-------------------------------- --------------------------------------
  Name:                            Yvonne Joseph

  Routing Symbol:                  ASU-110

  Phone:                           78638

  What pushes this change?         A need to clarify the flow of
                                   delegation from the Administrator
                                   on-down; to connect this section to
                                   the original delegation documents; to
                                   include sample delegations; and to
                                   reflect current status of delegated
                                   authority

  Is there a source for the reason See preceding block.
  for the change? Yes or No. If    
  yes, what is the source.[^1]     

  Policy or Guidance (identify     Guidance
  which):                          

  Brief Description of Change:     Update the information.

  Brief Explanation of Reason for  See above.
  Change:                          

  Language of Change:[^2] (attach  See attached.
  document)                        

  Extent of Development &          Reviewed by AGC.
  Review:[^3]                      

  Target Audience:                 Contracts personnel

  Approval Levels Already          AGC
  Obtained:                        

  Budget Impact:[^4]               None

  Potential links within FAST for  The document contains numerous links.
  the change:                      Note that the link should occur on the
                                   word that is ***[bold, italicized and
                                   underlined]{.underline}*** and
                                   followed by information in bracket
                                   specifying the insertion of links.
                                   Also, please remove the \"bold\" and
                                   \"underline\" at the site of the link
                                   when this is incorporated into FAST.

  What do you want the ASAG to do  Adopt into toolbox
  with the change?[^5]             

  Do you have a certain time frame January 2002 publication desired.
  to meet? Yes or No. If yes, what 
  is it?                           
  -------------------------------- --------------------------------------

  ----------------------- -------------------------------------------------------- --------------------
                                                                                   

                          Issue Date (revision): XXXX 2001(rev. 2)                 

  [Section]{.underline}   [Topics in the Section]{.underline}                      [Page]{.underline}

  **A**                   **Contracting Authority**                                

                                                                                   

  1                       Delegated Authority for Contracting and Other            1
                          Procurement Activities                                   

                                                                                   

  2                       Summary of Authorities, Delegations, and Determinations  4

                                                                                   

  3                       Ratification of Unauthorized Commitments                 8

                                                                                   

  **B**                   **Clauses**                                              14

                                                                                   

  **C**                   **Forms**                                                14

  **D**                   **Appendix**                                             14
  ----------------------- -------------------------------------------------------- --------------------

**A. CONTRACTING AUTHORITY**

**1. DELEGATED CONTRACTING AUTHORITYFOR CONTRACTING AND OTHER
PROCUREMENT ACTIVITIES**

a\. *General.*

The (1) *Authority.* The Administrator has authority (1) to enter into
and perform contracts, leases, grants, cooperative agreements, and other
transactions necessary to carry out the functions of the Administrator
or the Administration; and (2) to redelegate authority to manage FAA
contracting functions to the FAA Acquisition Executive (FAE).

\(2\) *Delegations of Authority.*

\(a\) In order for personnel to carry out the FAA's contracting and
other contracting activities, they must have the Administrator's
authority described in subparagraph (1) -- "Authority" above delegated
to them. To accomplish this, a series of delegations of authority was
made that authorized selected personnel to conduct contracting and other
procurement activities for the FAA. The FAST Toolsets, Toolbox,
"Delegation of Authority" section contains the delegations that occurred
from the -- **\[INSERT LINK**\]---Administrator to the FAE and from the
FAE to the Chiefs of the Contracting Offices (COCO). Subsequently the
COCO redelegated this authority to contracting officers and other
persons.

\(b\) Form. All delegations of authority to perform contracting and
other procurement activities must be in writing and explicitly state the
authority and/or limitations they convey.

\(3\) *COCO Responsibilities.*

(a) COCO's are defined in the COCO section of the table found in
    Paragraph 2. - "Summary of Authorities, Delegations, and
    Determinations". The COCO, acting within the scope of the delegation
    from the FAE, is responsible for conducting contracting and other
    procurement activities of the agency and to appoint individuals,
    such as contracting officers to enter into and administer contacts,
    etc.

The (b) *Review/Approve Qualifications.* The COCO should review and
approve the qualifications (such as training, education, and experience)
of personnel being considered for CO certification or other types of
procurement authority.

\(c\) *Periodic Review*. The COCO should periodically review the status
of existing CO warrants and other procurement delegations to validate
that such delegations remain appropriate.

\(d\) *Terminate Delegations*. The COCO may terminate warrants or other
purchasing delegations at any time. The COCO will terminate any
purchasing authority including warrants by letter, unless the original
delegation contains other provisions for automatic termination. Reasons
for such termination may include:

\(b\) Failure to maintain any standards after appointment;

\(c\) Violation of a material portion of the ethics guidance for Federal
employees and/or standards of conduct for Department of Transportation
employees;

\(d\) The need for a CO no longer exists;

\(e\) Reassignment of the appointee to a position where the need for the
authority does not exist; or

\(f\) Retirement, resignation, or other termination of the appointee\'s
employment.

\(2\) Excluding personnel with limited purchasing authority (see
paragraph b. below), only persons who have been delegated CO authority
may enter into, administer, and terminate contracts and agreements,
which includes i (i) Failure to comply with applicable requirements,
statutes, or delegated responsibilities;

\(ii\) Failure to maintain any standards after appointment;

\(iii\) Violation of a material portion of the ethics guidance for
Federal employees and/or standards of conduct for Department of
Transportation employees;

\(iv\) The need for a CO no longer exists;

\(v\) Reassignment of the appointee to a position where the need for the
authority does not exist; or

\(vi\) Retirement, resignation, or other termination of the appointee\'s
employment.

\(4\) *Types of Contracting/Purchasing Authority.*

\(a\) *Contracting Officer Warrants.*

\(i\) *Certificate of Appointment.* The COCO delegates contracting
authority to the CO via a written certificate of appointment, commonly
called a "warrant".

\(ii\) *Limitations.* The warrant authorizes the CO to contractually
bind the FAA and must expressly state the limitations of authority,
other than limitations contained in applicable laws or regulations.

(AA) Grants, cooperative agreements and other transactions, as defined
in subparagraph (iv) - "Discrete Authority for Cooperative Agreements
and Other Transactions"

are excluded from the CO's authority unless expressly stated on the
warrant. See subparagraph (iv) -- Discrete Authority for Cooperative
Agreements and Other Transactions.

(BB) Warrants are typically limited or unlimited. The limited warrant
generally states a dollar limitation that precludes the CO from
transactions above the specified dollar limitation. Unlimited warrants
allow transactions at any dollar value.

\(iii\) *Regional Administrators and Center Directors*. COCO\'s have
delegated unlimited contracting authority to their respective regional
administrators or center directors.

\(iv\) *Discrete Authority for Grants, Cooperative Agreements and Other
Transactions.*

(AA) The authority of the Administrator to award and administer grants,
cooperative agreements and other transactions , as defined in T3.8.1 was
delegated to the FAA Acquisition Executive (FAE) on December 17, 1997
\[INSERT LINK\] and subsequently redelegated from the FAE to the
following on January 8, 1998 \[INSERT LINK\] subject to the restrictions
in (CC) below:

\- Regional administrators

\- Center directors

\- Manager, Contracts Division, ASU-300

\- Manager, Logisitics Branch, ACT-130

\- Program Director of Acuisition, AMQ-1

\- Manager, Logistics Division, AAL-50

\- Manager, Logistics Support Group, ACE-22

\- Manager Logistics Division, AEA-50

\- Manager, Fiscal and Material Services, AGL-50

\- Manager, Logistics Division, ANE-50

\- Manager, Logistics Division, ANM-50

\- Manager, Logistics Division, ASO-50

\- Manager, Logistics Division, ASW-50

\- Manager, Logistics Division, AWP-50.

(BB) *Further Delegation.* The above authority may be further redelgated
by the individuals specified in (AA) to CO\'s possessing the appropriate
knowledge, experience, training, and skills for awarding and
administering these agreements Any such delegation to other individuals
must be expressly stated on the individual warrant.

\(CC\) *Restriction on Delegated Authority.* Notwithstanding the
delegations reflected in the preceding subparagraph (AA) and (BB), the
Administrator retains the right to review any grant or cooperative
agreement (other than those awarded under the preexisting authority
contained in 49 U.S.C. 44912, 44505 and 47101, et. Seq.) or other
transactions with a total cumulative value equal to, or greater than
\$10 million, or which is of significant congressional interest. (See
3.8.1 A.1.m.)

(DD) *Warrants.* Individuals that ultimately are delegated the authority
discussed here, must have warrants that expressly state the authority to
conduct grants, cooperative agreements and other transactions. ***(See
Appendix Attachement 2)***

\(v\) *Displaying Contracting Officer Warrants*. The CO should display
the warrant in his/her work area to make information on the limits of
the CO's authority readily available to the public and FAA personnel.

\(b\) *Limited Purchasing Authority.*

\(i\) The COCO may delegate a more limited form of procurement authority
to individuals that are not warranted contracting officers. These
delegations may cover purchases by credit card, SF 44, or third party
draft. However, as a result of the emphasis on electronic transactions,
in practice such delegations typically cover credit cards only. The COCO
should delegate this authority by memorandum to approved individuals.
The memorandum should cite the specific dollar or other limitations
governing the procurement authority. Typically, the delegating
memorandum specifies a "single-purchase" dollar limit, but may include
other limitations such as a monthly ceiling.

**CHECK TO SEE IF COCO DELEGATIONS TO RA\'S AND CD\'S WAS A COCO
DELEGATION OR A CONTRACTING AUTHORITY. THAT WILL DETERMINE IF ABOVE (I)
APPLIES TO RA\'S AND CD\'S.**

\(ii\) The limited form of procurement authority is granted primarily to
contract office personnel. However, the COCO may provide delegations of
limited procurement authority to individuals outside the contract
office. Managers in other offices that require limited purchasing
authority may apply for a credit card in writing and submit the
application to the COCO. The COCO will generate a delegation of
procurement authority (DPA) by memorandum to the individual receiving
the authority. Individuals other than contracts personnel who have been
delegated procurement authority include logistics management specialists
or general supply specialists. This authority may not be redelegated.

**2. SUMMARY OF AUTHORITIES, DELEGATIONS, AND DETERMINATIONS**

The following tables show procurement authorities, delegations, and
responsibility for determinations, as provided in the Acquisition
Management System (AMS) and in the procurement toolbox guidance
(citations beginning with "T" refer to procurement toolbox guidance).

