(c)(2)(i) At the discretion of the SCCO and with the coordination of their supporting legal office, a $500,000 threshold may be adopted for Non-Operational contract actions. For Arnold Engineering Development Center (AEDC), the threshold for legal review is $500,000.
(ii) If legal review indicates that a proposed course of action violates statute or regulation or is otherwise determined to lack legal sufficiency, the contracting officer shall resolve the matter with the program attorney. Resolution of legal comments shall be clearly stated in the contract file. If efforts to resolve legal concerns are unsuccessful, the contracting officer shall highlight the unresolved issue in the clearance request and any clearance briefing.
(4) In addition to the matters listed in AFFARS 5301.602-2(c)(4), contracting officers shall also obtain legal advice for the following matters:
(xiv) Procurement integrity issues
(xv) Organizational conflict of interest issues
(xvi) Matters related to defective pricing
(xvii) Advance or pre-contract cost agreements
(xviii) Undefinitized contract actions.
(c)(5)(i) Orders issued under an indefinite delivery contract may be treated similar to “funding actions” and therefore do not require legal review if all of the following conditions exist:
(A) the prices have been established in the basic indefinite delivery contract,
(B) all other terms and conditions have been established in the basic indefinite delivery contract,
(C) the basic contract was reviewed and considered legally sufficient by the supporting legal office, and
(D) there are no negotiations (i.e., no proposal, formal or informal, is necessary for the order to be issued) involved in the award of the proposed order under the indefinite delivery contract.
