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the same contractor; attempting to to the Department of Labor and shall continue competition for new quanti. be forwarded immediately to the disties of the same item; insuring that bursing office, the address of which direct costs incurred by the contractor shall be supplied by the contracting are not subsequently borne indirectly officer responsible for administering in the form of overhead or other indi- the contract. When forwarded, the rect costs; and initially negotiating the check shall be accompanied by a letter specification and details of the con- from the contractor identifying it as a tractor's performance as specifically as voluntary refund, giving the number possible.

of the contract or contracts involved (36 FR 3054, Feb. 17, 1971, as amended at 42

and, where possible, giving the acFR 40198, Aug. 9, 1977)

count number of the appropriation to

which the refund should be credited. $ 29-1.351 Refunds from contractors.

$ 29-1.352 (Reserved] (a) General. A refund is a payment or credit, not required by any contrac § 29-1.353 Standards of conduct. tual or other legal obligation, made to

All DOL personnel engaged in activi

ALL DOL ne the Government by a contractor or

ties related to procurement shall consubcontractor. A refund is processed

duct such activities in a manner above either as a separate payment or as an

reproach in every respect. See Part 0 adjustment under one or more con

of Title 29 CFR. Transactions relating tracts or subcontracts. Refunds can be

to expenditure of public funds require made wholly at the initiative of the

the highest degree of public trust to contractor or solicited by the Depart

protect the interests of the Government. The refund could arise during

ment. See § 29-1.302 for requirements or after contract performance. It could

concerning “arms-length" dealings. be based on compensating the Government for: An overcharge to the Gov- & 29-1.354 Violations of law. ernment; failure by the contractor or

In the event DOL procurement persubcontractor to adequately compen

sonnel have reason to believe there is sate the Government for the use of Government-owned property; proceeds

evidence of a violation of law of any

nature whatsoever in bids or proposals from the disposition of contractor in

received, including a violation of the ventory; or otherwise, where retention

antitrust laws, they shall prepare, for of the money by the contractor or sub

the signature of the head of the procontractor would be contrary to good

curing activity, a complete report adconscience and equity. Prior to the so

dressed to the Solicitor. In the case of licitation of a refund or the accept

a possible violation of antitrust laws, a ance of a voluntary refund initiated by

report from procurement personnel the contractor, the head of the procur

through the same channels shall be ing activity responsible for administer

prepared for the Attorney General, ing the contract shall first obtain the

complying with the requirements of advice of the Solicitor to determine whether the Government's rights

Subpart 1-1.9 of this title. would be jeopardized or impaired by Subpart 29-1.4-Procurement the contracting officer's proposed Responsibility and Authority action.

(b) Disposition of refunds. (1) If a $29-1.400 Scope of subpart. refund is offered prior to final pay. This subpart deals with the procurement, it is preferable that the contract ment responsibility and authority of price be appropriately modified to re- the head of the agency as defined in flect the refund. In such a case, the $ 29-1.204, and also the head of the amount of the refund shall be credited procuring activity and contracting ofto the applicable appropriation cited ficer, the selection of the latter, their in the contract.

designation and the degree and (2) In cases where the refund is to be manner with which procurement aumade by check separate from, rather thority is delegated to them and their than by an adjustment in, the contract right of redelegation. price. the check shall be made payable (38 FR 15964, June 19, 1973]

$ 29-1.401 Responsibility of the head of

the procuring activity. (a) First tier delegation. In the DOL, contracting officer and grant officer authority and procurement responsibility have been delegated from the Secretary of Labor through the Assistant Secretary for Administration and Management to the following officials or officers acting in their behalf:

(1) The Assistant Secretary for Employment and Training.

(2) The Assistant Secretary for OCcupational Safety and Health

(3) The Assistant Secretary for Employment Standards.

(4) The Deputy Under Secretary for International Affairs.

(5) The Commissioner of Labor Statistics.

(6) The Regional AdministratorsOffice of the Assistant Secretary for Administration and Management (OASAM).

(7) The Director, Administrative Programs and Services, OASAM.

