Air Force Acquisition Circular (AFAC) 2018-0525
25 May 2018
FOR ADDITIONAL INFORMATION CONTACT:
SAF/AQCP, 1060 Air Force Pentagon, Washington, DC 20330-1060, (571) 256-2387
SUMMARY OF CHANGES
AFFARS |
EXPLANATION OF CHANGE |
5301 |
5301.403(1)a-b Deleted incorrect reference to “and (d)”. |
5302 |
NO CHANGES |
5303 |
5303.104-7(f) Changed reference to HCA matrix. |
5304 |
NO CHANGES |
5305 |
NO CHANGES |
5306 |
NO CHANGES |
5307 |
5307.104-90(a) Updated AFI reference.
|
5308 |
NO CHANGES |
5309 |
NO CHANGES |
5310 |
NO CHANGES |
5311 |
5311.274-2(b)(1) Adds text to incorporate Policy Memo 17-C-03. |
5312 |
5312.102(a)(ii)(B) & 5312.7001 Adds text to incorporate Policy Memo 18-C-02. 5312.102(f)1) Adds text to incorporate Policy Memo 17-C-03. |
5313 |
5313.500(c)(1) Adds text to incorporate Policy Memo 17-C-03. 5313.501(a)(1)(ii) Adds instructions for sole source acquisitions using simplified acquisition procedures. |
5314 |
NO CHANGES |
5315 |
5315.371-4(a)(2) Adds text to incorporate Policy Memo 17-C-03.
|
5316 |
5316.601(d)(i)(A)(3) Adds text to incorporate Policy Memo 17-C-03. |
5317 |
5317.172(f)(2) & 5317.174(b) Changes references to HCA matrix. |
5318 |
5318.201(2), 5318.202, & 5318.271 Adds text to incorporate Policy Memo 17-C-03. |
5319 |
NO CHANGES |
5320 |
RESERVED |
5321 |
RESERVED |
5322 |
NO CHANGES |
5323 |
NO CHANGES |
5324 |
RESERVED |
5325 |
NO CHANGES |
5326 |
RESERVED |
5327 |
NO CHANGES |
5328 |
NO CHANGES |
5329 |
RESERVED |
5330 |
NO CHANGES |
5331 |
NO CHANGES |
5332 |
NO CHANGES |
5333 |
NO CHANGES |
5334 |
5334.7002(d)(4) Adds text to implement Policy Memo 18-C-02. |
5335 |
NO CHANGES |
5336 |
NO CHANGES |
5337 |
NO CHANGES |
5338 |
RESERVED |
5339 |
5339.101(1) Adds text to implement Policy Memo 18-C-02. |
5340 |
RESERVED |
5341 |
NO CHANGES |
5342 |
NO CHANGES |
5343 |
NO CHANGES |
5344 |
RESERVED |
5345 |
5345.103-72 Updated AFI reference.
|
5346 |
NO CHANGES |
5347 |
RESERVED |
5348 |
NO CHANGES |
5349 |
NO CHANGES |
5350 |
NO CHANGES |
5351 |
RESERVED |
5352 |
NO CHANGES |
5353 |
RESERVED |
NO CHANGES | |
MP5301.4 |
NO CHANGES |
Adds HCA references at new numbers 22, 26, 30, 85, and 98.
| |
2. Deleted outdated reference to the SF/IG MICT Website. | |
NO CHANGES | |
NO CHANGES | |
NO CHANGES | |
NO CHANGES | |
2.a. Changed “must” to “may” request the MIRT include a member of SAF/AQC. | |
MP5303 |
NO CHANGES |
NO CHANGES | |
NO CHANGES | |
MP5315.3 |
1.2.1.2, 1.2.4, 1.4.1.2.2, 1.4.2.1, 2.3.4.1.2 Editorial changes of for clarity. |
MP5315.4 |
3.d. Deleted outdated reference to the AF Streamlining Techniques for Pricing Major Sole Source Proposals guide and added a reference to the DoD Sole Source Streamlining Tool Box. |
NO CHANGES | |
NO CHANGES | |
(b)(4) Editorial change for clarity. | |
NO CHANGES | |
MP5317.5 |
NO CHANGES |
NO CHANGES | |
NO CHANGES | |
MP5319 |
NO CHANGES |
MP5325 |
NO CHANGES |
NO CHANGES | |
NO CHANGES | |
NO CHANGES | |
MP5332.7 |
NO CHANGES |
(b)(4), (c)(2)(iii)(A)(1) and (c)(2)(iii)(A)(2) Deleted outdated references to Proposal Analysis Reports and added references to Source Selection Evaluation Board reports. | |
NO CHANGES | |
NO CHANGES | |
MP5349 |
NO CHANGES |
NO CHANGES | |
IG5315.404-3 |
NO CHANGES |
IG5317.74 |
NO CHANGES |
IG5317.9000 |
NO CHANGES |
AFAC CHANGES
NOTE: “****” below indicates that text is omitted.
