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§ 1001.201-3 Contracting officer.

In addition to the personnel set forth in § 1.201-3 of this title, the term "officer" is defined to include noncommissioned officers who: (a) Hold AFSC -in 65170 or 65190, (b) are in supervisory tive positions prior to appointment, and (c) have the requisite procurement experience and other qualifications (see § 1001.452); provided the authority of individuals so appointed is limited to exec ecuting purchase and delivery orders us (and amendments) within the monetary blimitation of $2,500 and under.

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ar [27 F.R. 1600, Feb. 21, 1962, as amended at 27 F.R. 9914, Oct. 9, 1962]

(1) Manufacturers,

(2) Construction contractors,

(3) Regular dealers in the supplies to be procured, as defined in § 1.201-18 (b) (2) of this title.

(4) Intermediaries, provided such sources are not prohibited by local foreign law. An intermediary will be deemed to be any one of the following:

(i) A person (or firm) who owns, operates, or maintains a place of business, regularly engaged in performing 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; the receiving, storing, repacking, and reshipping of items being procured; the 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 the preparation of 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 Territories, Puerto Rico, or the Virgin IsIslands.

(iii) Agencies or instrumentalities of a foreign government. § 1001.201-50

cation.

Contract change notifi

Contract Change Notification is a written order signed by the 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. CCN's will be used according to Subpart C, Part 1054 of this chapter. § 1001.201-51

Contractor.

The term "contractor" means any person, partnership, company, or corpora

Page 11

The term "chief officer responsible for procurement" means the Commander, Air Materiel Command as sole head of a procuring activity within the Air Force. § 1001.201-53 Appropriated funds.

The term "appropriated funds" comprises all such funds, including funds allocated to, as distinguished from appropriated to, the Department (including available contract authorizations); but does not include organization, unit, or similar funds.

§ 1001.201-54 Base procurement.

The term "base procurement" means the authorized purchase with appropriated funds, of materials, supplies, and services by an AF installation (normally a base) for its own use or the use of a logistically supported activity. Base procurement is not limited to the immediate geographical area in which the base is located. Pending revision of the Air Force Procurement Instructions, wherever the term "local purchase" is used, it will be deemed to refer to "base procurement."

§ 1001.201-55 Central procurement.

The term "central procurement" means the procurement of consolidated Air Force requirements of materials, supplies or services effected by designated agencies, namely the Air Materiel Command, the Department of the Army, Department of the Navy, Armed Services Medical Procurement Agency, and Military Petroleum Supply Agency. § 1001.201-56 tivity.

Base procurement ac

The term "base procurement activity" means any AF installation that is engaged in base procurement and is located within the United States, its Territories or possessions. Pending revision of the Air Force Procurement Instructions, wherever the term "local purchase activity" is used it will be deemed to refer to "base procurement activity."

§ 1001.201-57 Foreign base procurement activity.

The term "foreign base procurement activity" means any AF installation that is engaged in base procurement and is

"AMC field procurement activities" means the purchasing activities (excluding base procurement) of AMC centers, air materiel areas located in the ConUS, Dayton AF Depot, and 2709th Vehicle Control Group.

§ 1001.201-59 Foreign central procurement activity.

"Foreign Central Procurement Activity" means any AMC installation that is engaged in central procurement and is located outside the United States, its Territories or possessions and the Commonwealth of Puerto Rico.

§ 1001.201-60 Oversea commands.

"Oversea commands" includes major air commands located in territories and possessions of the United States, as well as those in foreign countries, and major commands located in Alaska and Hawaii.

§ 1001.201-61 Continental United States (ConUS).

"Continental United States (ConUS)” means the forty-eight states contiguous to each other and the District of Columbia but does not include Alaska and Hawaii.

§ 1001.201-62 Contract management regions (CMR's). "Contract management regions (CMR's)" means the activity exercising command responsibility over AFPRO's, APD's, and Test Site Offices.

§ 1001.201-71 Title I and Title II Architect-Engineer services.

(a) Title I Architect-Engineer Services means any services required to be furnished by an architect-engineer in connection with the preparation, coordination, and approval of preliminary and final designs, drawings, specifications, estimates of cost, and other technical documents and data essential to the development of advance and master plans, military construction projects (including family housing projects) and the maintenance, alteration and repair of constructed facilities. Title I may include reviewing, checking, coordinating

and recommending approval of shop drawings and material samples submitted by construction contractors to assure that they conform to the requirements and intent of the approved construction contract drawings and specifications when no Title II contract is to be let.

