AFSPC FEDERAL ACQUISITION REGULATION SUPPLEMENT (AFSPCFARS)
The AFSPCFARS contains material that implements the Federal Acquisition Regulation (FAR), April 1990; the Defense Federal Acquisition Regulation Supplement (DFARS), December 1991; and the Air Force Federal Acquisition Regulation (AFFARS) January 1992. It also contains supplementary material unique to Air Force Space Command (AFSPC).
This supplement applies to all acquisitions made by AFSPC contracting activities in accordance with AFFARS 5301.103. This supplement is not a stand-alone document; it must be read with the FAR, DFARS, and AFFARS. It is arranged by parts according to FAR procedures.
File each FAR Supplement section behind the AFFARS in the respective section of the FAR. Annotate each paragraph referenced in accordance with AFI37-160V7, The Air Force Publications and Forms Management Programs--Publication Libraries and Sets, in the FAR, DFARS and AFFARS.
This 1995 Edition of the AFSPCFARS incorporates the following policy letter(s):
INFO.LTR94-40, Deletion of AFSPC FAR Sup 1, 5317.7404-90, Reporting of Undefinitized Contract Actions, 25 July 1994.
The following FAR, DFARS and AFFARS Parts are implemented and supplemented by AFSPCFARS. A detailed table of contents precedes each Part.
TABLE OF PARTS
5301 Federal Acquisition Regulations System
5302 Definitions of Words and Terms
5303 Improper Business Practices and Personal Conflicts of Interest
5304 Administrative Matters
5307 Acquisition Planning
5309 Contractor Qualifications
5311 Acquisition and Distribution of Commercial Products
5312 Contract Delivery or Performance
5313 Small Purchase and Other Simplified Purchase Procedures
5314 Sealed Bidding
5315 Contracting by Negotiation
5316 Types of Contracts
5317 Special Contracting Methods
AFSPCFARS 6 January 1995
5319 Small Business and Small Disadvantaged Business Concerns
5322 Application of Labor Laws to Government Acquisitions
5324 Protection of Privacy and Freedom of Information
5328 Bonds and Insurance
5332 Contract Financing
5333 Protests, Disputes, and Appeals
5336 Construction and Architect-Engineer Contract
5339 Acquisition of Information Resources
5342 Contract Administration
5343 Contract Modifications
5345 Government Property
5349 Termination of Contracts
5350 Extraordinary Contractual Actions
5351 Use of Government Sources by Contractors
5352 Solicitation Provisions and Contract Clauses
AFSPCFARS 6 January 1995
PART 5301 - FEDERAL ACQUISITION REGULATIONS SYSTEM
TABLE OF CONTENTS
Title Paragraph Page
SUBPART 5301.1 - PURPOSE, AUTHORITY, ISSUANCE
Arrangement of regulation..............5301.104-2 1-1
5301.3 AGENCY ACQUISITION REGULATIONS
Agency control and compliance
SUBPART 5301.6 - CONTRACTING AUTHORITY AND RESPONSIBILITIES
Delegation of general
contracting authority..................5301.601-92 1-2
Legal review...........................5301.601-95 1-4
Ratification of unauthorized
Selection, appointment, and
termination of appointment.............5301.603 1-8
SUBPART 5301.90 - CLEARANCE PROCESS
Scope and applicability................5301.9000 1-11
Roles and responsibilities.............5301.9003 1-11
General requirements...................5301.9006 1-11
Contract actions requiring review
and approval...........................5301.9006-3 1-11
Solicitation review....................5301.9007 1-11
Content of the Request for Business
Clearance (RBC)........................5301.9008 1-12
Related documents......................5301.9008(b) 1-12
Business clearance session procedures..5301.9010 1-13
Briefing requirements for
noncompetitive acquisitions............5301.9010-5 1-13
Briefing requirements for
competitive acquisitions...............5301.9010-6 1-13
AFSPCFARS 6 January 1995
PART 5301 - FEDERAL ACQUISITION REGULATIONS SYSTEM
TABLE OF CONTENTS (Cont'd)
