MP5301 - Federal Acquisition Regulations System
2019 Edition
Revised: June 2023
MP5301.6 - CAREER DEVELOPMENT, CONTRACTING AUTHORITY, AND RESPONSIBILITIES
MP5301.601 (a)(i) Department of the Air Force Approval Authority Matrices
1.0 Contracting Officer Roles and Responsibilities
2.0 COR Roles and Responsibilities
4.0 OGE 450 Determination and Processing
5.0 Quality Assurance Program Coordinator (QAPC)
6.0 Memorandum Templates and Contract Training Syllabus
MP5301.603-90 Selection, Appointment, and Termination of Appointment of Contracting Officers
MP5301.9001 (i)(1)(i)- Business Clearance Approval by the DAS(C)/ADAS(C)
MP5301.9001a (A) Business Clearance Approval for Non-Competitive Actions
MP5301.9001b (B) Business Clearance Approval for Competitive Actions
MP5301.9001i2vi - Clearance Approval when the HCA is SSC/PK Director
MP5301.6 - CAREER DEVELOPMENT, CONTRACTING AUTHORITY, AND RESPONSIBILITIES
MP5301.601 (a)(i) Department of the Air Force Approval Authority Matrices
2023 Edition
Tables 1 and 2 consist of delegations (or retentions) of authority made by the Department of the Air Force Agency Head (HoA), Senior Procurement Executive (SPE), Service Acquisition Executives (SAEs), and Head of Contracting Activities (HCAs). The Tables do not contain authorities originally invested somewhere other than those positions (e.g., certain class deviations which must be approved by DPC). Table 3 reflects the authority to enter into, approve, or terminate Grants, Cooperative Agreements, Other Transactions and Procurements for Experimental purposes—including the issuance of a warrant for such purposes.
TABLE 1 – SAF/AQ NON-SPACE SYSTEMS AND PROGRAMS:
SAF/AQ is authorized to execute HoA, SAE, and SPE responsibilities for non-space systems and programs, including product support, unless otherwise noted in regulations or policy. For non-space systems and programs, including product support SAF/AQC (Deputy Assistant Secretary (Contracting) or the Associate Deputy Assistant Secretary (Contracting)) is designated HCA. Documents requiring HCA approval by SAF/AQC shall be submitted through the SCO to the SAF/AQC Workflow. Approvals from SAF/AQ, SecAF, or DPC require coordination from SAF/AQC.
Packages submitted to SAF/AQ shall include an electronic Staff Summary Sheet (eSSS) in the body of the email or as an attachment (Word document only). Include any applicable documentation and list each attachment under “Tabs” on the eSSS using the exact electronic file name (e.g., ACE Acquisition Strategy) of the corresponding attachment. Changes recommended during the staffing process must be adjudicated by the contracting officer. Submit questions or concerns regarding processing packages that require SAF/AQ approval to SAF/AQC Workflow.
TABLE 2 SAF/SQ SPACE SYSTEMS AND PROGRAMS:
SAF/SQ is authorized to execute HoA, SAE, and certain SPE responsibilities for space systems and programs, unless otherwise noted in regulation or policy. For space related systems and programs, the SSC/PK Director, the Space Development Agency (SDA) Director, or Space RCO (SpRCO) Director of Contracting are designated HCAs. Submit documents requiring HCA coordination or approval to the cognizant HCA workflow identified in DAFFARS 5302.101. Approvals from SAF/AQ, SAF/SQ, DPC, or SecAF require coordination from the HCA.
NOTE : Further Delegable Columns with “No” indicate retained responsibilities or those that are non-delegable or cannot be delegated further per regulation or statute. Further Delegable Columns with “Yes” require written delegations approved by the Delegated Authority reflected.
| TABLE 1 SAF/AQ NON-SPACE SYSTEMS AND PROGRAMS (WHEN HCA IS SAF/AQC) | FOR MASTER FILE ONLY | ||||
| Item | Reference | Responsibility/Designee | Original Authority | Delegated Authority | Further Delegable |
| 1 | FAR 1.602-3(b)(2) and (3) DAFFARS 5301.602-3(b)(2) | Ratification of unauthorized commitments, subject to the limitations in FAR 1.602-3(c) at or above SAT. | HCA unless agency designates higher level, further delegable no lower than COCO
| SCO | No |
| 2 | FAR 1.602-3(b)(2) and (3) DAFFARS 5301.602-3(b)(2) | Ratification of unauthorized commitments, subject to the limitations in FAR 1.602-3(c) below SAT. | HCA unless agency designates higher level, further delegable no lower than COCO | COCO | No |
| 3 | DAFFARS 5301.601(a)(i)(A)
| Authority to enter into, approve, or terminate Grants, Cooperative Agreements, Other Transactions and Procurements for Experimental purposes—including the issuance of a warrant for such purposes. | HoA | See Table 3 | See Table 3 |
| 4 | DAFFARS 5301.601(a)(i)(A) DAFFARS 5301.603-1 | Authority to enter into, approve, modify, and terminate contracts—including the issuance of a Contracting Officer warrant for such purposes. | HoA | SCO | Yes |
| 5 | FAR 52.203-3 DAFFARS 5303.202 | Determines, after notice and hearing, that contractor or representative offered or gave a gratuity to officer, official, or Government employee and intended, by the gratuity, to obtain a contract or favorable treatment under a contract; and determines amount of exemplary damages (between 3 and 10 times cost incurred by contractor in giving gratuities to person concerned). | HoA or designee | SAF/AQC | No |
| 6 | FAR 3.104-2(a) DAFFARS 5303.104-2(a) | Approves agency supplementation of 3.104 including specific definitions to identify individuals who occupy positions specified in 3.104-3(d)(1)(ii), and any clauses required by 3.104. | SPE unless law establishes a higher level | SAF/AQ | No |
| 7 | FAR 3.104-5(c)(2) DAFFARS 5303.104-3(c)(1)(ii) DAFFARS 5303.104-5(c)(2) | Authorizes the disqualified official to resume participation in the procurement or determine that an additional disqualification period is necessary. (See DAFFARS 5303.104-5(c)(2) when the disqualified official is the SCO or the HCA). | HCA | SCO | No |
| 8 | FAR 3.104-7 DAFFARS 5303.104-7(f) | Reviews and takes appropriate action on information that a reported violation or possible violation of a present or former government official or someone advising that official knowingly disclosed contractor bid or proposal information or source selection information before award. | HCA | SCO, only if GO or SES; otherwise, SAF/AQC | No |
| 9 | DFARS 203.570-2(a) DAFFARS 5303.570-2(a) | Grants waiver in the interest of national security that the prohibition period described in Paragraph (b) of clause 252.203-7001 may be less than 5 years. | HoA or designee | SAF/AQC | No |
| 10 | DFARS 203.570-2(b) DAFFARS 5303.570-2(b) | Makes written determination that the prohibition period described in Paragraph (b) of clause 252.203-7001 may be more than 5 years. | HoA or designee | SAF/AQC | No |
| 11 | FAR 3.602 DAFFARS 5303.602
| Authorizes contract award to a Government employee or to a business concern owned or controlled by a Government employee and only if there is a most compelling reason to do so per FAR 3.602. | HoA or designee not below HCA | SAF/AQC | No |
| 12 | FAR 3.704(c) DAFFARS 5303.704(c) | Considers, in addition to any penalty prescribed by law or regulation--suspension or debarment proceedings, voiding and rescinding contracts for a contractor convicted of any offense relating to contracts with the agency. | HoA or designee | SCO | No |
| 13 | FAR 3.906(c) DFARS 203.906(1) DAFFARS 5303.906(c)(1) | Takes required actions regarding reprisals as prohibited by 203.903 (10 USC 4701). | HoA or designee | SAF/AQC | No |
| 14 | FAR 3.1104(b) DAFFARS 5303.1104(b)
| Determines in writing that such action in FAR 3.1104(a) is in the best interest of the Government (HCA may impose conditions that provide mitigation of a personal conflict of interest or grant a waiver). | HCA-shall not be redelegated | SAF/AQC | No |
| 15 | FAR 5.102(a)(5)(iii) DAFFARS 5305.102(a)(5)(iii) | Makes written determination that availability of a solicitation through the GPE is not in the Government's interest. | SPE | SAF/AQC | No |
| 16 | FAR 5.202(b) DAFFARS 5305.202(b) | Makes written determination after consult with Administrator for Federal Procurement Policy and the Administrator of the Small Business Administration that advance notice of proposed contract action is not appropriate or reasonable. | HoA | SAF/AQC | No |
| 17 | DFARS 205.502(a) DAFFARS 5305.502(a) | Approves the publication of paid advertisements in newspapers. | HCA | SCO | Yes, one level above CO |
| 18 | DFARS 206.302-1(a)(2)(i)(1) DAFFARS 5306.302-1(a)(2)(i)(1) | Determines if agency can enter into contracts for studies, analyses, or consulting services on the basis of an unsolicited proposal without providing for full and open competition. | HCA or designee no lower than COCO | SCO | Yes, no lower than COCO |
| 19 | FAR 6.302-1(d) DFARS 206.302-1(d) DFARS PGI 206.302-1(d) DAFFARS 5306.302-1(d)
| Approves waiver to post request for information or sources sought notices when using J&A authority FAR 6.302-1. | HCA or designee no lower than GO/FO/SES | SCO if GO or SES or MAJCOM SCO if GO or SES; otherwise, SAF/AQC | No |
| 20 | DFARS 206.302-4(c) DAFFARS 5306.302-4(c) | Approves a document (AFFARS prescribes use of International Agreement Competitive Restrictions (IACR)) that describes the terms of an agreement or treaty or written directions, such as a Letter of Offer and Acceptance, which have the effect of requiring the use of other than competitive procedures. J&A is not required. | HCA | CO | No |
| 21 | FAR 6.304(a)(4) DAFFARS 5306.304(a) | Approves in writing the justification for other than full and open competition for proposed contracts over $100M. | SPE – not delegable | SAF/AQ | No |
| 22 | FAR 7.107-2(b) DAFFARS 5307.107-2(b) | Determines that consolidation is necessary and justified if the benefits of the acquisition would substantially exceed the benefits that would be derived from each of the alternative contracting approaches identified under paragraph (a)(2). | SPE | SCO | No |
| 23 | FAR 7.107-2(e) DAFFARS 5307.107-2(e) | Determines that consolidation is necessary and justified when the expected benefits do not meet the thresholds for a substantial benefit at paragraph (d)(1) of this subsection but are critical to the agency's mission success; and the procurement strategy provides for maximum practicable participation by small business. | SPE | SCO | No |
| 24 | FAR 7.107-3(a) DAFFARS 5307.107-3(a)
| Makes written determination that the bundling is necessary and justified in accordance with 15 U.S.C. 644(e) after ensuring that conditions at (a)-(e) are met. | HoA | SAF/AQ | No |
| 25 | FAR 7.107-3(f)(1) DAFFARS 5307.107-3(f)(1) | Determines that bundling is necessary and justified when the expected benefits do not meet the thresholds for a substantial benefit but are critical to the agency's mission success; and the procurement strategy provides for maximum practicable participation by small business. | SPE, not delegable | SAF/AQ | No |
| 26 | DFARS 207.470(b) DAFFARS 5307.470(b) | Approves acquisition for vessel/aircraft/vehicle through a lease/charter/similar agreement for 18 months or more. | HCA | SCO | No |
| 27 | FAR 8.404(h)(3)(ii)(C) DAFFARS 5308.404(h)(3)(ii)(C) | Approves D&F when the total performance period, including options, of a T&M/LH order is more than three years. | HCA | SCO | Yes, no lower than the COCO |
| 28 | FAR 8.405-3(a)(3)(ii) DAFFARS 5308.405-3(a)(3)(ii) | Determination (in writing) to award single-award Blanket Purchase Agreement with an estimated value exceeding $100 million (including any options). | HoA | SCO | No |
| 29 | FAR 8.405-6(b)(3)(ii)(C) DAFFARS 5308.405-6(b)(3)(ii)(C) | Makes written determination that access through e-Buy not in Government's interest. | SPE | SAF/AQC | No |
| 30 | FAR 8.405-6(d)(4) DAFFARS 5308.405-6(d) DAFFARS 5306.304(a) | Approves the justification for limited sources under a BPA with an estimated value over $100M. | SPE – not delegable | SAF/AQ | No |
| 31 | FAR 9.202(a) DFARS PGI 209.202(a)(1) DAFFARS 5309.202(a)(1) | Is the designee referenced in FAR 9.202(a) (inclusion of other qualification requirements). | HoA or designee | SCO | Yes, no lower than the COCO |
| 32 | FAR 9.206-1(b) DAFFARS 5309.206-1(b) | Is the designee referenced in FAR 9.206-1(b) (enforcing qualification requirements). | HoA or designee | SCO | Yes, no lower than COCO |
| 33 | DFARS 209.270-3(a) DAFFARS 5309.270-3(a) | Approves a contract for procurement, modification, repair, or overhaul of an aviation critical safety item with a source approved by the head of the design control activity. | HCA | SCO | Yes, no lower than the COCO |
| 34 | FAR 9.405(a) DAFFARS 5309.405(a) | Determines compelling reason exists to solicit offers from, award contracts to, or consent to subcontracts with contractor debarred, suspended, or proposed for debarment. | HoA | SAF/AQC | No |
| 35 | DFARS 209.405(b)(ii)(A) DAFFARS 5309.405(b)(ii)(A) | Grants exemption permitting award to contractor that has violation of Clean Air or Clean Water Act. | HoA, delegable no lower than GO or SES | SAF/AQC | No |
| 36 | FAR 9.405(e)(2)-(3) DAFFARS 5309.405(e)(2)-(3) | Makes written determination of the compelling reason to consider bid received from, evaluate for award, include in competitive range or hold discussions with listed contractor. | HoA | SAF/AQC | No |
| 37 | FAR 9.405-1(a)(1) DAFFARS 5309.405-1(a)(1) | Directs discontinuance of contracts or subcontracts in existence at time contractor was debarred, suspended, or proposed for debarment. | HoA | SAF/AQC | No |
| 38 | FAR 9.405-1(a)(2) DAFFARS 5309.405-1(a)(2) | For contractors debarred, suspended, or proposed for debarment, makes written determination of the compelling reasons to place orders exceeding the guaranteed minimum; place orders under FSS, BPAs, or BOAs; or add new work, exercise options, or otherwise extend duration or current contracts or orders. | HoA | SAF/AQC | No |
| 39 | FAR 9.405-2(a) DFARS 209.405-2(a) DAFFARS 5309.405-2(a) | States in writing that compelling reason exists for CO to consent to proposed subcontracts with contractors debarred, suspended, or proposed for debarment, or that the Secretary of Defense has identified in SAM Exclusions as being owned or controlled by the government of a country that is a state sponsor of terrorism. | HoA | SAF/AQC | No |
| 40 | FAR 9.503/ 9.506(d)(3) DAFFARS 5309.503 DAFFARS 5309.504(c) | Waives FAR 9.5 requirements -- Organizational and Consultant Conflicts of Interest (OCI). | HoA or designee | SAF/AQC | No |
| 41 | DFARS 209.571-7(c)(1) DAFFARS 5309.571-7(c)(1) | Determines an exception to Limitation on Future Contracting in systems engineering and technical assistance contracts is necessary. | HCA – cannot be delegated | SAF/AQC | No |
| 42 | FAR 11.103(a) DAFFARS 5311.103(a) | Require offerors to demonstrate that items offered have (1) either achieved market acceptance or been satisfactorily supplied to an agency under current or recent contracts for the same or similar requirements, and (2) otherwise meet the item description, specifications, or other criteria prescribed in the public notice and solicitation. | HoA | CO | No |
| 43 | DFARS 211.274-2(b)(1) DAFFARS 5311.274-2(b)(1)
| Determines the items are to be used to support a contingency or humanitarian or peacekeeping operation; to facilitate defense against or recovery from nuclear, biological, chemical, or radiological attack; to facilitate the provision of international disaster assistance; or to support response to an emergency or major disaster and, therefore, contractor not required to provide DoD IUID. | HCA | SCO | No |
| 44 | DFARS 211.274-2(b)(2)(i)(A) DAFFARS 5311.274-2(b)(2)(i)(A) | Executes D&F that it is more cost effective for the Government to assign, mark, and register the unique item identifier after delivery, & item acquired from SB concern or is commercial acquired under FAR Part 12 or 8 for an ACAT I program. | SAE | PEO | No |
| 45 | DFARS 211.274-2(b)(2)(i)((B) DAFFARS 5311.274-2(b)(2)(i)(B) | Executes D&F that it is more cost effective for the Government to assign, mark, and register the unique item identifier after delivery, & item acquired from SB concern or is commercial acquired under FAR Part 12 or 8 for all other programs. | HCA | SCO | No |
| 46 | FAR 11.501(d) DAFFARS 5311.501(d) | Waives or reduces the amount of liquidated damages assessed under a contract if Commissioner, Financial Management Service, or designee approves (see Treasury Order 145-10). | HoA | SAF/AQC | No |
| 47 | DFARS 212.102(a)(ii)(B) DAFFARS 5312.102(a)(ii)(B) | If the contracting officer challenges an existing commercial product or commercial service determination, either confirm the prior determination was appropriate and still applicable, or issue a determination that the prior use of FAR Part 12 procedures was improper, or no longer appropriate, with a written explanation for the basis of the determination. | HCA | SCO | No |
| 48 | DFARS 212.207(b)(iii) DAFFARS 5312.207(b)(iii)
| For any class D&F, approves written determination by the contracting officer to use T&M or LH for commercial services contracts.
