(A) ATP Level I-Fundamentals of Acquisition.

(B) ATP Level II-Advanced Contract Administration.

(C) ATP Level III-Cost and Price Analysis.

(D) ATP Level IV-Contract Negotiation.

ATP courses may include tests or other assessments to indicate what information has been learned by the student. An assessment will then be made to determine if additional formal or onthe-job training is needed.

(ii) Experience. Three years of progressive assignments in an acquisition related field and broad technical ability within the last five years.

(iii) Performance.

rating.

Satisfactory

(iv) Education (desired). Bachelor degree.

(d) Other training courses may be substituted for the prescribed core curriculum provided that the training meets equivalent content and difficulty per course. Recommending officials must fully document and justify equivalent courses when recommending candidates for appointment as contracting officers. The COCB will review and determine if equivalent courses may be appropriately substituted. HCAs are responsible for providing their subordinates with advice and assistance necessary to complete required training.

(e) Candidates who achieve additional academic credit beyond the desired education level may be eligible to receive credit toward experience for this additional academic credit. Substitutions of this nature must be fully justified and documented by the recommending official and forwarded to the COCB for evaluation and appropriate action. Candidates will receive a maximum credit of 1 year of experience when substitutions are approved for the Intermediate and Senior Level. A maximum credit of 6 months may be approved by the HCA for the Basic Level.

(f) Candidates who do not meet the minimum qualifications established in this section, may be granted interim appointments in accordance with 801.690-7.

(g) The Privacy Act of 1974 applies

to the information collected during the selection and appointment of contracting officers.

[52 FR 24011, June 26, 1987, as amended at 54 FR 31965, Aug. 3, 1989] 801.690-5 Appointment.

(a) The recommending official may recommend candidates for appointment as contracting officers to the designating official. Only the Deputy Assistant Secretary for A&MM or the HCA is authorized to sign the Standard Form 1402, Certification of Appointment.

(b) Specific limitations imposed upon the authority of contracting officer shall be set forth in certificates of appointment or otherwise conveyed in writing to appoint contracting officers.

(c) Appointment of COS at specific levels does not preclude imposition of administrative reviews, approvals, or other limitations for program management purposes.

[52 FR 24012, June 26, 1987, as amended at 54 FR 31965, Aug. 3, 1989]

801.690-6 Termination.

(a) The designating official may revoke the appointment of a contracting officer at any time after evaluation of written recommendations by an HCA or other management officials based on:

(1) The fact that the need for the appointment no longer exists;

(2) Personnel actions such as resignation or retirement;

(3) Cause. (Cause covers such areas as, e.g., unsatisfactory performance, official misconduct pending criminal or administrative investigations, failure to meet training requirements.)

(b) Situations involving termination of contracting authority of contracting officers for cause should be discussed with the servicing Personnel Office to determine impact, if any, on the employee's continued employment.

[54 FR 31965, Aug. 3, 1989]

801.690-7 Interim appointment provisions.

(a) Individuals who do not meet all minimum qualifications as described in 801.690-4, may be appointed on an interim basis to ensure availability of

procurement support. Requests to the designating official for interim appointments shall include information on the candidate's training, experience, performance, education, and justification for the interim appointment. All minimum training requirements shall be scheduled for individuals issued interim appointments and completed within a reasonable period of time. At least two required courses or equivalents will normally be completed each year after the date of appointment. Failure to complete minimum training requirements within the time frame may result in the loss of the interim appointment.

(b) If training requirements are met during the interim appointment period through the ATP, a permanent warrant may be issued by the designating official upon satisfactory completion of all the required courses. Where equivalent courses have been completed, appropriate documentation (copies of course certificates) must be submitted before a permanent warrant can be issued.

(c) Instances that may require the use of interim appointments may include, but are not limited to the following:

(1) Organization changes;

(2) Sudden extreme increases in the number of procurement requests; and (3) New hires or promotions into GS-1102 series.

(d) Interim appointments shall normally not exceed a 2 year period.