Content of the Request for Contract
Clearance (RCC)........................5301.9011 1-14
Contract clearance procedures..........5301.9012 1-14
Competitive acquisitions...............5301.9012-1 1-14
Figure 1-F - Request for Contract Clearance (IFB) 1-15
Figure 1-G - Contract Clearance (IFB) 1-16
Figure 1-H - Request for IFB Review........................1-17
Table 1 Part E - Other Contracting Contract/Business
Clearance Authorities/Thresholds 1-18
AFSPCFARS 6 January 1995 5301.304
5301.1 PURPOSE, AUTHORITY, ISSUANCE.
5301.103 Applicability. This supplement applies to all acquisitions made by AFSPC contracting activities, whether located within or outside the United States, to the extent that the supplement does not conflict with treaties, regulations, or procedures that otherwise control overseas acquisitions.
5301.104-2 Arrangement of regulations. This supplement is numbered as consistently as possible to correspond with the FAR, DFARS, and AFFARS sections affected. New material in this supplement is numbered to correspond with the related FAR, DFARS, and AFFARS subpart, having a section number starting with "95xx." For example, AFSPCFARS 5314.202-9500 entitled "Solicitation Review Board" is numbered as follows: Part 5314 - Sealed Bidding; Subpart 5314.2 - Solicitation of Bids; Section 5314.202-9500 - This provision is new material added by AFSPCFARS.
5301.3 AGENCY ACQUISITION REGULATIONS.
5301.304 Agency control and compliance procedures.
(a) Purpose: An AFSPC procedure to control agency clauses.
(1) The purpose of this procedure is to establish a system of controls for the use of provisions/clauses other than those prescribed in the FAR, DFARS or AFFARS.
(2) Prior to including a multiple-use local provision/clause in a solicitation or contract, contracting officers must submit a request for approval to HQ AFSPC/LGCP with the following documentation:
A. Local provision or clause;
B. Complete justification;
C. Legal review.
(3) Local provisions and clauses which are developed for one time use in a particular contract do not require approval of higher headquarters, but must be reviewed by the local legal counsel. When a one-time provision or clause is used, a memorandum must be included in the contract file supporting its use.
(4) Each contracting office must maintain a system to track one-time use provisions/clauses.
5301.304 AFSPCFARS 6 January 1995
(b) Revisions to the AFSPCFARS.
(1) Revisions to AFSPCFARS will be issued via Air Force Space Command Acquisition Circulars or AFSPC Policy Letters. They will be issued on a quarterly basis to all recipients of the AFSPCFARS.
(c) Policy Letters.
(1) Policy letters will be issued as necessary to AFSPC contracting offices when time is of the essence in disseminating a revision, policy, or directive.
(2) The policy letters are effective until the revision, policy, or directive is superseded by publication of the material in an Air Force Space Command Acquisition Circular, or other directive or is specifically withdrawn.
1-1.1 (The next page is 1-2)
5301.601-92 AFSAPCFAR1 6 January 1995
5301.6 CONTRACTING AUTHORITY AND RESPONSIBILITIES.
5301.601-92 Delegation of general contracting authority. The Commander, as head of the contracting activity for "Other Contracting", has delegated authorities as follows:
(a) To the Chief, Contracting Division (LGC), this headquarters, or in that person's absence, the Assistant Chief, Contracting Division, (LGC), with power of redelegation to lower levels to the extent authorized by regulation, authority to:
(1) Ratify unauthorized commitments of $25,000 or less made by personnel receiving Air Force Space Command contracting support who lacked requisite authority.
(2) Exercise all remaining powers in the FAR and supplements thereto, and all other actions on matters related to contracting that are vested in the head of a contracting activity or major command commander which are authorized for delegation to a lower authority.
(b) Redelegation of Contracting Authority. The Chief, Contracting Division has redelegated contracting authorities as follows:
(1) To the Commander, 21 CONS, 30 CONS, 45 CONS and the Chief of the Contracting Flight, 50 LSS/LGC, with power of redelegation, the authority to make awards and grant Business Clearance and Contract Clearance approvals on contracts and contract actions for CONUS and overseas requirements not exceeding $10,000,000. Contracts and contract actions in excess of $10,000,000 require approval as shown in AFSPCFARS 5301.601-92(a).