+---------+---+---------+---------------------------------------------+---+
| Subject | R |         | **FAA Administrator**                       |   |
|         | e |         |                                             |   |
|         | f |         |                                             |   |
|         | e |         |                                             |   |
|         | r |         |                                             |   |
|         | e |         |                                             |   |
|         | n |         |                                             |   |
|         | c |         |                                             |   |
|         | e |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
|         |   |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
|         |   |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
| AMS     |   | G       |                                             |   |
| 3.1.4   |   | eneral: |                                             |   |
|         |   | The     |                                             |   |
|         |   | Adminis |                                             |   |
|         |   | trator, |                                             |   |
|         |   | through |                                             |   |
|         |   | P.L.    |                                             |   |
|         |   | 1       |                                             |   |
|         |   | 04-264, |                                             |   |
|         |   | has     |                                             |   |
|         |   | broad   |                                             |   |
|         |   | aut     |                                             |   |
|         |   | hority: |                                             |   |
|         |   | "\...to |                                             |   |
|         |   | enter   |                                             |   |
|         |   | into    |                                             |   |
|         |   | and     |                                             |   |
|         |   | perform |                                             |   |
|         |   | such    |                                             |   |
|         |   | con     |                                             |   |
|         |   | tracts, |                                             |   |
|         |   | leases, |                                             |   |
|         |   | and     |                                             |   |
|         |   | coop    |                                             |   |
|         |   | erative |                                             |   |
|         |   | agre    |                                             |   |
|         |   | ements, |                                             |   |
|         |   | or      |                                             |   |
|         |   | trans   |                                             |   |
|         |   | actions |                                             |   |
|         |   | as may  |                                             |   |
|         |   | be      |                                             |   |
|         |   | ne      |                                             |   |
|         |   | cessary |                                             |   |
|         |   | to      |                                             |   |
|         |   | carry   |                                             |   |
|         |   | out     |                                             |   |
|         |   | fu      |                                             |   |
|         |   | nctions |                                             |   |
|         |   | of the  |                                             |   |
|         |   | Admini  |                                             |   |
|         |   | strator |                                             |   |
|         |   | and the |                                             |   |
|         |   | Ad      |                                             |   |
|         |   | ministr |                                             |   |
|         |   | ation\. |                                             |   |
|         |   | ...with |                                             |   |
|         |   | any     |                                             |   |
|         |   | Federal |                                             |   |
|         |   | agency, |                                             |   |
|         |   | or any  |                                             |   |
|         |   | i       |                                             |   |
|         |   | nstrume |                                             |   |
|         |   | ntality |                                             |   |
|         |   | of the  |                                             |   |
|         |   | United  |                                             |   |
|         |   | States, |                                             |   |
|         |   | any     |                                             |   |
|         |   | ter     |                                             |   |
|         |   | ritory, |                                             |   |
|         |   | or      |                                             |   |
|         |   | poss    |                                             |   |
|         |   | ession, |                                             |   |
|         |   | or      |                                             |   |
|         |   | po      |                                             |   |
|         |   | litical |                                             |   |
|         |   | subd    |                                             |   |
|         |   | ivision |                                             |   |
|         |   | t       |                                             |   |
|         |   | hereof, |                                             |   |
|         |   | any     |                                             |   |
|         |   | other   |                                             |   |
|         |   | gover   |                                             |   |
|         |   | nmental |                                             |   |
|         |   | entity, |                                             |   |
|         |   | or any  |                                             |   |
|         |   | person, |                                             |   |
|         |   | firm,   |                                             |   |
|         |   | assoc   |                                             |   |
|         |   | iation, |                                             |   |
|         |   | corpo   |                                             |   |
|         |   | ration, |                                             |   |
|         |   | or      |                                             |   |
|         |   | educ    |                                             |   |
|         |   | ational |                                             |   |
|         |   | insti   |                                             |   |
|         |   | tution, |                                             |   |
|         |   | on such |                                             |   |
|         |   | terms   |                                             |   |
|         |   | and     |                                             |   |
|         |   | con     |                                             |   |
|         |   | ditions |                                             |   |
|         |   | as the  |                                             |   |
|         |   | Admini  |                                             |   |
|         |   | strator |                                             |   |
|         |   | may     |                                             |   |
|         |   | c       |                                             |   |
|         |   | onsider |                                             |   |
|         |   | approp  |                                             |   |
|         |   | riate." |                                             |   |
|         |   | The     |                                             |   |
|         |   | Admini  |                                             |   |
|         |   | strator |                                             |   |
|         |   | may     |                                             |   |
|         |   | es      |                                             |   |
|         |   | tablish |                                             |   |
|         |   | cont    |                                             |   |
|         |   | racting |                                             |   |
|         |   | act     |                                             |   |
|         |   | ivities |                                             |   |
|         |   | and     |                                             |   |
|         |   | d       |                                             |   |
|         |   | elegate |                                             |   |
|         |   | to the  |                                             |   |
|         |   | FAA     |                                             |   |
|         |   | Acqu    |                                             |   |
|         |   | isition |                                             |   |
|         |   | Ex      |                                             |   |
|         |   | ecutive |                                             |   |
|         |   | (FAE)   |                                             |   |
|         |   | broad   |                                             |   |
|         |   | au      |                                             |   |
|         |   | thority |                                             |   |
|         |   | to      |                                             |   |
|         |   | manage  |                                             |   |
|         |   | FAA     |                                             |   |
|         |   | cont    |                                             |   |
|         |   | racting |                                             |   |
|         |   | fun     |                                             |   |
|         |   | ctions. |                                             |   |
|         |   | The     |                                             |   |
|         |   | Admini  |                                             |   |
|         |   | strator |                                             |   |
|         |   | has     |                                             |   |
|         |   | final   |                                             |   |
|         |   | au      |                                             |   |
|         |   | thority |                                             |   |
|         |   | for all |                                             |   |
|         |   | acqu    |                                             |   |
|         |   | isition |                                             |   |
|         |   | m       |                                             |   |
|         |   | atters, |                                             |   |
|         |   | unless  |                                             |   |
|         |   | del     |                                             |   |
|         |   | egated. |                                             |   |
+---------+---+---------+---------------------------------------------+---+
|         |   |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
| Au      | A |         | The Administrator, through P.L. 104-264,    |   |
| thority | M |         | has broad authority: "\...to enter into and |   |
| for     | S |         | perform such contracts, leases, and grants, |   |
| Cont    | 3 |         | cooperative agreements, or other            |   |
| racting | . |         | transactions as may be necessary to carry   |   |
| and     | 1 |         | out functions of the Administrator and the  |   |
| Other   | . |         | Administration\....with any Federal agency, |   |
| Proc    | 4 |         | or any instrumentality of the United        |   |
| urement |   |         | States, any territory, or possession, or    |   |
| Act     |   |         | political subdivision thereof, any other    |   |
| ivities |   |         | governmental entity, or any person, firm,   |   |
|         |   |         | association, corporation, or educational    |   |
|         |   |         | institution, on such terms and conditions   |   |
|         |   |         | as the Administrator may consider           |   |
|         |   |         | appropriate." The Administrator may         |   |
|         |   |         | establish contracting activities and final  |   |
|         |   |         | authority for all acquisition matters.      |   |
+---------+---+---------+---------------------------------------------+---+
| T3.2.2. |   | Debarme |                                             |   |
| 7.B.3.c |   | nt/Susp |                                             |   |
|         |   | ension: |                                             |   |
| T3.2.2. |   | The     |                                             |   |
| 7.B.4.a |   | Admini  |                                             |   |
|         |   | strator |                                             |   |
|         |   | is the  |                                             |   |
|         |   | debarr  |                                             |   |
|         |   | ing/sus |                                             |   |
|         |   | pending |                                             |   |
|         |   | o       |                                             |   |
|         |   | fficial |                                             |   |
|         |   | and     |                                             |   |
|         |   | should  |                                             |   |
|         |   | sign    |                                             |   |
|         |   | the     |                                             |   |
|         |   | notice  |                                             |   |
|         |   | re      |                                             |   |
|         |   | garding |                                             |   |
|         |   | the     |                                             |   |
|         |   | po      |                                             |   |
|         |   | tential |                                             |   |
|         |   | or      |                                             |   |
|         |   | actual  |                                             |   |
|         |   | debarme |                                             |   |
|         |   | nt/susp |                                             |   |
|         |   | ension. |                                             |   |
+---------+---+---------+---------------------------------------------+---+
|         |   |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
|         |   |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
|         |   |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
|         |   |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
|         |   |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
|         |   |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
|         |   |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
| AMS     |   | G       |                                             |   |
| 3.1.4   |   | eneral: |                                             |   |
|         |   | The FAE |                                             |   |
|         |   | is      |                                             |   |
|         |   | auth    |                                             |   |
|         |   | orized, |                                             |   |
|         |   | by      |                                             |   |
|         |   | del     |                                             |   |
|         |   | egation |                                             |   |
|         |   | from    |                                             |   |
|         |   | the     |                                             |   |
|         |   | Adminis |                                             |   |
|         |   | trator, |                                             |   |
|         |   | broad   |                                             |   |
|         |   | au      |                                             |   |
|         |   | thority |                                             |   |
|         |   | to      |                                             |   |
|         |   | manage  |                                             |   |
|         |   | FAA     |                                             |   |
|         |   | cont    |                                             |   |
|         |   | racting |                                             |   |
|         |   | fun     |                                             |   |
|         |   | ctions. |                                             |   |
|         |   | The FAE |                                             |   |
|         |   | is      |                                             |   |
|         |   | aut     |                                             |   |
|         |   | horized |                                             |   |
|         |   | to      |                                             |   |
|         |   | appoint |                                             |   |
|         |   | Chiefs  |                                             |   |
|         |   | of the  |                                             |   |
|         |   | Cont    |                                             |   |
|         |   | racting |                                             |   |
|         |   | Office  |                                             |   |
|         |   | (COCO)  |                                             |   |
|         |   | and     |                                             |   |
|         |   | cont    |                                             |   |
|         |   | racting |                                             |   |
|         |   | o       |                                             |   |
|         |   | fficers |                                             |   |
|         |   | in      |                                             |   |
|         |   | writing |                                             |   |
|         |   | and may |                                             |   |
|         |   | red     |                                             |   |
|         |   | elegate |                                             |   |
|         |   | this    |                                             |   |
|         |   | aut     |                                             |   |
|         |   | hority. |                                             |   |
|         |   | (Note:  |                                             |   |
|         |   | in      |                                             |   |
|         |   | impleme |                                             |   |
|         |   | ntation |                                             |   |
|         |   | of the  |                                             |   |
|         |   | above,  |                                             |   |
|         |   | au      |                                             |   |
|         |   | thority |                                             |   |
|         |   | has     |                                             |   |
|         |   | been    |                                             |   |
|         |   | granted |                                             |   |
|         |   | by      |                                             |   |
|         |   | AOA-1   |                                             |   |
|         |   | to      |                                             |   |
|         |   | ARA-1.  |                                             |   |
|         |   | ARA-1   |                                             |   |
|         |   | has, in |                                             |   |
|         |   | a 1996  |                                             |   |
|         |   | memo    |                                             |   |