| HoA IAW Class Deviation until rescinded & PM 20-C-09 as incorporated | SAF/AQC | |
| 49 | DFARS 212.207(b)(iii) DAFFARS 5312.207(b)(iii)
| For an individual D&F if the base period plus any option period exceeds 3 years regardless of T&M/LH value, or if the T&M/LH value exceeds $10M, approves written determination by the contracting officer to use T&M or LH for commercial services contracts. | HoA IAW Class Deviation until rescinded & PM 20-C-09/-10 as incorporated | SCO | No |
| 50 | DFARS 212.207(b)(iii) DAFFARS 5312.207(b)(iii)
| For an individual D&F if the base period plus any option period is 3 years or less & the T&M/LH value is less than or equal to $10M, approves written determination by the contracting officer to use T&M or LH for commercial services contracts.
| HoA IAW Class Deviation until rescinded & PM 20-C-09/-10 as incorporated | SCO | Yes, 1-level above the CO |
| 51 | DFARS 212.272(b)(2)(i) DAFFARS 5312.272(b)(2)(i) | For contracts above $10M, determines no commercial services are suitable to meet the agency’s needs for facilities related services, knowledge-based services (e.g., Advisory and Assistance Services excluding engineering services), medical services, or transportation services. | HCA | SCO | Yes, no lower than the COCO |
| 52 | DFARS 212.302(c) DAFFARS 5312.302(c) | Waiver authority for tailoring provisions and clauses for acquisition of commercial products and commercial services under FAR 12.302(c). | HCA | SCO | No |
| 53 | FAR 14.201-7(b)(2) and (c)(2) DAFFARS 5314.201-7(b)(2) and (c)(2) | Waives the requirement for inclusion of FAR clauses 52.214-27 and 52.214-28 in a contract with a foreign government or agency of that government. | HCA | SCO | No |
| 54 | FAR 14.407-3(e) DAFFARS 5314.407-3(e) | Make administrative determinations in connection with mistakes in bids alleged after opening of bids and before award. | HoA | COCO | No |
| 55 | DFARS PGI 215.300 (DoD Source Selection Procedures) 1.2.3 DAFFARS MP5315.3 1.2.3 | Waives requirements of DoD Source Selection Procedures paragraph 1.2 for solicitations valued between $10M and $1B | SPE | SCO | No |
| 56 | DFARS 215.371-5 DAFFARS 5315.371-5 | Waives the requirement at DFARS 215.371-2 to resolicit for an additional period of at least 30 days when only one offer is received as a result of a compe`titive solicitation allowing fewer than 30 days for receipt of proposals. | HCA – no lower than 1-level above CO | SCO | Yes, no lower than the COCO |
| 57 | Class Deviation 2022-O0005 Rev 1 DAFFARS 5315.403-1(b) | Determines certified cost or pricing data should be required based on past performance or other information specific to the award.
| HCA | SCO | No |
| 58 | FAR 15.403-1(c)(4) DFARS 215.403-1(c)(4)(A) DAFFARS 5315.403-1(c)(4)(A) | Waives requirement for submission of certified cost or pricing data in exceptional cases. | HCA – w/o power of delegation | SAF/AQC | No |
| 59 | FAR 15.403-3(a)(4) DAFFARS 5315.403-3(a)(4)
| Approves determination to make award without offeror submission of data other than certified cost or pricing data.
| HCA, delegable no lower than one level above CO | SCO | No |
| 60 | DFARS PGI 215.403-3(a)(6)(ii) DAFFARS 5315.403-3(a)(6)(ii) | Provides quarterly information within 25 days following the end of the quarter using Contractor Denials of Data Requests.
| HCA | SCO | No |
| 61 | FAR 15.403-4(a)(2) DAFFARS 5315.403-4(a)(2) | Authorizes CO to obtain certified cost or pricing data for actions below the threshold in FAR 15.403-4(a)(1), provided the action exceeds the SAT. | HCA – w/o power of delegation | SAF/AQC | No |
| 62 | Class Deviation 2022-O0005 Rev 1 DAFFARS 5315.404-2 | Determines that auditing of records should be required based on past performance or other information specific to the award. | HCA | SCO | No |
| 63 | DFARS 215.404-4(c)(2)(C)(2) DAFFARS 5315.404-4(c)(2)(C)(2) | Approves the use of the alternate structured approach for Profit (see DFARS 215.404-73). | HCA | SCO | Yes, no lower than the COCO |
| 64 | DFARS 215.407-3(b)(i) DAFFARS 5315.407-3(b)(i) | Waives on a case-by-case basis, the use of forward pricing rate agreement (FPRA) rates when such rates are available. | HCA | SCO | No |
| 65 | DFARS PGI 215.407-4(c)(2)(B) DAFFARS 5315.407-4(c)(2)(B) | Requests an overhead should-cost review for a contractor business unit that does not meet the criteria found in DFARS PGI 215.407-4(c)(2)(A). | HCA | SCO | No |
| 66 | DFARS 215.408(2)(i)(A)(2) DFARS 225.870-4(c)(2)(ii) DAFFARS 5315.408(2)(i)(A)(2) | Approve determination (when contracting with the Canadian Commercial Corporation) that data other than certified cost or pricing data are needed in order to determine that the price is fair and reasonable. | HCA or designee no lower than 2-lvls above the CO | SCO | Yes, no lower than 2-levels above the CO |
| 67 | DFARS 215.408(2)(ii)(A)(2) DFARS 225.870-4(c)(2)(ii) DAFFARS 5315.408(2)(ii)(A)(2) | Approve determination (when contracting with the Canadian Commercial Corporation) that it is reasonably certain that data other than certified cost or pricing data will be needed in order to determine that the price of modifications is fair and reasonable. | HCA or designee no lower than 2-lvls above the CO
| SCO | Yes, no lower than 2-levels above the CO |
| 68 | FAR 16.206-3(d) DAFFARS 5316.206-3(d) | Approves the use of a fixed-ceiling-price contract with retroactive price redetermination. | HCA or higher if required by agency | SAF/AQC | No |
| 69 | FAR 16.401(d) DFARS 216.401(d)(i) DAFFARS 5316.401(d)(i) | Approves D&F to justify that the use of an award-fee contract is in the best interest of the government. | HCA or designee no lower than 1 level below the HCA | SCO | No
|
| 70 | FAR 16.401(d) DFARS 216.401(d)(ii) DAFFARS 5316.401(d)(ii) | Approves D&F to justify that the use of an incentive contract is in the best interest of the government. | HCA or designee no lower than 1-lvl above the CO | SCO | Yes, no lower than 1-level above the CO |
| 71 | FAR 16.401(e)(3)(I) DAFFARS 5316.401(e)(3)(i)
| Designate the Fee Determining Official on an individual contract or class basis. This designation may be made by name, position, or function, without limitation. | FDO unless otherwise authorized in agency procedures | PEO for PEO designated programs or SCO for all other programs | Yes |
| 72 | DFARS 216.405-2(1) DAFFARS 5316.405-2(1) | Approves setting the percentage of award fee available for the final evaluation below 40 percent if the contracting officer determines that a lower percentage is appropriate. | HCA – may not delegate | SAF/AQC | No |
| 73 | FAR 16.505(b)(2)(ii)(C)(4) DAFFARS 5316.505(b)(2) | Approves the justification for exceptions to fair opportunity for a proposed order over $100M. | SPE – not delegable | SAF/AQ | No |
| 74 | FAR 16.601(d)(1)(ii) DFARS 216.601(d)(i)(A)(3) DAFFARS 5316.601(d)(i)(A)(3) | Approves a D&F that a listed exception applies. | HCA | SAF/AQC | No |
| 75 | FAR 16.603-2(c)(3) DAFFARS 5316.603-2(c)(3) | Approves the determination of a reasonable price or fee if the CO & contractor fail to reach agreement. | HCA | SCO | No |
| 76 | FAR 16.603-3 DAFFARS 5316.603-3 | Determines a letter contract may be used if no other contract type is suitable. | HCA or designee | SCO | Yes, below $50M but no lower than the COCO |
| 77 | FAR 17.105-1(b) DAFFARS 5317.105-1(b) | Enters into a multi-year contract (MYC) for supplies (DoD) if conditions at (b)(1)-(5) are met. | HoA | PEO for PEO designated programs
SAF/AQC for all other programs | No |
| 78 | FAR 17.106-3(f) DAFFARS 5317.106-3(f) | Authorizes the use of a solicitation requesting only multi-year prices, provided that dual proposals are not necessary to meet the objectives in FAR 17.105-2. | HCA | SCO | No |
| 79 | FAR 17.106-3(g) DAFFARS 5317.106-3(g) | Approves the use of variable unit prices on multi-year contracts provided that, for competitive proposals, there is a valid method of evaluation. | HCA | SCO | No |
| 80 | DFARS 217.170(a) DAFFARS 5317.170(a) | Compares cost if MYC to cost of an annual procurement approach, using present value analysis; award only if MYC will result in the lower cost. | HoA | PEO for PEO designated programs
SAF/AQC for all other programs | |
| 81 | DFARS 217.170(b) DAFFARS 5317.170(b) | Provides written notice to the congressional defense committees at least 30 days before termination of any MYC. | HoA | PEO for PEO designated programs
SAF/AQC for all other programs | No |
| 82 | DFARS 217.171(c) DAFFARS 5317.171(c) | Makes written determination before entering into a MYC that the conditions at (c)(1)-(3) are met. | HoA | PEO for PEO designated programs
SAF/AQC for all other programs | No |
| 83 | DFARS 217.172(f)(2) DAFFARS 5317.172(f)(2) | Determines the conditions required by DFARS 217.172(h)(2)(i)-(vii) will be met by a multi-year contract equal to or greater than $750M. | HCA | SCO | No |
| 84 | DFARS 217.172(g) DAFFARS 5317.172(g) | Enters into a MYC for a weapon system pursuant to DFARS 217.172(g)(1) or advance procurement of components, parts, and materials necessary to manufacture a weapon system pursuant to DFARS 217.172 (g)(2) | HoA | SAF/AQC | No |
| 85 | DFARS 217.172(h) DAFFARS 5317.172(h) | Ensures that the conditions at (h)(1)-(7) are satisfied before awarding a MYC for a defense acquisition program that has been specifically authorized by law to be carried out using MYC authority. | HoA | PEO for PEO designated programs
SAF/AQC for all other programs | No |
| 86 | DFARS 217.173 DAFFARS 5317.173 | Enters into aMYC for up to 4 years (for supplies and services required for management, maintenance, and operation of military family housing) and pay for each year from annual appropriations. | HoA | PEO for PEO designated programs
SAF/AQC for all other programs | No |
| 87 | DFARS 217.174(b) DAFFARS 5317.174(b) | Determines, on the basis of a business case analysis, that the proposed purchase of electricity from sources of renewable energy under such contract is cost effective; and it would not be possible to purchase electricity from the source in an economical manner without the use of a contract for a period in excess of five years. | HCA | SCO | No |
| 88 | DFARS 217.204(e)(i)(C) DAFFARS 5317.204(e)(i)(C) | Determines in writing that exceptional circumstances require an ordering period that exceeds 10 years. | HoA | PEO for PEO designated programs
SAF/AQC for all other programs | No |
| 89 | DFARS 217.204(e)(iii) DAFFARS 5317.204(e)(iii) | Approves issuance of an order subject to 217.204(e)(i) if performance under the order is expected to extend more than 1 year beyond the 10-yr limit or extended limit described in (e)(i)(C).
| SPE | PEO for PEO designated programs
SAF/AQC for all other programs | No |
| 90 | FAR 17.502-2(c)(2) DAFFARS 5317.502-2(c)(2) | Approves D&F for an Economy Act order to obtain supplies or services by interagency acquisition when the servicing agency is not covered by the FAR. | SPE, not delegable | SAF/AQ | No |
| 91 | FAR 17.703(e) DAFFARS 5317.703(e) | Determine in writing that it is necessary in the interest of DoD to acquire supplies and services through the nondefense agency during the fiscal year, absent certification required by 17.703(a). | SPE – no lower than HCA | SAF/AQC | No |
| 92 | DFARS 217.7404(a)(1)(ii) DFARS 217.7404-1 DAFFARS 5317.7404(a)(1)(iii) DAFFARS 5317.7404-1 | Approves Undefinitized Contract Actions (UCA), to include Foreign Military Sales & including requirements for non-urgent spare parts and support equipment in a UCA; or modifying the scope of a UCA when performance has already begun. | HCA | SCO | Yes, below $50M no lower than the COCO |
| 93 | DFARS 217.7404(b)(2) DFARS 252.217-7027(c) DAFFARS 5317.7404(b)(2) | Approves unilateral definitizations by the Contracting Officer (in writing) for UCAs with a value greater than $50M.
| HCA w/o power of redelegation for any UCA value greater than $50M | SAF/AQC | No |
| 94 | DFARS 217.7404(b)(2) DFARS 252.217-7027(c) DAFFARS 5317.7404(b)(2) | Approves unilateral definitizations by the Contracting Officer (in writing) for UCAs with a value of $50M or below.
| N/A | SCO | Yes, no lower than the COCO |
| 95 | DFARS 217.7404-3(a)(1) DAFFARS 5317.7404-3(a)(1) | Determines in writing that extending definitization beyond an additional 90 days is in the best interest of the Government. | HCA w/o power of redelegation | SAF/AQC | No |
| 96 | DFARS 217.7404-5(b) DAFFARS 5317.7404-5(b) | Waives limitations of 217.7404(a) Foreign military sales contracts; 217.7404-2 Price ceiling; 217.7404-3 Definitization schedule; and 217.7404-4 Limitations of obligations, if necessary to support cont. ops or humanitarian/peacekeeping op. | HoA | HCA | No |
| 97 | DFARS PGI 217.7504(4)(ii) DAFFARS 5317.7504(4)(ii) | Authorizes reverse engineering. | HCA | SCO | No |
| 98 | DFARS 217.7505(b) DAFFARS 5317.7505(b) | Contracting Officer submits certification for a replenishment part price increase that increased by 25 percent or more over the most recent 12-month period to the appropriate authority. | HCA | SCO | No |
| 99 | FAR 18.125 DAFFARS 5318.125 | Determines that the contracting process may continue after GAO has received a protest (See FAR 33.104(b) and (c)). | HCA on non-delegable basis per 33.104 | SAF/AQC | No |
| 100 | FAR 18.2 FAR 18.201 DFARS 218.271 DFARS 218.202 DFARS 218.201(2) DFARS 218.201 DAFFARS 5318.202 DAFFARS 5318.201(c)(2) DAFFARS 5318.201(c) DAFFARS 5318.201(b) DAFFARS 5318.271(S-90) DAFFARS 5318.271
Associated References FAR 2.101, paragraph (3) FAR 2.101 FAR 12.102(f)(1) FAR 13.500(c)(1) FAR 13.201(g)(1) DFARS 211.274-2(b)(1) DFARS 215.371-4(a)(2) DFARS 216.601(d)(i)(A)(3) DAFFARS 5311.274-2(b)(1) DAFFARS 5312.102(f)(1) DAFFARS 5313.201(g)(1) DAFFARS 5313.500(c)(1) DAFFARS 5315.371-4(a)(2) DAFFARS 5316.601(d)(i)(A)(3)
| Determines that micro-purchases and simplified acquisitions of supplies or services (or the supplies or services themselves as applicable) are to be used in support of a contingency operation; to facilitate defense against or recovery from cyber, nuclear, biological, chemical, or radiological attack; to facilitate the provision of international disaster assistance; or to support response to an emergency or major disaster. | Various | SCO | Yes, no lower than COCO |
| 101 | FAR 19.201(b) DAFFARS 5319.201(b) | Implements small business programs within their activities, achieve program goals, and ensure contracting personnel maintain knowledge of program requirements. | HCA | SCO | No |
| 102 | DFARS 219.201(c)(8) DAFFARS 5319.201(c)(8) | Assigns small business technical advisors to perform this function in accordance with DFARS 219.201(c)(8). | HCA | SCO | No |
| 103 | FAR 19.502-8(b) DFARS 219.502-8(b) DAFFARS 5319.502-8(b) | Renders a decision regarding the CO’s rejection of an SBA recommendation. | HCA | SCO | Yes, no lower than the COCO |
| 104 | FAR 19.1305(d)(2) DAFFARS 5319.1305(d)(2) | Determines not to suspend action on the acquisition because urgent and compelling circumstances exist. | HCA | SCO | No |
| 105 | FAR 19.1405(d) DAFFARS 5319.1405(d) | Determines not to suspend action. Replies to SBA after receipt of a formal appeal from SBA concerning rejection of a set-aside for Service-disabled Veteran-owned Small Business. | HCA | SCO | No |
| 106 | FAR 19.1505(i)(3) DAFFARS 5319.1505(i)(3) | Issues a written determination on SBA’s appeal of the CO rejection of SBA’s PCR recommendation.
