(b) The procurement staff officer within the DCS/materiel or equivalent staff office of the respective major air command or the procurement staff office designated by the individual responsible for ratification at the AFLC or AFSC activity, will review the file, obtain any additional evidence required including approval as to legal sufficiency by the staff judge advocate, and prepare a recommendation as to whether the transaction should be ratified stating reasons therefor. Advice against ratification will include a recommendation as to whether the matter should be processed under Part 17 of this title (Public Law 85804) or as a GAO claim. The complete file will be forwarded to the individual responsible for ratification as indicated in this subparagraph.

(c) When the complete file is received by the individual responsible for ratification, he may ratify if he deems it in the best interest of the Government. However, no transaction will be ratified that would not otherwise have been valid if made by a properly authorized contracting officer.

(d) The individuals responsible for ratification in the major air commands (other than AFSC), and AFLC activities will advise AFLC (MCPP), and the commanders of AFSC activities will advise AFSC (SCKP), of each transaction submitted for review under this subparagraph (1), indicating whether or not the transaction was ratified. This written notification should identify the base involved, the commodity or service procured, and the dollar amount of the transaction.

Com

(2) Purchases involving more than $2,500 made by persons to whom requisite authority has not been delegated may be ratified only by the Director of Procurement and Production, Hq AFLC, or the Deputy Chief of Staff, Procurement and Production, Hq AFSC. manders will cause to be prepared the material and information required by subparagraph (1) of this paragraph and forwarded to AFLC (MCPKA), and/or AFSC (SCKP), as appropriate. All such transactions must be reviewed by the Staff Judge Advocate, Hq AFLC or Hq AFSC, as appropriate.

(3) Transactions which have been ratified will be forwarded to the appropriate contracting office for issuance of a purchase order or contract for payment purposes, citing 10 U.S.C. 2304 (a) (3) if $2,500 or less, 10 U.S.C. 2304(a)

(10) if more than $2,500, or other negotiation authority, if appropriate.

(4) Contracting officers do not have the authority to ratify unauthorized acts (subparagraph (1) of this paragraph).

(k) Authority to make awards and execute or approve contracts applies only when such documents include all prescribed clauses approved for use by the Deputy Chief of Staff, Procurement and Production, Hq AFSC, or the Director of Procurement and Production, Hq AFLC, 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 call procurement arrangements as defined in § 1003.410-3 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. Such contracts are required to include on their face as an administrative recital a bona fide estimate of such aggregate amount.

(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.

(6) Except as otherwise authorized, any supplemental agreement defining contract change notifications when the contract change notifications being definitized accomplishes a change which increased the cost to the Government by

more than the dollar limitation regardless of whether there are offsetting credits provided in the same supplemental agreement.

(7) Utility contracts-the estimated annual service charge plus the connection or termination charge, if any.

(m) When contracting authority is limited as to dollar amount, the limitation does not include:

which

(1) Contractual instruments do no more than commit funds for engineering changes or provisioning items, whether or not there was any previous commitment for such items.

(2) Contractual instruments increasing fund obligations under partially funded contracts (see paragraph (1) (1) and (2) of this section) when not exceeding the firmly negotiated total cost of the program as stated in the prime contract.

(3) Contractual instruments obligating funds covering calls issued under terms of requirements contracts (§ 3.4092 of this title), indefinite quantity contracts (§ 3.409-3 of this title), or call procurement arrangements (§ 1003.410-3 of this subchapter), except as provided in § 1001.405-1(a).

(4) Contract change notifications issued according to Subpart C, Part 1054 of this subchapter.

(5) Contractual instruments which obligate funds for provisioning items where the approved contract contained an item for provisioning spares, ground handling and support equipment, etc.

(6) Communication Service Authorizations (CSA).

(7) Blanket Purchase Agreements as set forth in § 3.605 of this title and § 1003.605-3 of this subchapter.

(n) Authorities vested in chiefs of AF foreign missions are likewise vested in AF sections of joint military missions.

(0) Requirements aggregating more than the dollar amount of the contracting authority delegated will not be broken down into more than one purchase transaction for the purpose of avoiding authority limitations.

(p) Authorities vested in Deputy Directors of Procurement and Production are likewise vested in Technical Associates performing procurement and production functions at comparable level.

