AFFARS PART 5301 - Federal Acquisition Regulations System

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PART 5301 -
Federal Acquisition Regulations System

[2019 Edition]

INTERIM CHANGES:

See Class Deviations 2018-U0001 (CPM 18-C-07), 2019-U0001 (CPM 19-C-01), and Individual Deviation 2019-U0002 (CPM 19-C-06).

SUBPART 5301.1 – PURPOSE, AUTHORITY, AND ISSUANCE


5301.101 Purpose

The Air Force Federal Acquisition Regulation Supplement (AFFARS) establishes uniform policies and procedures for the Air Force implementing and supplementing the Federal Acquisition Regulation (FAR), the Department of Defense FAR Supplement (DFARS), and other Department of Defense publications concerning contracting. AFFARS Mandatory Procedures (MP) and Procedures, Guidance, and Information (PGI) are companion resources arranged by parts, which correspond to the relevant FAR parts. Supplements to the AFFARS, MPs, and PGI are prohibited.

See AFICC PGI 5301.1.

5301.105-1 Publication and Code Arrangement

(a)(S-90) The AFFARS is published on www.Acquisition.gov.

See AF PGI 5301.108.

5301.170 Peer Reviews

(a) DoD Peer Reviews. [See Air Force Class Deviation 2019-U0001 (CPM 19-C-01).]

(1)(i) and (ii) See AF PGI 5301.170-2 for Pre-award procedures for Peer Reviews. [See DFARS Class Deviation 2019-O0010, Peer Reviews of Competitive Contracts for Supplies and Services (OUSD(A&S)/DPC Memo, 6 Sep 19)]

(2) To facilitate planning for DoD Peer Reviews and clearances by the DAS(C)/ADAS(C) (see 5301.9001(i)(1)(iv)), the SCO must ensure the rolling forecast data is current in the reporting tool as of the 15th of March, June, September, and December each year. SAF/AQC will submit the consolidated Peer Review forecast to OUSD(A&S)/DPC at the end of each quarter.

(b) Component Peer Reviews

(1) Pre-award Peer Reviews of solicitations for competitive procurements valued at less than $1B must be accomplished by complying with the clearance requirements in 5301.90.

(2) Pre-award Peer Reviews for non-competitive procurements valued at less than $500M must be accomplished by complying with the clearance requirements in 5301.90.

(3) Post-award Peer Reviews of contracts for services with a dollar value > than the SAT les must be accomplished by complying with the applicable reviews in AFI 63-138, Acquisition of Services.

See AF PGI 5301.170-2.
See AF PGI 5301.170-3.
See AF PGI 5301.170-4.
See AFICC PGI 5301.170.
See SMC PGI 5301.170.

SUBPART 5301.2 – ADMINISTRATION

5301.201-1 The Two Councils

(d)(i) Proposed revisions to the FAR or the DFARS must be submitted through the SCO to SAF/AQCP in accordance with DFARS 201.201-1(d)(i).

5301.201-90 Maintenance of the AFFARS

The AFFARS is prepared and maintained by the Chief, Contract Policy & Field Support Division, Deputy Assistant Secretary (Contracting) (SAF/AQCP).

See AFMC PGI 5301.290.

SUBPART 5301.3 – AGENCY ACQUISITION REGULATIONS


5301.301 Policy

(a)(1)(S-90) The AFFARS is issued by the DAS(C) on behalf of the Senior Procurement Executive (SPE).

5301.304 Agency Control and Compliance Procedures

(a) SCOs submit PGI revisions, deletions, and additions via the AFFARS PGI page.

(c)(4) MAJCOMs, DRUs, AFRCO, SpRCO and SMC must follow the approved AF Clause Control Plan. The use of nonstandard clauses requires an approved D&F addressing the criteria outlined in DFARS PGI 201.301(b)(iii). Contracting officers may utilize the Air Force Non-Standard Clause Control Template to obtain approval of the clause. The approval authority for clauses used in accordance with 4.b., 4.c., and 4.d. of the AF Clause Control Plan has been delegated to one level above the contracting officer. See paragraph 4 of the AF Clause Control Plan for clauses requiring OUSD(A&S)/DPC approval.