| HoA | SAF/AQC | No |
| 107 | FAR 19.1505(i)(3) DAFFARS 5319.1505(i)(3) | Makes a written determination that urgent and compelling circumstances which significantly affect the interests of the United States compel award of the contract. | HoA | SAF/AQC | No |
| 108 | FAR 19.1505(i)(5) DAFFARS 5319.1505(i)(5) | Specifies in writing the reasons for a denial of an SBA formal appeal. | HoA or designee | SAF/AQC | No |
| 109 | FAR 22.101-1(e) DAFFARS 5322.101-1(e) | Designates programs for contractors to notify Government of actual or potential labor disputes. | HCA | SCO | Yes, no lower than the COCO |
| 110 | DFARS 222.101-3-70(b) DFARS PGI 222.101-3-70(b)(ii) DAFFARS 5322.101-3-70(b)(ii) | Submits impact reports on labor disputes to agency head when sufficient urgency warrants the attention of the agency head or when specifically requested. | HCA | SCO | No |
| 111 | FAR 22.406-13 DFARS 222.406-13 DAFFARS 5322.406-13 | For construction contracts, submits Semiannual Enforcement Reports to the labor advisor. | HCA | SCO | No |
| 112 | FAR 22.805(a)(8) DAFFARS 5322.805(a)(8) | Approves an urgent or critical award, without pre-award clearance from the Office of Federal Contract Compliance Programs (OFCCP), if OFCCP cannot complete the evaluation by required date. Applies for contracts/subcontracts $10M or more excluding construction. | HCA | SCO | No |
| 113 | FAR 22.1802(d) DAFFARS 5322.1802(d) | Waives the E-Verify requirement for a contract or subcontract or a class of contracts or subcontracts, either temporarily or for the period of performance. | HCA – may not be delegated | SAF/AQC | No |
| 114 | DFARS 222.7003 DAFFARS 5322.7003 | Waives the requirements of 222.7002 on case-by-case basis for national security. | HoA | SAF/AQC | No |
| 115 | DFARS PGI 223.370-4(1)(i)(A)(2) DAFFARS 5323.370-4(1)(i)(A)(2) | Waives the mandatory requirements for safety precautions for ammunition and explosives. | HCA | SCO | No |
| 116 | FAR 25.103(a) DFARS 225.103(a)(ii)(B)(1) DAFFARS 5325.103(a)(ii)(B)(1)
| Determines that domestic preference for foreign end product would be inconsistent with the public interest for acquisitions valued at or below SAT.
| 1-level above the CO | 1-level above the CO | No |
| 117 | FAR 25.103(a) DFARS 225.103(a)(ii)(B)(2) DAFFARS 5325.103(a)(ii)(B)(2)
| Determines that domestic preference for foreign end product would be inconsistent with the public interest for acquisitions with a value greater than SAT but less than $1.5M. | HCA | SCO | No |
| 118 | FAR 25.103(a) DFARS 225.103(a)(ii)(B)(3) DAFFARS 5325.103(a)(ii)(B)(3) | Determines that domestic preference for foreign end product would be inconsistent with the public interest for acquisitions valued $1.5M or more. | HoA | SAF/AQ for ACAT I Programs
SAF/AQC for other than ACAT I Programs | No |
| 119 | FAR 25.103(b)(2)(i) DFARS 225.103(b)(ii)(A) DAFFARS 5325.103(b)(ii)(A) DAFFARS MP5325.103(a)
| Approves determination that an article/material/supply is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality for acquisitions valued at or below SAT. | 1-level above the CO | 1-level above the CO | No |
| 120 | FAR 25.103(b)(2)(i) DFARS 225.103(b)(ii)(B) DAFFARS 5325.103(b)(ii)(B) DAFFARS MP5325.103(a)
| Approves determination that an article/material/supply is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality for acquisitions with a value greater than the SAT but less than $1.5M. | COCO | COCO | No |
| 121 | FAR 25.103(b)(2)(i) DFARS 225.103(b)(ii)(C) DAFFARS 5325.103(b)(ii)(C) DAFFARS MP5325.103(a)
| Approves determination that an article/material/supply is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality for acquisitions valued at $1.5M or more. | HCA | SCO | |
| 122 | FAR 25.202(a)(1) DAFFARS 5325.202(a)(1) | Determines that application of the restrictions of the Buy American statute to a particular construction material would be impracticable or would be inconsistent with the public interest. | HoA | SAF/AQ for ACAT I Programs
SAF/AQC for other than ACAT I Programs | No |
| 123 | FAR 25.202(a)(2) DFARS 225.202(a)(2) DAFFARS 5325.202(a)(2) | Buy American Exception. Approves determination that a particular construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality for acquisitions valued above SAT.
| HCA | SCO | Yes, no lower than the COCO |
| 124 | FAR 25.202(a)(2) DFARS 225.202(a)(2) DAFFARS 5325.202(a)(2) | Buy American Exception. Approves determination that a particular construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality for acquisitions valued at or below SAT.
| HCA | SCO | Yes, no lower than 1-level above the CO |
| 125 | FAR 25.204(b) DAFFARS 5325.204(b) | Specifies a higher percentage than 20 percent that the CO adds to the offered price of any foreign construction material proposed for exception from the requirements of the Buy American statute based on the unreasonable cost of domestic construction materials. | HoA | SAF/AQ for ACAT I Programs
SAF/AQC for other than ACAT I Programs | No |
| 126 | DFARS 225.403(c)(ii)(A) DAFFARS 5325.403(c)(ii)(A) | Approves a national interest waiver for a purchase by an overseas purchasing activity if the product is critical for the support of U.S. forces stationed abroad. | HCA | SCO | No |
| 127 | FAR 25.603(a)(1)(i) DAFFARS 5325.603(a)(1)(i) | American Recovery and Reinvestment Act-Buy American Statute-Construction Materials. Approves determination that a particular construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality for acquisitions with a value greater than SAT. | HCA | SCO | Yes, but no lower than the COCO |
| 128 | FAR 25.603(a)(1)(i) DAFFARS 5325.603(a)(1)(i) | American Recovery and Reinvestment Act-Buy American Statute-Construction Materials. Approves determination that a particular construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory qualityfor acquisitions value at or below the SAT. | HCA | SCO | Yes, no lower than 1-level above the CO |
| 129 | FAR 25.603(a)(1)(iii) DAFFARS 5325.603(a)(1)(iii) | Determines that application of the restrictions of section 1605 of the Recovery Act to a particular manufactured construction material, or the restrictions of the Buy American statute to a particular unmanufactured construction material would be inconsistent with the public interest. | HoA | SAF/AQ for ACAT I Programs
SAF/AQC for other than ACAT I Programs | No |
| 130 | FAR 25.603(a)(2) DAFFARS 5325.603(a)(2) | Determines that application of the Buy American statute to a particular unmanufactured construction material would be impracticable. | HoA | SAF/AQ for ACAT I Programs
SAF/AQC for other than ACAT I Programs | No |
| 131 | FAR 25.603(b)(2) DAFFARS 5325.603(b)(2) | When a determination is made, for any of the reasons stated in FAR 25.603, that certain foreign construction materials may be used, provides a notice to the Federal Register within three business days after the determination of the inapplicability of Section 1605 of the Recovery Act is made, with a copy to the Administrator for Federal Procurement Policy and to the Recovery Accountability and Transparency Board. | HoA | SAF/AQC | No |
| 132 | FAR 25.1001(a)(2)(iii) DAFFARS 5325.1001(a)(2)(iii) | Executes D&F in accordance with 25.1001(b), that use of 52.215-2 w/Alt III or 52.212-5 w/Alt I will best serve interest of the United States. | HoA | SAF/AQC | No |
| 133 | DFARS 225.7008(b) DAFFARS 5325.7008(b) | Waives restrictions on certain foreign purchases under 10 U.S.C. 4864. | HCA | SCO | No |
| 134 | DFARS 225.7021-3 DAFFARS 5325.7021-3 | Determines that the disclosure requirements regarding use of facilities and employment of individuals who perform work in the People’s Republic of China would not be in the national security interests of the US. | SPE, not delegable | SAF/AQ | No |
| 135 | DFARS 225.7501(c) DAFFARS 5325.7501(c) | Any time during the acquisition process, determines that it is not in the public interest to apply the restrictions of the Balance of Payments Program to the end product or construction material. | HoA | SAF/AQC | No |
| 136 | DFARS 225.7703-2(b)(2)(i) DAFFARS 5325.7703-2(b)(2)(i) | Makes written determination that it is in the national security interest of the US to use a procedure in 225.7703-1(a) for products or services not limited to use by the military forces, police, or other security personnel of Afghanistan (individual action D&F with a value of less than $100M).
| HCA | SAF/AQC | No |
| 137 | DFARS 225.7703-2(b)(2)(ii) DAFFARS 5325.7703-2(b)(2)(ii)
| Makes written determination that it is in the national security interest of the US to use a procedure in 225.7703-1(a) for products or services not limited to use by the military forces, police, or other security personnel of Afghanistan (value of $100M or more) or to a class of acquisitions. | SAE w/o power of redelegation | SAF/AQ | No |
| 138 | FARS 26.203(b) DAFFARS 5326.203(b) | Determines in writing that transition to local firms is not feasible or practicable (individual or class basis). | HoA | SAF/AQC | No |
| 139 | FAR 27.201-2(e) DAFFARS 5327.201-2(e) | Approves to exempt U.S. patents from the patent indemnity clause. | HoA | SAF/AQC | No |
| 140 | FAR 27.306(a) DAFFARS 5327.306(a) | In contracts with small business concerns or nonprofits, approves and signs written justification allowing Government to require licensing to 3rd parties of inventions. May only authorize if (1) Use of the invention by others is necessary for the practice of a subject invention or for the use of a work object of the contract; and (2) Action is necessary to achieve the practical application of the subject invention or work object. | HoA – may not delegate this authority | SAF/AQ | No |
| 141 | FAR 28.105 DAFFARS 5328.105 | Approves using other types of bonds when acquiring particular supplies or services. | HCA | SCO | Yes, no lower than the COCO |
| 142 | FAR 28.106-2(a) DAFFARS 5328.106-2(a) | Approves the use of a new surety bond during the performance of the contract. | HCA | SCO | Yes, no lower than the COCO |
| 143 | FAR 28.106-6(c) DAFFARS 5328.106-6(c) | Provides a certified copy of the payment bond and the contract in accordance with FAR 28.106-6(c); including determining the reasonable and appropriate costs the requestor must pay. | HoA or designee | SCO | Yes, no lower than the CO |
| 144 | DFARS 228.311-1 DAFFARS 5328.311-1 | Waives the requirement for use of FAR clause 52.228-7, Insurance -- Liability to Third Persons. | HCA | SCO | No |
| 145 | DFARS 228.370(a)(2) DAFFARS 5328.370(a)(2) | Disallows the contractor to buy insurance for war-hazard losses. If so, the CO shall insert the clause at DFARS 252.228-7000. | HCA | SCO | No |
| 146 | FAR 30.201-5(a) DFARS 230.201-5(a) DAFFARS 5330.201-5(a) | Waive CAS applicability in accordance with the conditions at FAR 30.205-5(b). | HoA, delegable no lower than senior contract policy making level | SAF/AQC | No |
| 147 | FAR 30.202-6(b) DAFFARS 30.202-6(b) | Authorizes award of a CAS-covered contract w/o obtaining submission of the required disclosure statement. | HoA on a nondelegable basis | SAF/AQ | No |
| 148 | DAFFARS 5331 | Waives the requirements of FAR 31. | HCA | SCO | No |
| 149 | DAFFARS 5331
| Determine that incurrence of the Contribution in Aid of Construction (CIAC) tax is necessary to achieve the most beneficial business case for the Government and allowing the CIAC tax will result in significant benefits to the Government that outweigh the cost of allowing the tax. | HCA | SCO | No |
| 150 | FAR 32.202-1(d) DAFFARS 5332.202-1(d)
| Approves commercial product/service unusual contract financing | HCA | SAF/AQC | No |
| 151 | FAR 32.402(c)(1)(iii) DAFFARS 5332.402(c)(1)(iii) | Determines, based on written findings, that advance payment is in public interest or facilitates national defense. | HoA or designee | SAF/AQC | No |
| 152 | DFARS 232.901(1)(ii) DAFFARS 5332.901(1)(ii) | Makes determination, after consultation with the cognizant comptroller, that conditions exist that limit normal business operations. | HCA | SCO | No |
| 153 | FAR 32.906(a) DAFFARS 5332.906(a) | Determines that (1) making invoice and contract financing payments earlier than 7 days prior to the dates specified in the contract is warranted in a specific case; or (2) use of accelerated payment methods described in 5 CFR §1315.5 is necessary. | HoA | SAF/AQC | No |
| 154 | FAR 32.1106(b) DAFFARS 5332.1106(b) | Authorizes electronic funds transfer (EFT) for a non-domestic transaction if (1) the political, financial, and communications infrastructure in the foreign country supports EFT payment; or (2) payments of other than United States currency may be made safely. | HoA | SAF/AQC | No |
| 155 | FAR 33.102(b)(3)(ii) DAFFARS 5333.102(b)(3)(ii) | At the request of the contractor, reviews agency records associated with a request for reimbursement of protest costs by the Government. | HCA | SCO | Yes, no lower than the COCO |
| 156 | FAR 33.104(b)(1) or (c)(2) DAFFARS 5333.104(b)(1) or (c)(2) | Authorizes contract award notwithstanding a GAO protest before award, or continued contract performance notwithstanding a GAO protest after award. | HCA on a nondelegable basis | SAF/AQC | No |
| 157 | FAR 33.104(g) DAFFARS 5333.104(g)
| Reports to the GAO why their recommendations have not been followed by the agency not later than 5 days after the expiration of the 60-day response period. | HCA | SAF/AQC | No |
| 158 | DFARS 233.215(3) DAFFARS 5333.215(3) | Determines that continued performance is necessary pending resolution of any claim that might arise under or be related to the contract. | HCA | SCO | Yes, no lower than 1-level above CO |
| 159 | DFARS 234.7002(d)(4) DAFFARS 5334.7002(d)(4) | Determines the information submitted is not sufficient to determine the reasonableness of price for items developed exclusively at private expense. | HCA | SCO | No |
| 160 | DFARS 235.015-70(c) & (d)(3)(ii) DAFFARS 5335.015-70(c) & (d)(3)(ii) | Approves special use allowance for research facility acquired by educational institutions. | HCA | SCO | No |
| 161 | DFARS 235.070-1(a) DAFFARS 5335.070-1(a) | Approves requests for indemnification of unusually hazardous risks under 10 U.S.C. 3861. | IAW Air Force Indemnification Guide | AFMC/PK SCO AFLCMC/PK SCO | No |
| 162 | FAR 36.208 DAFFARS 5336.208 | Approves concurrent performance of firm-fixed-price and other types of construction contracts at the same work site. | HCA | SCO | Yes, no lower than the COCO |
| 163 | FAR 36.209 DAFFARS 5336.209 | Approves contract awards for the construction of a project to the firm that designed the project or its subsidiaries or affiliates | HoA or authorized representative | SCO
| No |
| 164 | FAR 36.213-2(a) DAFFARS 5336.213-2(a) | Waives the requirement for pre-solicitation notices for proposed construction contracts expected to exceed the SAT. | HCA or designee | SCO | Yes, no lower than the COCO |
| 165 | DFARS 236.270(a) DAFFARS 5336.270(a) | Certifies that the additional expenditures are necessary to protect the National interest AND establishes a reasonable completion date for the project (Approval to expedite the completion date of a contract funded by a MILCON appropriations act, if additional costs are involved). | HoA may not be delegated | SAF/AQ | No |
| 166 | DFARS 236.272(b)(1) & (b)(2) DAFFARS 5336.272(b) | (1) Authorizes the use of prequalification for urgent or complex construction projects; and (2) Approves the prequalification procedures of construction sources. | HCA | SCO | Yes, no lower than the COCO |
| 167 | FAR 36.301(b)(3)(vi) DAFFARS 5336.301(b)(3)(vi) | Establishes other criteria for use of two-phase design-build selection procedures. | HCA | SCO | Yes, no lower than the COCO |
| 168 | DFARS 236.303-1(a)(4)(i)(B) DAFFARS 5336.303-1(a)(4)(i)(B) | Approves determination to allow more than five offerors to submit phase two design-build proposals for acquisitions exceeds $4.5M. | HCA delegable no lower than SCO | SCO | No |
| 169 | DFARS 236.570(b)(2) DAFFARS 5336.570(b)(2) | Approves use of a separate bid item for mobilization and preparatory work. | HCA | SCO | Yes, no lower than the COCO |
| 170 | FAR 36.602-3 DAFFARS 5336.602-3 | Oversees evaluation board functions for A&E contracts. | HCA | SCO | Yes, no lower than the COCO |
