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SUBPART 201.6--contracting authority and responsibilities

(Revised October 21, 1999)

 

 



 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 officers.

 

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)  Pursuant to 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 mandatory contracting courses required for a contracting officer at the grade level, or in the position within the grade of the General Schedule in which the person is serving;

 

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

 

              (iii)  Have—

 

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

 

                    (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; or

 

                    (C)  Passed an examination considered to demonstrate skills, knowledge, or abilities comparable to that of an individual who has completed at least 24 semester credit hours, or equivalent, of study from an accredited institution of higher education in any of the disciplines in paragraph (1)(iii)(B) of this subsection; 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 requirements in 201.603-2(1)(iii) do not apply to any employee who, as of October 1, 1991, had at least 10 years experience in acquisition positions, in comparable positions in other government agencies or the private sector, or in similar positions in which the individual obtained experience directly relevant to the field of contracting.

 

      (3)  The requirements in 201.603-2(1) do not apply to any employee for purposes of qualifying to serve in the position in which the employee is serving on October 1, 1993, or any other position in the same grade and involving the same level of responsibilities as the position in which the employee is serving on that date.

 

      (4)  Waivers may be authorized.  Information on waivers is contained in DoD Manual 5000.52-M, Career Development Program for Acquisition Personnel.

 

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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