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signed by the Director that such procurement is based upon the most compelling reasons, such as cases when the needs of the Agency cannot reasonably be otherwise supplied. If the Agency employee is the author or originator of copyrighted material, it must be established that there is no real or apparent conflict of interest between his/her official duties and his/ her rights to any royalties. To prevent such conflict, the Agency shall endeavor to obtain the employee's waiver of any royalty payments. In addition, the employee would be expected to discourage publicity regarding Agency use of his/her material.

[31 FR 10790, Aug. 13, 1966, as amended at 43 FR 28493, June 30, 1978]

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(3) A list of sources solicited or a justification for limiting such sources;

(4) A copy of any determination to set-aside the procurement for small business or for a labor-surplus area;

(5) A copy of the Invitation for Bids or Request for Proposals, including any plans or specifications or references thereto;

(6) All bids or proposals received with an abstract thereof;

(7) The bidders' Statement of Contingent Fees;

(8) All preaward surveys;

(9) Selection of the successful Contractor, including-

(i) The reasons for selection.

(ii) The Contracting Officer's determination of the Contractor's responsibility, and

(iii) Any Small Business Administration Certificate of Competency;

(10) All price and cost data submitted or used, including Certificate of Current Cost or Pricing Data;

(11) A full record of negotiations, including but not limited to

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(viii) Justification for final price; (12) Justification for type of contract used;

(13) Any exceptions or exemptions from the Buy American Act or from the Agency's Foreign Purchases policy (see Subpart 6.50 of this chapter);

(14) A copy of contract award; (15) Evidence of legal review required, and copy of comments, if any, made by legal counsel;

(16) All pertinent correspondence; (17) Copies of all change orders, and supplements, with supporting documents;

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(21) Required approvals of contract; and

(22) Any additional documents considered necessary to present a complete résumé of the contract action.

(b) Complete record of all advertised and negotiated contract action will be preserved for the period required by records management instructions.

(c) This § 19-1.313 does not apply in the case of small purchases.

(d) Memoranda, for documenting actions taken, should not duplicate information evident in other file documents except where clarification is required. Copies of all negotiation memoranda will be submitted to the Chief of the Contract and Procurement Division. All memoranda will be signed and the drafting date will be indicated.

§ 19-1.317 Noncollusive bids and proposals.

(a)-(d) [Reserved]

(e) The Chief, Contract and Procurement Division, is authorized to make the determinations described in paragraph (d) of the Certification of Noncollusion prescribed in § 1-1.317 of this title.

§ 19-1.354 Execution of contracts.

Contracts, purchase orders, delivery orders, Government bills of lading, and other types of purchasing documents will be executed only by officials holding valid, written delegations or redelegations of procurement authority issued by the Director or other officer of the Agency designated in writing to make such delegations or redelegations. All purchasing documents, including amendments, will show the actual date of each signature required for their execution, and the Agency office executing such documents shall maintain a record of the actual date the documents were released to the vendor or contractor.

§19-1.355 Violations of law.

(a) In the event procurement personnel have reason to believe there is evidence of violation of law of any nature whatsoever in bids or proposals received, they will prepare a complete report for forwarding to the Office of

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§ 19-1.602 Establishment and maintenance of a list of concerns or individuals debarred, suspended, or declared ineligible.

The Policy and Procedures Branch of the Contract and Procurement Division will maintain a consolidated list as indicated in § 1-1.602 of this title. The list will not be classified but will be marked "For Official Use Only." It will be coordinated with the Bidders Mailing List (see § 1-2.205 of this title), and appropriate notations will be made on both lists, when additions or deletions are necessary.

[31 FR 10790, Aug. 13, 1966, as amended at 43 FR 28493, June 30, 1978]

§ 19-1.604 Causes and conditions applicable to determination of debarment by an executive agency.

Personnel of the Agency who find that a firm or an individual should be added to the Debarred, Suspended, or Ineligible Bidders List, as indicated in Subpart 1-1.6 of this title, shall notify the Chief, Policy and Procedures Branch promptly. Debarment shall be made only upon approval of the Chief of the Contract and Procurement Division of the Agency.

