Major Revisions Contained

in the

1995 Edition

of the

Air Force Space Command Federal Acquisition Regulation Supplement
(AFSPCFARS)

SUMMARY OF CHANGES

AFSPCFARS PART 5301
Federal Acquisition Regulations System

o Added new procedures on how future changes to the AFSPCFARS would be issued. All future changes to this supplement will be accomplished by the issuance of Air Force Space Command Acquisition Circulars (AFSPCAC).

o Changed the procedures for issuing contracting officer warrants in Part 1. The wording was changed from "other than small purchase and contingency contracting warrants" to now read "other than limited contracting officers as described in AFFARS 5301.603-2(90). and contingency contracting warrants

o Changed the wording to further clarify what the contracting officer needs to do (prior to requesting business clearance) when CRs and DRs are not completly answered by the offeror.

o Added a new Figure 1-H for IFB reviews. The AFFARS has a figure 1-A, that contracting officers are required to complete for Request for Proposals (RFPs) reviews, however there is no figure for Invitation for Bids (IFBs). A new figure was designed so that contracting officers could submit a request for IFB review.

AFSPCFARS PART 5302
Definition of Words and Terms

o Added a new definition for the terms "Operational Contracting"
and "Specialized Contracting".

AFSPCFARS PART 5314
Sealed Bidding

o Added a new sentence to require contracting officer(s) to complete Figure 1-H for all IFB reviews.

o Added a new sentence to explain how to amend solicitations. This new sentence was added to help contracting officers remember to comply with AFSPCFARS 5301.9008(b)(3)(i)(Added) and 5314.202-6(c).

AFSPCFARS PART 5315
Contracting By Negotiation

o Added a new sentence to explain how to amend solicitations. This new sentence was added to help contracting officers remember to comply with AFSPCFARS 5301.9008(b)(3)(i)(Added) and 5315.408-9500.

PAGE 2
AFSPCFARS PART 5317
Special Contracting Methods

o Deleted the requirement (AFSPCFARS 5317.7404-90) for reporting undefinitized contract actions. This report was considered not necessary anymore.

AFSPCFARS PART 5339
Acquisition of Information Resources

o Changed the procedures slightly on the policy of Information
Resources. The words "mandatory use requirements" was changed to read "indefinite delivery".

AFSPCFARS PART 5345
Government Property

o Added new language on Management of Government Property in the possession of Contractors.

AFSPCFARS PART 5353
Forms

o Changed the signature page for this supplement from General Horner to General Ashy.

GENERAL COMMENTS

o Changed the office symbol for 50 LSS from "LXT" to "LGC" and
750 LSS from "PK" to "LGC" throughout the entire supplement.

o Deletes reference(s) to obsolete regulation(s). AFR 800-35 was changed to AFI 63-301.

o Made numerous editorial, administrative, grammatical, and typographical corrections throughout the entire supplement. The most predominant change made was changing "AFSPC FAR Sup 1" to read "AFSPCFARS" at selected places throughout the text..

PAGE 3

BY ORDER OF THE COMMANDER
AIR FORCE SPACE COMMAND

\* Mergeformat

AFSPCFARS

Federal Acquisition Regulation

\* Mergeformat

6 January 1995

es Title"

AFSPC FEDERAL ACQUISITION REGULATION SUPPLEMENT (AFSPCFARS)

1995 EDITION

FORWARD

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

PART TITLE

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
5353 Forms

ii

AFSPCFARS 6 January 1995

PART 5301 - FEDERAL ACQUISITION REGULATIONS SYSTEM

TABLE OF CONTENTS

Title Paragraph Page

SUBPART 5301.1 - PURPOSE, AUTHORITY, ISSUANCE

Applicability..........................5301.103 1-1
Issuance...............................5301.104 1-1
Arrangement of regulation..............5301.104-2 1-1

5301.3 AGENCY ACQUISITION REGULATIONS

Agency control and compliance
procedures.............................5301.304 1-1

SUBPART 5301.6 - CONTRACTING AUTHORITY AND RESPONSIBILITIES

General................................5301.601 1-2
Delegation of general
contracting authority..................5301.601-92 1-2
Legal review...........................5301.601-95 1-4
Ratification of unauthorized
commitments............................5301.602-3 1-6
Selection, appointment, and
termination of appointment.............5301.603 1-8
Selection..............................5301.603-2 1-8
Appointment............................5301.603-3 1-9
Termination............................5301.603-4 1-10

SUBPART 5301.90 - CLEARANCE PROCESS

Scope and applicability................5301.9000 1-11
Roles and responsibilities.............5301.9003 1-11
Specific...............................5301.9003-2 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

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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

1-ii

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 Issuance.

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.

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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.

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5301.601-92 AFSAPCFAR1 6 January 1995

5301.6 CONTRACTING AUTHORITY AND RESPONSIBILITIES.

5301.601 General.

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).

1-2
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.

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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)

1-4
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).

(c) Administration

(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.

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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).

1-6
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).

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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.

5301.603-2 Selection.

(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.

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AFSPCFARS 6 January 1995 5301.603-3

(4) All review boards will examine the candidate's qualifications in two areas:

(i) Formal Qualifications:

A. Educational level and types of degrees.

B. Warrants held.

C. Professional certificates.

D. Length of contracting experience and type of positions held. Any non-contracting experience that the candidate feels is related.

E. Completion of DoD mandatory contracting classes and any supplementary classes.

(ii) Personal Interview. The review boards will conduct a personal interview intended to resolve any questions about the formal qualifications and to consider the candidate's general demeanor and self presentation, oral communication skills, and ability to think logically in discussing general contracting issues. When possible, out-of-town candidates will be interviewed in person; however, a conference call may be substituted. The board will hold a preliminary meeting to discuss the nature of the questions to be asked of each candidate.

(b)(4) 21 CONS will provide surveillance of and conduct periodic staff assistance visits to JPPSO-COS transportation. In addition, 30 CONS, 45 CONS and the 90 CONS will provide surveillance of and conduct periodic staff assistance visits to the Transportation Management Office at least every 6 months.

5301.603-2(90) Limited contracting officer authority.

(a) Chiefs of each AFSPC contracting office and commanders of AFSPC contracting squadrons have authority to issue limited contracting officer warrants as described in AFFARS 5301.603-2(90), subject to the qualifications set forth therein. Additionally, subject to the limitation stated in Part 5301.601-92(b)(5)(iii) of this supplement, chiefs of contracting offices and contracting squadron commanders can issue warrants for contingency contracting officers for deployment.

5301.603-3 Appointment. Requests for appointment will include a completed and signed AFSPC Form 145 to document the appointee's education, training, and experience. Use remarks block on page two of the form to show any previous warrants held. The submitting office keeps a second signed copy of the form.

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5301.603-4 AFSPCFARS 6 January 1995

5301.603-4 Termination. The chief of each AFSPC contracting office and Commanders of the 21 CONS, 30 CONS, 45 CONS 90 CONS, and 341 CONS may terminate those warrants which were issued by their office. For contracting officer warrants issued by HQ AFSPC, the chief of each AFSPC contracting office and Commanders of the 21 CONS, 30 CONS, 45 CONS, 90 CONS, and 341 CONS will notify HQ AFSPC/LGCP when a contracting officer administratively assigned to that contracting office (including decentralized appointments sponsored by those offices) is separating, transferring, or otherwise becoming ineligible for the contracting officer appointment. The notice will be by letter, message, or facsimile and contain the individual's name, the contracting officer appointment number, and the effective date for termination of the appointment. The notice will be mailed or transmitted at least 2 weeks prior to the requested effective date.

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AFSPCFARS 6 January 1995 5301.9007

5301.90 CLEARANCE PROCESS.

5301.9000 Scope and applicability.

(b) AFSPC contracting requirements usually fall under "Other Contracting". All requirements exceeding the contracting officer's authority will be subject to the business/contract clearance process described in AFFARS Subpart 5301.9. The business/contract clearance authority for actions above the contracting officer's authority, up to the authority delegated to the contracting office (see AFSPCFARS 5301.601-92), is the chief of the contracting office. The chief of the contracting office will establish specific procedures consistent with AFFARS 5301.9 and the HQ AFSPCFARSplement and may redelegate clearance authority to a level no lower than one level above the contracting officer. Requirements exceeding each office's delegated authority (see Table 1, Part E) will require business/contract clearance at the HQ AFSPC/LGC level. Allow at least seven workdays for HQ AFSPC/LGCP to complete reviews for Business/Contract Clearance requests.

5301.9003 Roles and responsibilities.

5301.9003-2 Specific.

(c)(4)(Added) Review/approval authorities will use the solicitation number as the Business Clearance Number in AFFARS Figure 1-C, and the contract number will be used as the Contract Clearance Number in AFFAR Supplement 1 Figure 1-E, and AFSPCFARS Figures 1-F and G.

(d) Table 1, Part E "Other Contracting" prescribes the "Contract/Business Clearance Authorities/Thresholds" for AFSPC contracting activities. The review and approval authority for both business clearance and contract clearance have been consolidated.

5301.9006 General requirements.

5301.9006-3 Contract actions requiring review and approval.

(a)(3) Modifications which only obligate or deobligate funds, individual delivery orders, task orders issued against contracts which contain the task order procedures or calls against indefinite delivery contracts (including utility contracts), and blanket purchase agreements do not require business or contract clearance.

5301.9007 Solicitation review.

(b) Request for Proposal review will be in accordance with AFSPCFARS Part 5315.408-9500.

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5301.9008 AFSPCFARS 6 January 1995

(d) (Added) Invitations for Bids (IFBs) do not require business clearance. For IFBs review procedures see AFSPCFARS Part 5314.202-6 and Figure 1-H. .

5301.9008 Content of the Request for Business Clearance (RBC).

5301.9008(b) Related Documents. The content for RBCs which have had HQ AFSPC/LGCP solicitation review will consist of copies of all documentation that was not submitted for the solicitation review (i.e. all documentation that has been generated from the submission for solicitation review to the submission of the RBC).

(1) The format and content requirements of this section apply to RBCs for "Other Contracting" and should consist of the items listed in AFFARS 5301.9008 plus other documents required by this section (if appropriate).

(2)(i)(Added) In noncompetitive acquisitions the preliminary PNM must explain the rationale used to arrive at the government cost objective by cost element. If appropriate, a maximum negotiation position will be included. When a maximum negotiation position is included, it shall be set forth in a tabular format by major elements of cost and profit showing the proposed, objective and maximum positions. The reasons for the potential variances of the maximum position from the objective position will be explained by cost element.

(ii)(Added) For competitive actions, the Clarification Requests (CRs), Deficiency Requests (DRs), Strong and Weak Points, and Evaluation Narrative for each offer. If the outcome of CRs and DRs is not apparent from the forms themselves, an explanation will be required in the evaluation narrative (AFSPC FORM 61) explaining the status of the CRs and DRs prior to the time the contracting officer is requesting business clearance. If the Request for Business Clearance requests approval to award without discussions, include the final Proposal Analysis Report (PAR) or Source Selection Evaluation Board (SSEB) Evaluation Report, including a cost assessment section.

(3)(i)(Added) The proposed contract as referenced in AFFARS 5301.9008(3) will consist of: all the documents from the solicitation that will become the resultant contract. Changes made by amendments will be done by changed sheets to the solicitation. Changed pages will show the amendment number (IAW DFARS 204.7004), date of change and a vertical line identifying the part that was changed. The latest changed page(s) will be included in the proposed contract.

(5) Solicitation/Contract File Folder Index (AFSPC Form 33) will be used and will include all items checked on the form.

1-12

AFSPCFARS 6 January 1995 5301.9010-6

Packages being submitted for business clearance do not require an additional legal review, for purposes of granting the business clearance. However, the legal review on the solicitation does not suffice as the legal review prior to award. That review should be done prior to contract clearance, if clearance is required, or prior to the contracting officer's signature on the award document for actions not requiring contract clearance. Ensure the following documents are also included with the file:

(i) Abstract of offers, if applicable.

(ii) Subcontracting plans, including appropriate reviews and recommendations.

(iii) Buying activity cleared review committee
comments, if the package was reviewed at AFSPC/LGC. (See 5314.202-6(c) and 5315.408-9500(c) for AFSPC/LGC review procedures).

(6) Offerors' proposal.

(i)(Added) Submit the offeror's complete proposal.

(9)(Added) Modifications. Modifications will be reviewed at the local level as prescribed by local procedures within the dollar levels indicated in Part E, Table 1. Request for Business Clearance (RBC) requirements for noncompetitive actions will apply to modifications.

5301.9010 Business clearance session procedures.

5301.9010-5 Briefing requirements for noncompetitive acquisitions.

(c) (Added) If requested by the approving authority, the procedures (refer to AFFARS 5301.9010-5) will be followed for briefing at the HQ AFSPC/LGC level. Review/approval authorities at all other contracting activities will establish their own briefing procedures and provide HQ AFSPC/LGC a copy of the procedures and any changes as they occur. Refer to AFSPCFARS Table 1, Part E for review/approval authorities.

5301.9010-6 Briefing requirements for competitive acquisitions.

(c) (Added) If requested by the approving authority, the procedures (refer to AFFARS 5301.9010-6) will be followed for briefing at the HQ AFSPC/LGC level. Review/approval authorities at all other contracting activities will establish their own briefing procedures and provide HQ AFSPC/LGC a copy of the procedures and any changes as they occur. Refer to AFSPCFARS Table 1, Part E for review/approval authorities.

1-13

5301.9012-1 AFSPCFARS 6 January 1995

5301.9011 Content of the Request for Contract Clearance (RCC).

(c) (Added) For actions requiring contract clearance at
HQ AFSPC/LGC level, the contracting office shall submit the Request for Contract Clearance (RCC) to HQ AFSPC/LGC. The AFSPC Form 33, "Solicitation/Contract File Folder Index", will be used and all applicable items checked.

(d) (Added) In addition to the above, ensure the following documents are also included in the file submitted to HQ AFSPC/LGC at least seven workdays before desired approval date. Include (as appropriate):

(1) Award determination, including identity of awardee, amount of accepted offer, amounts of unsuccessful offers, basis of selection for award, and award PIIN.

(2) The contracting officer's determination of responsibility of prospective awardee.

(3) Contracting Officer Certification of Procurement Integrity.

(4) Buying activity cleared review committee comments, if the package was reviewed at AFSPC/LGC. (See 5314.202-6(c) and 5315.408-9500(c) for AFSPC/LGC review procedures)..

(e) (Added) Requests for IFB contract clearance (competitive acquisitions). The content of RCC's, which have had HQ AFSPC/LGC solicitation review, will consist of the complete contract file which will be submitted in the format in AFSPCFARS Figure 1-F.

(f) (Added) Contract Clearance (IFB, competitive acquisitions) will be accomplished by the approving authority in the format described in AFSPCFARS Figure 1-G.

5301.9012 Contract clearance procedures.

5301.9012-1 Competitive acquisitions.

(a) All Invitations for Bid (IFBs) above the dollar limits shown in AFSPCFARS Table 1, Part E, require Contract Clearance after opening of bids and contracting officer's determination of responsibility of prospective awardee.

1-14

AFSPCFARS 6 January 1995 Figure 1-F

FIGURE 1-F

FOR OFFICIAL USE ONLY

[INVITATION FOR BIDS (IFB)]

[Date]

REQUEST FOR Contract Clearance TO:___________________________(1)
SUBJECT:_____________________________________________________(2)
Subject:____________________(2)_____________________

1. I hereby request authorization to award contract____________
_________________________________________. (3)

2. Contracting Officer:___________________ Phone_______________
Contract Specialist:___________________ Phone_______________

3. Documents forwarded:

___ IFB, including amendments and all supporting documentation.
___ Official Contract File, including all applicable items in the
Solicitation/Contract File Folder Index (AFSPC Form 33).
___ Bids Received.
___ Contract Document.
___ Other: (specify)

These documents are forwarded in the form of _________ file folders and/or _________three-ring binders.

4. Any other points the contracting officer considers useful to the approving authority: (4)

[Signature of Contracting Officer]
Name:
Title:
Office Symbol:

Notes:

(1) Enter the office symbol of the contract clearance approving
authority.
(2) Enter the project title.
(3) Enter contract number.
(4) List the points and attach a brief narrative statement for
each. If none, state "None".

1-15
Figure 1-G AFSPCFARS 6 January 1995

FIGURE 1-G

FOR OFFICIAL USE ONLY

[INVITATION FOR BIDS (IFB)]

[Date]

CONTRACT CLEARANCE (IFB)

Reference: (a)Contract Clearance Number _________(1)___________
(b)Request for Contract Clearance dated_____________
Subject:____________________(2)_____________________

1. As the contract clearance approving authority designated by
AFFARS 5301.9006-1, as supplemented, I hereby approve the reference (b) request.

2. Conditions on the approval are:______________(3)____________

3. Provide documentation explaining resolution of conditions identified in paragraph 2 above within 10 workdays from the date of the approval.

[Signature of Approving Authority]
Name:
Title:
Office Symbol:

Notes:

(1) Enter the proposed contract.
(2) Enter the project title.
(3) If there are conditions on the clearance, enumerate them.
If there are no conditions on the clearance, enter "None".