5301.403(1)a-b Deleted incorrect reference to “and (d)”. |
5301.403 Individual Deviations
(1)a. MAJCOM/DRU/AFRCO SCOs (or for AFLCMC and SMC, SCCOs) are authorized to approve individual deviations except as described in (c) below or as described in DFARS 201.402(1) and DFARS 201.403(2).
b. For AFMC, except as described in (c) below or in DFARS 201.402(1) and DFARS 201.403(2), individual deviation approval authority may only be delegated to a SCCO.
5303 |
5303.104-7(f) Changed reference to HCA matrix. |
5303.104-7(f) See MP5301.601(a)(i) for individuals who may authorize award.
5307 |
5307.104-90(a) Updated AFI reference.
|
5307.104-90(a) For ACAT programs, see AFI 63-101/20-101 (paragraph 4.3.1) and DoDI 5000.02.
****
5307.104-93 Acquisition Plan (AP) Approval Authority
****
PEO – Services > SAT
|
SASS* < $10M
|
See AFI 63-138 |
Other Contracting –
|
SASS* < $10M
|
SDO or designee; when no SDO, the MAJCOM/DRU/AFRCO SCO (or for AFLCMC and SMC, the SCCO) or designee |
****
5307.107-2 Consolidation
The DAS(C) or ADAS(C) is the authority to make the consolidation determination for actions $100 million or greater and shall be submitted through the MAJCOM/DRU/AFRCO SCOs (or for AFLCMC and SMC, the SCCOs). The DAS(C) has delegated the authority to make the consolidation determination for actions exceeding $2 million up to $100 million to the MAJCOM/DRU/AFRCO SCOs/SCCOs who are no lower than General Officer (GO)/Senior Executive Service (SES). This authority may not be redelegated. For SCOs who are not GO/SES, the DAS(C)/ADAS(C) is the authority to make the consolidation determination for actions exceeding $2 million.
5311 |
5311.274-2(b)(1) Adds text to incorporate Policy Memo 17-C-03. |
5311.274-2 Policy for unique item identification
(b)(1) See MP5301.601(a)(i).
5312 |
5312.102(a)(ii)(B) & 5312.7001 Adds text to incorporate Policy Memo 18-C-02. 5312.102(f)1) Adds text to incorporate Policy Memo 17-C-03. |
5312.102 Applicability
(a)(ii)(B) See MP5301.601(a)(i).
(f)(1) See MP5301.601(a)(i).
****
SUBPART 5312.70 – LIMITATION ON CONVERSION OF PROCUREMENT FROM COMMERCIAL ACQUISITION PROCEDURES
5312.7001 Procedures
(a)(1) See 5312.102(a)(ii)(B).
(a)(2) Provide a copy of the approved determination to DPAP. Maintain proof of submission to DPAP in the contract file.
5313 |
5313.500(c)(1) Adds text to incorporate Policy Memo 17-C-03.
|
5313.500 General
(c)(1) See MP5301.601(a)(i).
5313.501 Special Documentation Requirements
(a)(1)(ii) Contracting officers must cite the applicable statutory authority permitting other than full and open competition as established in 10 U.S.C. 2302b, Implementation of Simplified Acquisition Procedures (41 U.S.C. 1901), or 10 U.S.C 2304(a), Special Emergency Procurement Authority (41 U.S.C. 1903). For sole source acquisitions using simplified acquisition procedures that exceed the simplified acquisition threshold but do not exceed $7M ($13M for acquisitions described in FAR 13.500(c)), the tailorable Sole Source (Including Brand Name) Justification - Simplified Procedures for Certain Commercial Items template may be used.