(b) Title II Architect-Engineer Services means any services required to be furnished by an architect-engineer in connection with the general supervision and detailed field inspection of the construction of a project to ensure that all phases of the construction work are performed in strict compliance with the intent and requirements of the approved construction contract documents, and the furnishing of such other technical services during the construction period as may be required and specified. Title II includes post construction architectengineers services, such as: assisting in final inspection, preparing "as built" drawings, supervising operating and other tests, and preparing operating and maintenance instructions.

Subpart C-General Policies

SOURCE: §§ 1001.302 to 1001.363 appear at 27 F.R. 1602, Feb. 21, 1962, except as otherwise noted.

§ 1001.302-3 Production and research and development pools.

(a) Description: See § 1.302-3 (a) of this title.

(b) General rule: A pool designated by the administrator of the SBA as a "small business pool" is subject to the policies and procedures set forth in Subpart G, Part 1 of this title and Subpart G of this part.

(c) Ascertainment of status: In any case where the award of a contract to a group reporting itself as a production or research and development pool is contemplated, the contracting officer will request the small business specialist in the APD within whose geographical boundaries the pool is located to obtain from the SBA for forwarding to the contracting officer the following:

(1) A copy of the SBA or OCDM notification of approval of the pool.

(2) A list of the member companies of the pool and a statement regarding the type of organization and plan of operation of the pool.

(d) and (e) See § 1.302-3 (d) and (e) of this title.

See Part 6 of this title and Part 1006 of this chapter.

§ 1001.302-50 Contracts between the Government and its employees, proposed subcontracts between Government prime contractors and Government employees.

(a) Procurement contracts: Procurement contracts between the Government and its employees or business organizations substantially owned or controlled by Government employees will not be entered into except for the most compelling reasons. Proposed subcontracts or purchase orders between prime contractors and Government employees will not be approved except for the most compelling reasons.

(b) Sales contracts: Surplus property may not be sold to military personnel on active duty, to civilian employees of the Armed Forces, including the Department of Defense, or to the immediate families, dependents, or agents of the foregoing except as provided for in AFM 67-1, volume 6, chapter 11, paragraph 3a (2).

(c) In certain instances contracts between the Government and its employees may be subject to the limitations of the dual compensation statutes. Questions with regard to these laws should be referred to the local staff judge advocate.

(d) Administrative approval of AF contracts: Even though a contracting officer has reason to believe that the award of a contract would not violate the policy expressed in paragraph (a) of this section, an administrative approval of such contract will be obtained prior to award from one of the following, as appropriate:

(1) Hq AMC, by the Deputy for Procurement: The request for approval will be forwarded through the Procurement Division (MCPP), to the Deputy for Procurement.

(2) AMC field procurement activities as required by their commanders.

(3) Base procurement activities, foreign procurement activities, and major command central procurement activities, as required by the commander of the major command.

(4) Air Research and Development Command, as required by the Commander, ARDC.

(5) AMC base procurement activities not under the jurisdiction of an AMA

or AF depot, as required by the commander of the activity concerned.

(e) Administrative approval of subcontracts: When an administrative contracting officer has reason to believe that the approval of a proposed subcontract or purchase order would violate the policy, approval will be obtained from the head of the activity responsible for the administration of the contract prior to any other required approval of such subcontract or purchase order.

§ 1001.305 Time of delivery or performance.

§ 1001.305-2 General.

See § 1001.310.

[27 F.R. 9914, Oct. 9, 1962]

§ 1001.305-3

Terms.

(a) See § 1.305-3 (a) of this title. (1) See § 1.305-3 (a) (1) of this title. (2) It is AF policy to avoid the use of this paragraph whenever practical.

(3) See § 1.305–3(a) (3) of this title. (b) to (d) See § 1.305-3 (b) to (d) of this title.

(e) (1) All contractual documents with the exception of DD Form 1155 and those with "required" delivery forwarded to AF contractors, will be accompanied by AFPI Form 29, "Contractual Document Transmittal-Receipt Card." This procedure will establish a specific date for the delivery of supplies or services as set forth in § 1.305-3 of this title and this section.

(2) When the "required" delivery provision is inserted in an IFB or RFP, the resulting written notice of award or fully executed and binding contract, except for orders placed on DD Form 1155, will be forwarded to the contractor by certified mail, return receipt requested. In such cases, the buyer will attach to the contract file appropriate notification to that effect.

