§ 12B-50.103–2 Citation of paying

office.

A citation of the paying office designated to make payment will be made on all contracts.

§ 12B-50.103-3 Contracting officer's signature.

The contracting officer will sign on behalf of the United States, over his typed or stamped name and official title. In the case of negotiated contracts, the contracting officer will sign after the contractor, except where otherwise required by the particular contract form or by the circumstances of the procurement.

§ 12B-50.103-4 Contractor's signature.

(a) Contracts with individuals. A contract with an individual will be signed by the individual in his own name. A contract with an individual doing business as a firm will be signed by that individual and will ordinarily take the following form:

(Signed) JOHN DOE.

John Doe, an individual doing business as John Doe Co.

(b) Contracts with partnerships. Contracts entered into with partnerships will be executed in the partnership name. The contract need be signed by only one partner: Provided, The authority of the particular partner to bind the partnership has been established. The evidence required to establish the authority of a particular partner to bind the partnership is for the determination of the contracting officer. Prior to execution of the contract a list of all members of the partnership will be obtained.

(c) Contracts with corporations. Contracts with corporations will be executed in the corporate name, followed by the word "by" after which the person who has been authorized to execute the contract on behalf of the corporation will sign his name, with designation of his official capacity. The evidence required to establish the authority of a particular person to bind a corporation is for the determination of the contracting officer.

(d) Contracts with joint venturers. Contracts with joint venturers may involve a corporation and a partnership, a partnership and an individual, or other combination. In these cases the contract will be signed by each participant in the joint venture in the manner indicated above for each type of participant.

When a corporation is participating, a certificate should be obtained from its secretary stating that the corporation is authorized to participate in the joint venture.

(e) Signature of agents. When the contractual document is to be signed by an agent, other than as stated above, the fact of the agency must be clearly established by evidence satisfactory to the contracting officer.

§ 12B-50.104 Distribution of contracts.

All formal contracts (exclusive of procurements made in accordance with Subparts 1-3.6 of this title and 12B-3.6 of this chapter), supplemental agreements, change orders and assignments executed by designated contracting officers shall be distributed as follows:

(a) Original contract, with original SF-1036 and related bonds shall be forwarded to the Authorized Certifying Officer (ACO) attached to the activity which is to make payment or effect final settlement of the contract.

(b) One copy signed by the contracting officer to the contractor.

(c) One copy retained in files of contracting office.

(d) One copy to unit or office requesting procurement.

(e) One copy to appropriate accounting office.

(f) (1) One copy of contracts of $2,000 or more for construction or repair of shore facilities to Commandant (ECV).

(2) One copy of contracts for procurement, repair or alteration of ships to Commandant (ENE).

The use of term contracts is restricted to minor repair work on vessels not larger than 125 feet in length. Work on larger vessels and all major overhaul and repair work will be the subject of specific contracts. Term contracts should be executed only at units to which numerous vessels of similar characteristics, which require frequent hauling out and minor work, are attached.

§ 12B-50.302 Contracts to be executed by Headquarters.

(a) Construction of vessels. All contracts for the construction of vessels, as distinguished from alteration and repairs to vessels, will be executed by Contracting Officer, Coast Guard Headquarters, Washington, D.C. 20591.

(b) Negotiation limited to Headquarters. Contracts negotiated under circumstances requiring Headquarters action as set forth in Part 12B-3 of this chapter will be executed by Contracting Officer, Coast Guard Headquarters, Washington, D.C. 20591.

(a) General. Information bulletins covering term contracts executed by Coast Guard contracting officers other than Headquarters contracting officers will be promptly furnished to all units which may make use of such contracts. The bulletins shall be in sufficient detail to permit settlement of contractor's invoices and will cite:

(1) Contract numbers;

(2) Date of the contract;

(3) Name and address of the contractor;

(4) Delivery points and delivery conditions;

(5) Items and prices;

(6) Applicable discounts;

(7) Size of business concern (Small or other);

(8) Whether formally advertised or negotiated; and

(9) If it is a Small Business set-aside. District commanders shall also furnish information covering contracts executed by other Government agencies which are available for Coast Guard use to all district units and transient vessels which may utilize such contracts.

