in the military departments be instructed to avoid conditions which would place upon the services the responsibility of providing medical and dental care and hospitalization for contractor's employees; except when isolation and lack of civilian facilities for hospitalization or economic advantage to the Government become overriding factors of importance.

(c) This policy does not apply to preventive medical functions overseas, which remains the responsibility of the military departments.

[27 F.R. 1610, Feb. 21, 1962]

§ 1001.363 Responsibility of procurement personnel to question procure

ments.

All procurement personnel will use the knowledge gained by daily contact with industry, commodities, markets, prices, and normal process of doing business to support the overall AF mission. This includes questioning any contemplated procurement action that appears inconsistent with this knowledge or whereever else in the judgment of the procuring personnel the Government could be better served by a change in the requirement. Procurement of items questioned I will not be made until the matter is resolved by the principal staff officer responsible for the requiring activity and the director of procurement and production of the procuring activity. Question

ing may include:

(a) Where items contemplated to be procured require development and it can be reasonably ascertained that suitable commercial items are available which essentially meet the requirements.

(b) Where procurement data furnished appears to be either more or less restrictive than necessary to assure quality items from a production or performance standpoint.

(c) Where sufficient quality assurance data appears to be lacking.

(1) Where quantity, including economic reorder amounts appear inconsistent.

(e) Where addition or deletion of component improvement requirements appear desirable.

(f) Where the approval level of the requirement appears to be inconsistent with the sensitivity of the requirement from a standpoint of national interest.

(a) The primary purpose of advance procurement planning is to effect procurement on a competitive basis to the maximum practicable extent. The procurement of supplies and services competitively, particularly military items of a complex and specialized nature, depends largely upon the timeliness, extent, and effectiveness of prior planning toward such end.

(b) Advance procurement planning is the responsibility of Heads of Procuring Activities, the scope of such planning to vary with the complexity and dollar value of items concerned. Such planning is required of all procurements, except procurements of nonrecurring requirements; and procurements of recurring requirements wherein competition, type(s) of contract (s), and breakout, are optimum as determined by an individual exercising manual approval authority above the level of the contracting officer.

(c) Advance procurement planning will be initially accomplished as early as possible, preferably in conjunction with planning for requirements entering the development phase with appropriate revisions and up-dating to be processed as the development phase progresses and work statements and specifications become firmly established. Such planning will result in:

(1) The establishment of procurement objectives in terms of breakout, competitive procurement, and competition at the subcontract level.

(2) The establishment of specific milestones for receipt of approved specifications and adequate reprocurement data.

(3) The establishment of specific milestones for time phasing from cost reimbursable type contracting to incentive and fixed-price type contracting where such action is desirable and feasible.

(d) Consideration will be given, but not limited to, the following factors on an item-by-item basis as applicable:

(1) Availability, or plans for timely acquisition of adequate procurement data. (2) Current and all future requirements.

(3) Identification and adequacy of organic technical capabilities and resources necessary to facilitate breakout and competition by performing or reviewing the functions of technical direction, design control, product improvement, qualification testing, and others.

(4) Administrative, production, and installation leadtime required, including availability of funds for advance procurement where available leadtime is insufficient for the introduction of breakout and competition or to further increase breakout and competition.

(5) Need to maintain continuous production to avoid impairment of qualitative and delivery requirements.

(6) Need for special capabilities or techniques required to produce the item.

(7) Need to perpetuate prime contractor control of an integral component or part of the system, subsystem, or equipment to assure system reliability.

(8) Other factors applicable to specific cases.

(e) It will be necessary in the development of advance procurement planning to consider and evaluate information obtained from requirements, determination, programming, fiscal, engineering, production, supply, maintenance, contracting and administration sources. The advance procurement plan must be adequately coordinated so that reviewing and approving officials are satisfied that it represents a coordinated position. Any subsequent revisions of a major nature should return through the same review and approval cycle afforded the original plan.

(f) Advance procurement plans shall constitute a part of individual contract files. Information copies will be provided applicable System Program Offices (SPO) where the requirement concerned is a vital part of a system program. [28 F.R. 11064, Oct. 16, 1963, as amended at 29 F.R. 2845, Feb. 29, 1964]

§ 1001.367 Contracts for food of animal origin.

