document to perform his assigned duties. Such a person is considered to be an employee of the contracting officer, acting in his behalf and as such has the inherent authority to perform acts as assigned by the contracting officer. The contracting officer cannot authorize his employees to sign any contractual document or letter where the signature of a contracting officer is required.

[29 F.R. 9565, July 21, 1964, as amended at 29 F.R. 15257, Nov. 13, 1964]

§ 1001.452 Designation of contracting officers (See § 1001.454).

The base procurement function will be consolidated under one office at all bases and activities. Authorized exceptions to this policy are §§ 1004.2102(a) and 1004.2103 of this subchapter.

[29 F.R. 9765, July 21, 1964]

§ 1001.453 Delegations of authority.

Delegations of authority with respect to procurement are described in subsequent sections of this subpart. In addition to limitations and conditions applicable to individual delegations and included therewith, the provisions of the paragraphs set forth in this section apply to all delegations of procurement authority and are published in this section to eliminate their repetition.

(a) The exercise of the delegated authorities will be subject to the applicable provisions of Chapter I of this title, this subchapter, and other directives issued by proper authority, except that emergency procurements in combat areas or areas subject to hostile fire will be accomplished in the manner prescribed by the commander of the combat theatre or by the commander of the major air command responsible for logistic support of AF units involved. The provisions of Chapter I of this title and this subchapter apply to procurement in oversea areas for Government and Relief in Occupied Areas (GARIOA) chargeable to annual appropriations for such purposes.

(b) All redelegations of authority as well as withdrawals or rescissions thereof will be made in writing over the personal signature and title of the person vested with the authority. Delegations and redelegations will be made to official positions and not to individuals by name, except in the case of designations of contracting officers and representatives of contracting officers.

(c) Delegations of authority do not affect the authority of the delegator to

exercise any of the authority delegated or to issue instructions concerning the exercise of such authority.

(d) Authorities delegated by the Deputy Chief of Staff, Procurement and Production, Hq AFSC, and the Director of Procurement and Production, Hq AFLC, may not be redelegated except as expressly provided in individual authorizations.

(e) Delegations of authority to air attachés may be exercised only by air attachés on duty in foreign countries. Delegations of authority to chiefs of AF foreign missions or chiefs of AF sections of joint military missions may be exercised only when the missions are not operating under the jurisdiction of an oversea command.

(f) Procurement authorities vested in commanders, major air commands, are likewise vested in the Commander, Military Air Transport Service. Procurement authorities vested in commanders, oversea commands are likewise vested in the Commander, Military Air Transport Service, and the Commander-inChief, Strategic Air Command, with respect to areas outside the continental United States and not within the jurisdiction of a major air command.

(g) [Reserved]

(h) In the absence of a person occupying a position to which authority has been delegated, the authority may be exercised by the person who is occupying the position in an "acting" capacity. "Absence" refers to absence from the installation on leave or temporary duty travel. In cases of extreme emergency "absence" may be construed to mean absence from the office regardless of whereabouts, except redelegations of authority which must be accomplished by the person occupying the position to which authority has been delegated.

(i) Approval of awards and manual approval of contracts authorized by delegations of authority will be made in person by the individual occupying the position to which the authority has been delegated. Execution of such approval by one individual for, or over the signature of, another is unauthorized. Persons serving in an acting capacity will execute authority, as delegated, over their own name as acting chief, deputy chief, etc. Awards and contractual instruments in excess of the contracting officer's authority which require approval by higher authority will be re

viewed by competent persons prior to manual approval.

(j) In the event that a person acts without the requisite authority, his action may, under certain circumstances, be later ratified.

(1) Purchases involving $2,500 or less, made by persons to whom requisite authority has not been delegated, may be ratified in the case of persons under the jurisdiction of (i) the major air commands (other than AFLC and AFSC) by the commander of the respective major air command with power of redelegation to the DCS/materiel or comEparable office within the major air command headquarters, and (ii) AFLC and AFSC by the commanders of the first echelon of command immediately subordinate to Hq AFLC and AFSC.

