(a) With the exception of facilities expansions supporting munitions programs (OASD/I&L approval required regardless of dollar value), SAFO 715.1 established the following approval delegations for industrial facilities projects: $500,000 to $1,000,000-Hq. USAF (DCS/ R&D), AFRPD and AFRPDI. $500,000 or less and project not contained in approved Air Force Industrial Resources Financial Plan-Hq USAF (DCS/R&D), AFRPD, and AFRPDI. $500,000 or less project contained in approved Air Force Industrial Resources Financial Plan-Hq AFSC (Commander/Vice Commander, DCS/P&P and Director/ Deputy Director of Production); the Commanders, Vice Commanders or Deputy Commanders of AFSC Divisions and Organization (ASD, ESD, AMD, and SAMSO; and Hq AFLC (Commander/Vice Commander and DCS, Procurement). $100,000 or less and project contained in approved Air Force Industrial Resources Financial Plan-Hq OAR (Commander/ Deputy Commander and Director of Procurement (DCS Materiel)). $25,000 or less and project contained in approved Air Force Industrial Resources Financial Plan-AFOSR and EOAR (Directors of Procurement); office two levels above the contracting officer for the facilities contract may approve real property nonrecurring maintenance project. (b) Approval of industrial facilities projects consisting of items from the industrial reserve (no funding) and having a total acquisition value of $500,000 or less and contained in the approved Air Force Industrial Resources Financial Plan will be obtained from the above approval authorities except for expansions supporting munitions programs. Projects in excess of $500,000, and those projects not contained in the approved Air Force Industrial Resources Financial Plan will be submitted to Hq USAF (AFRPDI) for approval. The same project approval criteria are applicable for extending primary purposes of facilities contracts, except for the requirement for inclusion in the Approved Financial Plan. (c) The above approval authority for purchase of industrial facilities items will not be redelegated below the above levels. The exercise of this authority is subject to all statutory and ASPR provisions, conditions and limitations affecting the furnishing of industrial facilities. (d) Any Air Force procurement activity that is initiating a procurement contract which may eventually require the Air Force to provide facilities must obtain facilities approval from the appropriate approval authorities prior to proceeding with contract award or negotiation. Procurement activities will not permit a facilities project at one location, or a normally integrated project for a weapon system to be submitted in two or more separate project increments, in order to by-pass approval levels cited above. [35 FR 5176, Mar. 27, 1970, as amended at 35 FR 15212, Sept. 30, 1970] procedural requirements and time limitations imposed by Division 3.6, California Government Code. It is recognized, however, that compliance may no longer be possible in the case of taxes paid prior to January 1, 1972, due to reliance upon the decision in California Cigarette Concessions, Inc. v. City of Los Angeles, supra. As to such taxes, contractors are nevertheless instructed to institute claims and/or file court appeals, as appropriate, without further delay. Contractors should resist, on grounds of estoppel or other appropriate legal or equitable principles, any attempt by the city to apply limitations imposed by the California Government Code in bar of recovery of taxes paid prior to the Volkswagen Pacific Inc. decision. These instruction relate only to license taxes, the refund of which would inure to the benefit of the Government pursuant to the terms of Government contracts. Similar instructions should be issued to affected subcontractors located in the city of Los An geles. [35 FR 4857, Mar. 20, 1970, as amended at 38 FR 15506, June 13, 1973] PART 1012-LABOR Subparts A-E-[Reserved] Subpart F-Walsh-Healey Public Contracts Act 1012.604 Responsibilities of contracting of- Title 32-National Defense vitations for bids in the case of formally advertised procurements: LABOR INFORMATION Attention is invited to the possibility that wage determinations may have been made under the Walsh-Healey Public Contracts Act providing minimum wages for employ. ees engaged in the manufacture for sale to the Government of the supplies covered by this Invitation for Bids. Information in this connection, as well as general information as to the requirements of the Act concern. ing overtime payment, child labor, safety and health provisions, etc., may be obtained from the Wage and Hour and Public Contracts Division, Department of Labor, Washington, D.C. 20210. Requests for informa tion should state the Invitation number, the issuing agency and the supplies covered. (b) Submitting report of any violations of representations or stipulations required by the Walsh-Healey Public Contracts Act to Hq USAF (AFSPPMA) through the Staff Judge Advocate, Hq AFSC, for transmittal to the Department of Labor. [35 FR 4859, Mar. 20, 1970] Subpart G-[Reserved] Subpart H-Equal Opportunity § 1012.808-2 Compliance reviews. From time to time, the OFCC and other compliance agencies issue notices with respect to companies whose EEO compliance