(c) Legal Review
(1) Contracting officers shall obtain legal advice during all phases of acquisitions. In particular, contracting officers shall obtain legal advice:
(i) When there is doubt or controversy about the interpretation or application of statutes, directives, and regulations
(ii) When using or applying unique or unusual contract provisions
(iii) When actions are likely to be subject to public scrutiny or receive higher-level agency attention,
(iv) When a protest or claim is likely, and
(v) When contemplating the use of alternative dispute resolution.
(2) In addition to the general conditions identified in 5301.602-2(c)(1) above, the supporting legal office shall review Operational contract actions and SMC contract actions expected to exceed $500,000 and shall review AFMC Non-Operational contract actions expected to exceed $1,000,000, as follows:
(i) Solicitations and amendments, except administrative amendments
(ii) Proposed contracts and modifications
(iii) Orders for supplies or services under indefinite delivery contracts (FAR 16.5) including Federal Supply Schedules (FSS)
(iv) Orders under Blanket Purchase Agreements (BPA) established under FSS
(3) All Justifications and Approvals (J&A) requests for actions expected to exceed $500,000
(4) Regardless of dollar amount, the supporting legal office shall provide advice, coordination, and review for the following matters:
(i) Use of liquidated damages provisions in contracts for other than construction
(ii) Award fee or award term plans
(iii) Source selection decisions and supporting documentation for actions accomplished pursuant to the requirements of Mandatory Procedure MP5315.3
(iv) Issues dealing with licensing, technical data rights and patents
(v) Mistakes in bid (See FAR 14.407)
(vi) Protests before and after award
(vii) Ratifications
(viii) Disputes
(ix) Contractor claims
(x) Termination for default/cause
(xi) Terminations for convenience, except cancellations or terminations of purchase orders
(xii) Debarment or suspension actions
(xiii) Individual or class deviations
(xiv) Any other legal issue at the discretion of the Contracting Officer or supporting legal office.
(5) Legal review is not normally required for:
(i) Funding actions without any other changes
(ii) Unilateral exercise of pre-priced options that were reviewed and approved at the time of award of the basic contract
(6) PEO Programs. SAF/GC is responsible for providing legal support to PEOs and provides oversight responsibility for legal support to Single Managers on PEO Programs. The local staff judge advocate or servicing legal office shall consult with SAF/GCQ in order to provide consistent legal support on PEO programs.