[27 F.R. 1610, Feb. 21, 1962, as amended at 27 F.R. 11760, Nov. 29, 1962; 28 F.R. 3385, Apr. 6, 1963; 28 F.R. 9690, Sept. 5, 1963; 29 F.R. 1681, Feb. 4, 1964; 29 F.R. 5789, May 1,

The delegation referenced in this section is a general one, and all other existing or future delegations, regulations, or directives issued by competent authority, to the extent to which they would, expressly or by reasonable implication, limit the scope of or impose conditions or restrictions upon the exercise of the general authorities cited in delegation instruments, will be controlling over it. This includes authority to enter into, execute and approve contracts.

(a) No implementation.

(b) AFLC authority. This authority has been redelegated by Commander of AFLC to the Director, Deputy Director, and Assistant to the Director of Procurement and Production, HQ AFLC, and to all commanders of major commands (only base procurement for AFSC), air materiel areas, procurement regions, 2750 Air Base Wing, 2802 Inertial Guidance and Calibration Group, USAF Air Attaches, and USAF Missions.

(c) AFSC authority. This authority has been redelegated by the Commander, HQ AFSC, to the Deputy Chief of Staff, Procurement and Production, and the Assistant Deputy Chief of Staff, Procurement and Production, HQ AFSC, and further redelegated to commanders and vice commanders of AFSC divisions, centers, and the Office of Aerospace Research with power of redelegation. [31 F.R. 13215, Oct. 13, 1966]

§ 1001.456 Designation of heads of procuring activities.

(a) Commanders of AFLC and AFSC are each designated as "a head of a procuring activity" within the Department of the Air Force. The Director of Procurement and Production, Hq AFLC, and the DCS/Procurement and Production, Hq AFSC, have been authorized to act for their respective commanders in exercising Chapter I of this title prescribed responsibilities vested only in the "head of a procuring activity." This authority is not applicable to Part 17, Subchapter A of this title, Extraordinary Contractual Actions to Facilitate the National Defense.

(b) The persons listed in this paragraph are authorized to act in the capacity of a head of a procuring activity when

a specific Armed Services Procurement Regulation gives the authority to "a head of a procuring activity or his designee." In the absence of the words "or his designee" the authority is not redelegated and can be exercised only at Hq AFSC or Hq AFLC.

(1) Commanders of major commands with power of redelegation not below the level of a staff officer responsible for procurement within the headquarters of the first echelon of command immediately subordinate to the major command.

(2) Commanders of AFLC Air Materiel Areas, APRE, APRFE, and 2750th Air Base Wing with power of redelegation to Directors of Procurement and Production in AFLC AMAS, APRE, and APRFE, and in the 2750th Air Base Wing to the Director of Procurement, with further power of redelegation to a level higher than the contracting officer, except for those citations specifically set forth in this subparagraph which will be retained at Director level:

(1) Section 1.1007 of this title. (ii) Section 7.103-24 of this title. (iii) Section 7.302-27 of this title. (iv) Section 7.503-9 of this title. (v) Section 9.202-2(g) of this title. (vi) Section 30.2, B-304.1 of this title.

The authority of § 1.405 of this title is not redelegable below the Commander and Deputy Commander because of the delegation cited in § 1001.405.

(3) Air attaches and chiefs of AF foreign missions.

(4) Commanders of AFSC divisions, centers or ranges, with authority for redelegation no lower than the chief of the procurement and production activity.

NOTE: The delegations of procurement authority in this section are not applicable to cases under § 1.328 of this title. [32 F.R. 8143, June 7, 1967]

§ 1001.460 Priorities authority; DO and DX ratings, allotments, and rescheduling deliveries.

(a) The authority as described in this paragraph has been delegated to the Commander, AFLC (subparagraph (3) (1) through (iii) of this paragraph only) and to the Commander, AFSC with respect to: (1) DO rating program, (2) DX rating program for contracts and orders identifiable to programs of the highest national priority, and (3) allotting and rescheduling deliveries. These authorities are to be exercised within

the limits of such allocation determinations or other quantitative restrictions as may be established from time to time by proper authority (see § 1.307 of this title). Each person who redelegates the authority will maintain a record of such redelegation and limits placed thereon.

(i) Authority to apply or assign the right to apply DO and DX ratings to contracts and delivery orders to meet DOD programs authorized for priorities support by the Office of Emergency Planning (OFP) or designated by OEP as eligible for priorities support through the Department of Defense.