| 171 | FAR 36.609-1(c)(1) DAFFARS 5336.609-1(c)(1) | Determines that, in fixed-price A&E contracts, cost limitations are secondary to performance considerations and additional project funding can be expected, if necessary. | HCA or designee | SCO | No |
| 172 | DFARS 237.104(b)(iii)(A)(2) DAFFARS 5337.104(b)(iii)(A)(2) | Approves a proposed personal services contract for services to be provided by individuals outside the U.S. and directly supports defense intelligence components or special operations command. Services must be urgent, cannot be obtained by other means, and are supporting DoD activities or programs outside the U.S. | HCA | SCO | No |
| 173 | FAR 37.113-1(a) DAFFARS 5337.113-1(a) | May waive the 31.205-6(g)(6) cost allowability limitations on severance payments to foreign nationals that meet the conditions at 37.113-1(a)(1)-(2). | HoA | SAF/AQC | No |
| 174 | FAR 37.204(a) DAFFARS 5337.204(a) | Determines if sufficient personnel with the requisite training and capabilities are available within the agency to perform the evaluation or analysis or proposals submitted for the acquisition. | HoA | PEO for PEO designated programs
SAF/AQC for all other programs | |
| 175 | DFARS 237.7401(c) DAFFARS 5337.7401(c) | Determines the services being acquired under contract with the local government are in DoD’s best interest. | HCA | SCO | Yes, no lower than the COCO |
| 176 | DFARS 239.101(1) DAFFARS 5339.101(1) | Determines no commercial products or commercial services are suitable to meet the agency’s needs for information technology products or services in excess of the SAT. | HCA | SCO | Yes, no lower than the COCO |
| 177 | FAR 41.202(c)(2) DAFFARS 5341.202(c)(2) | Approves determination to pay the non-negotiated utility rates due to contract impasse. | HCA | SCO | Yes, no lower than the COCO |
| 178 | FAR 41.204(c)(1)(ii) DAFFARS 5341.204(c)(1)(ii) | Determines use of the area-wide contract for utility services is not advantageous to the Government. | HCA or designee | SCO | Yes, no lower than the COCO |
| 179 | FAR 42.202(c)(2) DAFFARS 5342.202(c)(2) | Approves the delegation of additional functions to the CAO. | HCA or designee | SCO | Yes, no lower than the COCO |
| 180 | DFARS PGI 242.7100(4) DAFFARS 5342.7100(4) | Approves the solicitation of voluntary refunds from a contractor. | HCA | SCO | No |
| 181 | DFARS 243.204-70-5(c) DAFFARS 5343.204-70-5(c) | Waives limitations of 243.204-70-2 (price ceiling); 243.204-70-3 (definitization schedule); and 243.204-70-4 (limitations on obligations) if necessary to support cont. ops or humanitarian/peacekeeping op. | HoA | SAF/AQC | No |
| 182 | FAR 44.302(a) DAFFARS 5344.302(a) | Raises or lowers the $25 million contractor purchasing system review (CPSR) level if considered to be in the Government's best interest. | HoA | SAF/AQC | No |
| 183 | FAR 45.102(e) DAFFARS 5345.102(e) | Determines installation or construction of Government property on contractor-owned real property in such a fashion as to become non-severable is necessary and in the Government’s interest. | HCA | SCO | No |
| 184 | DFARS 245.102(4)(ii)(B) DAFFARS 5345.102(e)(4)(ii)(B) | Determines contractor will not be required to tag, label, or mark items that are to be in support of contingency operation or to facilitate defense against/recovery from NBCR attack. | HoA | SAF/AQC | No |
| 185 | DFARS 245.102(4)(ii)(C)(1)(i) DAFFARS 5345.102(e)(4)(ii)(C)(1)(i) | Executes D&F concluding that it is more cost effective for the Government requiring activity to assign, mark, and register the unique item identification after delivery of an item acquired from a small business concern or a commercial product acquired under FAR part 12 or part 8 for an ACAT I program. | SAE | PEO | No |
| 186 | DFARS 245.102(4)(ii)(C)(1)(ii) DAFFARS 5345.102(e)(4)(ii)(C)(1)(ii) | Approves a determination and findings concluding that it is more cost effective for the Government requiring activity to assign, mark, and register the unique item identification after delivery of an item acquired from a small business concern or a commercial product acquired under FAR part 12 or part 8 for all other programs. | HCA | SCO | No |
| 187 | FAR 45.301(f) DAFFARS 5345.301(f) | Approves use of Government property for commercial use expected to exceed 25 percent of the total use of Government and commercial work performed. | HCA | SCO | Yes, no lower than the COCO |
| 188 | FAR 48.104-3(a) FAR 48.202 DAFFARS 5348.104-3(a) | Determines if the cost of calculating and tracking collateral savings will exceed the benefits to be derived. | HCA | SCO | Yes, no lower than the COCO |
| 189 | DFARS 249.501-70(a) DAFFARS 5349.501-70(a) | Approves the use of 252.249-7000, Special Termination Costs in incrementally funded contract. | HoA | SAF/AQC | No |
| TABLE 2 SAF/SQ SPACE SYSTEMS AND PROGRAMS (WHEN HCA IS SSC/PK, SDA DIRECTOR, OR SPRCO DIRECTOR OF CONTRACTING) | FOR MASTER FILE ONLY | ||||
| Item | Reference | Responsibility/Designee | Original Authority | Delegated Authority | Further Delegable |
| 1 | FAR 1.602-3(b)(2) and (3) DAFFARS 5301.602-3(b)(2) | Ratification of unauthorized commitments, subject to the limitations in FAR 1.602-3(c) at or above SAT. | HCA unless agency designates higher level, further delegable no lower than COCO | SCO | No |
| 2 | FAR 1.602-3(b)(2) and (3) DAFFARS 5301.602-3(b)(2) | Ratification of unauthorized commitments, subject to the limitations in FAR 1.602-3(c) below SAT. | HCA unless agency designates higher level, further delegable no lower than COCO | COCO | No |
| 3 | DAFFARS 5301.601(a)(i)(A)
| Authority to enter into, approve, or terminate Grants, Cooperative Agreements, Other Transactions and Procurements for Experimental purposes—including the issuance of a warrant for such purposes. | HoA | See Table 3 | See Table 3 |
| 4 | DAFFARS 5301.601(a)(i)(A) DAFFARS 5301.603-1 | Authority to enter into, approve, modify, and terminate contracts—including the issuance of a Contracting Officer warrant for such purposes. | HoA | SCO | No |
| 5 | FAR 3.104-2(a) DAFFARS 5303.104-2(a) | Approves agency supplementation of 3.104 including specific definitions to identify individuals who occupy positions specified in 3.104-3(d)(1)(ii), and any clauses required by 3.104. | SPE unless law establishes a higher level | SAF/SQ | No |
| 6 | FAR 3.104-5(c)(2) DAFFARS 5303.104-3(c)(1)(ii) DAFFARS 5303.104-5(c)(2) | Authorizes the disqualified official to resume participation in the procurement or determine that an additional disqualification period is necessary. (See DAFFARS 5303.104-5(c)(2) when the disqualified official is the SCO or the HCA). | HCA | SCO | No |
| 7 | FAR 3.104-7 DAFFARS 5303.104-7(f) | Reviews and takes appropriate action on information that a reported violation or possible violation of a present or former government official or someone advising that official knowingly disclosed contractor bid or proposal information or source selection information before award. | HCA, further delegable no lower than COCO (must be SES or flag officer) | SCO, only if GO or SES; otherwise, HCA | No |
| 8 | FAR 52.203-3 DAFFARS 5303.202 | Determines, after notice and hearing, that contractor or representative offered or gave a gratuity to officer, official, or Government employee and intended, by the gratuity, to obtain a contract or favorable treatment under a contract; and determines amount of exemplary damages (between 3 and 10 times cost incurred by contractor in giving gratuities to person concerned). | HoA or designee | HCA | No |
| 9 | DFARS 203.570-2(a) DAFFARS 5303.570-2(a) | Grants waiver in the interest of national security that the prohibition period described in Paragraph (b) of clause 252.203-7001 may be less than 5 years. | HoA or designee | HCA | No |
| 10 | DFARS 203.570-2(b) DAFFARS 5303.570-2(b) | Makes written determination that the prohibition period described in Paragraph (b) of clause 252.203-7001 may be more than 5 years. | HoA or designee | HCA | No |
| 11 | FAR 3.602 DAFFARS 5303.602
| Authorizes contract award to a Government employee or to a business concern owned or controlled by a Government employee and only if there is a most compelling reason to do so per FAR 3.602. | HoA or designee not below HCA | HCA | No |
| 12 | FAR 3.704(c) DAFFARS 5303.704(c) | Considers, in addition to any penalty prescribed by law or regulation, initiating suspension or debarment proceedings and voiding and rescinding contracts for a contractor convicted of any offense relating to contracts with the agency. | HCA | SCO | No |
| 13 | FAR 3.906(c) DFARS 203.906(1) DAFFARS 5303.906(c)(1) | Takes required actions regarding reprisals as prohibited by 203.903 (10 USC 4701). | HoA or designee | HCA | No |
| 14 | FAR 3.1104(b) DAFFARS 5303.1104(b)
| Determines in writing that such action in FAR 3.1104(a) is in the best interest of the Government (HCA may impose conditions that provide mitigation of a personal conflict of interest or grant a waiver). | HCA-shall not be redelegated | HCA | No |
| 15 | FAR 5.102(a)(5)(iii) DAFFARS 5305.102(a)(5)(iii) | Makes written determination that availability of a solicitation through the GPE is not in the Government's interest. | SPE | HCA | |
| 16 | FAR 5.202(b) DAFFARS 5305.202(b)
| Makes written determination after consult with Administrator for Federal Procurement Policy and the Administrator of the Small Business Administration that advance notice of proposed contract action is not appropriate or reasonable.
| HoA | HCA | No |
| 17 | DFARS 205.502(a) DAFFARS 5305.502(a) | Approves the publication of paid advertisements in newspapers. | HoA | COCO | No |
| 18 | DFARS 206.302-1(a)(2)(i)(1) DAFFARS 5306.302-1(a)(2)(i)(1) | Determines if agency can enter into contracts for studies, analyses, or consulting services on the basis of an unsolicited proposal without providing for full and open competition. | HCA or designee no lower than COCO | COCO | No |
| 19 | FAR 6.302-1(d) DFARS 206.302-1(d) DFARS PGI 206.302-1(d) DAFFARS 5306.302-1(d)
| Approves waiver to post request for information or sources sought notices when using J&A authority FAR 6.302-1. | HCA or designee no lower than GO/FO/SES | SCO if GO or SES; otherwise, HCA | No |
| 20 | DFARS 206.302-4(c) DAFFARS 5306.302-4(c) | Approves a document (DAFFARS prescribes use of International Agreement Competitive Restrictions (IACR)) that describes the terms of an agreement or treaty or written directions, such as a Letter of Offer and Acceptance, which have the effect of requiring the use of other than competitive procedures. J&A is not required. | HCA | CO | No |
| 21 | FAR 6.304(a)(4) DAFFARS 5306.304(a)
| Approves in writing the justification for other than full and open competition for proposed contracts over $100M. | SPE – not delegable
| SAF/SQ
| No |
| 22 | FAR 7.107-2(b) DAFFARS 5307.107-2(b) | Determines that consolidation is necessary and justified if the benefits of the acquisition would substantially exceed the benefits that would be derived from each of the alternative contracting approaches identified under paragraph (a)(2). | SPE | SCO | No |
| 23 | FAR 7.107-2(e) DAFFARS 5307.107-2(e) | Determines that consolidation is necessary and justified when the expected benefits do not meet the thresholds for a substantial benefit at paragraph (d)(1) of this subsection but are critical to the agency's mission success; and the procurement strategy provides for maximum practicable participation by small business. | SPE | SCO | No |
| 24 | FAR 7.107-3(a) DAFFARS 5307.107-3(a)
| Makes written determination that the bundling is necessary and justified in accordance with 15 U.S.C. 644(e) after ensuring that conditions at (a)-(e) are met. | HOA | SAF/SQ | No |
| 25 | FAR 7.107-3(f)(1) DAFFARS 5307.107-3(f)(1) & (f)(2) | Determines that bundling is necessary and justified when the expected benefits do not meet the thresholds for a substantial benefit but are critical to the agency's mission success; and the procurement strategy provides for maximum practicable participation by small business. | SPE, not delegable | SAF/SQ | No |
| 26 | DFARS 207.470(b) DAFFARS 5307.470(b) | Approves acquisition for vessel/aircraft/vehicle through a lease/charter/similar agreement for 18 months or more. | HCA | SCO | No |
| 27 | FAR 8.404(h)(3)(ii)(C) DAFFARS 5308.404(h)(3)(ii)(C) | Approves D&F when the total performance period, including options, of a T&M/LH order is more than three years. | HCA | COCO | No |
| 28 | FAR 8.405-3(a)(3)(ii) DAFFARS 5308.405-3(a)(3)(ii) | Determination (in writing) to award single-award Blanket Purchase Agreement with an estimated value exceeding $100 million (including any options). | HoA | SCO | No |
| 29 | FAR 8.405-6(b)(3)(ii)(C) DAFFARS 5308.405-6(b)(3)(ii)(C) | Makes written determination that access through e-Buy not in Government's interest. | SPE | HCA | No |
| 30 | FAR 8.405-6(d)(4) DAFFARS 5308.405-6(d) DAFFARS 5306.304(a) | Approves the justification for limited sources under a BPA with an estimated value over $100M. | SPE – not delegable
| SAF/SQ
| No |
| 31 | FAR 9.202(a) DFARS PGI 209.202(a)(1) DAFFARS 5309.202(a)(1) | Is the designee referenced in FAR 9.202(a) (inclusion of other qualification requirements). | HoA or designee | COCO | No |
| 32 | FAR 9.206-1(b) DAFFARS 5309.206-1(b) | Is the designee referenced in FAR 9.206-1(b) (enforcing qualification requirements). | HoA or designee | COCO | No |
| 33 | DFARS 209.270-3(a) DAFFARS 5309.270-3(a) | Approves a contract for procurement, modification, repair, or overhaul of an aviation critical safety item with a source approved by the head of the design control activity. | HCA | COCO | No |
| 34 | FAR 9.405(a) DAFFARS 5309.405(a) | Determines compelling reason exists to solicit offers from, award contracts to, or consent to subcontracts with contractor debarred, suspended, or proposed for debarment. | HoA | HCA | No |
| 35 | DFARS 209.405(b)(ii)(A) DAFFARS 5309.405(b)(ii)(A) | Grants exemption permitting award to contractor that has violation of Clean Air or Clean Water Act. | HoA, delegable no lower than GO or SES | HCA | No |
| 36 | FAR 9.405(e)(2)-(3) DAFFARS 5309.405(e)(2)-(3) | Makes written determination of the compelling reason to consider bid received from, evaluate for award, include in competitive range or hold discussions with listed contractor. | HoA | HCA | No |
| 37 | FAR 9.405-1(a)(1) DAFFARS 5309.405-1(a)(1) | Directs discontinuance of contracts or subcontracts in existence at time contractor was debarred, suspended, or proposed for debarment. | HoA | HCA | No |
| 38 | FAR 9.405-1(a)(2) DAFFARS 5309.405-1(a)(2) | For contractors debarred, suspended, or proposed for debarment, makes written determination of the compelling reasons to place orders exceeding the guaranteed minimum; place orders under FSS, BPAs, or BOAs; or add new work, exercise options, or otherwise extend duration or current contracts or orders. | HoA | HCA | No |
| 39 | FAR 9.405-2(a) DFARS 209.405-2(a) DAFFARS 5309.405-2(a) | States in writing that compelling reason exists for CO to consent to proposed subcontracts with contractors debarred, suspended, or proposed for debarment, or that the Secretary of Defense has identified in SAM Exclusions as being owned or controlled by the government of a country that is a state sponsor of terrorism. | HoA | HCA | No |
| 40 | FAR 9.503/ 9.506(d)(3) DAFFARS 5309.503 DAFFARS 5309.506(d)(3) | Waives FAR 9.5 requirements -- Organizational and Consultant Conflicts of Interest (OCI). | HoA or designee | HCA | No |
| 41 | DFARS 209.571-7(c)(1) DAFFARS 5309.571-7(c)(1) | Determines an exception to Limitation on Future Contracting in systems engineering and technical assistance contracts is necessary. | HCA – cannot be delegated | HCA | No |
| 42 | FAR 11.103(a) DAFFARS 5311.103(a)
| Require offerors to demonstrate that items offered have (1) either achieved market acceptance or been satisfactorily supplied to an agency under current or recent contracts for the same or similar requirements, and (2) otherwise meet the item description, specifications, or other criteria prescribed in the public notice and solicitation.
