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.

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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.

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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.

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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.

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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

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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.

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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.

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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.

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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 <