[52 FR 24012, June 26, 1987, as amended at 54 FR 31965, Aug. 3, 1989]

801.690-8 Distribution of SF 1402, Certifi

cate of Appointment

(a) The original SF 1402, Certificate of Appointment, shall be provided to the appointed contracting officer and displayed at the contracting officer's duty station.

(b) A copy of the certificate will be filed in the delegation of authority file and another copy will be furnished to the fiscal activity.

(c) Each certificate will be serially numbered.

[54 FR 31965, Aug. 3, 1989]

801.690-9 Post appointment maintenance of certifications. [Reserved]

PART 802-DEFINITIONS OF WORDS AND TERMS

Subpart 802.1-Definitions

802.100 Definitions

(a) In VA, "head of the contracting activity" means the Director, Acquisition Management Service, Central Office; Deputy Assistant Secretary for Facilities, Central Office; Director, Building and Supply Service, Central Office; Director, Publications Service, Central Office; Director, Monument Service, Central Office; Director, Vocational Rehabilitation and Education Service, Central Office; Director, Loan Guaranty Service, Central Office; Director, VA Marketing Center; Chief, Supply Service, at a field facility; and the Director, Regional Office.

(b) Senior Procurement ExecutiveThe Assistant Secretary for Acquisition and Facilities (005) is designated the Senior Executive for VA.

(38 U.S.C. 210 and 40 U.S.C. 486(c))

[52 FR 24013, June 26, 1987, as amended at 52 FR 28559, July 31, 1987; 54 FR 40062, Sept. 29, 1989]

Sec. 803.409 Misrepresentations or violations of the Convenant Against Contingent Fees.

Subpart 803.5-Other Improper Business

Practices

803.502 Subcontractor kickbacks.

Subpart 803.6-Contracts With Government Employees or Organizations Owned or Controlled by Them

803.603 Responsibilities of the contracting officer.

AUTHORITY: 38 U.S.C. 210 and 40 U.S.C.

486(c).

SOURCE: 49 FR 12592, Mar. 29, 1984, unless otherwise noted.

Subpart 803.1-Safeguards

803.101 Standards of conduct.

803.101-3 Department regulations.

(a) Standards of conduct for all VA employees, including contracting officials, are found in 38 CFR Part O. From time to time supplementing guidance regarding Agency-authorized exceptions to FAR 3.101-2 and disciplinary measures for persons violating the standards of conduct, may be issued by the Secretary or the designated VA Ethics Officer. Heads of contracting activities will ensure that all employees are cognizant of the applicable regulations.

(b) Requirements for employee financial disclosure are contained in 38 CFR Part O, Subpart D. Generally contracting officers and all supervisory contracting officials must file financial disclosure statements.

(c) Ethics in Government Act. Former employees are not specifically prohibited under section 207 of Title 18, United States Code, from acting as consultants for the Department of Veterans Affairs. However, former employees are prohibited, for certain periods of time, from representing or otherwise acting as agents of other parties for the purpose of obtaining Government contracts.

(d) The certification in 852.203-70 will be made a part of all solicitations.

Subpart 803.2-Contractor Gratuities to Government Personnel

803.203 Reporting suspected violations of the Gratuities clause.

(a) Suspected violations of the Gratuities Clause will be reported to the head of the contracting activity through the contracting officer. The head of the contracting activity will confirm that violations are evident and that reporting these violations to officials designated in paragraph (b) would be warranted.

(b) When violations of the Gratuities Clause warrant actions described in FAR 3.204(c) the head of the contracting activity will request instructions from the VA General Counsel (025) through the Director, Office of Procurement and Supply (90).

Subpart 803.3-Reports of Identical Bids and Suspected Antitrust Violations

803.301 General.

Executive Order 10936 of April 1961 requiring reporting of identical bids to the Attorney General has been revoked by Executive Order 12430 of July 1983. Identical bids and other suspected antitrust violations will be reported in the manner prescribed in FAR 3.303 and this subpart.

