PART 1000-[RESERVED]

PART 1001-GENERAL PROVISIONS

Subpart A-Introduction

Sec.

1001.101 Purpose of subchapter.

Subpart B-[Reserved]

Subpart C-General Policy

1001.320 Industrial security.

§ 1001.101 Purpose of subchapter.

Air Force ASPR Supplement is issued by order of the Secretary of the Air Force and supersedes the Air Force Procurement Instruction (AFPI) previously contained in this subchapter. Its purpose is to supplement Subchapter A, Chapter I of this title and other Department of Defense publications pursuant to § 1.108 of this title, to establish for the Department of the Air Force uniform policies and procedures relating to the procurement of supplies and services. It is emphasized that ASPR (Armed Services Procurement Regulation, Subchapter A, Chapter I of this title) is the primary Department of Defense regulation containing procurement policies and procedures, and is the first regulatory source to which procurement personnel should make reference.

[35 FR 4846, Mar. 20, 1970, as amended at 36 FR 13991, July 29, 1971]

Subpart B-[Reserved]

Subpart C-General Policy

§ 1001.320 Industrial security.

NOTIFICATION OF GOVERNMENT SECURITY ACTIVITY

Thirty days prior to the date of (5) below the contractor shall notify the Director Security Police shown in the distribution block of the DD Form 254, Contract Security Classification Specification, as to:

(1) The name, address, and telephone number of this contract company's representative in the United States or overseas area, as appropriate.

(2) The contract number, and military contracting command.

(3) The highest classification category of defense information to which contractor employees will have access,

(4) The AF installations in the United States (in overseas areas identify only the APO number(s)) where the contract work will be performed,

(5) The date contractor operations will begin on-base in the United States or in the overseas area, and

(6) The estimated completion date of operations on-base in the United States or in the overseas area,

(7) Any changes to information previously provided under this clause.

[36 FR 8258, May 1, 1971, as amended at 37 FR 12626, June 27, 1972]

Subpart D-Procurement Responsibility and Authority

§ 1001.401 Responsibility of each procuring activity.

Procurement authorities of major commands, not designated "Head of a Procuring Activity," are as outlined in §§ 1001.450 through 1001.455 of this subchapter.

§ 1001.402 Authority of contracting offi

cers.

(a) Only the following purchases may be made by individuals other than duly designated contracting officers.

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

(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 (Joint Procedures for Management of Administrative Use of Motor Vehicles).

(3) Emergency purchases of medical supplies and equipment made according to paragraph 12, chapter 16, volume V, AFM 67-1 (USAF Supply Manual), followed by issuing a confirmatory purchase order by the base procurement office or a cash purchase receipt by a cash purchasing officer.

(b) The responsibility of contracting officers relative to sale contracts is set forth in chapter 11, volume VI, AFM 67-1.

§ 1001.403 Requirements to be met before entering into contracts.

Except that emergency procurements in combat areas or areas subject to hostile fire or immediately upon entry into DEFCON 2, will be accomplished in the manner prescribed by the commander of the combat theater or by the commander of the major command responsible for logistic support of AF units involved.

§ 1001.405-1 Selection.

In addition to the requirements in Subchapter A, Chapter I of this title, contracting officer appointments will be limited to Commissioned Officers and NCOS (Grades E-6, E-7, E-8, and E-9) who have been awarded AFSC 6516, 6534, 65170, or 65190; or fully qualified civilians who occupy a manning authorization listed under these AFSCS. Limited contracting officers' appointments may be made for the following categories of personnel:

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

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

(c) Transportation and commissary personnel with authority limited to performance of procurement functions as authorized by this Subchapter. Normally, appointments will be limited to commissioned officers, civilians in Grade GS-9 and above and NCOs (E-8 and E-9) who have a minimum of 2 years of traffic management or commissary experience.

(d) Redistribution and Marketing (R&M) personnel in overseas commands with authority limited to the execution of sales contracts. Appointments will be limited to personnel who have been awarded AFSC 6416, 6424, or 6534; or fully qualified citizens who occupy a manning authorization listed under one of these AFSC's. Applicants must have a minimum of 3 years R&M experience.

[35 FR 15211, Sept. 30, 1970]

§ 1001.405-2 Appointment.

(a) (1) The commander or deputy commander of a base, division, wing, etc., and, in the case of AFLC activities, the Director of Procurement and Production (or other comparable official) will review and sign the request for designation of a contracting officer. In the case of AFSC activities the request for designation of a contracting officer will be reviewed and signed by the Director or Chief of procurement and Production (or equivalent); however, if this individual is the designating authority, the request will be reviewed and signed by the Officer (or civilian) immediately subordinate to him. Chief of the USAFE procurement centers will sign such requests for officers serving within the USAFE procurement centers. The request will include:

(i) A resume of his qualifications by the applicant.

