Miscellaneous attachments such as--Hydraulic Control System, Air System, Light Plants, Starting Motor. Give full description, numbers, condition tools, etc. (a) Pursuant to Public Law 85-804, and Executive Order No. 10789, the ERDA 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 head of the agency by the Act and the Executive order, as amended, is delegated to: (1) The senior procurement official, Headquarters, or designee: 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. (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 authority. (a) The authority may be used only when there exist the following two conditions pertaining directly to the interests of national defense: (1) The agency is exercising a function in connection with the national defense; and (2) The agency 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 agency; or (2) Provide fair and equitable treatment by the agency to persons directly or indirectly involved in procurement or other contract activities by the agency. (d) If a determination is made pursuant to §9-17.102(b), the required statutory finding that the use of the authority will facilitate the national defense is conclusively established without need for further consideration. $9-17.103 Types of action. The three types of actions under FPR 1-17.103 are classified as follows for agency purposes: (a) (b) Cases of special management consideration; and Cases of contractual fairness. $9-17.105 Reports. The senior procurement official or designee is responsible for preparing the annual report to the Congress required by FPR 1-17.105. $9-17.204 Subpart 9-17.2 Requests for Contractual Adjustment Standards for deciding cases. $9-17.204-50 General. (a) The types of situations identified in FPR 1-17.204 are divided into cases requiring special management consideration and cases giving rise to questions of contractual fairness. (b) The authority under the Act may be exercised to accomplish or implement important procurement objectives or policy goals of |