(b) Delegations and limitations. Except for the restrictions set forth in § 291.401 (c)(5)(ii), the delegations noted in paragraph (a) of this section may be further redelegated within limitations by these officers within their respective areas of assigned responsibility. However, prior to such redelegations, contracting officers should consider the following factors to determine the extent to which authority should be redelegated: Volume of procurement programs; presence of, or capability of obtaining adequately trained personnel; consolidation of smaller procurement programs and offices on a geographical basis; and the overall strengthening of the procurement process by the selection of qualified personnel. In accordance with $ 291.404-2, copies of every further redelegation must be furnished to the Assistant Secretary for Administration and Management, Attention: ABA.

(c) Responsibilities. The responsibilities of the delegations above are described as follows:

(1) The Assistant Secretary for Employment and Training, or an officer acting in that capacity, is assigned the responsibility for procurement and the

issuance of grants for program property and services, except as otherwise delegated under paragraph (c)(7) fo this section, required to fulfill the statutory and regulatory responsibilities imposed on the Assistant Secretary for Employment and Training.

(2) The Assistant Secretary for Occupational Safety and Health, or an offi. cer acting in that capacity, is assigned the following responsibilities:

(i) Reimbursement to States, pursuant to section 7(c)(1) of the Occupational Safety and Health Act of 1970, as amended (Pub. L. 91-596, 84 Stat. 1590), for services, facilities, and personnel of the States used to carry out the statutory and regulatory responsibilities imposed on the Assistant Secretary for Occupational Safety and Health.

(ii) Reimbursement to States, pursuant to section 7(c)(1) of the Occupational Safety and Health Act of 1970, as amended (Pub. L. 91-596, 84 Stat. 1590), for services facilities, and personnel of the States used to carry out the statutory and regulatory responsibilities imposed on the Assistant Secretary for Occupational Safety and Health.

(iii) Issuance of grants, pursuant to section 21(b) of the Act, for the conduct of short-term training of personnel.

(3) The Assistant Secretary for Employment Standards, or an officer acting in that capacity, is assigned the responsibility for medical supplies and services required under the Federal Coal Mine Health and Safety Act of 1969, as amended (Pub. L. 91-173, 84 Stat. 742).

(4) The Deputy Under Secretary for International Affairs, or an officer acting in that capacity, is assigned the responsibility for procurement of supplies and services, except as otherwise delegated under paragraph (c)(7) of this section, required for economic research services in support of foreign economic and trade policy formulation: training and orienation of foreign nationals; and overseas exhibitions required to fulfill the statutory and reg. ulatory responsibilities imposed on the Deputy Under Secretary for International Affairs.

(5) The Commissioner of Labor Sta. (i) Procurement of all property and tistics, or an officer acting in that ca- srvices required for the operation of pacity, is assigned the following re- the DOL, and program-related propersponsibilities:

ty and services not specifically delegat(i) Procurement of statistical and ed to other officials in paragraphs (c) economics research services, including (1), (2), (3), (4), (5), and (6) fo this secgrants, except for those delegated tion. under paragraph (c)(7) of this section, (ii) Procurement of all supplies and required to fulfill the statutory and services, including program-related, regulatory responsibilities imposed on through the imprest fund and from the Commissioner of Labor Statistics. GSA Federal Supply Schedules re

(ii) Procurement needed for oper- quired for the DOL National Office, ation of the National Office of the except for authority delegated in Bureau of Labor Statistics: (A) Using § 29.1.401(c)(5); and the purchases of FEDSTRIP for General Servicxes Ad

advertising required for the DOL Naministration (GSA) common cataloged tional Office. and supplied office furnishings, equip

(iii) Procurement of all automatic ment, and supplies; (B) using GSA

data processing (ADP) hardware and Federal Supply Schedule contracts for

software for the DOL National Office, all items except automatic data proc

only with prior approval from the Diessing (ADP) hardware and software,

rector, Office of Grants, Procurement office copiers, and ADP communica

and ADP Management Policy, tion devices; and (C) using the imprest

OASAM. fund for small purchase items in ac

(8) The Director Office of Grants, cordance with § 29-3.604. This authori

Procurement and ADP Management ty may be redelegated only to officials

Policy, OASAM, or an officer acting in in the National Office.

that capacity, is assigned the following (iii) Sale of special statistics devel

devel. responsibilities: oped by the Bureau of Labor Statistics

(i) Developing and publishing dein accordance with the Act of April 13. partmentwide procurement and grant 1934 (29 U.S.C., 9 (1970).

