AFARS PART 5101

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Subpart 5101.1 -- Purpose, Authority, Issuance

Subpart 5101.2 -- Administration

Subpart 5101.3 -- Agency Acquisition Regulations

Subpart 5101.4 -- Deviations From the FAR

Subpart 5101.6 -- Career Development, Contracting Authority and Responsibilities

Subpart 5101.7 -- Determinations and Findings

Subpart 5101.90 -- Nonappropriated Funds


AFARS -- Part 5101

Federal Acquisition Regulation System

Subpart 5101.1 -- Purpose, Authority, Issuance

5101.101 -- Purpose.

(a) The Army Federal Acquisition Regulation Supplement (AFARS) implements and supplements the Federal Acquisition Regulation (FAR) and the Department of Defense FAR Supplement (DFARS) to establish uniform policies for Army acquisition. It does not restrict the exercise of good business judgment or stifle innovation. .

5101.105-3 Copies.

The AFARS is available electronically via the Internet at http://dasapp.saalt.army.mil/Ind_base_policy/SAALPP_index.htm

Subpart 5101.2 -- Administration

5101.290 -- Routing of Documents and Mailing Addresses.

(1) The Deputy Assistant Secretary of the Army (Policy and Procurement), Attn: SAAL-ZP, 103 Army Pentagon, Room 2E661, Washington, DC 20310-0103 [AFARS Revision #005, dated Sept 27,2002]

(2) Office of the Deputy Assistant Secretary of the Army (Policy and Procurement), Systems Support Directorate, Attn: SAAL-PC, Presidential Tower Building—Suite 10354, 2511 Jefferson Davis Highway, Arlington, VA 22202-3911 [AFARS Revision #005, dated Sept 27,2002]

(3) Office of the Deputy Assistant Secretary of the Army (Policy and Procurement), Procurement and Industrial Base Policy Directorate, Attn: SAAL-PP, Presidential Tower Building—Suite 10143, 2511 Jefferson Davis Highway, Arlington, VA 22202-3911 [AFARS Revision #005, dated Sept 27,2002]

(4) The U.S. Army Contracting Agency, Innovations, Efficiencies, and Policy Directorate, Attn: SFCA-IP, Skyline 6, Suite 302, 5109 Leesburg Pike, Falls Church, VA 22041-3201 [AFARS Revision #005, dated Sept 27,2002]

(5) The U.S. Army Contracting Agency, Business Systems Management Directorate, Attn: SFCA-BS, Skyline 6, Suite 302, 5109 Leesburg Pike, Falls Church, VA 22041-3201 [AFARS Revision #005, dated Sept 27,2002]

(6) Office of the Assistant Secretary of the Army (Financial Management), 109 Army Pentagon, Attn: SAFM-CL, Washington, DC 20310-0109.

(7) Office of the Chief of Legislative Liaison (OCLL), Attn: SALL-SPA, 1600 Army Pentagon, Washington, DC 20310-1600.

(8) Chief, Procurement Fraud Division (DAJA-PF), Office of the Judge Advocate General, Department of the Army, Suite 400, 901 N. Stuart Street, Arlington, VA 22203-1837.

(9) Office of the Command Counsel, Headquarters U.S. Army Materiel Command, Attn: AMCCC-P, 5001 Eisenhower Avenue, Alexandria, VA 22333-0001.

(10) U.S. Army Corps of Engineers, Attn: CEPR-ZA, G St., N.W., Washington, DC 20314-1000. [AFARS Revision #004, dated Jul 26, 2002]

(11) Chief, Army Power Procurement Office, US Army Center for Public Works (CECPW-C), 7701 Telegraph Road, Alexandria, VA 22315-3862.

Subpart 5101.3 -- Agency Acquisition Regulations

5101.301 -- Policy.

(c) When a proposed policy, procedure, clause, or form must be published in the Federal Register, the proposed notice should be formatted in accordance with DFARS 201.402(2) and 201.201-1(d)(i) and sent with the request for approval (5101.304(a)(2)) or the request for deviation (5101.402).

5101.303 -- Publication and Codification.

(a)

5101.304 -- Agency Control and Compliance Procedures.

(1) There can be no supplementation of the FAR except as provided herein. HCAs must ensure that all contracting activity acquisition instructions and regulations are in compliance with FAR, DFARS, and this AFARS. HCAs may issue acquisition instructions as necessary to implement FAR, DFARS, and AFARS without prior HQDA approval with the exceptions of --

(5) Notices of all AFARS revisions will be issued electronically to all PARCs. The official copy of the AFARS will be kept electronically on the Army Acquisition website, sponsored by the Deputy Assistant Secretary of the Army (Procurement) at http://acqnet.saalt.army.mil.

Subpart 5101.4 -- Deviations From the FAR

5101.402 -- Policy.

5101.403 -- Individual Deviations.

Subpart 5101.6 -- Career Development, Contracting Authority and Responsibilities

5101.601 -- General.

