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Who Is the Contracting Authority

By 2022-04-19No Comments

(i) define the extent of the CoR`s power to act on behalf of the contracting authority; (1) the assignment of contractual functions and responsibilities from one body to another; and the termination of an appointment of a member of the contract staff shall be by letter, unless the certificate of appointment contains other provisions relating to automatic termination. Layoffs may be made for reasons such as reassignment, termination of employment, or unsatisfactory performance. A termination does not apply retroactively. (1) new treaty-making power obliging the United States to spend; (d) designate and authorise a representative of a contract agent (CoR) in writing and in accordance with the Agency`s procedures for all contracts and contracts other than fixed prices and, where appropriate, for fixed-price contracts and contracts, unless the contract agent retains and performs the tasks of the CoR. See 7.104(e). Α Cor— 3. The ratifying authority referred to in point (b)(2) of this Subsection may be delegated in accordance with the Agency`s procedures, but in no case may the authority be delegated below the level of the head of the contracting entity. (a) experience in public procurement and public administration, commercial procurement or related fields; (a) Contract agents shall be appointed in writing on a certificate of appointment SF 1402 specifying all limitations on the scope of the powers to be exercised, with the exception of limitations contained in applicable laws or regulations. Staff members who cease appointments keep records containing copies of all appointments that have not ended.c) the restrictions.

The power referred to in point (b)(2) of this Subsection may be exercised only if: 2. Subject to the restrictions set out in point (c), the public procurement officer may confirm an unauthorised commitment, unless the Agency appoints a senior official. If a new contractual power is provided for under section 401 of the Congressional Budget Act of 1974, it must be subject to funds, otherwise it will be the subject of a point of order in exchange for its consideration. This means that congressional budget committees must be explicitly authorized to determine the amount of spending power allocated to the program in a form similar to „funds approval.“ (ii) identify the limits of the CoR`s competences; Unless such bill, joint resolution, amendment, motion or conference report also provides that the new authority shall take effect for each fiscal year only to the extent or in the amounts provided for in advance in the Laws on the Allocation of Funds. „Ratification“, as used in this subsection, means the act of approving an obligation not authorized by an official authorized to do so. (2) the new power to assume debts (other than debts incurred under Title 31, Chapter 31 of the United States Code) for which the United States is responsible; or (a) unless expressly prohibited by any other legislative provision, the authority and responsibility for approved supply and service contracts rests with the head of the Agency. The Head of the Agency may establish contracting activities and delegate broad authorities to manage the Agency`s contracting functions to the managers of those contracting activities. Contracts can only be entered into and signed on behalf of the government by contractors. In some bodies, a relatively small number of senior officials are appointed as contract staff solely on the basis of their position. Contract staff at the level of manager of a contractual activity are selected and appointed in point 1.603.

(5) is not permitted to enter into any obligations or changes that affect price, quality, quantity, delivery or other contractual terms, or to order the Contractor or its subcontractors to act in any manner contrary to the terms of the Contract; 5. The procuring entity shall recommend payment and the lawyer shall accept the recommendation, unless the Agency`s procedures expressly require such consent; (4) Responsibility for the performance of tasks delegated to a contract management body under 42.202 shall not be delegated responsibility for the performance of tasks delegated under 42.302; .01 Minister of Commerce. The Secretary has delegated agency head authority among agencies in 41 U.S.C. Chapters 4 and 48 CFR Chapter 1 relating to purchases and contracts for real property or services and other powers related to the procurement of the Secretary to the Chief of Acquisitions, unless a law provides that the authority of the Secretary is not delegable. Specific authorities that cannot be delegated and remain in the hands of the Secretary are set out in Part 1301.70 of the CAM. 02 Head of Acquisitions. One. Pursuant to doO 10-5, the Secretary has delegated the authority conferred by the Code of Federal Regulations to the Chief Procurement Officer with respect to purchases and contracts for real property or services, as well as to other organizations related to the Secretary`s procurement.

b. The different contracting authorities are listed in Part 1301.70 of the CAM. These authorities are delegated to the Head of Procurement and must be exercised by that person. They can no longer be delegated. .03 Director of Procurement Management and Procurement Manager. One. In accordance with DOO 10-5 and DOO 20-26, the Chief Procurement Officer has delegated authority to act as pe to the Director of Procurement Management. As a PE, the Director of Procurement Management is responsible across the department for planning, developing and implementing policies and procedures for the procurement of materials, supplies, equipment and services through procurement processes and contracts, as well as for the operation of a contract office for the Secretary`s Office and other elements of the department.

b. The authority to set up procurement activities and delegate major contracting authorities to HCAs rests with the EP. c. The different contracting authorities are listed in Part 1301.70 of the CAM. These powers are conferred on the PE and are exercised by that person. They can no longer be delegated. d. The MOU issues a Contracting Officer Warrant Officer to each OPL, who delegates the authority to enter into, manage and/or terminate contracts and to make related decisions and decisions. .04 Head of Operational Units. One. Heads of the following business units are authorized to operate contract offices: 1. NOAA in accordance with DOO 25-5, National Oceanic and Atmospheric Administration; 2.

NIST, according to DOO 30-2B, „National Institute of Standards and Technology“; 3. USPTO, pursuant to doo 30-3, „United States Patent and Trademark Office“; and the 4th census, according to DOO 35-2B, „Census Bureau“. Heads of operational units are not allowed to establish new contract offices. Only the EP can authorise the creation of new contracting offices. .05 Chief Procurement Officer. One. Contract Activity Managers (CSCs) have overall responsibility and accountability for procurement undertaken in support of their organization`s programs and activities, and in particular for contractual decisions they must make in their capacity as HCA or by those in their organization who have delegated authority to make contractual decisions. b.

Certain contracting authorities are delegated in Part 1301.70 of the CAM. These powers are delegated to the HCA and must be exercised by that person. They can no longer be delegated. c. HCAs in operational units without contract offices (see paragraphs 2.10 and 4.04 of these Regulations) may delegate the powers referred to in Part 1301.70 of the CAM, which may be exercised below the HCA level, to persons in the operational unit providing their procurement service. Such delegations shall be made by mutual agreement between the parties. Persons performing these delegated functions must be at the appropriate levels of the service organization, as specified in paragraph 4.05, paragraph 2.04 of this Ordinance and Part 1301.70 of the CAM. The delegations referred to in paragraph 4.05 shall be in writing and shall indicate the specific organizational position to be taken by the delegation. .06 Senior Procurement Officer of the Office a. HCAs may delegate the authority to perform the day-to-day functions of managing the organization`s contracting activities to the Office`s Chief Procurement Officer (OPL).

b. Certain contracting authorities are delegated in Part 1301.70 of the CAM. These powers are delegated to the OPL and must be exercised by that person. They can no longer be delegated. c. OPOs issue a contract agent mandate to each HCO delegating the authority to enter into, manage and/or terminate contracts and to make related decisions and decisions. d. OPOs issue contract agent warrants to qualified persons in their respective business units. .07 Various delegations. Cam 1301.70 identifies delegations to persons other than those referred to in paragraphs 4.01 to 4.06 of this Order. .

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