Contracts for food of animal origin will only be placed with those sources which are approved with respect to sanitation according to the standards and procedures prescribed in AFR 160-48 (Veterinary Food Inspection). In this respect, contracting officers will solicit the cooperation of the director of base medical services, base veterinarian, or other duly authorized persons in determining the acceptability of food sources

of supply. Further, the contracting officer will take necessary action to insure that his activity receives distribution or has access to all lists of approved sources of food (see AFR 160-48). These lists of approved sources are not to be used for the purpose of limiting consideration to a group of selected suppliers, but may be used only to suggest potential sources. Sources who wish to bid on food of animal origin requirements, but who have not been inspected, will be advised to apply in writing to the procurement activity concerned requesting a sanitary inspection. [31 F.R. 13213, Oct. 13, 1966] Subpart D-Procurement Responsibility and Authority

This subpart deals with (a) Procurement responsibility and authority of the Commanders, AFSC and AFLC; (b) designation and authority of contracting officers and their representatives, and (c) delegations of procurement authority. [29 F.R. 9764, July 21, 1964] § 1001.401

Responsibility of each procuring activity.

(a) The Commander, Air Force Logistics Command, as head of a procuring activity, is responsible for (1) Central procurement of supplies and services assigned to the procurement cognizance of AFLC, and (2) procurement of supplies and services assigned to major air commands. This responsibility includes the authority to issue delegations of authority, to impose limitations upon the authority delegated to require such approvals as may be prescribed in this subchapter, and maintain required surveillance over delegated procurement performance. This responsibility and authority extends over all activities of the Air Force (except AFSC and OAR as indicated in paragraph (b) of this section), including oversea commands, air attaches, and AF foreign missions.

(b) The Commander, Air Force Systems Command, as head of a procuring activity, is responsible for procurement of all (1) Systems, (2) research, development, test, and evaluation by AFSC and OAR, and (3) all supplies and services by AFSC and OAR, except for base procurement. This responsibility includes the authority to issue delegations of authority, to impose limitations upon the authority delegated to require such ap

provals as may be prescribed, and maintain required surveillance over delegated procurement performance.

(c) Except as specifically limited or prohibited herein, by the ASPR or by law, the authorities vested in the Commanders AFLC and AFSC may be delegated and redelegated.

[29 F.R. 9765, July 21, 1964]

§ 1001.402 Authority of contracting officers.

(a) The authority to enter into contracts applies only to contracting officers appointed under § 1001.405. The acts of a contracting officer must be within the scope of the written orders designating him a contracting officer. Unless otherwise specifically provided, the words "the contracting officer" also mean his duly designated successor. (Also see §1.201-3 of this title.)

(b) Purchases, contractual commitments, and changes to contracts will be made only by duly designated contracting officers. Technical personnel and others whose duties require contact, and discussions with contractors, will refrain from authorizing or directing changes in the work which may change the contractual terms or result in claims against the Government. However, purchases, contractual commitments, or changes made by persons not designated as contracting officers or purchases other than the exceptions listed below may, under certain circumstances, be ratified according to § 1001.453 (j). The following purchases are currently authorized to be made by other than contracting officers and need not be ratified:

(1) Imprest fund purchases made according to § 3.607 of this title and § 1003.607 of this subchapter.

(2) Purchases of fuel, oil, repairs, etc., made according to AFR 67-24 (USAF Invoice-AF Form 15 and Invoice Envelope-AF Form 15A) and AFM 77-1 (Management of Administrative Use of Motor Vehicles).

(3) Emergency purchases of medical supplies and equipment made according to paragraph 11, Chapter 16, Volume V, AFM 67-1 (USAF Supply Manual), followed by the issuance of a confirmatory purchase order by the base procurement officer or a cash purchase receipt by a cash purchasing officer.

(c) Commanders and others having administrative supervision over contracting officers will bear in mind that acts exceeding the delegated powers of

the contracting officer do not bind the Government and will refrain from directing contracting officers to take action which might expose the contracting officer to serious consequences. The office of the contracting officer should be placed, in the local organization, at a level which will protect it from intraorganizational pressure which might lead the contracting officer to perform improper acts exposing him to personal risk and the Air Force to criticism.