1-16

AFSPCFARS 6 January 1995 Figure 1-H

FIGURE 1-H

FOR OFFICIAL USE ONLY

[INVITATION FOR BIDS (IFB)]

[Date]

REQUEST FOR IFB REVIEW TO:_______________________________________(1)

SUBJECT:_________________________________________________________(2)

1. Pertinent Information:

a. Estimated dollar value:____________(3)

b. Brief project description:_______________________________

_________________________________________________________________

c. Solicitation Number:__________________(DODAAC Code)
Date of issuance:___________. Closing Date:_____________

2. Documents provided in accordance with AFSPC FAR SUP 5314.202-6(a)

___IFB

___Official Contract File, including all applicable items in the
Solicitation/Contract File Folder Index

3 Any other information the contracting officer considers useful to the reviewing authority(4)

Contracting Officer Signature
Name
Title
Office Symbol

Notes:

(1) Office symbol of IFB review authority
(2) Brief project title.
(3) Estimate the dollar value by dollar ranges (enter appropriate
dollar range which includes all options): Under $500K;
$500K-$1M; $1M-$5; $5M or more.
(4) List each point and provide a brief narrative statement. If
none, state "NONE."

1-17
Table 1 AFSPCFARS 6 January 1995

TABLE 1

PART E - OTHER CONTRACTING

CONTRACT/BUSINESS CLEARANCE AUTHORITIES/THRESHOLDS

DOLLAR THRESHOLD
CONTRACTING FOR SOLICITATIONS* REVIEWING/APPROVING
ORGANIZATION & MODIFICATIONS** AUTHORITY

750 LSS/LGC Up to $500,000 Office Chief***
OVER $500,000 HQ AFSPC/LGC

90 CONS Up to $1,000,000 Commander, 90 CONS***
OVER $1,000,000 HQ AFSPC/LGC

341 CONS Up to $1,000,000 Commander, 341 CONS***
OVER $1,000,000 HQ AFSPC/LGC

73 MSSQ/PK Up to $3,000,000 Contracting Flight Chief
Over $3,000,000 HQ AFSPC/LGC

21 CONS Up to $10,000,000 Commander, 21 CONS***
30 CONS Up to $10,000,000 Commander, 30 CONS***
45 CONS Up to $10,000,000 Commander, 45 CONS***
50 LSS/LGC Up to $10,000,000 Contracting Flight
Chief***
OVER $10,000,000 HQ AFSPC/LGC

1-18
AFSPCFARS 6 January 1995

PART 5302 - DEFINITIONS OF WORDS AND TERMS

TABLE OF CONTENTS

Title Paragraph Page

SUBPART 5302.1 - DEFINITIONS

Definitions............................5302.101 2-1

2-i

AFSPCFARS 6 January 1995 5302.101

5302.1 DEFINITIONS.

5302.101 Definitions.

a. For the purpose of this FAR Supplement the following offices
are considered contracting offices:

1. 21st Contracting Squadron:
21 CONS/CC
Peterson AFB CO 80914-4001

2. 30th Contracting Squadron:
30 CONS/CC
Vandenberg AFB CA 93437-5226

3. 45th Contracting Squadron:
45 CONS/CC
Patrick AFB FL 32925-3237

4. 50th Logistics Support Squadron, Contracting Flight:
50 LSS/LGC
Falcon AFB CO 80912-3030

5. 90th Contracting Squadron:
90 CONS/CC
F.E. Warren AFB WY 82005-2860

6. 341st Contracting Squadron:
341 CONS/CC
Malstrom AFB MT 59402-6863

7. 750th Logistics Support Squadron, Operational
Contracting Office:
750 LSS/LGC
Onizuka AS CA 94088-3430

8. 73rd Mission Support Squadron, Contracting Flight:
73 MSSQ/PK
Falcon AFB CO 80912-4056

b. The term "Office Chief" as used in this supplement means
Contracting Squadron Commander and/or Contracting Flight Chief which includes the 750 LSS/LGC.

c. "Administrative Language" as it relates to contract provisions, special contract requirements and contract clauses is defined as: "That information which the contractor must know in order to manage the contract from an administrative standpoint".

2-1
5302.101 AFSPCFARS 6 January 1995

This information such as payment office addresses, packing and marking information, point of inspection and acceptance, place of delivery, etc. This information is considered not to have a significant impact on contractors and is generally contract or base unique. Language of this type is primarily found in Sections C through G of the solicitation and contracts. See AFSPCFARS 5301.304, "Agency control and compliance procedures" and 5352.108 "Locally developed clauses and provisions approval process."

d. The term "Operational Contracting" as used in this supplement means contracting activities that were previously performed by "Base Contracting".

e. The term "Specialized Contracting" as used in this supplement means contracting activities that are not classified as "Base Contracting."

2-2
AFSPCFARS 6 January 1995

PART 5303 - IMPROPER BUSINESS PRACTICES AND PERSONAL
CONFLICTS OF INTERESTS

TABLE OF CONTENTS

Title Paragraph Page

SUBPART 5303.1 - SAFEGUARDS

Procurement integrity..................5303.104 3-1
Restrictions on employment or
business opportunity discussions
between competing contractors
and procurement officials..............5303.104-6 3-1
Processing violations or
possible violations....................5303.104-11 3-1

3-i

AFSPCFARS 6 January 1995 5303.104-11

5303.1 SAFEGUARDS

5303.104 Procurement integrity

5303.104-6 Restrictions on employment or business opportunity discussions between competing contractors and procurement officials.

(d)(i)(Added) Authority to approve recusal requests for Lieutenant Colonels, GS/GM 14s and below has been delegated to AFSPC directors and wing commanders (Group Commander for 73 SPG personnel). These requests should be coordinated through servicing contracting and judge advocate offices. The requests should contain the information in paragraph 5303.104-6(d)(ii) below, items 1-6 only, and the recommendation of the individual's supervisor.

(d)(ii)(Added) Authority to approve recusal requests for Colonel, GM 15 and higher ranking personnel has been delegated to AFSPC/CV. These requests should be routed through servicing contracting and staff judge advocate offices, and through
HQ AFSPC/LGC and JA prior to submission to AFSPC/CV for approval. The requests will include the following data:

1. Name of requester

2. Current position/job title

3. Projected retirement date

4. Description of current or projected involvement with ongoing programs or new acquisitions for sought recusal

5. Impact on program/unit mission if recusal is granted

6. Proposed replacement individual for procurement official acquisition duties

7. Commander/Director recommendation

5303.104-11 Processing violations or possible violations

(a)(1) HQ AFSPC/CC (HCA) has delegated authority to review and direct appropriate action on violations or possible violations of the Procurement Integrity Act, in accordance with FAR 3.104-11 to
HQ AFSPC/CV and to general officer wing commanders in AFSPC.

3-1
AFSPCFARS 6 January 1995

PART 5304 - ADMINISTRATIVE MATTERS

TABLE OF CONTENTS

Title Paragraph Page

SUBPART 5304.000 - SCOPE OF PART

Scope of part..........................5304.000 4-1

CONTRACT EXECUTION - 5304.1

Contractor's signature 5304.102 4-1
Signatory Certifications...............5304.102(f) 4-1

CONTRACT REPORTING - 5304.6

Defense Contract Action Data System
(DCADS)................................5304.670 4-1
Contracting Office
Responsibilities.......................5304.670-3 4-1
Individual contract reporting of actions
$25,000 or Less........................5304.670-9 4-1

4-i

AFSPCFARS 6 January 1995 5304.670-9(c)

5304.000 Scope of part.

Correspondence and documents requiring HQ AFSPC/LGC coordination or approval will usually be submitted to HQ AFSPC/LGCP for processing. Exceptions include any actions on which the Chief or Assistant Chief, Contracting Division are acting in a capacity other than Chief, or Assistant Chief Contracting Division, e.g., SSAC member or source selection advisor.

5304.1 CONTRACT EXECUTION.

5304.102 Contractor's signature.

5304.102(f)(Added) Signatory Certifications.

AFSPC contracting activities will include the provision at 5352.204-9500 " Signatory Certifications" in all solicitations.

5304.6 CONTRACT REPORTING.

5304.670 Defense Contract Action Data System (DCADS).

5304.670-3 Contracting office responsibilities.

5304.670-3(a)(3) Manual contracting offices shall mail the original DD Form 350s to HQ AFSPC/LGCM. Automated contracting offices shall electronically transmit via Defense Data Network their DD Form 350 reports to WPAFB.

5304.670-9 Individual contract reporting of actions $25,000 or less.

5304.670-9(c)(Added) Manual contracting offices shall mail the original DD Form 1057 to HQ AFSPC/LGCM. Automated contracting offices shall electronically transmit via, Defense Data Network (DDN), the monthly DD1057/1015 report to WPAFB.

4-1
AFSPCFARS 6 January 1995

PART 5307 - ACQUISITION PLANNING

TABLE OF CONTENTS

Title Paragraph Page

SUBPART 5307.1 ACQUISITION PLANS

Agency head responsibilities...........5307.103 7-1
Air Force procedures for Acquisitions
Plans..................................5307.104-90 7-1
Acquisition Strategy Panels (ASPs).....5307.104-91 7-1
Contents of written acquisition plans..5307.105 7-4
Figure 7-A Suggested subjects for
discussion at an acquisition strategy
panel.................................. 7-5

7-i

AFSPCFARS 6 January 1995 5307.104-91

5307.1 ACQUISITIONS PLANS.

5307.103 Agency head responsibilities.

5307.103(c)(i)(C)(3)(i)(Added) An acquisition plan in some form is required on every negotiated acquisition for "other contracting", other than small purchases. Acquisition plans for negotiated acquisitions under $5,000,000 and sealed bidding under $10,000,000 (except two-step sealed bidding) may consist of information as simple as a milestone list showing the schedule for the acquisition steps. A formal written acquisition plan, addressing the applicable factors listed in FAR 7.105 and its supplements is required on all negotiated acquisitions over $5,000,000, two-step sealed bids over $5,000,000, and sealed bids over $10,000,000 total acquisition value (initial requirements plus priced options). Include decision documentation on the Value Engineering Program and its clauses.

5307.104-90 Air Force procedures for Acquisition Plans.

(b)(4) Formal plans will be coordinated by the chief of the organization the requirement resides in (up to $25 million), Wing Commander or equivalent (over $25 million), competition advocate (if other than full and open competition), and approved by the business and contract clearance official for the estimated dollar value (see AFSPCFARS 5301.9000 and Table 1, Part E).

5307.104-91 Acquisition Strategy Panels (ASPs).

(a)(2) Figure 7-A, depicts suggested subjects for discussion at the ASP meeting. The subjects may vary depending on the acquisition under review. An additional consideration to be discussed in each subject area is the need for and timing of any higher headquarters reviews, clearances, approvals or waivers.

(a)(3) (Added) Panel recommendations may not, by themselves, be the basis of any decision or determination that the FAR, AFFARS Appendix AA, AFFARS Appendix BB, or any other acquisition regulation assigned to acquisition officials; for example, method of acquisition, type of contract, use of set-aside procedures, ranking of evaluation criteria, determination of competitive range and basis of award. However, ASP recommendations must be considered by the acquisition officials in making their decisions.

(4) (Added) ASPs are required for acquisitions which require a formal acquisition plan per AFSPCFARS 5301.103(c)(i)(C)(3)(i).

7-1
5307.104-91 AFSPCFARS 6 January 1995

(b)(1) (Added) ASPs may be convened, at the discretion of the procuring contracting officer (PCO) or business/contract clearance official, on any requirement to discuss an unusual acquisition approach or to maximize potential competition. All ASP recommendations will be fully discussed/resolved in the acquisition plan and the ASP minutes will be attached to the plan.

(2) (Added) All ASP members will be given a copy of a draft acquisition plan and any other available requirement documents as soon as possible, but at least 5 working days before the ASP. For overseas acquisitions, the chairperson determines if it is feasible to convene a central panel meeting. If the geographical separation of panel membership makes the central meeting uneconomical, the chairperson may conduct the ASP by telephone with those members who are geographically separated.

(3) (Added) The panel is briefed, as appropriate, on the following subjects, by the persons indicated (refer to Figure 7-A, for descriptions):

(i) Chairperson or PM - BACKGROUND.

(ii) PM or designee - TECHNICAL.

(iii) Comptroller representative - FUNDING.

(iv) PCO - SOURCE SELECTION METHOD.

(v) PCO or contract specialist - CONTRACTING ASPECTS, including small business and value engineering considerations.

(vi) PM or designee - LOGISTICS.

(vii) Quality assurance representative or ACO - QUALITY ASSURANCE.

(viii) ACO or contract administrator - CONTRACT ADMINISTRATION.

(4) (Added) Other Responsibilities. The program manager (PM) or contract requirements manager (CRM), as appropriate, should submit the available requirement documents (at least a draft SOW or comprehensive statement of needs) to the PCO for review at least 10 days before the suggested ASP date.

(c) The ASP chairperson is the business/contract clearance official for the acquisition. The ASP chairperson is responsible for ensuring that the ASP is conducted. ASPs required by this supplement

7-2
AFSPCFARS 6 January 1995 5307.104-91

may be waived upon written determination by the PCO and PM that the proposed acquisition will not benefit from a ASP. The determination must be coordinated with the Competition Advocated (see AFI 63-301, Air Force Competition Advocate Program) if other than full and open competition is contemplated, and approved by the business/contract clearance official (see AFSPCFARS 5301.9000, Table 1, Part E) having authority for the program value of the acquisition.

(d)(3) (Added) Members or additional participants, should be of sufficient grade/rank and experience, and be authorized to speak and act on behalf of the individual or organization they represent.

(4) (Added) Additional core members for all ASPs are:

(i) Deputy for Small Business.

(ii) Program Manager.

(iii) Offices of collateral responsibility (OCR) personnel.

(5) (Added) For acquisitions by source selection, where the SSA is HQ AFSPC Commander, Vice Commander or Chief Contracting Division, additional core members are a senior member from the following offices:

(i) Command Competition Advocate (S/CVC)

(ii) Financial Management and Comptroller (S/FM).

(iii) Staff Judge Advocate (S/JA)

(iv) Contracting (S/LGC)

(v) Functional areas having significant statement of work involvement.

(6) (Added) Additional participants for all ASPs, as appropriate, include: (Attendance by these participants is recommended, but optional)

(i) Associate Director for Small Business.

(ii) Cognizant Competition Advocate.

(iii) Supporting Price Analyst

(iv) Command cost study manager (for A-76 cost studies).

7-3

5307.105(b)(1) AFSPCFARS 6 January 1995

(e) All unclassified ASP meetings, presentations, viewgraphs, and charts shall be marked as "For Official Use Only".

5307.105 Contents of written acquisition plans.

5307.105(b)(1) Plan of action. AFSPC Acquisition Plans for competitively negotiated acquisitions over $5 million will address how the requirement for one-on-one discussions with prospective contractors is satisfied by the requiring activity (See 5315.404(b)(2)(ii)). If there is sufficient justification for not conducting these discussions, e.g. mature follow-on program, non-complex or standard commercial requirement, this justification will be provided in the acquisition plan. Approval of the acquisition plan containing such justification will constitute waiver of the one-on-one discussion requirement.

7-4
AFSPCFARS 6 January 1995 Figure 7-A

FIGURE 7-A

SUGGESTED SUBJECTS FOR DISCUSSION AT AN ACQUISITION STRATEGY PANEL

1. BACKGROUND
Office of the Secretary of Defense and Air Force Guidance
Program Overview and Procurement History
Program or Project Risks
Program Office Organization (Joint Office)

2. TECHNICAL
Requirement or System Description
Elimination and Minimization of Hazardous Materials and Hazardous Wastes
Technical Approaches or Challenges
Technical Risk Assessment and Maturity
Adequacy of Specifications and Statement of Work
Technical Management
Test and Operations
Management Systems and Data Requirements
Manpower, Personnel, Training, and Safety
Software Modification, Application, and Management
Recent Evaluations of Contractor Performance
Reliability and Maintainability
Contractor Safety Standards
Contractor-Environmental Programs
(Pollution Prevention and Use of Recycled Materials)

3. FUNDING
Appropriation and Availability of Funds Funding Restrictions Multiyear Funding

4. SOURCE SELECTION METHOD
Formal or Streamlined Procedures
Competition and Competitive Base
Designation of Source Selection Authority
Source Selection Organization and Procedures
Evaluation and Award Criteria
Sources Sought Synopsis (Market Research)
Small Business Potential
Cost Comparison Study (A-76)

5. CONTRACTING ASPECTS
Contracting Assumptions and Alternatives
Streamlining Initiatives
Description of Contract Requirements
(Contract Strategy Structure; i.e., Basic and Options; Long Lead Implementation)

7-5

Figure 7-A AFSPCFARS 6 January 1995

Nondevelopmental Items and Commercial Off-the-Shelf
Cost Schedule, and Technical Risks
Contract Method (Type, Share Lines, etc.)
Multiyear Contracting Potential
Period of Performance and Milestone Schedules
Draft Solicitation to Industry
Special Clauses and Considerations (Special Studies)
Contracting Incentives and Award Fees
Component Breakout Analysis
Government-Furnished Equipment and Contractor-Furnished Equipment
Reprocurement Data
Lease Versus Purchase
Site Visits
Foreign Military Sales Potential
Elimination and Minimization of Hazardous Materials and Hazardous Wastes
Environmental Programs (ODCs and Energy Star)

6. LOGISTICS
Support and Maintenance Concepts
Life Cycle Cost Application
Spare Parts Planning
Warranties
Contractor Support
Technical Data
Test Equipment
Training

7. QUALITY ASSURANCE
Total Quality Management
Special Inspection and Test Requirements
Inspection and Acceptance Points

8. CONTRACT ADMINISTRATION
Government Resources Required
Use of Government Facilities
Labor Relations and Strike Contingencies
Department of Labor Wage Rate and Labor Laws

7-6
AFSPCFARS 6 January 1995

PART 5309 - CONTRACTOR QUALIFICATIONS

TABLE OF CONTENTS

Title Paragraph Page

SUBPART 5309.4 - DEBARMENT, SUSPENSION, AND INELIGIBILITY

Debarment..............................5309.406 9-1
Procedures.............................5309.406-3-90 9-1

9-i

AFSPCFARS 6 January 1995 5309.406-3-90

5309.4 DEBARMENT, SUSPENSION, AND INELIGIBILITY.

5309.406 Debarment.

5309.406-3-90 Air Force Procedures.