803.303 Reporting suspected antitrust violations.

Instances of possible antitrust violations will be reported by procurement activities in accordance with FAR 3.303 to the Director, Office of Procurement and Supply (90) for review and submission to the General Counsel, who will determine whether or not to submit the case to the Attorney General.

Subpart 803.4-Contingent Fees 803.408 Evaluation of the SF 119.

803.408-1 Responsibilities.

When determining an appropriate course of action with respect to information furnished on a Standard Form 119, Statement of Contingent or Other

Fees, the head of the contracting activity will review the contracting officer's recommendations. The review by the head of the contracting activity shall be documented on the contract file.

803.409 Misrepresentations or violations of the Covenant Against Contingent Fees.

(a) Suspected violations of the Covenant Against Contingent Fees shall be reported to the head of the contracting activity for evaluations as prescribed in FAR 3.408-2.

(b) Before taking any administrative action the heads of the contracting activity shall consult with their respective VA District Counsels. Contracting officers in Central Office shall consult with the Office of the General Counsel.

[49 FR 12592, Mar. 29, 1984, as amended at 50 FR 791, Jan. 7, 1985]

Subpart 803.5—Other Improper Business Practices

803.502 Subcontractor kickbacks. Suspected violations of the Antikickback Act will be reported to the Office of the General Counsel.

Subpart 803.6-Contracts With Gov

ernment Employees Or Organizations Owned or Controlled by Them

803.603 Responsibilities of the contracting officer.

Excepting those contracts which pertain to the sale of manual arts and

occupational therapy products, Department of Veterans Affairs contracting officer shall, prior to entering into a contract with Government employees or business concerns substantially owned or controlled by Government employees, make the written determinations required by FAR 3.603.

PART 804-ADMINISTRATIVE MATTERS

Subpart 804.1-Contract Execution

AUTHORITY: 38 U.S.C. 210 and 40 U.S.C.

486(c).

804.101 Contracting officer's signature.

(a) Contracting officers will personally sign all contracts, changes thereto and contract enforcement correspondence in accordance with FAR 4.101. The signing of the contractual documents will not be accomplished by facsimile stamps.

(b) In the event a contracting officer's name and title has been typed, stamped or printed on the contract and the contracting officer is not available to sign the contract, a designee may sign for the contracting officer. Such designee must be a contracting officer as specified in 801.602 and must have specific contracting authority to cover the contract to be signed.

[49 FR 12592, Mar. 29, 1984]

sage, as a cover transmittal. "See attached" will be noted on the SF 14 in the block marked "Message to be transmitted."

(2) Routing symbol "RUCHODY" will be used in transmitting the material to the Department of Commerce.

(b) At such time as an architect-engineer evaluation board is ready to advertise for architect-engineer services, it must establish the geographic area within which architect-engineer firms (including joint ventures) will be considered. The area determined must be large enough to assure selection of three to five firms highly qualified for the particular project involved, but not so large as to make the evaluation process unduly burdensome.

(1) For large projects, the area will generally be Statewide, but may be limited to sections of States or the metropolitan areas. Where there is a scarcity of qualified firms, the area of consideration may include more than one State. In addition, special consideration may be given to projects located near State lines, particularly where the economic, cultural and social centers for the worksite are located across the State boundary in a contiguous State.

(2) For small projects, the geographic area of consideration is appropriately local, but will be wide enough to assure the selection of at least three highly qualified firms.

(3) Special problems of evaluation and of contract administration arise with respect to joint-venture applications representing numerous firms from all over the nation organizing with a small local firm not otherwise qualified. Accordingly, notices may contain a statement that "Joint-venture participation will be considered and evaluated on the demonstrated interdependency of each joint-venture member on the other, which makes that union a viable design force for this particular project."

[49 FR 12592, Mar. 29, 1984, as amended at 50 FR 791, Jan. 7, 1985; 51 FR 23066, June 25, 1986; 52 FR 28559, July 31, 1987; 54 FR 40063, Sept. 29, 1989]