status is questionable. Such notices may require special reviews, inquiries, consultations, etc., prior to award to those companies of any contract, regardless of dollar amount. Upon receipt by Hq USAF/ SPP, the notice shall be forwarded to appropriate major commands for dissemination to all buying activities. Before awarding a contract to any firm listed in such a notice, the PCO shall contact Labor Relations Office for instructhe Hq USAF/SPP tions. Hq USAF, after consultation with the appropriate agencies, shall advise the PCO as to whether award can be made to the firm in question. [36 FR 1252, Jan. 27, 1971] Subpart C-Providing Government Production and Research Property to Contractors § 1013.302 Air Force approval authorities for facilities projects. Secretary of the Air Force Order (SAFO) No. 715.1, dated August 15, 1969, assigns the responsibility for overall management of industrial facilities, including acquisition, utilization, maintenance and disposal to the Deputy Chief of Staff, Research and Development (DCS/R&D). (a) With the exception of facilities expansions supporting munitions programs (OASD/I&L approval required regardless of dollar value), SAFO 715.1 established the following approval delegations for industrial facilities projects: $500,000 to $1,000,000-Hq. USAF (DCS/ R&D), AFRPD and AFRPDI. $500,000 or less and project not contained in approved Air Force Industrial Resources Financial Plan-Hq USAF (DCS/R&D), AFRPD, and AFRPDI. $500,000 or less project contained in approved Air Force Industrial Resources Financial Plan-Hq AFSC (Commander/Vice Commander, DCS/P&P and Director/ Deputy Director of Production); the Commanders, Vice Commanders or Deputy Commanders of AFSC Divisions and Organization (ASD, ESD, AMD, and SAMSO; and Hq AFLC (Commander/Vice Commander and DCS, Procurement). $100,000 or less and project contained in approved Air Force Industrial Resources Financial Plan-Hq OAR (Commander/ Deputy Commander and Director of Procurement (DCS Materiel)). $25,000 or less and project contained in approved Air Force Industrial Resources Financial Plan-AFOSR and EOAR (Directors of Procurement); office two levels above the contracting officer for the facilities contract may approve real property nonrecurring maintenance project. (b) Approval of industrial facilities projects consisting of items from the industrial reserve (no funding) and having a total acquisition value of $500,000 or less and contained in the approved Air Force Industrial Resources Financial Plan will be obtained from the above approval authorities except for expansions supporting munitions programs. Projects in excess of $500,000, and those projects not contained in the approved Air Force Industrial Resources Financial Plan will be submitted to Hq USAF (AFRPDI) for approval. The same project approval criteria are applicable for extending primary purposes of facilities contracts, except for the requirement for inclusion in the Approved Financial Plan. (c) The above approval authority for purchase of industrial facilities items will not be redelegated below the above levels. The exercise of this authority is subject to all statutory and ASPR provisions, conditions and limitations affecting the furnishing of industrial facilities. (d) Any Air Force procurement activity that is initiating a procurement contract which may eventually require the Air Force to provide facilities must obtain facilities approval from the appropriate approval authorities prior to proceeding with contract award or negotiation. Procurement activities will not permit a facilities project at one location, or a normally integrated project for a weapon system to be submitted in two or more separate project increments, in order to by-pass approval levels cited above. [35 FR 5176, Mar. 27, 1970, as amended at 35 FR 15212, Sept. 30, 1970] procedural requirements and time limitations imposed by Division 3.6, California Government Code. It is recognized, however, that compliance may no longer be possible in the case of taxes paid prior to January 1, 1972, due to reliance upon the decision in California Cigarette Concessions, Inc. v. City of Los Angeles, supra. As to such taxes, contractors are nevertheless instructed to institute claims and/or file court appeals, as appropriate, without further delay. Contractors should resist, on grounds of estoppel or other appropriate legal or equitable principles, any attempt by the city to apply limitations imposed by the California Government Code in bar of recovery of taxes paid prior to the Volkswagen Pacific Inc. decision. These instruction relate only to license taxes, the refund of which would inure to the benefit of the Government pursuant to the terms of Government contracts. Similar instructions should be issued to affected subcontractors located in the city of Los An geles. [35 FR 4857, Mar. 20, 1970, as amended at 38 FR 15506, June 13, 1973] PART 1012-LABOR Subparts A-E-[Reserved] Subpart F-Walsh-Healey Public Contracts Act 1012.604 Responsibilities of contracting of- Subpart G-[Reserved] Subpart H-Equal Opportunity 1012.808-2 Compliance reviews. AUTHORITY: 10 U.S.C. Ch. 137, 10 U.S.C. 8012. Subparts A-E-[Reserved] Subpart F-Walsh-Healey Public Contracts Act § 1012.604 