this section, an administrative approval of such contract will be obtained prior to award from one of the following, as appropriate:

(1) Hq AMC, by the Deputy for Procurement: The request for approval will be forwarded through the Procurement Division (MCPP), to the Deputy for Procurement.

(2) AMC field procurement activities as required by their commanders.

(3) Base procurement activities, foreign procurement activities, and major command central procurement activities, as required by the commander of the major command.

(4) Air Research and Development Command, as required by the Commander, ARDC.

(5) AMC base procurement activities not under the jurisdiction of an AMA or AF depot, as required by the commander of the activity concerned.

(e) Administrative approval of subcontracts: When an administrative contracting officer has reason to believe that the approval of a proposed subcontract or purchase order would violate the policy, approval will be obtained from the head of the activity responsible for the administration of the contract prior to any other required approval of such subcontract or purchase order. [27 F.R. 1603, Feb. 21, 1962]

§ 1001.305 Time of delivery or performance.

[27 F.R. 1603, Feb. 21, 1962]

§ 1001.305-2 General.

See § 1001.310.

[27 F.R. 9914, Oct. 9, 1962]

§ 1001.305-3 Terms.

(a) See § 1.305-3 (a) of this title. (1) See § 1.305-3 (a) (1) of this title. (2) It is AF policy to avoid the use of this paragraph whenever practical.

(3) See § 1.305–3(a) (3) of this title. (b) to (d) See § 1.305-3 (b) to (d) of this title.

(e) (1) All contractual documents with the exception of DD Form 1155 and those with "required" delivery forwarded to AF contractors, will be accompanied by AFPI Form 29, "Contractual Document Transmittal-Receipt Card." This procedure will establish a specific date for the delivery of supplies or services

as set forth in § 1.305-3 of this title and this section.

(2) When the "required" delivery provision is inserted in an IFB or RFP, the resulting written notice of award or fully executed and binding contract, except for orders placed on DD Form 1155, will be forwarded to the contractor by certified mail, return receipt requested. In such cases, the buyer will attach to the contract file appropriate notification to that effect.

(3) Use of AFPI Form 29. The purchasing activity will:

(i) Prepare AFPI Form 29 for transmittal to the contractor with the written notice of award or other contractual document, as follows:

(a) One copy will be addressed for return to the activity responsible for the distribution of the contract.

(b) One copy will be addressed for return to the APD, AFPRO, or other office responsible for administration of the contract, if the contract is to be administered by some office other than the contracting office making the award or contract.

(c) Both copies will contain the contractor's name and address as well as a listing of documents transmitted.

(ii) File AFPI Form 29 in the official contract file upon receipt of the form from the contractor.

(f) See § 1.305-3 (f) of this title. [27 F.R. 1603, Feb. 21, 1962]

§ 1001.305-4 Time of delivery clauses.

(a) See paragraphs (d) and (e) of this section.

(b) and (c) See § 1.305-4 (b) and (c) of this title.

(d) (1) If the buyers desire to specify a rate of delivery as well as a date for completion of delivery, they may specify the delivery schedule in a delivery provision similar to the following.

coordinate with requirements personnel at the activity issuing the order to assure that the revised delivery schedule is consistent with AF needs and requirements. When necessary, coordinate with the contractor to establish a delivery schedule which is acceptable to both the Government and the contractor. No coordination need be effected with the PCO unless the use of overtime becomes necessary.

[28 F.R. 8142, Aug. 8, 1963]

§ 1001.305-52 Amendment of delivery schedules in supply or research and development contracts.

(Not applicable to base procurement contracts.)

or

(a) Contracts having unrealistic delivery schedules may be changed if the best interests of the Government will be furthered by such action, and contracts having delinquent delivery schedules may be amended if the best interests of the Government will not be jeopardized by such action. Delinquent delivery schedules will be held to a minimum at all times consistent with the preceding sentence. If the facts surrounding an individual contract warrant such action, the ACO or the procuring contracting officer (PCO), if the contract is administered by the procuring activity, will, immediately upon determination notification that a contractor will not be able to complete deliveries on schedule, take affirmative steps to initiate an amendment of the delivery schedule according to instructions in subparagraphs (1) to (4) of this paragraph. If the contractor is delinquent, the ACO or the PCO, if the contract is being administered by the procuring activity, may initiate an amendment of the delivery schedule according to instructions in subparagraphs (1) to (4) of this paragraph, or the ACO or PCO may recommend termination of the contract according to Part 1008 of this chapter. Extensions of delivery schedules may be effected without approval from higher Headquarters in the following instances: (For the division of responsibilities between the ACO and PCO see paragraphs (c) and (d) of this section.)