| HoA | CO | No |
| 43 | DFARS211.274-2(b)(1) DAFFARS 5311.274-2(b)(1)
| Determines the items are to be used to support a contingency or humanitarian or peacekeeping operation; to facilitate defense against or recovery from nuclear, biological, chemical, or radiological attack; to facilitate the provision of international disaster assistance; or to support response to an emergency or major disaster and, therefore, contractor not required to provide DoD IUID. | HCA | SCO | No |
| 44 | DFARS 211.274-2(b)(2)(i)(A) DAFFARS 5311.274-2(b)(2)(i)(A) | Executes D&F that it is more cost effective for the Government to assign, mark, and register the unique item identifier after delivery, & item acquired from SB concern or is commercial acquired under FAR Part 12 or 8 for an ACAT I program. | SAE | PEO | No |
| 45 | DFARS 211.274-2(b)(2)(i)((B) DAFFARS 5311.274-2(b)(2)(i)(B) | Executes D&F that it is more cost effective for the Government to assign, mark, and register the unique item identifier after delivery, & item acquired from SB concern or is commercial acquired under FAR Part 12 or 8 for all other programs. | HCA | SCO | No |
| 46 | FAR 11.501(d) DAFFARS 5311.501(d) | Waives or reduces the amount of liquidated damages assessed under a contract if Commissioner, Financial Management Service, or designee approves (see Treasury Order 145-10). | HoA | HCA | No |
| 47 | DFARS 212.102(a)(ii)(B) DAFFARS 5312.102(a)(ii)(B) | If the contracting officer challenges an existing commercial product or commercial service determination, either confirm the prior determination was appropriate and still applicable, or issue a determination that the prior use of FAR Part 12 procedures was improper, or no longer appropriate, with a written explanation for the basis of the determination. | HCA | SCO | No |
| 48 | DFARS 212.207(b)(iii) DAFFARS 5312.207(b)(iii)
| For any class D&F, approves written determination by the contracting officer to use T&M or LH for commercial services contracts.
| HoA IAW Class Deviation until rescinded & PM 20-C-09 as incorporated | HCA | No |
| 49 | DFARS 212.207(b)(iii) DAFFARS 5312.207(b)(iii)
| For an individual D&F if the base period plus any option period exceeds 3 years regardless of T&M/LH value, or if the T&M/LH value exceeds $10M, approves written determination by the contracting officer to use T&M or LH for commercial services contracts. | HoA IAW Class Deviation until rescinded & PM 20-C-09/-10 as incorporated | SCO | No |
| 50 | DFARS 212.207(b)(iii) DAFFARS 5312.207(b)(iii)
| For an individual D&F if the base period plus any option period is 3 years or less & the T&M/LH value is less than or equal to $10M, approves written determination by the contracting officer to use T&M or LH for commercial services contracts.
| HoA IAW Class Deviation until rescinded & PM 20-C-09/-10 as incorporated | COCO | No |
| 51 | DFARS 212.272(b)(2)(i) DAFFARS 5312.272(b)(2)(i) | For contracts above $10M, determines no commercial services are suitable to meet the agency’s needs for facilities related services, knowledge-based services (e.g., Advisory and Assistance Services excluding engineering services), medical services, or transportation services. | HCA | COCO | No |
| 52 | DFARS 212.302(c) DAFFARS 5312.302(c) | Waiver authority for tailoring provisions and clauses for acquisition of commercial products and commercial services under FAR 12.302(c). | HCA | SCO | No |
| 53 | FAR 14.201-7(b)(2) and (c)(2) DAFFARS 5314.201-7(b)(2) and (c)(2) | Waives the requirement for inclusion of FAR clauses 52.214-27 and 52.214-28 in a contract with a foreign government or agency of that government. | HCA | SCO | No |
| 54 | FAR 14.407-3(e) DAFFARS 5314.407-3(e) | Make administrative determinations in connection with mistakes in bids alleged after opening of bids and before award.
| HoA | COCO | No |
| 55 | DFARS PGI 215.300 (DoD Source Selection Procedures) 1.2.3 DAFFARS MP5315.3 1.2.3 | Waives requirements of DoD Source Selection Procedures paragraph 1.2 for solicitations valued between $10M and $1B | SPE | SCO | No |
| 56 | DFARS 215.371-5 DAFFARS 5315.371-5 | Waives the requirement at DFARS 215.371-2 to resolicit for an additional period of at least 30 days when only one offer is received as a result of a competitive solicitation allowing fewer than 30 days for receipt of proposals. | HCA – no lower than 1-level above CO | COCO | No |
| 57 | Class Deviation 2022-O0005 Rev 1 DAFFARS 5315.403-1(b) | Determines certified cost or pricing data should be required based on past performance or other information specific to the award.
| HCA | SCO | No |
| 58 | FAR 15.403-1(c)(4) DFARS 215.403-1(c)(4)(A) DAFFARS 5315.403-1(c)(4)(A) | Waives requirement for submission of certified cost or pricing data in exceptional cases. | HCA – w/o power of delegation | HCA | No |
| 59 | FAR 15.403-3(a)(4) DFARS PGI 5315.403-3(7) DAFFARS 5315.403-3(a)(4)
| Approves determination to make award without offeror submission of data other than certified cost or pricing data.
| HCA, delegable to no lower than one level above CO | SCO | No |
| 60 | DFARS PGI 215.403-3(6)(ii) DAFFARS 5315.403-3(a)(6)(ii) | Provides quarterly information within 25 days following the end of the quarter using Contractor Denials of Data Requests.
| HCA | SCO | No |
| 61 | FAR 15.403-4(a)(2) DAFFARS 5315.403-4(a)(2) | Authorizes CO to obtain certified cost or pricing data for actions below the threshold in FAR 15.403-4(a)(1), provided the action exceeds the SAT. | HCA – w/o power of delegation | HCA | No |
| 62 | Class Deviation 2022-O0005 Rev 1 DAFFARS 5315.404-2 | Determines that auditing of records should be required based on past performance or other information specific to the award. | HCA | SCO | No |
| 63 | DFARS 215.404-4(c)(2)(C)(2) DAFFARS 5315.404-4(c)(2)(C)(2) | Approves the use of the alternate structured approach for Profit (see DFARS 215.404-73). | HCA | COCO | No |
| 64 | DFARS 215.407-3(b)(i) DAFFARS 5315.407-3(b)(i) | Waives on a case-by-case basis, the use of forward pricing rate agreement (FPRA) rates when such rates are available. | HCA | SCO | No |
| 65 | DFARS PGI 215.407-4(c)(2)(B) DAFFARS 5315.407-4(c)(2)(B) | Requests an overhead should-cost review for a contractor business unit that does not meet the criteria found in DFARS PGI 215.407-4(c)(2)(A). | HCA | SCO | No |
| 66 | DFARS 215.408(2)(i)(A)(2) DFARS 225.870-4(c)(2)(ii) DAFFARS 5315.408(2)(i)(A)(2) | Approve determination (when contracting with the Canadian Commercial Corporation) that data other than certified cost or pricing data are needed in order to determine that the price is fair and reasonable. | HCA or designee no lower than 2-lvls above the CO | SCO | No |
| 67 | DFARS 215.408(2)(ii)(A)(2) DFARS 225.870-4(c)(2)(ii) DAFFARS 5315.408(2)(ii)(A)(2) | Approve determination (when contracting with the Canadian Commercial Corporation) that it is reasonably certain that data other than certified cost or pricing data will be needed in order to determine that the price of modifications is fair and reasonable. | HCA or designee no lower than 2-lvls above the CO
| SCO | No |
| 68 | FAR 16.206-3(d) DAFFARS 5316.206-3(d) | Approves the use of a fixed-ceiling-price contract with retroactive price redetermination. | HCA or higher if required by agency | HCA | No |
| 69 | FAR 16.401(d) DFARS 216.401(d)(i) DAFFARS 5316.401(d)(i) | Approves D&F to justify that the use of an award-fee contract is in the best interest of the government. | HCA or designee no lower than 1 level below the HCA | SCO | No
|
| 70 | FAR 16.401(d) DFARS 216.401(d)(ii) DAFFARS 5316.401(d)(ii) | Approves D&F to justify that the use of an incentive contract is in the best interest of the government. | HCA or designee no lower than 1-lvl above the CO | COCO | No |
| 71 | FAR 16.401(e)(3)(i) DAFFARS 5316.401(e)(3)(i)
| Designate the Fee Determining Official on an individual contract or class basis. This designation may be made by name, position, or function, without limitation. | FDO unless otherwise authorized in agency procedures | PEO for PEO designated programs or SCO for all other programs | Yes |
| 72 | DFARS 216.405-2(1) DAFFARS 5316.405-2(1) | Approves setting the percentage of award fee available for the final evaluation below 40 percent if the contracting officer determines that a lower percentage is appropriate. | HCA – may not delegate | HCA | No |
| 73 | FAR 16.505(b)(2)(ii)(C)(4) DAFFARS 5316.505(b)(2) | Approves the justification for exceptions to fair opportunity for a proposed order over $100M. | SPE – not delegable | SAF/SQ | |
| 74 | FAR 16.601(d)(1)(ii) DFARS 216.601(d)(i)(A)(3) DAFFARS 5316.601(d)(i)(A)(3)
| Approves a D&F that a listed exception applies.
| HCA | HCA | |
| 75 | FAR 16.603-2(c)(3) DAFFARS 5316.603-2(c)(3) | Approves the determination of a reasonable price or fee if the CO & contractor fail to reach agreement. | HCA | SCO | No |
| 76 | FAR 16.603-3 DAFFARS 5316.603-3 | Determines a letter contract may be used if no other contract type is suitable. | HCA or designee | SCO if $50M or greater, COCO if less than $50M | No |
| 77 | FAR 17.105-1(b) DAFFARS 5317.105-1(b) | Enters into a multi-year contract (MYC) for supplies (DoD) if conditions at (b)(1)-(5) are met. | HoA | PEO for PEO designated programs
HCA for all other programs | No |
| 78 | FAR 17.106-3(f) DAFFARS 5317.106-3(f) | Authorizes the use of a solicitation requesting only multi-year prices, provided that dual proposals are not necessary to meet the objectives in FAR 17.105-2. | HCA | SCO | No |
| 79 | FAR 17.106-3(g) DAFFARS 5317.106-3(g) | Approves the use of variable unit prices on multi-year contracts provided that, for competitive proposals, there is a valid method of evaluation. | HCA | SCO | No |
| 80 | DFARS 217.170(a) DAFFARS 5317.170(a) | Compares cost if MYC to cost of an annual procurement approach, using present value analysis; award only if MYC will result in the lower cost. | HoA | PEO for PEO designated programs
HCA for all other programs | |
| 81 | DFARS 217.170(b) DAFFARS 5317.170(b) | Provides written notice to the congressional defense committees at least 30 days before termination of any MYC. | HoA | PEO for PEO designated programs
HCA for all other programs | No |
| 82 | DFARS 217.171(c) DAFFARS 5317.171(c) | Makes written determination before entering into a MYC that the conditions at (c)(1)-(3) are met. | HoA | PEO for PEO designated programs
HCA for all other programs | No |
| 83 | DFARS 217.172(f)(2) DAFFARS 5317.172(f)(2) | Determines the conditions required by DFARS 217.172(h)(2)(i)-(vii) will be met by a multi-year contract equal to or greater than $750M. | HCA | SCO | No |
| 84 | DFARS 217.172(g) DAFFARS 5317.172(g) | Enters into a MYC for a weapon system pursuant to DFARS 217.172(g)(1) or advance procurement of components, parts, and materials necessary to manufacture a weapon system pursuant to DFARS 217.172 (g)(2) | HoA | HCA | No |
| 85 | DFARS 217.172(h) DAFFARS 5317.172(h) | Ensures that the conditions at (h)(1)-(7) are satisfied before awarding a MYC for a defense acquisition program that has been specifically authorized by law to be carried out using MYC authority. | HoA | PEO for PEO designated programs
HCA for all other programs | No |
| 86 | DFARS 217.173 DAFFARS 5317.173 | Enters into aMYC for up to 4 years (for supplies and services required for management, maintenance, and operation of military family housing) and pay for each year from annual appropriations. | HoA | PEO for PEO designated programs
HCA for all other programs | No |
| 87 | DFARS 217.174(b) DAFFARS 5317.174(b) | Determines, on the basis of a business case analysis, that the proposed purchase of electricity from sources of renewable energy under such contract is cost effective; and it would not be possible to purchase electricity from the source in an economical manner without the use of a contract for a period in excess of five years. | HCA | SCO | No |
| 88 | DFARS 217.204(e)(i)(C) DAFFARS 5317.204(e)(i)(C) | Determines in writing that exceptional circumstances require an ordering period that exceeds 10 years. | HoA | PEO for PEO designated programs
HCA for all other programs | No |
| 89 | DFARS 217.204(e)(iii) DAFFARS 5317.204(e)(iii) | Approves issuance of an order subject to 217.204(e)(i) if performance under the order is expected to extend more than 1 year beyond the 10-yr limit or extended limit described in (e)(i)(C).
| SPE | PEO for PEO designated programs
HCA for all other programs | No |
| 90 | FAR 17.502-2(c)(2) DAFFARS 5317.502-2(c)(2) | Approves D&F for an Economy Act order to obtain supplies or services by interagency acquisition when the servicing agency is not covered by the FAR. | SPE, not delegable | SAF/SQ | No |
| 91 | FAR 17.703(e) DAFFARS 5317.703(e) | Determine in writing that it is necessary in the interest of DoD to acquire supplies and services through the nondefense agency during the fiscal year, absent certification required by 17.703(a). | SPE – no lower than HCA | HCA | No |
| 92 | DFARS 217.7404(a)(1)(ii) DFARS 217.7404-1 DAFFARS 5317.7404(a)(1)(iii) DAFFARS 5317.7404-1 | Approves Undefinitized Contract Actions (UCA), to include Foreign Military Sales & including requirements for non-urgent spare parts and support equipment in a UCA; or modifying the scope of a UCA when performance has already begun. | HCA | SCO if $50M or greater, COCO if less than $50M | No |
| 93 | DFARS 217.7404(b)(2) DFARS 252.217-7027(c) DAFFARS 5317.7404(b)(2) | Approves unilateral definitizations by the Contracting Officer (in writing) for UCAs with a value greater than $50M.
| HCA w/o power of redelegation for any UCA value greater than $50M | HCA | No |
| 94 | DFARS 217.7404(b)(2) DFARS 252.217-7027(c) DAFFARS 5317.7404(b)(2) | Approves unilateral definitizations by the Contracting Officer (in writing) for UCAs with a value of $50M or below.
| N/A | COCO | No |
| 95 | DFARS 217.7404-3(a)(1) DAFFARS 5317.7404-3(a)(1) | Determines in writing that extending definitization beyond an additional 90 days is in the best interest of the Government. | HCA w/o power of redelegation | HCA | No |
| 96 | DFARS 217.7404-5(b) DAFFARS 5317.7404-5(b) | Waives limitations of 217.7404(a) Foreign military sales contracts; 217.7404-2 Price ceiling; 217.7404-3 Definitization schedule; and 217.7404-4 Limitations of obligations, if necessary to support cont. ops or humanitarian/peacekeeping op. | HoA | HCA | No |
| 97 | DFARS PGI 217.7504(4)(ii) DAFFARS 5317.7504(4)(ii) | Authorizes reverse engineering. | HCA | SCO | No |
| 98 | DFARS 217.7505(b) DAFFARS 5317.7505(b)
| Contracting Officer submits certification for a replenishment part price increase that increased by 25 percent or more over the most recent 12-month period to the appropriate authority.
| HCA | SCO | No |
| 99 | FAR 18.125 DAFFARS 5318.125 | Determines that the contracting process may continue after GAO has received a protest (See FAR 33.104(b) and (c)). | HCA on non-delegable basis per 33.104 | HCA | No |
| 100
| FAR 18.2 FAR 18.201 DFARS 218.271 DFARS 218.202 DFARS 218.201(2) DFARS 218.201 DAFFARS 5318.202 DAFFARS 5318.201(c)(2) DAFFARS 5318.201(c) DAFFARS 5318.201(b) DAFFARS 5318.271(S-90) DAFFARS 5318.271
Associated References FAR 2.101, paragraph (3) FAR 2.101 FAR 12.102(f)(1) FAR 13.500(c)(1) FAR 13.201(g)(1) DFARS 211.274-2(b)(1) DFARS 215.371-4(a)(2) DFARS 216.601(d)(i)(A)(3) DAFFARS 5311.274-2(b)(1) DAFFARS 5312.102(f)(1) DAFFARS 5313.201(g)(1) DAFFARS 5313.500(c)(1) DAFFARS 5315.371-4(a)(2) DAFFARS 5316.601(d)(i)(A)(3)
| Determines that micro-purchases and simplified acquisitions of supplies or services (or the supplies or services themselves as applicable) are to be used in support of a contingency operation; to facilitate defense against or recovery from cyber, nuclear, biological, chemical, or radiological attack; to facilitate the provision of international disaster assistance; or to support response to an emergency or major disaster. | Various | COCO | No |
| 101 | FAR 19.201(b) DAFFARS 5319.201(b) | Implements small business programs within their activities, achieve program goals, and ensure contracting personnel maintain knowledge of program requirements. | HCA | SCO | No |
| 102 | DFARS 219.201(c)(8) DAFFARS 5319.201(c)(8) | Assigns small business technical advisors to perform this function in accordance with DFARS 219.201(c)(8). | HCA | SCO | No |
| 103 | FAR 19.502-8(b) DFARS 219.502-8(b) DAFFARS 5319.502-8(b) | Renders a decision regarding the CO’s rejection of an SBA recommendation. | HCA | COCO | No |
| 104 | FAR 19.1305(d)(2) DAFFARS 5319.1305(d)(2) | Determines not to suspend action on the acquisition because urgent and compelling circumstances exist. | HCA | SCO | No |
| 105 | FAR 19.1405(d) DAFFARS 5319.1405(d) | Determines not to suspend action. Replies to SBA after receipt of a formal appeal from SBA concerning rejection of a set-aside for Service-disabled Veteran-owned Small Business. | HCA | SCO | No |
| 106 | FAR 19.1505(i)(3) DAFFARS 5319.1505(i)(3) | Issues a written determination on SBA’s appeal of the CO rejection of SBA’s PCR recommendation.
