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Contracts for

volving the procurement of miscellaneous base services and facilities under indefinite delivery contracts issued by AFLC (ROAMA) or GSA.

(b) communication services. (1) The Commander, AFLC, has been authorized to enter into contracts for communication services for periods extending beyond the current fiscal year but not to exceed 10 years, under one or more of the following circumstances.

(i) When services are obtained from communication common carrier whose rates are regulated by a Federal, State, or other public regulatory body;

(ii) Where the services are obtained by competitive means from other than communication carriers and;

(a) Where there are obtained lower rates, larger discounts, or more favorable conditions of service than those available under contracts the firm term of which would not extend beyond a current fiscal year.

(b) Where nonrecurring or termination charges payable under contracts the firm term of which would not extend beyond a current fiscal year are eliminated or reduced.

(iii) The termination liability incurred by the contract, when added to the cumulative termination liabilities of existing contracts does not exceed the termination liability ceilings imposed by public law or departmental administrative procedures.

(2) The authority of the Commander, AFLC, as described in subparagraph (1) of this paragraph has been delegated to the Director and Deputy Director of Procurement and Production, Hq AFLC, with power of redelegation.

(3) The authority referred to in subparagraph (2) of this paragraph has been redelegated by the Director of Procurement and Production to the persons listed below:

(i) Commander, Air Force Communication Service, with respect to leased private line services and leased tactical on-base communication services, with power of redelegation.

(ii) Commander, ROAMA, with respect to initial installations and major modification of base support leased facilities, with power of redelegation to the commanders of the GEEIA regions.

(iii) Commanders of major air commands and commanders of air materiel areas, with respect to miscellaneous base services and facilities, commanders of major air commands and commanders of air materiel areas may redelegate to contracting officers of subordinate functions that portion of the above authority in

[27 F.R. 1611, Feb. 21, 1962; as amended at 28 F.R. 9580, Aug. 31, 1963; 30 F.R. 1775, Feb. 9, 1965; 30 F.R. 2313, Feb. 20, 1965; 31 F.R. 13216, Oct. 13, 1966]

§ 1001.464 Delegation to Commander, Air Training Command.

Authority for procurement of services for primary pilot training has been delegated to the Commander, ATC, by Director of Procurement and Production, HQ AMC (redesignated AFLC).

[31 F.R. 13216, Oct. 13, 1966]

§ 1001.466 Participation by airlines representatives in flights of commercially adaptable military aircraft.

(a) Requests of contractors to permit participation by representatives of domestic or foreign commercial airlines, for demonstration purposes, in flights of commercially adaptable military aircraft will be reviewed on an individual basis only when submitted in writing through the military representative responsible for local administration of the production contract.

(b) Authority to act on these requests is delegated to the Commanders AFSC and AFLC, provided:

(1) No classified military information is revealed or discussed.

(2) Adequate measures are taken to indemnify the Government against any liability to personnel to whom the aircraft is being demonstrated.

(3) The proposed demonstration is limited to normal production test flights conducted by the contractor's test pilots in connection with contract performance prior to acceptance of the aircraft by the Government.

(4) No additional cost will accrue to the Government because of the demonstration.

(c) The authority described in paragraph (b) of this section is delegated to the Director and Deputy Director of Procurement, Hq AFSC, and the Director and Deputy Director of Procurement and Production, Hq AFLC, without power of redelegation. The authority will be exercised on an individual basis only on contractors' requests submitted in writing through the AF representative responsible for local administration of the production contract. [28 F.R. 8143, Aug. 8, 1963]

Subpart E-Contingent or Other Fees SOURCE: The provisions of this Subpart E appear at 31 F.R. 2684, Feb. 12, 1966, unless otherwise noted.

§ 1001.508

§ 1001.508-2

Enforcement.

Failure or refusal to fur

nish Standard Form 119.

Within the Air Force, the Designees of the Head of the Procuring Activity who are to take appropriate action according to $ 1.508-2 of this title, are as follows: (a) AFSC systems divisions by those persons designated by the Commander.

(b) AFLC central procurement activities by directors or deputy directors of procurement and production.

(c) Base procurement activities, by the chief, base procurement contracting office.

(d) Hq AFSC, by those persons designated by Director of Procurement, Hq AFSC.

§ 1001.508-3

Misrepresentations or violations of the covenant against contingent fees.

