defense has identified in SAM Exclusions as being owned or controlled by the government of a country that is a state sponsor of terrorism. | SAF/AQC | No | HCA | No |
| 42 | FAR 9.503/ 9.506(d)(3) DAFFARS 5309.503 DAFFARS 5309.504(c) | Waives FAR 9.5 requirements -- Organizational and Consultant Conflicts of Interest (OCI). | SAF/AQC | No | HCA | No |
| 43 | DFARS 209.571-7(c)(1) DAFFARS 5309.571-7(c)(1) | Determines an exception to Limitation on Future Contracting in systems engineering and technical assistance contracts is necessary. | SAF/AQC | No | HCA | No |
| 44 | FAR 11.103(a) DAFFARS 5311.103(a) | Require offerors to demonstrate that items offered have (1) either achieved market acceptance or been satisfactorily supplied to an agency under current or recent contracts for the same or similar requirements, and (2) otherwise meet the item description, specifications, or other criteria prescribed in the public notice and solicitation. | CO | No | CO | No |
| 45 | DFARS 211.274-2(b)(1) DAFFARS 5311.274-2(b)(1)
| Determines the items are to be used to support a contingency or humanitarian or peacekeeping operation; to facilitate defense against or recovery from nuclear, biological, chemical, or radiological attack; to facilitate the provision of international disaster assistance; or to support response to an emergency or major disaster and, therefore, contractor not required to provide DoD IUID. | SCO | No | SCO | No |
| 46 | DFARS 211.274-2(b)(2)(i)(A) DAFFARS 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 acquired from SB concern or is commercial acquired under FAR Part 12 or 8 for an ACAT I program. | PEO | No | PEO | No |
| 47 | DFARS 211.274-2(b)(2)(i)(B) DAFFARS 5311.274-2(b)(2)(i)(B) | Executes D&F that it is more cost effective for the Government to assign, mark, and register the unique item identifier after delivery, & item acquired from SB concern or is commercial acquired under FAR Part 12 or 8 for all other programs. | SCO | No | SCO | No |
| 48 | FAR 11.501(d) DAFFARS 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). | SAF/AQC | No | HCA | No |
| 49 | DFARS 212.102(a)(ii)(B) DAFFARS 5312.102(a)(ii)(B) | If the contracting officer challenges an existing commercial product or commercial service determination, either confirm the prior determination was appropriate and still applicable, or issue a determination that the prior use of FAR Part 12 procedures was improper, or no longer appropriate, with a written explanation for the basis of the determination. | SCO | No | SCO | No |
| 50 | FAR 12.102(f)(1) DAFFARS 5312.102(f)(1) | Determines that an acquisition of supplies or services is to be used to facilitate defense against or recovery from cyber, nuclear, biological, chemical, or radiological attack in order to treat the acquisition as an acquisition of commercial products or commercial services. | SCO | No | SCO | No |
| 51 | DFARS 212.207(b)(iii) DAFFARS 5312.207(b)(iii)
| For any class D&F, approves written determination by the contracting officer to use T&M or LH for commercial services contracts.
| SAF/AQC | No | HCA | No |
| 52 | DFARS 212.207(b)(iii) DAFFARS 5312.207(b)(iii)
| For an individual D&F if the base period plus any option period exceeds 3 years regardless of T&M/LH value, or if the T&M/LH value exceeds $10M, approves written determination by the contracting officer to use T&M or LH for commercial services contracts.
| SCO | No | SCO | No |
| 53 | DFARS 212.207(b)(iii) DAFFARS 5312.207(b)(iii)
| For an individual D&F if the base period plus any option period is 3 years or less & the T&M/LH value is less than or equal to $10M, approves written determination by the contracting officer to use T&M or LH for commercial services contracts.
| SCO | Yes, no lower than 1-level above the CO | SCO | Yes, no lower than the COCO |
| 54 | DFARS 212.272(b)(2)(i) DAFFARS 5312.272(b)(2)(i) | For contracts above $10M, determines no commercial services are suitable to meet the agency’s needs for facilities-related services, knowledge-based services (e.g., Advisory and Assistance Services excluding engineering services), medical services, or transportation services. | SCO | Yes, no lower than the COCO | COCO | No |
| 55 | FAR 12.302(c) DFARS 212.302(c) DAFFARS 5312.302(c) | Waiver authority for tailoring provisions and clauses for acquisition of commercial products and commercial services under FAR 12.302(c). | SCO | No | SCO | No |
| 56 | DFARS 212.7003 DFARS PGI 212.7003(a) DAFFARS 5312.7003(a) | Approves the written determination prepared by the CO prior to awarding a contract in excess of $100 million pursuant to a commercial solutions opening (CSO). | SCO | No | SCO | No |
| 57 | FAR 13.201(g)(1) DFARS 213.201(g) DFARS PGI 213.201(g) DAFFARS 5313.201(g)(1) | Determines that acquisitions of supplies or services are to be used to support a contingency operation; to facilitate defense against or recovery from cyber, nuclear, biological, chemical, or radiological attack; to support a request from the Secretary of State or the Administrator of the United States Agency for International Development to facilitate provision of international disaster assistance pursuant to 22 U.S.C. 2292 et seq; or to support response to an emergency or major disaster ( 42 U.S.C. 5122), which raises the micro-purchase threshold. | SCO | No | SCO | No |
