Chapter 137, Title 10 of the United States Code or other laws. [28 FR. 9579, Aug. 31, 1963, as amended at 31 F.R. 2681, Feb. 12, 1966] § 1001.102 Applicability of subchapter. This subchapter applies to all procurements of supplies or services which obligate appropriated funds (including contract authorizations) and procurements obligating nonappropriated funds for construction and architect engineer requirements according to Subpart XX, Part 1004 of this subchapter. If a particular part, subpart, or section has a limited application, it will so state. [31 F.R. 2682, Feb. 12, 1966] § 1001.103 Arrangement of subchapter. [27 F.R. 9913, Oct. 9, 1962] § 1001.103-1 General plan. The organization and numbering system followed in this subchapter is the same as in Subchapter A, Chapter I of this title. [27 F.R. 9913, Oct. 9, 1962] § 1001.103-2 Numbering. Sections, subparts, or parts of this subchapter bearing numbers identical to those appearing in Subchapter A, Chapter 1 of this title implement the sections, subparts and parts in Subchapter A, Chapter 1 of this title. (a) If it is necessary to implement Subchapter A, Chapter 1 of this title, but there is no appropriate heading, the material may be added to the AFPI section as the section number plus point fifty; e.g. § 1001.109-50. (b) First reference should always be made to Subchapter A, Chapter 1 of this title, notwithstanding any implementation or lack thereof in this subchapter. If a section in Subchapter A, Chapter 1 of this title requires no implementation, the section identification and title will not be shown in this subchapter. (c) If a section in this subchapter does not implement a specific section in Subchapter A, Chapter 1 of this title but pertains to a general subject covered in a subpart of Subchapter A, Chapter 1 of this title, the section in this subchapter will be numbered consecutively starting with the particular subpart number plus fifty; e.g. § 1001.650. (d) Additional parts and subparts may be added to this subchapter covering subjects not treated in Subchapter A, Chapter 1 of this title. [28 F.R. 2270, Mar. 8, 1963] (a) Content. This subchapter will contain all the policies, procedures, and instructions authorized under the provisions of § 1.108 of this title. When a section in Subchapter A, Chapter 1 of this title contains "in accordance with departmental procedures" it will be necessary that AFPI be implemented. (b) Control. (1) All amendments to this subchapter (except those of an editorial nature, i.e., spelling corrections, numbering according to the AFPI convention, cross-referencing, etc., or redesignation by AFLC or AFSC of offices within the command responsible for specific actions) will be directed for preparation and/or publication by means of a Controlled Letter (CL) issued by the Directorate of Procurement Policy (AFSPP), DCS/S&L, Hq USAF. The Controlled Letter will be prepared by the AFSPP Division or Office designated as Responsible Office for the section, subpart, or part and will be signed by the Chief or Deputy. Controlled Letters will be numbered consecutively for each calendar year, beginning with No. 1 (for example, the first such letter issued in January 1965 was numbered 65-1). When necessary, interim instructions may be forwarded by teletype to be superseded immediately by a Controlled Letter, provided the teletype cites the number assigned to the Controlled Letter. Teletypes may also contain the statement "coordination waived." See § 1001.105 (a) (3). Instructions for amendments of this subchapter will not be issued orally. (2) The Directorate of Procurement Policy (AFSPP), DCS/S&L, Hq USAF, is the Responsible Office (RO) for all of this subchapter. AFLC and AFSC have been designated as office of primary responsibility (OPR) or office of collateral responsibility (OCR) for each section, subpart or part of this subchapter. Shift of OPR or OCR responsibility between AFLC and AFSC will be made only after agreement between the commands and approval for change in a CL. (c) AFPI Control Offices. (1) A central point of contact within Hq USAF, AFLC, and AFSC has been designated as AFPI Control Office (CO) on matters covered in this subchapter. The CO offices are: Hq USAF-AFSPP-S. AFLC-MCPO, Wright-Patterson AFB. AFSC SCK-2, Andrews AFB. (2) Correspondence to Hq USAF which refers to a specific Controlled Letter or AFPI content and control in general should be directed to AFSPP-S; all other matters concerning this subchapter should be directed to the appropriate AFSPP Responsible Office. (3) Correspondence to AFLC and AFSC concerning Controlled Letters or other AFPI amendment matters should be directed to the command AFPI Control Office. (d) Publication control. The Policy Control Office (MCPO), Hq AFLC, is the activity responsible for editing and preparing AFPI copy for submission to the printer, preparing the Notes and Filing Instructions to be issued with each revision, reviewing and approving galley proofs, and for maintaining necessary records. [31 F.R. 2682, Feb. 12, 1966] § 1001.105 ASPR. Amendment of AFPI and (a) Amendments initiated by Hq USAF. (1) New or amended procurement policies and procedures formulated by the Secretary of Defense, the Secretary of the Air Force, and Hq USAF will be directed for implementation in AFPI by a controlled letter issued by AFSPP. (2) Controlled