(2) To the Chief of the Contracting Flight, 73 MSSQ/PK, without power of redelegation, the authority to make awards and grant Business Clearance and Contract Clearance approvals on contracts and contract actions for CONUS and overseas requirements not exceeding $3,000,000. Contracts and contract actions in excess of $3,000,000 require approval as shown in AFSPCFARS 5301.601-92(a).
(3) To the Commander, 90 CONS and 341 CONS with power of redelegation, the authority to make awards and grant Business Clearance and Contract Clearance approvals on contracts and contract actions for CONUS and overseas requirements not exceeding $1,000,000. Contracts and contract actions in excess of $1,000,000 require approval as shown in AFSPCFARS 5301.601- 92(a).
AFSPCFARS 6 January 1995 5301.601-92
(4) To the Chief of the Operational Contracting Office (OCO), 750 LSS/LGC; or, in his absence, the deputy, without power of redelegation, the authority to make awards and grant Business Clearance and Contract Clearance approvals on contracts and contract actions for CONUS and overseas requirements not exceeding $500,000. Contracts and contract actions in excess of $500,000 require approval as shown in AFSPCFARS 5301.601-92(a).
(5) To all duly appointed contracting officers of AFSPC the authority to:
(i) Enter into and award contracts and contract actions not exceeding $200,000 when assigned to Operational Contracting functions, $1,000,000 when assigned to Specialized Contracting functions or such lesser amount or other restrictions as indicated on each warrant, without further approval. Contracts and contract actions that exceed these amounts or the amount shown on each warrant will require higher level approval.
(ii) Make, authorize, and approve sales or contracts for the sale of equipment, supplies, and material in accordance with departmental instruction.
(iii) Enter into and award contracts and contract actions not exceeding $100,000 regardless of amount shown on each warrant, when deployed under extraordinary or emergency conditions to a location where contracting support is not provided.
(iv) Terminate contracts for the convenience of the Government or for default, settle terminations for convenience, and enter into settlement agreements, provided that the settlement does not exceed $100,000.
(6) To all duly appointed termination contracting officers, the authority to settle contracts terminated for the convenience of the Government and enter into settlement agreements pursuant to the FAR, when such settlement are under $1,000,000. Settlement agreements between $1,000,000 and $10,000,000 require approval as shown in AFSPCFARS 5301.601-92(b)(7).
(7) To the Commanders, 21 CONS, 30 CONS, , 45 CONS, 90 CONS, 341 CONS and Contracting Flight Chief, 50 LSS/LGC, 73 MSSQ/PK and 750 LSS/LGC the authority to approve termination settlements claims up to the approval level specified Table 1, Part E of this supplement. Settlement agreements over the approval threshold specified in Table 1, Part E will be forwarded to HQ AFSPC/LGC for approval.
5301.601-95 AFSPCFARS 6 January 1995
5301.601-95 Legal review.
(b) The supporting staff judge advocate (SJA) shall review solicitations and proposed contracts (including award fee plans) and modifications, as shown below, (however refer to AFSPCFARS 5301.9008(b)(5) for legal review requirements pertaining to Requests for Business Clearance):
(1) For 21 CONS, 30 CONS, 45 CONS, 50 LSS/LGC, and 73 MSSQ/PK: Review all actions expected to exceed $100,000.
(2) For 90 CONS, 341 CONS, 750 LSS/LGC: Review all actions expected to exceed $50,000.
(3) Modifications which only obligate or deobligate funds, orders placed against requirements contracts, individual delivery orders, task orders issued against contracts which contain the task order procedures or calls against indefinite delivery contracts (including utility contracts), orders placed against GSA schedules or contracts, blanket purchase agreements and unilateral exercise of prepriced options that were reviewed and approved at the time of award of the basic contract need not be reviewed.