(ii) Authority to assign the right to apply DO and DX ratings to certain prime or subcontractors on orders for delivery of production equipment specifically required to support authorized programs of the Department of Defense or of such other specifically designated programs.

(iii) Authority to assign the right to apply DO and DX ratings to certain contractors on orders for delivery of construction equipment for use on construction in Alaska, Hawaii, or outside the United States.

(iv) Authority to make allotments of controlled materials and to apply or assign to others the right to apply allotment numbers to ratable contracts and delivery orders within the allotment jurisdiction of the Department of Defense.

(v) Reschedule deliveries of materials which are required in support of the Aircraft (A1) program and the AF portion of the Missiles (A2) program. Such authority is limited to rescheduling deliveries on rated orders or authorized controlled materials orders which: (a) Bear the designated program identifications, and (b) were issued by or pursuant to the authority of the delegate, or, if not, that the rescheduling is requested or concurred in by the department or associated agency under whose authority they were issued. Rescheduling of delivery may be directed only if it requires no change in the production schedule of the person making the delivery.

(vi) Administer the DMS Audit Program of Selected Airframe and Aircraft Component Plants assigned to DOD under the Department of Defense-Department of Commerce Interagency Compliance Agreement.

(b) The Commander, AFLC and the Commander, AFSC have redelegated

through their respective procurement (and production) directors the authority described in paragraph (a) (3) (1) through (iii) of this section to and through successive echelons of command to all contracting officers of the Air Force, including procuring and administrative contracting officers.

(c) Authorities described in paragraph (a) (3) (iv) through (vi) of this section have been redelegated by the Commander, AFSC to the Deputy Chief of Staff (DCS) and Assistant DCS of Procurement and Production, Hq AFSC, with power of redelegation. The AFSC DCS of Procurement and Production has redelegated these authorities to the Director/Deputy Director of Production (SCKM) and the Chief/Deputy Chief of the Industrial Materials Division (SCKMJ).

[27 F.R. 1611, Feb. 21, 1962, as amended at 28 F.R. 2792, Mar. 21, 1963; 28 F.R. 14315, Dec. 27, 1963; 30 F.R. 1775, Feb. 9, 1965]

§ 1001.461 Contracts for public utility services extending beyond current fiscal year.

(a) Contracts for power, gas, and water. (1) The Commander, AFLC, has been authorized to enter into contracts for public utility services (power, gas, water) for periods extending beyond the current fiscal year but not exceeding 10 years, under one or more of the following circumstances:

(i) Where there are obtained lower rates, larger discounts, or more favorable conditions of service than those available under contracts the firm term of which would not extend beyond a current fiscal year.

(ii) Where connection or special facility charges payable under contracts the firm term of which would extend beyond a current fiscal year are eliminated or reduced.

(iii) The utility refuses to render the desired service except under a contract the firm term of which extends beyond a current fiscal year. The authority will be exercised according to the applicable provisions of the "Statement of Areas of Understanding Between the Department of Defense and General Services Administration-Procurement of Utility Services" (AF Bulletin 53, Dec. 19, 1950, sec. III). The authority is also subject to the administrative procedures for review of contracts contained in AFR 91-5 (Utility Services).

(2) The authority of the Commander, AFLC, as described in subparagraph (1) of this paragraph has been delegated to the persons listed below:

(i) The Director and Deputy Director of Procurement and Production, HQ AFLC, with power of redelegation.

U.S.

(ii) The Commander-in-Chief, Air Forces in Europe, with power of redelegation to the Director of Procurement and Production, without power of redelegation.

(3) The statute authorizing definite term utility service contracts for periods not exceeding 10 years is 40 U.S.C. 481 (a) (3). The statute as well as 10 U.S.C. 2304(a) (10) will be cited on all definite term utility service contracts extending beyond the current fiscal year.

NOTE: Indefinite term utility service contracts as contemplated in Subpart KK, Part 1007 of this chapter (which are in effect until terminated) do not impose any obligation on the Government except as the service is actually used therefore, do not come within the purview of this paragraph. Such contracts will be approved pursuant to § 1001.455 and § 1007.3706 of this chapter and will cite only 10 U.S.C. 2304(a) (10) as statutory authority.