Each

such transaction will be submitted for review and possible ratification according to the following procedures:

(a) A statement of all pertinent facts E of the transaction, accompanied by a file of all relevant documents and records, will be forwarded (over the signature of the base commander or officer who has command over the installation in which the unauthorized act occurred) to the DCS/materiel or equivalent staff office of the respective major air command or to the AFLC or AFSC activity delegated the ratification authority. Cases involving tenant organizations will be forwarded to the major air command to which the tenant is assigned. The stateIment will include description of any disciplinary action taken or an explanation why none was considered necessary and a description of action taken to prevent recurrence of the unauthorized act. In the case of tenant organizations or nontenant individual not under the jurisdiction of the installation commander, a statement pertaining to disciplinary action will be furnished by the appropriate commander. The individual having committed the unauthorized act will be responsible for furnishing to the contracting officer all the pertinent facts, records, and documentation concerning the transaction. The contracting officer will be responsible for: (1) Reviewing and determining adequacy of all facts, records, and documentation furnished; (2) preparing the statement of facts; and (3) obtaining approval as to legal sufficiency from the local staff judge advocate as to whether the transaction is ratifiable or whether the matter should be processed under Part 17 of this title

(Public Law 85-804) or as a GAO claim; (4) stating whether the price(s) involved are considered fair and reasonable.

(b) The procurement staff officer within the DCS/materiel or equivalent staff office of the respective major air command or the procurement staff office designated by the individual responsible for ratification at the AFLC or AFSC activity, will review the file, obtain any additional evidence required including approval as to legal sufficiency by the staff judge advocate, and prepare a recommendation as to whether the transaction should be ratified stating reasons therefor. Advice against ratification will include a recommendation as to whether the matter should be processed under Part 17 of this title (Public Law 85804) or as a GAO claim. The complete file will be forwarded to the individual responsible for ratification as indicated in this subparagraph.

(c) When the complete file is received by the individual responsible for ratification, he may ratify if he deems it in the best interest of the Government. However, no transaction will be ratified that would not otherwise have been valid if made by a properly authorized contracting officer.

(d) The individuals responsible for ratification in the major air commands (other than AFSC), and AFLC activities will advise AFLC (MCPP), and the commanders of AFSC activities will advise AFSC (SCKP), of each transaction submitted for review under this subparagraph (1), indicating whether or not the transaction was ratified. This written notification should identify the base involved, the commodity or service procured, and the dollar amount of the transaction.

(2) Purchases involving more than $2,500 made by persons to whom requisite authority has not been delegated may be ratified only by the Director of Procurement and Production at Hq AFLC, or the Deputy Chief of Staff, Procurement and Production at Hq AFSC. Commanders will cause to be prepared the material and information required by subparagraph (1) of this paragraph and forwarded to AFLC (MCPKA), or AFSC (SCKP), as appropriate. All such transactions must be reviewed by the Staff Judge Advocate, Hq AFLC or Hq AFSC, as appropriate. The Director of Procurement and Production, Hq AFLC, and the Director of Procurement, Hq AFSC, will inform the Director of Pro

curement Policy, Hq USAF, of each transaction submitted for review under this subparagraph indicating whether or not the transaction was ratified.

(3) Transactions which have been ratified will be forwarded to the appropriate contracting office for issuance of a purchase order or contract for payment purposes, citing 10 U.S.C. 2304 (a) (3) if $2,500 or less, 10 U.S.C. 2304(a) (10) if more than $2,500, or other negotiation authority, if appropriate.

(4) Contracting officers do not have the authority to ratify unauthorized acts (§ 1001.457(a) (13)).

(k) Authority to make awards and execute or approve contracts applies only when such documents include all prescribed clauses approved for use by the Deputy Chief of Staff, Procurement and Production, Hq AFSC, or the Director of Procurement and Production, Hq AFLC, or higher authority.

(1) When contracting authority is limited as to dollar amount, the limitation includes:

(1) Any contractual instrument initially involving a sum in excess of the dollar limitation considering the aggregate of obligated and committed funds and any potential “connecting charges” or "termination liability" established therein.

(2) Contracts firmly negotiated for the total cost of the program, as stated therein, but which are funded for less than the total cost of the program as firmly negotiated.

(3) Requirements and indefinite quantity contracts as defined in § 3.409 of this title and § 1003.409 of this subchapter and call procurement arrangements as defined in § 1003.409-50 of this subchapter when maximum requirements are set forth (in such cases the maximum requirements will be contained in the call procurement arrangements as the estimated dollar amount of supplies or services to be procured during the contract period), even though no funds are committed or obligated thereby. Such contracts are required to include on their face as an administrative recital a bona fide estimate of such aggregate amount.

(4) Any contractual instrument in excess of the dollar limitation that increases the allotment of funds for reimbursement under a cost-reimbursement or time-and-materials type of contract.

