AFFARS Part 5342

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PART 5342-CONTRACT ADMINISTRATION

SUBPART 5342.2-ASSIGNMENT OF CONTRACT ADMINISTRATION

(a) Policy. The contracting office may request DCMC to administer on-base weapon system contracts when mission considerations, technical skill requirements, and manpower availability warrant the delegation and "mixed CAS" will not occur (i.e., where more than one CAS activity deals with the same contractor at the same military installation). This policy enhances Air Force management of weapon system contracts and ensures the best use of Air Force and DCMC technical expertise and manpower resources. When DCMC is responsible for administering an on-base weapon system contract, the Air Force may provide direct technical support to DCMC (e.g., quality assurance), if DCMC agrees.
(b) Responsibility. When a contracting activity (or other requesting activity) arranges for a base or another organization (servicing organization) to perform CAS functions at an installation, the contracting/requesting activity must provide whatever instruction, assistance or supervision is necessary for the servicing organization to perform the delegated CAS functions. This includes providing manpower spaces and funding until the servicing organization can obtain these through the resource requirement process.
(c) CAS tasks. Limit requests to essential tasks. Coordinate the delegation request with concerned Air Force organizations (e.g., Western Space and Missile Center) prior to requesting a base or another servicing organization to perform CAS functions. Delegations may be expanded if the servicing organization agrees (see FAR 42.102 (c), (d), and (e); FAR 42.202; FAR 42.204; and FAR 42.206).
(d) CAS delegation. Delegate specific CAS functions to a base or other servicing organization using a written document, such as a letter or memorandum of agreement. This document shall, at a minimum, identify:

SUBPART 5342.4-CORRESPONDENCE AND VISITS

When contract performance requires contractor personnel to make frequent visits to or perform work on an Air Force installation, the contracting officer must ensure that the prime contractor obtains base identification and vehicle passes. Contractor personnel must be required to wear or prominently display installation identification badges or contractor-furnished, contractor identification badges while on the installation.

The contracting officer must insert the clause substantially the same as the clause at 5352.242-9000, Contractor Access to Air Force Installations, in solicitations and contracts that require contractor personnel to make frequent visits to or perform work on an Air Force installation.

SUBPART 5342.5-POSTAWARD ORIENTATION

(a) Postaward or preperformance conferences are mandatory for construction contracts in excess of $100,000 that are substantially performed on Government premises. Contracting officers may require such conferences below $100,000, if necessary. The contracting officer must consider the following factors in making this determination:

(b) AF Form 3035, Preperformance Conference and Prefinal Payment Checklist, sets forth important factors to be discussed at a construction contract preperformance conference.

If a preperformance conference is not being held for a construction contract, the contracting officer must write a letter to the contractor explaining the applicable items referred to on the AF Form 3035. When a letter is used instead of a conference, include in the contract file a statement justifying the substitution and the contractor's acknowledgment of its receipt and understanding of the responsibilities stated in the letter.

SUBPART 5342.7-INDIRECT COST RATES

(b) Waiver of certification. Except for AFMC, forward requests for Secretarial waiver through MAJCOM channels to SAF/AQCP for processing through SAF/AQ to SAF/OS. AFMC requests will be submitted to SAF/AQCP in accordance with AFMC procedures.

SUBPART 42.15-CONTRACTOR PERFORMANCE INFORMATION

SUBPART 5342.71-VOLUNTARY REFUNDS

(a) The HCA must establish procedures to ensure that proper action is taken regarding voluntary refunds based on extra contractual consideration and for determining the amount to be sought.
(b) Except for refund actions recommended by the GAO (see (e) below), the authority to approve solicitation of a voluntary refund is delegated to the HCA (nondelegable). If the refund action being initiated results from in-house investigation, the staff officer must prepare a detailed statement which includes the following information and forward the statement to the HCA:

(c) After MAJCOM/JA coordination (as a minimum), the HCA may approve proceeding with the action.
(d) Upon receipt of approval from the HCA to proceed with the proposed action, the staff officer must prepare a letter to the president or principal officer of the contractor that:

(e) If the refund action was recommended by the GAO, the staff officer shall:

(f) Whenever the Air Force does not comply with a GAO recommendation for refund action, the Air Force position is included in the GAO report to Congress. Therefore, a thorough analysis and justification of the Air Force position is imperative. Careful consideration must be given to what legal recourse is available.

(a) HQ AFMC/CC has the authority to solicit voluntary refunds pertaining to the acquisition of either initial or replenishment spare parts. This authority may be redelegated to the commanders of air logistics and product centers, without authority to redelegate. HQ AFMC must establish procedures to ensure that proper action is taken regarding voluntary refunds pertaining to the acquisition of either initial or replenishment spare parts and for determining the amount to be sought.
(b) The staff officer responsible for contracting at the approval level headquarters, or higher authority, is responsible for determining what action should be taken to solicit a refund based on extra contractual consideration and for determining the amount to be sought.
(c) The contracting officer may also initiate an in-house investigation to determine if such action should be taken. If investigation results indicate that a refund action is appropriate, the contracting officer shall:

(d) If the refund action has been recommended by the GAO, the staff officer must comply with the requirements in 5342.7101-90 (e) and (f).
(e) The staff officer responsible for contracting at the approval level headquarters must exhaust every reasonable means to obtain the refund or adjustment. If unable to secure the refund, the staff officer must report to the approving authority the action taken and recommend whether any further action should be taken (which may include elevating the matter, through channels, to the commander of the MAJCOM, with the recommendation that the commander pursue the refund with the contractor's top management).

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