(4) Amendments to solicitations do not require legal review unless the change will cause an increase or decrease in the IFB/RFP which exceeds $100,000 (21 CONS, 30 CONS, 45 CONS, 50 LSS/LGC and 73 MSSQ/PK), $50,000 (90 CONS 341 CONS, and 750 LSS/LGC).
(5) Regardless of dollar amount, the supporting SJA will provide advice, coordination, and review for the following legal matters and problems:
(i) Ratifications. (Also see AFSPCFARS 5301.602-3)
(ii) Disputes. (Also see AFSPCFARS 5333.211(a))
(iii) Contractor claims regardless of dollar amount (at final decision stage) (Also see AFSPCFARS 5333.211 and 5333.290(a)(1))
(iv) Mistakes in bid.
(v) Protests before and after award. (Also see AFSPCFARS 5333.103)
(vi) Terminations for default. (Also see AFSPCFARS 5349.101)
AFSPCFARS 6 January 1995 5301.601-95
(vii) Terminations for convenience, except cancellations or terminations of purchase orders. (Also see AFSPCFARS 5349.101)
(viii) Use of liquidated damages provisions in contracts for other than construction.
(ix) Any actions involving international agreements. (Will also require concurrent coordination by HQ AFSPC/LGCP).
(x) Debarment or suspension actions. (Also see AFSPCFARS 5309.406-3(90)(b)).
(xi) Justification and approvals (J&A) and Justification Review Documents (JRD).
(xii) Acquisition Plans, only if legal did not attend the Acquisition Strategy Panel (ASP).
(xiii) Source Selection Plans (SSPs) and standards.
(xiv) Other documents as prescribed in the FAR.
(6) Either the cognizant contracting officer or the supporting SJA may initiate review of other matters involving any legal issues at any dollar threshold.
Notes: For legal review purposes, the solicitation or contract amount includes the total value of all priced contract line items including option periods (For example, a one year contract priced at $50,000, with a one year option priced at $55,000, equals $105,000 and requires legal review). Modifications with an aggregate
value above the thresholds will require legal review (For example, a single modification decreasing a contract by $50,000 while also increasing other effort on the contract by $50,000 has a $100,000 aggregate value and requires legal review).
(1) The contract file shall be submitted for legal review in the same form and with the same substance as the file submitted for review by HQ AFSPC/LGCP. AF Form 3059, Staff Judge Advocate Coordination Sheet Procurement Contract, shall be used to document legal review of contractual documents.
(2) For review of contract modifications and other administrative actions, a posted working copy of the contract will be submitted with the document.
5301.602-3 AFSPCFARS 6 January 1995
(3) Legal review of solicitations (see AFSPCFARS 5301.601- 95(b) must be obtained before issuance. For exceptional cases, and with prior concurrence of the SJA, or their representative, legal review of a solicitation may be done immediately after issuance to allow enough time for corrections to be made. Legal review of amendments which correct "conditional legal approval" of a solicitation must be reviewed prior to issuance. Legal review of contracts and other contractual documents will be done before award and, where appropriate, before contractor signature.
(4) Legal review or coordination by the local SJA, or their representative, shall be obtained and documented in the file for all contractual actions which are forwarded to the HQ AFSPC/JA for review, information, coordination, approval, or other action.
(5) Comments provided as a result of legal review shall be complied with or resolved as follows:
(i) All comments affecting the legal sufficiency of proposed actions shall be complied with prior to release of documents.
(ii) Other comments shall be reviewed at a level higher than the contracting officer and resolved as appropriate.
(iii) Responses to each comment shall be documented in the contract file.
(6) Resubmittal for further legal review shall be accomplished when:
(i) Legal coordination was initially withheld.
(ii) Changes (other than administrative corrections) have been made to the contract instrument or accompanying file subsequent to the legal review. Exception: Those changes which satisfy "subject to" legal review comments.
(iii) The contractor has signed the contractual instrument with stated qualifications, conditions, or other exceptions to the terms and conditions of the instrument.
5301.602-3 Ratification of unauthorized commitments.
(e)(Added) Procedures for Other Contracting. Unauthorized commitments occurring in organizations supported by AFSPC contracting offices shall follow the procedures in subparagraphs (1) through (3).