See SMC PGI 5301.304.

SUBPART 5301.4 – DEVIATIONS FROM THE FAR


5301.402 Policy

(2) Submit requests for deviations requiring USD(A&S)/DPC approval through the SCO to SAF/AQC for processing. See the tailorable Deviation Request template.

5301.403 Individual Deviations

(1)(i) SCOs are authorized to approve individual deviations except as described in (ii) below or as described in DFARS 201.402(1) and DFARS 201.403(2).

(ii) SAF/AQC is the approval authority for individual deviations from FAR 15.3, AFFARS 5315.3, and MP5315.3. Contracting officers may use the Deviation Request template. Deviation requests must be submitted through the SCO to SAF/AQC for approval. This approval authority must not be further delegated. When a proposed deviation, as described herein, also requires a waiver from DFARS 215.3, DoD Source Selection Procedures, the waiver process in MP5315.3, para 1.2.4., must also be followed.

(iii) INTERIM CHANGE: See Air Force Deviation 2019-U0002 (CPM 19-C-06).

5301.404 Class Deviations

(b)(i) USD(A&S)/DPC is the approval authority for any class deviation described in DFARS 201.402(1), class deviations from DFARS 215.3, and class deviations that meet the criteria in DFARS 201.404(b)(II)(A-D). Submit requests through the SCO to SAF/AQC for processing to USD(A&S)/DPC for approval.

See AFICC PGI 5301.404-92.

SUBPART 5301.6 – CAREER DEVELOPMENT, CONTRACTING AUTHORITY, AND RESPONSIBILITIES


5301.601 General

(a)(i) Heads of Contracting Activities (HCAs) Responsibilities.

See AFMC PGI 5301.601(a)(i)(A) and (S-91).
See SMC PGI 5301.601(a)(i)(A).
See USAFA PGI 5301.601(a)(i)(A) .

5301.601-91 Air Force Contracting Self-Inspection Program

See MP5301.601-91 for requirements of the Air Force Contracting Self-Inspection Program.

See AFICC PGI 5301.601-91.
See AFMC PGI 5301.601-91.

5301.602-1 Authority

(a) Contracting officers are authorized to enter into and execute contracts funded either partially or completely with non-appropriated funds.

5301.602-2 Responsibilities

(c)(i) Legal Review

(d) For Designation, Assignment, and Responsibilities of a Contracting Officer’s Representative, see MP5301.602-2(d).

5301.602-3 Ratification of Unauthorized Commitments

(b) Policy.


See AF PGI 5301.602-3-90.

5301.603-1 General

The HCA designees delegated contracting authority in accordance with MP5301.601(a)(i), Item 3, must select and appoint contracting officers and terminate their appointments in accordance with this section and MP5301.603.

(a) The SCO may delegate this authority to the highest contracting official in the contracting chain at geographically separated organizations, but in no event will the designee be lower than a GS-15 (or equivalent) or 0-6. [See Air Force Deviation 2019-U0002 (CPM 19-C-06)]

(b) Authority to issue limited contracting officer warrants of less than $5M and authority to terminate appointments of less than $5M may be delegated, but in no event will the designee be lower than the COCO.

See USAFA PGI 5301.603-1.

5301.603-2-90 Selection

Warrants are issued strictly in accordance with DFARS 201.603-2, this section, and MP5301.603.

(a) Warranting. An individual selected for contracting officer appointment must be a military member in Air Force Specialty Code (AFSC) 64PX or 6C0X1 or a civilian in the GS-1102 occupational series who occupies a manned authorization listed under these specialty codes/series, and complies with the requirements at DFARS 201.603-2, in this section and in MP5301.603, and who possesses at a minimum, an Intermediate (Level II) Acquisition Professional Development Program (APDP) certification in contracting.