(1) When the amendment is supported by legal consideration: This occurs when the contractor offers a price reduction or other benefits in consideration for an extension of delivery schedule and the Air Force's or other Armed

Services interest will not be prejudiced by such extension.

(2) Pursuant to changed Government requirements: Such a case would be where extension of the delivery schedule is dictated by an authenticated revised delivery requirement of the Air Force or the other armed services. Every effort will be made to obtain from the contractor an agreement whereby the Government will obtain the benefits of any savings to the contractor on account of the revised delivery schedule.

(3) Pursuant to specific, standard ASPR or AFPI contractual clauses: Such clauses include the Changes Clause, the Default Clause, particularly the excusable delay portion, the Government-Furnished Property Clause, the Government Property Clause, and the Excusable Delays Clause.

(4) Pursuant to special contract provisions: These are provisions, other than standard ASPR or AFPI clauses, made a part of a contract and agreed to by the parties thereto.

(b) Prior to issuing a contractual modification the ACO or PCO, whoever makes the determination to amend the delivery schedule, will effect coordination with his staff judge advocate for legality; however, in those instances where there is immediate reduction in contract price or an immediate passing of monetary consideration, such coordination need not be effected. In all cases referred to the staff judge advocate for coordination, he will determine whether or not legal consideration exists.

(c) Responsibilities of the ACO: (1) The ACO, according to the conditions contained herein but without coordination with the PCO or buyer (except where investigation indicates that there may be a basis for default termination), will accomplish and issue contractual modifications to amend only delivery schedules that pertain to:

(i) Approved price spare parts change requests (SPCRS) and approved price exhibits (§ 1007.2606-3 of this chapter), to open contracts covered by Subpart Z, Part 1007 of this chapter.

(ii) Spare parts, aerospace ground equipment, and training parts exhibits which are made a part of the contract by means of a supplemental agreement signed by the ACO. See Subpart D, Part 1055 of this subchapter.

(2) When a contractor alleges delinquent performance due to causes beyond

his control and without his fault or negligence, the ACO, if he is administering the contract, will investigate the allegations and make a finding of fact as to the conditions found to exist.

(3) Upon determination or notification that a contract under his administration is delinquent or almost delinquent and if he believes that a revision to the delivery schedule is warranted, the ACO will:

(i) When authorized to amend the delivery schedule, forward his findings, recommendations, and other information deemed pertinent to his staff judge advocate for a determination of the legality of the proposed revision. Furnish the staff judge advocate with the address, including code, of the production activity at the CMD or AFPRO concerned with the contract. The original copy of the staff judge advocate's opinion, either affirmative or negative, will be returned directly to the ACO with a copy to the production activity.

(ii) In all other instances, forward his findings, recommendations, and other information deemed pertinent to the PCO. If he is recommending a new, revised delivery schedule, furnish the PCO with the address, including code, of the production activity at the CMD AFPRO concerned with contract.

or

(iii) Regardless of whether the preceding subdivision (i) or (ii) of this subparagraph is involved, furnish the appropriate production activity with a copy of the findings, recommendations, and other pertinent information.

(4) Upon receipt of a DD Form 375, "Monthly Production Progress Report," marked "Action Document," the ACO will indorse his approval or disapproval. If approved and if circumstances indiIcate that the contractor will not meet the contract schedule within a reasonable period, the action described in subparagraph (3) of this paragraph, will be immediately taken by the ACO. What constitutes a reasonable period requires sound judgment by the ACO and diligence must be exercised not to waive the existing contract delivery schedule (see Subpart F, Part 1008 of this subchapter). If disapproval of any proposed schedule change is indicated by the ACO, reasons for such position will be stated on the DD Form 375. The ACO will then sign the reproducible DD Form 375 and forward to the production activity for distribution. Contracts containing liquidated damages clause require extra

vigilance. When the ACO believes that a contract containing a liquidated damages clause will become delinquent as to deliveries, he will promptly notify the production activity for initiation of a DD Form 375. The ACO will process inadequate DD Form 375 reports to the production activity for correction and clarification.

(5) After complying with the requirements specified in this section, the ACO, when authorized, will accomplish and issue, within 30 work days after receiving supply (prime AMA) and/or Aeronautical Systems Division (ASWG) (in the case of GFAE) coordination, a contractual modification revising the delivery schedule.

(6) Where investigation shows that grounds for a default termination may exist, the ACO will proceed according to the appropriate instructions set forth in paragraph (d) of this section and Subpart F, Part 1008, of this subchapter.

(d) Responsibilities of the PCO: (1) Upon determination or notification that a contract under the administration of the PCO is delinquent or almost delinquent and if the PCO believes that a revision to the delivery schedule is warranted, the PCO will try to amend the delivery schedule by obtaining the necessary staff judge advocate and supply (prime AMA) and/or ASD (ASWG) (in the case of GFAE) coordination.