· regulations, guidelines, and policies. (6) The Regional Administrators

(ii) Reviewing and evaluating adminOASAM, or officers acting in that ca

istrative adequacy of the Departpacity, are assigned the following re

ment's procurement and grant oper

ations. sponsibilities within their respective

(iii) Providing technical advice and regions:

assistance to those DOL officials and (i) Procurement of property and services required for the regional of

officers delegated procurement and

grant responsibiliites. This includes infices, including all imprest fund pur

terpreting the Federal Procurement cliases and GSA Federal Supply

Regulations as they apply to the DeSchedule purchases. Purchases of

partment's procurement operations, office machines, e.g., typewriters,

and obtaining the advice of the Soliciadding machines, and calculators,

tor as required. must be written against blanket purchase orders maintained for such [42 FR 40198, Aug. 9, 1977) equipment by the Director, Administrative Programs and Services. $29-1.402 Authority of contracting offiOASAM.

cers. (ii) Procurement of all automatic Contracting officers, in the DOL, data processing (ADP) hardware and within the limits of their contracting software for the regional offices, with officer delegation; have the responsiprior approval from the Director, bility and the authority for: Office of Grants, Procurement and (a) Executing and administering conADP Management Policy.

tracts in such a manner as to safe(7) The Director Administrative Pro- guard the interest of the United grams and Services, OASAM, or and States in contractual relationships and officer acting in that capacity, is as- making necessary determinations and signed the following responsibilities: findings under contracts;

(b) Providing the contractor written & 29-1.404-50 Modification of authority. notice as provided in $ 29-1.450 of the

To effect modification of a contractname of the contracting officer's representative or any “on-site" or other

ing officer's authority, a new designatechnical representative either desig

tion (appointment) shall be issued renated to provide technical surveillance

voking the present appointment. of the work being performed at a par- [42 FR 40199, Aug. 9, 1977) ticular site or any other service in behalf of the contracting officer and $ 29-1.404-51 Continuity of responsibility. the extent of such representative's au Designated contracting officers who thority.

relieve or succeed previously designat(c) Using standard contract forms, ed contracting officers will assume rewhen required by the FPR and sponsibility for the administration of DOLPR;

contracts entered into by the previous(d) Obtaining all necessary appro ly designated contracting officers. vals and otherwise complying with ap- Each contracting officer succession replicable contracting directives;

quires a new written designation. (e) Personally signing all contracts and modifications entered into by $ 29-1.405 Ratification of unauthorized them in accordance with § 29-1.303;

contract awards. (f) Exercising care, skill, and judg. Except in compliance with the ratifiment in all of their actions;

cation limitation of § 1-1.405 of this (g) Assuring that funds are available title, no liability shall be incurred by and that their actions are within the the Government as a result of any inscope of their authority;

dividual's entry into any informal or (h) Maintaining necessary review unauthorized arrangement for the rewith respect to contract performance imbursement of a contractor's preconon the part of the contractor;

tract or anticipatory costs, even if (i) Securing where required, the such costs were incurred by the conadvice of legal, technical, and adminis- tractor while "proceeding at the contrative staffs of DOL as to the suffi. tractor's own risk,” until the occurring ciency of contracts prior to their ex- of some contingency, e.g., "subject to ecution;

the availability of funds." (j) Initiating any appropriate action

[38 FR 15964, June 19, 1973] necessary to properly assure satisfactory contract performance.

