TABLE OF CONTENTS PART 9-17 EXTRAORDINARY CONTRACTUAL ACTIONS 90-139 0-82--25 PART 9–17 EXTRAORDINARY CONTRACTUAL ACTIONS TO FACILITATE THE NATIONAL DEFENSE §9-17.101 Authority. Subpart 9-17.1 General (a) Pursuant to Public Law 85-804, and Executive Order No. 10789, as amended, the DOE, for functions transferred from ERDA, Department of the Interior, Department of Commerce and the Navy, has been authorized to exercise the authority provided for in the Act. This authority, which expands ordinary contracting authority, enables it to achieve procurement objectives and pursue policy goals which otherwise might be unattained. The authority of the Act, the Executive Order, and these regulations establish no rights in any party outside the agency and the exercise of authority is wholly discretionary with the agency. (b) The authority vested in the Secretary by the Act and the Executive order, as amended, is delegated to: (1) The Senior Procurement Official, Headquarters, provided that such delegation does not include authority to deny relief in contractual fairness cases as defined in §9-17.204-52, and by the Senior Procurement Official, Headquarters, to Heads of Procuring Activities with respect to contractual fairness cases only (not to exceed $50,000), provided that such delegation does not include authority to deny relief. (2) The Board of Contract Appeals (which for the purpose of this part is designated as a Contract Adjustment Board) with respect to contractual fairness cases as defined in §9– 17.204–52, and such other matters as may be referred to the Board by the Senior Procurement Official, Headquarters, or designee. This authority only extends to cases arising out of functions transferred from ERDA. (c) The delegations of authority in paragraph (b) of this section are subject to the limitations in FPR 1-17.205–1 and, in the case of contractual fairness cases under $50,000, also of FPR 1-17.205-2. The delegation of authority to the Heads of Procuring Activities may not be redelegated. $9-17.102 General policy. (a) The authority may be used only when there exists the following two conditions pertaining directly to the interests of national defense: and (1) The Department is exercising a function in connection with the national defense; (2) The Department finds that the use of the authority will facilitate the national defense. (b) The basis for satisfying the condition in paragraph (a) (2)of this section is a determination that the use of the authority under the Act will: (1) Effect the accomplishment or implementation of an important procurement objective or policy goal of the Department; or |