(b) Limited Warrants. Military personnel in AFSC 64PX, 6C0X1 and civilians in the GS-1102 occupational series who occupy a manning authorization listed under these specialty codes/series and who comply with the requirements at DFARS 201.603-2, in this section, and in MP5301.603 with at least 2 years of experience in a contracting position, and Level I APDP certification in contracting may only be selected for limited warrants for amounts less than $5M Those contracting personnel who do not possess a Level I APDP certification in contracting (including Purchasing Agents in the GS-1105 series) may, with at least one year of contracting experience, be selected for limited warrants for amounts less than or equal to the SAT.

(c) Local National (LN) Warrants. LNs in an equivalent occupational series to GS-1102 may be selected for a contracting officer appointment in accordance with this section and MP5301.603 however, possession of an APDP certificate is not required:

(d) Limited Home Station Warrants. A member of the contingency contracting force in AFSC 6C0X1 who does not possess a baccalaureate degree and 24 semester credit hours from an accredited institution of higher education in any of the business disciplines may be nominated, evaluated, and selected for a limited home station warrant not to exceed $10M in accordance with this section, AFFARS 5318, and MP5301.603:

(e) Contingency Contracting Officer (CCO) Warrants.

(6) Termination of CCO/home station warrants must be accomplished when the

5301.603-3 Appointment

(b) Issuing authorities identified in 5301.603-1 above may delegate the purchase authority described in FAR 1.603-3(b) and DFARS 201.603-3(b), to non-contracting DoD civilian employees and members of the U.S. Armed Forces, such as transportation personnel, medical supply personnel, librarians, and chiefs of construction management, provided:

See AFICC PGI 5301.603-2.
See AFMC PGI 5301.603.
See SMC PGI 5301.603.

5301.670 Appointment of Property Administrators and Plant Clearance Officers

(a) When the Air Force retains contract administration, the COCO must select, appoint, or terminate (in writing) property administrators and plant clearance officers.

SUBPART 5301.7 – DETERMINATIONS AND FINDINGS

5301.707 Signatory Authority

(a) Determinations and Findings (D&F) for actions requiring Senior Procurement Executive (SPE) or SAF/AQ approval must be coordinated with the DAS(C) or the ADAS(C).  The contracting officer must submit determinations for approval simultaneously to SAF/AQ and to SAF/AQC after coordination by the SCO.  Allow 18days for staffing and approval after receipt by SAF/AQ.  Include the approved acquisition strategy (or a draft acquisition strategy if the strategy document has not been approved) with the D&F package. 

(b) The contracting officer must submit D&Fs for actions requiring DAS(C)/ADAS(C) approval to SAF/AQC after coordination by the SCO Allow 7 days for staffing and approval after receipt by SAF/AQC unless otherwise specified.

SUBPART 5301.90 – CLEARANCE

5301.9000 Scope and Definitions

(a) This subpart establishes clearance requirements for the contract actions identified below:

(b) Excluded from business or contract clearances are:

(c) “Business Clearance” means:

(1) For competitive acquisitions, approval to issue the solicitation.

(d) “Begin negotiations” means, for the purpose of noncompetitive contract actions, starting discussions with an offeror for the purpose of reaching agreement on all aspects of the proposal. Initiation of audits and fact-finding necessary to evaluate the proposal and develop the Government’s negotiation objective do not constitute negotiations.

(e) “Contract Clearance” means:

(f) “Clearance Reviewer (CR)” means the independent reviewer and the primary advisor to the CAA for clearance. The CR ensures the CAA has the information needed to make an informed decision. The CR identifies deficiencies, assists in resolution, and advises the CAA as appropriate. When the CR is not from the designated CR office or individual identified in the PGI and is selected by the CAA, the CR must be an experienced contracting professional, a Government employee, and must not review their own contract action.

(g) “Clearance Approval Authority (CAA)” means the individual identified at 5301.9001(i)(1).

(h) “Clearance Review” means the independent review performed by the designated CR office or individual identified in the PGI, or as otherwise selected by the CAA.

5301.9001 Policy, Thresholds, and Approvals

(a) The objectives of the business and contract clearance process are to ensure that:

(b) The CAA must ensure that the clearance process meets the objectives in paragraph (a) above. See AF PGI 5301.9001(b) for guidance on the use of multi-functional independent review teams (MIRTS) in conjunction with competitive acquisitions.