(d) Contracting officers must comply with Chapter 137, Title 10 U.S.C.; Subchapter A, Chapter I of this title; this subchapter, and other laws and directives issued by proper authority.

(e) Unless assigned to another contracting officer for administration, the procuring contracting officer will administer his contracts to completion.

(f) The responsibility of contracting officers relative to sale contracts is set forth in Chapter 11, Volume VI, AFM 67-1.

(g) Except as provided in this section, contracting officers will neither act as, nor perform the duties of, a contracting officer with respect to any contractual instrument obligating only nonappropriated funds. Contracting officers may act in an advisory capacity with respect to such instruments. Contracting officers are authorized to enter into and execute contracts funded, either partially or completely, with nonappropriated funds for construction work and architect engineer (A&E) services. See § 1004.5000 of this subchapter for policies and procedures for construction and A&E contracts funded partially or completely with nonappropriated funds.

(h) Contracting officers will not be assigned additional duties which will interfere with their procurement duties.

[29 F.R. 9765, July 21, 1964, as amended at 29 F.R. 15121, Nov. 10, 1964, 29 F.R. 17038, Dec. 12, 1964; 31 F.R. 13214, Oct. 13, 1966] § 1001.405 Selection, appointment, and termination of appointment of contracting officers.

Contracting officers and their representatives, as defined in § 1.201-3 of this title, will be those designated by the persons listed below, or by persons who are authorized in writing by the persons listed below to designate contracting officers within the meaning of that term as used throughout Chapter I of this title and this subchapter: Secretary of the Air Force (as defined in § 1.201-15 of this

title; Deputy Chief of Staff, Systems and Logistics; Director of Procurement Policy, Office of the Deputy Chief of Staff, Systems and Logistics; and heads of procuring activities (Commanders, AFLC and AFSC).

(a) AFLC authority to designate contracting officers and their representatives. Pursuant to § 1001.456, this authority has been redelegated by Director of Procurement and Production, HQ AFLC, to activities cited in § 1001.455 (b).

(b) AFSC authority to designate contracting officers and their representatives. This authority has been redelegated by the Deputy Chief of Staff, Procurement and Production, HQ AFSC. [31 F.R. 13214, Oct. 13, 1966]

§ 1001.405-1 Selection.

In addition to the requirements contained in § 1.405-1 of this title, contracting officer appointments will be limited to the following categories of personnel and subject to the requirements and limitations stated, except that the requirement pertaining to AFSCS in paragraph (a)(1) of this section may be waived by appointing authorities in AFLC and AFSC when the individual to be appointed has a level of procurement experience commensurate with the complexity of the procurement actions to be assigned the individual.

(a) Considerations. (1) Commissioned officers and NCOS (Grades E-6, E-7, E-8, and E-9) who have been awarded AFSC 6516, 6534, 65190, or 65170; or civilian personnel occupying a manning position listed under these AFSCS. Personnel must have successfully completed the OBR 6531 or AAR 65170 courses of instruction, previously held a contracting officer warrant, or had 2 or more years of procurement experi

ence.

(2) Commissioned officers who have more than 1 year procurement experience with authority limited to blanket purchase agreements, delivery orders, purchase orders and modifications thereto.

(3) NCOs in grade E-5 who have completed the AAR 65170 course of instruction or equivalent OJT with authority limited to blanket purchase agreements, delivery orders, purchase orders and modifications thereto.

(b) Not implemented. [31 F.R. 13214, Oct. 13, 1966]

or deputy

(a) (1) The commander commander of a base, division, wing, etc., and, in the case of AFLC activities, the Director of Procurement and Production will review and sign the request for designation of a contracting officer. In AFSC the request will be reviewed and signed by the officer (or civilian) immediately subordinate to the designating authority. The request will include:

(i) A résumé of his qualifications signed by the applicant.

(ii) A statement by the person signing the request that the qualifications contained in the résumé were verified against the applicant's personnel file.

(iii) If the designee is already an employee of the requesting activity and his qualifications are known, a statement that the designee is qualified.

(iv) If the designee is not an employee of the requesting activity and his qualifications are not known, a summary of an interview of the designee by the chief or deputy chief of the procurement activity. The summary will include a statement that the designee is qualified. If the designee is located at a distance which makes it impractical and uneconomical to conduct an interview, this requirement will be waived. Justification for not having an interview will be included. However, the statement that the designee is qualified must still be made.

