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PART 28-1--GENERAL

and 0.76(j) of Title 28, Code of Federal

Regulations.
Subpart 28-1.1- Introduction

8 28–1.104 Applicability. Sec.

The FPR as implemented and sup28-1.101 Scope of Subpart. 28-1.102 Purpose.

plemented by the JPR apply to the 28-1.103 Authority.

procurement operations of all Depart28-1.104 Applicability.

ment of Justice procuring activites. 28-1.105 Exclusions.

However, nothing in those regulations

shall impair or affect the authority of Subpart 28-1.2-Definition of Terms

the Federal Prison Industries with re28–1.205 Procuring activities.

spect to any program conducted for 28–1.206 Head of the procuring activity.

the purpose of rehabilitation, Pro

vided, That the Federal Prison IndusSubpart 28-1.3 (Reserved)

tries shall, to the maximum extent Subpart 28-1.4-Procurement Responsibility practicable, consistent with the fulfilland Authority

ment of the purposes of the program

and the effective and efficient conduct 28-1.404-50 Delegation of contracting offi

of its business, coordinate its opercers. 28–1.404-51 Redelegation of contracting of

ations with the requirements of the ficer authority.

regulations prescribed by the FPR and 28-1.404-52 Modification of contracting of JPR. Therefore, the Federal Prison ficer's delegation.

Industries shall comply with those 28–1.404-53 Contracting officer's repre

regulations except for reasons peculiar sentatives to contractors. 28-1.404-54 Contracting officer's repre

to the operation of the Federal Prison sentative-receipt of supplies, equip Industries. Where compliance with a ment or services.

specific regulation would be inconsist28-1.405 Ratification of unauthorized con- ent with Federal Prison Industries tract awards.

programs, a deviation shall be requestAUTHORITY: 40 U.S.C. 486(c); 28 CFR 0.75 ed in accordance with § 28-1.109-2(b). (j) and 0.76(j). SOURCE: 41 FR 32426, Aug. 3, 1976, unless

$ 28-1.105 Exclusions. otherwise noted.

(a) Certain Department of Justice

procurement policies and procedures Subpart 28-1.1-Introduction

which come within the scope of this

Chapter 28 may nevertheless be ex§ 28–1.101 Scope of Subpart.

cluded under special circumstances This subpart establishes the Depart such as the following: ment of Justice Procurement Regula (1) The subject matter has a security tions (JPR) as Chapter 28 of the Fed

classification. eral Procurement Regulations System

(2) The policy or procedure is ex(41 CFR Ch. 28) and states the rela

pected to be effective for a period of tionship of the JPR to the Federal

less than 6 months. Procurement Regulations (FPR), 41

(3) The policy or procedure is being CFR Ch. 1.

instituted on an experimental basis for 8 28–1.102 Purpose.

a reasonable period. The purpose of these regulations is

(4) The policy or procedure must be to provide direction, control and uni

implemented in less time than is reformity in the Department's procure

quired to incorporate it as a part of ment of personal property and nonper

this Chapter 28. sonal services (including construction). (b) Policies and procedures issued

under paragraph (a)(4) of this section $ 28-1.103 Authority.

will be codified into Chapter 28 not JPR are issued under the Federal later than 6 months from the date of Property and Administrative Services issue. Act of 1949, as amended and $$ 0.75(j)

Subpart 28-1.2-Definition of Terms

§ 28–1.205 Procuring activities.

(a) “Procuring activity” means any of the following elements of the Department of Justice:

(1) Office of Management and Fi. nance, Operations Support Staff.

(2) Drug Enforcement Administration.

(3) Federal Bureau of Investigation. (4) Federal Prison Industries.

(5) Law Enforcement Assistance Administration.

(6) U.S. Marshals Service.

(7) Immigration and Naturalization Service.

(8) Bureau of Prisons. $ 28–1.206 Head of the procuring activity.

Head of the procuring activity” means those officials identified in § 28.1.404-50(a) having the responsibility for supervision and direction of the procuring activities identified in § 281.205.

Subpart 28-1.3 (Reserved)

(5) Commissioner, Immigration and Naturalization Service.

(6) Administrator, Drug Enforcement Administration.

(7) Administrator, Law Enforcement Assistance Administration.

(8) Director, U.S. Marshals Service.

(b) In addition to the authority delegated by the Attorney General in paragraph (a) of this section, the LEAA derives procurement authority from the Omnibus Crime Control and Safe Streets Act of 1968; however, the Departmentwide procurement policy of the Attorney General must be adhered to by the LEAA. 28–1.404-51 Redelegation of contracting

officer authority. (a) The contracting officers listed in $ 28-1.404-50(a) may redelegate authority to one or more of their subordinates to act as contracting officers. Such delegated authority shall be without power of further redelegation except as follows:

(1) Contracting authority delegated by the Director, Bureau of Prisons; Commissioner, Federal Prison Industries; and the Director, U.S. Marshals Service to Regional Office heads and heads of offices of individual field installations may be further delegated to subordinate individuals at the respective regional offices and installations without power of redelegation.

