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  1. AF is terminating a program and disbanding is program office. AF is transferring the program to DHS US Customs Border & Protection (CBP) effective the new FY. The program has three active contracts in place funded by the AF. Future funding will come from DHS CBP. The contracts have periods of performance that extend beyond the current FY. The principal contract includes two options for operational support and line items for equipment acquisition. The AF would like to transfer (essentially novation) these three contracts to DHS CBP. DHS CBP has agreed to accept responsibility for the contracts. AF does not want any involvement with these three contracts and wishes DHS CBP to completely administer them, including both PCO and ACO functions. Should actual transfer be precluded for any reason(s) an alternate approach proposed would be for the AF to delegate PCO and ACO functions under the authority of FAR 42.202 Assignment of Contract Administration and informed by FAR 42.3 Contract Administration Office. Clearly, the option of terminating the AF contracts and issuing new DHS CBP contract, competitively or noncompetitively, would require a significant amount of time and effort. There can be no break in program operations, as these involve national security. What is the best approach given the above situation? Is it legal and in compliance with any regulation or policy to transfer (in essence novation) a contract(s) from one federal agency to another (non DoD)? What steps would be required? Could, for example, the AF contracting office change the issuing office (itself) to DHS CBP via an SF30? (A new contract number could even be assigned as discussed in DFARS 204.7001 Policy c1 “continued contract”.) Is it legal and in compliance with any regulation or policy to assign contract administration functions for a contract(s) from one federal agency to another (non DoD)? Are there other options? Are there any examples, including contract number(s), of any actual contract actions accomplishing what is required above? This is an actual situation where answers are critically needed for operational reasons.
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