| HoA | HCA | No |
| 107 | FAR 19.1505(i)(3) DAFFARS 5319.1505(i)(3)
| Makes a written determination that urgent and compelling circumstances which significantly affect the interests of the United States compel award of the contract. | HoA | HCA | No |
| 108 | FAR 19.1505(i)(5) DAFFARS 5319.1505(i)(5)
| Specifies in writing the reasons for a denial of an SBA formal appeal. | HoA or designee | HCA | No |
| 109 | FAR 22.101-1(e) DAFFARS 5322.101-1(e) | Designates programs for contractors to notify Government of actual or potential labor disputes. | HCA | COCO | No |
| 110 | DFARS 222.101-3-70(b) DFARS PGI 222.101-3-70(b)(ii) DAFFARS 5322.101-3-70(b)(ii)
| Submits impact reports on labor disputes to agency head when sufficient urgency warrants the attention of the agency head or when specifically requested.
| HCA | SCO | No |
| 111 | FAR 22.406-13 DFARS 222.406-13 DAFFARS 5322.406-13
| For construction contracts, submits Semiannual Enforcement Reports to the labor advisor.
| HCA | SCO | No |
| 112 | FAR 22.805(a)(8) DAFFARS 5322.805(a)(8) | Approves an urgent or critical award, without pre-award clearance from the Office of Federal Contract Compliance Programs (OFCCP), if OFCCP cannot complete the evaluation by required date. Applies for contracts/subcontracts $10M or more excluding construction. | HCA | SCO | No |
| 113 | FAR 22.1802(d) DAFFARS 5322.1802(d) | Waives the E-Verify requirement for a contract or subcontract or a class of contracts or subcontracts, either temporarily or for the period of performance. | HCA – may not be delegated | HCA | No |
| 114 | DFARS 222.7003 DAFFARS 5322.7003 | Waives the requirements of 222.7002 on case-by-case basis for national security. | HoA | HCA | No |
| 115 | DFARS PGI 223.370-4(1)(i)(A)(2) DAFFARS 5323.370-4(1)(i)(A)(2) | Waives the mandatory requirements for safety precautions for ammunition and explosives. | HCA | SCO | No |
| 116 | FAR 25.103(a) DFARS 225.103(a)(ii)(B)(1) DAFFARS 5325.103(a)(ii)(B)(1)
| Determines that domestic preference for foreign end product would be inconsistent with the public interest for acquisitions valued at or below SAT.
| 1-level above the CO | COCO | No |
| 117 | FAR 25.103(a) DFARS 225.103(a)(ii)(B)(2) DAFFARS 5325.103(a)(ii)(B)(2)
| Determines that domestic preference for foreign end product would be inconsistent with the public interest for acquisitions with a value greater than SAT but less than $1.5M. | HCA | SCO | No |
| 118 | FAR 25.103(a) DFARS 225.103(a)(ii)(B)(3) DAFFARS 5325.103(a)(ii)(B)(3) | Determines that domestic preference for foreign end product would be inconsistent with the public interest for acquisitions valued $1.5M or more. | HoA | SAF/SQ for ACAT I Programs
HCA for other than ACAT I Programs | No |
| 119 | FAR 25.103(b)(2)(i) DFARS 225.103(b)(ii)(A) DAFFARS 5325.103(b)(ii)(A) DAFFARS MP5325.103(a)
| Approves determination that an article/material/supply is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality for acquisitions valued at or below SAT. | 1-level above the CO | COCO | No |
| 120 | FAR 25.103(b)(2)(i) DFARS 225.103(b)(ii)(B) DAFFARS 5325.103(b)(ii)(B) DAFFARS MP5325.103(a)
| Approves determination that an article/material/supply is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality for acquisitions with a value greater than the SAT but less than $1.5M. | COCO | COCO | No |
| 121 | FAR 25.103(b)(2)(i) DFARS 225.103(b)(ii)(C) DAFFARS 5325.103(b)(ii)(C) DAFFARS MP5325.103(a)
| Approves determination that an article/material/supply is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality for acquisitions valued at $1.5M or more. | HCA | SCO | |
| 122 | FAR 25.202(a)(1) DAFFARS 5325.202(a)(1) | Determines that application of the restrictions of the Buy American statute to a particular construction material would be impracticable or would be inconsistent with the public interest. | HoA | SAF/SQ for ACAT I Programs
HCA for other than ACAT I Programs | No |
| 123 | FAR 25.202(a)(2) DFARS 225.202(a)(2) DAFFARS 5325.202(a)(2) | Buy American Exception. Approves determination that a particular construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality for acquisitions valued above SAT.
| HCA | COCO | No |
| 124 | FAR 25.202(a)(2) DFARS 225.202(a)(2) DAFFARS 5325.202(a)(2) | Buy American Exception. Approves determination that a particular construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality for acquisitions valued at or below SAT.
| HCA | COCO | No |
| 125 | FAR 25.204(b) DAFFARS 5325.204(b) | Specifies a higher percentage than 20 percent that the CO adds to the offered price of any foreign construction material proposed for exception from the requirements of the Buy American statute based on the unreasonable cost of domestic construction materials. | HoA | SAF/SQ for ACAT I Programs
HCA for other than ACAT I Programs | No |
| 126 | DFARS 225.403(c)(ii)(A) DAFFARS 5325.403(c)(ii)(A) | Approves a national interest waiver for a purchase by an overseas purchasing activity if the product is critical for the support of U.S. forces stationed abroad. | HCA | SCO | No |
| 127 | FAR 25.603(a)(1)(i) DAFFARS 5325.603(a)(1)(i) | American Recovery and Reinvestment Act-Buy American Statute-Construction Materials. Approves determination that a particular construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality for acquisitions with a value greater than SAT. | HCA | COCO | No |
| 128 | FAR 25.603(a)(1)(i) DAFFARS 5325.603(a)(1)(i) | American Recovery and Reinvestment Act-Buy American Statute-Construction Materials. Approves determination that a particular construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory qualityfor acquisitions value at or below the SAT. | HCA | COCO | No |
| 129 | FAR 25.603(a)(1)(iii) DAFFARS 5325.603(a)(1)(iii) | Determines that application of the restrictions of section 1605 of the Recovery Act to a particular manufactured construction material, or the restrictions of the Buy American statute to a particular unmanufactured construction material would be inconsistent with the public interest. | HoA | SAF/SQ for ACAT I Programs
HCA for other than ACAT I Programs | No |
| 130 | FAR 25.603(a)(2) DAFFARS 5325.603(a)(2) | Determines that application of the Buy American statute to a particular unmanufactured construction material would be impracticable. | HoA | SAF/SQ for ACAT I Programs
HCA for other than ACAT I Programs | No |
| 131 | FAR 25.603(b)(2) DAFFARS 5325.603(b)(2) | When a determination is made, for any of the reasons stated in FAR 25.603, that certain foreign construction materials may be used, provides a notice to the Federal Register within three business days after the determination of the inapplicability of Section 1605 of the Recovery Act is made, with a copy to the Administrator for Federal Procurement Policy and to the Recovery Accountability and Transparency Board. | HoA | HCA | No |
| 132 | FAR 25.1001(a)(2)(iii) DAFFARS 5325.1001(a)(2)(iii) | Executes D&F in accordance with 25.1001(b), that use of 52.215-2 w/Alt III or 52.212-5 w/Alt I will best serve interest of the United States. | HoA | HCA | No |
| 133 | DFARS 225.7008(b) DAFFARS 5325.7008(b) | Waives restrictions on certain foreign purchases under 10 U.S.C. 4864. | HCA | SCO | No |
| 134 | DFARS 225.7021-3 DAFFARS 5325.7021-3 | Determines that the disclosure requirements regarding use of facilities and employment of individuals who perform work in the People’s Republic of China would not be in the national security interests of the US. | SPE, not delegable | SAF/SQ | No |
| 135 | DFARS 225.7501(c) DAFFARS 5325.7501(c) | Any time during the acquisition process, determines that it is not in the public interest to apply the restrictions of the Balance of Payments Program to the end product or construction material. | HoA | HCA | No |
| 136 | DFARS 225.7703-2(b)(2)(i) DAFFARS 5325.7703-2(b)(2)(i) | Makes written determination that it is in the national security interest of the US to use a procedure in 225.7703-1(a) for products or services not limited to use by the military forces, police, or other security personnel of Afghanistan (individual action D&F with a value of less than $100M).
| HCA | HCA | No |
| 137 | DFARS 225.7703-2(b)(2)(ii) DAFFARS 5325.7703-2(b)(2)(ii)
| Makes written determination that it is in the national security interest of the US to use a procedure in 225.7703-1(a) for products or services not limited to use by the military forces, police, or other security personnel of Afghanistan (value of $100M or more) or to a class of acquisitions. | SAE w/o power of redelegation | SAF/SQ | No |
| 138 | FARS 26.203(b) DAFFARS 5326.203(b) | Determines in writing that transition to local firms is not feasible or practicable (individual or class basis). | HoA | HCA | No |
| 139 | FAR 27.201-2(e) DAFFARS 5327.201-2(e) | Approves to exempt U.S. patents from the patent indemnity clause. | HoA | HCA | No |
| 140 | FAR 27.306(a) DAFFARS 5327.306(a) | In contracts with small business concerns or nonprofits, approves and signs written justification allowing Government to require licensing to 3rd parties of inventions. May only authorize if (1) Use of the invention by others is necessary for the practice of a subject invention or for the use of a work object of the contract; and (2) Action is necessary to achieve the practical application of the subject invention or work object. | HoA – may not delegate this authority | SAF/SQ | No |
| 141 | FAR 28.105 DAFFARS 5328.105 | Approves using other types of bonds when acquiring particular supplies or services. | HCA | COCO | No |
| 142 | FAR 28.106-2(a) DAFFARS 5328.106-2(a) | Approves the use of a new surety bond during the performance of the contract. | HCA | COCO | No |
| 143 | FAR 28.106-6(c) DAFFARS 5328.106-6(c) | Provides a certified copy of the payment bond and the contract in accordance with FAR 28.106-6(c); including determining the reasonable and appropriate costs the requestor must pay.
| HoA or designee
| CO | No |
| 144 | DFARS 228.311-1 DAFFARS 5328.311-1 | Waives the requirement for use of FAR clause 52.228-7, Insurance -- Liability to Third Persons. | HCA | SCO | No |
| 145 | DFARS 228.370(a)(2) DAFFARS 5328.370(a)(2) | Disallows the contractor to buy insurance for war-hazard losses. If so, the CO shall insert the clause at DFARS 252.228-7000. | HCA | SCO | No |
| 146 | FAR 30.201-5(a) DFARS 230.201-5(a) DAFFARS 5330.201-5(a)
| Waive CAS applicability in accordance with the conditions at FAR 30.205-5(b). | HoA, delegable no lower than senior contract policy making level
| SAF/AQC | No |
| 147 | FAR 30.202-6(b) DAFFARS 30.202-6(b) | Authorizes award of a CAS-covered contract w/o obtaining submission of the required disclosure statement. | HoA on a nondelegable basis | SAF/SQ | No |
| 148 | DAFFARS 5331 | Waives the requirements of FAR 31. | HCA | SCO | No |
| 149 | DAFFARS 5331
| Determine that incurrence of the Contribution in Aid of Construction (CIAC) tax is necessary to achieve the most beneficial business case for the Government and allowing the CIAC tax will result in significant benefits to the Government that outweigh the cost of allowing the tax. | HCA | SCO | No |
| 150 | FAR 32.202-1(d) DAFFARS 5332.202-1(d)
| Approves commercial product/service unusual contract financing. | HCA | HCA | No |
| 151 | FAR 32.402(c)(1)(iii) DAFFARS 5332.402(c)(1)(iii) | Determines, based on written findings, that advance payment is in public interest or facilitates national defense. | HoA or designee | HCA | No |
| 152 | DFARS 232.901(1)(ii) DAFFARS 5332.901(1)(i)(ii)
| Makes determination, after consultation with the cognizant comptroller, that conditions exist that limit normal business operations. | HCA | SCO | No |
| 153 | FAR 32.906(a) DAFFARS 5332.906(a) | Determines that (1) making invoice and contract financing payments earlier than 7 days prior to the dates specified in the contract is warranted in a specific case; or (2) use of accelerated payment methods described in 5 CFR §1315.5 is necessary. | HoA | HCA | No |
| 154 | FAR 32.1106(b) DAFFARS 5332.1106(b) | Authorizes electronic funds transfer (EFT) for a non-domestic transaction if (1) the political, financial, and communications infrastructure in the foreign country supports EFT payment; or (2) payments of other than United States currency may be made safely. | HoA | HCA | No |
| 155 | FAR 33.102(b)(3)(ii) DAFFARS 5333.102(b)(3)(ii) | At the request of the contractor, reviews agency records associated with a request for reimbursement of protest costs by the Government. | HCA | COCO | No |
| 156 | FAR 33.104(b)(1) or (c)(2) DAFFARS 5333.104(b)(1) or (c)(2) | Authorizes contract award notwithstanding a GAO protest before award, or continued contract performance notwithstanding a GAO protest after award. | HCA on a nondelegable basis | HCA | No |
| 157 | FAR 33.104(g) DAFFARS 5333.104(g)
| Reports to the GAO why their recommendations have not been followed by the agency not later than 5 days after the expiration of the 60-day response period. | HCA | HCA | No |
| 158 | DFARS 233.215(3) DAFFARS 5333.215(3) | Determines that continued performance is necessary pending resolution of any claim that might arise under or be related to the contract. | HCA | COCO | No |
| 159 | DFARS 234.7002(d)(4) DAFFARS 5334.7002(d)(4) | Determines the information submitted is not sufficient to determine the reasonableness of price for items developed exclusively at private expense. | HCA | SCO | No |
| 160 | DFARS 235.015-70(c) & (d)(3)(ii) DAFFARS 5335.015-70(c) & (d)(3)(ii) | Approves special use allowance for research facility acquired by educational institutions. | HCA | SCO | No |
| 161 | DFARS 235.070-1(a) DAFFARS 5335.070-1(a) | Approves requests for indemnification of unusually hazardous risks under 10 U.S.C. 3861. | HoA | SCO | No |
| 162 | FAR 36.208 DAFFARS 5336.208 | Approves concurrent performance of firm-fixed-price and other types of construction contracts at the same work site. | HCA | COCO | No |
| 163 | FAR 36.209 DAFFARS 5336.209 | Approves contract awards for the construction of a project to the firm that designed the project or its subsidiaries or affiliates | HoA | HCA | No |
| 164 | FAR 36.213-2(a) DAFFARS 5336.213-2(a) | Waives the requirement for pre-solicitation notices for proposed construction contracts expected to exceed the SAT. | HCA or designee | COCO | No |
| 165 | DFARS 236.270(a) DAFFARS 5336.270(a) | Certifies that the additional expenditures are necessary to protect the National interest AND establishes a reasonable completion date for the project (Approval to expedite the completion date of a contract funded by a MILCON appropriations act, if additional costs are involved). | HoA may not be delegated | SAF/SQ | No |
| 166 | DFARS 236.272(b)(1) & (b)(2) DAFFARS 5336.272(b) | (1) Authorizes the use of prequalification for urgent or complex construction projects; and (2) Approves the prequalification procedures of construction sources. | HCA | COCO | No |
| 167 | FAR 36.301(b)(3)(vi) DAFFARS 5336.301(b)(3)(vi) | Establishes other criteria for use of two-phase design-build selection procedures. | HCA | COCO | No |
| 168 | DFARS 236.303-1(a)(4)(i)(B) DAFFARS 5336.303-1(a)(4)(i)(B) | Approves determination to allow more than five offerors to submit phase two design-build proposals for acquisitions exceeds $4.5M. | HCA delegable no lower than SCO | SCO | No |
| 169 | DFARS 236.570(b)(2) DAFFARS 5336.570(b)(2) | Approves use of a separate bid item for mobilization and preparatory work. | HCA | COCO | No |
| 170 | FAR 36.602-3 DAFFARS 5336.602-3 | Oversees evaluation board functions for A&E contracts. | HCA | COCO | No |
| 171 | FAR 36.609-1(c)(1) DAFFARS 5336.609-1(c)(1) | Determines that, in fixed-price A&E contracts, cost limitations are secondary to performance considerations and additional project funding can be expected, if necessary. | HCA or designee | SCO | No |
| 172 | DFARS 237.104(b)(iii)(A)(2) DAFFARS 5337.104(b)(iii)(A)(2) | Approves a proposed personal services contract for services to be provided by individuals outside the U.S. and directly supports defense intelligence components or special operations command. Services must be urgent, cannot be obtained by other means, and are supporting DoD activities or programs outside the U.S. | HCA | SCO | No |
| 173 | FAR 37.113-1(a) DAFFARS 5337.113-1(a) | May waive the 31.205-6(g)(6) cost allowability limitations on severance payments to foreign nationals that meet the conditions at 37.113-1(a)(1)-(2). | HoA | HCA | No |
| 174 | FAR 37.204(a) DAFFARS 5337.204(a) | Determines if sufficient personnel with the requisite training and capabilities are available within the agency to perform the evaluation or analysis or proposals submitted for the acquisition. | HoA | SCO | No |
| 175 | DFARS 237.7401(c) DAFFARS 5337.7401(c) | Determines the services being acquired under contract with the local government are in DoD’s best interest. | HCA | COCO | No |
| 176 | DFARS 239.101(1) DAFFARS 5339.101(1) | Determines no commercial products or commercial services are suitable to meet the agency’s needs for information technology products or services in excess of the SAT. | HCA | COCO | No |
| 177 | FAR 41.202(c)(2) DAFFARS 5341.202(c)(2) | Approves determination to pay the non-negotiated utility rates due to contract impasse. | HCA | COCO | No |
| 178 | FAR 41.204(c)(1)(ii) DAFFARS 5341.204(c)(1)(ii) | Determines use of the area-wide contract for utility services is not advantageous to the Government. | HCA or designee | COCO | No |
| 179 | FAR 42.202(c)(2) DAFFARS 5342.202(c)(2) | Approves the delegation of additional functions to the CAO. | HCA or designee | COCO | No |
| 180 | DFARS PGI 242.7100(4) DAFFARS 5342.7100(4) | Approves the solicitation of voluntary refunds from a contractor. | HCA | SCO | No |
| 181 | DFARS 243.204-70-5(c) DAFFARS 5343.204-70-5(c) | Waives limitations of 243.204-70-2 (price ceiling); 243.204-70-3 (definitization schedule); and 243.204-70-4 (limitations on obligations) if necessary to support cont. ops or humanitarian/peacekeeping op. | HoA | HCA | No |
| 182 | FAR 44.302(a) DAFFARS 5344.302(a) | Raises or lowers the $25 million contractor purchasing system review (CPSR) level if considered to be in the Government's best interest. | HoA | HCA | No |
| 183 | FAR 45.102(e) DAFFARS 5345.102(e) | Determines installation or construction of Government property on contractor-owned real property in such a fashion as to become non-severable is necessary and in the Government’s interest. | HCA | SCO | No |
| 184 | DFARS 245.102(4)(ii)(B) DAFFARS 5345.102(4)(ii)(B) | Determines contractor will not be required to tag, label, or mark items that are to be in support of contingency operation or to facilitate defense against/recovery from NBCR attack. | HoA | HCA | No |
| 185 | DFARS 245.102(4)(ii)(C)(1)(i) DAFFARS 5345.102(4(ii)(C)(1)(i) | Executes D&F concluding that it is more cost effective for the Government requiring activity to assign, mark, and register the unique item identification after delivery of an item acquired from a small business concern or a commercial product acquired under FAR part 12 or part 8 for an ACAT I program. | SAE | PEO | No |
| 186 | DFARS 245.102(4)(ii)(C)(1)(ii) DAFFARS 5345.102(4)(ii)(C)(1)(ii) | Approves a determination and findings concluding that it is more cost effective for the Government requiring activity to assign, mark, and register the unique item identification after delivery of an item acquired from a small business concern or a commercial product acquired under FAR part 12 or part 8 for all other programs. | HCA | SCO | No |
| 187 | FAR 45.301(f) DAFFARS 5345.301(f) | Approves use of Government property for commercial use expected to exceed 25 percent of the total use of Government and commercial work performed. | HCA | COCO | No |
| 188 | FAR 48.104-3(a) FAR 48.202 DAFFARS 5348.104-3(a) | Determines if the cost of calculating and tracking collateral savings will exceed the benefits to be derived. | HCA | COCO | No |
| 189 | DFARS 249.501-70(a) DAFFARS 5349.501-70(a) | Approves the use of 252.249-7000, Special Termination Costs in incrementally funded contract. | HoA | HCA | No |
Table 3 : Authority to enter into, approve, or terminate Grants, Cooperative Agreements, and Other Transactions has been approved as shown below. This authority may be redelegated within the contracting functional chain of responsibility, in writing, under such terms, conditions, and limitations as may be deemed appropriate.