Responsibilities of contracting officers. The contracting officer is also responsible for: (a) Advising prospective contractors of possible applicable minimum wage determinations, by giving written or verbal information about such determinations in advance of our coincident with negotiated procurements, and by including the following provision in in Attention is invited to the possibility that wage determinations may have been made under the Walsh-Healey Public Contracts Act providing minimum wages for employ. ees engaged in the manufacture for sale to the Government of the supplies covered by this Invitation for Bids. Information in this connection, as well as general information as to the requirements of the Act concerning overtime payment, child labor, safety | and health provisions, etc., may be obtained from the Wage and Hour and Public Contracts Division, Department of Labor, Washington, D.C. 20210. Requests for information should state the Invitation number, the issuing agency and the supplies covered. (b) Submitting report of any violations of representations or stipulations required by the Walsh-Healey Public Contracts Act to Hq USAF (AFSPPMA) through the Staff Judge Advocate, Hq AFSC, for transmittal to the Department of Labor. [35 FR 4859, Mar. 20, 1970] Subpart G-[Reserved] Subpart H-Equal Opportunity § 1012.808-2 Compliance reviews. From time to time, the OFCC and other compliance agencies issue notices with respect to companies whose EEO compliance status is questionable. Such notices may require special reviews, inquiries, consultations, etc., prior to award to those companies of any contract, regardless of dollar amount. Upon receipt by Hq USAF/ SPP, the notice shall be forwarded to appropriate major commands for dissemination to all buying activities. Before awarding a contract to any firm listed in such a notice, the PCO shall contact Labor Relations Office for instructhe Hq USAF/SPP tions. Hq USAF, after consultation with the appropriate agencies, shall advise the PCO as to whether award can be made to the firm in question. [36 FR 1252, Jan. 27, 1971] § 1013.302 Air Force approval authorities for facilities projects. Secretary of the Air Force Order (SAFO) No. 715.1, dated August 15, 1969, assigns the responsibility for overall management of industrial facilities, including acquisition, utilization, maintenance and disposal to the Deputy Chief of Staff, Research and Development (DCS/R&D). (a) With the exception of facilities expansions supporting munitions programs (OASD/I&L approval required regardless of dollar value), SAFO 715.1 established the following approval delegations for industrial facilities projects: $500,000 to $1,000,000-Hq. USAF (DCS/ R&D), AFRPD and AFRPDI. $500,000 or less and project not contained in approved Air Force Industrial Resources Financial Plan-Hq USAF (DCS/R&D), AFRPD, and AFRPDI. $500,000 or less project contained in approved Air Force Industrial Resources Financial Plan-Hq AFSC (Commander/Vice Commander, DCS/P&P and Director/ Deputy Director of Production); the Commanders, Vice Commanders or Deputy Commanders of AFSC Divisions and Organization (ASD, ESD, AMD, and SAMSO; and Hq AFLC (Commander/Vice Commander and DCS, Procurement). $100,000 or less and project contained in approved Air Force Industrial Resources Financial Plan-Hq OAR (Commander/ Deputy Commander and Director of Procurement (DCS Materiel)). $25,000 or less and project contained in approved Air Force Industrial Resources Financial Plan-AFOSR and EOAR (Directors of Procurement); office two levels above the contracting officer for the facilities contract may approve real property nonrecurring maintenance project. (b) Approval of industrial facilities projects consisting of items from the industrial reserve (no funding) and having a total acquisition value of $500,000 or less and contained in the approved Air Force Industrial Resources Financial Plan will be obtained from the above approval authorities except for expansions supporting munitions programs. Projects in excess of $500,000, and those projects not contained in the approved Air Force Industrial Resources Financial Plan will be submitted to Hq USAF (AFRPDI) for approval. The same project approval criteria are applicable for extending primary purposes of facilities contracts, except for the requirement for inclusion in the Approved Financial Plan. (c) The above approval authority for purchase of industrial facilities items will not be redelegated below the above levels. The exercise of this authority is subject to all statutory and ASPR provisions, conditions and limitations affecting the furnishing of industrial facilities. (d) Any Air Force procurement activity that is initiating a procurement contract which may eventually require the Air Force to provide facilities must obtain facilities approval from the appropriate approval authorities prior to proceeding with contract award or negotiation. Procurement activities will not permit a facilities project at one location, or a normally integrated project for a weapon system to be submitted in two or more separate project increments, in order to by-pass approval levels cited above. [35 FR 5176, Mar. 27, 1970, as amended at 35 FR 15212, Sept. 30, 1970] |