(c) Contracting Officers are responsible for the legal, technical, and administrative sufficiency of the contracts they make. To this end, they shall secure legal, technical, and financial advice as necessary for the proper execution of their duties.

(d) Contracting officers will request, from the official (s) responsible for initiating a requirement, a statement of justification to substantiate in the contract file instances where requirements are forwarded to the contracting officer in insufficient time to preclude delinquency in delivery or uneconomical prices.

Personnel, other than the contracting officer, who determine type, quality, quantity, and delivery requirements for items to be purchased:

(a) Can influence the degree of competition obtainable as well as having a material effect upon price and

(b) Must finalize requirements in sufficient time to preclude causing delinquency in delivery or uneconomical prices, by insuring that there is:

(1) A reasonable period for preparation of procurement documents; or

(2) A reasonable period for preparation of offerors submission; or

(3) Sufficient time for contract negotiation and preparation; or (4) Adequate delivery time. § 12B-75.103

resentatives.

Contracting Officers' rep

(a) A contracting Officer may designate qualified Coast Guard military and civilian personnel of not less than 21 years of age as his authorized representatives. Such designation shall be in writing and shall define the scope and limitations of the authorized representative's authority.

(b) A designation may be made by instructions referring to a particular contractual instrument or categories of instruments and may empower the authorized representative to take any or all action thereunder which could lawfully be taken by the Contracting Officer to the extent not specifically prohibited by the terms of the contractual instrument involved. In no event shall an authorized representative, by virtue only of his designation as such, be empowered to ex

ecute or agree to any contract or modification thereof; any powers which a Contracting Officer has authority to delegate must be specifically included as a part of, or supplemental to, the designation.

(1) A Contracting Officer may empower his authorized representative, without redelegation of contracting authority, to issue change orders within the general scope of the contract provided such change orders do not involve a change in unit price, total contract price, quantity, quality, or delivery schedule. Deviations from this policy require approval of the chief officer responsible for procurement. Request for such deviations will set forth in detail the scope and limitations of authority which it is desired to delegate.

(2) A Contracting Officer may assign administration of a specific contractual instrument to another Contracting Officer, provided the assignee Contracting Officer's delegated authority permits, and the contractor shall be so notified. Such an assignment shall define the extent to which part or all of the original Contracting Officer's authority is transferred but shall not pass on to the successor any authorities which would exceed the limitations imposed on the successor by existing directives.

§ 12B-75.104 Responsibility for assuring the availability of funds.

Prior to the incurrence of an obligation, Contracting Officers shall assure themselves that adequate funds are available.

§ 12B-75.105 Standards of conduct.

All personnel engaged in procurement and related activities shall conduct business dealing with industry in a manner above reproach in every respect. Transactions relating to expenditure of public funds require the highest degree of public trust to protect the interest of the Government. While many Federal laws and regulations place restrictions on the actions of Governmental personnel, the latter's official conduct must, in addition, be such that the individual would have reticence about making a public disclosure thereof.

no

Subpart 12B-75.2-Designation of Contracting Officers

§ 12B-75.200 Scope of subpart.

This subpart sets forth specific designations as Contracting Officers, redelegation authorities and limitations therefor. § 12B-75.201 Designation of Contracting Officers.

(a) Chief officer responsible for procurement. In addition to the designations set forth in this section, the chief officer responsible for procurement may designate qualified employees of the Coast Guard as contracting officers within the monetary and other limitations he deems appropriate. These limitations shall be specifically set forth in the designation of authority.

(b) Coast Guard Headquarters. The Chief and the Assistant Chief of the Contract Management Branch, Procurement Division are designated as contracting officers for all types of contracts.

(c) Field units. Each District Commander and each Commanding Officer of a Headquarter's unit is designated as a contracting officer for all contracts, except cost-reimbursement type contracts. This designation includes the authority to delegate this authority, at his discretion, to officers assigned to finance and supply and to qualified civilian employees, assigned within his command, who are at least 21 years of age. The chief officer responsible for procurement may delegate authority in excess of the limitations imposed by this chapter. [35 F.R. 12654, Aug. 8, 1970]

Part

13-1 General.