(c) Contracting officers shall forward recommendations for suspension or debarment to HQ AFSPC/LGCP and HQ AFSPC/JA for coordination. HQ AFSPC/LGC will forward the recommendations to SAF/AQCX.

9-1
AFSPCFARS 6 January 1995

PART 5311 - ACQUISITION AND DISTRIBUTION OF COMMERCIAL PRODUCTS

TABLE OF CONTENTS

Title Paragraph Page

SUBPART 5311.70 - CONTRACTING FOR COMMERCIAL ITEMS

Requirements...........................5311.7004 11-1

Commercial warranty...................5311.7004-9500 11-1

11-i

AFSPCFARS 6 January 1995 5311.7004-9500

5311 - ACQUISITION AND DISTRIBUTION OF COMMERCIAL PRODUCTS

5311.70 CONTRACTING FOR COMMERCIAL ITEMS

5311.7004 Requirements.

5311.7004-9500 Commercial Warranty.

AFSPC contracting activities will include the clause at 5352.211-9500 "Commercial Warranty" in all solicitations and contracts for commercial items when commercial warranties are anticipated.

11-1
AFSPCFARS 6 January 1995

PART 5312 - CONTRACT DELIVERY OR PERFORMANCE

TABLE OF CONTENTS

Title Paragraph Page

SUBPART 5312.2 - LIQUIDATED DAMAGES

Policy.................................5312.202 12-1

SUBPART 5312.3 - PRIORITIES AND ALLOCATIONS

Procedures.............................5312.303 12-2

12-i

AFSPCFARS 6 January 1995 5312.202

SUBPART 5312.2 LIQUIDATED DAMAGES

5312.202 Policy.

(e)(Added) Procedures for using Liquidated Damages-Construction clause, FAR 52.212-5 and Liquidated Damages-Supplies, Services, or Research and Development clause, FAR 52.212-4 whenever either clause is used in an indefinite delivery type contract or in a contract having multiple completion dates for differing "phases" of performance.

(1) Wherever the Liquidated Damages clause is used, and the work may vary substantially from one project, task, work order or phase to the next, there is the problem of establishing a single figure for the amount to be inserted in the blank in the liquidated damages clause. The approach of stating that the liquidated damages amount will be indicated on each order, when placed, is not satisfactory since it either implies that the contractor will have some involvement in setting the figure or it gives the offeror or contractor no basis for anticipating the likely costs of delays. This approach will no longer be used.

(2) The clause blank must be completed with either a single amount, a formula, or a narrative that describes the contracting officer's basis for determining the amount. One acceptable approach for indefinite delivery and task order contracts is to state that the amount applicable to each order will be provided to the contractor at the time the contractor's proposal is requested, based on the contracting officer's determination of delay costs applicable to the work, taken from a prepared listing of costs of delayed completion, including inspection, contract administration, alternate utilization costs, etc., prepared for each contract. This listing would be comprehensive, including the daily rate for any and all predictable damages to the Government resulting from delayed completion, and could only be modified later by mutual agreement. The listing would be provided in full text in the solicitation/contract and be located in Section F, or listed in Section J, as appropriate for each type of contract.

(3) Another acceptable approach would be to state a formula basis for determining the amount applicable to each type of order or phase of the work. This might be easier where the preponderance of delay costs are unchanging, but where some miscellaneous costs do change from work to work. In this approach the formula would be inserted in the clause blank or, if extensive, could be separate and referenced in the blank.

12-1

5312.303 AFSPCFARS 6 January 1995

(4) Whatever approach is used, the offeror/contractor must know what the "universe" of costs are, have some reasonable basis for determining the magnitude of those costs, and be given an actual liquidated damages figure before he commits to a price and delivery schedule. Any approach that accomplishes these three things should be acceptable.

5312.3 PRIORITIES AND ALLOCATIONS.

5312.303 Procedures.

(d) When difficulty is experienced in obtaining delivery of items by required dates and special priority assistance is considered necessary and justified in accordance with AFM 78-4, Section 7-1, request assistance on Form ITA 999, Request for Special Priorities Assistance. Send the completed Form ITA 999 in four copies to HQ AFSPC/LGCP.

12-2
AFSPCFARS 6 January 1995

PART 5313 - SMALL PURCHASES AND OTHER SIMPLIFIED PURCHASE PROCEDURES

TABLE OF CONTENTS

Title Paragraph Page

SUBPART 5313.91 - SMALL PURCHASE PROCEDURES FOR MAINTENANCE AND CONSTRUCTION SERVICES

Scope of subpart.......................5313.9100 13-1

SUBPART 5313.95 - AFSPC PROCEDURES FOR THE INTERNATIONAL MERCHANT PURCHASE AUTHORIZATION CARD (IMPAC)

Air Force Space Command Procedures
for the International Merchant
Purchase Authorization Card (IMPAC) .. 5313.9500 13-1

13-i

AFSPCFARS 6 January 1995 5313.9500

5313.91 SMALL PURCHASE PROCEDURES FOR MAINTENANCE AND CONSTRUCTION SERVICES.

5313.9100 Scope of subpart. 21 CONS (including Det 1), 750 LSS/LGC, 50 LSS/LGC, 30 CONS, 45 CONS and 90 CONS, and 341 CONS shall establish contract repair procedures to clearly define the responsibilities of equipment custodians as well as contracting, supply, and comptroller personnel. Furnish a copy of established procedures to HQ AFSPC/LGCP.

5313.95 AFSPC PROCEDURES FOR THE INTERNATIONAL MERCHANT PURCHASE AUTHORIZATION CARD (IMPAC).

5313.9500 Air Force Space Command Procedures for the International Merchant Purchase Authorization Card (IMPAC).

(a) INTRODUCTION AND PURPOSE:

(1) These procedures contain definitions, instructions and requirements for requesting and using the IMPAC as an authorized form of purchase for purchases made by:

(i) AFSPC contracting offices.

(ii) Base, wing, and headquarters activities.

(iii) Tenant activities obtaining local purchase support
from AFSPC contracting offices listed in b.(3).

(2) These procedures are in addition to, and to be used in conjunction with, the guidance in AFM 67-1, Volume II, Part Two, Chapter 21, Section AB; AFR 177-102, Paragraph 21-74; and, the May 16, 1991 "United States Air Force Internal Procedures for Using the International Merchant Purchase Authorization Card (IMPAC)" (USAF IMPAC Procedures.)

(3) These procedures are issued by HQ AFSPC/LGC with the cooperation and concurrence of HQ AFSPC/FMF and HQ AFSPC/LG, and are referred to as the AFSPC IMPAC Procedures.

(b) Definitions:

(1) The Head of Contracting Activity for this program is the HQ AFSPC, Chief, Contracting Division (or Assistant Chief, Contracting Division). The authorities and specific limitations of cardholders are set forth in paragraph e.

(2) The AFSPC IMPAC Project Director is the HQ Air Force Space Command, Chief, Policy/Clearance Branch (AFSPC/LGCP), or his designee.

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5313.9500 AFSPCFARS 6 January 1995

(3) IMPAC Project Managers are authorized only for the following AFSPC servicing contracting offices (SCOs). Each IMPAC Project Manager will notify the IMPAC Project Director of their appointment.

(i) 21st CONS/LGC.

(ii) 30th CONS/LGC.

(iii) 45th CONS/PK

(iv) 50th LSS/LGC

(v) 90th CONS/LGC

(vi) 341st CONS/LGC

(vii) 750th LSS/LGC

(c) USE OF THE IMPAC:

(1) When the IMPAC is used in a deployment situation, the cardholder will coordinate with the deployed representatives of the chief of supply, audiovisual manager, environmental engineer, CE material control and RPIE, and the communications-computer systems requirements board, before purchasing items controlled by them.

(2) When using the IMPAC card in a foreign country, ensure that the transaction is recorded in the purchase log in both the local currency and the U.S. dollar equivalent at the exchange rate then in effect. RMBCS will automatically convert the local currency to dollars for billing, but it is possible for a dispute to arise over the proper exchange rate. [This procedure is to be used for deployments only. Routine overseas use, while not prohibited under the Federal Supply Schedule contract with RMBCS, is not contemplated by these AFSPC procedures. AFSPC contracting offices in overseas locations should contact the AFSPC IMPAC Project Director for advice.]

(d) SETTING UP THE IMPAC ACCOUNT:

(1) In general, the accounting and finance office should not forward, and the Project Manager should not accept applications for cardholder appointment that indicate a monthly office limit less than $250. Below this level, it will be hard to justify the SCO's effort to train and monitor the cardholder, and the user's, approving official's and finance office's time involved in servicing the IMPAC account. Similarly, Project Managers should consider the monthly cardholder limit when reviewing applications for additional cardholders for any office. This limit should be $100 or more.

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AFSPCFARS 6 January 1995 5313.9500

(2) SCOs that choose to use the IMPAC for in-office commodity and service purchasing will need to arrange payment procedures for this purpose. Each IMPAC purchase will be assigned a purchase/delivery order number that will be manually entered on the cardholder's log and monthly statement and noted on the approving official's monthly summary statement. The purchase/delivery order folder will contain the buyer's abstract, signed and dated by the cardholder, unless a DD 1155 is issued pursuant to paragraph 11.C. of the USAF IMPAC Procedures. NOTE: Stock Fund purchases are not to be made using the IMPAC.

(e) DELEGATION OF AUTHORITY: The HQ AFSPC, Chief, Contracting Division, by authority of the Commander's delegation of contracting authority, delegates IMPAC purchase authority as follows:

(1) The chief of the SCOs identified in paragraph b.3. may approve the processing of applications for IMPAC accounts and determine the single purchase limit for each cardholder, subject to the policies, procedures, and limitation contained in AFM 67-1,
AFR 177-102, the USAF IMPAC Procedures, and these AFSPC IMPAC Procedures. The SCO chief shall issue each cardholder, including cardholders assigned to SCOs, a delegation letter, essentially the same as USAF IMPAC Procedures, Exhibit 1, describing the limitations that govern their authorized use of the IMPAC.

(2) If any IMPAC cardholder is authorized a single purchase limit in excess of 10% of the small purchase limit (i.e., over $2500 at the time of distribution of these procedures), their IMPAC Project Manager shall, in cooperation with their servicing Accounting and Finance Office (AFO), perform a cost/benefit analysis proving that IMPAC is cost-effective for such purchases. This analysis shall be performed at least annually.

(3) The authorities granted to the SCOs are without authority for further delegation.

(4) Request for waiver of any portion of these procedures will be submitted through the SCO's Project Manager to the Project Director.

(f) TRAINING REQUIREMENTS: Cardholders who have not completed Defense Small Purchases or Management of Defense Acquisition Contracts (MDAC) (Basic) shall receive a minimum of eight hours of training as described in the USAF IMPAC Procedures. Orientation and training must precede the cardholder's receipt of the IMPAC. Cardholders who have completed Defense Small Purchases or MDAC (Basic) or another equivalent course listed in DoD 5000.52M, shall receive a minimum of 2 hours review of the subjects listed in the USAF IMPAC Procedures. Review shall precede use of the IMPAC. The IMPAC Project Manager is responsible for developing and conducting
the cardholder orientation and training. IMPAC Project Managers will

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5313.9500 AFSPCFARS 6 January 1995

provide a copy of their training outlines to the IMPAC Project Director (AFSPC/LGCP), for purposes of sharing them with other IMPAC SCOs.

(g) DOLLAR LIMITS ASSOCIATED WITH THE IMPAC: When adding additional cardholders to an office account, be certain that the monthly office limit is equal to the sum of all the monthly cardholder limits for the office and that the monthly office limit is reflected in the quarterly AF Form 616 submission.

(h) AUTHORIZED USE OF THE IMPAC: Only O&M funds may be used to pay for IMPAC purchases. Purchase requirements that are properly chargeable to other accounts, (e.g., stock funds) should not be acquired by use of the IMPAC.

(i) NONAUTHORIZED USE OF THE IMPAC: [Reserved]

(j) ACQUISITION PROCEDURES FOR USE WHEN PAYING WITH THE IMPAC: Cardholders making purchases of less than 10% of the FAR small purchases limit will maintain a record of their efforts to reasonably distribute their purchases among locally available vendors for the products purchased. Cardholders who are not assigned to an SCO will not rely on price lists to make IMPAC purchases, but will obtain price and availability information by phone or in person.

(k) DOCUMENTATION, RECONCILIATION AND PAYMENT PROCEDURES: When the cardholder is unavailable, as when deployed, TDY, or on leave, the cardholder's supervisor will ensure that the monthly statement is immediately sent to the approving official with a statement of the circumstances of the cardholder's absence. DO NOT HOLD UP PROCESSING OF MONTHLY STATEMENTS BECAUSE OF CARDHOLDER ABSENCE. When the cardholder is deployed, and communications permit the timely exchange of information between the cardholder and approving official, the approving official should obtain cardholder reconciliation of the statement before processing for payment.

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AFSPCFARS 6 January 1995

PART 5314 - SEALED BIDDING

TABLE OF CONTENTS

Title Paragraph Page

SUBPART 5314.2 - SOLICITATION OF BIDS

General rules for solicitation of
bids...................................5314.202 14-1
Final review of invitations for bids...5314.202-6 14-1
Solicitation Review Board..............5314.202-9500 14-2
Amendment of invitation for bids.......5314.208 14-4

SUBPART 5314.4 - OPENING OF BIDS AND AWARD OF CONTRACT

Information to bidders.................5314.408 14-4
Award of unclassified contracts........5314.408-1 14-4

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AFSPCFARS 6 January 1995 5314.202-6

5314.2 SOLICITATION OF BIDS.

5314.202 General rules for solicitation of bids.

5314.202-6 Final review of invitations for bids.

(a) All invitations for bids (IFB) which will require contract clearance by HQ AFSPC/LGC will be provided to HQ AFSPC/LGCP for review. Submit the complete solicitation file (consisting of copies of all supporting documentation contained in the original file and two copies of the solicitation and attachments) for review and retention by HQ AFSPC/LGCP at least 7 full workdays before the proposed date of issuance. Each IFB review file will be neatly tabbed in accordance with AFSPC Form 33, Solicitation/Contract File Folder Index and will include AFSPCFARS Figure 1-H.

(c) HQ AFSPC/LGCP review comments will be provided to the Chief of the review committee (Chief of the contracting office for those activities without a review committee) by letter (comments will be Faxed to 30 CONS, 45 CONS, 90 CONS, 341 CONS, 750 LSS/LGC and 21 CONS, Det 1) within 7 workdays after receipt of the file. The buyer will respond to the review comments through their review committee (Chief of the contracting office for those activities without a review committee) and provide the reviewer a copy of the revision making the corrections. If the buyer disagrees with a comment and it cannot be resolved with the reviewer, justification for not complying with the comment must be provided by the buyer's supervisor. Solicitations will not be issued until all review comments are resolved with the HQ AFSPC/LGCP reviewer (verbally with written follow-up or in writing prior to release). Amended solicitations will be accomplished by incorporating revised pages to the solicitation, SOW or PWS. Indicate new, revised, or deleted material by a vertical line in the margin. Adequately mark each revised page in the upper right corner to indicate the amendment number (see DFARS 204.7004) and put the date of the amendment in the lower left hand corner of the revised page. Provide HQ AFSPC/LGCP two copies of the corrected IFB at the time of issuance. .

(e) Copies of all IFB amendments, including revised plans, drawings, specifications, and SOW changes, will be provided to the solicitation review committee(s) for review concurrent with distribution to prospective bidders.

