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tiations for the architect-engineer contract under the condition that if such negotiations are successful, that firm, its subsidiaries or affiliates, will be ineligible to compete for the related construction contract. Accordingly, bids for the construction of a facility will not be solicited from the firm, its subsidiaries or affiliates, which furnished, or will furnish architect-engineer

professional services for that facility.

(c) Exceptions: The above policy is not applicable: (1) In those few cases where the Secretary of the Air Force specifically authorizes the use of costplus-fixed-fee contracting with a firm or group of firms for both the design and construction of a specialized facility, nor (2) in those cases where contracts are awarded based on requirements specifications, for the production, delivery and/or erection of multiple units of pre-engineered structures and such contracts require the successful contractors to furnish construction drawings, specifications, or site adaption drawings of the structures. In neither of the above excepted cases will the firm that prepared the drawings and specification be engaged to supervise, on behalf of the Government, the construction of the facility involved.

§ 1001.360 Requests from foreign entities for information as to acquisition of production and sales rights to United States military end items.

(a) This section provides instructions for processing a request of a foreign entity for information concerning acquisition of production and sales rights to United States military end items.

(b) This section applies to AMC field procurement activities assigned prime class procurement, all major oversea commands, AMFPA, and AMFEA.

(c) It is AF policy to assist potential foreign producers of AF military end items to identify the United States qualified production sources. Whenever a foreign production source (either a friendly foreign government or a private entity of a friendly foreign government) requests information on the appropriate procedure to be followed in acquiring production or patent rights to an AF military end item, it is deemed essential that AF personnel provide a complete list of United States military department sources, together with addresses, as expeditiously as possible.

(d) AF personnel initially contacted by the foreign entity will assist the inquirer in identifying each AF item by stock number and nomenclature designation. In addition, the offshore unit will determine the AF activity which has procurement responsibility of each item and advise the inquirer to write directly to the director of procurement and production of that activity.

(e) Upon receiving such requests, the appropriate AF activity within the continental United States will:

(1) Secure a complete list of United States Military sources together with addresses presently on record at that activity for the item involved.

(2) Send this list directly to the foreign entity and advise the foreign potential producer to contact the United States source(s) direct. This letter will be substantially as follows:

Forwarded herewith according to your request is a list of United States military sources presently on record at this activity as United States manufacturer of

(Item)

Inasmuch as the ultimate decision insofar as patent rights and technical assistance arrangements are concerned, rests with the owner of the patents which may be involved and the United States producers of the item, no commitment is made on behalf of the United States Government.

If further information is desired, it is requested that the attached list be utilized for contacting the United States manufacturers direct.

(3) No other information will be released to a foreign entity without the approval and coordination of the local office of the staff judge advocate.

(f) At the same time the list is forwarded, each United States producer whose name has been included on the list will be advised of the inquiry. Since the ultimate decision, insofar as patent rights and technical assistance are concerned, rests with the owner of the patents which may be involved and the United States producer(s) of the item, no position will be taken in this respect and no commitments made on behalf of the United States Government. This letter will be substantially as follows:

It is the policy of the Department of the Air Force to assist potential foreign producers of Air Force military end items to identify the United States qualified production

sources.

Pursuant to this policy your company's name has been forwarded to

according

(Foreign entity's name and address) to their request as a producer of

(Item description)

Inasmuch as the ultimate decision, insofar as patent rights and technical assistance arrangements are concerned, rests with the owner of the patents which may be involved and the United States producers of the items, no commitments can be or were made on behalf of the United States Government.

No further action on this matter will be taken by this activity. However, it is hoped that the Air Force has been of some assistance to you in establishing contact between your own concern and a potential foreign source of

(Item)

(g) If a request is received from a foreign entity which contemplates production in other than a friendly country or if the AF item is classified, the request will be referred with recommendations to Hq USAF (AFMPP).

(h) The AF policy is to lend every assistance in identifying the interested parties and to aid United States private - entities in processing an application to - the United States Department of State or Commerce for export license or approval of a contemplated production and sales program abroad. The procedures ✓ outlined in this section afford the Department of the Air Force ample opportunity at Hq USAF to make recommendations to the Department of Defense which, after review, forwards the Department of Defense recommendations to the Department of State. The Department of State is the established and solely authorized United States Government instrumentality for final determination in respect to release of United States military end items for production and sale outside the continental United States by foreign entities.

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(b) During the present shortage of medical personnel, all practical means should be employed to reduce the workload of the medical departments of the services and to make the most efficient use of available personnel. Accordingly, in negotiating such contracts, it is requested that all procurement authorities in the military departments be instructed to avoid conditions which would place upon the services the responsibility of providing medical and dental care and hospitalization for contractor's employees; except when isolation and lack of civilian facilities for hospitalization or economic advantage to the Government become overriding factors of importance.