Within the Air Force, the Designees of the Head of the Procuring Activity and/or the methods of taking appropriate action according to § 1.508-3 of this title, are as follows:

(a) Determination of whether the bid or offer should be rejected will be made as set forth in § 1001.508-2.

(b) Action to enforce the covenant will be taken only upon the written recommendation of the appropriate local staff judge advocate.

(c) Future eligibility will be established by forwarding a summary and statement of all pertinent facts of each case to AFLC (MCPK) through channels with appropriate recommendation.

(d) Final determination of whether the case should be referred to the Department of Justice according to § 1.111 of this title will be made by Hq AFLC. A summary and statement of all pertinent facts of each case will be submitted to AFLC (MCPK), through normal channels with appropriate recommendation. Subpart F-Debarment, Ineligibility, and Suspension

SOURCE: The provisions of this Subpart F appear at 31 F.R. 4590, Mar. 18, 1966, unless otherwise noted.

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AFL 70-23, Joint Consolidated List of Debarred, Ineligible, and Suspended Contractors, will be published, maintained, and distributed for the information and guidance of AF contracting officers and other concerned procurement personnel. § 1001.601-3 Joint Consolidated List.

(a) Changes. Additions, deletions, or modifications to the Joint Consolidated List (AFL 70-23) will be forwarded through the Frauds Analysis Branch (MCJMF), Office of the Staff Judge Advocate, Hq AFLC, to DCS/S&L, Hq USAF, for transmittal to the Department of the Army. MCJMF will recommend to DCS/S&L (AFSPPCA) action to be taken.

(b) Distribution. Distribution of the Joint Consolidated List of Debarred, Ineligible and Suspended Contractors and periodic revisions will be accomplished according to provisions of AFM 5-4 (Distribution of Publications and Forms). Advance notices of additions, deletions, and modifications will be distributed according to applicable procedures. Activities may receive upon request and proper justification to AFLC (MCJMF), copies of these notices.

§ 1001.601-4 Protection of lists and records.

The list and related correspondence will be marked "For Official Use Only" pursuant to AFR 11-30 (Custody, Use, and Preservation of DOD Official Information Which Requires Protection in the Public Interest), unless the correspondwarrants security classification according to AFR 205-1 (Safeguarding Classified Information) and AFR 120-3 (Administrative Inquiries and Investiga

ence

tions).

§ 1001.601-5

Limitation.

DCS/S&L, Hq USAF, will upon the recommendation on the Frauds Analysis Office (MCJMF) Hq AFLC, determine whether a firm or individual will be inIcluded in the list.

§ 1001.603 Grounds for listing and treatment to be accorded listed con

cerns.

(a) The DCS/S&L, Hq USAF may authorize exceptions to the restrictions im

posed by Type A (iii) and Type D listings when it is determined to be in the best interests of the Government. In such cases, the contracting officer will submit a written justification containing all relevant facts to AFLC (MCJMF). Urgent delivery schedules or inability to secure the supplies or services from other sources due to lead time, proprietary rights, or lack of procurement data are prime factors for such justification. MCJMF will recommend to DCS/S&L, Hq USAF (AFSPPCA) action to be taken on individual requests for exceptions to restrictions when appropriate.

(b) DCS/S&L, Hq USAF, will determine, based on recommendation of MCJMF, Hq AFLC, whether it is in the best interest of the Air Force to terminate current contracts and/or withhold all or part of funds due firms and individuals appearing on the list. DCS/S&L, Hq USAF will request the Air Force Accounting and Finance Center, Denver, Colo., to notify all AF accounting and finance officers to withhold payments where such action is considered appropriate.

Approval

Doubtful

(c) If award of a subcontract to a listed firm or individual is considered in the best interest of the Government, the administrative contracting officer (ACO), prior to approving such award, will request an exception to restrictions according to the procedures outlined in paragraph (a) of this section. may be granted by MCJMF. cases will be referred by MCJMF to (DCS/S&L) Hq USAF (AFSPPCA), for review and determinations. In the case of subcontracts already in effect, no termination proceedings will be instituted unless contractual provisions reserve to the Government that control over subcontracts permitting the Government to require their terminations. Where the Government has such control, the ACO will decide whether termination of a subcontract would be in the best interests of the Government. If the ACO finds that termination is proper, he will forward his findings together with all relevant facts to AFLC (MCJMF) for review and advice as to further action. § 1001.603-50 Security clearances.

