(ii) Intermediate level. (Does not apply to realty leasing and sales personnel.) (A) Contract Law-60-80 hours, (B) Negotiated Contracts and Negotiation Techniques—80 hours, (C) Formal Advertising or Sealed Bidding-40 hours, (D) Contract Administration-40 hours, (E) Cost and Price Analysis or Cost Analysis-40 hours, to (F) GSA Price Analysis-40 hours, (G) Government ADP Resource Acquisition-40 hours (Applicable ADP acquisition personnel only.) (H) Termination Settlements-40 hours, (I) Services Contracting-40 hours, (J) Public Utility Contracts-40 hours (Applicable to personnel handling public utility procurements.) (K) Architect-Engineer Contracting-40 hours (Applicable to personnel handling Architect-Engineer service procurements.) (L) Construction Contracts-40 hours. (Applicable to personnel handling procurement of construction.) (iii) Senior level (over $100,000). (Does not apply to leasing and sales.) (A) Executive Seminar in Acquisition-24-40 hours, (B) Advanced Procurement Managment-40 hours, and (C) Advanced Contract Administration-40 hours. (iv) Non-1102 COs. COS not classified as 1102 employees and who do not make open market purchases greater than small purchases will not be required to take the Basic Acquisition course. (v) Realty leasing personnel. (A) Real Property Leasing/Law of Leasing-40-60 hours. (B) Negotiated Contracts or Negotiation Techniques-24-40 hours, and (C) Cost and Price Analysis or Pricing of Lease Proposals-40 hours, and (D) GSA Price Analysis-40 hours. (vi) Sales contracting personnel. (A) Basic Acquisition-40 hours, (B) Contract Law-60-80 hours. (C) Formal Advertising or Sealed Bidding-40 hours, (D) Negotiated Contracts or Negotiation Techniques-40 hours, and (E) Sales and Disposal of Government Property-40 hours. (vii) Construction contracting officer representatives (CORs). Individuals nominated for warrants limited to the issuance of change orders up to $25,000 may be required by warrant boards to complete the Basic Acquisition course and the Construction Contracting course. (4) Substitution of experience for training. Individuals currently serving and classified in 1102 positions for an uninterrupted period of three years will not be required to take the basic level courses under the COWP if they are proposed for intermediate or senior level warrants. (5) Substitute courses. Training courses of equivalent content will be allowable substitutes. Personnel involved in motor pool operations may substitute the GSA Fleet Management Procurement course for the requirement for 40 hours of training in small purchases and Federal supply schedules. Courses from the following sources are considered to be equivalent provided the training meets the minimum hours required in (c) of this subsection: (i) Training from a Governmentsponsored source such as U.S. Army Logistics Management Center (ALMC). (ii) Training from a source listed in the Defense Management Education and Training (DMET) Catalog or the Federal Acquisition Institute (FAI) Catalog. (6) Refresher training. Contracting officers in the Federal Supply Service are encouraged to attend the Contract Quality Assurance course (40 hours) in fulfilling the continuing education requirements of § 501.603-3(c). (7) Tests. Tests administered either by the GSA Office of Civil Rights, Organization, and Training or by DOD training facilities may be taken as an alternative to training, to demonstrate career knowledge. The GSA training office may be contacted for referral to DOD testing facilities such as Fort Lee, VA. Other tests may be considered on a case by case basis. [49 FR 10792, Mar. 22, 1984, as amended at 50 FR 2285, Jan. 16, 1985; 50 FR 10037, Mar. 20-183 0-89-12 13, 1985; 51 FR 16690, May 6, 1986; 51 FR 21175, June 11, 1986; 51 FR 45893, Dec. 23, 1986] 501.603-3 Appointment. (a) The recommending official may nominate candidates for contracting officer warrants to the designating official subject to the approval of the warrant board. Only the Administrator or the Associate Administrator for Acquisition Policy is authorized to sign the Standard Form 1402, Certificate of Appointment. (b) Specific warrant limitations imposed upon the authority of contracting officers either by delegation or by actions of the warrant boards shall be set forth in certificates of appointment or otherwise conveyed in writing to designated contracting officers. (c) As a condition of continuing designation all warranted COS, except those on interim appointments, shall complete 40 hours of formal procurement training, at least once every 3 years, beyond the minimum core requirements in order to maintain competency. (d) As a part of the acquisition management reviews conducted by the Office of Acquisition Policy, Office of Acquisition Management and Contract Clearance (VC), applicable appointment documents will be reviewed periodically to determine the adequacy of local procedures, practices, and appointments. (See GSA Acquisition Management Assistance Review Program (ADM 2851.4).) [49 FR 10792, Mar. 22, 1984, as amended at 51 FR 16691, May 6, 1986] 501.603-4 Termination. (a) The appointment of a contracting officer may be revoked at any time by the designating official. Contracting officer appointments shall be revoked and the warrant certificate shall be returned to VC when: (1) The appointee no longer meets required qualifications; (2) There is no longer a clear and convincing need for the appointment; (3) The effective period of the appointment has expired; or (4) There exists evidence of malfeasance or gross