(2) Request for designation of a representative of a contracting officer will be handled the same as in subparagraph (1) of this paragraph, except that:

(i) Unless it is impractical, the contracting officer desiring a representative will initiate the request, sign the statements, and conduct the interview instead of the chief or deputy chief of the procurement activity.

(ii) If the contracting officer takes the action in subdivision (i) of this subparagraph, the chief or deputy chief of the procurement activity will review the request prior to transmittal.

(iii) The approval of the designee's commander will be obtained when the designee is not under the jurisdiction of the designating authority (see authority under § 1001.405 (a) and (b)).

(3) Requests for designation will be sent through channels to the appropriate designating authority (see authority under § 1001.405 (a) and (b)). Requests for designation of personnel as contracting officer, who do not meet the full cri

teria in § 1001.405-1, together with the following additional information, may be submitted by the appropriate designating authority to AFLC (MCPP), or AFSC (SCKPR) (for AFSC activities), for review and approval.

(i) Complete justification for the proposed appointment.

(ii) Action taken to preclude recurrence of a situation where other than qualified personnel are recommended for appointment as a contracting officer.

(iii) A list of persons in the same office who are qualified for appointment, their present duties, and whether they are now appointed contracting officer.

(4) Designations and terminations of representatives of contracting officers will be in letter form.

(b) Not implemented.

[31 F.R. 13214, Oct. 13, 1966]
§§ 1001.405-3-1001.405-49

plemented]

§ 1001.405-50

[Not im

Distribution of designation and termination of appointment instruments.

Each designating authority will promptly distribute copies of instruments of designation and termination as follows:

(a) Designation of contracting officers. (1) Original to the individual designated.

(2) One true copy to the individual designated (to be furnished by that individual to the accounting and finance officer if requested by the latter).

(3) In the case of military personnel, one true copy to the activity having custody of the military field personnel records for permanent retention in the individual's personnel file.

(b) Termination of contracting officer. Distribution as provided in paragraph (a) of this section, except paragraph (a) (2) of this section. The accounting and finance officer will be sent a copy of each termination letter so he can cancel out the DD Form 577, Signature Card, on file in his office.

(c) Designation of representatives. (1) Original to the individual designated.

(2) One true copy to the contracting officer whom the representative serves. (d) Termination of representatives. Distribution as provided in paragraph (c) of this section.

[31 F.R. 13214, Oct. 13, 1966]

§ 1001.405-51_Representatives of contracting officers.

(a) The appointment of representatives of contracting officers will not be made unless it is determined that the duties of the individual cannot be performed by appointment as a limited contracting officer or designation of a Government agency or position in the contractual document as authorized by paragraph (c) of this section.

(b) The designating authority (see authority under § 1001.405) may designate according to § 1001.405-2(a) (2), any officer, warrant officer, civilian, or noncommissioned officer to act as representative of a contracting officer or his duly designated successor. The written designation will contain specific instructions as to the extent to which the representatives may take action for the contracting officer but will not contain authority to sign contractual documents.

(c) A Government agency or position (by title but not an individual by name) may be designated in the contractual document to perform specific functions under the contract. Such functions may include inspection, approval of shop drawings, testing, approval of samples, scheduling and signing work orders or equipment orders, determining number of hours for a job, and other functions of a technical nature not involving a change to the scope, price, terms, or conditions of the basic contract or order. The responsibilities and limitations of the agency or position will be set forth in the contract or in a separate letter. If a letter is used a copy will be furnished the contractor. The contracting officer will monitor the actions of the designated agency or position to insure that they do not exceed assigned functions. The functions assigned will not violate policies (e.g., base procurement centralization policy prescribed in §§ 1001.402, 1001.201-55, and 1003.608-6 of this subchapter) which reserve certain actions or authorities to contracting officers or which require approval prior to placing the authority or procedure in effect.

(d) A person assigned to and performing his primary duty within a procurement office, and who is under the supervision of a contracting officer, does not require designation as a representative nor designation in a contractual document to perform his assigned duties. Such a person is considered to be an employee of the contracting officer, acting in his behalf and as such has the inherent