|         |   | randum, |                                             |   |
|         |   | des     |                                             |   |
|         |   | ignated |                                             |   |
|         |   | in      |                                             |   |
|         |   | writing |                                             |   |
|         |   | certain |                                             |   |
|         |   | po      |                                             |   |
|         |   | sitions |                                             |   |
|         |   | to be   |                                             |   |
|         |   | Chief   |                                             |   |
|         |   | of the  |                                             |   |
|         |   | Cont    |                                             |   |
|         |   | racting |                                             |   |
|         |   | Office  |                                             |   |
|         |   | (COCO), |                                             |   |
|         |   | and has |                                             |   |
|         |   | p       |                                             |   |
|         |   | rovided |                                             |   |
|         |   | these   |                                             |   |
|         |   | po      |                                             |   |
|         |   | sitions |                                             |   |
|         |   | with    |                                             |   |
|         |   | un      |                                             |   |
|         |   | limited |                                             |   |
|         |   | cont    |                                             |   |
|         |   | racting |                                             |   |
|         |   | au      |                                             |   |
|         |   | thority |                                             |   |
|         |   | with    |                                             |   |
|         |   | au      |                                             |   |
|         |   | thority |                                             |   |
|         |   | to      |                                             |   |
|         |   | red     |                                             |   |
|         |   | elegate |                                             |   |
|         |   | to      |                                             |   |
|         |   | indi    |                                             |   |
|         |   | viduals |                                             |   |
|         |   | within  |                                             |   |
|         |   | his/her |                                             |   |
|         |   | cont    |                                             |   |
|         |   | racting |                                             |   |
|         |   | office. |                                             |   |
|         |   | The     |                                             |   |
|         |   | mem     |                                             |   |
|         |   | orandum |                                             |   |
|         |   | of      |                                             |   |
|         |   | AOA-1   |                                             |   |
|         |   | is      |                                             |   |
|         |   | titled  |                                             |   |
|         |   | "Del    |                                             |   |
|         |   | egation |                                             |   |
|         |   | of      |                                             |   |
|         |   | Auth    |                                             |   |
|         |   | ority," |                                             |   |
|         |   | dated   |                                             |   |
|         |   | August  |                                             |   |
|         |   | 2,      |                                             |   |
|         |   | 1996.   |                                             |   |
|         |   | The     |                                             |   |
|         |   | po      |                                             |   |
|         |   | sitions |                                             |   |
|         |   | which   |                                             |   |
|         |   | have    |                                             |   |
|         |   | been    |                                             |   |
|         |   | des     |                                             |   |
|         |   | ignated |                                             |   |
|         |   | by      |                                             |   |
|         |   | ARA-1   |                                             |   |
|         |   | as      |                                             |   |
|         |   | COCO's  |                                             |   |
|         |   | are:    |                                             |   |
|         |   | M       |                                             |   |
|         |   | anager, |                                             |   |
|         |   | Co      |                                             |   |
|         |   | ntracts |                                             |   |
|         |   | Di      |                                             |   |
|         |   | vision, |                                             |   |
|         |   | A       |                                             |   |
|         |   | SU-300; |                                             |   |
|         |   | M       |                                             |   |
|         |   | anager, |                                             |   |
|         |   | Lo      |                                             |   |
|         |   | gistics |                                             |   |
|         |   | Branch, |                                             |   |
|         |   | ACT-50; |                                             |   |
|         |   | Program |                                             |   |
|         |   | D       |                                             |   |
|         |   | irector |                                             |   |
|         |   | of      |                                             |   |
|         |   | Acqui   |                                             |   |
|         |   | sition, |                                             |   |
|         |   | AMQ-1;  |                                             |   |
|         |   | M       |                                             |   |
|         |   | anager, |                                             |   |
|         |   | Lo      |                                             |   |
|         |   | gistics |                                             |   |
|         |   | Support |                                             |   |
|         |   | Group,  |                                             |   |
|         |   | ACE-22; |                                             |   |
|         |   | M       |                                             |   |
|         |   | anager, |                                             |   |
|         |   | Fiscal  |                                             |   |
|         |   | M       |                                             |   |
|         |   | aterial |                                             |   |
|         |   | Se      |                                             |   |
|         |   | rvices, |                                             |   |
|         |   | AGL-70; |                                             |   |
|         |   | and     |                                             |   |
|         |   | M       |                                             |   |
|         |   | anager, |                                             |   |
|         |   | Lo      |                                             |   |
|         |   | gistics |                                             |   |
|         |   | Di      |                                             |   |
|         |   | vision, |                                             |   |
|         |   | for     |                                             |   |
|         |   | each of |                                             |   |
|         |   | the     |                                             |   |
|         |   | fo      |                                             |   |
|         |   | llowing |                                             |   |
|         |   | r       |                                             |   |
|         |   | egional |                                             |   |
|         |   | div     |                                             |   |
|         |   | isions: |                                             |   |
|         |   | AAL-50; |                                             |   |
|         |   | AEA-50; |                                             |   |
|         |   | ANE-50; |                                             |   |
|         |   | ANM-50; |                                             |   |
|         |   | ASO-50; |                                             |   |
|         |   | ASW-50; |                                             |   |
|         |   | and     |                                             |   |
|         |   | AWP-50. |                                             |   |
+---------+---+---------+---------------------------------------------+---+
| Del     | A |         | The Administrator may delegate to the FAA   |   |
| egation | M |         | Acquisition Executive (FAE) broad authority |   |
| of      | S |         | to manage FAA contracting functions,        |   |
| Au      | 3 |         | grants, cooperative agreements and other    |   |
| thority | . |         | transactions).                              |   |
| for     | 1 |         |                                             |   |
| Cont    | . |         | *(Note: The Administrator delegated this    |   |
| racting | 0 |         | authority to the FAE by memorandum March    |   |
| and     | 4 |         | 29, 1996.)*                                 |   |
| Other   | , |         |                                             |   |
| Proc    | T |         |                                             |   |
| urement | 3 |         |                                             |   |
| Act     | . |         |                                             |   |
| ivities | 8 |         |                                             |   |
|         | . |         |                                             |   |
|         | 1 |         |                                             |   |
|         | A |         |                                             |   |
|         | . |         |                                             |   |
|         | 1 |         |                                             |   |
|         | . |         |                                             |   |
|         | m |         |                                             |   |
|         | . |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
| Deb     | T |         | The Administrator is the                    |   |
| arment/ | 3 |         | debarring/suspending official and should    |   |
|         | . |         | sign the notice regarding the potential or  |   |
| Sus     | 2 |         | actual debarment/suspension.                |   |
| pension | . |         |                                             |   |
|         | 2 |         |                                             |   |
|         | . |         |                                             |   |
|         | 7 |         |                                             |   |
|         | . |         |                                             |   |
|         | B |         |                                             |   |
|         | . |         |                                             |   |
|         | 3 |         |                                             |   |
|         | . |         |                                             |   |
|         | c |         |                                             |   |
|         |   |         |                                             |   |
|         | T |         |                                             |   |
|         | 3 |         |                                             |   |
|         | . |         |                                             |   |
|         | 2 |         |                                             |   |
|         | . |         |                                             |   |
|         | 2 |         |                                             |   |
|         | . |         |                                             |   |
|         | 7 |         |                                             |   |
|         | . |         |                                             |   |
|         | B |         |                                             |   |
|         | . |         |                                             |   |
|         | 4 |         |                                             |   |
|         | . |         |                                             |   |
|         | a |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
| Extrao  | T |         | The Administrator may establish a contract  |   |
| rdinary | 3 |         | adjustment board with authority to approve, |   |
|         | . |         | authorize, and direct appropriate action    |   |
| Cont    | 1 |         | under this section and make all appropriate |   |
| ractual | 0 |         | determinations and findings.                |   |
|         | . |         |                                             |   |
| Actions | 7 |         |                                             |   |
|         | . |         |                                             |   |
|         | A |         |                                             |   |
|         | . |         |                                             |   |
|         | 1 |         |                                             |   |
|         | . |         |                                             |   |
|         | d |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
| Mu      | T |         | The Administrator must approve use of       |   |
| ltiyear | 3 |         | multiyear provisions, in accordance with 49 |   |
|         | . |         | U.S.C. 40111.                               |   |
| Co      | 2 |         |                                             |   |
| ntracts | . |         |                                             |   |
|         | 4 |         |                                             |   |
|         | . |         |                                             |   |
|         | A |         |                                             |   |
|         | . |         |                                             |   |
|         | 7 |         |                                             |   |
|         | . |         |                                             |   |
|         | a |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
| Trade   | T |         | The Administrator, as the head of the       |   |
| Sa      | 3 |         | agency (HOA), without the power of          |   |
| nctions | . |         | redelegation, may authorize award of a      |   |
|         | 6 |         | contract or class of contracts for          |   |
|         | . |         | sanctioned European Union end products,     |   |
|         | 4 |         | services, and construction, the purchase of |   |
|         | . |         | which is otherwise prohibited, if the HOA   |   |
|         | A |         | makes the required determination. The HOA   |   |
|         | . |         | will notify Congressional committees.       |   |
|         | 8 |         |                                             |   |
|         | . |         |                                             |   |
|         | c |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
| Buy     | T |         | The Administrator may waive application of  |   |
| A       | . |         | this Act regarding steel and manufactured   |   |
| merican | 3 |         | products in a joint finding with the IPT    |   |
| Act     | . |         | and legal counsel.                          |   |
|         | 6 |         |                                             |   |
|         | . |         |                                             |   |
|         | 4 |         |                                             |   |
|         | . |         |                                             |   |
|         | A |         |                                             |   |
|         | . |         |                                             |   |
|         | 3 |         |                                             |   |
|         | . |         |                                             |   |
|         | c |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
| Exam    | T |         | The Administrator, as the HOA, may          |   |
| ination | 3 |         | determine that the omission of the required |   |
| of      | . |         | clause, "Audit and Records" will serve the  |   |
| Records | 6 |         | best interests of the U.S.                  |   |
| by the  | . |         |                                             |   |
| Comp    | 4 |         |                                             |   |
| troller | . |         |                                             |   |
| General | A |         |                                             |   |
|         | . |         |                                             |   |
|         | 1 |         |                                             |   |
|         | 1 |         |                                             |   |
|         | . |         |                                             |   |
|         | b |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
|         |   |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
|         |   |         | **The FAA Acquisition Executive (FAE)**     |   |
+---------+---+---------+---------------------------------------------+---+
| De      | A |         | The FAE is authorized broad authority to    |   |
| legated | M |         | manage FAA contracting functions, grants,   |   |
| Cont    | S |         | cooperative agreements, and other           |   |
| racting | 3 |         | transactions. This authority results from   |   |
|         | . |         | delegation from the Administrator to the    |   |
| Au      | 1 |         | FAE by memoranda dated January 8, 1998 and  |   |
| thority | . |         | Juy 24, 1998. \[**INSERT LINK\]**The FAE    |   |
| and     | 4 |         | may redelegate this authority.              |   |
| Au      |   |         |                                             |   |
| thority |   |         | **(Notes:**                                 |   |
| to      |   |         |                                             |   |
| Red     |   |         | **- The FAE redelegated full authority for  |   |
| elegate |   |         | all instruments to the COCO's by memoranda  |   |
|         |   |         | dated 4-30-96 and 8-2-96.**                 |   |
|         |   |         |                                             |   |
|         |   |         | **- Grants, cooperative agreement and other |   |
|         |   |         | transaction authority was also granted to   |   |
|         |   |         | the regional administrators and center      |   |
|         |   |         | directors by ARA-1 memorandum of 8-2-96.    |   |
|         |   |         | \-- Contracing authority in the 4-30-96     |   |
|         |   |         | delegation inadvertently omitted the center |   |
|         |   |         | directors and regional administrators       |   |
|         |   |         | causing the affected COCO\'s to provide     |   |
|         |   |         | this delegation to their respective center  |   |
|         |   |         | directors and regional administrators.)**   |   |
+---------+---+---------+---------------------------------------------+---+
|         |   |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
|         |   |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
|         |   |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
|         |   |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
|         |   |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
