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SUBPART 201.6--contracting authority and responsibilities

(Revised October 25, 2002)



 201.602 Contracting officers
 201.602-2 Responsibilities
 201.602-70 Contract clause
 201.603 Selection, appointment, and termination of appointment
 201.603-2 Selection
 201.603-3 Appointment

201.602  Contracting


201.602-2  Responsibilities.

Contracting officers may designate qualified personnel as their authorized representatives to assist in the technical monitoring or administration of a contract.  A contracting officer's representative (COR)—


      (1)  Must be a Government employee, unless otherwise authorized in agency regulations.


      (2)  Must be qualified by training and experience commensurate with the responsibilities to be delegated in accordance with department/agency guidelines.


      (3)  May not be delegated responsibility to perform functions at a contractor's location that have been delegated under FAR 42.202(a) to a contract administration office.


      (4)  May not be delegated authority to make any commitments or changes that affect price, quality, quantity, delivery, or other terms and conditions of the contract.


      (5)  Must be designated in writing, and a copy furnished the contractor and the contract administration office—


              (i)  Specifying the extent of the COR's authority to act on behalf of the contracting officer;


              (ii)  Identifying the limitations on the COR's authority;


              (iii)  Specifying the period covered by the designation;


              (iv)  Stating the authority is not redelegable; and


              (v)  Stating that the COR may be personally liable for unauthorized acts.


      (6)  Must maintain a file for each contract assigned.  This file must include, as a minimum—


              (i)  A copy of the contracting officer's letter of designation and other documentation describing the COR's duties and responsibilities; and


              (ii)  Documentation of actions taken in accordance with the delegation of authority.


201.602-70  Contract clause.

Use the clause at 252.201-7000, Contracting Officer's Representative, in solicitations and contracts when appointment of a contracting officer's representative is anticipated.


201.603  Selection, appointment, and termination of appointment.


201.603-2  Selection.


      (1)  In accordance with 10 U.S.C. 1724, in order to qualify to serve as a contracting officer with authority to award or administer contracts for amounts above the simplified acquisition threshold, a person must—


              (i)  Have completed all contracting courses required for a contracting officer to serve in the grade in which the employee or member of the armed forces will serve;


              (ii)  Have at least 2 years experience in a contracting position;


              (iii)  Have—


                    (A)  Received a baccalaureate degree from an accredited educational institution; and


                    (B)  Completed at least 24 semester credit hours, or equivalent, of study from an accredited institution of higher education in any of the following disciplines:  accounting, business finance, law, contracts, purchasing, economics, industrial management, marketing, quantitative methods, and organization and management; and


              (iv)  Meet such additional requirements, based on the dollar value and complexity of the contracts awarded or administered in the position, as may be established by the Secretary of Defense.


      (2)  The qualification requirements in paragraph (1)(iii) of this subsection do not apply to a DoD employee or member of the armed forces who--


              (i)  On or before September 30, 2000, occupied--


                    (A)  A contracting officer position with authority to award or administer contracts above the simplified acquisition threshold; or


                    (B)  A position either as an employee in the GS-1102 occupational series or a member of the armed forces in an occupational specialty similar to the GS-1102 series;


              (ii)  Is in a contingency contracting force; or


              (iii)  Is an individual appointed to a 3-year developmental position.  Information on developmental opportunities is contained in DoD Manual 5000.52-M, Acquisition Career Development Program.


      (3)  Waivers to the requirements in paragraph (1) of this subsection may be authorized.  Information on waivers is contained in DoD Manual 5000.52-M.


201.603-3  Appointment.


      (a)  Certificates of Appointment executed under the Armed Services Procurement Regulation or the Defense Acquisition Regulation have the same effect as if they had been issued under FAR.


      (b)  Agency heads may delegate the purchase authority in 213.301 to DoD civilian employees and members of the U.S. Armed Forces.


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