(a) Security clearances for facilities or individuals currently appearing on the debarred, ineligible, and suspended list will be initiated only after determination that the firm or individual concerned will be permitted to bid or submit quotations on classified Department of Defense

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§ 1001.604

Administrative debarment of firms or individuals (Type A).

Fully substantiated recommendations for debarment of firms or individuals will be submitted to AFLC (MCJMF) for review and appropriate action. MCJMF will submit its recommendations to DCS/ S&L, Hq USAF (AFSPPCA), for action to be taken. Consideration should be given to provisions of § 1.606 of this title. § 1001.604-3 Notice of debarment.

The DCS/S&L, Hq USAF (AFSPPCA) will furnish the notice of debarment required by § 1.604-3 of this title. All inquiries or correspondence from or in behalf of debarred contractors concerning their status, reasons for debarment actions, etc., will be referred through command channels to AFLC (MCJMF) for appropriate action. MCJMF will refer these matters to DCS/S&L, Hq USAF (AFSPPCA) if review, advice, or action by that Headquarters is considered appropriate.

§ 1001.605 Suspension of firm or individual.

Fully substantiated recommendations for suspension of firms or individuals will be submitted to AFLC (MCJMF) for review and appropriate action. MCJMF will submit its recommendations to DCS/ S&L, Hq USAF (AFSPPCA) for action to be taken. Consideration should be given to provisions of § 1.606 of this title. Any proposed award of a contract or approval of a subcontract to a suspended firm or individual will be processed according to § 1001.603 (a) or (c).

§ 1001.605-3 Notice of suspension.

The DCS/S&L, Hq USAF (AFSPPCA), will furnish the notice of suspension. All inquiries or correspondence from or in behalf of suspended contractors concerning their status, reasons for suspension action, etc., will be referred through command channels to AFLC

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Where applicable, recommendations for limited debarment or suspension should specify whether the action should apply to procurement contracts or to sales contracts, or to both.

§ 1001.610 Use of overseas lists within the United States.

(a) Determination of overseas listings. (1) Within the United States: Prior to the award of a prime or subcontract (where the prime contract reserves the right of approval of subcontracts by the ACO) to an offshore supplier the cognizant U.S. procuring or administrative contracting officer will contact AFLC (MCJMF) in writing, to determine whether or not the firm or individual in question appears on any of the oversea lists.

(2) Possessions: AF procuring or administrative contracting officers located in U.S. possessions (see § 1.201-12 of this title) will contact whichever of the following activities is most conveniently located:

(i) CINCEUR.
(ii) CINCPAC.
(iii) USCINCSC.

(iv) AFLC (MCJMF).

(3) The activity contacted will reply to the requesting activity within 2 working days by the most expeditious means of communication. If the firm or individual in question appears on an offshore consolidated list, the reply will include the information outlined in § 1.609-2 of this title and will be assigned a security classification commensurate with the information furnished.

(b) Proposals regarding products of listed concerns. Proposals by contractors to furnish products of a concern listed on an oversea list will be referred by the contracting officer to Hq USAF (AFSPPCA) through AFLC (MCJMF). § 1001.650

Reporting violations.

All AF personnel will promptly report according to AFR 124-8 (Violations of Public Trust in Contract, Procurement, and Other Matters), any indication of fraud or other violation of public trust for appropriate investigative action.

Upon receipt of action copies of the investigative reports, the major command concerned will submit comments and recommendations as to debarments or suspension of the firms or individuals involved to the DCS/S&L, Hq USAF, through AFLC (MCJMF). Upon request, major commands will supply MCJMF with a closing report of action taken regarding the findings outlined in investigative reports. Reports are exempt from the requirements of reports control symbols in compliance with paragraph 7c(1), AFR 174-1 (AF Reports Management System).

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Under department authority of § 1.9051(b) of this title, all major commands are authorized to establish and maintain records and experience data relative to firms or individuals and to maintain a list of such firms or individuals for the guidance of contractnig officers in placing new procurements.

Subpart G-Small Business Concerns § 1001.704 Small business officials. [29 F.R. 15078, Nov. 7, 1964]

1001.704-3 Small business specialists.