(b) Copies to be furnished Headquarters. One copy of each term contract bulletin prepared by units with contracting officers will be forwarded to the Commandant (FS).

§ 12B-50.304 Units not authorized to execute or number contracts.

Quotations solicited by units with limited purchasing authority (see § 12B75.201(d) of this chapter) will be transmitted to the cognizant district commander (f) or to the Commandant (FS) in the case of Headquarters units for accomplishment. The original and 3 copies of each quotation will be forwarded with a letter containing the following information:

(a) The necessity for the contract;

(b) The names of the dealers or manufacturers from whom quotations were solicited;

(c) A recommendation as to award; and

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

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 (Ch. 137), 70A Stat. 127-133, as amended, sec. 6(b), 80 Stat. 938; 14 U.S.C. 633, 10 U.S.C. 23012314, 49 U.S.C. 1655(b); 49 CFR 1.4 (a)(2) and (f)) [33 F.R. 16264, Nov. 5, 1968]

12B-75.200 12B-75.201

Officers

Scope of subpart.

Designation of Contracting
Officers.

AUTHORITY: The provisions of this Part 12B-75 issued under sec. 633, 63 Stat. 545, secs. 2301-2314 (Ch. 137), 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.

§ 12B-75.000 Scope of part.

This part sets forth procurement authority, designation of contracting officers and the general authorities and responsibilities of such officers.

Subpart 12B-75.1-Procurement
Authority and Responsibility

§ 12B-75.100 Procurement authority.

The basic authority for procurement for the Coast Guard is contained in Chapter 137, Title 10, U.S.C., as amended. This authority applies to the purchase and contract to purchase of all supplies and services authorized for operation of the Coast Guard or as specifically authorized in appropriation acts or other laws.

ignated 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.

§ 12B-75.102 General responsibilities. § 12B-75.102-1 Contracting officer.

(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.

§ 12B-75.102-2 Other personnel.

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.

§ 12B-75.103 Contracting Officers' representatives.

(a) A contracting Officer may designate qualified Coast Guard military and 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 Officer 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 business 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. The chief officer responsible for procurement may designate such qualified employees as Contracting Officers, as he deems appropriate within monetary and other limitations as specifically set out in the designation of authority in addition to the designations set forth in this § 12B-75.201.

(b) Coast Guard Headquarters. The Chief and Assistant Chief of the Procurement Branch, Supply Division, are designated as Contracting Officers for all types of contracts.

(c) Field units. District Commanders and Commanding Officers of Headquarters units are designated as Contracting Officers for fixed price contracts with authority to delegate such authority to officers assigned to finance and supply duty and/or qualified civilian employees of not less than 21 years of age assigned within their respective commands as they deem necessary and appropriate. Designations of Contracting Officers with authority in excess of limitations imposed in this Chapter 12B will be as specifically authorized in individual letters of designation by the chief officer responsible for procurement.

authority.

(d) Limited purchasing Those contracting officers specifically designated as such in paragraph (c) of this section may authorize qualified Coast Guard personnel of not less than 21 years of age within their supply support area to act as contracting officers with limited purchasing authority and to effect small purchases from commercial sources as set forth below:

(1) Not exceeding $250 for supplies and services.

(2) Unforeseen requirements for industrial work orders when the delay in effecting procurement from regular

sources of supply would not be economically feasible, not to exceed $2,500.

(3) Emergency procurement of supplies and services necessary for operational requirements, preservation of government property, safety and/or welfare of human life, not exceeding $2,500.

(4) Procurement of provisions required for operation of a general mess, not to exceed $2,500.

(5) Procurement not exceeding $2,500 for supplies or $2,000 for services authorized under small purchase procedures as deemed necessary may be delegated to qualified personnel assigned to duty as supply officer or purchasing clerk.

(e) Ordering officers. Designated Contracting Officers may designate qualified Coast Guard military and civilian personnel of not less than 21 years of age within their supply support area as ordering officers for the purpose of placing orders under contracts and upon other Government sources subject to monetary limitations and procedural requirements as may be prescribed by the designating official or by other regulations and laws; provided, however, that firm fixed prices are established by the related contract or schedule and the contractor is bound by the terms of the contract or schedule to accept orders thereon.