(f) Each AFSPC contracting activity will develop written policy and procedures for internal IFB and IFB amendment reviews. Copies of each office's written policies and procedures will be provided to HQ AFSPC/LGCP within 2 weeks after their issuance or revision. The review comments, signed by the reviewer, will be included in the solicitation files submitted to HQ AFSPC/LGCP for review.

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5314.202-9500 AFSPCFARS 6 January 1995

5314.202-9500 Solicitation review board.

(1) Policy. Solicitation Review Boards (SRB) are convened to review invitations for bids (IFB) for certain major acquisitions before they are released to the public and industry. The SRB will ensure that reviewed IFBs are consistent with current acquisition policies and procedures, that the stated requirements lead to the desired objectives, and that the IFB provides the basis for a sound, workable contract.

(2) Requirements. SRBs will be convened for contracting actions requiring formal solicitation which are estimated to cost $1,000,000, or more, total acquisition value (initial requirements plus priced options).

(3) Procedures. The contracting officer will identify the action to the panel chairperson as the IFB nears the final typed draft stage and provide the chairperson a copy of the final draft IFB as soon as it is available. The contracting officer will schedule the SRB and invite members as follows: the contract specialist(s); the requirements manager; the program manager; the requiring activity representatives; the judge advocate; a HQ AFSPC/LGCP, 21 CONS,
30 CONS, 45 CONS or 50 LSS/LGC review committee member; 21 CONS,
30 CONS, 45 CONS or 50 LSS pricing member; and others as appropriate.

(4) Conduct. The SRB will review the IFB, purchase request(s), acquisition plan, ASP minutes, SOW contract data requirements list, specifications, exhibits and attachments. The evaluation will determine if the IFB:

(i) is consistent with program objectives.

(ii) states the requirements in a clear and concise way.

(iii) clearly states the basis for evaluation of offers.

(iv) requires offerors to submit only necessary information.

(v) otherwise provides the basis for a sound, workable contract. The chairperson will ensure that a written summary of the
panel's recommendations is provided to the contracting officer within 5 workdays after completion of the panel's evaluation.

(5) When a SRB is held for a sealed bid acquisition that will require contract clearance by HQ AFSPC/LGC submit the complete solicitation file (consisting of copies of all supporting

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AFSPCFARS 6 January 1995 5314.202-9500

documentation contained in the original file and two copies of the solicitation and attachments) to HQ AFSPC/LGCP for solicitation review and retention. Note: All technical reviews (e.g. SOW, PWS) will be completed prior to submittal to HQ AFSPC/LGCP. If the solicitation file is received at least 7 full workdays prior to the SRB, a committee member will review the file and provide comments for the panel. If the solicitation file is received less than 7 full workdays prior to the SRB, the file will be reviewed and comments provided within 7 workdays from date of receipt. Solicitations reviewed at the time of the panel will not require another review prior to release. See other procedures established at AFSPCFARS 14.202-6.

(6) Chairperson. The following authorities are assigned responsibility for chairing SRB:

(i) The Commander (21 CONS, 30 CONS, and 45 CONS) and the Flight Chief (50 LSS/LGC), (with authority to redelegate) will chair acquisitions between $1,000,000 and $10,000,000. The Commander (21 CONS, 30 CONS and 45 CONS) and the Flight Chief (50 LSS/LGC), (without authority to redelegate) will chair acquisitions over $10,000,000.

(ii) 90 CONS, 341 CONS, 73 MSSQ/PK and 750 LSS/LGC. Acquisitions between $1,000,000 and $3,000,000 will be chaired by the Chief of the office. Acquisitions exceeding $3,000,000 will be chaired by HQ AFSPC/LGC with authority to redelegate.

(7) Waiver.

(i) The Commander (21 CONS, 30 CONS and 45 CONS), the Flight Chief (50 LSS/LGC) and 73 MSSQ/PK have authority to waive SRBs within their Reviewing/Approving Authority (See Table 1, Part E - Other Contracting). Authority to waive SRBs above the levels in the table remains with HQ AFSPC/LGC.

(ii) Requests for waiver of SRB will be submitted in writing to the appropriate authority with adequate justification to support a waiver to this requirement. Waiver of the panel will not be requested or granted for expediency purposes alone. Requests
shall be submitted in sufficient time to allow a SRB to be scheduled and held without interfering with the procurement process if the waiver request is denied.

(8) Special Procedures. Since 21 CONS/Det 1 is remote, it is sometimes not possible to comply with the conduct requirements of this part. Whenever possible, the listed participants should be brought together for the evaluation/review panel. When not possible, the commander should make full use of the best available resources in conducting the required panel.

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5314.408-1 AFSPCFARS 6 January 1995

5314.208 Amendment of invitation for bids.

(d)(Added) Solicitations issued after the effective date of a FAR, DFARS, or AFFARS change will incorporate any new or updated clauses or provisions into the solicitation.

(1) If the change states "effective upon receipt", contracting officers will indicate when the change was received and take appropriate action as indicated in paragraph (d) above.

(2) In the event that the change is received after issuance of the solicitation, yet the "effective date" of the change precedes the issuance date of the solicitation, it will be necessary to amend the solicitation.

(3) The business/contract clearance approving authority will ensure changes are accomplished as part of the clearance process. The model contract submitted with the clearance request must be an exact duplicate of the solicitation, incorporating all amendments.

(4) If the solicitation was issued after the "effective date" of the change, but was not amended, the resultant contract will be modified. The contractor may be entitled to an equitable adjustment, for consideration, because of the new requirements.

(e)(Added) Amendments to solicitations shall be accomplished as referenced in AFSPCFARS 5301.9008(b)(3)(i)(Added) and 5314.202-6(c).

5314.4 OPENING OF BIDS AND AWARD OF CONTRACT.

5314.408 Information to bidders.

5314.408-1 Award of unclassified contracts.

(a)(1) Use AFSPC Form 52, Contract Award Information, or a letter containing similar information, to notify unsuccessful bidders. Do not send notices until contracts have received the appropriate clearance and award has been communicated to the successful bidder.

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AFSPCFARS 6 January 1995

PART 5315 - CONTRACTING BY NEGOTIATION

TABLE OF CONTENTS

Title Paragraph Page

SUBPART 5315.4 - SOLICITATION AND RECEIPT OF PROPOSALS AND
QUOTATIONS

Presolicitation notices and
conferences............................5315.404 15-1
Preparing requests for proposals
(RFPs) and requests for quotations
(RFQs).................................5315.406 15-1
Part I - The Schedule..................5315.406-2 15-1
Issuing Solicitations..................5315.408 15-2
Request for proposal review............5315.408-9500 15-5
Amendment of Solicitation
before closing date....................5315.410 15-6

SUBPART 5315.5 - UNSOLICITED PROPOSALS

Agency procedures......................5315.506-9500 15-6

SUBPART 5315.6 - SOURCE SELECTION

Responsibilities.......................5315.604 15-9

Disclosure of mistakes before award....5315.607 15-10

Best and final offers..................5315.611 15-10

SUBPART 5315.8 - PRICE NEGOTIATION

Cost and pricing data..................5315.804 15-10
Submission of certified cost or
pricing data...........................5315.804-6 15-10
Proposal analysis......................5315.805 15-11
Technical analysis.....................5315.805-4 15-11
Negotiation objectives.................5315.807 15-11
Price negotiation memorandum...........5315.808 15-11
Follow-up on contract audit reports....5315.891 15-11
Responsibilities.......................5315.891-3 15-11
Tracking of contract audit reports.....5315.891-4 15-12
Reporting of contract audit reports....5315.891-5 15-12
Resolution of contract audit reports...5315.891-6 15-12

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AFSPCFARS 6 January 1995 5315.406-2

5315.4 SOLICITATION AND RECEIPT OF PROPOSALS AND QUOTATIONS.

5315.404 Presolicitation notices and conferences.

5315.404(b)(2)(ii)

AFSPC competitively negotiated acquisitions estimated to exceed
$5 million (basic plus options) require potential contractors be offered one-on-one discussions with the requiring activity unless a written waiver is signed by the appropriate approving authority (See AFSPCFARS 5307.105(b)(1)). Contracting Officers will address the importance of one-on-one discussions with customers. They will cover ground rules for discussion to include but not be limited to: procurement integrity, non-release of source selection sensitive information, withholding judgment on specific contractor approaches, equal release of information, and documentation of meetings requirements. These one-on-one discussions should be conducted early in the acquisition process (Note: Refer to AFSPC Source Selection Guide for procedural guidelines). This requirement is optional below $5 million. After the draft RFP (or formal RFP if no draft is used) is issued, the Contracting Officer must participate in all discussions between potential offerors and requiring activities.

5315.404(c)(1)

Use of the Competition Advocate's Bulletin Board to invite one-on-one discussion is encouraged. The notice should advise potential prime contractors of the requirement to submit a written request for one-on-one discussions, indicating their intention to propose and specific issues to be addressed in the discussions.

5315.406 Preparing requests for proposals (RFPs) and requests
for quotations (RFQs).

5315.406-2 Part I - The Schedule.

(c) Section C - Description/specifications/work statement.

(1) Technical Direction.

AFSPC contracting activities may include the clause at 5352.215-9500 "Technical Direction" in solicitations and contracts when a cost-reimbursement service contract is anticipated and the
Contracting Officer determines that it may become necessary to provide specific details, guidance, or instruction to contractors that cannot be anticipated in the original Statement of Work. The

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5315.408(a) AFSPCFARS 6 January 1995

Contracting Officer will ensure that the Statement of Work contains a
concise definition of what constitutes Technical Direction. If the solicitation or contract contains FAR 52.232-22 "Limitation of Funds"
and 5352.232-9500 "Total Sum Allotted," the Contracting Officer shall use the clause with its Alternate I.

(2) Contractor's Technical Proposals.

Contractor technical proposals are responses to the Government's needs as stated in the Statement of Work. Whenever possible, these needs are stated functionally, in terms of desired outcomes, rather than in terms of work processes, methods, or manning. As a result, there should be few times when there is a need to incorporate technical proposals in resulting contracts, even where technical merit is the basis for award. However, when a technical proposal rates higher than "acceptable" based on technical aspects that promise a level of performance or service that is both higher than the Government reasonably expected and beneficial to mission accomplishment, it may be appropriate to incorporate specific, limited elements of that technical proposal in the contract. Such incorporation is to be on an exception basis and to the minimum extent necessary to capture the higher performance level. Elements of technical proposals which describe manner of performance will not be incorporated, nor will entire proposals. The Business Clearance Approval Authority (BCAA) will approve technical proposal incorporation on a case-by-case basis. In making this decision, the approving official will consider whether the technical proposal offers higher quality, superior service, or an increased level of performance.

(h) Section H - Special contract requirements.

(1) Advisory Assistance.

AFSPC contracting activities may include the clause at 5352.215-9503 "Advisory Assistance" in solicitation and contracts when the contracting officer considers it in the best interest of the Government.

5315.408 Issuing solicitations.

5315.408(a)

(1) Policy. Solicitation review boards (SRBs) are convened to review requests for proposal (RFP) for certain major acquisitions before they are released to the public and industry. The SRB will ensure that reviewed RFPs are consistent with current acquisition policies and procedures; that the stated requirements lead to the

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AFSPCFARS 6 January 1995 5315.408(a)

desired objectives; and that the solicitation provides the basis for a sound, workable contract.

(2) Requirements. SRBs will be convened for contracting actions requiring formal solicitation which are estimated to cost $1,000,000 total acquisition value (initial requirements plus priced options).

(3) Procedures. The contracting officer will identify the action to the panel chairperson as the RFP nears the final typed
draft stage and provide the chairperson a copy of the final draft RFP as soon as it is available. The contracting officer will schedule the SRB and invite members as follows: the contract specialist(s); the contracting officer; the requirements manager; the program manager; the requiring activity representatives; the judge advocate; a HQ AFSPC/LGC, 21 CONS, 30 CONS, 45 CONS or 50 LSS/LGC review committee member; a 21 CONS, 30 CONS, 45 CONS or 50 LSS/LGC pricing member; and others as appropriate.

(4) Conduct. The SRB will review the RFP, SOW, contract data requirements list, specifications, exhibits and attachments. The evaluation will determine if the RFP:

(i) Is consistent with program objectives.

(ii) States the requirements in a clear and concise way.

(iii) Clearly states the basis for evaluation of offers.

(iv) Requires offerors to submit only necessary information.

(v) Otherwise provides the basis for a sound, workable contract. The chairperson will ensure that a written summary of the panel's recommendation is provided to the contracting officer within 5 workdays after completion of the panel's evaluation.

(5) When a SRB is held for a negotiated acquisition that will require business/contract clearance by HQ AFSPC/LGC submit the complete solicitation file (consisting of copies of all supporting documentation contained in the original file and two copies of the solicitation and attachments) to HQ AFSPC/LGCP for solicitation review and retention. Note: All technical reviews (e.g. SOW, PWS)
will be completed prior to submittal to HQ AFSPC/LGCP. If the solicitation file is received at least 7 full workdays prior to the

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5315.408(a) AFSPCFARS 6 January 1995

SRB, a committee member will review the file and provide comments for the panel. If the solicitation file is received less than 7 full workdays prior to the SRB, the file will be reviewed and comments provided within 7 workdays from the date of receipt. Solicitations reviewed at the time of the panel will not require another review prior to release. Other procedures established at AFSPCFARS 5315.408-9500 will apply.

(6) Chairperson. The following authorities are assigned responsibility for chairing solicitation evaluation/review panels:

(i) The Commander (21 CONS, 30 CONS and 45 CONS), and Flight Chief (50 LSS/LGC), (with authority to redelegate) will chair
acquisitions between $1,000,000 and $10,000,000. The Commander
(21 CONS, 30 CONS and 45 CONS) and the Flight Chief (50 LSS/LGC), (without authority to redelegate) will chair acquisitions over $10,000,000.

(ii) 90 CONS, 341 CONS, 73 MSSQ/PK and 750 LSS/LGC, acquisitions between $1,000,000 and $3,000,000 will be chaired by the Chief of the office. Acquisitions exceeding $3,000,000 will be chaired by HQ AFSPC/LGC with authority to redelegate.

(7) Waiver.

(i) The Commander (21 CONS, 30 CONS and 45 CONS), the Flight Chief (50 LSS/LGC) and 73 MSSQ/PK have authority to waive SRBs within their reviewing/approving authority (See Table 1, Part E - Other Contracting). Authority to waive SRBs above the levels in the table remains with HQ AFSPC/LGC.

(ii) Requests for waiver of SRBs will be submitted in writing to the appropriate authority with adequate justification to support a waiver to this requirement. Waiver of the panel will not be requested or granted for expediency purposes alone. Requests shall be submitted in sufficient time to allow a SRB to be scheduled and held without interfering with the procurement process if the waiver request is denied.

(8) Special Procedures. Since 21 CONS/Det 1 is remote, it is sometimes not possible to comply with the conduct requirements of this part. Whenever possible, the listed participants should be brought together for the evaluation/review panel. When not possible,
the commander should make full use of the best available resources in conducting the required panel.

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AFSPCFARS 6 January 1995 5315.408-9500

5315.408-9500 Request for proposal review.

(a) All requests for proposals (RFPs) which will require business/contract clearance by HQ AFSPC/LGC will be provided to
HQ AFSPC/LGCP for review. Submit the complete solicitation file (consisting of copies of all supporting documentation contained in the original file and two copies of the solicitation and attachments) for review and retention at least 7 full workdays before the proposed date of issuance. Each RFP review file will be neatly tabbed in accordance with AFSPC Form 33, Solicitation/Contract File Folder Index.

(c) HQ AFSPC/LGCP review comments will be provided to the Chief of the review committee (chief of the contracting office for those activities without a review committee) by letter (comments will be faxed to 30 CONS, 45 CONS, 90 CONS, 341 CONS, 750 LSS/LGC and
21 CONS, Det 1) within 7 workdays after receipt of the file. The buyer will respond to the review comments through their review committee (chief of the contracting office for those activities without a review committee) and provide the reviewer a copy of the revision making the corrections. If the buyer disagrees with a comment and it cannot be resolved with the reviewer, justification for not complying with the comment must be provided by the buyer's supervisor. Solicitations will not be issued until all review comments are resolved with the
HQ AFSPC/LGCP reviewer (verbally with written follow-up or in writing) prior to release. Amended solicitations will be accomplished by incorporating revised pages to the solicitation, SOW or PWS. Indicate new, revised, or deleted material by a vertical line in the margin. Adequately mark each revised page in the upper right corner to indicate the amendment number (see DFARS 204.7004) and put the date of the amendment in the lower left hand corner of the revised page. Provide HQ AFSPC/LGCP two copies of the corrected IFB at the time of issuance.

(e) Copies of all RFP amendments, including revised plans, drawings, specifications, and SOW changes, will be provided to the solicitation review committee(s) for review concurrent with distribution to prospective offerors.

(f) Every AFSPC contracting activity will develop written policy and procedures for internal RFP and RFP amendment reviews. The
review comments, signed by the reviewer, will be included in files submitted for HQ AFSPC/LGCP review under this part. Copies of each office's written policies and procedures will be provided to
HQ AFSPC/LGCP within 2 weeks after their issuance or revision.