AFSPCFARS 6 January 1995 5301.602-3
(1) The individual who committed the unauthorized act shall prepare a statement of all pertinent facts of the transaction including all relevant documents and records. This package is referred to as the ratification package. This package along with a funded purchase request (from the individual's unit) will be forwarded to the individual's commander (Squadron commander for military members, 3 letter office supervisor for civilians). The commander/supervisor will provide a statement (see para 2, below) and forward the package to the supporting contracting office. The contracting officer will prepare a "statement of facts" and a determination and finding (D&F) (see para 4, below) which will be added to the ratification package. Ratification packages will be forwarded to the ratifying official (see 5301.602-3(e)(5)).
(2) The ratification file shall include a statement from the individual's commander/supervisor describing any disciplinary action taken or an explanation of why none was considered necessary and a description of action taken to prevent recurrence of the unauthorized act. In this context "commander/supervisor" should be understood to be that person at Division level (three letter office symbol) or higher having administrative authority over the individual.
(3) When the unauthorized act is committed by individuals not under the jurisdiction of the installation commander (as when tenant organizations are involved), the statement regarding disciplinary action shall be furnished by the commander having jurisdiction over the individual who made the unauthorized commitment. The individual who made the unauthorized commitment shall furnish all facts, records, and documents requested by the contracting officer.
(4) The contracting officer shall:
(i) Determine the adequacy of the record and obtain further documentation if necessary.
(ii) Prepare a statement of facts.
(iii) Obtain a legal review and a recommendation from the local SJA on how the matter should be processed.
(iv) Include in the statement of facts, an analysis of the prices involved to support a finding that they are or are not fair and reasonable.
(v) Prepare the determination and finding (D&F).
(vi) Prepare a Staff Summary Sheet (AF Form 1768).
5301.603-2 AFSPCFARS 6 January 1995
(5) Chief of the contracting office 750 LSS/LGC is delegated authority to ratify actions not exceeding $2,500. Contracting Squadron Commanders, the Flight Chief 50 LSS/LGC and 73 MSSQ/PK are delegated authority to ratify actions not exceeding $10,000. Wing Commanders (21st, 30th, 45th, 50th SW and 90th, and 341st MW) and the 73rd Group Commander are delegated authority to ratify actions not exceeding $25,000. Unauthorized commitments exceeding $25,000, if ratifiable, will be forwarded (in original and one copy) through the Wing/Group Commanders to HQ AFSPC/LGC for ratification by HQ AFSPC Vice Commander (CV).
(6) Each contracting activity will establish a point of contact (POC) for unauthorized commitments. The POC will keep a log of unauthorized commitments showing the date received, date completed, action taken if a purchase order (PO) or delivery order (DO) was not issued, and the date the PO/DO was issued.
5301.603 Selection, appointment, and termination of appointment.
(a)(1) The Chiefs of AFSPC contracting offices, will submit requests for appointment and termination of contracting officers (other than limited contracting officers as described in AFFARS 5301.603-2(90)) to HQ AFSPC/LGC. All requests will include an AFSPC Form 145, signed by the candidate and contracting office chief or contracting squadron commander. Letters requesting appointment must address the business acumen, judgment, character, and reputation requirements of FAR 1.603-2. Any candidate for contracting officer (other than limited contracting officer) at the GS-9 through GS-12 level must have completed the mandatory procurement training for the GS 5-8 level detailed in DODD 5000.52 and must have either completed, or have identified in a training plan, the mandatory courses for the GS-9 through GS-12 level.
(2) A local contracting officer review board will review the candidate's qualifications for the proposed issuance of warrants for contracts over the small purchase limit. The review board will make recommendations to HQ AFSPC/LGC as to the qualifications of the candidates. The purpose of the review is to provide objective information on which the appointing authority can make a reasonable judgment.
(3) The Commanders, 21 CONS, 30 CONS, 45 CONS, 90 CONS, and 341 CONS the Flight Chief 50 LSS/LGC, will chair their respective review boards and submit their comments and recommendation to HQ AFSPC/LGC for approval.