1001.1302 Place of delivery. 1001.1302-3 Shipments originating outside the United States. 1001.1305 Delivery terms. 1001.1305-2 F.o.b. origin or destination. 1001.1305-3 F.o.b. destination. 1001.1305-4 F.o.b. origin. 1001.1306 Consignment and marketing in structions. 1001.1307 Scheduling of deliveries to permit consolidation of shipments. 1001.1309 Volume shipments within the United States. Subpart N-Preference for United States-Flag Privately Owned Ocean Carriers 1001.1405 Responsibilities. 1001.1405-1 Military departments Subparts O Through T-[Reserved] Subpart U-Industry Advisory Committees 1001.2100 1001.2102 1001.2103 1001.2105 Scope of subpart. Statement of position. Limitations. Responsibility. AUTHORITY: §§ 1001.101 to 1001.2105 issued under sec. 8012, 70A Stat. 488; 10 U.S.C. 8012. Interpret or apply secs. 2301-2314, 70A Stat. 127-133; 10 U.S.C. 2301-2314. Subpart A-Introduction SOURCE: $$1001.101 to 1001.113-1 appear at 27 F.R. 9912, Oct. 9, 1962. § 1001.101 Purpose of subchapter. The Air Force Procurement Instruction (AFPI) (this subchapter) is issued by the Commander, AFLC by authority of the Secretary of the Air Force, delegated through the Director of Procurement Management (AFSPM), DCS/S&L, Hq USAF. It implements the Armed Services Procurement Regulation (ASPR) (Subchapter A, Chapter I 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. 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: (1) DD Forms 746 and 746-1 have been issued, and the award is to be made by means of DD Form 746-2, (2) Invitations for Bids have been issued, or (3) bilateral contractual documents have been submitted to the contractors and introduction of the new or revised clause may delay the procurement. § 1001.109 Deviations from ASPR and Department of Defense publications covering procurement. Sections, subparts, or parts of this subchapter bearing numbers identical to those appearing in Subchapter A, Chapter I of this title implement the sections, subparts, and sections in Subchapter A, § 1001.109-2 Deviations affecting one Chapter I of this title. § 1001.103-5 Dating of contract clauses. The same method used for identifying clauses in Subchapter A, Chapter I of this title as prescribed in § 1.103-5 of this title will be used for identifying clauses in this subchapter. §1001.104 Content of subchapter. This subchapter will contain all policies, procedures, and instructions relating to procurement of supplies and services within the Air Force, except those contained in Subchapter A, Chapter I of this title and the 70 series of Air Force regulations. § 1001.105 Amendment of subchapter. 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 and publication in this subchapter from time to time. § 1001.107 Effective date. Compliance with an amendment to the Air Force Procurement Instruction is permissible from the date of the change and will be mandatory 30 days thereafter, except: (a) As otherwise prescribed in the amendment. (b) 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 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 (SCMK-3) to Hq USAF (AFSPMAS). (2) Requests for deviations by AFLC and other major commands, except those in subparagraph (1) of this paragraph, will be sent through the AFLC Procurement Committee (MCPC) to Hq USAF (AFSPM-AS). 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. § 1001.109-3 Deviations affecting more than one contract or contractor. Deviations which affect more than one contract or contractor will be processed to Hq USAF (AFSPM-AS), in the same manner as prescribed in § 1001.109-2(b). The Hq USAF Responsible Office for the section, subpart or part in 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 (AFSPM-AS), for presentation to the ASPR Committee. § 1001.109-4 Deviations required by Government-to-Government agree (a) Deviations from clauses prescribed in Subchapter A, Chapter I 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. (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 ASPR or AFPI paragraph number from which deviation requested. is (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. § 1001.111 Reports of suspected criminal conduct and noncompetitive practices. § 1001.111-1 Suspected criminal conduct. 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. § 1001.111-2 Noncompetitive practices. Reports of noncompetitive practices will be forwarded through channels, including AFLC (MCPK) to Deputy Chief of Staff Systems and Logistics, DCS/ S&L, Hq USAF, for submission to the Secretary. |