5315 |
5315.371-4(a)(2) Adds text to incorporate Policy Memo 17-C-03.
|
5315.371-4 Exceptions
(a)(2) See MP5301.601(a)(i).
****
5315.403-1 Prohibition on Obtaining Certified Cost or Pricing Data (10 U.S.C. 2306a and 41 U.S.C., chapter 35)
(b)(ii)(B) See MP5301.601(a)(i).
****
5315.404-2 Data to Support Proposal Analysis
(a)(ii) See MP5301.601(a)(i).
5316 |
5316.601(d)(i)(A)(3) Adds text to incorporate Policy Memo 17-C-03. |
5316.601(d)(i)(A)(3) See MP5301.601(a)(i).
5317 |
5317.172(f)(2) & 5317.174(b) Changes references to HCA matrix. |
5317.172 Multiyear Contracts for Supplies
(f)(2) See MP5301.601(a)(i) for individuals who will determine the required conditions can be met.
****
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.
5318 |
5318.201(2), 5318.202, & 5318.271 Adds text to incorporate Policy Memo 17-C-03. |
5318.201(2) See MP5301.601(a)((i).
5318.202 Defense or recovery from certain attacks
See MP5301.601(a)(i).
5318.271 Head of Contracting Activity Determinations
See MP5301.601(a)(i).
5334 |
5334.7002(d)(4) Adds text to implement Policy Memo 18-C-02. |
5334.7002 Policy
(d)(4) See MP5301.601(a)(i).
5339 |
5339.101(1) Adds text to implement Policy Memo 18-C-02. |
5339.101 Policy
(1) See MP5301.601(a)(i).
5345 |
5345.103-72 Updated AFI reference.
|
5345.103-72 Government-furnished property attachments to solicitations and awards
See AFI 23-119, Exchange, Sale, or Temporary Custody of Nonexcess Personal Property.
****
5345.302 Contracts with Foreign Governments or International Organizations
Contracting officers should refer to AFI 63-101/20-101, Integrated Life Cycle Management.
Adds HCA references at new numbers 22, 26, 30, 85, and 98.
|
****
22 |
DFARS 212,102(a)(ii)(B)
|
Reviews an existing contracting officer commercial item determination to confirm the prior determination was appropriate and still applicable; or issues 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. |
No |
Yes |
No |
****
26 |
Class Deviation 2018-O00009
|
Determines certified cost or pricing data should be required based on past performance or other information specific to the award. |
No |
Yes |
No |
****
30 |
Class Deviation 2018-O00009
|
Determines that auditing of records should be required based on past performance or other information specific to the award. |
No |
Yes |
No |
****
40 |
FAR 16.601(d)
|
Approves the D&F for a T&M/LH contract or order if the base period plus any option period exceeds three years. |
Yes |
No |
No |
****
****
****
85 |
DFARS 234.7002(d)(4)
|
Determines the information submitted is not sufficient to determine the reasonableness of price for items developed exclusively at private expense. |
No |
Yes |
No |
****
98 |
DFARS 239.101(1)
|
Determines no commercial items are suitable to meet the agency’s needs for information technology products or services. |
No |
Yes |
Yes, but no lower than COCO |
****
2. Deleted outdated reference to the SF/IG MICT Website. |
2. Self-Inspection Program. MAJCOM/DRU/AFRCO SCOs (or for SMC, the SCCO), will manage a self-inspection program, which includes both the assessment of individual contract files and the assessment of contracting management programs contained in the Contracting Self-Assessment Communicator (SAC) as required by AFI 90-201, The Air Force Inspection System. As a minimum, contracting offices must perform self-inspections of individual contract files on an annual basis.
