United States Air Force
Integrity - Service - Excellence
AF Community Partnership Program
Public-Public; Public-Private (P4) Partnerships
“Leveraging military installation and local
community capabilities and resources
to obtain value and benefit
in support of the AF mission”
ADC Installation Innovation Forum
16 Mar 2015
United States Air Force
Integrity - Service - Excellence
Legal
Ms. Carolyn White
SAF/GCN
571-256-4808
carolyn.m.white30.civ@mail.mil
16 March 2015
2
Authorities – Overview

You should use the authority that makes the most sense for a
particular project/proposal
 In most circumstances, there is something that applies & has
been used successfully in the past

Community Partnership proposals work to maximize the array of
tools and authorities available – not “around” or “outside” of
existing authorities and roles/responsibilities

Communication is key!
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General Questions Lawyers Will
Ask

What Air Force need or requirement does the project address?
 How is that need/requirement being met now? (e.g., internal
resources, via contract)
 Is there any type of agreement covering that need/requirement
currently? (e.g., FAR contract, Economy Act agreement)

Legal Authorities
 What legal authority allows the Air Force to enter into this
project? (typically statute, regulation, Executive Order, DoD
issuance or AFI)

Communications
 Who is the primary project proponent at the base? For the
state/local government?
 Does this involve specialized subject matter (e.g., medical
services, MWR-funded activities, etc.) where program or legal
experts should be involved?
 What Air Force offices need to be aware of the project (and
perhaps engaged) based on its subject matter?
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Subject-Matter Key Points

Real Property

Various laws, regulations, and policies (not 10 USC 2679)
 Various types of instruments, e.g, leases, licenses, permits, rights-of-way

Acquisition (AF acquires goods/services with appropriations)

Array of authorities and tools available
 Proposed policy preference for Federal Acquisition Regulation (FAR)-based
contract under 10 USC 2679 (only use the provisions that make sense )

10 USC 2679

Secretary may enter into Intergovernmental Support Agreement (IGSA) on a
sole source basis with a state or local government to provide, receive, or
share installation support services
IF the Secretary determines the agreement will serve the best interests of the
department by enhancing mission effectiveness or creating efficiencies or
economies of scale, including by reducing costs.
 FAR is not required for IGSAs; contract awarded pursuant to an IGSA must
be awarded competitively
 Earlier provisions from 10 USC 2336 remain (e.g., provider must already
provide service; 5-year terms, local wage rates, etc.)
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United States Air Force
Integrity - Service - Excellence
Acquisition
Mr. Bill Sproule
SAF/AQC
571-256-2419
william.g.sproule.civ@mail.mil
16 March 2015
6
FAR Based Contracts

IGSAs exempt from the laws governing the award of
Federal government contracts for supplies/services


Policy - if the acquisition of services uses appropriated
funds, the IGSA shall be implemented through the use of a
contract that complies with the FAR and its supplements
AF has the authority to only adopt those provisions of the
FAR that it believes are useful and appropriate

Contracts awarded under this authority should be made
using FAR Part 12 “Acquisition of Commercial Items –
General” procedures

Exempt from J&A requirements of FAR 6.303

Contract made on competitive basis, confirmation required
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FAR Part 12 – Commercial
Item Contract

SF 1449 (Parties, Payment Office, Signatures, etc.)

Schedule of Services (unit, qty, price, etc.)

Performance Work Statement (PWS)

FAR Clauses
 52.212-3 – Offeror Reps and Certs (CO may tailor)
 Type of entity, TIN, responsibility, child labor, etc.
 52.212-4 – Contract Terms & Conditions (CO may tailor)
 Inspection/Acceptance, Changes, Disputes, Invoices,
Payment, Termination (Convenience/Cause), etc.
 52.212-5 – T&Cs to Implement Statutes & Exec. Orders (CO
selects applicable laws and Eos)

FARSite: http://farsite.hill.af.mil/
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Backup
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SF-1449
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United States Air Force
Integrity - Service - Excellence
BCA Overview
Mr. James Walewander
SAF/FMCE
703-614-4054
James.L.Walewander.Civ@mail.mil
16 March 2015
11
Business Case Analysis

Guided by AFI 65-509 and AFMAN 65-510
 A decision support document that identifies alternatives and
presents business, economic, risk, and technical arguments for
selecting an alternative to achieve organizational or functional
missions or goals
 Multi-objective framework for defining and assessing investment
opportunities
 Mechanism to monitor project status and accountability … postimplementation review
 Required for all P4 projects
 Level of effort is commensurate with the amount of funding
required
 Not an obstacle to P4 partnerships, but a tool to help the USAF
make the most efficient use of limited resources
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Standard Framework
Component
Description
Executive Summary
Summarizes key points of the BCA
Introduction
Concisely defines the goal and framework of the analysis
Life Cycle Cost (LCC) Analysis
Describes cost categories and provides LCCs for alternatives
Benefits Analysis
Defines non-monetary benefits & evaluates relative to alternatives
Sensitivity Analysis
Determines effect of varying key assumptions and variables
Risk Assessment
Identifies risks that threaten each alternative’s successful outcome
Stakeholder Assessment
Identifies stakeholders who impact, or are impacted by, the decision
Conclusion
Compares alternatives & makes a recommendation
Change Management Plan
Risk Mitigation Plan
Counter risks that present greatest threat
Stakeholder Mgmt Plan
Gain the support of stakeholders
Communications Plan
Inform key stakeholders of change
Training Plan
Identify process for training individuals
Funding Plan
Who is funding costs, what color of money
Implementation Plan
Communicate tasks necessary for success
Performance Metrics
Track progress and performance
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Questions
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