| SCO | Grant Authority | Cooperative Agreement Authority | Other Transactions Authority | Procurements for Experimental Purposes |
| HQ AFMC/PK | Yes | Yes | Yes | Yes |
| HQ AFRC/A7K | No | No | No | Yes |
| SSC/PK | Yes | Yes | Yes | Yes |
| HQ AFDW/PK | Yes | Yes | Yes | Yes |
| AFICC/KF | Yes | Yes | Yes | Yes |
| AFOTEC/A7K | No | No | No | Yes |
MP5301.602-2 (d) Designation, Assignment, and Responsibilities of a Contracting Officer's Representative (COR)
The following are mandatory procedures (MP) for standardizing the Air Force (AF) contracting process regarding designation, assignment, and responsibilities of a Contracting Officer’s Representative. The assignment of a COR is not necessary when the CO retains or delegates surveillance to DCMA, or one of the categories of services exempted in DAFI 63-138, except Construction. DoDI 5000.72 requires COs to designate a COR for Construction contracts, unless the contracting officer retains and executes contract oversight responsibilities when the conditions of DFARS 201.602-2 exist.
1.0 Contracting Officer Roles and Responsibilities
1.1 As part of the acquisition planning process, the CO must determine the nature of the work/requirement (Type A, B, or C) as specified in DoDI 5000.72, DoD Standard for Contracting Officer’s Representative (COR) Certification.
1.2 If the requiring activity has not yet initiated a COR nomination, the CO must initiate the Request for COR Support to notify the requiring activity of the need for COR(s) support and to prompt requiring activity nomination of a qualified COR via the Joint Appointment Module (JAM) (formerly CORT Tool) in Procurement Integrated Enterprise Environment (PIEE).
1.2.1 The Request for COR Support memorandum initiated by the CO should be routed through requiring activity (e.g., COR Supervisor, Functional Commander/Director (FC/FD)). See Enclosure 5 of DoDI 5000.72, Qualification Requirements for CORs and Enclosure 6 of DoDI 5000.72, Examples of COR Responsibilities and COR Certification Requirements. The COR must file the CO’s Request for COR Support memorandum (if used) in the “COR Online File.”
1.2.2 The CO must provide contract specific training (see paragraph 1.3.7). COR management is responsible for ensuring that any COR performing under a waiver pursuant to sections 1701-1764 of Title 10, United States Code completes all required training. New entrant and required DoD Component provided ethics (U.S. Air Force Annual Ethics Training for OGE Form 450 filers or DAU ACQ 0030 for non-OGE Form 450 filers) and combating trafficking in persons (CTIP) training may not be waived.
1.2.3 The CO shall perform, with participation of the COR and COR supervisor, a yearly administrative review of the COR's online file during the anniversary month of appointment, or more often, at the discretion of the CO. The CO shall upload the COR File Annual Checklist to the Surveillance and Performance Monitoring (SPM) (Formerly CORT Tool) in PIEE comprised of the minimum requirements of, COR-related documents necessary for the effective discharge of COR duties and responsibilities. The Checklist (available in SPM) shall guide the COR in populating the online COR File and serve as the basis for the CO to judge the accuracy and completeness of the COR file during each review. 1.2.4 Upon completion of each CO review of the online COR File, the CO shall document the results on the COR File Annual Checklist and upload each Checklist review to the SPM. 1.2.5 The COR Designation from the CO must also:
(a) Designate the COR (if required) as an Assessing Official Representation (AOR) supporting the CPAR process;
(b) Stipulate that the COR will be required to have access to the Synchronized Pre-Deployment & Operation Tracker (SPOT) (if required due to overseas deployment support); and
(c) Stipulate whether the COR will require access to the System for Award Management (SAM) to review the contractor's service contract reports.
1.2.6 Notification of COR designation should be provided to the QAPC.
1.2.7. Distribution of the fully executed COR designation must be made to the COR, COR Supervisor, Contractor and Property administrator. In addition, notification must be sent to the local Judge Advocate General office or Office of General Counsel immediately upon the appointment of a COR designated as an OGE Form 450 filer, and annually by January 1st , a list of all CORs required to file OGE Forms 450.
1.3 CO, Contract Specialist, or QAPC Led Training. The CO must ensure contract-specific training is scheduled and provided to the prospective COR, unless waived (see 1.2.2). The training may be conducted by the CO, Contracting Specialist, or QAPC, and must consist of the following at a minimum prior to contract award:
1.3.1 Duties/responsibilities to be delegated;
1.3.2 Importance of COR performance;
1.3.3 Personal conflicts of interest and potential conflicts of interest;
1.3.4 Unauthorized commitments;
1.3.5 Ethics/integrity in relationships with the CO, COR management (e.g., COR Supervisor, Services Designated Official (SDO), Functional Commander/ Directors (FC/FD)), and the contractor;
1.3.6 Discussion of the Seven Steps to the Services Acquisition Process .
1.3.7 Contract-specific training consisting as a minimum of the following:
1.3.7.1 A discussion of the contract (SOW, PWS, Specifications, etc.), and surveillance plan/QASP;
1.3.7.2 An awareness of any areas in the contract susceptible to fraud, waste, and abuse;
1.3.7.3 Creation, maintenance, and submission of all surveillance documentation and contractor performance assessment information required by the contract and applicable regulations;
1.3.7.4 How the COR can stay abreast of contract modifications;
1.3.7.5 How the COR can monitor contract fund status; and,
1.3.7.6 Joint CO and COR review of the “COR File Annual Checklist” to ensure mutual understanding of the level/quality of surveillance and documentation must be maintained in the on-line SPM file.
1.3.8 Refer to the Suggested Contract-Specific Training Syllabus template for conducting contract-specific training. The template may be tailored to fit your acquisition.
COR Performance and Appraisal
1.4 At a minimum, the CO and COR supervisor must review the COR’s reports, files, and other documentation for completeness/accomplishment, on an annual basis.
1.5 The CO must provide an annual assessment, as a minimum, on the COR’s performance to the COR supervisor. The assessment may be performed concurrently with the administrative review of the COR online file detailed in 1.2.3.
1.6 The COR must complete and upload reports to the SPM, as required, to enable the CO to review and approve/ reject reports in the SPM.
1.7 When the CO terminates the COR’s duties (see Termination of COR Designation), a new COR can be nominated prior to terminating the former COR. The requiring activity must nominate a COR replacement via the JAM to ensure continuous contract monitoring by a qualified individual. Copies of the designation for the successor COR will have the same distribution requirements as the COR letter of designation.
1.8 When the requiring activity requests termination of COR designation, the CO must terminate the COR designation in writing (use of the “Smart Form” in the JAM is authorized). Include the signed Termination of COR Designation in the official contract file.
1.9 The CO must forward a copy of the fully executed Termination of COR Designation to the COR, COR Supervisor, Contractor, and as applicable, to the contract administration office(r).
2.0 COR Roles and Responsibilities
2.1 Register for JAM and SPM access through the PIEE e-Business Suite at https://piee.eb.mil/, and complete training to effectively perform duties in the SPM. Training includes a review the JAM and SPM Users Guide and FAQs, and if necessary, a request for additional training from a local Department Administrator (DA).
2.2 Provide information necessary to assess whether any actual or potential personal conflicts of interest with performing the responsibilities to be designated exist. Conflicts of interest determination will be reviewed again prior to contract award.
2.3 Participate, as requested, in annual CPAR procedures and contract close-out.
2.4 Remain abreast of changes to terms and conditions of the contract resulting from contract modifications.
2.5 Perform only those duties/responsibilities delegated by the CO in the COR Designation.
2.6 CORs may be designated as the Assessing Official’s Representative (AOR) by the CO in the Contractor Performance Assessment Reporting System (CPARS) IAW the CPARS Guide. If designated as an AOR, the COR would be responsible for providing a timely, accurate, quality, and complete narrative for a report on the contractor's performance. If the CO requires the COR to have access to the contractor performance assessment reporting system (CPARS), the synchronized pre-deployment and operational tracker (SPOT) or the System for Award Management (SAM), an account would be authorized and granted after COR designation.
2.7 If a Chief-Contracting Officer’s Representative (C-COR) is appointed for a service contract pursuant to AFI 63-138 , Acquisition of Services, Chapter 2, the C-COR must maintain the sole online COR file in SPM for the contract. When a CO appoints a C-COR and CORs on the same contract, the relationship shall be annotated on the COR Designation.
3.0 COR Supervisor
3.4 Conduct regular reviews of COR inputs into SPM, and follow-up as necessary, on the content, timeliness, and completeness of COR Reports, online files, and other COR-related documentation.
3.1 Register for SPM access via the Procurement Integrated Enterprise Environment (PIEE) e-Business Suite at https://piee.eb.mil/, and then complete training to effectively perform duties in the SPM. Training includes a review of the JAM and SPM Tool Users Guide and FAQs, and if necessary, a request for additional training from a local DA.
3.2 Review and approve (certify) or reject COR nominations in the JAM, when submitted by an assigned COR in the JAM and notified by a system-generated email that a nomination is “Awaiting Approval”.
3.3 The COR Supervisor shall ensure that the COR completes and uploads COR Reports to SPM, as required, to enable the CO to review and approve/ reject reports in the SPM.
4.0 OGE 450 Determination and Processing
4.1 A COR must file an OGE 450 if determined to meet the criteria for filing a Confidential Financial Disclosure Report (OGE Form 450) as set forth in section 2634.904 of Title 5, Code of Federal Regulations, and section 7-300 of DoD 5500.07-R.
4.1.1 A COR need not be designated as an OGE 450 filer, IAW section 2634.904 of Title 5, if all of the following apply:
(a) The COR will NOT participate personally and substantially in any contracting process,
(b) The COR will NOT exercise substantial discretion, through interactions, decisions, or reports, that will influence the contractor’s activities and result in a substantial economic effect on the contractor’s interests,
(c) The COR’s work and judgment WILL BE subject to “substantial supervision and review” by the CO & COR Supervisor, with final authority deferred to the CO for contractor direction and contract-related matters, and (d) The COR’s actions will NOT cause any conflict of interest (real or apparent) between the interests of the COR and the government and/or the contractor
4.2 The COR must submit the completed OGE 450 directly to his or her supervisor and provide the information contained on the OGE 450 to the CO for review prior to submission to the local legal office by the required date.
5.0 Quality Assurance Program Coordinator (QAPC)
5.1 Train CORs and COR management [e.g., COR Supervisor, SDO, Functional Commanders/Directors (FC/FD)] on the contracting requirements associated with the quality assurance program and any MAJCOM/FLDCOM/DRU/DAFRCO procedures prior to contract award. See paragraph 1.5 herein.
5.2 Assist the CO in providing contract-specific training (to include refresher training) to the COR (Reference paragraph 1.3 above) and ensuring required training is accomplished in accordance with DoDI 5000.72, DoD Standard for Contracting Officer’s Representative (COR) Certification, 26 Mar 15.
5.3 Monitor the inputs and use of SPM for the assigned organization. This requires registration, training, and designation as a local JAM/SPM DA or Manager Role by all QAPCs. DAs/Managers provide functional, not technical support, and provide for the continued deployment of JAM and SPM for new users and for the support of existing users in the local organization, by performing three categories of duties:
5.3.1 GETTING STARTED:
(a) Advise or assist new users with initial JAM/SPM registration, or existing users with registration and profile updates, through the PIEE e-Business Suite platform;
(b) Activate new roles (if designated as a DA) and added roles (only if a DA) after verifying proper completion of the automated DD2875; and,
(c) Conduct JAM SPM training or provide training resources to users.
5.3.2 USER SUPPORT:
(a) Advise and assist on the functions & features of JAM/SPM;
(b) Use Administrator or Manager privileges to research, troubleshoot, and advise on reported functional issues;
(c) Refer users to the PIEE Helpdesk, when a reported issue involves accounts, errors, or technical support;
(d) Monitor records of all COR nominations, designations, and terminations of designations, to include COR’s acknowledgement of their duties, by contract number and CO’s name;
(e) Monitor records of all COR and COR management training, including refresher training regardless of provider (e.g., QAPC, CO, contract specialist, contract administrator, Defense Acquisition University, or commercial training provider)
6.0 Memorandum Templates and Contract Training Syllabus
MP5301.603-90 Selection, Appointment, and Termination of Appointment of Contracting Officers
Revised: June 2023
(a) Applicability. This MP must be used when selecting, nominating, appointing, and terminating contracting officers (CO) to maximize standardization across the AF. Warrants are issued in accordance with FAR 1.603, DFARS 201.603, 10 U.S.C. § 1724 and this MP. The SCO may delegate this authority to the highest contracting official in the contracting chain at geographically separated organizations, but in no event will the designee be lower than a GS-15 (or equivalent) or O-6. Authority to issue limited contracting officer warrants up to $5M and authority to terminate appointments up to $5M may be delegated, but in no event will the designee be lower than the COCO.