(5) Any contractual instrument, regardless of total contract consideration,

which accomplishes a change that would increase the cost to the Government by more than the dollar limitation were there not offsetting credits provided in the same contractual instrument.

(6) Except as otherwise authorized, any supplemental agreement defining contract change notifications when the contract change notifications being definitized accomplishes a change which increased the cost to the Government by more than the dollar limitation regardless of whether there are offsetting credits provided in the same supplemental agreement.

(7) Utility contracts-the estimated annual service charge plus the connection or termination charge, if any.

(m) When contracting authority is limited as to dollar amount, the limitation does not include:

(1) Contractual instruments which do no more than commit funds for engineering changes or provisioning items, whether or not there was any previous commitment for such items.

(2) Contractual instruments increasing fund obligations under partially funded contracts (see paragraph (1) (1) and (2) of this section) when not exceeding the firmly negotiated total cost of the program as stated in the prime contract.

(3) Contractual instruments obligating funds covering calls issued under terms of requirements contracts (§ 1003.409 (b) of this subchapter), indefinite quantity contracts (§ 1003.409 (c) of this subchapter), or call procurement arrangements (§ 1003.409-50 of this subchapter).

(4) Contract change notifications issued according to Subpart C, Part 1054 of this subchapter.

(5) Contractual instruments which obligate funds for provisioning items where the approved contract contained an item for provisioning spares, ground handling and support equipment, etc.

(6) Communication Service Authorizations (CSA).

(7) Blanket Purchase agreements as set forth in § 3.606 of this title and § 1003.606 of this subchapter.

(n) Authorities vested in chiefs of AF foreign missions are likewise vested in AF sections of joint military missions.

(0) Requirements aggregating more than the dollar amount of the contracting authority delegated will not be broken down into more than one purchase trans

action for the purpose of avoiding authority limitations.

(p) Authorities vested in Deputy Directors of Procurement and Production are likewise vested in Technical Associates performing procurement and production functions at comparable level.

[27 F.R. 1610, Feb. 21, 1962, as amended at 27 FR. 11760, Nov. 29, 1962; 28 F.R. 2271, ·Mar. 8, 1963; 28 F.R. 3385, Apr. 6, 1963; 28 F.R. 9690, Sept. 5, 1963; 28 F.R. 11064, Oct. 16, 1963; 28 F.R. 14314, Dec. 27, 1963; 29 F.R. 1681, Feb. 4, 1964; 29 F.R. 5790, May 1, 1964; 29 F.R. 11591, Aug. 13, 1964; 29 F.R. 15257, Nov. 13, 1964]

§ 1001.454 Authority to designate contracting officers and their representatives.

Contracting officers, as defined in §1.201-3 of this title, will be those designated by the persons listed in paragraphs (a) through (d) of this section, or by persons who are authorized in writing by the persons listed in paragraphs (a) through (d) of this section to designate contracting officers within the meaning of that term as used throughout Subchapter A, Chapter I of this title and this subchapter. Authority to designate includes authority to terminate designations.

(a) Secretary of the Air Force (as defined in §1.201-15 of this title).

(b) Deputy Chief of Staff, Systems and Logistics.

(c) Director of Procurement Policy, Office of the Deputy Chief of Staff, Systems and Logistics.

activities

(d) Heads of procuring (Commanders, AFLC and AFSC).

(1) The authority of the Commander, AFLC, as set forth in § 1.401 of this title and this section, has been delegated to the Director, Assistant to the Director and Deputy for Procurement, of the Directorate of Procurement and Production, Hq AFLC, with power of redelegation. Further redelegation has been made to the officials listed in subdivisions (i) through (iv) of this subparagraph. Except as specified, exercise of the authority is limited to the designation of persons under the jurisdiction of the designating authority.

(i) Commanders and vice commanders of major air commands with power of redelegation limited to the level of a staff officer responsible for procurement within command headquarters and within the headquarters of the first echelon of command immediately subordinate to

a major command (numbered Air Force, Hq Transport Air Forces, and Air Photographic and Charting Service or comparable level).

(ii) Commanders and deputy commanders of AFLC field procurement activities and separate base procurement activities. The Commander and Deputy Commander, ROAMA, may redelegate to the Commander and Deputy Commander, Ground Electronics Engineering Installations Agency (GEEIA), with power of further redelegation to commanders GEEIA regional offices for the purpose of executing communications service authorizations only.

(iii) Commanders and deputy commanders of air procurement regions (APRE and APRFE), who may also designate persons under the jurisdiction of other AF commands as representatives of contracting officers.