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5315.506-9500 AFSPCFARS 6 January 1995

5315.410 Amendment of solicitations before closing date.

(a)(1)(Added) Solicitations issued after the effective date of a FAR, DFARS, or AFFARS change will incorporate any new or updated clauses or provisions into the solicitation.

(i) If the change states "effective upon receipt", contracting officers will indicate when the change was received and take appropriate action as indicated in paragraph (a)(1) above.

(ii) In the event that the change is received after issuance of the solicitation, yet the "effective date" of the change precedes the issuance date of the solicitation, it will be necessary to amend the solicitation.

(iii) The business/contract clearance approving authority will ensure changes are accomplished as part of the clearance process. The model contract submitted with the clearance request must be an exact duplicate of the solicitation, incorporating all amendments.

(iv) If the solicitation was issued after the "effective date" of the change, but was not amended, the resultant contract will be modified. The contractor may be entitled to an equitable adjustment, for consideration, because of the new requirements.

(a)(2)(Added) Amendments to solicitations shall be accomplished as referenced in AFSPCFARS 5301.9008(b)(3)(i)(Added) and 5315.408-9500.

5315.5 UNSOLICITED PROPOSALS.

5315.506-9500 Agency procedures.

(a) Responsibilities.

(1) The chief of each AFSPC contracting office will appoint an unsolicited proposal monitor (UPM) who is responsible for:

(i) Receiving unsolicited proposals (UPs) intended for evaluation and implementation by customers of that contracting office, and forwarding the proposals, for evaluation, to the offices having primary interest in the subject matter of the proposal.

(ii) Referring UPs to other AFSPC or outside agency offices when the subject matter is not an interest of the contracting office's customers.

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AFSPCFARS 6 January 1995 5315.506-9500

(iii) Either briefing or provide written notification to the Technical Evaluator of their responsibilities for handling and safeguarding the unsolicited proposal IAW AFSPCFARS 5315.506-9500(d).

(2) The UPM will maintain a log containing at least the following data:

(i) Who submitted the proposal.

(ii) The title and a brief description of the proposal.

(iii) The date of the proposal and the date it was received for processing.

(iv) The number of copies received and reproduced.

(v) The offices evaluating the proposal.

(vi) The date the proposal is sent for evaluation and the date evaluation is to be completed.

(vii) The decision to accept, reject, transfer to another agency, or request additional data.

(viii) The date the decision is provided to the submitter.

(3) Other AFSPC personnel are responsible for evaluating UPs forwarded for evaluation from their servicing AFSPC contracting office.

(b) Submission and Receipt of unsolicited proposals.

(1) Receipt. The UPMs appointed under 5315.506-9500(a) are designated as the "contact points" to coordinate the receipt and handling of UPs.

(2) Submission.

(i) Unsolicited proposals being submitted for United States Space Command, North American Aerospace Defense Command, Air Force Technical Applications Center, or Air Force Space and Missile Center implementation at AFSPC locations should not be submitted directly to Air Force Space Command offices. However, to obtain the best evaluation possible, UPs should indicate the primary AFSPC offices that would be interested in the proposal subject matter.

(ii) UPs intended for AFSPC implementation should be submitted to the servicing AFSPC contracting office for processing.

15-7
5315.506-9500 AFSPCFARS 6 January 1995

(iii) When UPs are submitted to AFSPC offices, other than contracting offices, forward all copies of the UP to the servicing contracting office; "Attn: Unsolicited Proposal Monitor". Indicate which AFSPC office can best evaluate the proposal. Personnel assigned to HQ AFSPC will forward UPs to 21 CONS.

(3) Tenant activities including unified or major commands and divisions of Air Force major commands process UPs according to the procedures of their command. If AFSPC contracting office processing (of UPs) is provided for by support agreement, forward the proposal as above.

(c) Evaluating Unsolicited Proposals. AFSPC personnel receiving UPs for evaluation will:

(1) Acknowledge receipt from the UPM and indicate whether the initial suspense can be met.

(2) Advise the UPM if a different or an additional AFSPC office is best able to judge the merit of the proposal.

(3) Screen the UP for validity, using the FAR 15.503 criteria.

(4) Evaluate the technical merits of the proposal, applying the criteria in FAR 15.506-2.

(5) Safeguard the proposal ensuring that proprietary data are used only for evaluation and not otherwise disclosed.

(6) Report the results of the screening and evaluation to the UPM, along with any requests for additional information and any comments. If the proposal is not recommended for adoption, but may be of interest to another agency, include the contact point and address for that agency.

(7) In exceptional cases, and with consent of the UPM, contact the submitter directly for clarification or additional data needed to evaluate the proposal.

(d) Handling and Safeguarding of Unsolicited Proposals.

(1) Personnel receiving, monitoring, and evaluating UPs are responsible for ensuring that information in the proposals is not
disclosed to persons not directly involved in evaluation of the proposal.

15-8
AFSPCFARS 6 January 1995 5315.604(c)

(2) Personnel who receive UPs directly from the submitters, or from other agencies, must take note of the number of copies
received and who else has seen the proposal. Send all copies of the UP to the UPM, do not retain or make a copy, and advise the UPM of the persons having access to the proposal.

(3) The office having responsibility for proposal evaluation must keep a record of the personnel reviewing the proposal and submit that record to the UPM with the evaluation results. Do not make additional copies of the UP without the consent of the UPM. Evaluation personnel must leave the cover sheet on the UP while it is in their possession and protect the UP the same as "For Official Use Only" and "Source Selection Sensitive" information.

(4) Contact the UPM if evaluation by outside, non- government, personnel is necessary.

(e) Disposition of Unsolicited Proposals.

(1) UPs receiving a favorable evaluation and a recommendation to accept for negotiation of a contract are transferred by the UPM to the appropriate contracting officer, including all copies and the record of who has had access to the proposal, and the log is kept open to record the contract data.

(2) UPs receiving unfavorable evaluations or not recommended for acceptance for contract negotiation are returned to the UPM, including all copies and the record of who has had access to the proposal. The UPM disposes of the proposal in accordance with
AFR 4-20, Vol II, Table 70-4, Rule 12, unless another rule applies to the individual circumstances, and the log is closed.

5315.6 SOURCE SELECTION.

5315.604 Responsibilities.

5315.604(c) Restrictions on Contacts.

(5)(Added) AFSPC contracting activities may include the provision at 5352.215-9501 "Restrictions on Contacts" in solicitations when a source selection is anticipated. Inclusion of this provision satisfies the requirement of AFFARS Appendix AA, para AA-208 and AFR 70-30/AFFARS Appendix BB, para 16 but does not preclude the Contracting Officer from issuing a separate notice.

15-9
5315.804-6(a)(1) AFSPCFARS 6 January 1995

5315.607 Disclosure of mistakes before award.

5315.607(c)(3) Disclosure of mistakes before award.

The authority to make the determination required by FAR 15.607(c)(3) is delegated to the chief of the contracting office for all AFSPC contracting activities.

5315.611 Best and final offers.

(c)(i)(A) On source selections, there is a dual approval for second round of best and final offers (BAFO) by the Head of the Contracting Activity (HCA) and Source Selection Authority (SSA). Authority has been delegated to HQ AFSPC/LGC and the SSA for contracting actions that fall under AFSPC FAR.D 70-30.

(c)(i)(B) For all other competitive negotiated acquisitions, requests for second or subsequent best and final offer will be approved by the Chief of the contracting office and must contain a clear explanation of the situation, and why the second best and final offer is necessary. The contract file may or may not be required depending of the contracting office procedures. This policy also applies to ordinary price competitions if there are discussions.

(c)(ii) Each AFSPC contracting office which handles competitive negotiated acquisitions will establish necessary administrative procedures to obtain, record, and report the approval of multiple best and final offers. These statistics will be collected for all negotiated contracts over $25,000. They will be reported annually (due 10 days after the end of the fiscal year) to HQ AFSPC/LGCM. The report must contain the information required by DFARS 215.611 (c)(iii)(C). Negative reports are required.

5315.8 PRICE NEGOTIATION.

5315.804. Cost or pricing data.

5315.804-6 Submission of data.

5315.804-6(a)(1) Submission of Certified Cost or Pricing Data.

AFSPC contracting activities will include the clause at 5352.215-9502 "Submission of Certified Cost or Pricing Data" in solicitations issued under source selection procedures when the Contracting Officer expects the existence of adequate price competition.

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AFSPCFARS 6 January 1995 5315.891-3

5315.805 Proposal analysis.

5315.805-4 Technical analysis.

5315.805-9500(Added) Contracting officers will coordinate requests for technical evaluation with the price analyst, (for offices with price analyst assigned), incorporating any changes prior to releasing the request. A copy of the request will be provided to the price analyst at time of release.

5315.807 Prenegotiation objectives.

(d)(Added) Before entering into negotiations, the contracting officers will brief their pre-negotiation position to their supervisor on any negotiated action that does not require business clearance when the objective position varies substantially from the audit recommendation. This briefing will be supported by documentation signed by the supervisor indicating the position briefed and the date of the briefing.

5315.808 Price negotiation memorandum.

(a) A price negotiation memorandum (PNM) in the format described in Armed Services Pricing Manual (ASPM), Section 8.8, (also see AFP 70-6, Pricing for Air Force Operational Contracting, for pricing guidance and PNM documentation), is required following the end of a negotiation resulting in agreement on price or cost. All PNMs shall address the relevant topics in the section and order as set forth on the AFSPC Form 25, Price Negotiation Memorandum Checklist. Local reproduction of AFSPC Form 25 is authorized.

(i) For competitive negotiated acquisitions a proposal analysis report (PAR) may substitute for the PNM, if it addresses all of the applicable factors the PNM must.

(c)(Added) Whenever pricing assistance has been requested on a negotiation, the PCO will provide copies of the completed PNM to the price analyst immediately following award. If both Defense Contract Audit Agency (DCAA) and Defense Contract Management Command (DCMC) assistance was requested, three copies of the PNM will be provided to the price analyst. If either DCAA or DCMC assistance, but not both, was requested, two copies of the PNM will be provided. If neither DCAA nor DCMC assistance was requested, only one copy of the PNM will be provided. The price analyst will distribute the PNM to DCAA and DCMC as required.

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5315.891-6 AFSPCFARS 6 January 1995

5315.891 Follow-up on Contract Audit Reports.

5315.891-3 Responsibilities.

(b)(1) Each contracting activity will develop a system to ensure the timely and appropriate resolution and disposition of audit reports. Unresolved reports over six months old require special management emphasis.

(5) The performance appraisal of the chief of each contracting office will reflect their effectiveness in resolving and disposing of audit findings and recommendations in a timely manner while fully protecting the Government's interest.

5315.891-4 Tracking of contract audit reports.

(b) Each contracting activity will appoint a Contract Audit Follow-up (CAF) focal point, who will maintain a register of all reportable audits in accordance with AFFARS 5315.891-5(b). A copy of each reportable audit will be forwarded to the CAF focal point. Within 10 workdays of receipt, the contracting officer will list the projected dates set forth in AFFARS 5315.891, illustration 1, and forward the information to the CAF. This status report will be updated by the contracting officer quarterly thereafter on the first workday of February, May, August and November.

5315.891-5 Reporting of contract audit reports.

(d) Reports from each contracting activity will be forwarded to HQ AFSPC/LGCP no later than 31 Mar and 30 Sep of each year to be consolidated and then reported to SAF/AQCP.

(e) The report should include explanations for those actions where there is a significant variance between the costs questioned and the costs sustained. Each report should be reviewed against the previous report to ensure that recently closed reports are listed and that the information provided is accurate.

5315.891-6 Resolution of contract audit reports.

(b) See AFSPCFARS 5315.807(d) for briefing requirements.

15-12
AFSPCFARS 6 January 1995

PART 5316 - TYPES OF CONTRACTS

TABLE OF CONTENTS

Title Paragraph Page

SUBPART 5316.4 - INCENTIVE CONTRACTS

Award-Fee type contracts...............5316.404-9500 16-1
Fee....................................5316.404-9501 16-1
Evaluation.............................5316.404-9502 16-1
Award Fee Plan.........................5316.404-9503 16-2

16-i

AFSPCFARS 6 January 1995 5316.404-9502

5316.4 INCENTIVE CONTRACTS

5316.404-9500 Award-fee type contracts.

5316.404-9501 Fee.

(1) Contracts with an award fee will not be issued until sufficient funds to cover the entire year of the award fee have been certified and administratively reserved on an Air Force Form 9 by the finance officer. Refer to AFR 170-13 on award fee commitments for all contract types. Award fees will be funded, fully, at the beginning of each contract option period.

(2) Unearned award fee will not be carried forward for possible award in subsequent evaluation periods or for incentive fee purposes.

5316.404-9502 Evaluation.

(1) The Fee Determining Official (FDO) will be an individual at a senior level, normally no lower than Director or wing commander level for systems requirements, Installation or group level commander for base contracts.

(2) The Acquisition Strategy Panel (ASP) should recommend the FDO and the Award Review Board (ARB) chairperson. Approval of the ASP recommendations, via acquisition plan, will constitute approval of these positions.

(3) The FDO will approve the membership of the ARB. It will be chaired by the Program Manager (PM), or a senior member of the using activity. Voting members will include the Contracting Officer (CO) and representatives of the major functional areas served by the contract. On major contracts, representatives from the command headquarters staff may be included. A representative from the supporting legal office should be an advisor.

(4) The duties of the ARB:

(i) Propose timely modifications to the award fee plan as needed throughout the period of contract performance.

(ii) Monitor contractor progress during the evaluation periods.

(iii) Obtain contractor data and briefings as required.

(iv) Evaluate contractor performance.

16-1
5316.404-9503 AFSPCFARS 6 January 1995

(v) Recommend an appropriate amount of award fee if requested by the FDO.

(5) The minutes of the ARB and a copy of the FDO's decision will be a part of the official contract file.

5316.404-9503 Award fee plan.

(1) The award fee plan should be available for review by the Solicitation Review Board. The award fee plan, except for the total dollars available in each period, is part of the Request for Proposal (Section B). The completed award fee plan is a part of the contract. The award fee plan and any changes, prior to award, must be coordinated through the CO, the legal advisor, the business or contract clearance authority, then approved by the FDO. Any unilateral modifications or substantive revisions to the plan and any items to receive special consideration will be given to the contractor by the contracting officer before the evaluation period begins.

(2) The award fee plan will, as a minimum, cover the following:

(i) Identify the FDO.

(ii) Identify the ARB members and their area of expertise.

(iii) The contracting officer will always be a voting member of the ARB.

(iv) The evaluation criteria against which the contrac- tor's performance will be measured. Criteria will include a definitive statement for each level of performance being used and the range of scores assigned to each level.

(v) The evaluation period and the respective amounts of fee available for award.

(vi) The general procedures the ARB will follow (including use of interim evaluation results) to assess the contractor's performance to arrive at a recommended award fee.

(vii) Identify the data to be used in the evaluation (for example, specific contract data requirements list (CDRL) items).

(viii) Planned weighting factors for the initial award fee period.

16-2
AFSPCFARS 6 January 1995 5316.404-9503

(3) The award fee monitor(s) will become familiar with the award fee plan, performance evaluation report criteria forms and contractor performance evaluation report formats. This will ensure that the award fee procedures used to evaluate contractor performance follow established policy.

(4) Normally within 30 calendar days after each evaluation period, the FDO will advise the contractor and the contracting officer in writing of the fee awarded and provide a summary of the contractor's strong and weak points for the performance period. The contracting officer will unilaterally modify the contract normally within 15 calendar days of this notification to authorize payment of any fee awarded by the FDO. The FDO will send a formal performance evaluation letter to the contractor.

16-3
AFSPCFARS 6 January 1995

PART 5317 - SPECIAL CONTRACTING METHODS

TABLE OF CONTENTS

Title Paragraph Page

SUBPART 5317.74 - UNDEFINITIZED CONTRACT ACTIONS

Policy.................................5317.7403 17-1
Limitations............................5317.7404-1 17-1
Limitations on Expenditures............5317.7404-4 17-1
Reporting undefinitized contract
actions................................5317.7404-90 17-2

SUBPART 5317.93 - ASSOCIATE CONTRACTOR AGREEMENTS

Scope..................................5317.9300 17-2
Definition.............................5317.9301 17-2
Applicability..........................5317.9302 17-2
Procedures.............................5317.9303 17-2

17-i

AFSPCFARS 6 January 1995 5317.7404-4

5317.74 UNDEFINITIZED CONTRACTUAL ACTIONS.

5317.7403 Policy.

(a)(Added) General. All grants of authority and approvals under this section will be considered on the basis of a determination and finding (D&F) signed and submitted by the contracting officer to the appropriate review/approval authority (AFSPCFARS 5317.7404-1(1)(iii). Actions above the local reviewing/approving authority will be coordinated with the Wing/Group Commander or Directorate of the requiring activity before submission to HQ AFSPC/LGCP for coordination and approval processing.

5317.7404-1 (1)(iii) Limitations.

