(2) Requests for designation of R&M personnel as Sales Contracting Officer will be signed by the Chief of the R&M activity and forwarded to the major command R&M staff office. Requests for designation of the Chief of an R&M activity shall be initiated by the major command R&M officer or his deputy.

(3) Request for designation of a representative of a contracting officer will be the same as indicated in this paragraph (a), except that:

(1) Unless it is impractical, the contracting officer desiring a representative will initiate the request, sign the statements, and conduct the interview instead of the chief or deputy chief of the procurement activity.

(ii) If the contracting officer takes the action in subdivision subparagraph (i) of this subparagraph, the chief or deputy chief of the procurement activity will review the request prior to transmittal.

(iii) The approval of the designee's commander will be obtained when the designee is not under the jurisdiction of the designating authority.

(4) Requests for designation will be sent through channels to the appropriate designating authority. Requests for designation of personnel as contracting officer, who do not meet the full criteria in § 1001.405-1, together with the following additional information, may be submitted by the appropriate designating authority to Hq USAF (AFSPPLC), for review and approval.

(i) Complete justification of the proposed appointment.

(ii) Action taken to preclude recurrence of a situation where other than qualified personnel are recommended for appointment as a contracting officer.

(iii) A list of persons in the same office who are qualified for appointment, their present duties, and whether they are not appointed contracting officer.

(5) Designations and termination of representatives of contracting officers will be in letter form.

(b) Appointments will be reviewed at least annually by the appointing authority. Files will be updated and the appointing authority will determine whether contracting officers have maintained professional proficiency and otherwise remained qualified. Appointments will be terminated warranted.

or reduced in scope if

[35 F.R. 15212, Sept. 30, 1970]

(a) Designation of contracting officers. (1) Original to the individual designated.

(2) One true copy to the individual designated (to be furnished by that individual to the accounting and finance officer if requested by the latter).

(3) In the case of military personnel, one true copy to the activity having custody of the military field personnel records for permanent retention in the individual's personnel file.

(b) Termination of contracting officer. Distribution as provided in paragraph (a) of this section, except, paragraph (a)(2).

(c) Designation of representatives. (1) Original to the individual designated.

(2) One true copy to the contracting officer whom the representative serves.

(d) Termination of representatives. Distribution as provided in paragraph (c) of this section.

§ 1001.405-51 Representatives of contracting officers.

(a) The appointment of representatives of contracting officers will not be made unless it is determined that the duties of the individual cannot be performed by: (1) Appointment as a limited contracting officer, or (2) designation of a government agency or position in the contractual document as authorized by paragraph (c) of this section.

(b) The designating authority may designate an officer, warrant officer, civilian, or noncommissioned officer to act as representative of a contracting officer or his duly designated successor. The written designation will contain specific instructions as to the extent to which the representatives may take action for the contracting officer but will not contain authority to sign contractual documents.

(c) A Government agency or position (by title but not an individual by name) may be designated in the contractual document to perform specific functions under the contract. Such functions may include inspection, approval of shop drawings, testing, approval of samples, scheduling and signing work orders or equipment orders, determining number of hours for a job, and other functions

of a technical nature not involving a change to the scope, price, terms, or conditions of the basic contract or order. The responsibilities and limitations of the agency or position will be set forth in the contract or in a separate letter. If a letter is used a copy will be furnished the contractor. The contracting officer will monitor the actions of the designated agency or position to insure that they do not exceed assigned functions. The functions assigned will not violate policies (e.g., base procurement centralization policy) which reserve certain actions or authorities to contracting officers or which require approval prior to placing the authority or procedure in effect.

(d) A person assigned to and performing his primary duty within a procurement office, and who is under the supervision of a contracting officer, does not require designation as a representative nor designation in a contractual 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.

§ 1001.405-52 Organization placement and other duties of contracting officers.

(a) Commanders and others having administrative supervision over contracting officers will bear in mind that acts exceeding the delegated powers of the contracting officer do not bind the government and will refrain from directing contracting officers to take action which might expose the contracting officer to serious consequences. The office of the contracting officer should be placed, in the local organization at a level which will protect it from intraorganizational pressure which might lead the contracting officer to perform improper acts exposing him to personal risk and the Air Force to criticism.

(b) Except as provided in this subpart contracting officers will neither act as, nor perform the duties of, a contracting officer with respect to any contractual instrument obligating only nonappropriated funds. Contracting officers may act in an advisory capacity with respect to such instruments. Contracting officers

§ 1001.451

Delegations of authority.

Certain specific delegation of authority instructions with respect to procurement are referenced in subsequent sections of this subpart. In addition to limitations and conditions applicable to individual delegations and included therewith, the provisions of the paragraphs below apply to all delegations of procurement and are published in this section to eliminate their repetition.

(a) 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.

(b) 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.

(c) Authorities delegated may not be redelegated except as expressly provided in individual authorizations.

(d) 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.

(e) 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.

(f) 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 reviewed by competent persons prior to manual approval.

