(d) Where quantity, including economic reorder amounts appear inconsistent.

(e) Where addition or deletion of component improvement requirements appear desirable.

[28 F.R. 8142, Aug. 8, 1963]

§ 1001.365 Advance procurement planning.

(a) The primary purpose of advance procurement planning is to effect procurement on a competitive basis to the maximum practicable extent. The procurement of supplies and services competitively, particularly military items of a complex and specialized nature, depends largely upon the timeliness, extent, and effectiveness of prior planning toward such end.

(b) Advance procurement planning is the responsibility of Heads of Procuring Activities, the scope of such planning to vary with the complexity and dollar value of items concerned. Such planning is required of all procurements, except procurements of nonrecurring requirements; and procurements of recurring requirements wherein competition, type(s) of contract(s), and breakout, are optimum as determined by an individual exercising manual approval authority above the level of the contracting officer.

(c) Advance procurement planning will be initially accomplished as early as possible, preferably in conjunction with planning for requirements entering the development phase with appropriate revisions and up-dating to be processed as the development phase progresses and work statements and specifications become firmly established. Such planning will result in:

(1) The establishment of procurement objectives in terms of breakout, competitive procurement, and competition at the subcontract level.

(2) The establishment of specific milestones for receipt of approved specifications and adequate reprocurement data. (3) The establishment of specific milestones for time phasing from cost reimbursable type contracting to incentive and fixed-price type contracting where such action is desirable and feasible.

(d) Consideration will be given, but not limited to, the following factors on an item-by-item basis as applicable:

(1) Availability, or plans for timely acquisition of adequate procurement data. (2) Current and all future requirements.

(3) Identification and adequacy of organic technical capabilities and resources necessary to facilitate breakout and competition by performing or reviewing the functions of technical direction, design control, product improvement, qualification testing, and others.

(4) Administrative, production, and installation leadtime required, including availability of funds for advance procurement where available leadtime is insufficient for the introduction of breakout and competition or to further increase breakout and competition.

(5) Need to maintain continuous production to avoid impairment of qualitative and delivery requirements.

(6) Need for special capabilities or techniques required to produce the item.

(7) Need to perpetuate prime contractor control of an integral component or part of the system, subsystem, or equipment to assure system reliability. (8) Other factors applicable to specific cases.

(e) It will be necessary in the development of advance procurement planning to consider and evaluate information obtained from requirements, determination, programming, fiscal, engineering, production, supply, maintenance, contracting and administration sources. The advance procurement plan must be adequately coordinated so that reviewing and approving officials are satisfied that it represents a coordinated position. Any subsequent revisions of a major nature should return through the same review and approval cycle afforded the original plan.

(f) Advance procurement plans shall constitute a part of individual contract files. Information copies will be provided applicable System Program Offices (SPO) where the requirement concerned is a vital part of a system program. [28 F.R. 11064, Oct. 16, 1963, as amended at 29 F.R. 2845, Feb. 29, 1964]

§ 1001.366 Allegations concerning the competitive procurement program. (a) Where allegations are made that the Air Force Competitive Procurement Program has or will have the effect of degrading the quality and reliability of items procured competitively, such allegations will be thoroughly reviewed by the chief of the activity where the allegation was made. Where appropriate, investigations will be conducted to ascertain the facts.

(b) Where the facts appear to lend validity to the allegation, all pertinent information will be forwarded through command channels, including AFSC and OAR activities through AFSC (SCKP) and all other activities through AFLC (MCPA), to Hq USAF (AFSPPBA). The file should contain sufficient information of all the circumstances connected with the allegation. The file should also include complete identification of any regulations, policy, or procedures issued at DOD or Hq USAF level which may have led to the allegation. [29 F.R. 11591, Aug. 13, 1964]

Subpart D-Procurement Responsibility and Authority

§ 1001.400 Scope of subpart.

This subpart deals with (a) Procurement responsibility and authority of the Commanders, AFSC and AFLC; (b) designation and authority of contracting officers and their representatives, and (c) delegations of procurement authority. [29 F.R. 9764, July 21, 1964]

§ 1001.401

Responsibility of each procuring activity.

(a) The Commander, Air Force Logistics Command, as head of a procuring activity, is responsible for (1) Central procurement of supplies and services assigned to the procurement cognizance of AFLC, and (2) procurement of supplies and services assigned to major air commands. This responsibility includes the authority to issue delegations of authority, to impose limitations upon the authority delegated to require such approvals as may be prescribed in this subchapter, and maintain required surveillance over delegated procurement performance. This responsibility and authority extends over all activities of the Air Force (except AFSC and OAR as indicated in paragraph (b) of this section), including oversea commands, air attaches, and AF foreign missions.