(c) This policy does not apply to preventive medical functions overseas, which remains the responsibility of the military departments.

§ 1001.362 Industrial type music.

Contracts for industrial (incentive) type music are unauthorized since there exists no general authority for expenditures of this type in the absence of more specific legislative authorization therefor (MS Comp. Gen. B86148, Nov. 8, 1950). Contracting officers will return purchase requests for industrial type music to the initiator with the advice that contracts for such music are unauthorized.

§ 1001.363 Responsibility of procurement officers to question require

ments.

Whenever a request is received to procure items that require development, and it can be reasonably ascertained that suitable commercial items are available, which essentially meet the requirements, the procurement of such development items shall not be made until the matter is resolved by the principal staff officer responsible for the requiring activity and the Director of Procurement and Production of the procuring activity. [27 F.R. 9914, Oct. 9, 1962]

Subpart D-Procurement Responsibility and Authority

§ 1001.400 Scope of subpart.

This subpart deals with (a) procurement responsibility and authority of the Commander, AMC, (b) designation and authority of contracting officers and their representatives, and (c) delegations of procurement authority.

[27 F.R. 1610, Feb. 21, 1962]

Page 27

§ 1001.401 Responsibility of each procuring activity.

(a) The Commander, Air Materiel Command, as sole "head of a procuring activity," is responsible for the procurement of supplies and services assigned to the procurement cognizance of the Department of the Air Force, except for the supplies and services assigned to the procurement cognizance of a jointlystaffed and financed procuring activity established under the provisions of Part 5, Chapter I, of this title. This responsibility includes the authority to issue appropriate delegations of authority, to impose limitations upon the authority delegated, and to require such business clearance and approval as he may prescribe in procuring activity instructions (Air Force Procurement Instruction). This responsibility and authority extends over all activities of the Air Force, including oversea commands, air attachés, and AF foreign missions.

(b) Except as specifically limited or prohibited herein, by Subchapter A, Chapter I, of this title, or by law, the authorities vested in the heads of procuring activities by Subchapter A, Chapter I, of this title, or in the Commander, AMC, by this subchapter may be delegated and redelegated.

(c) See § 1001.454 on designation of contracting officers.

[26 F.R. 12330, Dec. 27, 1961, as amended at 27 F.R. 1610, Feb. 21, 1962]

§ 1001.402 General authority of contracting officers.

(a) According to the provisions of Subchapter A, Chapter I, of this title and this subchapter, any contracting officer is hereby authorized to enter into contracts on approved forms for supplies and services on behalf of the Government and in the name of the United States of America, whether by formal advertising or by negotiation. Unless otherwise specifically provided, the words "the contracting officer" when used in Subchapter A, Chapter I of this title, this subchapter, or in any contract, supplemental agreement, or change order, are construed to include any contracting officer, acting within the scope of the written orders designating him a contracting officer, his duly designated successor, or authorized representative. Purchases will be made only by individuals duly designated as contracting officers, except (1) petty cash purchases, which will be made according to

§ 1003.604 of this chapter, (2) emergency purchases of fuel, oil, repairs, etc., which will be made according to AFR 67-24 (USAF Invoice-AF Form 15 and Invoice Envelope-AF Form 15A) and AFM 77-1 (Administration, Operation and Management of Motor Vehicles) and (3) emergency purchases of medical supplies and equipment, which will be made by the medical officer, followed by the issuance of a confirmatory purchase order by the contracting officer.

(b) The contracting officer has only such powers as are given him by delegations of authority and the instrument by which he was designated. Acts exceeding those powers do not bind the Government. By reason of the situation, the contracting officer may be personally liable for acts in excess of his authority. Base commanders and others having administrative supervision over contracting officers will bear this in mind 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 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.

(c) There have been cases where per sonnel other than contracting officers have issued oral orders to contractors which resulted in the contractors performing work not in accord with their contractual obligations and often at added expense to the contractors. Commanders will emphasize to personnel under their jurisdiction that only contracting officers are authorized to commit the Air Force in dealing with contractors.

(d) Contracting officers must comply with all requirements of applicable laws and regulations in exercising their contractual authority.

(e) Contracting officers will neither act as nor perform the duties of a contracting officer with respect to any contractual instrument obligating only nonappropriated funds. However, contracting officers may act in an advisory capacity with respect to the aforementioned instruments. In connection with a construction contract which will be paid for with a combination of appropriated and nonappropriated funds, the entire procurement will be accomplished in the same manner as an appropriated funds procurement except that prior to award, the contracting officer will insure that nonappropriated funds sufficient to cover the nonappropriated portion of the procurement have been deposited with the AF accounting and finance officer who will be designated to make payment under the contract.

[26 F.R. 12330, Dec. 27, 1961, as amended at 27 F.R. 9914, Oct. 9, 1962]

§ 1001.403 Requirements to be met before entering into contracts.