| 58 | FAR 13.500(c)(1) DAFFARS 5313.500(c)(1) | To determine that acquisitions of commercial products or commercial services are to be used to support a contingency operation; to facilitate defense against or recovery from cyber, nuclear, biological, chemical, or radiological attack; to support a request from the Secretary of State or the Administrator of the United States Agency for International Development to facilitate provision of international disaster assistance; or to support response to an emergency or major disaster. | SCO | No | SCO | No |
| 59 | FAR 14.201-7(b)(2) and (c)(2) DAFFARS 5314.201-7(b)(2) and (c)(2) | Waives the requirement for inclusion of FAR clauses 52.214-27 and 52.214-28 in a contract with a foreign government or agency of that government. | SCO | No | SCO | No |
| 60 | FAR 14.407-3(e) DAFFARS 5314.407-3(e) | Make administrative determinations in connection with mistakes in bids alleged after opening of bids and before award. | COCO | No | COCO | No |
| 61 | DFARS PGI 215.300 (DoD Source Selection Procedures) 1.2.3 DAFFARS MP5315.3 1.2.3 | Waives requirements of DoD Source Selection Procedures paragraph 1.2 for solicitations valued between $10M and $1B | SCO | No | SCO | No |
| 62 | DAFFARS MP5315.3 1.2.6.1 | Allows for the use of price as the only evaluation factor for an acquisition valued over $50M | SCO | No | SCO | No |
| 63 | DFARS 215.371-4(a)(2) DAFFARS 5315.371-4(a)(2) | Waives the requirements at DFARS 215.371-2 for acquisitions in support of contingency or humanitarian or peacekeeping operations; to facilitate defense against or recovery from cyber, nuclear, biological, chemical, or radiological attack; to facilitate the provision of international disaster assistance; or to support response to an emergency or major disaster | SAF/AQC | No | HCA | No |
| 64 | DFARS 215.371-5 DAFFARS 5315.371-5 | Waives the requirement at DFARS 215.371-2 to resolicit for an additional period of at least 30 days when only one offer is received as a result of a competitive solicitation allowing fewer than 30 days for receipt of proposals. | SCO | Yes, no lower than the COCO | COCO | No |
| 65 | Class Deviation 2022-O0005 Rev 1 DAFFARS 5315.403-1(b) | Determines certified cost or pricing data should be required based on past performance or other information specific to the award.
| SCO | No | SCO | No |
| 66 | FAR 15.403-1(c)(4) DFARS 215.403-1(c)(4)(A) DAFFARS 5315.403-1(c)(4)(A) | Waives requirement for submission of certified cost or pricing data in exceptional cases. | SAF/AQC | No | HCA | No |
| 67 | FAR 15.403-3(a)(4) DAFFARS 5315.403-3(a)(4)
| Approves determination to make award without offeror submission of data other than certified cost or pricing data.
| SCO | No | SCO | No |
| 68 | DFARS PGI 215.403-3(a)(6)(ii) DAFFARS 5315.403-3(a)(6)(ii) | Provides quarterly information within 25 days following the end of the quarter using Contractor Denials of Data Requests.
| SCO | No | SCO | No |
| 69 | FAR 15.403-4(a)(2) DAFFARS 5315.403-4(a)(2) | Authorizes CO to obtain certified cost or pricing data for actions below the threshold in FAR 15.403-4(a)(1), provided the action exceeds the SAT. | SAF/AQC | No | HCA | No |
| 70 | Class Deviation 2022-O0005 Rev 2 DAFFARS 5315.404-2 | Determines that auditing of records should be required based on past performance or other information specific to the award. | SCO | No | SCO | No |
| 71 | DFARS 215.404-4(c)(2)(C)(2) DAFFARS 5315.404-4(c)(2)(C)(2) | Approves the use of the alternate structured approach for Profit (see DFARS 215.404-73). | SCO | Yes, no lower than the COCO | COCO | No |
| 72 | DFARS 215.407-3(b)(i) DAFFARS 5315.407-3(b)(i) | Waives on a case-by-case basis, the use of forward pricing rate agreement (FPRA) rates when such rates are available. | SCO | No | SCO | No |
| 73 | DFARS PGI 215.407-4(c)(2)(B) DAFFARS 5315.407-4(c)(2)(B) | Requests an overhead should-cost review for a contractor business unit that does not meet the criteria found in DFARS PGI 215.407-4(c)(2)(A). | SCO | No | SCO | No |
| 74 | DFARS 215.408(2)(i)(A)(2) DFARS 225.870-4(c)(2)(ii) DAFFARS 5315.408(2)(i)(A)(2) | Approve determination (when contracting with the Canadian Commercial Corporation) that data other than certified cost or pricing data are needed in order to determine that the price is fair and reasonable. | SCO | Yes, no lower than 2-levels above the CO | SCO | No |
| 75 | DFARS 215.408(2)(ii)(A)(2) DFARS 225.870-4(c)(2)(ii) DAFFARS 5315.408(2)(ii)(A)(2) | Approve determination (when contracting with the Canadian Commercial Corporation) that it is reasonably certain that data other than certified cost or pricing data will be needed in order to determine that the price of modifications is fair and reasonable. | SCO | Yes, no lower than 2-levels above the CO | SCO | No |
| 76 | FAR 16.206-3(d) DAFFARS 5316.206-3(d) | Approves the use of a fixed-ceiling-price contract with retroactive price redetermination. | SAF/AQC | No | HCA | No |
| 77 | FAR 16.401(d) DFARS 216.401(d)(i) DAFFARS 5316.401(d)(i) | Determines that the use of an award-fee contract is in the best interest of the government. | SCO | No
| SCO | No
|
| 78 | FAR 16.401(d) DFARS 216.401(d)(ii) DAFFARS 5316.401(d)(ii) | Determines that the use of an incentive contract is in the best interest of the government. | SCO | Yes, no lower than 1-level above the CO | COCO | No |
| 79 | FAR 16.401(e)(3)(i) DAFFARS 5316.401(e)(3)(i)
