Subpart 5101.1 - Purpose, Authority,

Issuance

Parent topic: Part 5101 - Federal Acquisition Regulation System

5101.101 Purpose.

The Army Federal Acquisition Regulation Supplement (AFARS) implements and supplements the

Federal Acquisition Regulation (FAR), the Defense FAR Supplement (DFARS) and the DFARS

Procedures, Guidance and Information (PGI) to establish uniform policies for Army acquisition. It

does not restrict the exercise of good business judgment or stifle innovation.

5101.105 Reserved.

5101.105-3 Copies.

The AFARS is available electronically on Procurement.Army.mil (https://procurement.army.mil) at

https://spcs3.kc.army.mil/asaalt/procurement/AFARS/Home.aspx. The Office of the Deputy Assistant

Secretary of the Army (Procurement) (ODASA(P)), Procurement Policy Directorate, SAAL-PP will

issue notices of AFARS revisions to all senior contracting officials (SCOs).

5101.108 FAR conventions.

(b) Delegation of authority. Each authority is delegable within the contracting chain of authority

unless otherwise indicated by law, statute, or regulation. All delegations must reference the

applicable AFARS citation. Delegations that do not include expiration dates remain effective until a

higher authority supersedes or cancels them.

5101.108-1 Introduction of delegations matrix at Appendix

GG and instructions for use.

(b)(S-90) Delegations of certain procurement authorities are identified throughout the AFARS with a

pointer to a matrix, labeled Appendix GG. Appendix GG outlines all delegations of authority within

the FAR, DFARS and AFARS, and specifies whether the authority prohibits or allows for further

delegation. The Army level of authority identified in the matrix is the lowest level of delegation.

5101.170 Peer reviews.

(a) DoD peer reviews.
(1) The SCO will concur, in writing, on all solicitation and contract packages submitted for each

phase of any DoD peer review. For the first phase only, the SCO will send a copy of the written

concurrence to the DASA(P) (see 5101.290) and provide a copy to the head of the contracting

activity (HCA). See AFARS PGI 5101.170-2.

(i) In accordance with Defense Pricing and Contracting (DPC) Class Deviation 2019-O0010, Peer

Reviews of Contracts for Supplies and Services , except for procurements of major defense

acquisition programs above $1 billion for which the Under Secretary of Defense for Acquisition and

Sustainment (USD(A&S)) is the milestone decision authority and USD(A&S) special interest

programs, the DASA(P) is responsible for conducting preaward peer reviews for competitive

procurements above $1 billion. See Appendix GG for further delegation.

(2) Contracting activities shall provide their rolling annual forecast of acquisitions that will be

subject to DoD peer reviews to the address at 5101.290(b)(2)(ii)(A) at the end of each quarter. See

5104.802(f)(4) for peer review forecast requirements. See AFARS PGI 5101.170-3.

(b) Component peer reviews.

(i) Army peer reviews. With the exception of acquisitions using sealed bidding procedures (see FAR

Part 14), a Solicitation Review Board (SRB) and a Contract Review Board (CRB) will approve all

procurements with an estimated value of $50 million or more including the award of task and

delivery orders. A CRB is required for contract modifications that increase total evaluated price or

otherwise increase scope. A CRB is not required for modifications that exercise an option, add

incremental funding, or make administrative changes. The SRB and CRB will be independent, multifunctional teams comprised of senior level experts, which will, at a minimum, include

representatives from the contracting activity, small business office, office of counsel, requirements

community, and in the case of noncompetitive actions, the advocate for competition. The same

members should participate in both the SRB and the CRB in order to ensure consistency.

(ii) Objective of Army peer reviews. The SRB/CRB will review and assess the presolicitation,

solicitation and contract award documents for consistency, sufficiency, compliance and application

of sound business practices. The SRB/CRB will verify that the procurement represents an overall

good value to the Government and appropriate obligation of taxpayer funds.

(iii) Resolution of comments. The SCO will establish procedures for resolving all SRB and CRB

comments.

(iv) Peer review statistics. Contracting activities will collect peer review statistics, to include annual

data on the number of SRB/CRB reviews conducted and waived, identification of any systemic issues

or trends, best practices, lessons learned, overall effectiveness of the process, and other data as

determined necessary.

(c) Peer Review Thresholds.

Table 1-1 designates the Army peer reviews, thresholds and approval authorities.

TABLE 1-1, Peer Reviews, Thresholds and Approval Authorities

Level Threshold Parameters Approval Authority
DPC $1 Billion or More Pre-award NonCompetitive

Director, Price, Cost

and Finance, DPC

(Note 1)

DPC

Actions designated by

USD(A&S) as

requiring peer review,

regardless of value

Pre-award NonCompetitive

Director, Price, Cost

and Finance, DPC

(Note 1)

DPC

$1 Billion or More

MDAPs for which

USD(A&S) is the MDA

Pre-award, Competitive

Director, Contract

Policy, DPC

(Note 1)

DPC

Actions designated by

USD(A&S) as

requiring peer review,

regardless of value

All Pre-award,

Competitive

Director, Contract

Policy, DPC

(Note 1)

Army $1 Billion or More Pre-award, Competitive

HCA Non-delegable,

Except DASA(P) for

Special Interest

Acquisitions

Army

$250 Million or More

but Less than $1

Billion

Pre-award, Competitive

and Non-Competitive

HCA, with authority to

delegate No Lower than

the SCO

Army

$50 Million or More

but Less than $250

Million

Pre-award, Competitive

and Non-Competitive

SCO, with authority to

delegate to No Lower

than the CoCO

Army Below $50 Million Pre-award, Competitive

and Non-Competitive

SCO or Designee

(Note 2)

Army $1 Billion or More

Independent

Management Review

Contracts for Services

DASA (P) or SSM;

without authority to

further delegate.

Army

$100 Million or More

but Less than $1

Billion

Independent

Management Review

Contracts for Services

HCA, with authority to

delegate to No Lower

than the SCO

Army

Procurements

identified as Special

Interest by the

DASA(P).

All Peer Reviews,

Special Interest

DASA(P), without power

to further delegate.

(Note 3)
Notes:

See DFARS 201.170. The contracting activity’s business clearance process (see 5115.406)

normally satisfies the oversight function of peer reviews for acquisitions below $50 million. If

the SCO determines, in accordance with a risk-based analysis, that a separate peer review is

necessary for an acquisition valued below $50 million, the SCO or designee shall conduct the

peer review consistent with the procedures set forth for Army peer reviews in this section.

Other Army peer reviews identified in 5101.170(b) are not required when the ODASA(P)

conducts a special interest peer review for a procurement.

(v) Independent Management Reviews (IMRs) (Postaward peer reviews) of contracts for services.

Independent Management Reviews shall be conducted if the base period is greater than one year,

the IMR takes place prior to the end of the second year of the base period of performance. If the

base period of performance is one year or less, the IMR occurs prior to the exercise of the second

option period.

(a) The ODASA(P) will conduct an Independent Management Review (IMR) for contracts for services

valued at $1 billion or more. The reviews will be conducted in accordance with AFARS PGI

5101.170-4(a).

(b) The HCA will conduct an IMR for contracts for services valued at $100 million or more but less

than $1 billion. See Appendix GG for further delegation. For HCA reviews, the HCA will provide the

Senior Services Manager a summary report. The summary report will address the independent

management review required elements in DoDI 5000.74 Defense Acquisition of Services and shall be

filed within PCF in accordance with AFARS PGI 5101.170-4(b); no later than 45 days after

completion of the review.