5101.602 -- Contracting Officers.

5101.602-1 -- Authority.

(b) The office of the contracting officer must be organizationally situated to minimize any potential for undue influence and protect contracting officers from intra-organizational pressure to perform improper acts.

5101.602-1-90 -- Departmental Review and Approval.

At any time during the procurement process, the Deputy Assistant Secretary of the Army for Policy and Procurement (DASA(P&P)), or designees, may direct the responsible Principal Assistant Responsible for Contracting (PARC) or source selection authority (SSA) to submit a proposed contractual action to the Office of the ASA(ALT) for review, notation, and/or approval. The PARC or SSA shall provide any information, documents, and briefings requested, and shall ensure that no final action is taken on the proposed contractual action during the pendency of the DASA(P&P) review. In accordance with FAR 3.104-4(a), personnel within the Office of the DASA(P&P) and the Office of the General Counsel are authorized to receive full access to contractor bid or proposal information and source selection information in connection with such reviews. The DASA(P&P) may designate other authorized recipients on a case-by-case basis (see AFARS 5103.104-4(a)). [AFARS Revision #008, dated February 3, 2004]

5101.602-2 -- Responsibilities.

Contracting Officers must validate Contracting Officer Records and Ordering Officer Records every 12 months to ensure compliance with the terms of the contract. A written record of the review is to be placed in the contract file.

(c) Legal Participation. Contracting Officers’ use of legal specialists shall be guided by the following:

5101.602-2-90-Appointment of Ordering Officers

(a) Policy. The authority appointing the ordering officer shall state in the appointment letter that the ordering officer’s authority may not be re-delegated. See 5153.9002 for a sample appointment letter.

(b) Appointment and termination authority. Ordering officers may be appointed pursuant to 5101.603-1(2) for the purposes in (1) through (6) provided the authority appointing the ordering officer determines that the appointment is essential for the operation of the contracting mission. The purposes for which ordering officers may be appointed and references to limitations of their authority are—

(c) Responsibilities of appointing authority.

(d) Procedures.

5101.602-3 -- Ratification of Unauthorized Commitments.

(b) Policy.

(c)

5101.602-3-90 -- Ratification Procedures.

(a) The individual making the unauthorized commitment must send relevant documentation to the individual’s commander or senior staff officer designated for this purpose to include --

(b) If the commander or senior staff officer designated concurs that the commitment should be ratified, the documentation must be sent to the chief of the contracting office with an endorsement that --

(c) The chief of the contracting office will assign the action to an individual contracting officer who will be responsible for --

(2)Preparing a summary of facts to include a recommendation as to whether or not the transaction should be ratified and reasons for the recommendation. A recommendation not to ratify must include a recommendation as to whether or not the matter should be processed under FAR Part 50 and DFARS Part 250 (Pub. L. 85-804) as a GAO claim or in some other appropriate way.

(e) HCAs must monitor compliance with 5101.602-3-90 and take all necessary corrective action.

5101.603 -- Selection, Appointment, and Termination of Appointment.

5101.603-1 -- General.--

5101.603-1-90—Other Individuals Authorized to Make Purchases.

(a) Individuals in (b)(1), (2) and (3) shall prepare and submit information for reporting purposes to the supporting contracting office as specified by that office. Individuals in (b)(4) shall normally report to the contracting office supporting the Mobilization Base.

5101.690 Procurement Management Assistance.

HQDA will conduct the Procurement Management Assistance Program (PMAP) in accordance with Appendix CC. HCAs shall conduct onsite reviews of each of their satellite contracting offices to ensure compliance with laws, policies, regulations, directives, AFARS Appendix CC, etc. at a minimum, once every 24 months. Copies of Review Reports will be furnished to the HQDA PMAP Team Leader within 60 days of completing a review.

5101.690-1 Management Controls

Management controls within each contracting organization are an element of day-to-day operations. Appendix BB, Management Control Evaluation Checklist, is provided to assist managers at all levels in evaluating compliance with key management controls and to identify and correct weaknesses. Due to the volume of the test questions, it should not be construed that all questions are mandatory, nor all inclusive. The checklist should be supplemented to include areas specific to each contracting office, and should include the DASA(P) Areas of Special Interest, which are issued each fiscal year.

Subpart 5101.7 -- Determinations and Findings

5101.707 -- Signatory Authority.

Each Secretarial determination request must be signed by the contracting officer and HCA. See Subpart 5153.9003 for a sample Determination and Findings format.

Subpart 5101.90 -- Nonappropriated Funds

5101.9001 -- Policy.

DoD policy for contract actions using nonappropriated funds is in DoDD 4105.67. See AR 215-1 and AR 215-4 for implementing policies and procedures for Army nonappropriated fund acquisitions.

5101.9002 -- Contracting Authority.

Appropriated fund contracting officers may also be designated as nonappropriated fund contracting officers. See AR 215-4.

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