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: (i) DD Forms 746 and 746-1 have been issued, and the award is to be made by means of DD Form 746-2, (ii) Invitations for Bids have been issued, or (iii) bilateral contractual documents have been submitted to the contractors and introduction of the new revised clause may delay the procurement.

or

[28 F.R. 2791, Mar. 21, 1963]

§ 1001.109 Deviations from

ASPR, AFPI and Department of Defense publications covering procurement. [28 F.R. 8141, Aug. 8, 1963]

§ 1001.109-1 Applicability.

The privilege given by § 1.109-1 (a) of this title to off-shore contracting activities to deviate from ASPR contract clauses is hereby extended on the same terms to the same contracting activities with respect to AFPI clauses. Off-shore contracting activities will furnish the Procurement Committee (MCPC), Hq AFLC and the Procurement Committee (SCK-3) Hq AFSC, one copy of each nonstandard clause used by them pursuant to the authority of this section. [28 F.R. 8141, Aug. 8, 1963]

§ 1001.109-2 ASPR deviations affecting one 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 (SCK-3) to Hq USAF (AFSPP

in subparagraph (1) of this paragraph, will be sent through the AFLC Procurement Committee (MCPC) to Hq USAF (AFSPP-S).

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.

[27 F.R. 9913, Oct. 9, 1962, as amended at 28 F.R. 8141, Aug. 8, 1963]

§ 1001.109-3 ASPR deviations affecting more than one contract or contractor. Deviations which affect more than one contract or contractor will be processed to Hq USAF (AFSPP-S), in the same manner as prescribed in § 1001.109-2(b). The Hq USAF Responsible Office for the section, subpart or part of 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 (AFSPP-S), for presentation to the ASPR Committee.

[28 F.R. 8141, Aug. 8, 1963] § 1001.109-4

Deviations required by Government-to-Government

ments.

agree.

(a) Deviations from this subchapter may be made only by the Procurement Committee (MCPC), Hq AFLC, or the Procurement Committee (SCK-3), Hq AFSC. Deviations which would involve major policy questions will be made only after coordination with the Directorate of Procurement Management, Hq USAF. Deviations from Part 1003, Subpart F of this subchapter, which affect funding or payment will be made only after coordination with the Directorate of Accounting and Finance, Hq USAF.

(b) Requests for authority to deviate from AFPI will include complete justifi

cation and will be forwarded (in triplicate) through channels as follows: AFSC and OAR activities to AFSC (SCK-3); all other activities to AFLC (MCPC). However, before approval of any request for deviation by AFSC or OAR base procurement activities, SCK-3 will coordinate the proposed action with MCPC.

(c) A record of each deviation from AFPI or AFPCS will be maintained by the respective offices which approved the deviation, including the reasons why a deviation was necessary. One copy of each deviation granted by one command will be furnished to the other command as information.

[29 F.R. 17037, Dec. 12, 1964]

§ 1001.109-51 clauses.

Deviations, contract

(a) Deviations from clauses prescribed in Subchapter A, Chapter 1 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. Deviations from §§ 1004.2002 (a) and 1007.3603, Part I(c) of this subchapter may be approved only at Secretarial level of the Air Force.

(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 a collateral provision which has the effect of altering a prescribed clause or changing its application.

(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 section number in Subchapter A, Chapter I of this title or this subchapter from which deviation is requested.

(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.

[27 F.R. 9913, Oct. 9, 1962, as amended at 28 F.R. 8141, Aug. 8, 1963; 29 F.R. 8061, June 26, 1964]

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.

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

§ 1001.111-2 Noncompetitive practices.

Reports of noncompetitive practices will be forwarded through channels, including AFLC (MCJMF) to Deputy Chief of Staff, Systems and Logistics, DCS/ S&L, Hq USAF, for submission to the Secretary.

[29 F.R. 4094, Mar. 28, 1964, as amended at 29 F.R. 17038, Dec. 12, 1964]

activities,

AFLC field procurement APRE, and Air Defense Command will not use Change Orders (DD Forms 1319) when the criteria of § 1001.201-50 and Subpart C, Part 1054 of this subchapter, concerning Contract Change Notifications (AFPI Forms 35) are applicable. This restriction applies only to central procurement activities.

[29 F.R. 8061, June 25, 1964, as amended at 29 F.R. 15078, Nov. 7, 1964]

§ 1001.201-18 Sources of supplies.

(a) The following definition applies to contracts for supplies which will be manufactured and furnished outside the United States, its possessions, and Puerto Rico. The term "sources of supplies" includes:

(1) Manufacturers.

(2) Construction contractors.

(3) Regular dealers in the supplies to be procured as defined in § 12.603-2 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; receiving, storing, repacking, and reshipping of items being procured; 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 preparing 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 possessions, or Puerto Rico.

(iii) Agencies or instrumentalities of a foreign government.

[29 F.R. 8061, June 25, 1964, as amended at 29 F.R. 17038, Dec. 12, 1964] § 1001.201-50 cation.

Contract change notifi

A written order signed by a 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. CCNs will be used according to Subpart C, Part 1054 of this subchapter.

The process whereby parts, components, and subsystems and/or systems are isolated and listed for consideration of the method of procurement to be used for their acquisition. As a result of the breakout process, the items listed may then be acquired direct from the actual manufacturer or from industry on a competitive basis, where such method of procurement is technically and economically feasible and does not result in degradation of the items listed.

§ 1001.201-65 Procurement cycle.

The procurement cycle consists of a series of events, actions, and decisions leading to completion of a single procurement transaction or combination of related transactions. For overall management purposes the procurement cycle starts with the preparation of a plan to

fulfill the requirements of an objective and ends with the final retirement of the file. For operational purposes within the procurement function the cycle starts with receipt of an acceptable request for purchase action in the procuring activity and ends with completed contractual performance. For complex programs any procurement cycle may be divided into major phases of responsibility and further subdivided into milestones of progress leading to predetermined goals. Subpart C-General Policies

§ 1001.302 Sources of supplies. [27 F.R. 1602, Feb. 21, 1962]

§ 1001.302-3 Production and research and development pools.

(a) and (b) No implementation.

(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.

[27 F.R. 1602, Feb. 21, 1962, as amended at 29 F.R. 8062, June 25, 1964]

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

(a) through (c) No implementation. (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.

[27 F.R. 1603, Feb. 21, 1962 as amended at 29 F.R. 8062, June 25, 1964]

§ 1001.305 Time of delivery or performance.

[27 F.R. 1603, Feb. 21, 1962]

§ 1001.305-3 Terms.

(a) through (d) No implementation. (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 CMD, 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.

[27 F.R. 1603, Feb. 21, 1962, as amended at 29 F.R. 1836, Feb. 7, 1964; 29 F.R. 8062, June 25, 1964]

§ 1001.305-4

Time of delivery clauses.

(a) See paragraphs (d) and (e) of this section.

(b) The following clause may be inserted in Requests for Proposals where a particular time is necessary to meet the government's requirements and where flexibility is needed in the best interest of the Government. When this clause is used, the files will be documented to indicate the contracting officer's judgment, decision, and the reason therefor.

Time of delivery (). Delivery is required to be made in accordance with the following schedule: Item No.

Quantity

Time 1