= (1) Note on all copies of the notice of appeal the date of mailing or the date of receipt if otherwise transmitted. (2) Promptly forward to the Board the original notice of appeal together with the envelope in which the notice of appeal was received or any other documentary evidence of mailing or receipt of such notice. (3) Notify the Staff Judge Advocate (MCJ), Hq AMC, or oversea command staff judge advocate if applicable, that the notice of appeal has been forwarded to the Board. If two or more copies of the notice of appeal are furnished all copies other than the original will be forwarded to MCJ. Otherwise, a copy of the notice of appeal should be made for MCJ, if practical. If no copies are available or legible copies cannot be made, the number of the contract and the name of the contractor should be furnished MCJ. (c) Attention is invited to the note in ASBCA Rule 4 which reads as follows: Attention is invited to Rule 31, below, providing an Optional Accelerated Procedure for cases involving $5,000 in amount or less. It is the duty of the contracting officer to advise the contractor of the Optional Accelerated Procedure in connection with an appeal involving $5,000 in amount or less. The contracting officer will so advise the contractor when it appears that the monetary amount in issue is less than $5,000. (d) Upon receipt of information that a notice of appeal has been filed, the Staff Judge Advocate, Hq AMC, will request the contracting officer to furnish the information required in paragraph (a) of this section. Two copies of all requested documents will be furnished MCJ. § 1001.314-52 Contractor's compliance and withdrawal after appeal is filed. Whenever the contractor, subsequent to filing an appeal with the Armed Services Board of Contract Appeals, elects nevertheless to accept fully the findings and decision from which appeal was taken or any amendment thereof, and gives written notification of such acceptance to the contracting officer concerned, the contracting officer will be responsible for promptly sending the contractor's notice of acceptance to the Staff Judge Advocate, Hq AMC. Upon receipt of the notice the Staff Judge Advocate in collaboration with the contractor will prepare and submit a joint motion of withdrawal to the Board. Similar action will be taken by the contracting officer in instances where the contractor, after filing an appeal with the Armed Services Board of Contract Appeals, in writing signifies partial acceptance with the findings and decision of the contracting officer. § 1001.314-53 Assistance in connection with pretrial conference and hearings. At all times after the filing of an appeal, the contracting officer will render all assistance requested by the Staff Judge Advocate, Hq AMC. Whenever an appeal is set for hearing, the contracting officer concerned, acting under the guidance of the Staff Judge Advocate, Hq AMC, will be responsible for arranging for the presence of Government witnesses and specified physical and documentary evidence at both the pretrial conference and the hearing. § 1001.314-54 Suggested format; decision in accordance with disputes clause. (Name and address of contractor) 1. In accordance with the provisions of the above-numbered contract, the undersigned contracting officer has duly considered your request for (insert factual description of the request to identify clearly its nature and scope.) 2. The undersigned contracting officer has decided that your request as set forth above, is disallowed (in whole or in part, according to the fact) for the following reasons: (Insert the findings of fact upon which the disallowance is based.) 3. The "Disputes" clause of the contract provides that within 30 days from the date of receipt hereof the contractor may appeal from this decision by mailing or otherwise furnishing to the contracting officer a written appeal addressed to the Secretary of the Air Force. Two copies should accompany the original notice of appeal. The notice of appeal should identify the contract (by number), the decision from which the appeal is taken and be signed by appellant or an officer of appellant organization or by a duly authorized representative or attorney. Within 30 days after receipt of notice of docketing of the appeal by the Board, the appellant shall file with the Board a complaint setting forth simple, concise and direct statements of each claim showing entitlement to relief. § 1001.314-55 Alternative suggested format; to be used when a termination for convenience dispute is involved. Subject: Findings Pertaining to Termination (Name of contractor) Under Contract No. (Name and address of contractor) 1. Your claim for (insert factual description of the claim to identify clearly its nature and scope) in connection with the above cited contract has been duly considered by the undersigned contracting officer. 2. In accordance with the provisions of Clause (insert the title of the pertinent termination clause) of the contract, the undersigned contracting officer finds as follows: (Insert all pertinent factual data, such as, date of termination of contract, date of submission of settlement proposal, items and amounts allowed and disallowed, together with reasons therefor.) 