(b) The Commander, Air Force Systems Command, as head of a procuring activity, is responsible for procurement of all (1) Systems, (2) research, development, test, and evaluation by AFSC and OAR, and (3) all supplies and services by AFSC and OAR, except for base procurement. This responsibility includes the authority to issue delegations of authority, to impose limitations upon the authority delegated to require such approvals as may be prescribed, and main

tain required surveillance over delegated procurement performance.

(c) Except as specifically limited or prohibited herein, by the ASPR or by law, the authorities vested in the Commanders AFLC and AFSC may be delegated and redelegated.

[29 F.R. 9765, July 21, 1964] § 1001.402

General authority of contracting officers.

(a) The authority to enter into contracts applies only to contracting officers The appointed pursuant to § 1001.454. acts of a contracting officer must be within the scope of the written orders designating him a contracting officer. Unless otherwise specifically provided, the words "the contracting officer" also means his duly designated successor. (Also see §1.201-3 of this title.)

(b) Purchases, contractual commitments, and changes to contracts will be made only by duly designated contracting officers. Technical personnel and others whose duties require contact, and discussions with contractors, will refrain from authorizing or directing changes in the work which may change the contractual terms or result in claims against the Government. However, purchases, contractual commitments, or changes made by persons not designated as contracting officers or purchases other than the exceptions listed below may, under certain circumstances, be ratified according to § 1001.453 (j). The following purchases are currently authorized to be made by other than contracting officers and need not be ratified:

(1) Petty cash purchases made according to § 3.604 of this title and § 1003.604 of this subchapter.

(2) Purchases of fuel, oil, repairs, etc., made according to AFR 67-24 (USAF Invoice-AF Form 15 and Invoice Envelope-AF Form 15A) and AFM 77-1 (Management of Administrative Use of Motor Vehicles).

(3) Emergency purchases of medical supplies and equipment made according to paragraph 10, chapter 16, volume V, AFM 67-1 (USAF Supply Manual), followed by the issuance of a confirmatory purchase order by the base procurement office or a cash purchase receipt by a cash purchasing officer.

(c) Commanders and others having administrative supervision over contracting officers will bear in mind that acts exceeding the delegated powers of the contracting officer do not bind the

Government 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.

(d) Contracting officers must comply with Chapter 137, Title 10 U.S.C.; Subchapter A, Chapter I of this title; this subchapter, and other laws and directives issued by proper authority.

(e) Unless assigned to another contracting officer for administration, the procuring contracting officer will administer his contracts to completion.

(f) The responsibility of contracting officers relative to sale contracts is set forth in AFM 67-1, volume VI, chapter 12.

(g) Except as provided in this section, contracting officers will neither act as, nor perform the duties of, a contracting officer with respect to any contractual instrument obligating only nonappropriated funds. Contracting officers may act in an advisory capacity with respect to such instruments. Contracting officers are authorized to enter into and execute contracts funded, either partially or completely, with nonappropriated funds for construction work and architect engineer (A&E) services. See § 1004.5000 of this subchapter for policies and procedures for construction and A&E contracts funded partially or completely with nonappropriated funds.

(h) Contracting officers will not be assigned additional duties which will interfere with their procurement duties.

[29 F.R. 9765, July 21, 1964, as amended at 29 F.R. 15121, Nov. 10, 1964, 29 F.R. 17038, Dec. 12, 1964]

§ 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 Deputy Chief of Staff,

33-611-65- -3

(a) The appointment of representatives of contracting officers will not be made unless it is determined that the duties of the individual cannot be performed by: (1) Appointment as a limited contracting officer, or (2) designation of a government agency or position in the contractual document as authorized by paragraph (c) of this section.

(b) The designating authority (see § 1001.454) may designate any officer, warrant officer, civilian, or noncommissioned officer to act as representative of a contracting officer or his duly designated successor. The written designation will contain specific instructions as to the extent to which the representative may take action for the contracting officer but will not contain authority to sign contractual documents.

(c) A government agency or position (by title but not an individual by name) may be designated in the contractual document to perform specific functions under the contract. Such functions may include inspection, approval of shop drawings, testing, approval of samples, scheduling and signing work orders or equipment orders, determining number of hours for a job, and other functions of a technical nature not involving a change to the scope, price, terms, or conditions of the basic contract or order. The responsibilities and limitations of the agency or position will be set forth in the contract or in a separate letter. If a letter is used a copy will be furnished the contractor. The contracting officer will monitor the actions of the designated agency or position to insure that they do not exceed assigned functions. The functions assigned will not violate policies (e.g., base procurement centralization policy prescribed in §§ 1001.402, 1001.452, and 1003.653 of this subchapter) which reserve certain actions or authorities to contracting officers or which require approval prior to placing the authority or procedure in effect.