§ 29-1.450 Contracting officers representa(36 FR 3054, Feb. 17, 1971, as amended at 42 tives. FR 40199, Aug. 9, 1977)

(a) Contracting officers may desig

nate other Government employees to $ 29-1.404 Selection, designation, and ter

act as their authorized representatives mination of designation of contracting

for certain specific purposes of conofficers.

tract administration. Such designation

shall be in writing and shall contain $ 29-1.404-1 Selection.

specific instructions as to the extent All selections of individuals shall be to which the representative has been made with care and on the basis of cri- delegated authority to take action for teria set out in § 1-1.404-1 of this title. the contracting officer. Such designa

tion shall not contain authority to $ 29-1.404-2 Designation.

sign contractual documents. Such desAll designations and terminations of ignation may include authority for the designations of contracting officers review and approval of all or some of shall be made in writing with two the following: The preliminary apcopies forwarded to the Assistant Sec proach to contract performance, a reretary for Administration and Man: search plan, research techniques, agement, who shall maintain a file of progress reports, invoices, and final reall employees currently designated to ports, and/or other functions of a act as contracting officers and of the technical nature not involving a instruments of their designation. change in the scope, price, terms, or

(1) Preliminary approaches in the work scope.

(2) The research plan in a research, development or evaluation contract.

(3) Research techniques.
(4) Progress reports.
(5) Invoices.

(6) Final reports.
(36 FR 3054, Feb. 17, 1971, as amended at 42
FR 40199, Aug. 9, 1977)

$ 29-1.451 (Reserved)

conditions of the contract or order. The designation of the contracting officer's representative and the responsibilities delegated to that official shall be made known to the contractor, in writing, as set forth in paragraph (c) of this section, preferably by including it in the contract at time of award. However, if the designation is not known at the time of award, it should be included, when known, in the contract by amendment. Letter notice, while permissible, is nevertheless not as desirable as notice that becomes part of the contract.

(b) A person assigned to a procurement office and performing primary duties in a position within a procurement office, and under the supervision of a contracting officer, does not require written designation as a representative of the contracting officer nor designation in a contractual document to perform assigned duties. Such a person is considered to be an employee of the contracting officer, acting in the latter's behalf and, as such, has the authority and responsibility to perform, under the terms and conditions of employment, and to act as assigned by the contracting officer. The contracting officer, however, shall not authorize such an employee, acting as a representative fo the contracting officer, to sign any contractual document or letter in those instances where the signature of a contracting officer is required.

(c) The contracting officer shall use a contract clause substantially similar to the one below to make known his designation of a representative and shall include in such designation authority to perform those administrative actions in (b) of the clause as may be applicable.

IDENTITY AND AUTHORITY OF THE CONTRACTING OFFICER'S REPRESENTATIVE (a) The authorized representative of the contracting officer is -whose authority to act on behalf of the contracting officer is limited to the extent set forth in (b) below. Under no circumstances is

--- authorized to sign any contractual documents or approve any alteration to the contract involv. ing a change in the scope, price, terms or conditions of the contract or order. (b) -- -

-- is authorized to review and approve:

$ 29-1.452 Responsibility of procurement

officials to question requirements and reaffirm their validity. Procurement officials are responsible for questioning the need for and the validity of any contemplated procurement action particularly under any of the circumstances described below:

(a) Where requisitions for unusually large quantities of an item or requisitions for untimely or otherwise unusual purchases are received immediately prior to the end of the fiscal year in which the funds may be obligated (“June Buying”).

(b) Where the request for procurement of goods and services requires development by the supplier of a special item when suitable off-the-shelf items are available.

(c) Where the specification furnished by the using activity appears to be either more or less restrictive than necessary to assure satisfactory performance for the purpose for which the item is being procured.

(d) Where sufficient quality-assurance offered by the supplier's data appears to be lacking.

(e) Where award on a proposed procurement has been prolonged to the extent of raising a question as to its ultimate need.

(f) Where during the processing of the procurement the description of the supplies or services or the delivery schedule or quantity continue to undergo change or matters are otherwise disclosed which raise a question as the necessity for the requirement or, at least, its magnitude, in the form being procured.

(g) Where the procurement appears to delegate, to contractors and others, any of those decision-making responsibilities or prerogatives of the Govern

40-113 079—-12

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