2.a. Changed “must” to “may” request the MIRT include a member of SAF/AQC. |
2.a. For competitive actions that meet the criteria for DAS(C)/ADAS(C) Business Clearance approval, the MAJCOM/DRU SCO (or for AFLCMC and SMC, the SCCO) may request that the Multi-Functional Independent Review Team (MIRT) include a member from SAF/AQC. Submit requests for MIRT member to SAF/AQCP.
1.2.1.2, 1.2.4, 1.4.1.2.2, 1.4.2.1, 2.3.4.1.2 Editorial changes of for clarity. |
1.2.1.2 A waiver allowing the use of price as the only evaluated factor for an acquisition with an estimated dollar value greater than $50M may be granted on an acquisition specific basis by the MAJCOM/DRU/AFRCO SCO (for AFLCMC or SMC, the SCCO) upon the waiver authority’s determination that the conditions at 1.2.1.1 (1)-(4) are met.
****
1.2.4 The DoD Source Selection Procedures require waivers to the provisions of the procedures. Waivers for solicitations valued at $1 billion or more may only be approved by the Director, Defense Procurement and Acquisition Policy, and must be forwarded through the MAJCOM/DRU/AFRCO SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC for review and processing. Waivers for solicitations above the simplified acquisition threshold but less than $1 billion must be approved by the MAJCOM/DRU/AFRCO SCO (or for AFLCMC and SMC, the SCCO).
****
1.4.2 PCO.
****
3.d. Deleted outdated reference to the AF Streamlining Techniques for Pricing Major Sole Source Proposals guide and added a reference to the DoD Sole Source Streamlining Tool Box. |
3.d. If the data is not provided by the requested date or, if applicable, the agreed-to-date, and an acceptable resolution cannot be achieved, the contracting officer must elevate the issue to appropriate senior contracting management for both the Government and the contractor until an appropriate resolution is reached. The contracting officer must document the outcome of the elevation process in writing to include any revised dates for receipt of requested data/documentation. See the DoD Sole Source Streamlining Tool Box for the recommended elevation process, as well as other streamlining techniques.
(b)(4) Editorial change for clarity. |
(b)(4) Ensure the appropriate evaluation office is aware of the FAR guidance for evaluating UPs and the prohibitions and rules regarding copying, disclosing, and using restricted data contained in the proposal. Limit the distribution of UPs to the appropriate number of evaluators required to conduct a reasonable review. Maintain a record of the evaluators for each UP and the dates of their evaluation.
(b)(4), (c)(2)(iii)(A)(1) and (c)(2)(iii)(A)(2) Deleted outdated references to Proposal Analysis Reports and added references to Source Selection Evaluation Board reports. |
(b)(4) AFLOA/JAQ will notify the contracting officer and supporting legal office as to which documents AFLOA/JAQ requests to be forwarded electronically, by facsimile or by overnight delivery, in advance of the Agency Report. AFLOA/JAQ will direct the format in which files will be sent. Files transmitted electronically in advance of the agency report typically include core documents such as Source Selection Decision Document (SSDD), Source Selection Evaluation Board reports, and debriefing given to protester.
****
(c)(2)(iii)(A)(1) The following types of documents are generally expected to be in any agency report to the GAO: the bid or proposal submitted by the protester; the bid or proposal of the firm which is being considered for award, or whose bid or proposal is being protested; the solicitation, including amendments; the Source Selection Decision Document; the Source Selection Evaluation Board report; abstracts of bids or offers; final briefing slides; letters and communications opening and closing Final Proposal Revision (FPR) requests; evaluation notices; final ratings; and any other documents the SSA relied upon in making his or her award decision.
(2) The following types of documents would be included in an agency report if they are relevant to proving the Air Force’s position on protest issues: evaluation documents, including individual evaluator ratings, scores, analyses, worksheets, and interim ratings; source selection and technical plans; memoranda for record when a competitive range determination is being challenged; proposal audits; the Source Selection Evaluation Board reports; past performance submittals (surveys and notes from oral questionnaires); minutes or other record of oral discussions, if held; the script for oral discussions, if held; minutes of briefings to the SSA and any notes taken by the SSA during those briefings; other final memoranda signed by the SSA and/or contracting officer; and any other relevant documents that would tend to explain the award decision or the adverse action taken with respect to the offeror’s proposal