(2) Within 5 days after receipt of a DD Form 375 marked "Action Document," the PCO will review the forecast, narrative and recommendations to determine impact on the affected program and will reply to the ACO and the production activity. The reply will indicate concurrence or nonconcurrence of the action recommended on the DD Form 375.

(i) When concurrence is indicated and the administrative offices (production and ACO) have recommended delivery schedule changes, the PCO will, within 10 work days, forward the findings, etc., to the AMA staff judge advocate for an opinion as to the legality of the proposed amendment. The original of the staff judge advocate's opinion will be returned directly to the PCO with copies to the ACO and to the production activity. When the ACO has recommended default termination, signed copies of the PCO's proposed action will also be forwarded to the cognizant local readjustment activity and to ASD (ASXKK), WPAFB, Ohio. When the

ACO has not concurred in proposed action, justification for proposed action by the PCO will be included in notification to the administrative offices and will cover the reasons advanced by the ACO.

(ii) When the PCO does not agree with the action proposed on the DD Form 375 marked "Action Document," he will furnish the administrative offices, local readjustment offices, and ASD (ASXKK), when default termination has been recommended, a statement of reasons for rejecting the recommended action.

(3) After complying with the requirements specified in this section, the PCO will accomplish and issue, within 30 work days after receiving prime AMA and/or ASD (ASWG), coordination, a contractual modification revising the delivery schedule.

(e) End article prime AMA and/or ASD (ASWG), coordination. With the exception of the revision of an unrealistic delivery schedule on a contract, where the originator of the PR-MIPR requirement initiates the request for an extension of delivery schedule, the concurrence of the end article prime AMA or in the case of GFAE, ASD (ASWG), will be obtained in all cases. When other service MIPRS are involved, coordination will be effected with the originator of the other service MIPR.

(f) In all other cases, neither the PCO nor the ACO is authorized to amend the delivery schedule without approval from higher headquarters. If the contractor elects, he may file a claim under Public Law 85-804, as implemented by Executive Order No. 10789. The contractor's claim will be processed according to Part 17 of this title.

(g) Any amendment of contract delivery schedules will conform strictly with the requirements of § 1001.305-50. [27 F.R. 1604, Feb. 21, 1962, as amended at 27 F.R. 9914, Oct. 9, 1962; 27 F.R. 11760, Nov. 29, 1962; 28 F.R. 2791, Mar. 21, 1963; 28 F.R. 14314, Dec. 27, 1963]

§ 1001.309 Solicitations for

informa

tional or planning purposes. Requests for quotations (including letter requests) for informational or planning purposes relating to weapon systems, subsystems, components, or support equipment, or developments leading to such items, and price and availability studies applicable to Military Assistance Program (Grant Aid only) may be issued only when completely justified to and

with the prior approval of the commander, or his designee, of the cognizant procuring activity, i.e., AFLC AMAS and 2709 AFVCG; Hq AFSC, AFSC divisions and centers, and OAR. All other requests will be submitted to AFLC (MCPP) for prior approval of the Director of Procurement and Production, Hq AFLC.

[28 F.R. 2792, Mar. 21, 1963]

§ 1001.310 Liquidated damages.

(a) (1) Liquidated damages provisions may be used only after prior approval of the following officials (as applicable) and the respective staff judge advocates: (i) Director of Procurement, Hq AFSC, and commanders of divisions and centers with power of redelegation to not below the level of the Deputy Chief of Staff/Procurement and Production (or comparable level), (ii) Director of Procurement and Production, Hq AFLC, his assistant or deputies, (iii) Directors of Procurement and Production of AFLC procurement activities, and (iv) within the other major air commands, at not below the level of a staff officer responsible for procurement within the headquarters of the first echelon of command immediately subordinate to the major air command. Requests for approval will be made in writing (electrically transmitted messages, or letters). Oral requests (either in person or telephone) will not be accepted. The following information will be furnished: (a) Identification number of the contemplated procurement (PR No., IFB No., and/or contract number); (b) data which will adequately substantiate the need for strict compliance with the delivery schedule and reflect the estimated damage that will result if the delivery schedule is not met; (c) the dollar amount of the contemplated procurement, the amount of competition available, the amount of estimated damages to be assessed, and the formula used to arrive at such estimate; (d) type and form of contract contemplated and the required delivery schedule to be met; (e) the AF technical personnel's written comment relative to the estimate of damages.

(2) The clause set forth below will be placed in the schedule when the clause in § 7.105-5 of this title is used and may be placed in the schedule when the clause in § 8.709 of this title is used:

Liquidated damages will be assessed at the rate of (dollar amount) per day in accord