(iv) Air attaches and chiefs, AF foreign missions, without power of redelegation.

(2) The authority of the Commander, AFSC, as set forth in § 1.401 of this title and this section, has been delegated to the Deputy Chief of Staff, Associate Deputy Chief of Staff and Assistant Deputy Chief of Staff, Procurement and Production, Hq AFSC, with power of redelegation. Further, redelegation has been made by the Deputy Chief of Staff, Procurement and Production, Hq AFSC, to the officials listed in subdivisions (i) through (v) of this subparagraph. Except as specified, exercise of the authority is limited to the designation of persons under the jurisdiction of the designating authority.

(i) Commander, Office of Aerospace Research, with power of redelegation limited to the level of the staff officer responsible for procurement within the headquarters of the first echelon of command immediately subordinate to OAR.

(ii) Commanders and deputy commanders of Aeronautical Systems Division, Ballistic Systems Division, Electronic Systems Division, Space Systems Division, and Aerospace Medical Division.

(iii) Commanders and deputy commanders, contract management regions, who may also designate persons not under the jurisdiction of the designating authority, including persons under the jurisdiction of other AF commands, as representatives of contracting officers. The authority to designate property administrators and plant clearance officers as representatives of administrative con

The delegation described in this section is a general one, and all other existing or future delegations, regulations, or directives issued by competent authority, to the extent to which they would, expressly or by reasonable implication, limit the scope of or impose conditions or restrictions upon the exercise of the general authorities set forth in this section, will be controlling over it.

(a) The Commander, AFLC, has delegated, with power of redelegation, to the Director of Procurement and Production, Hq AFLC; and the Commander, AFSC, has delegated, with power of redelegation, to the Deputy Chief of Staff, Associate Deputy Chief of Staff and Assistant Deputy Chief of Staff, Procurement and Production, Hq AFSC, the authority to act for the Secretary of the Air Force or the Assistant Secretary of the Air Force (Materiel) in the following particulars:

(1) To enter into, approve, and take other action in respect to contracts, change orders, supplemental agreements, awards, letter contracts, leases, amendments of contracts, and other contractual instruments.

(2) To make, authorize, and approve sales or contracts for the sale of equipment, supplies, and materiel.

(3) Approve deviations from regulations, in respect to procurement, and deviations from approved forms of contracts; provided all deviations from Subchapter A, Chapter I of this title and this subchapter will be effected in the manner provided in Subpart A of this part, as it may from time to time be amended or supplemented.

(b) There is specifically excepted from the delegation described above, all authority to take action under Public Law 85-804 (50 U.S.C. 1431 et seq), to make findings and exceptions under the Buy American Act (41 U.S.C. 10a-d), to approve contracts made pursuant to 5

U.S.C. 55a and Section 601 of the Department of Defense Appropriation Act, 1959 (and similar provisions in subsequent Appropriation Acts), to make the determinations required by Section 625 of the Department of Defense Appropriation Act, 1959 (and similar provisions in subsequent acts), to authorize leases pursuant to 10 U.S.C. 2667, and to do other things which by law, regulation, or other directive may not be delegated [26 F.R. 12332, Dec. 27, 1961, as amended at 27 F.R. 9914, Oct. 9, 1962; 29 FR. 1837, Feb. 7, 1964]

§ 1001.456

Authorities of the sole "head of a procuring activity."

(a) The Director of Procurement and Production, Hq AMC, has been authorized by the Commander, AMC, to issue delegations of the redelegable authorities that are vested in the Commander, AMC, as sole "head of a procuring activity." Any such delegations issued to oversea commands, air attachés, and foreign missions will be issued "by direction of the Commander, AMC."

(b) The Director of Procurement and Production, Hq AMC, has delegated to the persons listed in this paragraph all redelegable powers vested in the head of a procuring activity by Subchapter A, Chapter I of this title, except as noted.

(1) Commanders of major air commands with power of redelegation not below the level of a staff officer responsible for procurement within the headquarters of the first echelon of command immediately subordinate to the major air command. However, the powers set forth in §§ 3.303, 5.1105-3 and 7.103-12 of this title were withheld from the commanders of major air commands located within the United States, and its possessions, and the powers set forth in §§ 3.303 and 5.1105-3 of this title were withheld from commanders of oversea commands located outside the possessions of the United States.

(2) Air attachés and chiefs of AF foreign missions. However, the powers set forth in §§ 3.303 and 5.1105-3 of this title were withheld.

[27 F.R. 9914, Oct. 9, 1962]