| Au      |   |         | The FAE is authorized to appoint Chiefs of  |   |
| thority |   |         | the Contracting Offices (COCO).             |   |
| to      |   |         | Appointments made by memorandum dated       |   |
| Appoint |   |         | 8-2-96.                                     |   |
| Chiefs  |   |         |                                             |   |
| of the  |   |         |                                             |   |
| Cont    |   |         |                                             |   |
| racting |   |         |                                             |   |
| Officer |   |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
| Au      | T |         | The FAE, or designee, may delegate          |   |
| thority | 3 |         | authority to CO's by written "Certificate   |   |
| to      | . |         | of Appointment," which authorizes these     |   |
| Appoint | 1 |         | individuals to contractually bind the FAA.  |   |
| Cont    | . |         |                                             |   |
| racting | 4 |         | *(Note: This authority was redelegated to   |   |
| O       | . |         | the COCO's.)*                               |   |
| fficers | A |         |                                             |   |
| and     | . |         |                                             |   |
| Other   | 1 |         |                                             |   |
| Proc    | . |         |                                             |   |
| urement | a |         |                                             |   |
| Indi    |   |         |                                             |   |
| viduals |   |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
| Limited | T |         | The FAE or designee may delegate limited    |   |
| Pur     | 3 |         | purchasing authority to FAA employees other |   |
| chasing | . |         | than warranted CO's. These persons may use  |   |
| Au      | 1 |         | the following purchase methods: credit      |   |
| thority | . |         | cards, third party drafts, SF 44 and/or     |   |
|         | 4 |         | other specifically identified methods.      |   |
|         | . |         |                                             |   |
|         | A |         | *(***Note: This authority was redelegated   |   |
|         | . |         | to the COCO's.)**                           |   |
|         | 1 |         |                                             |   |
|         | . |         |                                             |   |
|         | b |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
|         |   |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
|         |   |         | **Director of Acquisitions, ASU-1**         |   |
+---------+---+---------+---------------------------------------------+---+
|         |   |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
|         |   |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
|         |   |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
|         |   |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
|         |   |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
|         |   |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
|         |   |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
|         |   |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
| AMS     |   | P       |                                             |   |
| 3.      |   | ersonal |                                             |   |
| 8.2.3.2 |   | Service |                                             |   |
|         |   | Contr   |                                             |   |
| and     |   | acting: |                                             |   |
|         |   | The     |                                             |   |
| T3.8.2. |   | head of |                                             |   |
| A.3.a.5 |   | each    |                                             |   |
|         |   | line of |                                             |   |
|         |   | b       |                                             |   |
|         |   | usiness |                                             |   |
|         |   | must    |                                             |   |
|         |   | de      |                                             |   |
|         |   | termine |                                             |   |
|         |   | that a  |                                             |   |
|         |   | p       |                                             |   |
|         |   | ersonal |                                             |   |
|         |   | service |                                             |   |
|         |   | c       |                                             |   |
|         |   | ontract |                                             |   |
|         |   | is in   |                                             |   |
|         |   | the     |                                             |   |
|         |   | best    |                                             |   |
|         |   | i       |                                             |   |
|         |   | nterest |                                             |   |
|         |   | of the  |                                             |   |
|         |   | agency, |                                             |   |
|         |   | after   |                                             |   |
|         |   | an      |                                             |   |
|         |   | eva     |                                             |   |
|         |   | luation |                                             |   |
|         |   | which   |                                             |   |
|         |   | i       |                                             |   |
|         |   | ncludes |                                             |   |
|         |   | certain |                                             |   |
|         |   | f       |                                             |   |
|         |   | actors, |                                             |   |
|         |   | which   |                                             |   |
|         |   | are     |                                             |   |
|         |   | listed  |                                             |   |
|         |   | in the  |                                             |   |
|         |   | AMS.    |                                             |   |
|         |   | The     |                                             |   |
|         |   | r       |                                             |   |
|         |   | equired |                                             |   |
|         |   | determ  |                                             |   |
|         |   | ination |                                             |   |
|         |   | is      |                                             |   |
|         |   | non-de  |                                             |   |
|         |   | legable |                                             |   |
|         |   | and     |                                             |   |
|         |   | shall   |                                             |   |
|         |   | be      |                                             |   |
|         |   | r       |                                             |   |
|         |   | eviewed |                                             |   |
|         |   | for     |                                             |   |
|         |   | legal   |                                             |   |
|         |   | suff    |                                             |   |
|         |   | iciency |                                             |   |
|         |   | by the  |                                             |   |
|         |   | Office  |                                             |   |
|         |   | of      |                                             |   |
|         |   | Chief   |                                             |   |
|         |   | C       |                                             |   |
|         |   | ounsel. |                                             |   |
+---------+---+---------+---------------------------------------------+---+
|         |   |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
| AMS     |   | Buyout  |                                             |   |
| 3.      |   | Emp     |                                             |   |
| 8.2.3.3 |   | loyees: |                                             |   |
|         |   | Conc    |                                             |   |
| and     |   | urrence |                                             |   |
|         |   | by the  |                                             |   |
| T3.8.2. |   | head of |                                             |   |
| A.3.b.4 |   | the     |                                             |   |
|         |   | line of |                                             |   |
|         |   | b       |                                             |   |
|         |   | usiness |                                             |   |
|         |   | is      |                                             |   |
|         |   | r       |                                             |   |
|         |   | equired |                                             |   |
|         |   | in any  |                                             |   |
|         |   | determ  |                                             |   |
|         |   | ination |                                             |   |
|         |   | p       |                                             |   |
|         |   | repared |                                             |   |
|         |   | by the  |                                             |   |
|         |   | re      |                                             |   |
|         |   | quiring |                                             |   |
|         |   | office  |                                             |   |
|         |   | that    |                                             |   |
|         |   | the     |                                             |   |
|         |   | emp     |                                             |   |
|         |   | loyment |                                             |   |
|         |   | of a    |                                             |   |
|         |   | buyout  |                                             |   |
|         |   | e       |                                             |   |
|         |   | mployee |                                             |   |
|         |   | under a |                                             |   |
|         |   | support |                                             |   |
|         |   | service |                                             |   |
|         |   | c       |                                             |   |
|         |   | ontract |                                             |   |
|         |   | c       |                                             |   |
|         |   | omplies |                                             |   |
|         |   | with    |                                             |   |
|         |   | the     |                                             |   |
|         |   | requi   |                                             |   |
|         |   | rements |                                             |   |
|         |   | of P.L. |                                             |   |
|         |   | 1       |                                             |   |
|         |   | 03-226. |                                             |   |
|         |   | The CO  |                                             |   |
|         |   | is      |                                             |   |
|         |   | resp    |                                             |   |
|         |   | onsible |                                             |   |
|         |   | for     |                                             |   |
|         |   | ob      |                                             |   |
|         |   | taining |                                             |   |
|         |   | all     |                                             |   |
|         |   | r       |                                             |   |
|         |   | equired |                                             |   |
|         |   | determi |                                             |   |
|         |   | nations |                                             |   |
|         |   | and     |                                             |   |
|         |   | ap      |                                             |   |
|         |   | provals |                                             |   |
|         |   | from    |                                             |   |
|         |   | the     |                                             |   |
|         |   | head of |                                             |   |
|         |   | each    |                                             |   |
|         |   | line of |                                             |   |
|         |   | bu      |                                             |   |
|         |   | siness. |                                             |   |
+---------+---+---------+---------------------------------------------+---+
|         |   |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
|         |   |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
|         |   |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
| Act as  | T |         | The Director of Acquisitions (ASU-1)is a    |   |
| Ra      | 3 |         | ratifying official official having          |   |
| tifying | . |         | authority to ratify unauthorized            |   |
| O       | 1 |         | commitments.) for Washington headquarters.  |   |
| fficial | . |         |                                             |   |
|         | 4 |         | *(Note: This authority shall not be         |   |
|         | . |         | delegated below these positions.)*          |   |
|         | A |         |                                             |   |
|         | . |         | *(Note: Comparable authority resides with   |   |
|         | 3 |         | regional administrators and center          |   |
|         | . |         | directors -- see \"Regional Administrators  |   |
|         | b |         | and Center Directors\" below.)*             |   |
|         | . |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
| Waive   | T |         | The Director of Acquisitions has authority  |   |
| Disci   | 3 |         | as a ratifying official to waive            |   |
| plinary | . |         | disciplinary actions resulting from         |   |
| Actions | 1 |         | infractions regarding unauthorized          |   |
|         | . |         | commitments, when the ratifying official    |   |
|         | 4 |         | justifies in writing that the unauthorized  |   |
|         | . |         | act does not warrant disciplinary action.   |   |
|         | A |         |                                             |   |
|         | . |         |                                             |   |
|         | 2 |         |                                             |   |
|         | . |         |                                             |   |
|         | h |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
|         |   |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
|         |   |         | **Regional Administrators and Center        |   |
|         |   |         | Directors**                                 |   |
+---------+---+---------+---------------------------------------------+---+
| Act as  | T |         | Regional administrators and center          |   |
| Ra      | 3 |         | directors are the ratifying officials and,  |   |
| tifying | . |         | as such, have authority to ratify           |   |
| O       | 1 |         | unauthorized commitments for actions in     |   |
| fficial | . |         | their regions/centers.                      |   |
|         | 4 |         |                                             |   |
|         | . |         | *(Note: This authority shall not be         |   |
|         | A |         | delegated below these positions.)*          |   |
|         | . |         |                                             |   |
|         | 3 |         |                                             |   |
|         | . |         |                                             |   |
|         | b |         |                                             |   |
|         | . |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
| Waive   | T |         | Regional administrators and center          |   |
| Disci   | 4 |         | directors have authority as ratifying       |   |
| plinary | . |         | officials to waive disciplinary actions     |   |
| Action  | 1 |         | resulting from infractions regarding        |   |
|         | . |         | unauthorized commitments, when the          |   |
|         | 4 |         | ratifying official justifies in writing     |   |
|         | A |         | that the unauthorized act does not warrant  |   |
|         | . |         | disciplinary action.                        |   |
|         | 3 |         |                                             |   |
|         | . |         |                                             |   |
|         | b |         |                                             |   |
|         | . |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
| Cont    |   |         | **COCO\'s delegated contracting authority   |   |
| racting |   |         | to the regional administrators and center   |   |
| Au      |   |         | directors.**                                |   |
| thority |   |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
| Grant,  |   |         | **Regional administrators and center        |   |
| Coop    |   |         | directors have unlimited authority to       |   |
| erative |   |         | conduct grants, cooperative agreements and  |   |
| Ag      |   |         | other transactions. This authority was      |   |
| reement |   |         | granted by memorandum from the FAE dated**  |   |
| and     |   |         | ***[January 8, 1998]{.underline}*. \[INSERT |   |
| Other   |   |         | LINK\]**                                    |   |
| Tran    |   |         |                                             |   |
| saction |   |         |                                             |   |
| Au      |   |         |                                             |   |
| thority |   |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
|         |   |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
|         |   |         | **Heads of Each Line of Business**          |   |
+---------+---+---------+---------------------------------------------+---+
| D       | A |         | The head of each line of business must      |   |
| etermin | M |         | determine that a personal service contract  |   |
| ation-P | S |         | is in the best interest of the agency,      |   |
| ersonal | 3 |         | after an evaluation that includes           |   |
| Service | . |         | considertions listed in the AMS. The        |   |
| Cont    | 8 |         | required determination is non-delegable and |   |
| racting | . |         | shall be reviewed for legal sufficiency by  |   |
| Determ  | 2 |         | the Office of Chief Counsel.                |   |
| ination | . |         |                                             |   |
|         | 3 |         |                                             |   |
|         | . |         |                                             |   |
|         | 2 |         |                                             |   |
|         |   |         |                                             |   |
|         | a |         |                                             |   |
|         | n |         |                                             |   |
|         | d |         |                                             |   |
|         |   |         |                                             |   |
|         | T |         |                                             |   |
|         | 3 |         |                                             |   |
|         | . |         |                                             |   |
|         | 8 |         |                                             |   |
|         | . |         |                                             |   |
|         | 2 |         |                                             |   |
|         | . |         |                                             |   |
