(a) Contract actions requiring clearance.
(90) In addition to the contract actions specified at AFFARS 5301.9000(a), clearance procedures also apply to the following actions:
(1) Noncompetitive orders issued under single or multiple award Indefinite Delivery/Indefinite Quantity (IDIQ) contracts, Blanket Purchase Agreements (BPAs), GSA Federal Supply Schedules (FSS), and other multiple award contract vehicles (e.g., NETCENTS, ITS). However, clearance procedures are not applicable to non-competitive orders that are pre-priced as defined in 5301.602-2(c)(5)(i).
(2) Competitive orders issued under multiple award IDIQ contracts, multiple award Blanket Purchase Agreements (BPAs), GSA FSS, and other multiple award contract vehicles (e.g., NETCENTS, ITS) as set forth below:
(i) Competitive orders which afford contractors a fair opportunity to submit offers in accordance with a structured ordering process (i.e., pre-established guidelines/procedures in awarded contract vehicles/contract guides which include pre-established factors and/or evaluation criteria, or as set forth in Part 8 of the FAR/DFARS) do not require business clearance, only contract clearance, prior to award of the order(s).
(ii) If the basic contract vehicle does not have a pre-established ordering process (e.g., factors and/or evaluation criteria must be developed) to solicit competitive orders both a business and contract clearance is required as set forth in AFFARS 5301.9000 (c) and (e), as supplemented.
(3) BPAs issued against GSA FSS or established outside of the GSA FSS require business and contract clearance prior to establishing BPA(s) under the procedures set forth in Part 8 of the FAR/DFARS). See (1) and (2) above for orders placed against BPAs.
(4) Amendments to solicitations. Amendments to reviewed and approved solicitations under the clearance process also require business clearance prior to issuance. Exceptions are amendments that are solely administrative in nature.
(5) Modifications to orders. Business and contract clearance is required for modifications to orders (but see (b)(90) below).
(6) Architect-Engineer (A-E), Broad Agency Announcement (BAA), Small Business Innovation Research (SBIR), and Small Business Technology Transfer (STTR) actions. Noncompetitive clearance procedures apply to these actions. In addition, if total awards under a BAA are expected to exceed the clearance threshold, the BAA solicitation requires review by the Clearance Reviewer in 5301.9001(b) prior to issuance/publication.
(b) Contract actions excluded from business or contract clearances.
(90) In addition to the contract actions specified at AFFARS 5301.9000(b), the following are also excluded from clearance:
(1) Solicitation amendments and order and contract modifications solely administrative in nature.
(2) Contract actions that solely provide incremental funding, award fee funding, or that are solely administrative in nature, no change to terms and conditions or type of funds.
(3) Priced options that were previously established in the basic contract/order and that are exercised in accordance with the established prices and terms and conditions of the contract/order, as long as the option period has not expired.
(4) Orders that are issued in strict accordance with the previously approved pricing arrangements/pricing tables and other terms and conditions of the basic contract vehicle. This exclusion includes orders where contractors are contacted solely to seek deeper discounts on known quantities. Orders that result from solicitation and negotiation of labor categories, hours, or scope/requirements with contractors require clearance.
(5) Exercise of options at a NTE value
(h) “Clearance Approving Authority” (CAA). The CAA is responsible for ensuring the policy objectives of AFFARS 5301.9001 are achieved.
(i) “Clearance Reviewer” (CR). The CR is the primary advisor to the CAA for clearance and ensures the CAA has the information needed to make an informed decision. The CR identifies deficiencies, assists in resolution, and advises the CAA as appropriate. When the CR is not at center or Detachment PKC level, the CR must be an experienced contracting professional, a government employee, and must not be reviewing their own contract action.