| Designate the Fee Determining Official on an individual contract or class basis. This designation may be made by name, position, or function, without limitation. | PEO for PEO designated programs or SCO for all other programs | Yes | PEO for PEO designated programs or SCO for all other programs | Yes |
| 80 | DFARS 216.405-2(1) DAFFARS 5316.405-2(1) | Approves determination that a percentage of award fee available for the final evaluation be set below 40 percent. | SAF/AQC | No | HCA | No |
| 81 | FAR 16.504(c)(1)(ii)(D)(1) DFARS 216.504(c)(1)(ii)(D)(1) DAFFARS 5316.504(c)(1)(ii)(D)(1) | Approves D&F to justify award of task or delivery order contract in an amount estimated to exceed $100 million (including all options) to a single source | SCO | No | SCO | No |
| 82 | FAR 16.505(b)(2)(ii)(C)(4) DAFFARS 5316.505(b)(2)(ii)(C)(4)
| Approves the justification for exceptions to fair opportunity for a proposed order over $100M. | SAF/AQ | No | SAF/SQ | No |
| 83 | FAR 16.601(d)(1)(ii) DFARS 216.601(d)(i)(A)(2) DAFFARS 5316.601(d)(1)(ii) | When the base period plus any option periods exceeds three years, determines that no other contract type is suitable before using a time-and-materials contract. | SAF/AQC | Yes, SCO may approve individual D&F within scope of class D&F (approved by HCA) | HCA | Yes, SCO may approve individual D&F within scope of class D&F (approved by HCA) |
| 84 | FAR 16.601(d)(1)(ii) DFARS 216.601(d)(i)(A)(3) DAFFARS 5316.601(d)(i)(A)(3) | Determines that a contract is excepted from approval requirements of DFARS (d)(i)(A)(1) and (2) | SAF/AQC | No | HCA | No |
| 85 | FAR 16.603-2(c)(3) DAFFARS 5316.603-2(c)(3) | Approves the determination of a reasonable price or fee if the CO & contractor fail to reach agreement. | SCO | No | SCO | No |
| 86 | FAR 16.603-3 DAFFARS 5316.603-3 | Determines a letter contract may be used if no other contract type is suitable. | SCO | Yes, below $50M but no lower than the COCO | SCO if $50M or greater, COCO if less than $50M | No |
| 87 | FAR 17.105-1(b) DAFFARS 5317.105-1(b) | Enters into a multi-year contract (MYC) for supplies (DoD) if conditions at (b)(1)-(5) are met. | PEO for PEO designated programs
SAF/AQC for all other programs | No | PEO for PEO designated programs
HCA for all other programs | No |
| 88 | FAR 17.106-3(f) DAFFARS 5317.106-3(f) | Authorizes the use of a solicitation requesting only multi-year prices, provided that dual proposals are not necessary to meet the objectives in FAR 17.105-2. | SCO | No | SCO | No |
| 89 | FAR 17.106-3(g) DAFFARS 5317.106-3(g) | Approves the use of variable unit prices on multi-year contracts provided that, for competitive proposals, there is a valid method of evaluation. | SCO | No | SCO | No |
| 90 | DFARS 217.170(a) DAFFARS 5317.170(a) | Compares cost of MYC to cost of an annual procurement approach, using present value analysis; award only if MYC will result in the lower cost. | PEO for PEO designated programs
SAF/AQC for all other programs | No | PEO for PEO designated programs
HCA for all other programs | No |
| 91 | DFARS 217.170(b) DAFFARS 5317.170(b) | Provides written notice to the congressional defense committees at least 30 days before termination of any MYC. | PEO for PEO designated programs
SAF/AQC for all other programs | No | PEO for PEO designated programs
HCA for all other programs | No |
| 92 | DFARS 217.171(c) DAFFARS 5317.171(c) | Makes written determination before entering into a MYC that the conditions at (c)(1)-(3) are met. | PEO for PEO designated programs
SAF/AQC for all other programs | No | PEO for PEO designated programs
HCA for all other programs | No |
| 93 | DFARS 217.172(f)(2) DAFFARS 5317.172(f)(2) | Determines the conditions required by DFARS 217.172(h)(2)(i)-(vii) will be met by a multi-year contract equal to or greater than $750M. | SCO | No | SCO | No |
| 94 | DFARS 217.172(g) DAFFARS 5317.172(g) | Enters into a MYC for a weapon system pursuant to DFARS 217.172(g)(1) or advance procurement of components, parts, and materials necessary to manufacture a weapon system pursuant to DFARS 217.172 (g)(2) | SAF/AQC | No | HCA | No |
| 95 | DFARS 217.172(h) DAFFARS 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. | PEO for PEO designated programs
SAF/AQC for all other programs | No | PEO for PEO designated programs
HCA for all other programs | No |
| 96 | DFARS 217.173 DAFFARS 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. | PEO for PEO designated programs
SAF/AQC for all other programs | No | PEO for PEO designated programs
HCA for all other programs | No |
| 97 | DFARS 217.174(b) DAFFARS 5317.174(b) | Determines, on the basis of a business case analysis, that the proposed purchase of electricity from sources of renewable energy under such contract is cost effective; and it would not be possible to purchase electricity from the source in an economical manner without the use of a contract for a period in excess of five years. | SCO | No | SCO | No |
| 98 | DFARS 217.204(e)(i)(C) DAFFARS 5317.204(e)(i)(C) | Determines in writing that exceptional circumstances require an ordering period that exceeds 10 years. | PEO for PEO designated programs
SAF/AQC for all other programs | No | PEO for PEO designated programs
HCA for all other programs | No |
| 99 | DFARS 217.204(e)(iii) DAFFARS 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).