incompetence. (b) Contracting officer appointments terminate when the appointee is reassigned from the position or activity held at the time of appointment. (c) Contracting officers whose appointments are revoked or terminated, shall be provided a written notice by the designating official stating the reasons therefor. (d) Warranted personnel shall be reassessed by each appropriate warrant board when any organization change occurs which alters the procurement function. (1) VC shall be notified briefly, in writing, by each affected organization as soon as personnel actions are completed that reassign warranted personnel from one service/office or Region to another. (2) Existing warrants remain in effect until they can be reconsidered in light of new organizational structures. (3) Reassessement of warrant needs should be delayed until movement of functions and personnel is completed. (e) When warranted COS transfer within an organization, the warrant certificate shall be terminated and returned to VC. This restriction does not apply to GSA buildings managers that are reassigned from one field office to another provided the individual occupies a similar position and VC is notified of the change in location. A copy of the termination notice shall be provided to the CO, the previously assigned duty station and VC. (f) The provisions of FAR 1.603-4 apply to this section. 501.603-70 Changes or suspensions of contracting officer appointments. (a) Changes. When a designating official determines to change or limit the appointment of a contracting officer without revocation, a new Certificate of Appointment shall be issued. When the change involves responsibility in a new functional area wherein the contracting officer has not demonstrated minimum qualifications, the proposed change may be requested by the recommending official, but must be approved by the appropriate warrant board and the Assistant Administrator for Acquisition Policy. 4 shall perform the function of the warrant board. (b) The purpose of the contracting officer warrant boards is to receive, evaluate, and process requests for appointment of Contracting Officers under the GSA-wide Contracting Officer Warrant Program prescribed in this Subpart. (c) Warrant boards shall consist of supervisory personnel at the SES or GM/GS-14/15 levels representing contracting offices in each region and, in an advisory capacity, representatives of the Office of Personnel and Office of General Counsel. (1) A minimum of four members constitute a quorum for a warrant board. (2) Personnel from the Office of Acquisition Policy shall participate randomly in the actions of each warrant board, as appropriate. (3) Assistant Regional Administrators shall chair regional warrant boards. (4) Except for Office of Acquisition Policy personnel, all warrant board members and chairpersons shall be appointed by the Regional Administrators on an ad hoc basis. (d) The suggested (optional) composition of regional warrant boards may include: Deputy Regional Administrator, Chairper son Director, OPCO Senior Procurement Analyst, OPCO Assistant Regional Administrator, Office of 501.603-73 Post appointment maintenance of warrants. (a) The original Certificate of Appointment shall be provided to the appointed contracting officer and displayed at the contracting officer's duty station. The designating official shall have three copies of the signed original Certificate of Appointment reproduced and numbered for distribution. (1) Copy 1 shall be distributed to and maintained by the cognizant headquarters office for each affected service/office or the regional Office of Project Control and Oversight (OPCO). (2) Copy 2 shall be provided to and maintained by the Office of Acquisition Policy, Office of Acquisition Management and Contract Clearance (VC). (3) Copy 3 shall be provided to and maintained by the Office of Finance (BCGP). (b) Certificates of Appointment shall be serially numbered for each Central Office service/office and for each region. (c) The Privacy Act of 1974 applies to the information collected during selection, designation and appointment of contracting officers. 501.670 Legal review and assistance. This section sets forth the responsibilities of contracting personnel and assigned legal counsel in obtaining and providing legal review and assistance. 501.670-1 Applicability. The provisions of the section apply to all GSA organizational elements having contracting responsibility, as defined in 501.670-2. 501.670-2 Definitions. (a) Contracting. For the purpose of this subpart, the term "contracting" includes the procurement or disposal by contract or lease of any interest in real or personal property, or services. To the extent that specific language herein reflects terminology used in procurement, it is understood that counterpart disposal terminology is intended for matters involving disposals; likewise, to the extent that specific language herein reflects terminology involving contracts, it is understood that counterpart leasing language is intended for matters involving leases. (b) Legal review. Legal review is a formal process whereby assigned counsel analyzes a matter to ensure legal sufficiency (i.e., that the proposed action is in compliance with applicable laws, regulations, and directives). During this process, counsel is also required to bring to the attention of appropriate contracting officials any problems concerning the matter under review and should object on policy or other grounds where such action appears warranted, notwithstanding approval for legal sufficiency. (c) Legal assistance. Legal assistance is a process whereby assigned counsel provides legal guidance with respect to questions or problems that arise during the contracting process. Assistance need not be limited to matters of legal sufficiency. 