I n t e g r i t y - S e r v i c e - E x c e l l e n c e United States Air Force 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

I n t e g r i t y - S e r v i c e - E x c e l l e n c e United States Air Force 2 Legal Ms. Carolyn White SAF/GCN March 2015

I n t e g r i t y - S e r v i c e - E x c e l l e n c e 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! 3

I n t e g r i t y - S e r v i c e - E x c e l l e n c e 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? 4

I n t e g r i t y - S e r v i c e - E x c e l l e n c e 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.) 5

I n t e g r i t y - S e r v i c e - E x c e l l e n c e United States Air Force 6 Acquisition Mr. Bill Sproule SAF/AQC March 2015

I n t e g r i t y - S e r v i c e - E x c e l l e n c e 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 Contract made on competitive basis, confirmation required 7

I n t e g r i t y - S e r v i c e - E x c e l l e n c e 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 – Offeror Reps and Certs (CO may tailor) Type of entity, TIN, responsibility, child labor, etc – Contract Terms & Conditions (CO may tailor) Inspection/Acceptance, Changes, Disputes, Invoices, Payment, Termination (Convenience/Cause), etc – T&Cs to Implement Statutes & Exec. Orders (CO selects applicable laws and Eos) FARSite: 8

I n t e g r i t y - S e r v i c e - E x c e l l e n c e 99 Backup 9

I n t e g r i t y - S e r v i c e - E x c e l l e n c e SF

I n t e g r i t y - S e r v i c e - E x c e l l e n c e United States Air Force 11 BCA Overview Mr. James Walewander SAF/FMCE March 2015

I n t e g r i t y - S e r v i c e - E x c e l l e n c e Business Case Analysis Guided by AFI and AFMAN 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 … post- implementation 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 12

I n t e g r i t y - S e r v i c e - E x c e l l e n c e 13 ComponentDescription Executive SummarySummarizes key points of the BCA IntroductionConcisely defines the goal and framework of the analysis Life Cycle Cost (LCC) AnalysisDescribes cost categories and provides LCCs for alternatives Benefits AnalysisDefines non-monetary benefits & evaluates relative to alternatives Sensitivity AnalysisDetermines effect of varying key assumptions and variables Risk AssessmentIdentifies risks that threaten each alternative’s successful outcome Stakeholder AssessmentIdentifies stakeholders who impact, or are impacted by, the decision ConclusionCompares alternatives & makes a recommendation Change Management Plan Risk Mitigation PlanCounter risks that present greatest threat Stakeholder Mgmt PlanGain the support of stakeholders Communications PlanInform key stakeholders of change Training PlanIdentify process for training individuals Funding PlanWho is funding costs, what color of money Implementation PlanCommunicate tasks necessary for success Performance MetricsTrack progress and performance Standard Framework

I n t e g r i t y - S e r v i c e - E x c e l l e n c e 14 Questions 14