[31 FR 10790, Aug. 13, 1966, as amended at 43 FR 28493, June 30, 1978]

Subpart 19-1.7-Small Business Concerns

§ 19-1.704 Agency program, direction and operation.

The Chief of the Contract and Procurement Division is responsible for

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(a) This subpart deals with the authority to designate Contracting Officers and sets forth the general authorities and responsibilities of such officers (see § 1-3.801(b) of this title).

(b) An employee ordinarily binds the Government only when his/her actions are in accordance with authority actually granted to him/her. Contracting Officers are agents of the Government and shall act in accordance with law, regulations including FPR and IAPR, other pertinent directives, and sound business judgment, and within the limits of their prescribed duties and authorities.

§ 19-1.5302 Designation of Contracting Officers.

(a) Contracting Officers, as defined in § 1-1.207 of this title, shall be those employees in whom contracting authority is vested by the Director or his/her designées by means of appropriate delegations of authority and by redelegations of authority. The authority of such Contracting Officers shall be in accordance with the applicable delegations or redelegations of authority and with this Subpart 19– 1.53.

(b) Delegations and redelegations of authority are generally directive on specific positions, rather than specific individuals. When a specific position carries delegated or redelegated contracting authority, an individual appointed to such a position is, therefor, a Contracting Officer. Such appointments are normally made by means of administrative personnel actions. When an individual is designated as a Contracting Officer by an instrument other than personnel action, a copy of the designating instrument shall be forwarded to the appropriate personnel office for inclusion in the file of the individual affected. Designations shall be rescinded in the same manner upon termination of the assignment (but special assignments may be selfrescinding, as, for example, an assignment made in terms of the life of a specific contract, in which case a separate rescission instrument would not be required).

(c) In view of the high degree of individual responsibility and authority vested in Contracting Officers, care shall be exercised to insure that only well qualified individuals are appointed or designated and retained in such positions. Accordingly, the performance of their duties as Contracting Officers is subject to continuing review and evaluation.

§ 19-1.5303 General authority of Contracting Officers.

A contracting Officer is authorized to enter into, modify, and take other appropriate action with respect to contracts, within the limits of his/her prescribed duties and authority.

§ 19-1.5304 General responsibility of Contracting Officers.

(a) Contracting Officers are primarily responsible for assurance that contracts are authorized by law, for the execution and administration of contracts, for safeguarding the interest of the United States in contractual relationships, and for determining the facts under contracts.

(b) Contracting Officers shall personally sign all contracts and modifications entered into by them. The signing of original contractual documents shall not be accomplished by facsimile stamps or by proxy. However, the use of reproduced signatures on reproduced copies after the Contracting Officers have manually signed the master and other originals is acceptable.

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

(d) Contracting Officers are responsible for assuring contract compliance on the part of the Contractor.

§ 19-1.5305 Contracting Officers' representatives.

(a) Any properly qualified Government employee or group of employees, may be designated to act as the Authorized Representative of a Contracting Officer. Such designation shall be in writing and shall define the scope and limitations of the Authorized Representative's authority.

(b) A designation authorized by this § 19-1.5305 may be made by instructions referring to particular contractual instruments 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 or this § 191.5305. In no event shall an Authorized Representative, by virtue only of his/her designation as such, be empowered to execute or agree to any contract or modification thereof; such powers must be specifically included

as a part of, or supplement to, the designation.

(c) 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.

[31 FR 10791, Aug. 13, 1966, as amended at 43 FR 28493, June 30, 1978]

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quirement offices. Lists shall include all eligible and qualified bidders who have requested listing or whom Contracting Officers consider eligible and qualified to furnish the requirements of a particular procurement. The lacter shall be requested to submit a completed Standard Form 129 and an Agency Form IA-407, Commodity and Service Code Lists. Agency procurement activities and requirement offices should recommend the establishment of additional lists for anticipated requirements of nonlisted commodities or services and furnish the names and addresses of prospective bidders.

[31 FR 10792, Aug. 13, 1966, as amended at 43 FR 28493, June 30, 1978]

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