A, Chapter 1 of this title) and establishes for the Air Force uniform policies and procedures for the procurement of supplies and services under the authority of Chapter 137, Title 10 of the United States Code or other laws. [28 F.R. 9579, Aug. 31, 1963] § 1001.102 Applicability of subchapter. This subchapter applies to all procurements of supplies or services which obligate appropriated funds (including contract authorizations). If a particular part, subpart, or section has a limited application, it will so state. [27 F.R. 9913, Oct. 9, 1962] § 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. A, Sections, subparts, or parts of this subchapter bearing numbers identical to those appearing in Subchapter 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 implémentation 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] 1001.103-5 Dating of contract clauses. The same method used for identifying clauses in Subchapter A, Chapter I of his title as prescribed in § 1.103-5 of this itle will be used for identifying clauses n this subchapter. E (a) Amendment of AFPI and 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 I 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 state "coordination waived." In such cases the controlled letter will have attached a proposed AFPC prepared in proper format 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 will be forwarded to the AFPI control office of the command assigned OPR, with a copy to the other command AFPI control office. (b) 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. [28 F.R. 9579, Aug. 31, 1963, as amended at 29 F.R. 2845, Feb. 29, 1964] § 1001.106 Other Department of Defense publications. [28 F.R. 2270, Mar. 8, 1963] § 1001.106-1 Department of Defense directives and instructions. DOD directives and instructions on procurement matters will be implemented in the Air Force Procurement Instruction or Air Force Procurement Circular (this subchapter). DOD directives and instructions may be included and reference made to their numbers and dates. [28 F.R. 2270, Mar. 8, 1963] § 1001.107 Effective date of ASPR, AFPI, and AFPC. (a) Compliance with an AFPI amendment, both page revision and AFPC (Air Force Procurement Circular), is permissible from the date of the change and will be mandatory 30 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. [28 F.R. 2791, Mar. 21, 1963] § 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 affect a specific contract or procurement may be made by (1) The Director or Deputy Director of Procurement Management, DCS/S&L, Hq USAF, or (2) the Chief of the Division or Office at Hq USAF designated as the Responsible Office (RO) for the section, subpart or part in Subchapter A, Chapter I of this title from which the deviation is requested. Coordination with the Office of General Counsel, USAF, 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 the original and two copies will be available to Hq USAF. (1) Requests by AFSC and the Office of Aerospace Research will be sent through the AFSC Procurement Committee (SCK-3) to Hq USAF (AFSPP in subparagraph (1) of this paragraph, will be sent through the AFLC Procurement Committee (MCPC) to Hq USAF (AFSPP-S). Procurement Committees will forward deviation requests, with which they concur, with their recommendations. (c) 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 Management, Hq USAF. [27 F.R. 9913, Oct. 9, 1962, as amended at 28 F.R. 8141, Aug. 8, 1963] § 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. (a) Deviations from this subchapter may be made only by the Procurement Committee (MCPC), Hq AFLC, or the Procurement Committee (SCK-3), Ho AFSC. Deviations which would involve major policy questions will be made only after coordination with the Directorate 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 justifi cation 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] Deviations, contract (a) Deviations from clauses prescribed in Subchapter A, Chapter 1 of this title and this subchapter will be held to a minimum and will not be made unless approved as required by §§ 1001.109-2 or 1001.109-3. Deviations from §§ 1004.2002 (a) and 1007.3603, Part I(c) of this subchapter may be approved only at Secretarial level of the Air Force. (b) Deviations include: (1) Use of a prescribed clause which does not follow the rules for use of the clause. (2) Omission of prescribed clause. (3) Additions to, deletions from, and modifications of a prescribed clause. (4) Use of collateral provision which has the effect of altering a prescribed clause or changing its application. a (5) Use of a provision which has not been authorized for use, except as provided in paragraph (c) of this section. (c) Use of Provisions as described in this paragraph are not deviations: (1) Provisions which describe the supplies or services being procured, or the supplies or material being furnished to a contractor. (2) Provisions establishing the time, place, or method of furnishing or paying for supplies and services unless their use has the effect described in paragraph (b) (4) of this section. (3) Provisions which set forth Advance Understandings on particular cost items, pursuant to § 15.107 of this title, so long as these Advance Understandings are consistent with Subchapter A, Chapter I of this title and this subchapter. (d) Administrative approval: All proposed contract clause deviations will be submitted for approval as set forth in §§ 1001.109-2 or 1001.109-3, before submitting the contract to the contractor for signature. Requests for approval will be in writing and will include: (1) Detailed recommendations and the supporting reasons including contractor's request, if any. (2) The section number in Subchapter A, Chapter I of this title or this subchapter from which deviation is requested. (3) A description of the effect it will have on the rights of the parties and the benefit the Government will gain. (4) A copy of or extract from the proposed contract which will be retained for the files of the approving authority. (5) A detailed statement of how the proposed contract differs from prescribed clauses. If desired, subparagraph (4) of this paragraph and this subparagraph (5) may be consolidated by submitting a copy of the standard contract clause with the inserted or deleted matter clearly indicated. This may be done with colored pencil. (6) A reference to prior action, if the proposed deviation has previously been approved or disapproved. This reference will include date, contract number and be in addition to the reasons required by subparagraph (1) of this paragraph. [27 F.R. 9913, Oct. 9, 1962, as amended at 28 F.R. 8141, Aug. 8, 1963; 29 F.R. 8061, June 26, 1964] 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] activities, AFLC field procurement APRE, and Air Defense Command will not use Change Orders (DD Forms 1319) when the criteria of § 1001.201-50 and Subpart C, Part 1054 of this subchapter, concerning Contract Change Notifications (AFPI Forms 35) are applicable. This restriction applies only to central procurement activities. [29 F.R. 8061, June 25, 1964, as amended at 29 F.R. 15078, Nov. 7, 1964] § 1001.201-18 Sources of supplies. (a) The following definition applies to contracts for supplies which will be manufactured and furnished outside the United States, its possessions, and Puerto Rico. The term "sources of supplies" includes: certain services which directly or indirectly increase the value of the materials, supplies, articles, or equipment being procured (services to consist of such functions as the recovery from consignees and redistribution to manufacturers and producers of containers and packing materials; receiving, storing, repacking, and reshipping of items being procured; collection, consolidation, assembling, packing, and shipping of items being procured, etc.; and not the functions of mere soliciting of business, taking of orders, rendering assistance to manufacturers or producers by preparing receiving payment documents, arranging for transportation facilities, etc.). (ii) A person (or firm) who owns, operates, or maintains a place of business, regularly engaged in the importing and exporting business, provided the items being procured are not to be imported from within the United States, its possessions, or Puerto Rico. (iii) Agencies or instrumentalities of a foreign government. [29 F.R. 8061, June 25, 1964, as amended at 29 F.R. 17038, Dec. 12, 1964] § 1001.201-50 cation. Contract change notifi A written order signed by a contracting officer directing the making of changes of the kind authorized by the provisions of the contract in the supplies or services called for thereunder, and usually containing an estimated price or cost for such changes. Following such a written order, the necessary revisions in other provisions of the contract, which are brought about by such order, will be made by a supplemental agreement which will establish the firm price or cost. CCNS will be used according to Subpart C, Part 1054 of this subchapter. § 1001.201-541 Local purchase. The authorized purchase, with appropriated funds, of materials, and supplies and services, including construction and utilities, by an Air Force installation (normally an Air Force base) for its own use or in logistical support of another activity. Local purchase is not confined to the immediate geographical area surrounding the base. § 1001.201-55 ity. Base procurement activ Any Air Force installation that is engaged in local purchase and is located 1 Appears as 1001.210-54. |