TRANSFARS PART 5501
THE FEDERAL ACQUISITION REGULATION SYSTEM
SUBPART 5501.1 – PURPOSE, AUTHORITY, ISSUANCE
5501.101 Purpose.
This United States Transportation Command Acquisition Regulation Supplement (TRANSFARS) provides complementary command guidance to the Federal Acquisition Regulation (FAR), and DOD FAR Supplement (DFARS).
5501.103 Authority.
The TRANSFARS applies to all USTRANSCOM contracting officers that receive contracting authority from USTRANSCOM, Director of Acquisition (TCAQ).
SUBPART 5501.2 – ADMINISTRATION
5501.201-1 The Two Councils.
(d) The TRANSFARS is prepared and maintained by the Business Support/Policy Division (TCAQ-P).
(i). Proposed revisions to the FAR, DFARS, or TRANSFARS shall be submitted in accordance with DFARS 201.201-1(d)(i).
SUBPART 5501.3 – AGENCY ACQUISITION REGULATIONS
5501.301 -- Policy.
(a)(2) TCAQ maintains operating instructions that further explain procedures for subject matters that are internal to the agency and do not have a significant impact on contractors or offerors. These instructions will be kept to a minimum and are approved by TCAQ.
5501.303 Publication and codification.
(a)
(i) United States Transportation Command is assigned Chapter 55 of Title 48 Code of Federal Regulations (CFR).
5501.304 -- Agency control and compliance procedures.
(4)
(a) As used in this section, the term clause includes provisions and means a term or condition of the type set forth in FAR Part 52, DFARS Part 252, and TRANSFARS 5552.
(b) Requests for clauses shall be submitted in writing to TCAQ-P and include a copy of the clause(s), sufficient justification as to why the clause is needed in accordance with DFARS 201.201-1(d)(i). The Head of the Contracting Activity is the approval authority for local clauses.
(c) TCAQ-P shall conduct an annual review of all TRANSFARS clauses in use. Reviews may recommend retention, deletion or modification of the existing clauses.
(d) USTRANSCOM Point of Contact (POC):
United States Transportation Command
Chief, Business Support/Policy Division
508 Scott Drive
Scott AFB IL 62225-5357
ustcaq-p@ustranscom.mil
(5) Changes, revisions, policy letters, and operating instructions shall be distributed to Directorate of Acquisition divisions electronically and posted to the shared drive.
(6) All documents relating to procurement matters that require review, coordination, and/or approval by the Office of the Under Secretary of Defense, Defense Procurement and Acquisition Policy (DPAP) must be sent through TCAQ-P and be endorsed in writing by the Director of Acquisition. Document packages will clearly show all reviews and coordination that the action has received at the Division and lower-levels, to include legal counsel review.
SUBPART 5501.4 – DEVIATIONS FROM THE FAR
5501.402 Policy.
(2)
(i) The Director of Acquisition (TCAQ) is the approval authority within USTRANSCOM for FAR and DFARS individual deviations except for the individual or class deviations at DFARS 201.402(1).
(ii) TCAQ shall approve deviations to TRANSFARS.
5501.403 Individual Deviations.
(1) See approval requirements in 5501.304(4).
SUBPART 5501.6 Career Development, Contracting Authority, and Responsibilities
5501.602-2 Responsibilities
5501.602-2-1 Appointment of Ordering Officers
(a) Authority. USTRANSCOM Contracting Officers are authorized to appoint qualified ordering officers for indefinite delivery contracts awarded by or administered by USTRANSCOM/TCAQ. The USTRANSCOM Contracting Officer may document exceptions to Ordering Officer appointments based on the contract. See TRANSFARS 5553.90 for sample nomination and appointment letters. The ordering officer’s authority may not be re-delegated and is primarily for the following purpose:
(1) To place orders against indefinite delivery contracts awarded by or administered by USTRANSCOM/TCAQ, provided all orders are placed within the contract terms/conditions and monetary limitations specified in the contract.
(b) Definitions
(1) Ordering Officer (OO). An individual authorized by a USTRANSCOM Contracting Officer to place orders against indefinite delivery contracts for transportation or transportation-related service contracts awarded by USTRANSCOM.
(c) Procedures
(1) Appointing Authority. The USTRANSCOM Contracting Officer shall:
(i) Receive a nomination letter from the ordering Military Services/Agency (TRANSFARS 5553.9001);
(ii) Appoint and terminate ordering officers by letter tailored to fit the circumstances of the appointment (TRANSFARS 5553.9002);
(iii) Maintain a file of nominations, appointments and training for each ordering officer;
(iv) Require individuals appointed as ordering officers to acknowledge receipt of their appointment letters in writing;
(v) Notify contractors of appointments and terminations of ordering officers in writing;
(2) Training. The USTRANSCOM Contracting Officer shall be responsible to ensure the OO completes the following training prior to appointment.
(i) Procurement Ethics Training. DAU Continuous Learning Module (CLM 003), Ethics Training for Acquisition Technology and Logistics Workforce, or an acceptable substitute approved by the USTRANSCOM Contracting Officer.
(ii) General Training. This training will be conducted by the USTRANSCOM Contracting Officer.
(iii) Contract Specific Training. This training will be conducted by the USTRANSCOM Contracting Officer.
(iv) Ratifications. Read USTRANSCOMI 63-6, Ratification of Unauthorized Commitments.
(3) Surveillance. Surveillance will be conducted annually on the ordering officer’s files in person, electronically, or another method decided by the USTRANSCOM Contracting Officer or document the reasons why this cannot be accomplished. The USTRANSCOM Contracting Officer shall ensure samplings of the ordering officer’s purchasing documents are reviewed. Copies of inspection and review findings shall be retained for one year in the ordering officer files.
(i) This review shall include whether the ordering officer is:
(A) Operating within the scope and limitations of authority stated in the appointment letter and FAR Subparts 3.1, Safeguards and 3.2, Contractor Gratuities to Government Personnel;
(B) Maintaining the standards of conduct prescribed in DoD 5500.7-R, Joint Ethics Regulation (JER);
(C) Engaging in improper practices, including, but not limited to splitting purchase transactions to avoid monetary limitations or re-delegating authority to others;
(D) Adhering to best value decisions and fair opportunity procedures, if applicable to the contract terms and conditions; and
(E) Submitting correct and timely information for reporting purposes.
(ii) If the appointing authority finds that an ordering officer is not properly performing assigned duties or is failing to take prompt action to correct deficiencies noted in inspections or reviews, the appointing authority shall terminate the ordering officer’s appointment.
(4) Termination.
(i) The appointment of an ordering officer shall remain in effect until the ordering officer is reassigned or until the ordering officer’s employment is terminated, unless sooner revoked by the appointing authority or successor. No termination shall be made to take effect retroactively.
(ii) Terminations of appointments shall be made in writing except for terminations which result when contracts expire.