(a) Determinations and Findings (D&F) for letter contracts, undefinitized orders against BOAs, change orders and undefinitized supplemental agreements when the work to be performed is not clearly within the scope of work already contracted for are subject to approval, based on dollar level, as follows:

1 In excess of the small purchase limitation up to $100,000, this authority shall be the Wing Commander, except 73 MSSQ where the authority shall be the 73rd Group Commander.

2 Between $100,000 and $1,000,000, the HQ AFSPC/LGC.

3 In excess of $1,000,000, approval request to be submitted through HQ AFSPC/LGC to the Vice Commander (CV) for approval.

(b) Determination and Findings on all other undefinitized actions, including change orders and undefinitized supplemental agreements, when the work is within the scope of the contract work requests or work orders are subject to approval, based on dollar level as follows:

1 In excess of the small purchase limitation to $500,000, one level above the contracting officer.

2 From $500,000 to $1,000,000, the Chief of the contracting office.

3 In excess of $1,000,000, HQ AFSPC/LGC.

5317.7404-4 Limitations on expenditures. The HQ AFSPC/LGC is the approval authority for all exceptions.

17-1
5317.9303 AFSPCFARS 6 January 1995

5317.93 (Added) ASSOCIATE CONTRACTOR AGREEMENTS.

5317.9300 (Added) Scope.

This subpart prescribes policy and procedures for the use of associate contractor agreements.

5317.9301 (Added) Definition.

"Associate Contractor Agreements" (ACAs) are agreements between contractors working on government contract projects that specify requirements for them to share information, data, technical knowledge, expertise, or resources.

5317.9302 (Added) Applicability.

(a) Prime contractor/subcontractor relationships do not constitute ACAs, and are not subject to this section's requirements.

(b) Use ACAs when contractors working on government contracts must cooperate, share resources or otherwise jointly participate in working on contracts or projects.

5317.9303 (Added) Procedures.

The special contract requirement (SCR) shall be tailored to the specific requirements of the individual contracting situation. As a general rule, the SCR should:

(a) Identify the parties and their relationships;

(b) Identify the program involved and the relevant government contracts information of the parties;

(c) Describe contractor interfaces by general subject matter;

(d) Specify categories of information to be exchanged or support to be provided;

(e) State that if there is a conflict between the relevant government contract(s) and the agreement, the contract(s) govern; and

(f) Have an agreement to protect proprietary data.

17-2
AFSPCFARS 6 January 1995

PART 5319 - SMALL BUSINESS AND SMALL DISADVANTAGED
BUSINESS CONCERNS

TABLE OF CONTENTS

Title Paragraph Page

SUBPART 5319.2 - POLICIES

General policy.........................5319.201 19-1

SUBPART 5319.5 - SET-ASIDES FOR SMALL BUSINESS

General................................5319.501 19-2
Rejecting Small Business Administration
recommendations........................5319.505 19-2

SUBPART 5319.7 - SUBCONTRACTING WITH SMALL BUSINESS AND SMALL
DISADVANTAGE BUSINESS CONCERNS

Responsibilities of the contracting
officer under the Subcontracting
Assistance Program.....................5319.705 19-2
Determining the need for a Subcon-
tracting Plan..........................5319.705-2 19-2
Reviewing the Subcontracting Plan......5319.705-4 19-3

SUBPART 5319.8 - CONTRACTING WITH THE SMALL BUSINESS ADMINISTRATION
(THE 8(a) PROGRAM)

Selecting acquisitions for the 8(a)
program................................5319.803 19-3
SBA appeals............................5319.810 19-4

19-i

AFSPCFARS 6 January 1995 5319.201

5319.2 POLICIES.

5319.201 General policy.

(d)(1) Coordinate the appointment of the primary Deputy for Small Business with HQ AFSPC/LGCM, Associate Director for Small Business. The Associate Director will provide a blank certificate of appointment for completion. After signature by the appointing authority, forward the certificate and four 3x5 index cards to the associate director, who will forward the certificate and cards to SAF/SB. Provide the following information on each index card:

State:
Name:
Title:
Mailing Address:
Telephone (commercial and DSN):
Grade:
Command:
Percentage of time spent on Small Business:

(2) An alternate Deputy for Small Business shall be appointed to perform small business duties in the absence of the primary. The individual shall preferably be at the supervisory level and otherwise be qualified to perform all required small business duties. Appointments shall be by the Chief of the contracting office by letter and do not require further approval.

(3) Each Wing or field activity with a contracting office will appoint individuals to serve as Small Business Liaisons (SBLs). An SBL should be appointed to represent each requiring activity that has significant participation in the activity's mission and programs (e.g., civil engineering, supply, range operations, transportation, etc.), and impacts the small business plan. The SBLs will be the focal point for the advance planning and consideration of small business participation in their contract requirements. SBLs will assist in the preparation of the annual small business plan by providing business forecasts and identifying requirements for inclusion in the plan. Additionally, SBLs will be the initial point of contact for small businesses and small disadvantaged businesses referred to their activities by the Deputy for Small Business.

(4) SBLs are appointed in writing by the senior officer (military or civilian) of the requiring activity, with the coordination of the supporting Deputy for Small Business. The Deputy for Small Business will provide adequate training to the SBLs in small business matters for the performance of their duties.

19-1
5319.705-2 AFSPCFARS 6 January 1995

5319.5 SET-ASIDES FOR SMALL BUSINESS.

5319.501 General.

(c)(1) All proposed requirements exceeding $10,000 will be furnished to the Deputy for Small Business for coordination. The exceptions are:

(i) Acquisitions for small business-small purchase set- asides.

(ii) Funding actions; change orders; orders placed against requirements contracts, indefinite delivery contracts or Federal Supply Schedules; actions which exercise an option, other modifying actions which add work and are made pursuant to the terms of existing contracts.

(c)(2) The buying office will, prior to synopsizing the procurement, submit the following documents to the Deputy for Small Business for review and coordination:

(i) DD Form 2579 (one set).

(ii) Purchase Request.

(iii) Justification and Approval Document, if applicable.

(iv) Statement of Work, if not classified.

(v) Sources sought synopsis response and/or known sources.

5319.505 Rejecting Small Business Administration recommendations.

(b) When notified by SBA that an appeal has been filed with the Secretary, the contracting officer shall immediately notify the Deputy for Small Business and the Associate Director for Small Business, HQ AFSPC/LGCM, by telephone.

5319.7 SUBCONTRACTING WITH SMALL BUSINESS AND SMALL DISADVANTAGED BUSINESS CONCERNS.

5319.705 Responsibilities of the contracting officer under the subcontracting assistance program.

5319.705-2 Determining the need for a subcontracting plan.

(c) Acquisitions for which no subcontracting opportunities are determined to be available shall contain documentation

19-2
AFSPCFARS 6 January 1995 5319.803

which justifies that determination. Justifications shall be reviewed by the Deputy for Small Business before approval at a level above the contracting officer.

5319.705-4 Reviewing the subcontracting plan.

(d) The contracting officer's review of the subcontracting plan shall be documented and placed in the contract file. A small business goal of less than twenty percent must be approved two levels above the contracting officer. Any subcontracting plan which does not contain positive goals for small business concerns should be challenged.

(4) The contracting officer shall obtain advice and recommendations from the requiring activity on the potential for subcontracting opportunities.

(6) The contracting officer shall provide the proposed subcontracting plan, together with the cognizant ACO's evaluation (FAR 19.706) and the requiring activity's recommendations, to the Deputy for Small Business when requesting assistance in evaluating the plan. Allow the Deputy for Small Business at least 3 workdays to review the subcontracting plan and provide recommendations. When the proposed subcontracting plan is submitted to the SBA-PCR for review, include a copy of the recommendations made by the Deputy for Small Business.

5319.8 CONTRACTING WITH THE SMALL BUSINESS ADMINISTRATION (THE 8(A) PROGRAM).

5319.803 Selecting acquisitions for the 8(a) Program.

(a)(2)(i) Solicitation/contract files shall contain documentation of offers made to the SBA and their acceptance or rejection. All requirements offered to the SBA shall be by letter signed by the contracting officer. Acceptance or rejection of the requirement by the SBA must be by letter. All offer letters and acceptance or rejection letters shall be provided to the Deputy for Small Business for coordination.

(ii) The Deputy for Small Business shall maintain a history file by fiscal year of requirements offered to the SBA for 8(a) subcontracting. As a minimum, the history file shall contain the following information for each requirement offered:

A. Project title.

B. Type of requirement (supply, service, or construction).

19-3
5319.810 FSPCFAR1 6 January 1995

C. Estimated value.

D. SIC code and size standard.

E. Date offered to SBA.

F. SBA region or district.

G. Name of the 8(a) firm, if an award was made.

H. Award price, if an award was made.

I. If the requirement was not awarded, include the reason SBA did not accept the requirement or a contract was not negotiated:

1 Unable to find a firm with the capability to meet the requirement.

2 Unable to agree on price. Indicate the amount of best and final offer.

3 Other reasons (e.g. funds withdrawn).

5319.810 SBA appeals.

(a) Upon receipt of SBA notification of an intent to appeal pursuant to Section 8(a), the contracting officer shall immediately notify the Deputy for Small Business and Associate Director for Small Business, HQ AFSPC/LGCM, by telephone.

19-4

AFSPCFARS 6 January 1995

PART 5322 - APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS

TABLE OF CONTENTS

Title Paragraph Page

SUBPART 5322.1 - BASIC LABOR POLICIES

Labor relations........................5322.101 22-1
General................................5322.101-1 22-1

SUBPART 5322.8 - EQUAL EMPLOYMENT OPPORTUNITY

Procedures.............................5322.805 22-1
Preaward clearance.....................5322.805(a) 22-1

22-i

AFSPCFARS 6 January 1995 5322.805(a)

5322.1 BASIC LABOR POLICIES.

5322.101 Labor relations.

5322.101-1 General.

(e) Insert the clause at FAR 52.222-1, "Notice to the Government of Labor Disputes," in all construction and services contracts and in any other contract in which the contracting officer determines the clause to be appropriate.

5322.8 EQUAL EMPLOYMENT OPPORTUNITY.

5322.805 Procedures.

5322.805(a) Preaward clearances. Request a preaward clearance if the estimated amount of the contract, including priced options, is $1,000,000 or more. When a clearance has been received for the basic period and priced options, additional clearances are not necessary when exercising the options.

22-1
AFSPCFARS 6 January 1995

PART 5324 - PROTECTION OF PRIVACY AND FREEDOM OF INFORMATION

TABLE OF CONTENT

Title Paragraph Page

PART 5324.2 - FREEDOM OF INFORMATION ACT

Policy.................................5324.202 24-1

24-i

AFSPCFARS 6 January 1995 5324.202

5324.2 FREEDOM OF INFORMATION ACT.

5324.202 Policy.

(a) The contracting officer will clear the release of any contract records pursuant to the discovery process in litigation through the supporting SJA. (AFSPCFARS 5301.601-95.)

24-1
AFSPCFARS 6 January 1995

PART 5328 - BONDS AND INSURANCE

TABLE OF CONTENTS

Title Paragraph Page

SUBPART 5328.1 BONDS

Bid guarantee..........................5328.101-3 28-1

Bond requirements......................5328.102-3 28-1

SUBPART 5328.3 - INSURANCE

Insurance under fixed-price contracts..............................5328.306 28-1

Insurance under cost-reimbursement
contracts..............................5328.307 28-1

28-i

AFSPCFARS 6 January 1995 5328.307

5328.1 BONDS.

5328.101-3(a) Bid Guarantee.

AFSPC contracting activities may include the provision at 5352.228-9500 "Bid Guarantee" in solicitations whenever a performance bond or a performance and payment bond is required, unless the Chief of the Contracting Office has waived this requirement in accordance with FAR 28.101-1(c).

5328.102-3 Bond Requirements.

AFSPC contracting activities may include the provision at 5352.228-9501 "Bond Requirements" in construction solicitations when performance and/or payment bonds are required.

5328.3 INSURANCE.

5328.306 Insurance requirements under fixed-price contracts.

(b) AFSPC contracting activities will include the clause at 5352.228-9502 "Insurance Requirements Under Fixed-Price Contracts" in all solicitations and contracts that contain the clause at FAR 52.228-5 "Insurance - Work on a Government Installation".

5328.307 Insurance requirements under cost-reimbursement contracts.

AFSPC contracting activities will include the clause at 5352.228-9502 "Insurance Requirements Under Cost-Reimbursement Contracts-Alternate III (APR 1993) by substituting the following title and first paragraph for the existing title and first paragraph. 5352.228-9502-Alternate III Insurance-Liability to Third Persons.

28-1

AFSPCFARS 6 January 1995

PART 5332 - CONTRACT FINANCING

TABLE OF CONTENTS

Title Paragraph Page

SUBPART 5332.7 CONTRACT FUNDING

Clauses for limitation of cost or
funds..................................5332.705-2 32-1

SUBPART 5332.9 PROMPT PAYMENT

Invoice payments.......................5332.905 32-1

32-i

AFSPCFARS 6 January 1995 5332.905(e)(8)

5332.7 CONTRACT FUNDING.

5332.705-2 Total Sum Allotted.

(d) (added) AFSPC contracting activities will include the clause at 5352-232-9500 "Total Sum Allotted" in all solicitations and contracts that contain the clause at FAR 52.232-22 "Limitation of Funds."

5332.9 PROMPT PAYMENT.

5332.905(e)(8) Segregation of Costs.

AFSPC contracting activities may include the clause at 5352.232-9501 "Segregation of Costs" in solicitations and contracts when the contract will contain multiple fund cites and contractor segregation of costs to the subCLIN level in required for accounting purposes.

32-1

AFSPCFARS 6 January 1995

PART 5333 - PROTEST, DISPUTES, AND APPEALS

TABLE OF CONTENTS

Title Paragraph Page

SUBPART 5333.1 - PROTESTS

Protests to the agency.................5333.103 33-1
Protests to GAO........................5333.104 33-1

SUBPART 5333.2 - DISPUTES AND APPEALS

Claims.................................5333.207-9500 33-2
Contracting Officer's decision.........5333.211 33-2
Appeals................................5333.290 33-2

33-i

AFSPCFARS 6 January 1995 5333.104

5333.1 PROTESTS.

5333.103 Protests to the agency.

(b)(1) When a protest has been filed no higher than the chief of the contracting office, the contracting officer shall render a decision and reply directly to the protester in writing. Coordinate responses to protests of this nature with the servicing SJA and chief of the contracting office before release to the protester.

(2) Each contracting office will keep a simple log of protests to the agency by fiscal year. The log should show the date the protest was received, the solicitation or contract number, the name of the protester, the name of the contracting officer, the date the protest was resolved and the type of resolution.

5333.104 Protest to GAO:

(a)(1) Send a copy of the protest to HQ AFSPC/LGCP as soon as it is received.

(2) Field contracting activities shall not suspend the preparation of an agency report pending the outcome of a request for a summary dismissal. Preparation can be minimized, at the discretion of the contracting officer, to activities such as developing report indexes, locating documents, and drafting the Memorandum of Law and contracting officer Statement of Facts. A contracting officer decision to delay the preparation of any agency report will not normally be considered adequate justification to waive the originally established suspense schedule. In all cases where a delay in the preparation of an agency report appears prudent to the contracting officer or has been recommended by SAF/GC (or AQCX), the field contracting activity shall notify AFSPC/LGCP. Initial notification can be by telephone and shall consist of: 1) the reason for delaying the preparation of a report; 2) the direction or recommendation that facilitated the decision to delay; and 3) the anticipated date for GAO decision on the request for a summary dismissal, if applicable. A written confirmation of such shall be provided within five working days after AFSPC/LGCP is given notice by telephone.

(ii) One copy of the agency report will be sent (express mail) at the same time to HQ AFSPC/LGCP.

(c)(2) Requests to continue performance after the receipt of a protest shall be coordinated through AFSPC/LGCP prior to being forwarded to the HCA for approval.

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5333.290 AFSPCFARS 6 January 1995

5333.2 DISPUTES AND APPEALS.

5333.207-9500 Claims.

(a) In order to track the progress of certified contractor claims (over $50,000), each contracting office will assign a point of contact (POC) for these actions. A log will be kept by each POC showing:

(1) Date of submittal of certified claim

(2) Contract number

(3) Contractor name

(4) Dollar value of the claim

(5) Nature of the claim

(6) Status of the claim

(7) Expiration date of the contract funds (if applicable)

If the claim is denied and then is appealed to the Armed Services Board of Contract Appeals, it will remain open on the log. The expiration date of contract funds will be confirmed at that time.

5333.211 Contracting officer's decision.

(a) Copies of the following documents will be extracted from all final decision packages for claims in excess of $50,000 and forwarded to AFSPC/LGCP, concurrent with the release to AFCLC/JAB: The contractor's certified claim; the contracting officer's final decision; the servicing judge advocate's (JAG) memorandum; the contracting officer's written resolution of any JAG comments/recommendations; and any other documents absolutely necessary to understand the final decision.

5333.290 Appeals.

(a)(1) A copy of all appeals to the ASBCA will be sent to
HQ AFSPC/LGCP upon receipt.