| PEO for PEO designated programs
SAF/AQC for all other programs | No | PEO for PEO designated programs
HCA for all other programs | No |
| 100 | FAR 17.502-2(c)(2) DAFFARS 5317.502-2(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. | SAF/AQ | No | SAF/SQ | No |
| 101 | FAR 17.703(e) DAFFARS 5317.703(e) | Determine in writing that it is necessary in the interest of DoD to acquire supplies and services through the nondefense agency during the fiscal year, absent certification required by 17.703(a). | SAF/AQC | No | HCA | No |
| 102 | DFARS 217.7404(a)(1)(ii) DFARS 217.7404-1 DAFFARS 5317.7404(a)(1)(ii) DAFFARS 5317.7404-1 | Approves Undefinitized Contract Actions (UCA), to include Foreign Military Sales & including requirements for non-urgent spare parts and support equipment in a UCA; or modifying the scope of a UCA when performance has already begun. | SCO | Yes, below $50M no lower than the COCO | SCO if $50M or greater, COCO if less than $50M | No |
| 103 | DFARS 217.7404(b)(2) DFARS 252.217-7027(c) DAFFARS 5317.7404(b)(2) | Approves unilateral definitizations by the Contracting Officer (in writing) for UCAs with a value greater than $50M.
| SAF/AQC | No | HCA | No |
| 104 | DFARS 217.7404(b)(2) DFARS 252.217-7027(c) DAFFARS 5317.7404(b)(2) | Approves unilateral definitizations by the Contracting Officer (in writing) for UCAs with a value of $50M or below.
| SCO | Yes, no lower than the COCO | COCO | No |
| 105 | DFARS 217.7404-3(a)(1) DAFFARS 5317.7404-3(a)(1) | Determines in writing that extending definitization beyond an additional 90 days is in the best interest of the Government. | SAF/AQC | No | HCA | No |
| 106 | DFARS 217.7404-5(b) DAFFARS 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. | HCA | No | HCA | No |
| 107 | DFARS PGI 217.7504(4)(ii) DAFFARS 5317.7504(4)(ii) | Authorizes reverse engineering. | SCO | No | SCO | No |
| 108 | DFARS 217.7505(b) DAFFARS 5317.7505(b) | Contracting Officer submits certification for a replenishment part price increase that increased by 25 percent or more over the most recent 12-month period to the appropriate authority. | SCO | No | SCO | No |
| 109 | FAR 18.125 DAFFARS 5318.125 | Determines that the contracting process may continue after GAO has received a protest (See FAR 33.104(b) and (c)). | SAF/AQC | No | HCA | No |
| 110 | FAR 18.2 FAR 18.201 DFARS 218.271 DFARS 218.202 DFARS 218.201(2) DFARS 218.201 DAFFARS 5318.202 DAFFARS 5318.201(c)(2) DAFFARS 5318.201(c) DAFFARS 5318.201(b) DAFFARS 5318.271(S-90) DAFFARS 5318.271
Associated References FAR 2.101, paragraph (3) FAR 2.101 FAR 12.102(f)(1) FAR 13.500(c)(1) FAR 13.201(g)(1) DFARS 211.274-2(b)(1) DFARS 215.371-4(a)(2) DFARS 216.601(d)(i)(A)(3) DAFFARS 5311.274-2(b)(1) DAFFARS 5312.102(f)(1) DAFFARS 5313.201(g)(1) DAFFARS 5313.500(c)(1) DAFFARS 5315.371-4(a)(2) DAFFARS 5316.601(d)(i)(A)(3)
| Determines that micro-purchases and simplified acquisitions of supplies or services (or the supplies or services themselves as applicable) are to be used in support of a contingency operation; to facilitate defense against or recovery from cyber, nuclear, biological, chemical, or radiological attack; to facilitate the provision of international disaster assistance; or to support response to an emergency or major disaster. | SCO | Yes, no lower than COCO | COCO | No |
| 111 | FAR 19.201(b) DAFFARS 5319.201(b) | Implements small business programs within their activities, achieve program goals, and ensure contracting personnel maintain knowledge of program requirements. | SCO | No | SCO | No |
| 112 | DFARS 219.201(c)(8) DAFFARS 5319.201(c)(8) | Assigns small business technical advisors to perform this function in accordance with DFARS 219.201(c)(8). | SCO | No | SCO | No |
| 113 | FAR 19.502-8(b) DFARS 219.502-8(b) DAFFARS 5319.502-8(b) | Renders a decision regarding the CO’s rejection of an SBA recommendation. | SCO | Yes, no lower than the COCO | COCO | No |
| 114 | FAR 19.1305(d)(2) DAFFARS 5319.1305(d)(2) | Determines not to suspend action on the acquisition because urgent and compelling circumstances exist. | SCO | No | SCO | No |
| 115 | FAR 19.1405(d) DAFFARS 5319.1405(d) | Determines not to suspend action. Replies to SBA after receipt of a formal appeal from SBA concerning rejection of a set-aside for Service-disabled Veteran-owned Small Business. | SCO | No | SCO | No |
| 116 | FAR 19.1505(i)(3) DAFFARS 5319.1505(i)(3) | Issues a written determination on SBA’s appeal of the CO rejection of SBA’s PCR recommendation.