(2) Contracting authority delegated by the Commissioner, Immigration and Naturalization Service to Heads of Regional Offices may be further delegated to (i) subordinate individuals to provide supply support for the Regional Office, without power of redelegation and (ii) heads of District and/or Sector Offices who may redelegate such authority to subordinate individuals without power of further redelegation.

(b) Contracting authority to other than those positions expressly identified in paragraph (a) of this section shall be redelegated only to subordinate individuals who (1) are actively engaged in procurement, (2) must function as contracting officers in the performance of their duties and (3) meet the qualification requirements of FPR 1-1.404. However, authority to make individual small purchases by

Subpart 28-1.4-Procurement Responsibility and Authority

$ 28–1.404-50 Delegation of contracting

officers. (a) Pursuant to 28 CFR 0.139(a), the authority vested in the Attorney General to execute, award and administer contracts, including purchase orders, Government bills of lading and other agreements for the expenditure of funds in the acquisition of supplies, nonpersonal services, personal services negotiated under the authority of FPR 1-3.204, for the sale of personal property and to take such actions specifically designated as the responsibili. ty of the contracting officrr by the FPR and JPR is hereby delegated to those employees appointed, designated to or acting in the following positions:

(1) Director, Operations Support Staff, Office of Management and Fi. nance.

(2) Director, Federal Bureau of Investigation.

(3) Director, Bureau of Prisons.

(4) Commissioner, Federal Prison Industries.

40-113

0–79—-11

designate other Government employ. ees to act as their authorized repre. sentative to the contractor for speci. fied purposes of contract administration. Such designation shall contain specific instructions as to the extent to which the representative has been delegated authority to take action for the contracting officer. The designation shall state that it does not include authority to sign contractual documents or to otherwise make commitments or issue changes which will affect the price, quuntity, quality or performance terms of the contract as these rights are reserved to the contracting officer. The designation may include authority such as the follow

ing:

the imprest funds (petty cash) method (FPR 1-3.604) may be delegated to subordinate individuals not actively engaged in procurement, Provided, (i) That the office(s) they serve would otherwise be without supply support for their immediate needs and (ii) that they have been adequately instructed in the regulations concerning small purchases. The redelegation of contracting authority directly to specific persons without regard for intermediate organizational levels only establishes authority to represent the Gov. ernment in its commercial business dealings. It is not intended to affect the organizational relationship between the contracting officers and higher administrative and supervisory levels in the performance of their duties.

(c) Designations to other than those positions expressly identified in paragraph (a) of this section shall be made only to individuals. Designations, whether to individuals or by position, shall be in writing and shall specifical. ly state the scope and limitation of the designated contractual authority. A copy of each designation shall be forwarded to the Assistant Attorney General for Administration Office of Management and Finance.

(d) When exercising delegated contracting authority, a designated employee shall be identified as the contracting officer and shall function within the limits prescribed by law, the FPR and JPR.

(e) A contracting officer shall maintain evidence of his delegation and scope of authority and while functioning as a contracting officer shall make such evidence available upon request by anyone.

(1) To act as liaison and to coordinate contractor/government activities.

(2) To arrange for and coordinate the use of government resources (personnel, space, documents, etc.).

(3) To provide technical guidance in the performance of the contract.

(4) To receive, review and approve (but not reject or deny), progress reports, invoices, final reports or other functions of a technical nature.

(b) Designations shall be in writing to the designee and a copy shall be furnished to the contractor. This may be accompiished by inclusion in the contract or by a separate document.

§ 28-1.404-52 Modification of contracting

officer's delegation. Designation documents shall not be modified. To effect modification, the current delegation shall be revoked and a new delegation issued. § 28–1.404-53 Contracting officer's repre

sentatives to contractors. (a) Contracting officers, other than those delegated authority to purchase only by the imprest fund (petty cash) method under $ 28-1.404-51(b), may

§ 28–1.404–54 Contracting officer's repre

sentative-receipt of supplies, equipment or services. (a) A contracting officer, other than those delegated authority to purchase only by the imprest fund (petty cash) method under $ 28-1.404-51(b). may, without notice to the contractor, designate other competent Government personnel, by name or by position and location to represent him in receiving and inspecting supplies, equipment or services. Duties such as, but not limited to, the following may be performed by these designees:

(1) The inspection and certification as to compliance with quality and quantity requirements; and

(2) Inspection of supplies and equipment for condition and quantity and the acceptance of supplies, equipment or services based on quality inspec

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