(c) A recommendation as to award; and

(d) Adequate justification if the lowest quote is not recommended for accept

ance.

PART 12B-60-CONTRACT DISPUTE APPEALS

Subpart 12B-60.5-Department of Transportation Contract Appeals Board

§ 12B-60.500 Effective date and applicability.

Part 12-60 of this title established the Department of Transportation Contract Appeals Board, prescribes its functions and procedures, provides for the appointment of a chairman and members of the Board, and authorizes the members of the Board to act. The regulations in Part 12-60 of this title became effective on May 27, 1967, and shall apply to all contracts "dispute" cases wherein appeal from the contracting officer's decision is taken on and after such effective date. The contract appeals rules formerly contained in Subpart 11-60, shall be applicable to all cases pending prior to said effective date of the rules in Part 12-60 of this title except to the extent that the Board determines that the rules contained in Part 12-60 shall apply.

(Sec. 633, 63 Stat. 545, secs. 2301-2314, 70A Stat. 127-133, as amended, sec. 6(b), 80 Stat. 938; 14 U.S.C. 633, 10 U.S.C. 2301-2314, 49 U.S.C. 1655(b); 49 CFR 1.4 (a) (2) and (f)) [33 F.R. 16264, Nov. 5, 1968]

AUTHORITY: The provisions of this Part 12B-75 issued under sec. 633, 63 Stat. 545, secs. 2301-2314, 70A Stat. 127-133, as amended, sec. 6(b), 80 Stat. 938; 14 U.S.C. 633, 10 U.S.C. 2301-2314, 49 U.S.C. 1655 (b); 49 CFR 1.4 (a) (2) and (f).

SOURCE: The provisions of this Part 12B-75 appear at 33 F.R. 16264, Nov. 5, 1968, unless otherwise noted.

(a) The Secretary of the Department of Transportation has designated the Commandant to be responsible for the procurement policies and activities of the Coast Guard.

(b) The administration of procurement policies and activities as determined by the Commandant has been delegated to the Comptroller, who is designated as the chief officer responsible for procurement.

(c) In accordance with the authority contained in the act, and subject to the limitations set forth in this title, designated Coast Guard Contracting Officers are authorized to enter into contracts on behalf of the Government and in the name of the United States of America, by formal advertising, or by negotiation, or by acquisition within the Government as hereinafter provided, for supplies and services required for the Coast Guard.

(d) Designated Contracting Officers who relieve or succeed previously designated Contracting Officers will assume administration of, make changes and/or modifications to contracts which were entered into by the previously designated Contracting Officer (s) of the activity to which they are assigned.

(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, except as provided in § 12B-75.103(b)(1). 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 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.

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 Office: 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 execute 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 busi

ness 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 no reticence about making a public

disclosure thereof.

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 desig

nate 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]

13-1.008

Citation.

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

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.