The authority for contracting within the Department of the Air Force is derived from both the U.S. Constitution and various statutory provisions that delegate and define the federal government’s power to procure goods and services. Below is an explanation of these foundational elements:

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1. Constitutional Authority

The Constitution provides the overarching framework for all federal government actions, including contracting.

Relevant Constitutional Provisions:

1. Article I, Section 8:
   • Clause 1: The power to “provide for the common Defense and general Welfare of the United States.”
     • This clause supports the establishment and funding of military forces, including the Air Force.
   • Clause 12: The power to “raise and support Armies.”
     • This power enables Congress to authorize appropriations for military expenditures, including contracts.
   • Clause 13: The power to “provide and maintain a Navy.”
     • While specific to the Navy, this clause sets a precedent for maintaining military services.
   • Clause 18: The Necessary and Proper Clause.
     • Provides Congress with the authority to pass laws necessary for executing its powers, such as enabling federal contracting mechanisms.
2. Article II, Section 2:
   • The President is the Commander-in-Chief of the Armed Forces, which includes oversight of military operations and acquisitions through delegated executive powers.

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2. Statutory Authority

Federal statutes provide specific legal frameworks for contracting within the Department of the Air Force.

Key Statutes:

1. Title 10, U.S. Code (Armed Forces):
   • Governs military procurement and contracting activities.
   • Section 2302 et seq. (now largely replaced by Title 41 for non-DoD agencies):
     • Establishes foundational rules for the acquisition of goods and services.
   • Section 113: Grants the Secretary of Defense the authority to oversee all Department of Defense (DoD) activities, including the Air Force’s contracting operations.
   • Section 8013: Delegates authority to the Secretary of the Air Force to manage and execute contracting activities for the Air Force.
2. Title 41, U.S. Code (Public Contracts):
   • Sets the general framework for federal contracting, including procurement processes, competition requirements, and contractor obligations.
3. Federal Acquisition Regulation (FAR):
   • FAR, as authorized by Title 41, governs the acquisition process for all federal agencies, including the Air Force.
   • Supplements like the Defense FAR Supplement (DFARS) and Air Force FAR Supplement (AFFARS) provide additional, specific rules for Air Force contracting.
4. Anti-Deficiency Act (Title 31, U.S. Code, Section 1341):
   • Prohibits obligations or expenditures exceeding appropriations and ensures funds are spent as authorized by Congress.
5. Armed Services Procurement Act of 1947:
   • Establishes policies specific to defense-related contracting, emphasizing competition and accountability.

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3. Delegation of Authority within the Department of the Air Force

1. Secretary of the Air Force:
   • As authorized by 10 U.S.C. § 8013, the Secretary manages all Air Force contracting activities, delegating responsibilities as necessary.
2. Acquisition Executives:
   • The Assistant Secretary of the Air Force for Acquisition, Technology, and Logistics (SAF/AQ) oversees procurement policies and programs.
3. Contracting Officers:
   • Specific authority is delegated to contracting officers, who are empowered to bind the government contractually, per FAR 1.602-1.
4. Program Managers:
   • Responsible for overseeing acquisitions to meet mission requirements while adhering to federal laws and regulations.

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4. Congressional Oversight and Appropriations

The Air Force’s contracting authority is subject to:

• Annual Appropriations Acts:
  • Funds for acquisitions must be explicitly authorized and appropriated by Congress.
• Defense Authorization Acts:
  • Provide specific guidelines for the types of contracts and acquisitions allowed.

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Summary

Contracting within the Department of the Air Force is grounded in:

1. Constitutional provisions, particularly those granting Congress and the President powers over defense and procurement.
2. Statutory frameworks, including Title 10 and Title 41, that provide detailed guidelines for military acquisitions.
3. Regulatory systems, such as the FAR, DFARS, and AFFARS, which ensure standardized and lawful procurement practices.