fied in paragraph (a) of this section shall be redelegated only to subordinate individuals who (1) are actively engaged in procurement, (2) must function as contracting officers in the performance of their duties and (3) meet the qualification requirements of FPR 1-1.404. However, authority to make individual small purchases by the imprest funds (petty cash) method (FPR 1-3.604) may be delegated to subordinate individuals not actively engaged in procurement, Provided, (i) That the office(s) they serve would otherwise be without supply support for their immediate needs and (ii) that they have been adequately instructed in the regulations concerning small purchases. The redelegation of contracting authority directly to specific persons without regard for intermediate organizational levels only establishes authority to represent the Government in its commercial business dealings. It is not intended to affect the organizational relationship between the contracting officers and higher administrative and supervisory levels in the performance of their duties.

(c) Designations to other than those positions expressly identified in paragraph (a) of this section shall be made only to individuals. Designations, whether to individuals or by position, shall be in writing and shall specifically state the scope and limitation of the designated contractual authority. A copy of each designation shall be forwarded to the Assistant Attorney General for Administration, Justice Management Division.

(d) When exercising delegated contracting authority, a designated employee shall be identified as the contracting officer and shall function within the limits prescribed by law, the FPR and JPR.

(e) A contracting officer shall maintain evidence of his delegation and scope of authority and while functioning as a contracting officer shall make such evidence available upon request by anyone.

(28 U.S.C. 509 and 510)

[41 FR 32426, Aug. 3, 1976, as amended at 44 FR 61346, Oct. 25, 1979]

§ 28-1.404-52 Modification of contracting officer's delegation.

Designation documents shall not be modified. To effect modification, the current delegation shall be revoked and a new delegation issued.

§ 28-1.404-53 Contracting officer's representatives to contractors.

(a) Contracting officers, other than those delegated authority to purchase only by the imprest fund (petty cash) method under § 28-1.404-51(b), may designate other Government employees to act as their authorized representative to the contractor for specified purposes of contract administration. Such designation shall contain specific instructions as to the extent to which the representative has been delegated authority to take action for the contracting officer. The designation shall state that it does not include authority to sign contractual documents or to otherwise make commitments or issue changes which will affect the price, quantity, quality or performance terms of the contract as these rights are reserved to the contracting officer. The designation may include authority such as the following:

(1) To act as liaison and to coordinate contractor/government activities.

(2) To arrange for and coordinate the use of government resources (personnel, space, documents, etc.).

(3) To provide technical guidance in the performance of the contract.

(4) To receive, review and approve (but not reject or deny), progress reports, invoices, final reports or other functions of a technical nature.

(b) Designations shall be in writing to the designee and a copy shall be furnished to the contractor. This may be accomplished by inclusion in the contract or by a separate document.

§ 28-1.404-54 Contracting officer's representative-receipt of supplies, equipment or services.

(a) A contracting officer, other than those delegated authority to purchase only by the imprest fund (petty cash) method under § 28-1.404-51(b). may, without notice to the contractor, designate other competent Government

personnel, by name or by position and location to represent him in receiving and inspecting supplies, equipment or services. Duties such as, but not limited to, the following may be performed by these designees:

(1) The inspection and certification as to compliance with quality and quantity requirements; and

(2) Inspection of supplies and equipment for condition and quantity and the acceptance of supplies, equipment or services based on quality inspections made by other authorized representatives.

(b) Designation shall be accomplished by a written notice and as may be otherwise prescribed by the head of the procuring activity.

(c) Representatives shall not advise contractors as to either acceptable or unacceptable contract performance. Findings and recommendations shall be provided to the contracting officer as appropriate. Notices to contractors concerning receipt of unacceptable

supplies, equipment or services shall be made only by the contracting offi

cer.

§ 28-1.405 Ratification of unauthorized contract awards.

In each instance where an unauthorized contract award occurs (including small purchases), whether ratified or not, the head of the procuring activity shall report the following data to the Assistant Attorney General for Administration, Justice Management Division.

(a) Circumstances regarding the unauthorized contract.

(b) Vendor.

(c) Product or service. (d) Value.

(e) Action taken by procuring activity.

(28 U.S.C. 509 and 510)

[41 FR 32426, Aug. 3, 1976, as amended at 44 FR 61346, Oct. 25, 1979]

29-1.600 Scope of subpart. 29-1.601 General. 29-1.601-1 Definitions. 29-1.602 Establishment and maintenance of list of concerns or individuals debarred, suspended, or declared ineligible. 29-1.604 Causes and conditions applicable to determination of debarment by an executive agency.

29-1.604-1 Procedural requirements relating to the imposition of debarment.

Subpart 29-1.7—Small Business Concerns 29-1.702 Small business policies.

29-1.704 Agency program direction and operation.

29-1.704-1 Small business adviser. 29-1.704-2 Small business specialists. 29-1.704-3 Responsibilities of the procurement office.

29-1.706 Procurement set-asides for small business.

29-1.706-3 Withdrawal or modification of set-asides.

29-1.706-50 Procurement set-asides

for

small business when an SBA representative is not available.

29-1.706-51 General.