[ INTERIM CHANGE: SAF/AQ Memo, 23 Jun 10 ]
(a) The objectives of the business and contract clearance process are to ensure that:
(1) Contract actions effectively implement approved acquisition strategies;
(2) Negotiations and contract actions result in fair and reasonable business arrangements;
(3) Negotiations and contract actions are consistent with laws, regulations, and policies; and
(4) An independent review and assessment (i.e. by the clearance authority) for the proposed contract action is accomplished.
(b) The clearance approval authority shall ensure that the clearance process meets the objectives in paragraph (a) above. The clearance approval authority shall use multi-functional independent review teams (MIRTs) as an integral component of the clearance process by validating each critical decision point as described in Mandatory Procedure MP5301.9001(b).
(c) The clearance approval authority must seek legal advice (See 5301.602-2) and ensure that counsel has coordinated on any clearance briefings or presentations, and that counsel’s comments are included in the briefing or presentation.
(d) At the discretion of the clearance approval authority, contract clearances are not required when the negotiation team stays within a pre-set negotiation range and meets the parameters approved at the business clearance.
(e) The Source Selection Authority (SSA) shall not be the clearance approval authority.
(f) Contract actions meeting the contract value thresholds set below shall not be awarded without obtaining the required business and contract clearance approval(s). Clearance approval authority may not be delegated, however unit specific assignments pursuant to subparagraph (2)(i) are authorized.
(1) For PEO programs supported by SMC, PEO and DAO programs supported by AFMC and for AFMC and SMC Other Contracting (excluding Operational)
Contract Value*
|
Clearance Approval Authority
|
>$50M
|
SCCO (See (i) below)
|
$25M - $50M
|
One level below the SCCO (e.g., Chief of Contracting for the Directorate for AFMC, Chief of the Contracting Office (COCO) for SMC**)
|
$5M - <$25M
|
Two levels below the SCCO (e.g., Chief of Contracting Division for AFMC, or Deputy COCO for SMC**)
|
** Note: SMC change effective October 1, 2010
(i) The Deputy Assistant Secretary (Contracting) (DAS(C)) at his or her discretion, may assume the clearance approval authority for the following acquisitions:
(A) For ACAT I (Space/Non-space programs) competitive acquisitions prior to Key Decision Point B or Milestone B (pre-MDAP on Major Defense Acquisition Program Lists); and
(B) For competitive services acquisitions $1B and above.
(ii) Request for confirmation of the clearance approval authority for these programs in paragraph (i)(A) and (B) shall be submitted to SAF/AQCK, [email protected], 10 working days prior to convening the acquisition strategy panel (ASP) or the staffing of the acquisition plan (AP).
(2) For Operational Contracting (excluding AFRC)
Contract Value*
|
Clearance Approval Authority
|
>$2M
|
SCO or SCCO
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$1M - $2M
|
SQ/CC or DBO, PKO for AFMC, or COCO for SMC**
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$500K - <$1M
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At least one level above the CO
|
** Note: SMC change effective October 1, 2010
(i) The SCO or SCCO may assign a clearance threshold in excess of the $2M identified above for a squadron/unit. The threshold assigned shall not be greater than $10M or in the case of specialized units, $25M. For unit thresholds above $2M, the squadron commander or equivalent will assign subordinate thresholds within their units. The clearance approving official must be at least one level above the contracting officer.
(ii) On a case-by-case basis, the SCO or SCCO may review a specific contract action below the established threshold in order to ensure compliance with applicable standards and practices.
(iii) The SCO may lower the threshold below the $2M identified above or rescind a previously granted increased threshold for a squadron/unit that is not meeting established standards. In those instances, concurrent notification will be made to SAF/AQCP.
(3) For AFRC
Contract Value*
|
Clearance Approval Authority
|
>$500K
|
AFRC/A7K
|
* Note: Contract value is determined by applying the sum of the value of the basic portion of the instant acquisition, plus any options, sums reserved for provisioning, and the value of any contingencies, such as ceiling, award fees/terms, and performance incentives.
(4) If the SCCO is a SSA, the clearance approving officials for those acquisitions will be their SCO or deputy. When the SCO or their deputy is the SSA, the clearance official for those acquisitions is ADAS(C). Clearance requests shall be sent through SAF/AQCK.