(3) Use of AFPI Form 29. The purchasing activity will:

(i) Prepare AFPI Form 29 for transmittal to the contractor with the written notice of award or other contractual document, as follows:

(a) One copy will be addressed for return to the activity responsible for the distribution of the contract.

(b) One copy will be addressed for return to the APD, AFPRO, or other office responsible for administration of the contract, if the contract is to be administered by some office other than

the contracting office making the award or contract.

(c) Both copies will contain the contractor's name and address as well as a listing of documents transmitted.

(ii) File AFPI Form 29 in the official contract file upon receipt of the form from the contractor.

(f) See

1.305-3 (f) of this title.

§ 1001.305-4 Time of delivery clauses. (a) See paragraphs (d) and (e) of this section.

(b) and (c) See § 1.305-4 (b) and (c) of this title.

(d) (1) If the buyers desire to specify a rate of delivery as well as a date for completion of delivery, they may specify the delivery schedule in a delivery provision similar to the following.

At the rate of per month to be completed days after the receipt of (insert "written notice of award” or “written notice of award or a fully executed and binding contract," as appropriate).

(2) In negotiated procurements where definitive delivery schedules can be set forth for supplies such as aircraft, engines, etc., the buyers may specify a delivery provision similar to the following:

(i) The contractor shall deliver the supplies called for hereunder to the Government in accordance with the following schedules:

(ii) Buyers will specify in the delivery provision whether or not an accelerated delivery rate will be acceptable to the Government.

(e) In contracts (including contracts on DD Forms 1155) covering MIPR requirements, buyers will include each claimant's portion of like items as a separate contract line item; and buyers will include a separate delivery schedule for each claimant. Where an allocation system is utilized for GFAE items, an allocation schedule will be established for each Requiring Department in lieu of the separate delivery schedule required in paragraph (d) of this section. The delivery schedule will normally be that set forth in the MIPR, if realistic,

NOTE: The preceding example does not apply to delivery schedules specified in DD Forms 1155. The delivery schedule for each claimant's portion on a DD Form 1155 contract will be stated in terms of specific dates on or before which delivery is to be made (see § 1016.303–2(b)(4) of this chapter).

§ 1001.305-50 Maximum delivery schedules.

Appropriations carrying a fiscal year designation as the final year of availability are available for obligation up to and including June 30 of that fiscal year and are available for expenditure for 2 additional years unless otherwise advised. For example, 1959 annual appropriations are available for obligation through June 30, 1959, and for expenditure through June 30, 1961. Accordingly, maximum delivery schedules will be controlled by the foregoing legal requirement for expenditure of appropriated funds. Contracting officers will assure that delivery requirements are in strict accordance with the foregoing and all contract reviewing authorities will assure that strict conformance with the requirements of this section have been

met.

§ 1001.305-51 Establishment of delivery schedules on open contracts.

(a) The following procedures will be followed when the contractor cannot meet the desired delivery schedule set forth in the Production List (§ 1007.2606 of this chapter), and it becomes necessary to establish a new delivery schedule. At such time, according to § 1007.2606 of this chapter, the contractor will set forth its best delivery schedule on two copies of the Approved Production List and forward them to the administrative contracting officer (ACO).

(b) The ACO will:

(1) Review the contractor's schedule with production personnel at the APD or AFPRO, as appropriate.

(2) If the contractor's proposed delivery schedule is within 60 days of the

original desired schedule, not coordinate further with supply personnel at the end article prime depot, the initiating contracting officer, or buyer.

(3) If the contractor's proposed delivery schedule is more than 60 days later than the original desired schedule, coordinate with supply personnel at the end article prime depot to assure that the revised delivery schedule is consistent with AF needs and requirements. When necessary, negotiate with the contractor to establish a delivery schedule which is acceptable to both the Government and the contractor. No coordination need be effected with the initiating contracting officer or buyer.

(4) When the contractor's proposed delivery schedule is approved and accepted by the ACO, according to the procedures set forth in subparagraphs (1), (2), and (3) of this paragraph, or when the contractor takes no exception to the desired schedule originally set forth in the Production List, inform the contractor relative to including the delivery schedule in the Proposed Price Exhibit or SPCR, pursuant to § 1007.2606-3 of this chapter. Also, inform, in writing, supply personnel at the end article prime depot of the definitive delivery schedule approved and accepted under either subparagraph (2) or (3) of this paragraph; this notification will be prior and in addition to any notification that may be brought about by the prescribed distribution.

(5) Restrict coordination time with supply personnel at the end article prime depot to minimum periods with appropriate followup by the ACO in each particular case.