the same contractor; attempting to continue competition for new quantities of the same item; insuring that direct costs incurred by the contractor are not subsequently borne indirectly in the form of overhead or other indirect costs; and initially negotiating the specification and details of the contractor's performance as specifically as possible.

[36 FR 3054, Feb. 17, 1971, as amended at 42 FR 40198, Aug. 9, 1977]

§ 29-1.351 Refunds from contractors.

(a) General. A refund is a payment or credit, not required by any contractual or other legal obligation, made to the Government by a contractor or subcontractor. A refund is processed either as a separate payment or as an adjustment under one or more contracts or subcontracts. Refunds can be made wholly at the initiative of the contractor or solicited by the Department. The refund could arise during or after contract performance. It could be based on compensating the Government for: An overcharge to the Government; failure by the contractor or subcontractor to adequately compensate the Government for the use of Government-owned property; proceeds from the disposition of contractor inventory; or otherwise, where retention of the money by the contractor or subcontractor would be contrary to good conscience and equity. Prior to the solicitation of a refund or the acceptance of a voluntary refund initiated by the contractor, the head of the procuring activity responsible for administering the contract shall first obtain the advice of the Solicitor to determine whether the Government's rights would be jeopardized or impaired by the contracting officer's proposed action.

(b) Disposition of refunds. (1) If a refund is offered prior to final payment, it is preferable that the contract price be appropriately modified to reflect the refund. In such a case, the amount of the refund shall be credited to the applicable appropriation cited in the contract.

(2) In cases where the refund is to be made by check separate from, rather than by an adjustment in, the contract price, the check shall be made payable

to the Department of Labor and shall be forwarded immediately to the disbursing office, the address of which shall be supplied by the contracting officer responsible for administering the contract. When forwarded, the check shall be accompanied by a letter from the contractor identifying it as a voluntary refund, giving the number of the contract or contracts involved and, where possible, giving the account number of the appropriation to which the refund should be credited. § 29-1.352 [Reserved]

§ 29-1.353 Standards of conduct.

All DOL personnel engaged in activities related to procurement shall conduct such activities in a manner above reproach in every respect. See Part 0 of Title 29 CFR. Transactions relating to expenditure of public funds require the highest degree of public trust to protect the interests of the Government. See § 29-1.302 for requirements concerning "arms-length" dealings.

§ 29-1.354 Violations of law.

In the event DOL procurement personnel have reason to believe there is evidence of a violation of law of any nature whatsoever in bids or proposals received, including a violation of the antitrust laws, they shall prepare, for the signature of the head of the procuring activity, a complete report addressed to the Solicitor. In the case of a possible violation of antitrust laws, a report from procurement personnel through the same channels shall be prepared for the Attorney General, complying with the requirements of Subpart 1-1.9 of this title.

Subpart 29-1.4—Procurement
Responsibility and Authority

§ 29-1.400 Scope of subpart.

This subpart deals with the procurement responsibility and authority of the head of the agency as defined in § 29-1.204, and also the head of the procuring activity and contracting officer, the selection of the latter, their designation and the degree and manner with which procurement authority is delegated to them and their right of redelegation.

[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).

Administrative

(7) The Director, 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 officer 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.

or

(3) The Assistant Secretary for Employment Standards, 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 regulatory responsibilities imposed on the Deputy Under Secretary for International Affairs.

(5) The Commissioner of Labor Statistics, or an officer acting in that capacity, is assigned the following responsibilities:

(i) Procurement of statistical and economics research services, including grants, except for those delegated under paragraph (c)(7) of this section, required to fulfill the statutory and regulatory responsibilities imposed on the Commissioner of Labor Statistics.

(ii) Procurement needed for operation of the National Office of the Bureau of Labor Statistics: (A) Using FEDSTRIP for General Servicxes Administration (GSA) common cataloged and supplied office furnishings, equipment, and supplies; (B) using GSA Federal Supply Schedule contracts for all items except automatic data processing (ADP) hardware and software, office copiers, and ADP communication devices; and (C) using the imprest fund for small purchase items in accordance with § 29-3.604. This authority may be redelegated only to officials in the National Office.

(iii) Sale of special statistics developed by the Bureau of Labor Statistics in accordance with the Act of April 13, 1934 (29 U.S.C., 9 (1970)).

(6) The Regional AdministratorsOASAM, or officers acting in that capacity, are assigned the following responsibilities within their respective regions:

(i) Procurement of property and services required for the regional offices, including all imprest fund purchases and GSA Federal Supply Schedule purchases. Purchases of office machines, e.g., typewriters, adding machines, and calculators, must be written against blanket purchase orders maintained for such equipment by the Director, Administrative Programs and Services, OASAM.

(ii) Procurement of all automatic data processing (ADP) hardware and software for the regional offices, with prior approval from the Director, Office of Grants, Procurement and ADP Management Policy.

