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have been redelegated by the Commander, AFSC, to the Director and Deputy Director of Procurement, Hq AFSC, with power of redelegation. The AFSC Deputy Director of Procurement has redelegated these authorities to the Chief and Deputy Chief of the Industrial Resources Division (ASXKM) and Industrial Materials Branch (ASXKMM). [27 F.R. 1611, Feb. 21, 1962, as amended at 28 F.R. 2792, Mar. 21, 1963; 28 F.R. 4701, May 10, 1963; 28 F.R. 14315, Dec. 27, 1963]

§ 1001.461 Contracts for public utility services extending beyond current fiscal year.

(a) Contracts for power, gas, and water. (1) The Commander, AFLC, has been authorized to enter into contracts for public utility services (power, gas, water) for periods extending beyond the current fiscal year but not exceeding 10 years, under one or more of the following circumstances:

(1) 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.

(ii) Where connection or special facility charges payable under contracts the firm term of which would not extend beyond a current fiscal year are eliminated or reduced.

(iii) The utility refuses to render the desired service except under a contract the firm term of which extends beyond a current fiscal year.

(a) The authority will be exercised according to the applicable provisions of the "Statement of Areas of Understanding Between the Department of Defense and General Services AdministrationProcurement of Utility Services" (AF Bulletin 53, December 19, 1950, Sec. III). The authority is also subject to the administrative procedures for review of contracts contained in AFR 91-5 (Utility Services).

(2) The authority of the Commander, AFLC, as described in subparagraph (1) of this paragraph has been delegated to the Director, Deputy Director and Assistant for Operations Management 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 Commander in Chief, United States Air

Forces in Europe, with power of redelegation to the Director of Procurement and Production, without power of redelegation. The exercise of this authority is limited to contracts within West Germany.

(4) The statute authorizing definite term utility service contracts for periods not exceeding 10 years is 40 U.S.C. 481 (a) (3). The statute as well as 10 U.S.C. 2304 (a) (10) will be cited on all definite term utility service contracts extending beyond the current fiscal year.

NOTE: Indefinite term utility service contracts as contemplated in Subpart KK, Part 1007 of this chapter (which are in effect until terminated) do not impose any obligation on the Government except as the service is actually used and therefore, do not come within the purview of this section. Such contracts will be approved pursuant to §§ 1001.457 and 1007.3706 of this chapter and will cite only 10 U.S.C. 2304(a) (10) as statutory authority.

(b) Contracts for 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, Deputy Director and Assistant for Operations Management of Pro

curement 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 CommuniI cation Service, with respect to leased - private line services and leased tactical ton-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 con#tracting officers of subordinate functions I that portion of the above authority involving the procurement of miscellaneous base services and facilities under indefinite delivery contracts issued by AFLC (ROAMA) or GSA.

[27 F.R. 1611, Feb. 21, 1962; as amended at 28 F.R. 9580, Aug. 31, 1963]

§ 1001.462 Approval of certain PRs and MIPRs.

(Applicable to AFLC only.)

(a) Commanders, AMAs, Dayton AF Depot, and 2709th AF Vehicle Control Group have been authorized by the Director of Procurement and Production, Hq AFLC, to sign PRS and MIPRS that are initiated within their procurement activity and are supported by production program funds administered by the procurement activity. The authority has been granted without limitation as to dollar amount involved. Further redelegation may be made as shown:

(1) Deputy commanders, during absences of the commander, without limitation as to dollar amount.

(2) Directors of procurement and production-PRS and MIPRs involving $1,000,000 or less.

(3) Contracting officers in the procurement activity-PRS and MIPRS involving $100,000 or less.

(b) Authority to sign PRS and MIPRS initiated within the Directorate of Procurement and Production, Hq AFLC, has been delegated to division chiefs without limitation as to dollar amount.

(c) Commander and deputy commander, air materiel forces have been authorized by the Director of Procurement and Production, Hq AFLC, with power of redelegation, to sign PRS and MIPRS without limitation as to dollar amount. [27 FR. 1612, Feb. 21, 1962]

§ 1001.464 Delegation to Commander, Air Training Command.

In addition to the authorities delegated to him as a commander of a major air command, the Commander, ATC, has been authorized by the Director of Procurement and Production, Hq AFLC, to exercise the authority to authorize ATC contracting officers to enter into bailment agreements, and amendments thereto for loaning Government property to AF contractors for some specific purpose in connection with AF contracts when it has been determined that:

(a) The bailment is necessary in the interest of the national defense.

(b) It will not adversely affect the competitive aspect of procurement.

(c) The property is not available to the contractor in the open market within the time requirements of the Air Force.