| SAF/AQC | No | HCA | No |
| 117 | FAR 19.1505(i)(3) DAFFARS 5319.1505(i)(3) | Makes a written determination that urgent and compelling circumstances which significantly affect the interests of the United States compel award of the contract. | SAF/AQC | No | HCA | No |
| 118 | FAR 19.1505(i)(5) DAFFARS 5319.1505(i)(5) | Specifies in writing the reasons for a denial of an SBA formal appeal. | SAF/AQC | No | HCA | No |
| 119 | FAR 22.101-1(e) DAFFARS 5322.101-1(e) | Designates programs for contractors to notify Government of actual or potential labor disputes. | SCO | Yes, no lower than the COCO | COCO | No |
| 120 | DFARS 222.101-3-70(b) DFARS PGI 222.101-3-70(b)(ii) DAFFARS 5322.101-3-70(b)(ii) | Submits impact reports on labor disputes to agency head when sufficient urgency warrants the attention of the agency head or when specifically requested. | SCO | No | SCO | No |
| 121 | FAR 22.406-13 DFARS 222.406-13 DAFFARS 5322.406-13 | For construction contracts, submits Semiannual Enforcement Reports to the labor advisor. | SCO | No | SCO | No |
| 122 | FAR 22.504(d) DAFFARS 5322.504(d) | Exceptions to project labor agreement requirement at 22.503(b) | SCO | No | HCA | SCO |
| 123 | FAR 22.805(a)(8) DAFFARS 5322.805(a)(8) | Approves an urgent or critical award, without pre-award clearance from the Office of Federal Contract Compliance Programs (OFCCP), if OFCCP cannot complete the evaluation by required date. Applies for contracts/subcontracts $10M or more excluding construction. | SCO | No | SCO | No |
| 124 | FAR 22.1802(d) DAFFARS 5322.1802(d) | Waives the E-Verify requirement for a contract or subcontract or a class of contracts or subcontracts, either temporarily or for the period of performance. | SAF/AQC | No | HCA | No |
| 125 | DFARS 222.7003 DAFFARS 5322.7003 | Waives the requirements of 222.7002 on case-by-case basis for national security. | SAF/AQC | No | HCA | No |
| 126 | DFARS PGI 223.370-4(1)(i)(A)(2) DAFFARS 5323.370-4(1)(i)(A)(2) | Waives the mandatory requirements for safety precautions for ammunition and explosives. | SCO | No | SCO | No |
| 127 | FAR 25.101(d)(1) DFARS 225.101(d)(1) DFARS PGI 225.101(d)(1) DAFFARS 5325.101(d)(1) | Allows for application of an alternate domestic content test for a contract under which the domestic content threshold in effect at time of contract award will apply to the entire period of performance for the contract. | SAF/AQ | No | SAF/SQ
| No |
| 128 | FAR 25.103(a) DFARS 225.103(a)(ii)(B)(1) DAFFARS 5325.103(a)(ii)(B)(1)
| Determines that domestic preference for foreign end product would be inconsistent with the public interest for acquisitions valued at or below SAT.
| 1-level above the CO | No | COCO | No |
| 129 | FAR 25.103(a) DFARS 225.103(a)(ii)(B)(2) DAFFARS 5325.103(a)(ii)(B)(2)
| Determines that domestic preference for foreign end product would be inconsistent with the public interest for acquisitions with a value greater than SAT but less than $1.5M. | SCO | No | SCO | No |
| 130 | FAR 25.103(a) DFARS 225.103(a)(ii)(B)(3) DAFFARS 5325.103(a)(ii)(B)(3) | Determines that domestic preference for foreign end product would be inconsistent with the public interest for acquisitions valued $1.5M or more. | SAF/AQ for ACAT I Programs
SAF/AQC for other than ACAT I Programs | No | SAF/SQ for ACAT I Programs
HCA for other than ACAT I Programs | No |
| 131 | FAR 25.103(b)(2)(i) DFARS 225.103(b)(ii)(A) DAFFARS 5325.103(b)(ii)(A) DAFFARS MP5325.103(a)
| Approves determination that an article/material/supply is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality for acquisitions valued at or below SAT. | 1-level above the CO | No | COCO | No |
| 132 | FAR 25.103(b)(2)(i) DFARS 225.103(b)(ii)(B) DAFFARS 5325.103(b)(ii)(B) DAFFARS MP5325.103(a)
| Approves determination that an article/material/supply is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality for acquisitions with a value greater than the SAT but less than $1.5M. | COCO | No | COCO | No |
| 133 | FAR 25.103(b)(2)(i) DFARS 225.103(b)(ii)(C) DAFFARS 5325.103(b)(ii)(C) DAFFARS MP5325.103(a) | Approves determination that an article/material/supply is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality for acquisitions valued at $1.5M or more. | SCO | No | SCO | No |
| 134 | FAR 25.202(a)(1) DAFFARS 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. | SAF/AQ for ACAT I Programs
SAF/AQC for other than ACAT I Programs | No | SAF/SQ for ACAT I Programs
HCA for other than ACAT I Programs | No |
| 135 | FAR 25.202(a)(2) DFARS 225.202(a)(2) DAFFARS 5325.202(a)(2) | Buy American Exception. Approves determination that a particular construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality for acquisitions valued at or below SAT.