3. The "Disputes" clause of the contract provides that within 30 days from the date of receipt hereof, the contractor may appeal from this decision by mailing or otherwise furnishing to the contracting officer a written appeal addressed to the Secretary of the Air Force. Two copies should accompany the original notice of appeal. The notice of appeal should identify the contract (by number), the decision from which the appeal is taken and be signed by appellant or an officer of appellant organization or by a duly authorized representative or attorney. Within 30 days after receipt of notice of docketing of the appeal by the Board, the appellant shall file with the Board a complaint setting forth simple, concise and direct statements of each claim showing entitlement to relief. § 1001.314-56 Delegation of authority to process contract appeals. The Commander, AMC, has been delegated authority to process all contract appeals directly to the Armed Services Board of Contract Appeals and the Appeal Board, Office of Contract Settlement. The Commander, AMC, has further delegated this authority to the Staff Judge Advocate, Hq AMC, with power of redelegation. § 1001.314-57 Staff Judge Advocate, Hq AMC. The Staff Judge Advocate, Hq AMC, is the duly designated trial attorney to represent the Government in the defense of appeals before the Armed Services Board of Contract Appeals or the Appeal Board, Office of Contract Settlement. Decisions of the Armed Services Board of Contract Appeals by the Staff Judge Advocate, Hq AMC, will be transmitted to the appropriate contracting officer for action according to the Board's decision. When the Chief Trial Attorney determines that the best interest of the Air Force will be served, a motion for reconsideration of an adverse decision will be filed. § 1001.350 Forward purchasing policy. The primary objective of the forward purchasing policy is to attain and maintain on a continuing basis an Air Force in a maximum state of readiness to perform its combat mission within approved force structures, with a minimum cost impact on the United States economy. The control of expenditures through employment of efficient inventory control procedures and purchasing methods, are indispensable prerequisites to the achievement of this objective. Consistent with this objective, and with the basic Air Force policy to make all procurements on a competitive basis to the maximum practical extent, the following requirements are established: (a) Procurements will not be placed earlier than necessary to meet requirements and/or maintain continuity of production. (b) All procurement will be according to the latest production reserve policy. This applies to both prime contractor and subcontractor complexes of aircraft and to all manufacturers of related equipment. (c) No new contract is to be placed until the price, delivery, and quality elements of the purchase have been carefully reviewed and analyzed. (d) Where contractors have delayed without justifiable cause or failed to negotiate in good faith prompt contract formalization, price redetermination, and target reset or final price revision under incentive contracts, and it is determined, after suitable review, that such delinquencies exist, no new contracts are to be placed with the contractors involved until the delinquencies have been corrected. (e) Careful consideration is to be given to tightening the terms and conditions of new contracts and to insure that obligations undertaken by contractors are clearly stated and enforced. Increasing emphasis is to be placed on fixedprice contracts, and wider use of incentive type contracts where it can be anticipated that lower overall cost will result. (f) Reasonable administrative conrols or other assurances will be used o insure that AF contractors maintain minimum inventories required for proAuction consistent with sound business practices. 27 F.R. 1602, Feb. 21, 1962, as amended at 17 F.R. 6268, July 3, 1962] 1001.351 Policy on establishment of secondary sources of aircraft production. As an integral part of the policy of proadening the industrial base during a period of national emergency, it is necessary for the Air Force to create supplementary sources for the production of aircraft and related equipment normally obtained from the original designermanufacturer and to provide the supplementary sources with engineering help and technical assistance from such original sources. The Air Force recognizes the contributions made by the primary suppliers of aircraft and related equipment to the advanced state of the art and the importance of maintaining the industry in strong financial condition. To that end, it is essential that the aircraft industry be adequately compensated for its creative efforts and its overall contributions to the national defense. The policies set forth herein are designed to recognize the respective contributions and responsibilities of industry and Government toward the maintenance of an aviation industry of sufficient strength to provide the air power needed for national security. (a) Determination of need for supplementary sources. It will be the prerogative of the Air Force to determine whether one or more supplementary sources are needed, and to make the final selection of secondary suppliers. Nevertheless, it will be AF policy to consult with the primary source prior to the selection and establishment of each supplementary source to obtain the benefit of the experienced advice and judgment of the primary source and also with a view toward obtaining a competent supplementary supplier, who will operate in harmony with the primary source. It is expected that, after the establishment of each supplementary source, the primary source will cooperate in furnishing