(d) A person assigned to and performing his primary duty within a procurement office, and who is under the supervision of a contracting officer, does not require designation as a representative nor designation in a contractual

document to perform his assigned duties. Such a person is considered to be an employee of the contracting officer, acting in his behalf and as such has the inherent authority to perform acts as assigned by the contracting officer. The contracting officer cannot authorize his employees to sign any contractual document or letter where the signature of a contracting officer is required.

[29 F.R. 9565, July 21, 1964, as amended at 29 F.R. 15257, Nov. 13, 1964]

§ 1001.452 Designation of contracting officers (See § 1001.454).

The base procurement function will be consolidated under one office at all bases and activities. Authorized exceptions to this policy are §§ 1004.2102(a) and 1004.2103 of this subchapter. [29 F.R. 9765, July 21, 1964]

§ 1001.453 Delegations of authority.

Delegations of authority with respect to procurement are described in subsequent sections of this subpart. In addition to limitations and conditions applicable to individual delegations and included therewith, the provisions of the paragraphs set forth in this section apply to all delegations of procurement authority and are published in this section to eliminate their repetition.

(a) The exercise of the delegated authorities will be subject to the applicable provisions of Chapter I of this title, this subchapter, and other directives issued by proper authority, except that emergency procurements in combat areas or areas subject to hostile fire will be accomplished in the manner prescribed by the commander of the combat theatre or by the commander of the major air command responsible for logistic support of AF units involved. The provisions of Chapter I of this title and this subchapter 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 Deputy Chief of Staff, Procurement and Production, Hq AFSC, and the Director of Procurement and Production, Hq AFLC, may not be redelegated except as expressly provided in individual authorizations.

(e) Delegations of authority to air attachés may be exercised only by air attachés 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 occupying 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 accomplished 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 re

viewed by competent persons prior to manual approval.

(j) In the event that a person acts without the requisite authority, his action may, under certain circumstances, be later ratified.

(1) Purchases involving $2,500 or less, made by persons to whom requisite authority has not been delegated, may be ratified in the case of persons under the jurisdiction of (i) the major air commands (other than AFLC and AFSC) by the commander of the respective major air command with power of redelegation to the DCS/materiel or comparable office within the major air command headquarters, and (ii) AFLC and AFSC by the commanders of the first echelon of command immediately subordinate to Hq AFLC and AFSC. such transaction will be submitted for review and possible ratification according to the following procedures:

Each

(a) A statement of all pertinent facts of the transaction, accompanied by a file of all relevant documents and records, will be forwarded (over the signature of the base commander or officer who has command over the installation in which the unauthorized act occurred) to the DCS/materiel or equivalent staff office of the respective major air command or to the AFLC or AFSC activity delegated the ratification authority. Cases involving tenant organizations will be forwarded to the major air command to which the tenant is assigned. The statement will include description of any disciplinary action taken or an explanation why none was considered necessary and a description of action taken to prevent recurrence of the unauthorized act. In the case of tenant organizations or nontenant individual not under the jurisdiction of the installation commander, a statement pertaining to disciplinary action will be furnished by the appropriate commander. The individual having committed the unauthorized act will be responsible for furnishing to the contracting officer all the pertinent facts, records, and documentation concerning the transaction. The contracting officer will be responsible for: (1) Reviewing and determining adequacy of all facts, records, and documentation furnished; (2) preparing the statement of facts; and (3) obtaining approval as to legal sufficiency from the local staff judge advocate as to whether the transaction is ratifiable or whether the matter should be processed under Part 17 of this title

(Public Law 85-804) or as a GAO claim; (4) stating whether the price(s) involved are considered fair and reasonable.

(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.

(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 at Hq AFLC, or the Deputy Chief of Staff, Procurement and Production at Hq AFSC. Commanders will cause to be prepared the material and information required by subparagraph (1) of this paragraph and forwarded to AFLC (MCPKA), or AFSC (SCKP), as appropriate. All such transactions must be reviewed by the Staff Judge Advocate, Hq AFLC or Hq AFSC, as appropriate. The Director of Procurement and Production, Hq AFLC, and the Director of Procurement, Hq AFSC, will inform the Director of Pro