| SCO | Yes, no lower than 1-level above the CO | SCO | Yes, no lower than the COCO |
| 136 | FAR 25.202(a)(2) DFARS 225.202(a)(2) DAFFARS 5325.202(a)(2) | Buy American Exception. Approves determination that a particular construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality for acquisitions with a value greater than the SAT but less than $1.5M. | COCO | No | COCO | No |
| 137 | FAR 25.202(a)(2) DFARS 225.202(a)(2) DAFFARS 5325.202(a)(2) | Buy American Exception. Approves determination that a particular construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality for acquisitions valued at $1.5M or more. | SCO | No | SCO | No |
| 138 | FAR 25.204(b) DAFFARS 5325.204(b) | Specifies a higher percentage than 20 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. | SAF/AQ for ACAT I Programs
SAF/AQC for other than ACAT I Programs | No | SAF/SQ for ACAT I Programs
HCA for other than ACAT I Programs | No |
| 139 | DFARS 225.403(c)(ii)(A) DAFFARS 5325.403(c)(ii)(A) | Approves a national interest waiver for a purchase by an overseas purchasing activity if the product is critical for the support of U.S. forces stationed abroad. | SCO | No | SCO | No |
| 140 | FAR 25.603(a)(1)(i) DAFFARS 5325.603(a)(1)(i) | American Recovery and Reinvestment Act-Buy American Statute-Construction Materials. Approves determination that a particular construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality for acquisitions with a value at or below the SAT. | SCO | Yes, no lower than 1-level above the CO | SCO | Yes, no lower than the COCO |
| 141 | FAR 25.603(a)(1)(i) DAFFARS 5325.603(a)(1)(i) | American Recovery and Reinvestment Act-Buy American Statute-Construction Materials. Approves determination that a particular construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality for acquisitions with a value greater than the SAT but less than $1.5M. | COCO | No | COCO | No |
| 142
| FAR 25.603(a)(1)(i) DAFFARS 5325.603(a)(1)(i) | American Recovery and Reinvestment Act-Buy American Statute-Construction Materials. Approves determination that a particular construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality for acquisitions valued at $1.5M or more. | SCO | No | SCO | No |
| 143 | FAR 25.603(a)(1)(iii) DAFFARS 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. | SAF/AQ for ACAT I Programs
SAF/AQC for other than ACAT I Programs | No | SAF/SQ for ACAT I Programs
HCA for other than ACAT I Programs | No |
| 144 | FAR 25.603(a)(2) DAFFARS 5325.603(a)(2) | Determines that application of the Buy American statute to a particular unmanufactured construction material would be impracticable. | SAF/AQ for ACAT I Programs
SAF/AQC for other than ACAT I Programs | No | SAF/SQ for ACAT I Programs
HCA for other than ACAT I Programs | No |
| 145 | FAR 25.603(b)(2) DAFFARS 5325.603(b)(2) | When a determination is made, for any of the reasons stated in FAR 25.603, 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. | SAF/AQC | No | HCA | No |
| 146 | FAR 25.1001(a)(2)(iii) DAFFARS 5325.1001(a)(2)(iii) | Executes D&F in accordance with 25.1001(b), that use of 52.215-2 w/Alt III or 52.212-5 w/Alt I will best serve interest of the United States. | SAF/AQC | No | HCA | No |
| 147 | DFARS 225.7008(b) DAFFARS 5325.7008(b) | Waives restrictions on certain foreign purchases under 10 U.S.C. 4864. | SCO | No | SCO | No |
| 148 | DFARS 225.7021-3 DAFFARS 5325.7021-3 | Determines that the disclosure requirements regarding use of facilities and employment of individuals who perform work in the People’s Republic of China would not be in the national security interests of the US. | SAF/AQ | No | SAF/SQ | No |
| 149 | DFARS 225.7501(c) DAFFARS 5325.7501(c) | Any time during the acquisition process, determines that it is not in the public interest to apply the restrictions of the Balance of Payments Program to the end product or construction material. | SAF/AQC | No | HCA | No |
| 150 | DFARS 225.7703-2(b)(2)(i) DAFFARS 5325.7703-2(b)(2)(i) | Makes written determination that it is in the national security interest of the US to use a procedure in 225.7703-1(a) for products or services not limited to use by the military forces, police, or other security personnel of Afghanistan (individual action D&F with a value of less than $100M).
| SAF/AQC | No | HCA | No |
| 151 | DFARS 225.7703-2(b)(2)(ii) DAFFARS 5325.7703-2(b)(2)(ii)
| Makes written determination that it is in the national security interest of the US to use a procedure in 225.7703-1(a) for products or services not limited to use by the military forces, police, or other security personnel of Afghanistan (individual action D&F with a value of $100M or more, or to a class of acquisitions). | SAF/AQ | No | SAF/SQ | No |
| 152 | FARS 26.203(b) DAFFARS 5326.203(b) | Determines in writing that transition to local firms is not feasible or practicable (individual or class basis). | SAF/AQC | No | HCA | No |
| 153 | FAR 27.201-2(e) DAFFARS 5327.201-2(e) | Approves to exempt U.S. patents from the patent indemnity clause. | SAF/AQC | No | HCA | No |
| 154 | FAR 27.306(a) DAFFARS 5327.306(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. | SAF/AQ | No | SAF/SQ | No |
| 155 | FAR 28.105 DAFFARS 5328.105 | Approves using other types of bonds when acquiring particular supplies or services. | SCO | Yes, no lower than the COCO | COCO | No |