(1) The authority may be redelegated not below the level of a staff officer responsible for procurement in the first echelon of command immediately subordinate to Hq ATC.

[29 F.R. 15078, Nov. 7, 1964]

§ 1001.465 Release of program data and procurement information.

(a) Information concerning proposed procurement and purchases of supplies, including construction and maintenance projects, will not be released prior to the issuance of invitation for bids or requests for quotations. In the preparation of work projects estimates, local contractors often render invaluable aid to AF base personnel in supplying information concerning local wage rates, material costs, etc. The Air Force does not intend that such contacts be curtailed; however, preliminary or approved project estimates will not be discussed with prospective contractors or made a matter of public knowledge (except as provided in § 4.101-2 of this title) until after an award has been made, whether the contract is advertised or negotiated. The foregoing statement is particularly applicable to engineers and project estimators of AF civil engineering or maintenance offices and to purchasing and contracting personnel.

(b) The Deputy Chief of Staff, Systems and Logistics, Hq USAF, and the Commander AFSC/AFLC, are authorized to release approved programing data when essential to prospective bidders, contractors, or subcontractors in planning long range production requirements or for insuring timely availability of their field engineers and technical representatives. The authority granted herein may be redelegated. Bidders, contractors, or subcontractors requiring classified programing data must be properly cleared according to section II, part 1, AFR 205-4 (Armed Forces Industrial Security Regulations).

(c) Requests for programing data will be submitted to the appropriate Directorate, Hq USAF, or to the appropriate AFLC/AFSC organizations as follows:

(1) For approved program data affecting production requirements, except as set forth in subparagraph (2) of this paragraph, to the appropriate AFSC division.

(2) For approved program data affecting production requirements of items where the AMA is assigned commodity class procurement responsibility, to the Commander of the appropriate AMA with power of redelegation to the director of procurement and production.

(3) For approved program data affecting use of technical representatives and contract technicians within AFSC/ AFLC, to AFSC (SCMMM) or AFLC (MCMBC), as applicable.

(4) For approved program data affecting use of technical representatives and contract technicians within major commands other than AFLC/AFSC to Hq USAF (AFSME-CTS).

(5) For approved depot level maintenance program data affecting production requirements, to AFLC (MCMP).

(6) For forecasts of industrial facilities deficiencies, to AFSC (SCKM).

(7) For approved program data pertaining to communications electronic systems to the AFSC Electronic Systems Division.

(8) For types of program and planning data not specifically listed above, to the Commander, AFSC/AFLC. The office of primary responsibility at Hq AFSC/AFLC will contact the appropriate office in Hq USAF for concurrence or approval, as appropriate.

(d) Responsibility: (1) All AF personnel. All military and civilian personnel will refrain from releasing to individ

ual business concerns or their representatives any preknowledge they may possess concerning proposed procurements or purchases of supplies (including construction or maintenance projects) by any AF procuring activity. Such information will be released to all potential contractors at the same time, as nearly as possible, and only through duly designated agencies so that one potential contractor may not be given an unfair advantage over another. All dissemination of such information will be according to existing authorized procedures and only in connection with the necessary and proper discharge of offcial duties.

(2) Approving activity. The approving AF activity will insure that the release of programming data, as described in paragraph (b) of this section, to commercial sources is permitted only when thoroughly justified as providing necessary support to the assigned logistical responsibilities of the Air Force and when fully compatible with governing security regulations.

(e) The authority described in paragraph (b) of this section, has been redelegated as follows:

(1) Commander, AFSC, to the Director of Procurement, Hq AFSC, and commanders, AFSC divisions, with power of redelegation. The authority is limited to approval of release of program data affecting production requirements.

(2) Commander, AFLC, to:

(i) Director of Procurement and Production, Hq AFLC: The authority is limited to approval of release of program data affecting production requirements.

(ii) Director and Deputy Director of Maintenance Engineering, Hq AFLC: The authority is limited to approval of release of program data affecting utilization of field engineers and technical representatives.

(iii) Commanders of AMAs, with power of redelegation: The authority is limited to approval of release of program data where the AMA has been assigned commodity class procurement responsibility. Release of program data affecting utilization of field engineers and technical representatives is not authorized.

[28 F.R. 8142, Aug. 8, 1963, as amended at 29 F.R. 8062, June 25, 1964; 29 F.R. 15257, Nov. 13, 1964]

§ 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 A 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

§ 1001.507 Use of Standard Form 119. Contractors will be required to submit Standard Form 119, "Contractor's Statement of Contingent or Other Fees" (De*cember 1952 Ed.) in duplicate, when the : representation and agreement has been t answered in the affirmative.