33-2

AFSPCFARS 6 January 1995

PART 5336 - CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS

TABLE OF CONTENTS

Title Paragraph Page

SUBPART 5336.2 SPECIAL ASPECTS OF CONTRACTING FOR CONSTRUCTION

Disclosure of the magnitude of
construction projects...................5336.204 36-1

SUBPART 5336.3 - SPECIAL ASPECTS OF SEALED BIDDING IN CONSTRUCTION CONTRACTING

Presolicitation notices................5336.302 36-1

SUBPART 5336.6 - ARCHITECT-ENGINEER SERVICES

Policy.................................5336.601 36-1

36-i

AFSPCFARS 6 January 1995 5336.601

5336.2 SPECIAL ASPECTS OF CONTRACTING FOR CONSTRUCTION

5336.204 Magnitude of Project.

AFSPC contracting activities shall include the clause at 5352.236-9500 "Magnitude of Project" in all solicitations for construction.

5336.3 SPECIAL ASPECTS OF SEALED BIDDING IN CONSTRUCTION CONTRACTS.

5336.302 Presolicitation notices.

The requirement to issue presolicitation notices to prospective bidders on any construction requirement when the proposed contract is expected to equal or exceed $100,000 has been waived.

5336.6 ARCHITECT - ENGINEER SERVICES.

5336.601 Policy.

(3)(Added) For purposes of business/contract clearance A&E solicitations, contracts and contract modifications will be handled as noncompetitive acquisitions (see AFFARS 5301.9004(b) and 5301.9005(b)).

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AFSPCFARS 6 January 1995

PART 5339 - ACQUISITION FOR INFORMATION RESOURCES

TABLE OF CONTENTS

Title Paragraph Page

SUBPART 5339.001- POLICY

Policy.................................5339.001 39-1
Processing Federal Information
Processing (FIP) resources.............5339.001-95 39-1

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AFSPCFARS 6 January 1995 5339.001-95

5339.001 Policy. The Air Force, in support of maximizing full and open competition, has made special provision for the purchase of general purpose Automated Data Processing (ADP) including an approved process and the writing of indefinite delivery contracts for Air Force-wide standard ("infrastructure") equipment and software. The contracting officer needs to be assured that general purpose ADP has been properly approved prior to taking any action to purchase it. Evidence that general purpose ADP has been properly approved may take several forms:

(a) In AFSPC, most of the general purpose ADP that will be purchased is "700 series," also known as Federal Information Processing (FIP) resources, and must be approved as set forth in
AFR 700-5, S/Sup 1, before it can be requisitioned or purchased. This ADP is either approved by a Communications-Computer System Requirements Board (CSRB) or specifically exempted by AFR 700-5, S/Sup 1. Acceptable evidence of approval or exemption is coordination of the AF Form 9 with the base-level Communications-Computer Systems Officer (CSO). The CSO is usually assigned to the base Communications Squadron. Purchase of FIP equipment and software must comply with FIRMR requirements.

(b) Some of the general purpose ADP purchased by AFSPC contracting offices is ADP that is part of or in direct support of a larger system being managed under the DoD acquisition program
(DODD 5000.1). This ADP is also known as Mission Critical Computer Resources (MCCR). MCCR does not require CSRB approval prior to requisition or purchase because it has already been approved in the process of approving the larger acquisition. This can be confusing because the equipment and software for FIP and MCCR is often identical. Acceptable evidence of approval of MCCR is a statement on the AF Form 9, signed by the Program Element Monitor, Program Manager, or Command Lead that the ADP is in support of an approved acquisition program. However, the fact that the ADP is MCCR does not exempt it from purchase under the Air Force "infrastructure" contract(s), if those contract(s) can satisfy the requirement. If the general purpose MCCR being requisitioned is not Air Force "infrastructure" equipment or software, it is still exempt from FIRMR requirements, but must comply with FAR requirements such as brand name justification or J&A approval.

5339.001-95 (Added) Processing Federal Information Processing (FIP) resources.

All new requirements documents (mission need statements (MNSs) and Communications-Computer System Documents (CSRD) covered by AFPD 10-6 and AFR 700-XX respectively) and applicable contractual initiatives

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5339.001-95 AFSPCFARS 6 January 1995

will be referred to the AFSPC Delegation Procurement Authority (DPA) manager (HQ AFSPC/SCX) for compliance with the Brooks Act, Nunn-Warner Amendment and supplemented SAF guidance. In the event a proposed procurement exceeds MAJCOM approval authorities, the DPA manager will return the request to the requiring activity for the preparation and submission of an Agency Procurement Request (APR). In no event will a solicitation be issued prior to receipt of an approved APR or a determination that the acquisition falls within a Nunn-Warner exemption.

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AFSPCFARS 6 January 1995

PART 5342 - CONTRACT ADMINISTRATION

TABLE OF CONTENTS

Title Paragraph Page

SUBPART 5342.5 - POSTAWARD ORIENTATION

Postaward conferences..................5342.503 42-1
Postaward conference procedures........5342.503-2 42-1

42-i

AFSPCFARS 6 January 1995 5342.503-2

5342.5 POSTAWARD ORIENTATION.

5342.503 Postaward conferences.

5342.503-2 Postaward conference procedure. The administrative contracting officer (ACO) is responsible for chairing the postaward orientation conference. The ACO may delegate this responsibility to the contract specialist or contract administrator. In making such a delegation, the ACO should consider the contract type; whether funding is complete, partial or incremental; the nature and extent of Government furnished property; whether there are any special test or evaluation procedures; if there are any special security requirements, and whether the contractor has a history of incomplete or reluctant compliance with the contract terms. ACOs should chair the conference if these considerations indicate difficulty in contract administration. The ACO may waive the requirement for a postaward conference on a follow-on contract with the same contractor when performance requirements and contract type are substantially unchanged and past performance has been satisfactory or better.

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AFSPCFARS 6 January 1995

PART 5343 - CONTRACT MODIFICATIONS

TABLE OF CONTENTS

Title Paragraph Page

SUBPART 5343.2 - CHANGE ORDERS

Contract clauses.......................5243.205 43-1

Advance Change Adjustment Agreement.....5343.205(b) 43-1

43-i

AFSPCFARS 6 January 1995 5343.205(b)

5343.2 - CHANGE ORDERS.

43.205 Contract clauses.

5343.205(b) Advance Change Adjustment Agreement.

(7)(added) AFSPC contracting activities may include the clause at 5352.243-9500 "Advance Change Adjustment Agreement" in solicitations and contracts when a cost-plus-award-fee contract is contemplated, the estimated cost of the contract is expected to be greater than $1,000,000, and the Contracting Officer determines the use of this clause to be in the Government's best interest.

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AFSPCFARS 6 January 1995

PART 5345 - GOVERNMENT PROPERTY

TABLE OF CONTENTS

Title Paragraph Page

SUBPART 5345.1 - GENERAL

Certification of Availability of
Government-Furnished Property (GFP)
and/or Government-Furnished Support....5345.102-9500 45-1

5345.5 MANAGEMENT OF GOVERNMENT PROPERTY IN THE POSSESSION OF CONTRACTORS.

Records and reports of Government
property...............................5345.505 45-1

Management of Government Property
by the Standard Base Supply
System (SBSS)..........................5345.505-15 45-1

SUBPART 5345.70 - APPOINTMENT OF PROPERTY ADMINISTRATORS AND
PLANT CLEARANCE OFFICERS

Appointment of Property Administrators
and Plant Clearance Officers...........5345.7001-9500 45-1
Selection, appointment and
termination............................5345.7001-9501 45-1
Procedures for assignment and review
of Property Administrators and Plant
Clearance Officers.....................5345.7001-9502 45-1

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AFSPCFARS 6 January 1995
5345.7001-9500

5345.1 General.

5345.102-9500 (Added) Certification of Availability of Government-Furnished Property (GFP) and/or Government-Furnished Support.

(a) Prior to signing a contract, the contracting officer shall ensure that all of the GFP and/or government furnished support (such as furniture, office space, storage areas etc.) is, or will be, available when called for by the contractor. This certification shall be made based on information provided by the activity generating the requirement.

(b) The requiring activity shall state, in writing, that all GFP and/or other government furnished support (as specified in the statement of work or the performance work statement) is available or on hand, or will be ordered within sufficient time to meet contract requirements. If the GFP and/or government furnished support is not on hand, details shall be furnished to assure it has been ordered in a timely manner. Such documentation should include the contract number and delivery date, the date the purchase request was submitted and the requested delivery date, the date the requirement was submitted to base supply, etc.

(c) The contracting officer will not award any contract which contains GFP and/or government furnished support without this certification in the contract file.

5345.5 MANAGEMENT OF GOVERNMENT PROPERTY IN THE POSSESSION OF CONTRACTORS.

5345.505 Records and reports of Government property.

5345.505-15 (Added) Management of Government Property by the Standard Base Supply System (SBSS).

Contracting officers shall use Air Force Manual (AFM) 67-1 procedures in lieu of contractor property control systems and Government property administrators. All procedures for the contractor to acquire, use, maintain, repair, protect and preserve Government property shall be Government-directed through the AFM 67-1. All records maintained by the Government and reporting of property in the hands of the contractor is provided through the Air Force supply channels.

This relieves the contracting officer from managing government property as described in FAR Part 45 "Government Property". That function will be controlled by guidance set forth in AFM 67-1 and places the responsibility on base supply and other base organizations. AFSPC contracts should incorporate AFM 67-1 or be converted to do so at a suitable time.

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5345.7001-9502 AFSPCFARS 6 January 1995

5345.70 APPOINTMENT OF PROPERTY ADMINISTRATORS AND PLANT CLEARANCE OFFICERS.

5345.7001-9500 (Added) Appointment of Property Administrators and Plant Clearance Officers.

5345.7001-9501 (Added) Selection, Appointment and Termination.

a. The Chief of the contracting office will select, appoint and terminate appointment of Property Administrators and Plant Clearance
Officers. AFSPC Form 65 will be used to appoint Plant Clearance Officers, and AFSPC Form 66 will be used to appoint Property Administrators.

5345.7001-9502 (Added) Procedures for Assignment and Review of Property Administrators and Plant Clearance Officers.

a. Assignment. Contracting officers will request assignment of property administrators and plant clearance officers for a specific contract from the Chief, Aerospace Flight or Range Contracts Flight - 45 CONS or Property Management Division - 30 CONS, for contracts at their respective locations. The Chief of the office will assign the contract to a property administrator or plant clearance officer, who will acknowledge the assignment in writing to the contracting officer. An information copy shall be provided to the ACO (if applicable).

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AFSPCFARS 6 January 1995

PART 5349 - TERMINATION OF CONTRACTS

TABLE OF CONTENTS

Title Paragraph Page

SUBPART 5349.1 - GENERAL PRINCIPLES

Authorities and responsibilities...........5349.101 49-1
Review of proposed settlements.............5349.111 49-2

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AFSPCFARS 6 January 1995 5349.101

5349.1 GENERAL PRINCIPLES.

5349.101 Authority and responsibilities.

(f) Duly appointed Termination Contracting Officers (TCOs) will settle terminations for convenience when the gross amount of the contractor's settlement proposal is over $100,000, and provide general assistance to other contracting personnel on termination policies.

(g) (Added) Termination contracting officers will keep a log containing salient information on all terminations handled by their office(s). Contracting officers will discuss any potential termination for convenience (including those under $100,000) in advance with the supporting TCO if there are any unusual aspects, such as the contractor announces he will appeal or demand extra-ordinary costs. In addition, the PCO will obtain legal and TCO review of the termination file. The file will be indexed, tabbed, and arranged in chronological order. It will contain the contract and all amendments; the AF Form 3056; a memo for record clearly explaining the reason for the termination for convenience, and how the decision was arrived at; any other narratives or memos regarding the problem; the initial legal review; the initial notice to the contractor (if not the SF Form 30); and a copy of the SF Form 30.

(h) (Added) In the event the settlement is expected to exceed $100,000, the PCO will transfer the official contract file to the supporting TCO after a complete termination for convenience. On cost reimbursement type contracts, the contract should be transferred to the supporting TCO for settlement if it appears that the contractor's unvouchered cost (at the end of 6 months) after termination, plus unpaid proposed final fee, will exceed $100,000. In the event of a partial termination for convenience, the official contract file should be kept by the PCO. Provide appropriate copies of necessary documents to the TCO to facilitate the settlement. Also send any subsequent related documentation and any modifications to the continued portion.

(i) (Added) Contracting officers will discuss any potential termination for default with the supporting Termination Contracting Officer. After the decision to terminate for default has been made, the contracting officer should estimate the excess reprocurement costs. If the cost is estimated to be more than $50,000, AFFARS 5333.211 applies. Prepare a review file as described in (g) above, and submit to the Termination Contracting Officer and SJA for review and comment. If AFFARS 5333.211 applies, a final package incorporating the review comments, indexed and tabbed will be

49-1
5349.111 AFSPCFARS 6 January 1995

coordinated with the supporting legal office and forwarded to HQ Air
Force Contract Law Center (AFCLC/JAB). All reproduced documents must be legible. Sometimes the legal officer can obtain oral approval from SJA for proceeding with the termination without file submission.

5349.111 Review of proposed settlements. The primary review of the proposed settlement comes during the business clearance procedure for modifications (AFSPCFARS 5301.9010-5). The dollar value of the settlement modification is the gross amount of the settlement. Upon completion of negotiations, the resultant agreement shall be submitted for legal review and clearance in accordance with procedures in AFSPCFARS 5301.601-95 and 5301.9011.

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AFSPCFARS 6 January 1995

PART 5350 - EXTRAORDINARY CONTRACTUAL ACTIONS

TABLE OF CONTENTS

Title Paragraph Page

SUBPART 5350.2 - DELEGATION OF AND LIMITATIONS ON EXERCISE OF AUTHORITY

Contract Adjustment Boards.............5350.202 50-1

SUBPART 5350.3 - CONTRACT ADJUSTMENTS

Contractor request.....................5350.303 50-1
Processing cases.......................5350.305 50-1

50-i

AFSPCFARS 6 January 1995 5350.305

5350.2 DELEGATION OF AND LIMITATIONS ON EXERCISE OF AUTHORITY.

5350.202 Contract adjustment boards. All requests for contractual adjustment under the authority of Public Law 85-804 will be transmitted with a request for appropriate action to HQ AFSPC/LGCP.

5350.3 CONTRACT ADJUSTMENTS.

5350.303 Contractor requests. When a written request is filed directly with the contracting officer, information for the preliminary record described in DFARS 250.105(1)(i) shall immedi- ately be transmitted to HQ AFSPC/LGC with a copy of the contractor's request.

5350.305 Processing cases. Send all documents relating to the investigation to HQ AFSPC/LGCP.

50-1
AFSPCFARS 6 January 1995

PART 5351 - USE OF GOVERNMENT SOURCES BY CONTRACTORS

TABLE OF CONTENT

Title Paragraph Page

SUBPART 5351.2 - CONTRACTOR USE OF INTERAGENCY FLEET MANAGEMENT SYSTEM (IFMS) VEHICLES

Automotive Vehicle Operations 5351.205 51-1

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AFSPCFARS 6 January 1995 5351.205

5351.2 USE OF GOVERNMENT SOURCES BY CONTRACTORS

5351.205 Automotive Vehicle Operations

Contracting activities at Vandenberg AFB may include the clause at 5352.251-9500 "Automotive Vehicle Operations" in solicitations and contracts when FAR 52.251-2 and DFARS 252.251-7001 are included.

51-1
AFSPCFARS 6 January 1995

PART 5352 - SOLICITATION PROVISIONS AND CONTRACT CLAUSES

TABLE OF CONTENTS

Title Paragraph Page

SUBPART 5352.1 - INSTRUCTIONS FOR USING PROVISIONS
AND CLAUSES

Locally developed provisions and
clauses approval process...................5352.108 52-1

SUBPART 5352.2 - TEXTS OF PROVISIONS AND CLAUSES

Signatory Certifications...............5352.204-9500 52-1
Commercial Warranty....................5352.211-9500 52-2
Technical Direction....................5352.215-9500 52-2
Restrictions on Contacts...............5352.215-9501 52-2
Submission of Certified Cost or
Pricing Data...........................5352.215-9502 52-3
Advisory Assistance....................5352.215-9503 52-3
Bid Guarantee..........................5352.228-9500 52-3
Bond Requirements......................5352.228-9501 52-4
Insurance requirements.................5352.228-9502 52-5
Total Sum Allotted.....................5352.232-9500 52-7
Segregation of Costs...................5352.232-9501 52-7
Magnitude of Project...................5352.236-9500 52-7
Advance Change Adjustment Agreement....5352.243-9500 52-8
Automotive Vehicle Operations..........5352.251-9500 52-8

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AFSPCFARS 6 January 1995 5352.204-9500

5352.1 INSTRUCTIONS FOR USING PROVISIONS AND CLAUSES.

5352.108 (Added) Locally Developed Provisions and Clauses Approval Process. Locally developed provisions and clauses which are not strictly administrative in nature must be approved at HQ AFSPC/LGC or Air Staff level. Provisions and clauses along with supporting documentation shall be submitted to HQ AFSPC/LGCP for review/approval prior to being used in a solicitation package. See AFSPCFARS 5301.304.