| 156 | FAR 28.106-2(a) DAFFARS 5328.106-2(a) | Approves the use of a new surety bond during the performance of the contract. | SCO | Yes, no lower than the COCO | COCO | No |
| 157 | FAR 28.106-6(c) DAFFARS 5328.106-6(c) | Provides a certified copy of the payment bond and the contract in accordance with FAR 28.106-6(c); including determining the reasonable and appropriate costs the requestor must pay. | SCO | Yes, no lower than the CO | CO | No |
| 158 | DFARS 228.311-1 DAFFARS 5328.311-1 | Waives the requirement for use of FAR clause 52.228-7, Insurance -- Liability to Third Persons. | SCO | No | SCO | No |
| 159 | DFARS 228.370(a)(2) DAFFARS 5328.370(a)(2) | Disallows the contractor to buy insurance for war-hazard losses. If so, the CO shall insert the clause at DFARS 252.228-7000. | SCO | No | SCO | No |
| 160 | DFARS 228.370 DAFFARS 5328.370(b)(3) | Refers to AFI 10-220/DCMA Instruction 8210-1D for the appointment of primary and alternate Government Flight Representatives (GFR) | SCO | No | SCO | No |
| 161 | FAR 30.201-5(a) DFARS 230.201-5(a) DAFFARS 5330.201-5(a) | Waive CAS applicability in accordance with the conditions at FAR 30.201-5(b). | SAF/AQC | No | SAF/AQC | No |
| 162 | FAR 30.202-6(b) DAFFARS 30.202-6(b) | Authorizes award of a CAS-covered contract w/o obtaining submission of the required disclosure statement. | SAF/AQ | No | SAF/SQ | No |
| 163 | DAFFARS 5331 | Waives the requirements of FAR 31. | SCO | No | SCO | No |
| 164 | DAFFARS 5331
| Determine that incurrence of the Contribution in Aid of Construction (CIAC) tax is necessary to achieve the most beneficial business case for the Government and allowing the CIAC tax will result in significant benefits to the Government that outweigh the cost of allowing the tax. | SCO | No | SCO | No |
| 165 | FAR 32.402(c)(1)(iii) DAFFARS 5332.402(c)(1)(iii) | Determines, based on written findings, that advance payment is in public interest or facilitates national defense. | SAF/AQC | No | HCA | No |
| 166 | DFARS 232.901(1)(ii) DAFFARS 5332.901(1)(ii) | Makes determination, after consultation with the cognizant comptroller, that conditions exist that limit normal business operations. | SCO | No | SCO | No |
| 167 | FAR 32.906(a) DAFFARS 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. | SAF/AQC | No | HCA | No |
| 168 | FAR 32.1106(b) DAFFARS 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. | SAF/AQC | No | HCA | No |
| 169 | FAR 33.102(b)(3)(ii) DAFFARS 5333.102(b)(3)(ii) | At the request of the contractor, reviews agency records associated with a request for reimbursement of protest costs by the Government. | SCO | Yes, no lower than the COCO | COCO | No |
| 170 | FAR 33.104(b)(1) or (c)(2) DAFFARS 5333.104(b)(1) or (c)(2) | Authorizes contract award notwithstanding a GAO protest before award, or continued contract performance notwithstanding a GAO protest after award. | SAF/AQC | No | HCA | No |
| 171 | FAR 33.104(g) DAFFARS 5333.104(g)
| Reports to the GAO why their recommendations have not been followed by the agency not later than 5 days after the expiration of the 60-day response period. | SAF/AQC | No | HCA | No |
| 172 | DFARS 233.215(3) DAFFARS 5333.215(3) | Determines that continued performance is necessary pending resolution of any claim that might arise under or be related to the contract. | SCO | Yes, no lower than 1-level above CO | COCO | No |
| 173 | DFARS 234.004(2)(v)(B) DAFFARS 5334.004(2)(v)(B) | Waives the limitation at DFARS 234.004(2)(v)(A) that the CO shall not procure more than one lot for Low-Rate Initial Production (LRIP) associated with a major defense program. | SCO | Yes, no lower than the COCO | COCO | No |
| 174 | DFARS 234.7002(d)(4) DAFFARS 5334.7002(d)(4) | Determines the information submitted is not sufficient to determine the reasonableness of price for items developed exclusively at private expense. | SCO | No | SCO | No |
| 175 | DFARS 235.015-70(c) & (d)(3)(ii) DAFFARS 5335.015-70(c) & (d)(3)(ii) | Approves special use allowance for research facility acquired by educational institutions. | SCO | No | SCO | No |
| 176 | DFARS 235.070-1(a) DAFFARS 5335.070-1(a) | Approves requests for indemnification of unusually hazardous risks under 10 U.S.C. 3861. | AFMC/PK SCO AFLCMC/PK SCO | No | HCA | No |
| 177
| FAR 36.208 DAFFARS 5336.208 | Approves concurrent performance of firm-fixed-price and other types of construction contracts at the same work site. | SCO | Yes, no lower than the COCO | COCO | No |
| 178 | FAR 36.209 DAFFARS 5336.209 | Approves contract awards for the construction of a project to the firm that designed the project or its subsidiaries or affiliates | SCO | No | HCA | No |
| 179 | FAR 36.213-2(a) DAFFARS 5336.213-2(a) | Waives the requirement for pre-solicitation notices for proposed construction contracts expected to exceed the SAT. | SCO | Yes, no lower than the COCO | COCO | No |
| 180 | DFARS 236.270(a) DAFFARS 5336.270(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). | SAF/AQ | No | SAF/SQ | No |
| 181
| DFARS 236.272(b)(1) & (b)(2) DAFFARS 5336.272(b) | (1) Authorizes the use of prequalification for urgent or complex construction projects; and (2) Approves the prequalification procedures of construction sources. | SCO | Yes, no lower than the COCO | COCO | No |
| 182 | FAR 36.301(b)(3)(vi) DAFFARS 5336.301(b)(3)(vi) | Establishes other criteria for use of two-phase design-build selection procedures. | SCO | Yes, no lower than the COCO | COCO | No |