technical assistance to the supplementary source and in entering into licensor-licensee agreements. When establishing a supplementary source, consideration will be given to the cost of the production facilities that the Government may have to provide such supplementary source. (b) Proration of procurement between primary and supplementary sources. In determining the extent to which procurement will be prorated between the primary source and the supplementary source or sources, it will be AF policy to give prior consideration to the primary source, subject always to the Government being assured of deliveries of the needed equipment within the time required and at a reasonable price. In determining the amount of procurement to be placed with the supplementary source or sources, consideration will be given to amortizing the cost of any facilities the Government may have provided or will provide the supplementary source, as well as maintaining an expansible base in event of mobilization, but there also will be taken into account the investment in production facilities made by the primary source. Due recognition will be given to the available capacity of the primary source, and in scheduling production programs it will be AF policy to maintain such production with the primary source as is consistent with the foregoing. It will be the prerogative of the Air Force to determine the proration of business between the primary and supplementary sources. (c) Reimbursement of primary source for technical assistance. For technical assistance the primary contractor will be reimbursed by the Government on a basis which will fairly reflect the contractors' "out-of-pocket" cost plus a fair profit. (d) Compensation of primary source for helping establish supplementary sources. The establishment of a supplementary source generally involves some proprietary rights of the original designer-manufacturer other than patent rights which are not considered as being within the purview of this policy statement. These proprietary rights will be given appropriate recognition on a case by case basis. The supplying of engineering know-how and technical and other assistance by the primary source is materially beneficial to the supplementary source and to the Government, in reduced costs and effort in furnishing supplies. The amount and nature of the engineering assistance and know-how supplied by the primary contractor will be an important consideration in the negotiation of profit allowances for supplies procured by the Government from the primary contractors as well as in the negotiation of profit allowances for the supplies procured by the Government from the supplementary sources with the engineering and technical assistance furnished by the primary contractor. § 1001.352 Individuals authorized to initiate purchase requests. (Not applicable to base procurement activities supporting oversea bases according to AMCR 23-6, e.g., USAF logistic control groups and SMAMA.) Α list of all individuals authorized to initiate Purchase Requests will be obtained and maintained by each base procurement office. In addition, a specimen signature on DD Form 577 "Signature Card," will be filed for each individual on the list. § 1001.353 Utilization of funds. By law, funds are required to be used only for the purpose for which they were appropriated and no other. Moreover, obligations must not be incurred unless funds are available. Where essentially similar items are procured, whether on one or more contracts, the same funds must be cited. Similarly, where contracts are amended, as, for example, to make changes or additions to work called for under a construction contract, which changes are essentially the same character of work, only construction funds should be used. This is not intended to preclude the citation of different, but appropriate, funds for different supplies or services in the same contract where such supplies or services are properly being procured under one contract. The words "Discount-Expedite" may be locally overprinted diagonally on a representative portion of reproducible masters of DD Form 1155 and other contractual forms. The lettering will be 1 inch opaque block type so as not to obliterate any typed words or figures. When a time discount applies, the typist will use one of the overprinted forms and no additional manual marking is required. If cut sheets are used, they may also be overprinted if practical. When not practical, a rubber stamp with 11⁄2 inch letters will be used. [27 F.R. 9914, Oct. 9, 1962] It is the policy of the Air Force to require full cooperation between its personnel and the General Accounting Office in their relationship with contractors concerning that agency's examination of contractor's records and supporting data, pursuant to the contractual clause of each contract emanating from the statutory right provided by the Congress. Where adequate cooperation cannot be obtained from the contractor by the GAO and the local AF representative, the matter will be referred to AMC (MCGL) for advice, assistance, and resolution. § 1001.356 Tests of contractor manufac tured equipment. Only personnel designated by the Government and the contractor whose products are being tested should be permitted to witness such tests. Such contractor may designate others not in his organization to attend provided such request is in writing and approved by the Government. § 1001.357 Use of new contracts for fol. low-on procurements. (a) All follow-on