13-1.008 Agency implementation. 13-1.008-1 Suffixes.

13-1.009 Deviations.

AUTHORITY: The provisions of this Part 13-1 issued under 63 Stat. 377, as amended; 41 U.S.C. 201 note; Department Order 134 (Revised).

SOURCE: The provisions of this Part 13-1 appear at 31 F.R. 11885, Sept. 9, 1966, unless otherwise noted.

§ 13-1.000 Scope of part.

This part establishes a system of procurement regulations and procedures applicable to procurement of personal property and nonpersonal services (including construction) by the Department of Commerce. This system is based upon the Federal Property and Administrative

66-091-7249

Services Act of 1949, and is comprised of the Federal Procurement Regulations (referred to herein as FPR), and the Commerce Procurement Regulations (referred to herein as COMPR), which are hereby established. This part describes the method by which the Commerce Department implements, supplements, and may deviate from the FPR, and sets forth policies and procedures which implement and supplement the FPR.

Subpart 13-1.0-Introduction

§ 13-1.001 Scope of subpart.

This subpart sets forth introductory information pertaining to the Commerce Procurement Regulations (herein identified as COMPR). It explains the purpose of the COMPR, the authority under which they are issued, their relationship to the Federal Procurement Regulations, and their applicability, method of issuance, exclusions, and arrangements. It also outlines procedures for implementing, supplementing, and deviating from the FPR.

(a) The Department of Commerce Procurement Regulations (COMPR) are prescribed pursuant to Title III of the Federal Property and Administrative Services Act of 1949 (63 Stat. 377), as amended, and the authority delegated to the Assistant Secretary for Administration in Department Order 134 (Revised).

(b) Procurement instructions and procedures which are necessary to implement, supplement, or deviate from the FPR, will be issued in the COMPR by the Office of Administrative Services, Office of the Secretary, when necessary to accomplish Commerce Department procurement objectives.

§ 13-1.004 Applicability. § 13-1.004-1

[Reserved]

§ 13-1.004-2 Relationship to the FPR.

Material published in the FPR which has Government-wide applicability, becomes effective throughout the Commerce Department upon the effective date cited in the particular FPR material. Such material generally will not be repeated, paraphrased, or otherwise stated in COMPR except to the extent necessary to supplement, implement, or deviate from the FPR.

§ 13-1.004-3 Description.

The meaning of COMPR "implementation,' "supplementation," and "deviation" from the FPR includes the following:

(a) "Implementation" means a part, subpart, section, etc., which treats the policies and procedures of a similarly numbered portion of the FPR in greater detail or indicates the manner of compliance, including any deviations. However, material in this Chapter 13 which differs from material in Chapter 1 of this title (FPR) shall be regarded as a deviation only if explicitly referenced to be a deviation.

(b) "Supplementation" means COMPR coverage of matters which have no counterpart in the FPR.

(c) "Deviation" is defined in FPR 1-1.009-1.

§ 13-1.004-4 Interim applications.

The regulations in this chapter apply to all Department of Commerce procurement actions, within and outside the United States, except as otherwise specified herein; however, existing Depart

Department of Commerce Procurement Regulations which basically or significantly implement, supplement or deviate from the Federal Procurement Regulations, Chapter 1 of this title of the Code of Federal Regulations, will be published as this Chapter 13 of Title 41, Code of Federal Regulations.

§ 13-1.006-2 Publication.

This Chapter 13 of Title 41, Code of Federal Regulations will be published in the daily issues of the FEDERAL REGISTER, and in cumulated form in the Code of Federal Regulations.

§ 13-1.006-3 Copies.

Copies of the Department of Commerce Procurement Regulations in the FEDERAL REGISTER and the Code of Federal Regulations form may be purchased by Federal agencies and the public, at nominal cost from the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402.