See Parts 1002, 1003, 1053, and § 1030.5 of this chapter.

[27 F.R. 1610, Feb. 21, 1962]

§ 1001.404 Special requirements to be met before entering into negotiated

contracts.

See Parts 1001, 1002, 1053, and § 1030.5 of this chapter.

[27 F.R. 1610, Feb. 21, 1962]

§ 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 Chief of Staff, USAF, through the Deputy Chief of Staff, Materiel.

§ 1001.451 Representatives of contracting officers.

(a) The designating authority (see § 1001.454) may designate, according to § 1001.452, any officer (including warrant officer) or civilian official, or any airman who is classified either a Procurement Superintendent (65190), Procurement Supervisor (65170), or a Procurement Specialist (65150) and whose primary duty is in the contracting office, to act as representative of the contracting officer or his duly designated successor.

(b) A designation so authorized will be made by written instructions referring to particular contractual instruments or classes of instruments, and may, to the extent not specifically prohibited by the terms of the contractual instrument involved, empower the representative to take any or all action thereunder which could lawfully be taken by the contract

ing officer. A representative by virtue only of his designation as such will not be empowered to execute any contract or supplemental agreement on behalf of the United States.

(c) A person assigned to and performing his primary duty within a procurement office, who is operating in the capacity of a buyer (i.e., soliciting quotations, opening RFP's, negotiating with contractors, placing calls against Blanket Purchase Agreements (§3.606-2(a) of this title), etc.) does not require a written warrant designating him a representative of the contracting officer. Such a person is considered to be in effect an employee of the contracting officer, acting in his behalf and as such has the inherent authority to perform the acts enumerated above.

(d) This section will not be interpreted as prohibiting the designation in a contract of a Government agency or position (by title but not an individual by name) to perform specified functions under the contract. Persons acting pursuant to such contractual provisions are not considered representatives of the contracting officer within the meaning thereof.

§ 1001.452 Designation of contracting officers and representatives of contracting officers.

To maintain a high degree of efficiency and effect the most economical management and organization of base procurement activities, AF policy is to centralize all functions of purchasing and contracting, in a consolidated office at all AF installations authorized to make base procurement from appropriated funds.

§ 1001.453 Delegations of authority.

(a) The exercise of the delegated authorities will be subject to the applicable provisions of Chapter I of this title, this chapter, and other directives issued by proper authority, except that emergency procurements in combat areas will be accomplished in the manner prescribed by the commander of the combat theatre. The provisions of Chapter I of this title and this chapter apply to procurement in oversea areas for Government and Relief in Occupied Areas (GARIOA) chargeable to annual appropriations for such purposes.

(b) 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.

(c) 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.

(d) Authorities delegated by the Director of Procurement and Production, Hq AMC, may not be redelegated except as expressly provided in individual authorizations.

(e) 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.

(f) Procurement authorities vested in commanders, major air commands, are likewise vested in the Commander, Military Air Transport Service. Procurement authorities vested in commanders, oversea commands are likewise vested in the Commander, Military Air Transport Service, and the Commander-inChief, Strategic Air Command, with respect to areas outside the continental United States and not within the jurisdiction of a major air command.

(g) [Reserved]

(h) 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 oссируing 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 accompanied by the person occupying the position to which authority has been delegated.

(i) 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.

(j) In the event that a person acts without the requisite authority, his actions may, under certain circumstances, be later ratified. When such ratification is proposed, review and approval of the proposed ratification should be obtained from the appropriate Staff Judge Advocate.

(k) Authority to make awards and execute or approve contracts applies only when such documents include all prescribed clauses approved for use by Director of Procurement and Production, Hq AMC, or higher authority.

(1) When contracting authority is limited as to dollar amount, the limitation includes:

(1) Any contractual instrument initially involving a sum in excess of the dollar limitation considering the aggregate of obligated and committed funds and any potential "connecting charges" or "termination liability" established therein.

(2) Contracts firmly negotiated for the total cost of the program, as stated therein, but which are funded for less than the total cost of the program as firmly negotiated.

(3) Requirements and indefinite quantity contracts as defined in § 3.409 of this title and § 1003.409 of this subchapter and call procurement arrangements as defined in § 1003.409-50 of this subchapter when maximum requirements are set forth (in such cases the maximum requirements will be contained in the call procurement arrangements as the estimated dollar amount of supplies or services to be procured during the contract period), even though no funds are committed or obligated thereby.

(4) Any contractual instrument in excess of the dollar limitation that increases the allotment of funds for reimbursement under a cost-reimbursement or time-and-materials type of contract.

(5) Any contractual instrument, regardless of total contract consideration, which accomplishes a change that would increase the cost to the Government by more than the dollar limitation were there not offsetting credits provided in the same contractual instrument.

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