|         | A |         |                                             |   |
|         | . |         |                                             |   |
|         | 3 |         |                                             |   |
|         | . |         |                                             |   |
|         | a |         |                                             |   |
|         | . |         |                                             |   |
|         | 5 |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
| Det     | A |         | The head of the line of business concurs in |   |
| erminat | M |         | determinations (prepared by the requiring   |   |
| ion-Emp | S |         | office) that the employment of a buyout     |   |
| loyment | 3 |         | employee under a support service contract   |   |
| of      | . |         | complies with the of P.L. 103-226.          |   |
| Buyout  | 8 |         |                                             |   |
| Em      | . |         |                                             |   |
| ployees | 2 |         |                                             |   |
|         | . |         |                                             |   |
|         | 3 |         |                                             |   |
|         | . |         |                                             |   |
|         | 3 |         |                                             |   |
|         |   |         |                                             |   |
|         | a |         |                                             |   |
|         | n |         |                                             |   |
|         | d |         |                                             |   |
|         |   |         |                                             |   |
|         | T |         |                                             |   |
|         | 3 |         |                                             |   |
|         | . |         |                                             |   |
|         | 8 |         |                                             |   |
|         | . |         |                                             |   |
|         | 2 |         |                                             |   |
|         | . |         |                                             |   |
|         | A |         |                                             |   |
|         | . |         |                                             |   |
|         | 3 |         |                                             |   |
|         | . |         |                                             |   |
|         | b |         |                                             |   |
|         | . |         |                                             |   |
|         | 4 |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
|         |   |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
|         |   |         | **Chief of the Contracting Office (COCO)**  |   |
+---------+---+---------+---------------------------------------------+---+
| **COCO  |   |         | **The positions which have been designated  |   |
| Deleg   |   |         | by the FAE on August 26, 1996 as COCO's     |   |
| ation** |   |         | \[INSERT LINK \]are: Manager, Contracts     |   |
|         |   |         | Division, ASU-300; Manager, Logistics       |   |
|         |   |         | Branch, ACT-130; Program Director of        |   |
|         |   |         | Acquisition, AMQ-1; Manager, Logistics      |   |
|         |   |         | Support Group, ACE-22;Manager, Fiscal and   |   |
|         |   |         | Material Services, AGL-50;and Manager,      |   |
|         |   |         | Logistics Division, for each of the         |   |
|         |   |         | following regional divisions: AAL-50;       |   |
|         |   |         | AEA-50; ANE-50; ANM-50; ASO-50; ASW-50; and |   |
|         |   |         | AWP-50.\[INSERT LINK\]**                    |   |
+---------+---+---------+---------------------------------------------+---+
| **De    | * |         | **COCO\'s have unlimited authority to       |   |
| legated | * |         | conduct contracting, grant, cooperative     |   |
| Au      | A |         | agreements and other transactions. The COCO |   |
| thority | M |         | may redelegate this authority to other      |   |
| for     | S |         | individuals as a result of delegations from |   |
| Cont    | 3 |         | the FAE on 4-30-96, 8-2-1996, and 1-8-98.   |   |
| racting | . |         | \[INSERT LINKS\]**                          |   |
| and     | 1 |         |                                             |   |
| Other   | . |         |                                             |   |
| Proc    | 4 |         |                                             |   |
| urement | * |         |                                             |   |
| Activ   | * |         |                                             |   |
| ities** |   |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
|         |   |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
|         |   |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
|         |   |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
|         |   |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
|         |   |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
|         |   |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
|         |   |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
|         |   |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
|         |   |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
|         |   |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
|         |   |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
|         |   |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
|         |   |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
|         |   |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
|         |   |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
|         |   |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
| T3.1.   |   | Organiz |                                             |   |
| 7.A.1.a |   | ational |                                             |   |
|         |   | C       |                                             |   |
| and     |   | onflict |                                             |   |
|         |   | of      |                                             |   |
| T3.1.   |   | In      |                                             |   |
| 7.A.6.a |   | terest: |                                             |   |
|         |   | CO may  |                                             |   |
|         |   | de      |                                             |   |
|         |   | termine |                                             |   |
|         |   | to      |                                             |   |
|         |   | w       |                                             |   |
|         |   | ithhold |                                             |   |
|         |   | award   |                                             |   |
|         |   | based   |                                             |   |
|         |   | on      |                                             |   |
|         |   | organiz |                                             |   |
|         |   | ational |                                             |   |
|         |   | c       |                                             |   |
|         |   | onflict |                                             |   |
|         |   | of      |                                             |   |
|         |   | i       |                                             |   |
|         |   | nterest |                                             |   |
|         |   | c       |                                             |   |
|         |   | onsider |                                             |   |
|         |   | ations. |                                             |   |
+---------+---+---------+---------------------------------------------+---+
|         |   |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
| AMS     |   | R       |                                             |   |
| 3.2.2.2 |   | esponsi |                                             |   |
|         |   | bility: |                                             |   |
| and     |   | CO      |                                             |   |
|         |   | det     |                                             |   |
| T3.     |   | ermines |                                             |   |
| 2.2.A.1 |   | that a  |                                             |   |
|         |   | pros    |                                             |   |
|         |   | pective |                                             |   |
|         |   | con     |                                             |   |
|         |   | tractor |                                             |   |
|         |   | is      |                                             |   |
|         |   | respo   |                                             |   |
|         |   | nsible, |                                             |   |
|         |   | or      |                                             |   |
|         |   | no      |                                             |   |
|         |   | n-respo |                                             |   |
|         |   | nsible. |                                             |   |
+---------+---+---------+---------------------------------------------+---+
|         |   |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
|         |   |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
| Special | T |         | The COCO may waive any or all terms of the  |   |
| D       | 3 |         | clause "Affirmative Action for Special      |   |
| isabled | . |         | Disabled and Vietnam Era Veterans," for     |   |
| and     | 6 |         | groups or categories of contracts, if in    |   |
| Vietnam | . |         | the national interest subject to            |   |
| Era     | 2 |         | concurrence from the Director of Office of  |   |
| V       | . |         | Federal Contract Compliance Programs        |   |
| eterans | A |         | (OFCCP).                                    |   |
| Waivers | . |         |                                             |   |
|         | 1 |         | *(Note: The CO has this waiver authority    |   |
|         | 4 |         | for individual contracts.)*                 |   |
|         | . |         |                                             |   |
|         | c |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
| Waiver  | T |         | The COCO may waive, for groups and          |   |
| of      | 3 |         | categories of contracts, the terms of the   |   |
| Emp     | . |         | clause, "Affirmative Action for Handicapped |   |
| loyment | 6 |         | Workers," subject to concurrence of the     |   |
| of the  | . |         | Director of OFCCP.                          |   |
| Hand    | 2 |         |                                             |   |
| icapped | . |         |                                             |   |
|         | A |         |                                             |   |
|         | . |         |                                             |   |
|         | 1 |         |                                             |   |
|         | 5 |         |                                             |   |
|         | . |         |                                             |   |
|         | c |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
| Am      | T |         | The COCO should concur if the CO intends to |   |
| endment | 3 |         | substantially alter the obligations of the  |   |
| Without | . |         | parties to the contract, without            |   |
| Consid  | 1 |         | consideration.                              |   |
| eration | 0 |         |                                             |   |
|         | A |         |                                             |   |
|         | . |         |                                             |   |
|         | 1 |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
|         |   |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
|         |   |         | **The Warranted Contracting Officer (CO)**  |   |
+---------+---+---------+---------------------------------------------+---+
| CO      | A |         | The CO may coinduct contracts, grants,      |   |
| Au      | M |         | cooperative agreements and other            |   |
| thority | S |         | transactions within the limits of his/her   |   |
|         | 3 |         | authority specified in the warrant.         |   |
|         | . |         |                                             |   |
|         | 1 |         |                                             |   |
|         | . |         |                                             |   |
|         | 4 |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
| Act as  | A |         | The CO will be the source selection         |   |
| SSO     | M |         | official of procurements that are not       |   |
|         | S |         | subject to the Joint Resources Council      |   |
|         | 3 |         | (JRC) process or are otherwise specifically |   |
|         | . |         | delegated by the IPT lead.                  |   |
|         | 2 |         |                                             |   |
|         | . |         | *(Note: This AMS reference also contains an |   |
|         | 2 |         | extensive listing of CO's responsibilities  |   |
|         | . |         | and duties, not confined to SSO authority . |   |
|         | 3 |         | Also, there is another extensive listing of |   |
|         | . |         | CO's duties in the AMS Appendix A, "Roles   |   |
|         | 2 |         | and Responsibilities.")*                    |   |
|         | . |         |                                             |   |
|         | 3 |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
| Determi | T |         | The CO may determine and recommend approval |   |
| nations | 3 |         | of a proposed action to ratify an           |   |
| on      | . |         | unauthorized commitment. The recommendation |   |
| Ratifi  | 1 |         | is made to individual having authority to   |   |
| cations | . |         | ratify unauthorized commitments.            |   |
|         | 4 |         |                                             |   |
|         | . |         |                                             |   |
|         | A |         |                                             |   |
|         | . |         |                                             |   |
|         | 2 |         |                                             |   |
|         | . |         |                                             |   |
|         | c |         |                                             |   |
|         | . |         |                                             |   |
|         | 6 |         |                                             |   |
|         | . |         |                                             |   |
|         | a |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
| App     | T |         | CO may delegate authority to an individual  |   |
| ointing | 3 |         | to act as the CO's technical or other       |   |
|         | . |         | representative.                             |   |
| Cont    | 1 |         |                                             |   |
| racting | . |         |                                             |   |
| Officer | 4 |         |                                             |   |
| R       | . |         |                                             |   |
| epresen | A |         |                                             |   |
| tatives | . |         |                                             |   |
|         | 2 |         |                                             |   |
|         | . |         |                                             |   |
|         | f |         |                                             |   |
|         | . |         |                                             |   |
|         | 5 |         |                                             |   |
|         | . |         |                                             |   |
|         | e |         |                                             |   |
|         | . |         |                                             |   |
|         | i |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
| Em      | T |         | The CO may conduct a single source          |   |
| ergency | 3 |         | procurement and give the contractor verbal  |   |
| Authori | . |         | authorization to proceed in extreme         |   |
| zations | 1 |         | emergency situations in accordance with     |   |
|         | . |         | 3.2.2.4.1.1 of the AMS.                     |   |
|         | 4 |         |                                             |   |
|         | . |         |                                             |   |
|         | A |         |                                             |   |
|         | . |         |                                             |   |
|         | 2 |         |                                             |   |
|         | . |         |                                             |   |
|         | g |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
| Organiz | T |         | The CO may determine to withhold award      |   |
| ational | 3 |         | based on organizational conflict of         |   |
| C       | . |         | interest considerations.                    |   |
| onflict | 1 |         |                                             |   |
| of      | . |         |                                             |   |
| I       | 7 |         |                                             |   |
| nterest | . |         |                                             |   |
|         | A |         |                                             |   |
|         | . |         |                                             |   |
|         | 1 |         |                                             |   |
|         | . |         |                                             |   |
|         | a |         |                                             |   |
|         |   |         |                                             |   |
|         | a |         |                                             |   |
|         | n |         |                                             |   |
|         | d |         |                                             |   |
|         |   |         |                                             |   |
|         | T |         |                                             |   |
|         | 3 |         |                                             |   |
|         | . |         |                                             |   |
|         | 1 |         |                                             |   |
|         | . |         |                                             |   |
|         | 7 |         |                                             |   |
|         | . |         |                                             |   |
|         | A |         |                                             |   |
|         | . |         |                                             |   |
|         | 6 |         |                                             |   |
|         | . |         |                                             |   |
|         | a |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
|         |   |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
|         |   |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
|         |   |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
|         |   |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
|         |   |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
|         |   |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
|         |   |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
|         |   |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
|         |   |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
|         |   |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
|         |   |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
|         |   |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
|         |   |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
|         |   |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
|         |   |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
|         |   |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
|         |   |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+