procurements (adding articles in the prosecution of subsequent fiscal year programs) will be accomplished on a separate and distinct contractual instrument as opposed to a supplement to an existing contract. (b) Commanders or deputy commanders of AMA'S AF Depots, AMC centers, AMFPA, AMFEA, with power of redelegation, may authorize exceptions to the policy in the case of individual procurements when the best interests of the Government will be served. This authority will be exercised only where compliance with policy is not practicable. The procurement file will include a statement by the contracting officer of approval and justification. (c) Exceptions not requiring authorization: (1) Contractual coverage for preproduction expenses, e.g., engineering changes, facility expansions, and/or tools relating to initial release of production quantities. (2) Follow-on procurements for pilotless aircraft when requirement is released on a partial basis, such as purchases of materials, fabrication materials, and assembly. of (3) Supplemental agreements for additional quantities within the same fiscal year. (4) CPFF contracts; but see subparagraph (6) of this paragraph. (5) Indefinite delivery, open and call procurement contracts. (6) Research and development contracts where the period of performance will not exceed 3 years from the date of the initial contract. (7) Instances where the Government exercises its rights under the option clause of a contract. § 1001.358 Policy regarding the consideration of loyalty of scientific researchers on unclassified research contracts. (a) The problems of security and possible unauthorized release of classified information do not arise under unclassified scientific research contracts. The major consideration regarding the individuals involved should be their scientific integrity and ability. The only consideration relating to the loyalty of individual scientists engaged in work under Government contracts is the principle that it would appear to be against the national interest to give aid and comfort to a person disloyal to the United States. In conformance with this principle, the following policy has been adopted: (1) The policy of the Air Force in considering proposals for contracts in support of unclassified research not involving security considerations is to assure that, in appraising the merit of a proposal submitted by or on behalf of a scientist, his experience, competence and integrity are always taken carefully into account. Purchasing activities will not knowingly award or continue a contract in support of research for one who is: (i) An acknowledged Communist or anyone established as being a Communist by a judicial proceeding, or anyone who advocates change in the United States Government by other than constitutional means. (ii) An individual who has been convicted of sabotage, espionage, sedition, subversive activity under the Smith Act, or a similar crime involving the Nation's security. (b) Whenever any purchasing activity has reason to believe that the policies described in paragraph (a) (1) of this section applies to a scientific researcher whose services will be utilized in a proposed contract, or whose services are being used in an existing contract, all pertinent information will be forwarded through the Commander, AMC, attn: MCPP, to the Deputy Chief of Staff, Materiel, Hq USAF, attn: AFMPP, for resolution. (c) Where a purchasing activity receives information indicating that a potential or an actual scientific researcher may have violated a Federal statute, an immediate report will be made in the manner prescribed for reporting the commission of suspected crimes. § 1001.359 Contracting with architectengineer firms for construction work. (a) Air Force policy prohibits the award of a contract for professional architect-engineer services for a particular facility, and the award of a contract for the related construction work to the same firm, its subsidiaries or affiliates. Professional architect-engineer services, as referred to herein, means: (1) Those architectural and engineering services furnished in connection with developing designs, drawings, specifications and other documents prerequisite and essential to the construction of a facility, and (2) those technical and other services furnished by an architect-engineer, on behalf of the Government, in connection with the supervision and inspection of the work performed and materials supplied by the construction contractor. This policy, adopted in an effort to prevent the development of conflicts of interest which might tend to prevent architect-engineer contractors from furnishing the best professional services of which they are capable and from rendering unbiased decisions during the design and construction periods, is in keeping with similar policies followed by other major governmental construction agencies. (b) Certain firms possess both architectural-engineering and construction capabilities, either within their own organizations or through subsidiaries or affiliates. In the event such firms, their subsidiaries or affiliates, are selected as prospective contractors for professional architect-engineer services, they will be clearly informed of the above policy prior to the initiation of architect-engineer contract negotiations. At that time such firms will have the option of either: (1) Withdrawing from further architect-engineer contract negotiation to compete for the construction contract, or (2) continuing with contract nego |