(7) The Director Administrative Programs and Services, OASAM, or and officer acting in that capacity, is assigned the following responsibilities:

(i) Procurement of all property and srvices required for the operation of the DOL, and program-related property and services not specifically delegated to other officials in paragraphs (c) (1), (2), (3), (4), (5), and (6) fo this section.

(ii) Procurement of all supplies and services, including program-related, through the imprest fund and from GSA Federal Supply Schedules required for the DOL National Office, except for authority delegated in § 29.1.401(c)(5); and the purchases of advertising required for the DOL National Office.

(iii) Procurement of all automatic data processing (ADP) hardware and software for the DOL National Office, only with prior approval from the Director, Office of Grants, Procurement and ADP Management Policy, OASAM.

(8) The Director Office of Grants, Procurement and ADP Management Policy, OASAM, or an officer acting in that capacity, is assigned the following responsibilities:

(i) Developing and publishing departmentwide procurement and grant regulations, guidelines, and policies. (ii) Reviewing and evaluating administrative adequacy of the Department's procurement and grant operations.

(iii) Providing technical advice and assistance to those DOL officials and officers delegated procurement and grant responsibiliites. This includes interpreting the Federal Procurement Regulations as they apply to the Department's procurement operations, and obtaining the advice of the Solicitor as required.

[42 FR 40198, Aug. 9, 1977]

§ 29-1.402 Authority of contracting offi

cers.

Contracting officers, in the DOL, within the limits of their contracting officer delegation; have the responsibility and the authority for:

(a) Executing and administering contracts in such a manner as to safeguard the interest of the United States in contractual relationships and making necessary determinations and findings under contracts;

(b) Providing the contractor written notice as provided in § 29-1.450 of the name of the contracting officer's representative or any "on-site" or other technical representative either designated to provide technical surveillance of the work being performed at a particular site or any other service in behalf of the contracting officer and the extent of such representative's authority.

(c) Using standard contract forms, when required by the FPR and

DOLPR;

(d) Obtaining all necessary approvals and otherwise complying with applicable contracting directives;

(e) Personally signing all contracts and modifications entered into by them in accordance with § 29-1.303;

(f) Exercising care, skill, and judgment in all of their actions;

(g) Assuring that funds are available and that their actions are within the scope of their authority;

(h) Maintaining necessary review with respect to contract performance on the part of the contractor;

(i) Securing where required, the advice of legal, technical, and administrative staffs of DOL as to the sufficiency of contracts prior to their execution;

(j) Initiating any appropriate action necessary to properly assure satisfactory contract performance.

[36 FR 3054, Feb. 17, 1971, as amended at 42 FR 40199, Aug. 9, 1977]

§ 29-1.404 Selection, designation, and termination of designation of contracting officers.

§ 29-1.404-1 Selection.

All selections of individuals shall be made with care and on the basis of criteria set out in § 1-1.404-1 of this title.

§ 29-1.404-2 Designation.

All designations and terminations of designations of contracting officers shall be made in writing with two copies forwarded to the Assistant Secretary for Administration and Management, who shall maintain a file of all employees currently designated to act as contracting officers and of the instruments of their designation.

§ 29-1.404-50 Modification of authority.

To effect modification of a contracting officer's authority, a new designation (appointment) shall be issued revoking the present appointment.

[42 FR 40199, Aug. 9, 1977]

§ 29-1.404-51 Continuity of responsibility. Designated contracting officers who relieve or succeed previously designated contracting officers will assume responsibility for the administration of contracts entered into by the previously designated contracting officers. Each contracting officer succession requires a new written designation.

§ 29-1.405 Ratification of unauthorized contract awards.

Except in compliance with the ratification limitation of § 1-1.405 of this title, no liability shall be incurred by the Government as a result of any individual's entry into any informal or unauthorized arrangement for the reimbursement of a contractor's precontract or anticipatory costs, even if such costs were incurred by the contractor while "proceeding at the contractor's own risk," until the occurring of some contingency, e.g., "subject to the availability of funds.'

[38 FR 15964, June 19, 1973]

§ 29-1.450 Contracting officers representatives.

(a) Contracting officers may designate other Government employees to act as their authorized representatives for certain specific purposes of contract administration. Such designation shall be in writing and shall contain specific instructions as to the extent to which the representative has been delegated authority to take action for the contracting officer. Such designation shall not contain authority to sign contractual documents. Such designation may include authority for the review and approval of all or some of the following: The preliminary approach to contract performance, a research plan, research techniques, progress reports, invoices, and final reports, and/or other functions of a technical nature not involving a change in the scope, price, terms, or

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 involving a change in the scope, price, terms or conditions of the contract or order. (b)

thorized to review and approve:

is au

§ 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 to 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