i.  

+---------+---+---------+---------------------------------------------+---+
| Det     | A |         | The CO determines that a prospective        |   |
| ermines | M |         | contractor is responsible or                |   |
| Respons | S |         | non-responsible.                            |   |
| ibility | 3 |         |                                             |   |
|         | . |         |                                             |   |
|         | 2 |         |                                             |   |
|         | . |         |                                             |   |
|         | 2 |         |                                             |   |
|         | . |         |                                             |   |
|         | 2 |         |                                             |   |
|         |   |         |                                             |   |
|         | a |         |                                             |   |
|         | n |         |                                             |   |
|         | d |         |                                             |   |
|         |   |         |                                             |   |
|         | T |         |                                             |   |
|         | 3 |         |                                             |   |
|         | . |         |                                             |   |
|         | 2 |         |                                             |   |
|         | . |         |                                             |   |
|         | 2 |         |                                             |   |
|         | . |         |                                             |   |
|         | 7 |         |                                             |   |
|         | A |         |                                             |   |
|         | . |         |                                             |   |
|         | 1 |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
| T3.2.   |   | Grat    |                                             |   |
| 5.A.2.b |   | uities: |                                             |   |
|         |   | If the  |                                             |   |
| and     |   | In      |                                             |   |
|         |   | spector |                                             |   |
| T3.2.   |   | General |                                             |   |
| 5.A.2.c |   | finds   |                                             |   |
|         |   | e       |                                             |   |
|         |   | vidence |                                             |   |
|         |   | that an |                                             |   |
|         |   | offeror |                                             |   |
|         |   | or      |                                             |   |
|         |   | con     |                                             |   |
|         |   | tractor |                                             |   |
|         |   | offered |                                             |   |
|         |   | or gave |                                             |   |
|         |   | an      |                                             |   |
|         |   | u       |                                             |   |
|         |   | nlawful |                                             |   |
|         |   | g       |                                             |   |
|         |   | ratuity |                                             |   |
|         |   | or      |                                             |   |
|         |   | gift,   |                                             |   |
|         |   | the CO  |                                             |   |
|         |   | must    |                                             |   |
|         |   | de      |                                             |   |
|         |   | termine |                                             |   |
|         |   | whether |                                             |   |
|         |   | de      |                                             |   |
|         |   | barment |                                             |   |
|         |   | proc    |                                             |   |
|         |   | eedings |                                             |   |
|         |   | are     |                                             |   |
|         |   | appro   |                                             |   |
|         |   | priate. |                                             |   |
|         |   | Also,   |                                             |   |
|         |   | before  |                                             |   |
|         |   | taking  |                                             |   |
|         |   | any     |                                             |   |
|         |   | action  |                                             |   |
|         |   | against |                                             |   |
|         |   | a       |                                             |   |
|         |   | cont    |                                             |   |
|         |   | ractor, |                                             |   |
|         |   | the CO  |                                             |   |
|         |   | should  |                                             |   |
|         |   | de      |                                             |   |
|         |   | termine |                                             |   |
|         |   | whether |                                             |   |
|         |   | the     |                                             |   |
|         |   | con     |                                             |   |
|         |   | tractor |                                             |   |
|         |   | offered |                                             |   |
|         |   | or gave |                                             |   |
|         |   | an      |                                             |   |
|         |   | u       |                                             |   |
|         |   | nlawful |                                             |   |
|         |   | gr      |                                             |   |
|         |   | atuity. |                                             |   |
+---------+---+---------+---------------------------------------------+---+
| Cost    | T |         | The CO cognizant of the subcontractor,      |   |
| and     | 3 |         | makes the determination and advise the CO   |   |
| Price   | . |         | cognizant of the prime contractor or next   |   |
| Meth    | 2 |         | higher tier subcontractor of his/her        |   |
| odology | . |         | decision, when a negotiated CAS price       |   |
|         | 3 |         | adjustment or a determination of            |   |
|         | . |         | noncompliance is required at the            |   |
|         | B |         | subcontract level.                          |   |
|         | . |         |                                             |   |
|         | 1 |         |                                             |   |
|         | 3 |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
| T3.6.2. |   | Walsh   |                                             |   |
| A.5.f.2 |   | Healy   |                                             |   |
|         |   | Public  |                                             |   |
|         |   | Co      |                                             |   |
|         |   | ntracts |                                             |   |
|         |   | Act:    |                                             |   |
|         |   | The CO  |                                             |   |
|         |   | should  |                                             |   |
|         |   | inve    |                                             |   |
|         |   | stigate |                                             |   |
|         |   | and     |                                             |   |
|         |   | de      |                                             |   |
|         |   | termine |                                             |   |
|         |   | the     |                                             |   |
|         |   | elig    |                                             |   |
|         |   | ibility |                                             |   |
|         |   | of the  |                                             |   |
|         |   | offeror |                                             |   |
|         |   | as a    |                                             |   |
|         |   | manuf   |                                             |   |
|         |   | acturer |                                             |   |
|         |   | or      |                                             |   |
|         |   | regular |                                             |   |
|         |   | dealer. |                                             |   |
|         |   | (Dept.  |                                             |   |
|         |   | of      |                                             |   |
|         |   | Labor   |                                             |   |
|         |   | makes   |                                             |   |
|         |   | final   |                                             |   |
|         |   | determi |                                             |   |
|         |   | nation. |                                             |   |
|         |   | )       |                                             |   |
+---------+---+---------+---------------------------------------------+---+
| T3.6.2  |   | Special |                                             |   |
| .A.14.c |   | D       |                                             |   |
|         |   | isabled |                                             |   |
|         |   | and     |                                             |   |
|         |   | Vietnam |                                             |   |
|         |   | Era     |                                             |   |
|         |   | Ve      |                                             |   |
|         |   | terans: |                                             |   |
|         |   | Subject |                                             |   |
|         |   | to      |                                             |   |
|         |   | conc    |                                             |   |
|         |   | urrence |                                             |   |
|         |   | from    |                                             |   |
|         |   | the     |                                             |   |
|         |   | D       |                                             |   |
|         |   | irector |                                             |   |
|         |   | of      |                                             |   |
|         |   | OFCCP,  |                                             |   |
|         |   | the CO  |                                             |   |
|         |   | may     |                                             |   |
|         |   | waive   |                                             |   |
|         |   | any or  |                                             |   |
|         |   | all of  |                                             |   |
|         |   | the     |                                             |   |
|         |   | terms   |                                             |   |
|         |   | of the  |                                             |   |
|         |   | clause  |                                             |   |
|         |   | "Affi   |                                             |   |
|         |   | rmative |                                             |   |
|         |   | Action  |                                             |   |
|         |   | for     |                                             |   |
|         |   | Special |                                             |   |
|         |   | D       |                                             |   |
|         |   | isabled |                                             |   |
|         |   | and     |                                             |   |
|         |   | Vietnam |                                             |   |
|         |   | Era     |                                             |   |
|         |   | Vet     |                                             |   |
|         |   | erans," |                                             |   |
|         |   | for any |                                             |   |
|         |   | ind     |                                             |   |
|         |   | ividual |                                             |   |
|         |   | co      |                                             |   |
|         |   | ntract. |                                             |   |
|         |   | (COCO   |                                             |   |
|         |   | waives  |                                             |   |
|         |   | for     |                                             |   |
|         |   | groups  |                                             |   |
|         |   | or      |                                             |   |
|         |   | cat     |                                             |   |
|         |   | egories |                                             |   |
|         |   | of      |                                             |   |
|         |   | cont    |                                             |   |
|         |   | racts.) |                                             |   |
+---------+---+---------+---------------------------------------------+---+
| Gra     | T |         | The CO determines if debarment proceedings  |   |
| tuities | 3 |         | are appropriate when the Inspector General  |   |
|         | . |         | finds evidence that an offeror or           |   |
|         | 2 |         | contractor offered or gave an unlawful      |   |
|         | . |         | gratuity or gift. Also, before taking any   |   |
|         | 5 |         | action against a contractor, the CO should  |   |
|         | . |         | determine whether the contractor offered or |   |
|         | A |         | gave an unlawful gratuity.                  |   |
|         | . |         |                                             |   |
|         | 2 |         |                                             |   |
|         | . |         |                                             |   |
|         | b |         |                                             |   |
|         |   |         |                                             |   |
|         | A |         |                                             |   |
|         | n |         |                                             |   |
|         | d |         |                                             |   |
|         |   |         |                                             |   |
|         | T |         |                                             |   |
|         | 3 |         |                                             |   |
|         | . |         |                                             |   |
|         | 2 |         |                                             |   |
|         | . |         |                                             |   |
|         | 5 |         |                                             |   |
|         | . |         |                                             |   |
|         | A |         |                                             |   |
|         | . |         |                                             |   |
|         | 2 |         |                                             |   |
|         | . |         |                                             |   |
|         | c |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
| Walsh   | T |         | The CO should investigate and determine the |   |
| Healy   | 3 |         | eligibility of the offeror as a             |   |
| Public  | . |         | manufacturer or regular dealer.             |   |
| Co      | 6 |         |                                             |   |
| ntracts | . |         | *(Note: The Dept. of Labor makes final      |   |
| Act     | 2 |         | determination.)*                            |   |
|         | . |         |                                             |   |
|         | A |         |                                             |   |
|         | . |         |                                             |   |
|         | 5 |         |                                             |   |
|         | . |         |                                             |   |
|         | f |         |                                             |   |
|         | . |         |                                             |   |
|         | 2 |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
| T3.6.2  |   | Emp     |                                             |   |
| .A.15.c |   | loyment |                                             |   |
|         |   | of the  |                                             |   |
|         |   | Handi   |                                             |   |
|         |   | capped: |                                             |   |
|         |   | CO may  |                                             |   |
|         |   | waive,  |                                             |   |
|         |   | for any |                                             |   |
|         |   | ind     |                                             |   |
|         |   | ividual |                                             |   |
|         |   | co      |                                             |   |
|         |   | ntract, |                                             |   |
|         |   | terms   |                                             |   |
|         |   | of the  |                                             |   |
|         |   | clause, |                                             |   |
|         |   | "Affi   |                                             |   |
|         |   | rmative |                                             |   |
|         |   | Action  |                                             |   |
|         |   | for     |                                             |   |
|         |   | Hand    |                                             |   |
|         |   | icapped |                                             |   |
|         |   | Wo      |                                             |   |
|         |   | rkers," |                                             |   |
|         |   | subject |                                             |   |
|         |   | of      |                                             |   |
|         |   | conc    |                                             |   |
|         |   | urrence |                                             |   |
|         |   | of the  |                                             |   |
|         |   | D       |                                             |   |
|         |   | irector |                                             |   |
|         |   | of      |                                             |   |
|         |   | OFCCP.  |                                             |   |
|         |   | (COCO   |                                             |   |
|         |   | waives  |                                             |   |
|         |   | for     |                                             |   |
|         |   | groups  |                                             |   |
|         |   | and     |                                             |   |
|         |   | cat     |                                             |   |
|         |   | egories |                                             |   |
|         |   | of      |                                             |   |
|         |   | cont    |                                             |   |
|         |   | racts.) |                                             |   |
+---------+---+---------+---------------------------------------------+---+
| T3.6.   |   | Buy     |                                             |   |
| 4.A.1.b |   | A       |                                             |   |
|         |   | merican |                                             |   |
|         |   | Act: CO |                                             |   |
|         |   | is      |                                             |   |
|         |   | aut     |                                             |   |
|         |   | horized |                                             |   |
|         |   | to      |                                             |   |
|         |   | de      |                                             |   |
|         |   | termine |                                             |   |
|         |   | that    |                                             |   |
|         |   | certain |                                             |   |
|         |   | p       |                                             |   |
|         |   | roducts |                                             |   |
|         |   | are     |                                             |   |
|         |   | exempt  |                                             |   |
|         |   | from    |                                             |   |
|         |   | the Buy |                                             |   |
|         |   | A       |                                             |   |
|         |   | merican |                                             |   |
|         |   | Act.    |                                             |   |
+---------+---+---------+---------------------------------------------+---+
| T3.6.   |   | Buy     |                                             |   |
| 4.A.1.d |   | A       |                                             |   |
|         |   | merican |                                             |   |
|         |   | Act: CO |                                             |   |
|         |   | may     |                                             |   |
|         |   | de      |                                             |   |
|         |   | termine |                                             |   |
|         |   | the     |                                             |   |
|         |   | offered |                                             |   |
|         |   | price   |                                             |   |
|         |   | of a    |                                             |   |
|         |   | d       |                                             |   |
|         |   | omestic |                                             |   |
|         |   | product |                                             |   |
|         |   | to be   |                                             |   |
|         |   | unreas  |                                             |   |
|         |   | onable. |                                             |   |
+---------+---+---------+---------------------------------------------+---+
| T3.6.   |   | Buy     |                                             |   |
| 4.A.2.b |   | A       |                                             |   |
|         |   | merican |                                             |   |
|         |   | Act: CO |                                             |   |
|         |   | may     |                                             |   |
|         |   | de      |                                             |   |
|         |   | termine |                                             |   |
|         |   | that    |                                             |   |
|         |   | the Buy |                                             |   |
|         |   | A       |                                             |   |
|         |   | merican |                                             |   |
|         |   | restr   |                                             |   |
|         |   | ictions |                                             |   |
|         |   | on      |                                             |   |
|         |   | const   |                                             |   |
|         |   | ruction |                                             |   |
|         |   | ma      |                                             |   |