(c) The CAA must seek legal advice (see 5301.602-2(c)(i)) and ensure that counsel has coordinated on any clearance briefings or presentations, and that counsel’s comments are included in the briefing or presentation.

(d) Only one clearance review may be performed prior to the contract action being presented to the CAA. The CR is responsible for the clearance review. The CAA may select an alternate CR who meets the requirements identified in paragraph 5301.9000(f). The CAA, in conjunction with the SCO, has the authority to waive the clearance review.

(e) At the discretion of the CAA, contract clearance is not required when the negotiation team stays within the pre-set negotiation range and the parameters approved at the business clearance.

(f) The CAA must justify, in writing, requiring clearance for the solicitation or award of any competitive task or delivery order, regardless of dollar value, made in accordance with FAR 8.4, 13, or 16.505. SCOs must submit the justification to SAF/AQC upon execution.

(g) The Source Selection Authority (SSA) must not be the CAA

(h) The Milestone Decision Authority, PEO, or lead program manager must coordinate and/or participate in business clearance briefings.

(i) Contract actions meeting the contract value thresholds set below must not be awarded without obtaining the required business and contract clearance approval. Contract value is determined by the definition in FAR 1.108(c) and AF PGI 5301.108(c).

Unit

Clearance Approval Authority

Clearance Approval Authority

Clearance Approval Authority ≥ $1B

Operational

COCO ≤ $10M

SCO > $10M to < $1B

DAS(C) / ADAS(C)

Enterprise

COCO ≤ $50M

SCO > $50M to < $1B

DAS(C) / ADAS(C)

PEO (Systems)

COCO ≤ $100M

SCO > $100M to < $1B

DAS(C) / ADAS(C)

See AF PGI 5301.9001(b).
See AFDW PGI 5301.90.
See AFICC PGI 5301.90.
See AFMC PGI 5301.90.
See SMC PGI 5301.90.
See USAFA PGI 5301.90.

SUBPART 5301.91 – OMBUDSMAN PROGRAM

5301.9101 Purpose

The purpose of the Air Force ombudsman program is to foster communication between Government and industry. The primary function of the ombudsman is to hear concerns about specific issues in acquisitions, to communicate these concerns to senior management personnel responsible for oversight and to assist in the resolution of the concerns. In accordance with 5301.9102(f) below, employees, managers and customers may use the Air Force component ombudsman when seeking assistance in resolving procurement integrity issues.

5301.9102 Policy

(a) MAJCOM/DRU/AFRCO/SMC/SpRCO Commanders must appoint an experienced senior official who is independent of the contracting officer and program manager as the ombudsman at their organization. For AFMC Centers, an ombudsman is required at each Center, instead of at the MAJCOM. Centers may also have an ombudsman at each Operating Location/Geographically Separated Unit.

(b) The ombudsman will have the authority to call upon other resources of the activity to assist in resolving acquisition issues or concerns (e.g., administrative support, independent review teams).

(c) Contracting officers must identify the ombudsman in the initial announcement of the acquisition as well as in the draft and final RFP.

(d) The ombudsman must:

(e) The Ombudsman Program does not replace the agency level protest, GAO bid protest or disputes processes.

(f) The Air Force ombudsman is the ADAS(C), who may take action to assist in resolving issues, concerns, disagreements, and recommendations that cannot be resolved at the MAJCOM/DRU/SMC level, or for those having Air Force wide implications. The ADAS(C) is the AF ombudsman for procurement integrity issues (see OUSD(AT&L)/DPAP memo, 1 Oct 09).

(g) Government personnel may use the Ombudsman Program as a way to express concerns about an acquisition.

See AFICC PGI 5301.9102
See AFMC PGI 5301.91
See SMC PGI 5301.91
See USAFA PGI 5301-9102(a)

5301.9103 Solicitation Provision and Contract Clause

Insert a clause substantially the same as the clause at AFFARS 5352.201-9101, Ombudsman, in all solicitations (including draft solicitations) and contracts.

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