(a) An Executive for Small Business will be appointed at Hq AFLC to provide guidance to AFLC and to all other major commands other than AFSC to assure the effective implementation of the Air Force Small Business and Labor Surplus Area programs. An Executive for Small Business will be appointed at Hq AFSC to provide similar guidance to AFSC activities. An Executive for Small Business will be appointed at each major command headquarters to assure the effective implementation of these programs at the headquarters and at the procuring activities under the jurisdiction of the headquarters. The above appointments are in addition to those required by § 1.704-3 of this title. The small business specialist appointed at the AFCMD will exercise overall staff surveillance over the Small Business and Labor Surplus Area subcontracting programs of plants assigned to the Air Force.

(b) At procuring activities, a copy of each PR and incoming MIPR will be furnished to the small business specialist simultaneously with its release to the buyer. Buyers, prior to solicitation, will contact the small business specialist and inform him as to the proposed procurement plan when the estimated value of

the procurement is over $2,500 and the procurement action will result in an initial letter contract, a definitive contract, or a contract modification obligating new funds for additional supplies or services. If the small business specialist concurs, the appropriate entries will be made on AFPI Form 46 and a signed copy furnished to the buyer. If the small business specialist does not concur with the proposed procurement plan, appropriate recommendations will be made to the buyer. If agreement is not reached, the final decision will be made by the director of procurement and production at AFLC AMAS or comparable official at other AF procuring activities. A copy of AFPI Form 46 reflecting final agreement will be a permanent part of the procurement file for the information of reviewing authority.

[31 F.R. 5354, Apr. 5, 1966]

§ 1001.704-50 Air Force Small Business and Economic Utilization Council.

(a) Establishment. There is established a Department of the Air Force Small Business and Economic Utilization Council. The Air Force Small Business Advisor will be the Chairman. Council members will be representatives from the Air Force Logistics Command, the Air Force Systems Command, the Office of Aerospace Research, and from such other Air Force Commands or procurement activities as may be designated by the Chairman.

(b) Purpose and function. (1) The purpose of the Council is to assist the Air Force Small Business and Economic Utilization Advisor in the development of uniform policies and procedures relative to small business and economic utilization matters.

(2) The Council will meet at the call of its Chairman for discussion of specific problems manifested within the Department of the Air Force which have or may have an impact on policies or programs pertaining to small business or economic utilization.

(3) The Council will consider submissions from Small Business and Economic Utilization Specialists in the field activities made through their particular headquarters for the purpose of improving the effectiveness of these programs. [31 F.R. 2684, Feb. 12, 1966]

§ 1001.706 Set-asides.

[29 F.R. 15079, Nov. 7, 1964]

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(a) If circumstances permit the use of Preinvitation Notices (see § 2.205-4 of this title) and the Commerce Business Daily prior to issuing IFBS or RFPs, the small business definition for that particular procurement will be included in the Preinvitation Notice and in the transmittal to the Department of Commerce. Prospective suppliers will be required to state in their replies to the Preinvitation Notices whether they qualify as small business according to that definition. In such cases no determination as to the applicability of a set-aside will be made until the replies to the Preinvitation Notices have been reviewed to determine the extent of available competition.

[31 F.R. 16623, Dec. 29, 1966]

or

§ 1001.706-3 Review, withdrawal, modification of set-asides or setaside proposals.

(a) and (b) No implementation.

(c) The chief of the small business office will act as arbitrator in any disagreement that may result from recommendations made by the Small Business Administration and if necessary will obtain a decision from the director of procurement and production at AFLC AMAS or comparable official at other Air Force procuring activities. [29 F.R. 15079, Nov. 7, 1964]

§ 1001.707 Subcontracting with small business concerns.

[29 F.R. 17038, Dec. 12, 1964]

§ 1001.707-4 Responsibility for reviewing the subcontracting program.

(a) to (d) No implementation. (e) See § 1003.903-3 (a) of this subchapter.

[31 F.R. 5354, Apr. 5, 1966] § 1001.707-5

1140-1.

Reports on DD Form

The small business specialist in the AFPRO will arrange with contractors to have the original of the quarterly report sent directly to DOD as prescribed on the form. In addition, he will request the contractor to furnish two additional copies to him. He will retain one copy for his records and forward the other copy to the Assistant for Small Business, AFCMD. The latter will retain the copy for his surveillance activities and will forward a summary of all reports received to Hq USAF (AFSPP-B), with an

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