|         |   | terials |                                             |   |
|         |   | do not  |                                             |   |
|         |   | apply.  |                                             |   |
+---------+---+---------+---------------------------------------------+---+
| T.3.6.  |   | Buy     |                                             |   |
| 4.A.3.c |   | Ame     |                                             |   |
|         |   | rican - |                                             |   |
|         |   | Steel   |                                             |   |
|         |   | and     |                                             |   |
|         |   | Manuf   |                                             |   |
|         |   | actured |                                             |   |
|         |   | Pr      |                                             |   |
|         |   | oducts: |                                             |   |
|         |   | CO may  |                                             |   |
|         |   | waive   |                                             |   |
|         |   | appl    |                                             |   |
|         |   | ication |                                             |   |
|         |   | of this |                                             |   |
|         |   | Act in  |                                             |   |
|         |   | a joint |                                             |   |
|         |   | finding |                                             |   |
|         |   | with    |                                             |   |
|         |   | the IPT |                                             |   |
|         |   | and     |                                             |   |
|         |   | legal   |                                             |   |
|         |   | c       |                                             |   |
|         |   | ounsel. |                                             |   |
+---------+---+---------+---------------------------------------------+---+
| T       |   | Balance |                                             |   |
| .3.6.4. |   | of      |                                             |   |
| A.4.b.1 |   | P       |                                             |   |
|         |   | ayments |                                             |   |
|         |   | P       |                                             |   |
|         |   | rogram: |                                             |   |
|         |   | CO may  |                                             |   |
|         |   | de      |                                             |   |
|         |   | termine |                                             |   |
|         |   | that    |                                             |   |
|         |   | the     |                                             |   |
|         |   | requ    |                                             |   |
|         |   | irement |                                             |   |
|         |   | can     |                                             |   |
|         |   | only be |                                             |   |
|         |   | filled  |                                             |   |
|         |   | by a    |                                             |   |
|         |   | foreign |                                             |   |
|         |   | product |                                             |   |
|         |   | or      |                                             |   |
|         |   | s       |                                             |   |
|         |   | ervice. |                                             |   |
+---------+---+---------+---------------------------------------------+---+
| T3.6.   |   | Restr   |                                             |   |
| 4.A.7.d |   | ictions |                                             |   |
|         |   | on      |                                             |   |
|         |   | Certain |                                             |   |
|         |   | Foreign |                                             |   |
|         |   | Pur     |                                             |   |
|         |   | chases: |                                             |   |
|         |   | CO may  |                                             |   |
|         |   | approve |                                             |   |
|         |   | exc     |                                             |   |
|         |   | eptions |                                             |   |
|         |   | to      |                                             |   |
|         |   | ac      |                                             |   |
|         |   | quiring |                                             |   |
|         |   | s       |                                             |   |
|         |   | upplies |                                             |   |
|         |   | or      |                                             |   |
|         |   | s       |                                             |   |
|         |   | ervices |                                             |   |
|         |   | from    |                                             |   |
|         |   | foreign |                                             |   |
|         |   | gover   |                                             |   |
|         |   | nments. |                                             |   |
+---------+---+---------+---------------------------------------------+---+
| T3      |   | Term    |                                             |   |
| .10.6.A |   | ination |                                             |   |
| .1.b.15 |   | Settl   |                                             |   |
|         |   | ements: |                                             |   |
|         |   | CO will |                                             |   |
|         |   | issue a |                                             |   |
|         |   | determ  |                                             |   |
|         |   | ination |                                             |   |
|         |   | if a    |                                             |   |
|         |   | set     |                                             |   |
|         |   | tlement |                                             |   |
|         |   | ag      |                                             |   |
|         |   | reement |                                             |   |
|         |   | cannot  |                                             |   |
|         |   | be      |                                             |   |
|         |   | r       |                                             |   |
|         |   | eached. |                                             |   |
+---------+---+---------+---------------------------------------------+---+
| T3.10.  |   | Quality |                                             |   |
| 4.A.2.d |   | Relia   |                                             |   |
|         |   | bility: |                                             |   |
|         |   | The CO  |                                             |   |
|         |   | signs   |                                             |   |
|         |   | the     |                                             |   |
|         |   | letter  |                                             |   |
|         |   | to the  |                                             |   |
|         |   | con     |                                             |   |
|         |   | tractor |                                             |   |
|         |   | desi    |                                             |   |
|         |   | gnating |                                             |   |
|         |   | who is  |                                             |   |
|         |   | de      |                                             |   |
|         |   | legated |                                             |   |
|         |   | as      |                                             |   |
|         |   | Quality |                                             |   |
|         |   | Reli    |                                             |   |
|         |   | ability |                                             |   |
|         |   | Officer |                                             |   |
|         |   | (QRO)   |                                             |   |
|         |   | for the |                                             |   |
|         |   | co      |                                             |   |
|         |   | ntract. |                                             |   |
+---------+---+---------+---------------------------------------------+---+
|         |   |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
|         |   | *       |                                             |   |
|         |   | *Non-Wa |                                             |   |
|         |   | rranted |                                             |   |
|         |   | FAA     |                                             |   |
|         |   | Em      |                                             |   |
|         |   | ployees |                                             |   |
|         |   | with    |                                             |   |
|         |   | Limited |                                             |   |
|         |   | Pur     |                                             |   |
|         |   | chasing |                                             |   |
|         |   | Auth    |                                             |   |
|         |   | ority** |                                             |   |
+---------+---+---------+---------------------------------------------+---+
| T3.1.   |   | Credit  |                                             |   |
| 4.A.1.b |   | Cards,  |                                             |   |
|         |   | Third   |                                             |   |
|         |   | Party   |                                             |   |
|         |   | Drafts, |                                             |   |
|         |   | and     |                                             |   |
|         |   | S       |                                             |   |
|         |   | F-44's: |                                             |   |
|         |   | The FAA |                                             |   |
|         |   | Acqu    |                                             |   |
|         |   | isition |                                             |   |
|         |   | Ex      |                                             |   |
|         |   | ecutive |                                             |   |
|         |   | or      |                                             |   |
|         |   | d       |                                             |   |
|         |   | esignee |                                             |   |
|         |   | may     |                                             |   |
|         |   | d       |                                             |   |
|         |   | elegate |                                             |   |
|         |   | limited |                                             |   |
|         |   | au      |                                             |   |
|         |   | thority |                                             |   |
|         |   | for use |                                             |   |
|         |   | of      |                                             |   |
|         |   | credit  |                                             |   |
|         |   | cards,  |                                             |   |
|         |   | third   |                                             |   |
|         |   | party   |                                             |   |
|         |   | drafts, |                                             |   |
|         |   | and/or  |                                             |   |
|         |   | S       |                                             |   |
|         |   | F-44's. |                                             |   |
|         |   | Persons |                                             |   |
|         |   | to whom |                                             |   |
|         |   | such    |                                             |   |
|         |   | cont    |                                             |   |
|         |   | racting |                                             |   |
|         |   | au      |                                             |   |
|         |   | thority |                                             |   |
|         |   | has     |                                             |   |
|         |   | been    |                                             |   |
|         |   | de      |                                             |   |
|         |   | legated |                                             |   |
|         |   | may     |                                             |   |
|         |   | make    |                                             |   |
|         |   | cont    |                                             |   |
|         |   | ractual |                                             |   |
|         |   | comm    |                                             |   |
|         |   | itments |                                             |   |
|         |   | within  |                                             |   |
|         |   | de      |                                             |   |
|         |   | legated |                                             |   |
|         |   | limits. |                                             |   |
+---------+---+---------+---------------------------------------------+---+
|         |   |         |                                             |   |
+---------+---+---------+---------------------------------------------+---+
|         |   | **Indi  |                                             |   |
|         |   | viduals |                                             |   |
|         |   | Other   |                                             |   |
|         |   | than    |                                             |   |
|         |   | CO's    |                                             |   |
|         |   | Who     |                                             |   |
|         |   | Have    |                                             |   |
|         |   | Been    |                                             |   |
|         |   | De      |                                             |   |
|         |   | legated |                                             |   |
|         |   | Proc    |                                             |   |
|         |   | urement |                                             |   |
|         |   | Auth    |                                             |   |
|         |   | ority** |                                             |   |
+---------+---+---------+---------------------------------------------+---+
| T3.1.   |   | Lo      |                                             |   |
| 4.A.2.a |   | gistics |                                             |   |
|         |   | Man     |                                             |   |
|         |   | agement |                                             |   |
|         |   | Spec    |                                             |   |
|         |   | ialists |                                             |   |
|         |   | and     |                                             |   |
|         |   | General |                                             |   |
|         |   | Supply  |                                             |   |
|         |   | Speci   |                                             |   |
|         |   | alists: |                                             |   |
|         |   | Indi    |                                             |   |
|         |   | viduals |                                             |   |
|         |   | other   |                                             |   |
|         |   | than    |                                             |   |
|         |   | CO's    |                                             |   |
|         |   | who     |                                             |   |
|         |   | have    |                                             |   |
|         |   | been    |                                             |   |
|         |   | de      |                                             |   |
|         |   | legated |                                             |   |
|         |   | proc    |                                             |   |
|         |   | urement |                                             |   |
|         |   | au      |                                             |   |
|         |   | thority |                                             |   |
|         |   | may     |                                             |   |
|         |   | include |                                             |   |
|         |   | Lo      |                                             |   |
|         |   | gistics |                                             |   |
|         |   | Man     |                                             |   |
|         |   | agement |                                             |   |
|         |   | Spec    |                                             |   |
|         |   | ialists |                                             |   |
|         |   | or      |                                             |   |
|         |   | General |                                             |   |
|         |   | Supply  |                                             |   |
|         |   | Speci   |                                             |   |
|         |   | alists. |                                             |   |
|         |   | Del     |                                             |   |
|         |   | egation |                                             |   |
|         |   | will be |                                             |   |
|         |   | from    |                                             |   |
|         |   | the     |                                             |   |
|         |   | COCO.   |                                             |   |
|         |   | Also,   |                                             |   |
|         |   | within  |                                             |   |
|         |   | some    |                                             |   |
|         |   | re      |                                             |   |
|         |   | gions/c |                                             |   |
|         |   | enters, |                                             |   |
|         |   | other   |                                             |   |
|         |   | proc    |                                             |   |
|         |   | urement |                                             |   |
|         |   | dele    |                                             |   |
|         |   | gations |                                             |   |
|         |   | of a    |                                             |   |
|         |   | fun     |                                             |   |
|         |   | ctional |                                             |   |
|         |   | or      |                                             |   |
|         |   | spec    |                                             |   |
|         |   | ialized |                                             |   |
|         |   | nature  |                                             |   |
|         |   | have    |                                             |   |
|         |   | been    |                                             |   |
|         |   | made,   |                                             |   |
|         |   | and     |                                             |   |
|         |   | this    |                                             |   |
|         |   | g       |                                             |   |
|         |   | uidance |                                             |   |
|         |   | will    |                                             |   |
|         |   | not     |                                             |   |
|         |   | attempt |                                             |   |
|         |   | to list |                                             |   |
|         |   | all     |                                             |   |
|         |   | such    |                                             |   |
|         |   | deleg   |                                             |   |
|         |   | ations. |                                             |   |
|         |   | (For    |                                             |   |
|         |   | e       |                                             |   |
|         |   | xample, |                                             |   |
|         |   | in some |                                             |   |
|         |   | r       |                                             |   |
|         |   | egions, |                                             |   |
|         |   | the     |                                             |   |
|         |   | COCO    |                                             |   |
|         |   | has     |                                             |   |
|         |   | granted |                                             |   |
|         |   | proc    |                                             |   |
|         |   | urement |                                             |   |
|         |   | au      |                                             |   |
|         |   | thority |                                             |   |
|         |   | to the  |                                             |   |
|         |   | Human   |                                             |   |
|         |   | Re      |                                             |   |
|         |   | sources |                                             |   |
|         |   | D       |                                             |   |
|         |   | ivision |                                             |   |
|         |   | to      |                                             |   |
|         |   | procure |                                             |   |
|         |   | tr      |                                             |   |
|         |   | aining, |                                             |   |
|         |   | and has |                                             |   |
|         |   | de      |                                             |   |
|         |   | legated |                                             |   |
|         |   | au      |                                             |   |
|         |   | thority |                                             |   |
|         |   | to the  |                                             |   |
|         |   | Tele    |                                             |   |
|         |   | communi |                                             |   |
|         |   | cations |                                             |   |
|         |   | Section |                                             |   |
|         |   | to      |                                             |   |
|         |   | procure |                                             |   |
|         |   | tele    |                                             |   |
|         |   | communi |                                             |   |
|         |   | cations |                                             |   |
|         |   | s       |                                             |   |
|         |   | ervices |                                             |   |
|         |   | from    |                                             |   |
|         |   | DITCO   |                                             |   |
|         |   | in      |                                             |   |
|         |   | limited |                                             |   |
|         |   | c       |                                             |   |
|         |   | ircumst |                                             |   |
|         |   | ances.) |                                             |   |
+---------+---+---------+---------------------------------------------+---+