(b) Contracts for communication services. (1) The Commander, AFLC, has been authorized to enter into contracts for communication services for periods extending beyond the current fiscal year but not to exceed 10 years, under one or more of the following circumstances.

(i) When services are obtained from communication common carrier whose rates are regulated by a Federal, State, or other public regulatory body;

(ii) Where the services are obtained by competitive means from other than communication carriers and;

(a) Where there are obtained lower rates, larger discounts, or more favorable conditions of service than those available under contracts the firm term of which would not extend beyond a current fiscal year.

(b) Where nonrecurring or termination charges payable under contracts the firm term of which would not extend beyond a current fiscal year are eliminated or reduced.

(iii) The termination liability incurred by the contract, when added to the cumulative termination liabilities of existing contracts does not exceed the termination liability ceilings imposed by

public law or departmental administrative procedures.

(2) The authority of the Commander, AFLC, as described in subparagraph (1) of this paragraph has been delegated to the persons listed below:

(i) The Director and Deputy Director of Procurement and Production, HQ AFLC, with power of redelegation.

(ii) Commanders Air Force Communication Service and Air Procurement Region, European and Commander-inChief, U.S. Air Forces in Europe, with respect to leased private line services and leased tactical on-base communication services, with power of redelegation.

(iii) Commanders of major commands and commanders of air materiel areas, with respect to miscellaneous base services and facilities, may redelegate to contracting officers of subordinate functions that portion of the above authority involving the procurement of miscellaneous base services and facilities under indefinite delivery contracts issued by AMAS or GSA.

(iv) Commanders of air materiel areas with respect to (a) initial installations and major modification of base support leased facilities, and (b) miscellaneous base services and facilities in support of the responsibilities and mission of GEEIA in accordance with AFLCR 2317, with power of redelegation to directors of procurement and production of such air materiel areas, but without power of redelegation to GEEIA.

(v) Commander, Ground Electronics Engineering Installation Agency (GEEIA), with respect to issuing Communication Service Authorizations (CSA) only, with power of redelegation to the commanders of GEEIA regions. [32 F.R. 16036, Nov. 22, 1967]

§ 1001.464 Delegation to Commander, Air Training Command.

Authority for procurement of services for primary pilot training has been delegated to the Commander, ATC, by Director of Procurement and Production, HQ AMC (redesignated AFLC). 131 F.R. 13216, Oct. 13, 1966]

§ 1001.466 Participation by airlines representatives in flights of commercially adaptable military aircraft.

(a) Requests of contractors to permit participation by representatives of domestic or foreign commercial airlines, for demonstration purposes, in flights of commercially adaptable military air

craft will be reviewed on an individual basis only when submitted in writing through the military representative responsible for local administration of the production contract.

(b) Authority to act on these requests is delegated to the Commanders AFSC and AFLC, provided:

(1) No classified military information is revealed or discussed.

(2) Adequate measures are taken to indemnify the Government against any liability to personnel to whom the aircraft is being demonstrated.

(3) The proposed demonstration is limited to normal production test flights conducted by the contractor's test pilots in connection with contract performance prior to acceptance of the aircraft by the Government.

(4) No additional cost will accrue to the Government because of the demonstration.

(c) The authority described in paragraph (b) of this section is delegated to the Director and Deputy Director of Procurement, Hq AFSC, and the Director and Deputy Director of Procurement and Production, Hq AFLC, without power of redelegation. The authority will be exercised on an individual basis only on contractors' requests submitted in writing through the AF representative responsible for local administration of the production contract. [28 F.R. 8143, Aug. 8, 1963]

Subpart E-Contingent or Other Fees

SOURCE: The provisions of this Subpart E appear at 31 F.R. 2684, Feb. 12, 1966, unless otherwise noted.

§ 1001.508 § 1001.508-2

Enforcement.

Failure or refusal to furnish Standard Form 119.

Within the Air Force, the Designees of the Head of the Procuring Activity who are to take appropriate action according to § 1.508-2 of this title, are as follows:

(a) AFSC systems divisions by those persons designated by the Commander.

(b) AFLC central procurement activities by directors or deputy directors of procurement and production.

(c) Base procurement activities, by the chief, base procurement contracting office.

(d) Hq AFSC, by those persons designated by Director of Procurement, Hq AFSC.