letters which contain the language to be published in AFPI will be forwarded to the AFPI control office of the command assigned OPR for the paragraph, part, or section with a request for publication. The OPR will effect the necessary coordination, including that of the OCRs; and submit the request to AFLC (MCPO) for publication. Where sufficient priority exists; i.e., revisions due to revised statutes, directed by higher authority, etc., the controlled letter may waive further coordination. In such cases the controlled letter will have attached a proposed AFPC prepared in proper format and will state "coordination waived" and will be sent to MCPO for publication without further coordination. (3) Controlled letters which request development of AFPI language necessary to implement announced policies and procedures will be forwarded to the AFPI control office of the command assigned OPR for the paragraph, part, or section. The OPR will prepare the implementing coverage, effect necessary coordination (including OCR) and transmit the draft through the command AFPI control office to AFSPP-S for Hq USAF review, approval, and direction for publication. The letter of transmittal will have attached or contain: (i) The original and three copies of the proposed draft, double spaced; (ii) evidence of coordination or decision by proper authority; (iii) explanation of the change for inclusion in the AFPI Notes and Filing Instructions; and (iv) the controlled letter number. Upon approval by Hq USAF, the draft with controlled letter will be forwarded to the AFPI control office of the command assigned OPR, with a copy to the other command AFPI control office. (4) A copy of each controlled letter issued by Hq USAF will be forwarded to the following addresses: AFLC (MCPO). AFSC (SCK-2). (b) Amendments recommended by AFLC and AFSC. (1) All amendments to AFPI recommended by AFLC and AFSC will be forwarded by the AFPI control office of the command assigned OPR for the paragraph, part, or section to the AFSPP responsible office for review, approval, and direction for publication in a controlled letter. The command AFPI control office will assure that such actions have been fully coordinated and that letters of transmittal have attached or contain: (i) The original and three copies of the proposed draft, double spaced; (ii) evidence of coordination or decision by proper authority; and (iii) explanation of the change for inclusion in the AFPI Notes and Filing Instructions. Upon approval by Hq USAF, the draft will be forwarded by controlled letter to the AFPI control office of the command assigned OPR with a copy to the other command AFPI control office. (c) Proposed amendment of ASPR. Recommendations for amendment of ASPR will be submitted through channels, including AFLC (MCPO) or AFSC (SCK-2), as appropriate according to command OPR assignments, to the appropriate Responsible Office, AFSPP, Hq USAF. Recommendations will include the complete rationale for the proposed amendment and the specific ASPR language proposed to achieve the desired objective. The OPR will review the recommendation, obtain the necessary coordination, and forward the proposal, with command comments, through command control office to Hq USAF. [31 F.R. 2682, Feb. 12, 1966] § 1001.107 Dissemination and effective date of ASPR and AFPI. (a) Distribution will be made as follows: AFPI: Initial distribution of revisions printed by contract, by the contractor; all other, by the AF Publications Distribution Center. (See AFR 70-1 (Procurement Publications).) (b) Compliance with an AFPI amendment is permissible from the date of the change and will be mandatory 90 days thereafter, except: (1) As otherwise prescribed in the amendment. (2) Use of new or revised AFPI contract clauses, will, unless otherwise specified, be mandatory 90 days after date of issuance. However, procurements initiated after receipt of the new or revised clauses by the purchasing activity should, to the maximum practicable extent, include such clauses prior to the mandatory date. In the following situations, when compliance with the mandatory date is impracticable, procurements may be completed on the basis initiated, provided that, prior to the mandatory date for use of the new or revised clause: (i) DD Forms 746 and 746-1 have been issued, and the award is to be made by means of DD Form 746-2, (ii) Invitations for Bids have been issued, or (iii) bilateral contractual documents have been submitted to the contractors and introduction of the new or revised clause may delay the procurement. [31 F.R. 2682, Feb. 12, 1966] § 1001.109 Deviations from ASPR, AFPI and Department of Defense publications covering procurement. [28 F.R. 8141, Aug. 8, 1963] § 1001.109-1 Applicability. The privilege given by § 1.109-1 (a) of this title to off-shore contracting activities to deviate from ASPR contract clauses is hereby extended on the same terms to the same contracting activities with respect to AFPI clauses. Off-shore contracting activities will furnish the Procurement Committee (MCPC), Hq AFLC and the Procurement Committee (SCK-3) Hq AFSC, one copy of each nonstandard clause used by them pursuant to the authority of this section. [28 F.R. 8141, Aug. 8, 1963] § 1001.109-2 ASPR deviations affecting one contract or transaction. (a) Deviations which do not require action