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

(1) For purchases involving $2,500 or less, made by persons to whom requisite authority has not been delegated, the individuals designated below are authorized to ratify such a transaction in the case of persons under the jurisdiction of the major commands (other than AFLC and AFSC) by the commander of the respective major command with power of redelegation to the DCS/materiel or comparable office within the major command headquarters, and 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:

(i) A statement of all pertinent facts 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 command or to the

AFLC or AFSC activity designated the ratification authority. Cases involving tenant organizations will be forwarded to the major command to which the tenant is assigned. The statement 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 reviewing and determining adequacy of all facts, records, and documentation furnished; preparing the statement of facts; and 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, Subchapter A, Chapter I of this title (Public Law 85-804) or as a GAO claim; and stating whether the prices involved are considered fair and reasonable.

(ii) The procurement staff officer within the DCS/materiel or equivalent staff office of the respective major 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, Subchapter A, Chapter I of this title (Public Law 85-804) or as a GAO claim. The complete file will be forwarded to the individual responsible for ratification as indicated in this paragraph (g).

(iii) 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. No transaction will be ratified that would not otherwise have been valid if made by a properly authorized contracting officer.

(2) Purchases of more than $2,500 by persons to whom authority has not been delegated may be ratified by:

(i) The Deputy Chief of Staff, Procurement Hq AFLC, when the unauthorized action is by a person under the jurisdiction of AFLC.

(ii) The Deputy Chief of Staff, Procurement and Production, Hq AFSC, when the unauthorized action is by a person under the jurisdiction of AFSC.

(iii) The appropriate head of a procuring activity, when the unauthorized action is by a person who is under the jurisdiction of commands other than AFLC or AFSC: Provided, however, That all such proposed transactions must be reviewed by the Staff Judge Advocate, Hq AFLC, prior to ratification action.

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

(h) 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 charge" 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 total cost of the program as firmly negotiated.

(3) The estimated dollar amount of supplies and services to be procured during the contract period of requirements and indefinite quantity contracts, 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 change orders when the change orders 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.

(i) 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 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 and indefinite quantity contracts.

(4) Change orders.

(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 § 3.605 of this title.

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

(k) Requirements aggregating more than the dollar amount of the contracting authority delegated will not be broken down into more than one purchase transaction for the purpose of avoiding authority limitations.

(1) Authorities vested in deputy directors of procurement and production are likewise vested in technical associates performing procurement and production functions at comparable level.

§ 1001.452 General procurement authority.

The delegation referenced 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 cited in below referenced delegation instruments, will be controlling over it. This includes authority to enter into, execute, and approve contracts. This authority has been delegated to Deputy Chief of Staff, Systems and Logistics and the Director of Procurement Policy, DCS/S&L, by Secretary of the AF Order (SAFO) 650.4, dated May 22, 1969, and redelegated to the Major Commands by Director of Procurement Policy (AFSPP), Hq USAF subject Delegation Letter, dated May 23, 1969.

§ 1001.453 Designation of heads of procuring activities.

(a) Commanders of AAC, ADC, AFLC, AFSC, ATC, MAC, PACAF, SAC, TAC and USAFE, and the Director of Procurement Policy, DCS/S&L, Hq USAF, are each designated as a "Head of a Procuring Activity" within the Department of the Air Force by Secretary of the AF Order (SAFO) 660.1 dated May 22, 1969. The commander of each procuring activity designated above may authorize an individual, not below the level of the staff officer responsible for procurement within the Major Command headquarters, to act for him in exercising those ASPR prescribed responsibilities which are vested only in the "Head of a Procuring Activity." This authority is not applicable to Part 17, Subchapter A, Chapter I of this title, Extraordinary Contractual Actions to Facilitate the National Defense. Major Commands who are not designated HPAS but who have a need for one of the ASPR prescribed responsibilities which are vested only in the HPA, will submit the request for such responsibilities to the Director of Policy, DCS/S&L, На

Procurement USAF.

(b) The persons listed in this paragraph are authorized to act in the capacity of a head of a procuring activity when a specific ASPR gives the authority

to "a Head of a Procuring Activity or his designee."

(1) Commanders of Major 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 command. (2) Air attachés and chiefs of AF foreign missions.

§ 1001.454 Contracts for public utility services extending beyond current fiscal year but not exceeding 10 years.

(a) Contracts for public utilities. (1) That authority delegated to the Director of Procurement Policy to enter into contracts for public utility services has been redelegated by AFSPP letter dated May 23, 1969, to the commanders of major commands with authority to make, in writing, successive redelegations. The authority redelegated shall be exercised in accordance with the conditions, directions, and limitations set forth in ASPR Supplement No. 5 and subject to the administrative procedures for review of utility contracts as contained in Air Force Regulation 91-5 (Utility Services).

(b) Contracts for communication services. (1) The Director of Procurement Policy, DCS/S&L, Hq USAF has been authorized to enter into contracts for communication services for periods extending beyond the current fiscal year but not to exceed 10 years, under one or more of the following circumstances.

(i) When services are obtained from communication common carrier whose rates are regulated by a Federal, State, or other public regulatory body;

(ii) Where the services are obtained by competitive means from other than communication carriers and;

(a) Where there are obtained lower rates, larger discounts, or more favorable conditions of service than those available under contracts the firm term of which would not extend beyond a current fiscal year.

(b) Where nonrecurring or termination charges payable under contracts the firm term of which would not extend beyond a current fiscal year are eliminated or reduced.

(iii) The termination liability incurred by the contract, when added to the cumulative termination liabilities of