(b) Warranting. An individual selected for contracting officer appointment must be a military member in Air Force Specialty Code (AFSC) 64PX or 6C0X1 or a civilian in the GS-1102 occupational series who occupies a manned authorization listed under these specialty codes/series, and complies with the requirements at DFARS 201.603-2 and this MP.
(c) Focal Point (FP). FPs must be designated in writing via the FP designation form and may be assigned unlimited or limited duties as indicated in the Warrant Process Focal Point Designation Form . Each SCO is responsible for appointing FPs and must designate at least one FP with full duties. SCOs may delegate authority to appoint limited FPs to the COCO. This authority is not further delegable. Follow the form instructions when appointing FPs.
(d) AF CO Warrant Tracking Tool. All warrants are entered into and tracked via the AF CO Warrant Tracking Tool (AFCOWTT). FPs obtain access to the AFCOWTT by submitting a copy of the Warrant Process Focal Point Designation Form to HQ AFMC/PK. Prior to obtaining access, FPs must request training on the use of the AFCOWTT by contacting HQ AFMC/PK, as applicable. FPs are responsible for entering all warrant data into the tool, and for uploading warrants (SF1402s) (and up to three past SF1402s), a copy of the Contracting Officer Test (COT) certificate, and the Contracting Officer Appointment/Warrant Eligibility Transfer/Termination Request (COWER). FPs also administer all other warrant actions and are responsible for maintaining current, accurate, and complete warrant data in the AFCOWTT.
(e) CO Warrant Nomenclature. All transferable warrants shall list “Department of the Air Force” on the ‘Organization’ and ‘Agency/Department’ lines of the SF1402. All transferable warrants are numbered as follows: the first two positions are “AF”, the third and fourth positions are the last two digits of the fiscal year (FY) in which the appointment is made, and positions 5-9 are obtained from the identification (ID) field of the AFCOWTT; for example, in FY21 an ID field number of 12345 would yield an appointment number of AF-21-12345. Current transferable warrants will be updated through attrition. All new non-transferable warrants will be numbered as follows: Organization-FY-XXXXX e.g., SSC-21-12499 for SSC; last 5 positions are obtained from the ID field of the AFCOWTT.
(f) Nominating Warrant Candidates. Warrant candidates are nominated by a candidate sponsor who shall be no lower than the candidate’s first level supervisor. Submit warrant nominations to the designated FP using the COWER.
(g) Contracting Officer Test. Candidates for warrants above the simplified acquisition threshold (SAT) must pass the two-hour timed, open book COT by achieving a minimum score of 80%.
(1) The COT is a proctored, computer-generated test containing 25 randomly selected true/false and multiple-choice questions from the FAR, DFARS, and/or AFFARS. Each question is worth up to two points.
(2) During the COT, candidates are limited to the use of electronic regulations available via www.acquisition.gov and hard copies of the FAR and DFARS (free of tabs and notes); however, hard copies will not be provided. Notes and electronic devices are not permitted in the testing site. Use of email, instant messaging, or any other form of electronic communication is prohibited during the COT.
(3) Candidates must provide the correct answer and the correct, associated complete reference (e.g., FAR 15.401(a)(2)(i)(B)), in order to earn two points. If the candidate answers the question correctly but provides an incorrect reference, one point will be received. If the candidate answers the question incorrectly but the reference correctly, the candidate will not receive any points as this indicates a failure to understand the regulation. The COT is automatically and electronically scored.
i. If the candidate fails to pass the COT, the candidate may challenge missed questions and/or references in accordance with the Proctor User Guide only when approval of the challenge would result in a passing score. (NOTE: Access to the guide is restricted to warrant focal points.)
ii. A candidate who fails the COT may retake it if authorized by their immediate supervisor and space is available. If the candidate fails to pass the COT on the second attempt, the candidate may not retake the COT until a six-month waiting period has passed.
iii. Supervisors are authorized to approve a maximum of two continuous learning points per 12-month period for an individual who completes the COT, whether for a warrant request action or for training purposes.
(4) Practice COT: A practice test titled Contracting Officer Demo Test - C10979 was developed to help familiarize warrant candidates with the question structure of the COT. The practice test is available via the myLearning site. It is a non-proctored, 50-minute, timed test consisting of ten questions which are electronically and randomly selected from a 20-question pool. Practice tests may not be administered on the SCORM site. There is no limit on the number of times the practice COT may be taken. The completion of a practice test shall not be used as the basis for warrant eligibility.
(h) Warrant Boards. Warrant boards are reserved exclusively for warrants exceeding $25M and are used to further assess the candidate’s experience, qualifications, communication skills, and overall demeanor.
(1) Warrant boards must be chaired by the appointing official or designee at a level no lower than:
i. Deputy Director or Assistant Director of Contracting;
ii. Technical Director/Assistant to the Director of Contracting;
iii. Chief of the Clearance and Program Support Division or Chief of Policy;
iv. Highest level contracting official at a geographically separated organization; or
v. COCO, Deputy, or equivalent.
(2) Warrant boards must have a minimum of five members, including the board chairperson, participating to constitute a quorum. Suggested board composition includes:
i. Contracting office supervisors;
ii. Representative from the staff judge advocate office;
iii. Competition Advocate;
iv. Clearance/program support procurement analyst;
v. Small business specialist/liaison;
vi. Supervisors/Directors/Deputy Directors from other disciplines; and/or
vii. Cost/Price Analyst
(3) Warrant board members may participate in person, by teleconference, or video conference at the discretion of the board chairperson.
(4) The warrant candidate must correctly answer and/or discuss no fewer than 10 questions, seven of which must be obtained from the scenario-based AF question repository. To obtain access to the question repository, submit the Warrant Process Focal Point Designation Form to HQ AFMC/PK. The appointing official has the discretion to develop new questions(s) for the remaining three questions, which may be scenario- or knowledge-based. The board shall include questions that address PEO, Enterprise, and Operational portfolios, as well as pricing, fiscal law, contract law, legal, and problem solving.
(5) The board chairperson/appointing official, in consultation with the board members, may appoint an unlimited warrant, a limited, specified dollar warrant, or none. Individuals awarded an unlimited warrant as a result of a warrant board shall not be required to sit before the board again, except in the case of a reappointment after a termination for cause (See Para. (s)).
(i) Unlimited Warrants. Unlimited warrants require a minimum of two years of contracting experience, a baccalaureate degree, successful completion of the COT and passing a warrant board. Additionally, unlimited warrant candidates, at a minimum, shall possess the DoD Contracting Professional Certification (Back-to-Basics) or legacy DAWIA Contracting certification. All unlimited warrants are transferable across the AF.
(j) Limited Transferable Warrants. Warrants limited by a monetary threshold are transferable across the DAF. Dollarized warrant limitations apply to the value of the instant contract action a CO is executing. For example, if a CO holds a limited warrant of $5M and the contract award amount of the instant action is $6M, the CO is not authorized to sign the contract; however, the same CO would be authorized to sign a $5M funding action issued against the same contract.
(1) For limited warrants up to SAT, contracting personnel (including purchasing agents in the GS-1105 series) must have at least one year of contracting experience.
(2) For limited warrants exceeding SAT up to $5M, contracting personnel must have a minimum of two years of contracting experience and have successfully completed the COT. Warrant boards shall not be convened for warrants within this threshold.
(3) For limited warrants exceeding $5M up to $25M, contracting personnel must have a minimum of two years of contracting experience, successful completion of the COT, and vetting process established by the appointing official and documented on the COWER. Warrant boards shall not be convened for warrants within this threshold.
(k) Local National (LN) Warrants. LNs in an equivalent occupational series to GS-1102 may be selected for a contracting officer appointment in accordance with this MP.
(1) Warrants up to SAT require a minimum of one year of contracting experience.
(2) A LN candidate for a warrant exceeding SAT up to $5M must meet the following minimum functional training, work experience, and formal education requirements:
i. Complete all contracting courses as required for a member of the DoD Contracting Professional Certification or legacy DAWIA Contracting certification in contracting required for the warrant amount;
ii. Have a minimum of two years of contracting experience; and,
iii. Possess a baccalaureate degree (or the equivalent).
(3) Warrants exceeding $5M up to $25M require a vetting process established by the appointing official and documented on the COWER.
(4) Warrants exceeding $25M require a warrant board.
(l) A member of the contingency contracting force in AFSC 6C0X1 who does not possess a baccalaureate degree from an accredited institution may be nominated, evaluated, and selected for a limited warrant not to exceed $25M in accordance with 10 USC 1724. Military and Civilian personnel with an active Department of the Air Force warrant, may use their existing warrant in support of Contingency Operations.
(m) Non-Transferable Warrants. Non-transferable warrants may be issued for specific functions or buying activities (e.g., contract closeout, defective pricing actions, funding modifications, administrative modifications, specific contracts, units, etc.) Candidates for limited non-transferable warrants above the SAT should pass the COT in accordance with this MP. Warrant boards shall not be used for non-transferable warrants; however vetting process may be used when the resultant contract actions are expected to exceed $25M. The SF1402 must clearly state “Limited Non-Transferable Warrant” and cite the specific warrant limitations.
(n) Warrant Transfer and Reinstatement.
(1) Warrants issued in accordance with this MP, except for those issued in accordance with paragraph (m) above, are transferable across the AF. As long as a warrant is in good standing, an individual shall not be required to test or board again. However, warrant transferability does not guarantee immediate utilization, as the gaining appointing official may determine that time is needed to facilitate familiarity with new workload responsibilities and organizational procedures. Instructions regarding electronically transferring a warrant to a new organization are located in the AFCOWTT.
(2) Warrant reinstatement is applicable to an individual who previously held an AF warrant and whose warrant was subsequently terminated for reasons such as reassignment or resignation. A request to reinstate an AF warrant must be submitted to the appointing official for approval through the designated FP using the COWER. The appointing official shall document their assessment and rationale for warrant reinstatement on the COWER.
(o) Grandfathered Contracting Officers. Current COs are not required to be tested, boarded, or reappointed as a result of the issuance of, or changes to, this MP. However, those with limited non- transferable or limited transferable warrants must meet the requirements of this MP to obtain a transferable and/or higher dollar value warrant. Taking of the COT is only required for those candidates holding a limited non-transferable warrant. Due to changes in the DoD certification program, some candidates may be unable to complete certification. An individual without certification may be selected for contracting officer appointment (limited or unlimited) if approved by the warrant issuing authority (SCO/COCO).
(p) Warrants Issued Based on External Warrant Credentials. A new AF 1102 with external, federal government CO experience may be issued an AF warrant without meeting the requirements of this MP (COT and vetting process or warrant board) based on the discretion of the appointing official, provided they meet the qualification requirements at DFARS 201.603-2. The appointing official must conduct an assessment of the candidate’s qualifications and experience prior to the issuance of an AF warrant. The appointing official shall document the rationale for appointment on the COWER (See sample criteria.)
(q) Warrant Reciprocity. In Aug 2022, the Assistant Secretaries of the Air Force and the Army (Acquisition, Technology, and Logistics) signed Memorandum of Agreement (MOA), Cross-Service Contingency Warranting Procedures, between the two Departments. This MOA, which expires in Aug 2032, established a warrant reciprocity relationship during contingency operations as defined in l 0 U.S.C. § l01(a)(13), or in support of an emergency or major disaster as defined in 42 U.S.C. § 5122, or as otherwise directed by the Secretary of Defense in support of U.S. government-led operations (hereinafter, "contingency operations"). The MOA mandates recognition of cross-service warrants and qualifications for both military and civilian personnel and requires each services’ Head of the Contracting Activity (or delegated warranting authority) to recognize cross-service warrants and the qualifications and thresholds identified therein without additional testing, assessments, or issuing a new warrant. The intent of this MOA is to enable the lead Service for a contingency operation to avoid delays in providing expeditionary contracting support.
(r) Reissuance of Warrant Certificates. A request to reissue an existing warrant certificate for administrative purposes (e.g., damage to or deterioration of the original SF1402, name changes, etc.) is not a new appointment and may be submitted directly to the FP for processing to the appropriate appointing official; use of the COWER is not required. (s) Warrant Suspension or Termination for Cause. Warrants may be suspended or terminated for unsatisfactory performance. The appointing official may suspend a warrant in writing until proficiency is demonstrated to the satisfaction of the appointing official. If a warrant is terminated for cause, the candidate must be reappointed in accordance with paragraphs (i), (j), or (k) of this MP, to include a warrant board for reappointment of an unlimited warrant.
MP5301.90 - CLEARANCE
MP5301.9001 (i)(1)(i)- Business Clearance Approval by the DAS(C)/ADAS(C)
MP5301.9001a (A) Business Clearance Approval for Non-Competitive Actions
(1)The contracting officer will submit notifications to SAF/AQC thirty days prior to the anticipated Business Clearance Session with the DAS(C)/ADAS(C).
(2) no later than 10 business days prior to the desired Business Clearance Session, the contracting officer will forward the following documents through the SCO to SAF/AQC :
(a) Completed Request for Business Clearance (non-competitive);
(b) Copies of the Commercial Item Determination(s) (DFARS 212.102(a)(i)) that are greater than or equal to $1M;
(c) Preliminary Price Negotiation Memorandum and related attachments;
(d) Request for Business Clearance (non-competitive) briefing charts; and
(e) On a case-by-case basis, additional documentation may be requested in support of the SAF/AQC and/or DPC Peer Review.
(f) The designated CR will conduct the clearance review prior to submitting the required clearance documents to SAF/AQC.
(g) If DPC Peer Review is required, the Business Clearance Session to brief the clearance approval official occurs prior to the commencement of the DPC Peer Review Phase 1. The Business Clearance Approval document may be signed by the clearance approval official prior to Phase 1, but commencement of negotiations are conditioned upon successful completion of the Peer Review. If DPC Peer Review is required, and the Business Clearance Session has been delegated to the SCO, follow the procedures above for notification and document submission to SAF/AQC.
(h) The contracting officer shall submit a revised Business Clearance Approval document for DAS(C)/ADAS(C) approval, prior to concluding negotiations, when changes to the original negotiation range or parameters that were set forth on the approved Business Clearance Approval document are required. Submit the documents through the SCO to SAF/AQC for approval. Negotiation offers that exceed the approved negotiation range or parameters may not be made until a revised negotiation range or parameters are approved.
MP5301.9001b (B) Business Clearance Approval for Competitive Actions
(1) The contracting officer will submit notifications to SAF/AQC thirty days prior to the anticipated Business Clearance Session with the DAS(C)/ADAS(C).
(2) No later than 10 business days prior to the desired Business Clearance Session, the contracting officer will forward the following documents through the SCO to SAF/AQC :
(a) Business Clearance Approval;
(b) Request for Business Clearance (competitive) briefing charts;
(c) Request for Proposal (including attachments); and
(d) On a case-by-case basis, additional documentation may be requested in support of the SAF/AQC and/or DPC Peer Review (e.g., Source Selection Plan, Acquisition Strategy Document, Acquisition Strategy Plan Charts).
(e) The designated CR will conduct the clearance review prior to submitting the required clearance documents to SAF/AQC.
(f) If DPC Peer Review is required, the Business Clearance Session to brief the clearance approval official occurs either before or after the commencement of the DPC Peer Review Phase 1. The decision to hold Peer Reviews prior to Business Clearance approval will be made in coordination with SAF/AQC. Should Business Clearance be held prior to the Peer Review, Business Clearance is conditioned upon successful completion of the Peer Review. If DPC Peer Review is required, and the Business Clearance Session has been delegated to the SCO, follow the procedures above for notification and document submission to SAF/AQC.
MP5301.9001i2vi - Clearance Approval when the HCA is SSC/PK Director
MP5301.9001i2viA (A) Procedures.
(1) The Clearance Approval Authority (CAA) is responsible for tailoring the documentation needs, briefing requirements, and review processes to fit each action subject to clearance approval. Guidelines to inform the CAA’s decisions regarding procedures are presented below. The contracting officer shall consult with the CAA early in the acquisition process to determine the documentation, briefing, and review expectations.
(a) Documentation and Briefing. The magnitude, complexity, and risk of the proposed action should govern the documentation and briefing requirements. The contract file must document the Clearance approval and identify the information relied upon in making the Clearance decision.
(b) Review. The magnitude, complexity, and risk of the proposed action should also inform review procedures (e.g., timing and duration of review, review team members, documentation to be reviewed, expected output from the review team). Clearance review provides an independent examination of the proposed action and may be conducted by the CAA or an independent advisor to the CAA. Clearance review at the SCO level is typically performed by SSC/PKV with support from SSC/PKF and SSC/JAQ. In some circumstances, inclusion of representatives from other functional organizations (e.g., SSC/FM, SSC/SB) may be beneficial.
(c) When a DoD Peer Review is required, Clearance should ordinarily be conducted prior to the Peer Review and Clearance approval should be made contingent on Peer Review results unless the Clearance Approval Authority directs otherwise