by the Secretary and which affect a specific contract or procurement may be made by (1) The Director or Deputy Director of Procurement Policy, DCS/S&L, Hq USAF; or (2) by either the Chief of the Division or Office at Hq USAF designated as the Responsible Office (RO) for the section, subpart or part of Subchapter A, Chapter I of this title from which the deviation is requested; or (3) subject to the limitations contained in paragraph (c) (2) (ii) of this section, by the AFLC and AFSC Procurement Committees. Coordination as to form and legality will be effected prior to approval of a deviation. (b) Requests for deviations will include complete justification and be forwarded through channels in sufficient copies so that two copies will be available to Hq USAF. (1) Requests by AFSC activities and by the Office of Aerospace Research will be sent to AFSC (SCK-3). (2) Requests by AFLC activities and other major commands, except those in subparagraph (1) of this paragraph, will be sent to AFLC (MCPC). (c) Procurement Committees will: (1) Serially number each request for deviation as received and will forward one copy to Hq USAF (AFSPP-S). To maintain uniformity, the numbering will consist of the letters "ASPR," the designation of the procurement committee of receipt, fiscal year, and a serial number of the request for deviation received that fiscal year. (Example: ASPR-MCPC 65-1, 2, 3, etc.) (2) Accomplish a review and evaluation of the requested deviation: (i) If sufficient justification for the deviation does not exist, deny the request. A copy of the letter of denial will be furnished to Hq USAF (AFSPP-S). (ii) If the request for deviation is concurred with and time is not of the essence the request for deviation with the Procurement Committee recommendations will be submitted to Hq USAF (AFSPP-S) for action. (iii) If the request for deviation is concurred with and the exigency of the situation requires immediate action, the deviation will be approved after coordination with the Procurement Committee of the Command which has primary responsibility (OPR) for the section, subpart or part of Subchapter A, Chapter I of this title from which the deviation is being considered. A copy of the letter approving the deviation together with complete data and justification developed during the review and evaluation process will be submitted to Hq USAF (AFSPP-S). (d) Written notice of deviation to the Assistant Secretary of Defense (I&L) and to the other military departments and Defense Supply Agency will be made by the Directorate of Procurement Policy, Hq USAF. [30 F.R. 7188, May 28, 1965] § 1001.109-3 ASPR deviations affecting more than one contract or contractor. Deviations which affect more than one contract or contractor will be processed to Hq USAF (AFSPP-S), in the same manner as prescribed in § 1001.109-2 (b). The Hq USAF Responsible Office for the section, subpart or part of Subchapter A, Chapter I of this title from which the deviation is requested will effect necessary Air Staff coordination, including the Office of the Assistant Secretary of the Air Force (Materiel) and the Office of the General Counsel of the Air Force, and if the deviation is favorably considered prepare a request for deviation to the Chairman, ASPR Committee. This request will be submitted to the Air Force Policy Member, ASPR Committee (AFSPP-S), for presentation to the ASPR Committee. [28 F.R. 8141, Aug. 8, 1963] § 1001.109-4 Deviations required by Government-to-Government ments. agree. of Procurement Management, Hq USAF. Deviations from Part 1003, Subpart F of this subchapter, which affect funding or payment will be made only after coordination with the Directorate of Accounting and Finance, Hq USAF. (b) Requests for authority to deviate from AFPI will include complete justification and will be forwarded (in triplicate) through channels as follows: AFSC and OAR activities to AFSC (SCK-3); all other activities to AFLC (MCPC). However, before approval of any request for deviation by AFSC or OAR base procurement activities, SCK-3 will coordinate the proposed action with MCPC. (c) A record of each deviation from AFPI or AFPCS will be maintained by the respective offices which approved the deviation, including the reasons why a deviation was necessary. One copy of each deviation granted by one command will be furnished to the other command as information. [29 F.R. 17037, Dec. 12, 1964] § 1001.111 Reports of suspected criminal conduct and noncompetitive practices. [27 F.R. 9914, Oct. 9, 1962] Suspected criminal con Policies and procedures with respect to the debarment, ineligibility, and suspension of bidders are set forth in Subpart F, Part 1 of this title and Subpart F of this part. [27 F.R. 9914, Oct. 9, 1962] § 1001.111-2 Noncompetitive practices. Reports of noncompetitive practices will be forwarded through channels, including AFLC (MCJMF) to Deputy Chief of Staff, Systems and Logistics, DCS/ S&L, Hq USAF, for submission to the Secretary. [29 F.R. 4094, Mar. 28, 1964, as amended at 29 F.R. 17038, Dec. 12, 1964] § 1001.114 Reporting of identical bids. Submission of reports. One copy of each report will be submitted to AFLC (MCJMF). [29 F.R. 17038, Dec. 12, 1964] Subpart B-Definition of Terms SOURCE: The provisions of this Subpart B appear at 31 F.R. 13213, Oct. 13, 1966, unless as otherwise noted. |