| 183 | DFARS 236.303-1(a)(4)(i)(B) DAFFARS 5336.303-1(a)(4)(i)(B) | Approves determination to allow more than five offerors to submit phase two design-build proposals for acquisitions exceeds $4.5M. | SCO | No | SCO | No |
| 184 | DFARS 236.570(b)(2) DAFFARS 5336.570(b)(2) | Approves use of a separate bid item for mobilization and preparatory work. | SCO | Yes, no lower than the COCO | COCO | No |
| 185 | FAR 36.602-3 DAFFARS 5336.602-3 | Oversees evaluation board functions for A&E contracts. | SCO | Yes, no lower than the COCO | COCO | No |
| 186 | FAR 36.602-4(a) DAFFARS 5336.602-4(a) | Makes the final slate selection for A&E contracts. | COCO - Refer to AFI 32-1023 Para. 4.3.3.6 for the slate selection authority for A&E services exceeding $1M per contract. | No | COCO - Refer to AFI 32-1023 Para. 4.3.3.6 for the slate selection authority for A&E services exceeding $1M per contract. | No |
| 187 | FAR 36.609-1(c)(1) DAFFARS 5336.609-1(c)(1) | Determines that, in fixed-price A&E contracts, cost limitations are secondary to performance considerations and additional project funding can be expected, if necessary. | SCO | No | SCO | No |
| 188 | DFARS 237.104(b)(iii)(A)(2) DAFFARS 5337.104(b)(iii)(A)(2) | Approves a proposed personal services contract for services to be provided by individuals outside the U.S. and directly supports defense intelligence components or special operations command. Services must be urgent, cannot be obtained by other means, and are supporting DoD activities or programs outside the U.S. | SCO | No | SCO | No |
| 189 | FAR 37.113-1(a) DAFFARS 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). | SAF/AQC | No | HCA | No |
| 190 | FAR 37.204(a) DAFFARS 5337.204(a) | Determines if sufficient personnel with the requisite training and capabilities are available within the agency to perform the evaluation or analysis or proposals submitted for the acquisition. | PEO for PEO designated programs
SAF/AQC for all other programs | No | SCO | No |
| 191 | DFARS 237.7401(c) DAFFARS 5337.7401(c) | Determines the services being acquired under contract with the local government are in DoD’s best interest. | SCO | Yes, no lower than the COCO | COCO | No |
| 192 | DFARS 239.101(1) DAFFARS 5339.101(1) | Determines no commercial products or commercial services are suitable to meet the agency’s needs for information technology products or services in excess of the SAT. | SCO | Yes, no lower than the COCO | COCO | No |
| 193 | FAR 41.202(c)(2) DAFFARS 5341.202(c)(2) | Approves determination to pay the non-negotiated utility rates due to contract impasse. | SCO | Yes, no lower than the COCO | COCO | No |
| 194 | FAR 41.204(c)(1)(ii) DAFFARS 5341.204(c)(1)(ii) | Determines use of the area-wide contract for utility services is not advantageous to the Government. | SCO | Yes, no lower than the COCO | COCO | No |
| 195 | FAR 42.202(c)(2) DAFFARS 5342.202(c)(2) | Approves the delegation of additional functions to the CAO. | SCO | Yes, no lower than the COCO | COCO | No |
| 196 | DFARS PGI 242.7100(4) DAFFARS 5342.7100(4) | Approves the solicitation of voluntary refunds from a contractor. | SCO | No | SCO | No |
| 197 | DFARS 243.204-70-3 DAFFARS 5343.204-70-3 | Determines in writing that extending definitization beyond an additional 90 days is in the best interest of the Government for UCOs with a value greater than $50M | HCA | No | HCA | No |
| 198 | DFARS 243.204-70-3 DAFFARS 5343.204-70-3 | Determines in writing that extending definitization beyond an additional 90 days is in the best interest of the Government for UCOs between $5M and $50M | SCO | Yes, no lower than the COCO | COCO | No |
| 199 | DFARS 243.204-70-5(c) DAFFARS 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. | SAF/AQC | No | HCA | No |
| 200 | FAR 44.302(a) DAFFARS 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. | SAF/AQC | No | HCA | No |
| 201 | FAR 45.102(e) DAFFARS 5345.102(e) | Determines installation or construction of Government property on contractor-owned real property in such a fashion as to become non-severable is necessary and in the Government’s interest. | SCO | No | SCO | No |
| 202 | DFARS 245.102(4)(ii)(B) DAFFARS 5345.102(e)(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 Nuclear, Biological, Chemical and Radiological (NBCR) attack. | SAF/AQC | No | HCA | No |
| 203 | DFARS 245.102(4)(ii)(C)(1)(i) DAFFARS 5345.102(e)(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 product acquired under FAR part 12 or part 8 for an ACAT I program. | PEO | No | PEO | No |
| 204 | DFARS 245.102(4)(ii)(C)(1)(ii) DAFFARS 5345.102(e)(4)(ii)(C)(1)(ii) | Approves a determination and findings 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 product acquired under FAR part 12 or part 8 for all other programs. | SCO | No | SCO | No |
| 205 | FAR 45.301(f) DAFFARS 5345.301(f) | Approves use of Government property for commercial use expected to exceed 25 percent of the total use of Government and commercial work performed. | SCO | Yes, no lower than the COCO | COCO | No |
| 206 | FAR 48.104-3(a) FAR 48.202 DAFFARS 5348.104-3(a) | Determines if the cost of calculating and tracking collateral savings will exceed the benefits to be derived. | SCO | Yes, no lower than the COCO | COCO | No |
| 207 | DFARS 249.501-70(a) DAFFARS 5349.501-70(a) | Approves the use of 252.249-7000, Special Termination Costs in incrementally funded contract. | SAF/AQC | No | HCA | No |
