The term "chief officer responsible for procurement" means the Commander, Air Materiel Command as sole head of a procuring activity within the Air Force. § 1001.201-53 Appropriated funds.

The term "appropriated funds" comprises all such funds, including funds allocated to, as distinguished from appropriated to, the Department (including available contract authorizations); but does not include organization, unit, or similar funds.

§ 1001.201–54 Base procurement.

The term "base procurement" means the authorized purchase with appropriated funds, of materials, supplies, and services by an AF installation (normally a base) for its own use or the use of a logistically supported activity. Base procurement is not limited to the immediate geographical area in which the base is located. Pending revision of the Air Force Procurement Instructions, wherever the term "local purchase" is used, it will be deemed to refer to "base procurement."

§ 1001.201-57 Foreign base procurement activity.

The term "foreign base procurement activity" means any AF installation that is engaged in base procurement and is located outside the United States, its Territories and possessions and the Commonwealth of Puerto Rico. The term includes air attaches and AF foreign missions.

§ 1001.201-58 AMC field procurement activities.

"AMC field procurement activities" means the purchasing activities (excluding base procurement) of AMC centers, air materiel areas located in the ConUS, Dayton AF Depot, and 2709th Vehicle Control Group.

§ 1001.201-59 Foreign central procurement activity.

"Foreign Central Procurement Activity" means any AMC installation that is engaged in central procurement and is located outside the United States, its Territories or possessions and the Commonwealth of Puerto Rico.

§ 1001.201-60 Oversea commands.

"Oversea commands" includes major air commands located in territories and possessions of the United States, as well as those in foreign countries, and major commands located in Alaska and Hawaii.

§ 1001.201-61 Continental United States (ConUS).

"Continental United States (ConUS)" means the forty-eight states contiguous to each other and the District of Columbia but does not include Alaska and Hawaii.

§ 1001.201-62 Contract management regions (CMR's).

plans, military construction projects (including family housing projects) and the maintenance, alteration and repair of constructed facilities. Title I may include reviewing, checking, coordinating and recommending approval of shop drawings and material samples submitted by construction contractors to assure that they conform to the requirements and intent of the approved construction contract drawings and specifications when no Title II contract is to be let.

(b) Title II Architect-Engineer Services means any services required to be furnished by an architect-engineer in connection with the general supervision and detailed field inspection of the construction of a project to ensure that all phases of the construction work are performed in strict compliance with the intent and requirements of the approved construction contract documents, and the furnishing of such other technical services during the construction period as may be required and specified. Title II includes post construction architectengineers services, such as: assisting in final inspection, preparing "as built” drawings, supervising operating and other tests, and preparing operating and maintenance instructions.

The progress whereby parts, components and subsystems of major subsystems and/or systems are isolated and listed for consideration of the method of procurement to be used for their acquisition. As a result of the breakout process the items listed may then be acquired direct from the actual manufacturer or from industry on a competitive basis, where such method of procurement is technically and economically feasible and does not result in degradation of the items listed.

[28 F.R. 11063, Oct. 16, 1963]

Subpart C-General Policies

§ 1001.302 Sources of supplies. [27 F.R. 1602, Feb. 21, 1962]

§ 1001.302-3 Production and research and development pools.

(a) Description: See § 1.302-3 (a) of this title.

(b) General rule: A pool designated by the administrator of the SBA as a "small business pool" is subject to the policies and procedures set forth in Subpart G, Part 1 of this title and Subpart G of this part.

(c) Ascertainment of status: In any case where the award of a contract to a group reporting itself as a production or research and development pool is contemplated, the contracting officer will request the small business specialist in the APD within whose geographical boundaries the pool is located to obtain from the SBA for forwarding to the contracting officer the following:

(1) A copy of the SBA or OCDM notification of approval of the pool.

(2) A list of the member companies of the pool and a statement regarding the type of organization and plan of operation of the pool.

(d) and (e) See § 1.302–3 (d) and (e) of this title.

[27 F.R. 1602, Feb. 21, 1962]

§ 1001.302-4

Foreign purchases.

See Part 6 of this title and Part 1006 of this chapter.

[27 F.R. 1602, Feb. 21, 1962]

§ 1001.302-50 Contracts between the Government and its employees, proposed subcontracts between Government prime contractors and Government employees.

(a) Procurement contracts: Procurement contracts between the Government and its employees or business organizations substantially owned or controlled by Government employees will not be entered into except for the most compelling reasons. Proposed subcontracts or purchase orders between prime contractors and Government employees will not be approved except for the most compelling reasons.

(b) Sales contracts: Surplus property may not be sold to military personnel on active duty, to civilian employees of the Armed Forces, including the Department of Defense, or to the immediate families, dependents, or agents of the foregoing except as provided for in AFM 67-1, volume 6, chapter 11, paragraph 3a (2).

(c) In certain instances contracts between the Government and its employees may be subject to the limitations of the dual compensation statutes. Questions with regard to these laws should be referred to the local staff judge advocate.

(d) Administrative approval of AF contracts: Even though a contracting officer has reason to believe that the award of a contract would not violate the policy expressed in paragraph (a) of

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