[28 F.R. 2792, Mar. 21, 1963]

§ 1001.507-1

Statement in lieu of form. Every request för proposal, except as provided in § 1.507-2 of this title, and every invitation for bids will contain the following:

If the bidder, by checking the appropriate box provided therefor in his bid, has represented that he has employed or retained a company or person (other than a full-time bona fide employee working solely for the bidder-contractor) to solicit or secure this contract, or that he has paid or agreed to pay any fee, commission, percentage, or brokerage fee to any company or person contingent upon or resulting from the award of this contract, he may be requested by the contracting officer to furnish a completed Standard Form 119, "Contractor's Statement of Contingent or Other Fees" (December 1952 Ed.). If a bidder has previously furnished a completed Standard Form 119 (December 1952 Ed.) to the office issuing this invitation for bids (request for quotations), he may accompany his bid with a signed statement, (a) indicating when such completed form was previously furnished, (b) identifying by number the previous invitation for bids or contract, if any, in connection with which such form was submitted, and (c) representing that the statement in such form is applicable to this bid.

[26 F.R. 12341, Dec. 27, 1961]
§ 1001.508 Enforcement.
[26 F.R. 12341, Dec. 27, 1961]

§ 1001.508-1 Failure or refusal to furnish Standard Form 119.

If the potentially successful bidder or contractor, upon request and prior to award, refuses to furnish a completed Standard Form 119 or a statement in lieu thereof as provided in § 1.507-1 of this title and § 1001.507-1 of this chapter, determination of whether the bid or offer will be rejected will be made as follows at:

(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.

[26 F.R. 12341, Dec. 27, 1961, as amended at 28 F.R. 2793, Mar. 21, 1963]

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(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.

[26 F.R. 12341, Dec. 27, 1961, as amended at 28 F.R. 5569, June 6, 1963]

§ 1001.509

Preservation of records.

There will be no regular retirement of any of the Standard Forms 119 maintained in files by any procurement activity. However, in any case where the receipt of a new Standard Form 119 makes previously received information obsolete, the obsolete information may be destroyed. Upon receipt of Standard Form 119 from the contractor, one copy will be filed immediately to assure its accessibility for checking later statements in lieu thereof. The second copy will be filed and will remain a permanent part of the contract file until the contract file is destroyed.

[28 F.R. 2792, Mar. 21, 1963]

§ 1001.550 Responsibility for protecting information contained in completed Standard Forms 119. Information contained in the completed Standard Forms 119 will be considered private and personal. Personnel having access to this information will not discuss or transmit the information gained by them to any other person not entitled or authorized to have access to the files in which it is maintained. [26 F.R. 12342, Dec. 27, 1961]

Subpart F-Debarred, Ineligible and Suspended Bidders

§ 1001.601 Establishment and maintenance of a list of firms or individuals debarred or ineligible.

[28 F. R. 9580, Aug. 31, 1963]

§ 1001.601-1 General.

(a) Air Force letter 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.

(b) The Deputy Chief of Staff, Systems and Logistics DCS/S&L, Hq USAF is the authorized representative of the Secretary of the Air Force for making final determinations respecting AF debarments and suspensions, including modifications and removals. The debarment or suspension of a firm or individuals is an administrative determination within the discretion of the DCS/S&L, Hq USAF, and each case will be decided upon its individual merits. The seriousness of the offense, the civil satisfaction received by or available to the Government, and all mitigating factors will be considered in making such determinations. The placement of a firm or individual on the list will be for the purpose of protecting the interest of the Government and not for punishment.

[28 F. R. 9580, Aug. 31, 1963]

§ 1001.601-3 Joint Consolidated List.

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

[29 F.R. 4094, Mar. 28, 1964, as amended at 29 F.R. 17038, Dec. 12, 1964]

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The list will be classified "For Official Use Only" pursuant to AFR 11-30 (Custody, Use and Preservation of DOD Official Information Which Requires Protecton in the Public Interest). Related correspondence will be similarly classified unless information therein warrants a security classification, in which case the correspondence should direct attention to the provisions of AFR 205-1 and AFR 120-3 (Administrative Inquiries and Investigations). [28 F.R. 9580, Aug. 31, 1963]

§ 1001.602 Limitation.

Pursuant to the authority granted to the Secretary concerned or his representatives as set forth in Subpart F, Part 1 of this title, the DCS/S&L, Hq USAF, will, upon the recommendation of the Frauds Analysis Office (MCJMF) Hq AFLC, determine whether a firm or individual will be administratively debarred or suspended and included in the list.

[29 F.R. 4094, Mar. 28, 1964, as amended at 29 F.R. 17038, Dec. 12, 1964]

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