(ii) A statement by the person signing the request that the qualifications contained in the resume were verified against the applicant's personnel file. (iii) If the designee is not 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) Requests for designation of R&M personnel as Sales Contracting Officer will be signed by the Chief of the R&M activity and forwarded to the major command R&M staff office. Requests for designation of the Chief of an R&M activity shall be initiated by the major command R&M officer or his deputy.

(3) Request for designation of a representative of a contracting officer will be the same as indicated in this paragraph (a), 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 paragraph (a)(3)(i) of this section, 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.

(4) Requests for designation will be sent through channels to the appropriate designating authority. Requests for designation of personnel as contracting officer, who do not meet the full criteria in § 1001.405-1, together with the following additional information, may be submitted by the appropriate designating authority to Hq USAF (AFSPPLC), for review and approval.

(i) Complete justification of the proposed appointment.

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

cer.

(iii) A list of persons in the same office who are qualified for appointment, their present duties, and whether they are not appointed contracting officer.

(5) Designations and termination of representatives of contracting officers will be in letter form.

(b) Appointments will be reviewed at least annually by the appointing authority. Files will be updated and the appointing authority will determine whether contracting officers have maintained professional proficiency and otherwise remained qualified. Appointments will be terminated or reduced in scope if warranted. [35 FR 15212, Sept. 30, 1970]

§ 1001.405-50 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.

(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.

§ 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: (1) Appointment as a limited contracting officer, or (2) designation of a government agency or position in the contractual document as authorized by paragraph (c) of this section.

(b) The designating authority may designate an 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 con

tractual 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) 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 authority to perform acts as assigned by the contracting officer. The contracting officer cannot authorize his employees to sign any contractual document or letter where the signature of a contracting officer is required.

§ 1001.405-52 Organization placement and other duties of contracting officers. (a) 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

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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.

(b) Except as provided in this subpart 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.

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

§ 1001.450 Secretary.

The Secretary establishes policies for, and directs and supervises, the Department's activities with respect to procurement and related matters. The General Counsel, as his legal advisor, is the final authority on all legal questions relating thereto. By delegation of authority from the Secretary, policies established by him are implemented and other appropriate instructions are issued to lower echelons by the Deputy Chief of Staff, Systems and Logistics, USAF, and the Director of Procurement Policy.

§ 1001.451 Delegations of authority.

Certain specific delegation of authority instructions with respect to procurement are referenced in subsequent sections of this subpart. In addition to limitations and conditions applicable to individual delegations and included therewith, the provisions of the paragraphs below apply to all delegations of procurement and are published in this section to eliminate their repetition.

(a) All redelegations of authority as well as withdrawals or rescissions thereof will be made in writing over the personal signature and title of the person vested with the authority. Delegations and redelegations will be

made to official positions and not to individuals by name, except in the case of designations of contracting officers and representatives of contracting officers.

(b) Delegations of authority do not affect the authority of the delegator to exercise any of the authority delegated or to issue instructions concerning the exercise of such authority.

(c) Authorities delegated may not be redelegated except as expressly provided in individual authorizations.

(d) Delegations of authority to air attaches may be exercised only by air attaches on duty in foreign countries. Delegations of authority to chiefs of AF foreign missions or chiefs of AF sections of joint military missions may be exercised only when the missions are not operating under the jurisdiction of an oversea command.

(e) In the absence of a person occupying a position to which authority has been delegated, the authority may be exercised by the person who is occupying the position in an “acting” capacity. "Absence" refers to absence from the installation on leave or temporary duty travel. In cases of extreme emergency "absence" may be construed to mean absence from the office regardless of whereabouts, except redelegations of authority which must be accomplished by the person occupying the position to which authority has been delegated.

(f) Approval of awards and manual approval of contracts authorized by delegations of authority will be made in person by the individual occupying the position to which the authority has been delegated. Execution of such approval by one individual for, or over the signature of, another is unauthorized. Persons serving in an acting capacity will execute authority as delegated, over their own name as acting chief, deputy chief, etc. Awards and contractual instruments in excess of the contracting officer's authority which require approval by higher authority will be reviewed by competent persons prior to manual approval.

(g) In the event that a person acts without the requisite authority, his action may, under certain circumstances, be later ratified.