501.670-3 Responsibilities. (a) Contracting officials. (1) Contracting officials are expected to exercise sound judgment in obtaining legal review or assistance before taking any action that would affect the rights or obligations of the Government, a contractor, an offeror, or a potential offeror. Contracting officials should seek legal assistance throughout the contracting cycle, particularly when there is doubt or controversy as to the propriety or legal sufficiency of an action, or the interpretation or application of existing statutes, policies, regulations, and directives. (2) When legal review or assistance is requested by a contracting official, the official shall provide assigned counsel with all pertinent information. When appropriate, the official shall brief assigned counsel regarding the facts and points at issue and provide a detailed rationale for the proposed action. Legal review or assistance should be requested in a timely fashion in order to allow assigned counsel sufficient time to respond to the matter in issue. Counsel's approval, comments, or objections should be documented and retained as part of the contract file. (b) Legal counsel. It is the responsibility of assigned counsel to provide timely assistance with respect to a broad range of legal and business problems arising during the contracting process and to ensure that proposed contractual actions comply with applicable laws, regulations, and directives. When legal review is required on any contract-related matter, the approval of counsel shall attest to the legal sufficiency of the action or document. 501.670-4 Legal review. The following matters shall be submitted to assigned counsel, before action being taken thereon, for legal review and, where appropriate, written approval. Heads of contracting activities, in conjunction with assigned counsel, are encouraged to establish more stringent supplemental criteria for legal review when available resources make such supplemental requirements practicable. Copies of supplemental directives shall be forwarded to the Assistant Administrator for Acquisition Policy and to the General Counsel. (a) Solicitations which deviate from standard terms or conditions provided for by regulation or other appropriate authority. (b) Alleged mistakes in bid. (c) Protests (including small business size protests). (d) Determinations and findings required by the FAR, GSAR, or other appropriate authority (see FAR Subpart 1.7 and GSAR Subpart 501.7) and justifications to use other than full and open competition (see FAR Subpart 6.3). (e) Offers indicating that contingent fee has been, or may be, paid. (f) Matters involving the disclosure of offers before opening and determinations as to whether such disclosure was made collusive intent. (g) Decisions involving the nonapplication of, or any exemptions proposed to be taken from, the subcontracting plan requirements of Pub. L. 95-507. (h) Questions regarding the proper use of appropriations or other funds. (i) Proposed awards to other than low offerors. (j) Proposed no-awards for reasons other than excessive prices. (k) Proposed letter contracts. (1) Proposed contract awards subject to the requirements of GSA Order, Contract Clearance (APD 2800.1B). (m) Termination actions, including pretermination (i.e., "cure") letters. (n) Contract disputes of any nature. (0) Waivers of material contract terms, conditions or specifications. (p) Assignments of claims or rents, and change of name and novation agreements. (q) Contract claims, actions taken under the disputes clause (including final decision letters), and memorandums of position and appeal files in case appealed to the General Service Board of Contract Appeals or U.S. Claims Court. (r) Recommendations relative to suspending or debarring a concern or individual. (s) Freedom of Information Act (5 U.S.C. 552) and Privacy Act (5 U.S.C. 552a) matters. (t) Proposed responses to Congressional inquiries, and to General Accounting Office (GAO) and Inspector General audit reports which pertain to the legality of proposed or past actions. (u) Deviations from the FAR, GSAR, or other directives. (v) Matters relating to litigation before the courts or the General Services Board of Contract Appeals. (w) Late bids, offers, and modifications. (x) Assessment of administrative costs other than excess costs. (y) Ratifications of unauthorized contractual commitments. [49 FR 10792, Mar. 22, 1984, as amended at 50 FR 10037, Mar. 13, 1985] 501.670-5 Legal assistance. The following matters illustrate areas in which legal issues are likely to arise; accordingly, contracting officials are encouraged to pay special attention to these areas and to present problems or questions to assigned counsel for assistance, as appropriate, in a timely manner. (a) Preliminary questions or problems relating to matters requiring legal review. (b) Meetings scheduled with legal representatives of private parties or meetings where legal issues are likely to be discussed. (c) Solicitations involving repurchase actions against the account of a defaulted contractor. (d) Matters concerning nonresponsiveness or nonresponsibility. (e) Matters involving the application of the Buy American Act (41 U.S.C. 10 et seq.) or related provisions of law. |