5352.2 TEXTS OF PROVISIONS AND CLAUSES.

5352.204-9500 SIGNATORY CERTIFICATIONS.

As required by AFSPCFARS 5304.102 (f), FAR 4.101, and FAR 4.102, insert the following provision in full text in Section L of solicitations. The reference to the SF 33 can be changed to the applicable document (e.g., SF 1442 and SF 1447).

5352.204-9500 SIGNATORY CERTIFICATIONS APR 1993

1. If the offeror is an individual, the offer shall be signed by that individual in block 17 of the SF 33. If the offeror is an individual doing business as a firm, the offer shall be signed by that individual in Block 17 and the individual's typed, stamped or printed name and the words "an individual doing business as ___________________*" entered in Block 16.

2. If the offeror is a partnership, the offer shall be signed in Block 17 of the SF 33, and the partnership name inserted in Block 16. The offeror shall provide along with its offer: (1) A list of all partners and (2) evidence sufficient to the Contracting Officer that the individual(s) signing the offer for the partnership have the authority to bind the partnership.

3. If the offeror is a corporation, the corporate name followed by the word "by" shall be inserted in Block 16 of the SF 33. The offer shall be signed in block 17 of the SF 33 by a person authorized to bind the corporation. The contractor shall provide evidence sufficient to the Contracting Officer that the person signing has authority to bind the corporation.

4. If the offeror is a joint venture, which may involve any combination of individuals, partnerships or corporations, the offer shall be signed in Block 17 of the SF 33 by each participant in the joint venture in the manner prescribed by paragraphs 1 through 3 above for each participant. When a corporation is participating, the corporation secretary shall provide along with the offer a certificate stating that the corporation is authorized to participate in the joint venture.

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5352.215-9501 AFSPCFARS 6 January 1995

5. If an agent for the contractor is to sign the contract, the contractor shall provide sufficient evidence to the Contracting Officer of the agent's authorization to bind the principal.
(End of Provision)

5352.211-9500 Commercial Warranty.

As required by AFSPCFARS 5311.7004-9500 and DFARS 211.7004-1(j)2, insert the following clause in full text.

5352.211-9500 COMMERCIAL WARRANTY APR 1993

The supplies or services furnished under this contract shall be covered by the most favorable commercial warranties the contractor gives to any customer for such supplies of services. The rights and remedies provided herein are in addition to and do not limit any rights afforded to the government by any other clause of this contract.
(End of Clause)

5352.215-9500 Technical Direction.

As required by AFSPCFARS 5315.406-2(c) insert the following clause in full text or one substantially similar.

5352.215-9500 TECHNICAL DIRECTION APR 1993

To be valid, technical direction, as contemplated by Statement of Work (SOW) Paragraph * , shall be consistent with the requirements of the SOW. Technical direction will not constitute changes as described by the "Changes" clause of this contract, and shall not constitute a basis for increase in contract fee.

Alternate I (APR 1993). Technical direction does not authorize the Contractor to incur costs above the Total Sum Allotted provision contained in Section G of the Contract.

(End of Clause)

5352.215-9501 Restrictions of Contacts.

As required by AFSPCFARS 5315.604(c)(5) and AFFARS Appendix AA, Paragraph AA-208 or AFFARS Appendix BB/AFR 70-30, para 16, insert the following provision in full text in Section L of the solicitation.

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AFSPCFARS 6 January 1995 5352.228-9500

5352.215-9501 RESTRICTIONS ON CONTACTS APR 1993

Concurrent with the release of this RFP, appropriate higher headquarters offices will be advised that a source selection action is in progress for * for the period ** and that contact by participating offerors on the subject of this RFP is inappropriate. Recipients of this RFP shall not attempt such contacts during this period.
(End of Provision)

5352.215-9502 Submission of Certified Cost or Pricing Data.

As required by AFSPCFARS 5315.804-6(a)(1) and FAR 15.804-6(a)(1), insert the following provision in full text in Section L of the solicitation.

5352.215-9502 SUBMISSION OF CERTIFIED COST OR
PRICING DATA APR 1993

Certified cost or pricing data is not currently required as adequate price competition is anticipated. If, after receipt of proposals, it is determined that adequate price competition does not exist, certified cost or pricing data will be requested.
(End of Provision)

5352.215-9503 Advisory Assistance.

As required by AFSPCFARS 5315.406-2(h)(1), insert the following clause in Section H or one substantially similar.

5352.215-9503 ADVISORY ASSISTANCE FEB 1994

The Air Force has contracted with various Federally Funded Research and Development Center's (FFRDC) and Systems Engineering and Technical Assistance (SETA) organizations for technical services under the program management of the Government, and responsible to the Government for overall technical review of specified programs. The agreements with personnel from these organizations supporting the Government, prohibit the unauthorized dissemination of data to which they have access. It is the Government's intent to use the services of the organizations in a purely advisory role.
(End of Clause)

5352.228-9500 Bid Guarantee.

As required by AFSPCFARS 5328-101-3(a), FAR 28-101-2, and
FAR 28.101-3(a), insert the following 3 provision in full text or one substantially similar in Section L of the solicitation. In

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5352.228-9501 AFSPCFARS 6 January 1995

accordance with FAR 28.101-2), the Contracting Officer may vary the amount specified. However, the amount specified shall not be less than 20% of the bid price nor more that $3,000,000.

5352.228-9500 BID GUARANTEE APR 1993

Each bidder shall submit with his bid a Bid Bond (Standard Form 24) with good and sufficient surety or sureties acceptable to the Government, or other security as provided in Section I, FAR 52.228-1 "Bid Guarantee," in the form of twenty percent (20%) of the bid price or $3,000,000 whichever is less.
(End of Provision)

5352.228-9501 Bond Requirements.

As required by AFSPCFARS 5328.102-3, FAR 28.102-2, and
FAR 28.102-3, insert the following provision in full text or one substantially similar in Section L of the solicitation. For performance bonds, the amounts can be reduced if a lesser amount is deemed adequate by the Contracting officer or increased if the contract price is increased (see FAR 28.102-2(a)). For payment bonds, if the original contract price is $5,000,000 or less, the Contracting Officer may require additional protection if the contract price is increased (see FAR 289.102-2(b)(2)).

5352.228-9501 BOND REQUIREMENTS APR 1993

Within _________ calendar days after the award date of this contract but prior to commencement of performance, the bidder to whom award is made shall furnish the following bonds, each with good and sufficient surety or sureties acceptable to the government. The penal sums of such bonds shall be as follows:

(a) The penal sum of the performance bond shall equal one hundred percent (100%) of the original contract price.

(b) The penal sum of the payment bond:

(1) Shall be fifty percent (50%) of the contract price if the contract price is not more than $1,000,000;

(2) Shall be forty percent (40%) of the contract price if the contract price is more than $1,000,000 but not more than $5,000,000;

(3) Shall be $2,500,000 if the contract price is more than $5,000,000.
(End of Provision)
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AFSPCFARS 6 January 1995 5352.228-9502

5352.228-9502 Insurance requirements.

As prescribed by AFSPCFARS 5328.306(b), FAR 28.307-2, and
FAR 52.228-5 Insurance - Work on a Government Installation, insert the following clause or one substantially similar. The coverage specified in the clause is the minimum required for fixed-price contracts in accordance with FAR 28.307-2. The contracting officer may require additional coverage and higher limits (see FAR 28.306-(b)(1)). If the contracting officer determines that it is in the government's best interest to include FAR 52.228-5 although it is not specifically required by FAR 28.310, the contracting officer may omit the types of insurance or lower the limits specified in the clauses below (see FAR 28.306(b)(2)):

5352.228-9502 INSURANCE REQUIREMENTS MAR 1993

In accordance with the requirements of FAR 52.228-5 "Insurance Work on a Government Installation", the kinds and amounts of insurance contemplated under this contract are set forth as follows:

(a) WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE.
The contractor shall comply with applicable Federal and State worker's compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they
shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a contractor's commercial operations that it would not be practical to require this coverage. Employers' liability coverage of at least $100,000 is required except in states with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carries.

(b) GENERAL LIABILITY INSURANCE. Bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence is required.

(c) AUTOMOBILE LIABILITY INSURANCE. Automobile liability insurance written on the comprehensive form of policy is required. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in
connection with performing this contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.
(End of Clause)

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5352.228-9502 AFSPCFARS 6 January 1995

ALTERNATE I - If the use of aircraft is required in the performance of the contract, add the following paragraph (d) to the basic clause:

(d) AIRCRAFT LIABILITY INSURANCE. When aircraft are used in connection with performing this contract, aircraft public and passenger liability insurance coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger liability, and $200,000 per occurrence for property damage. Coverage for passenger liability bodily injury shall be at least $200,000 multiplied by the number of seats or passengers whichever is greater.
(End of Clause)

ALTERNATE II - If the contract performance will take place in Greenland, substitute the following for paragraphs (a), (b) and (c) of the basic clause:

(a) The Comprehensive Bodily Injury Liability and Comprehensive Automobile Liability policies are to contain a provision, "The insurance company waives any right of subrogation against the United States of America which may arise by reason of any payment under the policy":

Type of Insurance Per Person

Workers' Compensation As required by Danish and/or
Greenlandic law and/or collective
bargaining agreements

Comprehensive Bodily Minimum coverage required by
Injury Liability and Danish and/or Greenlandic law
Comprehensive Automobile
Liability

(b) The contractor shall also maintain any other coverage and/or
expansion of the aforesaid coverage as may be necessary to meet
the national and local laws of the worksite.

(c) Government owned aircraft transiting the Greenland Base are
subject to Section I, GOVERNMENT PROPERTY (FIXED-PRICE CONTRACT),
Alternate I, FAR 52.245-2.
(End of Clause)

ALTERNATE III

As require by AFSPCFARS 5328.307, FAR 28.307-2, and FAR 52.228-7, Insurance - Liability To Third Persons, insert the following clause or one substantially similar.

52-6
AFSPCFARS 6 January 1995 5352.236-9500

5352.228-9502 INSURANCE REQUIREMENTS - ALTERNATE
III - LIABILITY TO THIRD PERSONS APR 1993

In accordance with the requirements of FAR 52.228-7, Insurance - Liability To Third Persons, the kinds and amounts of insurance contemplated under this contract are set forth as follows:

5352.232-9500 Total Sum Allotted.

As required by AFSPCFARS 5332.705-2(d) and FAR 52.232-22 "Limitations of Funds," insert the following clause in full text
or one substantially similar in Section G. Modify the clause each time funds are added to the contract.

5352.232-9500 TOTAL SUM ALLOTTED APR 1993

(a) Pursuant to the "Limitation Of Funds" clause (Section I, 52.232-22), the total sum presently available for payment by the government and allotted for contract line item(s) _______* is ________ **. Based upon information supplied by the contractor the Government estimates that this amount will cover costs payable through _____________ ***.
(End of Clause)

5352.232-9501 Segregation of Costs.

As required by AFSPCFARS 5332.905(e)(8), insert the following clause in full text or one substantially similar.

5352.232-9501 SEGREGATION OF COSTS APR 1993

The contractor shall segregate all costs associated with each Contract Line Item Number (CLIN) and Sub Contract Line Item Number
(SubCLIN) of this contract from the costs associated with other CLINs and SubCLINs of this contract.
(End of Clause)

5352.236-9500 Magnitude of Project.

As required by AFSPCFARS 5336.204 and FAR 36.204, insert the following provision in full text in Section L of construction solicitations.

52-7
5352.251-9500 AFSPCFARS 6 January 1995

5352.236-9500 MAGNITUDE OF PROJECT APR 1993

1. The price range of this project is (Insert one of the following.)

a. Less than $25,000
B. Between $25,000 and $100,000
c. Between $100,000 and $250,000
d. Between $250,000 and $500,000
e. Between $500,000 and $1,000,000
f. Between $1,000,000 and $5,000,000
g. Between $5,000,000 and $10,000,000
h. More than $10,000,000

This range does not necessarily reflect the proximity of the actual estimated cost.

2. The physical characteristics of this project are (Insert the salient physical characteristics.)
(End of Provision)

5352.243-9500 Advance Change Adjustment Agreement.

As required by AFSPCFARS 5343.205(b)(7), insert the following clause in full text.

5351.243-9500 ADVANCE CHANGE ADJUSTMENT AGREEMENT APR 1993

All proposed changes pursuant to the "Changes" clause which do not exceed an estimated adjustment amount of $5,000 (absolute value) and which also do not affect the contract delivery or performance schedules, shall be deemed to be changes having no effect on the contract estimated cost and award fee. Consideration for such changes is the elimination of the administrative cost of negotiating an adjustment to the award fee pool.
(End of Clause)

5352.251-9500 Automotive Vehicle Operations.

As required by AFSPCFARS 5351.205, insert the following clause in full text or one substantially similar in solicitations and contracts.

5352.251-9500 AUTOMOTIVE VEHICLE OPERATIONS APR 1993

1. The contractor shall make payment directly to GSA from CLINs
52-8
AFSPCFARS 6 January 1995 5352.251-9500

2. The estimated costs of CLINs * include only direct charges from GSA to the contractor acquired insurance, G&A expense, fees, and other overheads are included in the price of
CLINs ---*--- .

(End of Clause)

52-9
AFSPCFARS 6 January 1995

PART 5353 - FORMS

TABLE OF CONTENTS

Title Paragraph Page

SUBPART 5353.2 - PRESCRIPTION OF FORMS

Selection, Appointment, and
Termination of Appointment................5353.201-95(a) 53-1
Solicitation/Contract File
Folder Index..............................5353.201-95(b) 53-1
Administrative Matters....................5353.204 53-1
Individual Contract Action Report.........5353.204-70 53-1
Item A3 - Contracting Office Code.........5353.204-70(a)(3) 53-1
Invitation for Bids (IFB) Review
and Notification..........................5353.214(i) 53-2
Contracting by Negotiation................5353.215 53-2
Price Negotiation Memorandum Checklist....5353.215-95
Appointment of Property Administrators
and Plant Clearance Officers..............5353.245 53-2

53-i

AFSPCFARS 6 January 1995 5353.204-70(a)(3)

5353.2 Prescription of Forms.

5353.201-95(a) Selection, Appointment, and Termination of Appointment.

(a) AFSPC Form 145, APDP And Contracting Officer Training Data, is prescribed for use in appointing contracting officers as specified in AFSPCFARS 5301.603-2, 5301.603-3, and 5301.603-4.

5353.201-95(b) Content of the Request for Business Clearance
(RBC), Related Documents.

(a) AFSPC Form 33, Solicitation/Contract File Folder Index is prescribed for use in 5301.9008(b)(5), 5301.9011(c), 5314.202-6(a) and 5315.408-9500(a) for filing of solicitation and contract documents in the contract file.

5353.204 Administrative Matters

5353.204-70 Individual Contracting Action Report (DD 350).

5353.204-70(a)(3), Item A3 - Contracting Office Code. To complete item A3, enter the appropriate contracting office code shown below. To control numbering and distribution of DD Form 350's, numbers must be assigned from a log to ensure report numbering on a sequential basis, with no number being skipped or duplicated.

PURCHASING
OFFICE CODE
(ITEM A3)

21 CONS/LGC 0CA03
Peterson AFB CO

21 CONS/Det 1 0CA05
Copenhagen DA

750 LSS/LGC 0CA06
Onizuka AFB CA

30 CONS/LGC 0CA07
Vandenberg AFB CA

45 CONS/PK 0CA08
Patrick AFB FL

45 CONS/PK 0CA09
Patrick AFB FL

50 LSS/ 0CA11
Falcon AFB CO

53-1
5353.245 AFSPCFARS 6 January 1995

30 CONS/LGC 0CA12
Vandenberg AFB CA

73 MSSQ/PK 0CA13
Falcon AFB, CO

NTF/POA
Falcon AFB CO 0CA14

90 CONS/LGC
F.E. Warren AFB WY 0CA15

341 CONS/LGC 0CA16
Malstrom AFB MT

5353.214 Invitation for Bids (IFB) review and notification.

(i)(Added) AFSPC Form 52, Contract Award Information, is prescribed for use in notifying unsuccessful bidders of a contract award as specified in AFSPCFARS 5314.408-1(a)(1).

5353.215 Contracting by Negotiation.

5353.215-95 Price Negotiation Memorandum Checklist.

(a) AFSPC Form 25, Price Negotiation Memorandum, is prescribed for use when a PNM is required as specified in AFSPCFARS 5315.808(a).

5353.245 Appointment of property administrators and plant clearance officers.

(a) AFSPC Form 65 is prescribed for use in appointing Plant Clearance Officers as specified in AFSPCFARS 5345.7001-9501.

(b) AFSPC Form 66 is prescribed for use in appointing Property Administrators as specified in AFSPCFARS 5345.7001-9501.

OFFICIAL
JOSEPH W. ASHY
General, USAF
Commander

ROBERT F. KOENIG
Colonel, USAF
Director of Information Management

53-2