**3. RATIFICATION OF UNAUTHORIZED COMMITMENTS**

a\. *General.*

\(1\) Only

CO's and those individuals who have been designated specific authority,
and acting within the scope of their designated authority may enter into
contracts or other agreements and expend funds on behalf of the
Government.

\(2\) Those individuals other than CO's who have delegated procurement
authority may include, Logistics Management Specialist or General Supply
Specialist who have been delegated authority by the COCO; authorized
government credit card holders, and authorized users of SF-44\'s and
third party drafts.

\(3\) A

contract or agreement made with vendors by FAA employees, other than
CO's and other authorized persons, is [not]{.underline} binding because
the person who made the agreement lacked the authority to commit the

Government.

\(4\) The procedures contained herein must be adhered to by all FAA
organizations. Regional and center procurement offices and other
organizations may issue their own implementing procedures, to the extent
that they do not contradict the procedures described herein.

\(5\) It is the policy of the FAA that all contracts, which includes all
types of commitments that obligate the government to expend funds, shall
be made by a Government official who has the authority to enter into
contracts.

FAA organizations shall make every effort to prevent unauthorized
commitments. Unauthorized commitments are serious acts of misconduct.

Persons who commit the Government without proper authorization will be
held accountable and may disciplined in accordance with the disciplinary
measures outlined in Federal Aviation Personnel Manual (FAPM) Letter
2635.

\(6\) It

is the responsibility of supervisors and managers to ensure that each of
their employees is aware of the policy and procedures regarding
unauthorized commitments and conduct and discipline rules in FAPM Letter
2635.

\(7\) Although

it is the agency\'s policy to avoid unauthorized commitments, under
certain approved circumstances, such commitments may be ratified in
accordance with the procedures outlined herein and converted into a
legal contract.

b\. *Ratifying*

*Official*. The authority to ratify unauthorized commitments is with the
Director of Acquisitions for Washington

headquarters.

This authority is delegated to the Regional Administrators and Center
Directors and shall not be delegated below these positions.

c\. *Ratification Procedures*. When an organization discovers that an
unauthorized commitment has been made, immediate action should be taken
to ratify that commitment and have it converted to a legal contract by
the cognizant procurement office.

\(1\) The supervisor/manager with the assistance of the person who
committed the unauthorized act, should prepare a memorandum of facts
containing the following information:

\(a\) a detailed description of the circumstances that caused the
unauthorized commitment;

\(b\) reasons why normal procurement procedures were not followed;

\(c\) a description of the bona fide Government requirement that
necessitated the commitment;

\(d\) a statement as to the benefit to the agency as a result of the
acquisition of the unauthorized supplies or services received;

\(e\) the dollar value of the commitment;

\(f\) rationale for the contractor selected and identification of other
sources considered;

\(g\) the name of the individual who made the unauthorized act;

\(h\) a statement regarding the disciplinary action taken to preclude
the situation from recurring;

\(i\) a specific recommendation that the transaction be approved and
ratified;

\(j\) a determination that funds are now available and were available at
the time the unauthorized commitment was made; and

\(k\) any other pertinent facts including invoices, receiving reports,
or other evidence concerning the transaction.

\(2\) Evidence of available funding should be attached to the
memorandum.

\(3\) The memorandum of facts should be signed by the employee who made
the unauthorized commitment and endorsed by the supervisor/manager. By
signing the memorandum the employee attests to the fact that the
information contain therein is accurate and complete. In those instances
when an employee has left the FAA, the organization having access to
information regarding the unauthorized commitment should prepare the
memorandum, and it should be signed by the former employee's
supervisor/manager.

\(4\) Legal review and concurrence should be obtained prior to
submitting the memorandum to the ratifying official.

\(5\) After legal concurrence, the memorandum along with the applicable
procurement request (PR) is to be transmitted to the cognizant
procurement office for ratification action.

\(6\) When the procurement office receives a PR and a properly
documented supporting memorandum, the CO may make a written
determination, as set forth below, and forward the ratification action
to the ratifying official.

\(a\) *Contracting*

*Officer\'s Determination*. Prior to recommending approval of a
ratification and as a part of the CO\'s determination, the CO should:

\(i\) Determine

the price to be fair and reasonable;

\(ii\) Recommend

that payment should be made;

\(iii\) Determine

that the settlement of the unauthorized commitment would not involve a
contract dispute subject to AMS section 3.9.3.2.2;

\(iv\) Determine

that the purchase would have been authorized had the purchaser followed
established procedures.

\(b\) If

an affirmative determination can be made in all of the above areas, the
CO should prepare a memorandum to the ratifying official containing the
following information:

\(i\) A

brief description of the unauthorized commitment;

\(ii\) A

statement that prices are fair and reasonable;

\(iii\) A

statement recommending approval of the unauthorized commitment; and

\(iv\) A

copy of all supporting documentation.

\(c\)

If the CO, after legal concurrence, is unable to make an affirmative
determination in all of the areas at

paragraph (6)(a)

above, the memorandum to the ratifying official shall state the CO\'s
reasons that an affirmative determination cannot be made, recommend that
the action not be ratified, and offer an alternative solution to
resolving the unauthorized commitment.

d\. *Notice*

*of Infractions.*

\(1\) An

unauthorized commitment made by an individual

on or after April 1, 1996

is considered a first infraction.

\(2\) Upon

receipt of a request for ratification from an organization, the
Logistics Division managers at regions and the Technical Center, the
Program Director for Acquisition at the Aeronautical Center, and the
Contracts Division manager in Washington headquarters must forward a
notice of infraction to the manager/supervisor at a level above the
supervisor/manager who signed the memorandum of facts. The notice should
advise the manager/supervisor, among other things, that this action
violates Federal law and FAA policy and guidance; remind him/her of the
proper procurement process; offer to provide written material or
mini-training sessions (when possible) to orient the organization to the
procurement process; request every effort be made to avoid future
violations; and, when appropriate, request the widest possible
distribution of the notice within the organization.

e\. *Disciplinary*

*Actions for Making Unauthorized Commitments.*

\(1\) Individuals

who make unauthorized commitments, as well as their immediate supervisor
are subject to possible disciplinary actions. The recommended levels of
disciplinary penalties for staff and managers and/or supervisors, for up
to three infractions, are contained FAPM Letter 2635.

\(2\) Any

unauthorized commitment made by a non-manager/supervisor with the
approval of his/her manager/supervisor is an infraction against the
manager/supervisor and not the non-manager/supervisor.

\(3\) The

period of accumulation for the above mentioned infractions by staff,
managers, and/or supervisors is 5 years.

f\. *Avoidance of*

*Ratification.*

\(1\) When

individuals who have not been delegated procurement authority are in
need of products and/or services to complete their mission; or when
individuals with delegated procurement authority need products and/or
services estimated to exceed their delegated authority, consult with the
procurement office for support and guidance in order to avoid
unauthorized commitments.

\(2\) An

unauthorized commitment occurs when someone, other than a CO or other
authorized official, enters into an agreement on behalf of the
Government but does not have authority to do so or to obligate the
Government.

\(3\) To

avoid a ratification action, the office requiring products and/or
services should first ensure that the employees are familiar with the
acquisition process and are aware of the consequences surrounding
unauthorized commitments.

\(4\) Individuals

who have not been delegated procurement authority and who need supplies
or services, should contact either the person within their organization
who has been delegated procurement authority or the organization's
procurement office for assistance. The following are some examples of
types of acquisitions and areas of the acquisition/procurement process
that may involve individuals outside of the procurement offices, and
circumstances in which procurement authority may be delegated to
individuals other than a CO. (For more information about procurement
methods generally used by individuals outside of the procurement office,
see procurement toolbox guidance T3.2.2.5, "Commercial and Simplified
Purchase Method.")

\(a\) Government

Credit Card - FAA employees may be delegated authority to procure
supplies and services using the Government credit card.

\(b\) Blanket

Purchase Agreements (BPA's) - A purchase order for supplies or services
awarded by a CO, authorizing specific individuals throughout
organizations to order supplies or services from the BPA.

\(c\) Standard

Form 44, Purchase Order Invoice Voucher (SF-44) - A pocket sized
purchase order form designed primarily for on-the-spot, over-the-counter
purchases of supplies and services. SF-44 booklets are issued to
individuals within an organization who have been delegated this
authority.

\(d\) Logistics Management Specialist - Individuals who have been
granted authority by the CO to purchase supplies and services within a
specific dollar limit as specified by the delegation.

\(6\) *Existing*

*Contracts*.

\(a\) Contracting Officer Representative (COR), Contracting Officer
Technical Representative (COTR), Resident Engineers, etc., must be
careful not to direct the contractor to perform any task that would
result in a change to the cost, schedule, or scope of the contract,
unless such action is authorized by the CO.

\(b\) It is easy through conversation and during the normal daily
interaction with the contractor to inadvertently direct the contractor
to perform various tasks that result in cost or schedule impact. If such
direction is given without the delegated authority, or the expressed
authorization of the CO, the result is an unauthorized commitment.

\(7\) *Contract*

*Renewals*.

\(a\) Contracts that are awarded for a base year plus options means that
the Government is only committed for the first year or base period. Each
option period requires a modification to the contract prior to the
beginning of the option period to authorize continued performance.
Performance following the initial contract period must not begin until
the contract has been properly modified to authorize continued
performance.

\(b\) The program or requiring office is responsible for requesting a
contract modification of options and providing the funds necessary to
continue performance.

\(c\) Individuals who serve as the Government's point of contact on a
contract with option provisions should be familiar with the contract
terms. Placing an order or directing tasks against an expired contract
results in an unauthorized commitment. Prior to the beginning of the
option year, if a modification has not been received to extend the
contract period, the CO should be contacted for guidance before placing
any orders or directing any tasks for that option period.

\(8\) The

following are examples of areas where unauthorized commitments are
commonly made:

\(a\) Acquiring

conference space -

After the request for conference space has been coordinated through the
local property branch, the requiring office may discuss the requirement
with the vendor/hotel to ensure the appropriate accommodations are
available. However, the space should not be utilized until the
transaction has been approved and an agreement consummated by a person
with the appropriate procurement authority.

\(b\) Training -

Request for training should be submitted to the procurement office in
time to enable the requirement to be processed sufficiently in advance
of the beginning of the course.

\(c\) Professional

speakers or arbitration services

\- The requiring organization may identify the appropriate speakers or
arbitrators and have discussions to ensure the Government's needs will
be met. However, the requiring office should not enter into any oral or
written agreements on behalf of the Government unless the person making
the agreement has the delegated authority to do so. If the requiring
office does not have an individual with the delegated authority to enter
into an agreement, the request should be submitted to the contracting
office for processing.

g\. *Exceptions*

*to Infractions.*

\(1\) In

cases of extreme emergencies, such as natural disaster\--floods, fires,
tornadoes, and hurricanes\--or emergencies that may have an immediate
impact on the safety of the flying public, an individual may be put in a
position of having to obligate the Government's funds in order to
preserve life and property. In these instances, if possible, the
individual should contact the cognizant procurement office and request
the CO give the contractor a verbal authorization to proceed in
accordance with the emergency procedures outlined in paragraph
3.2.2.4.1.1. of the FAA Acquisition Management System.

\(2\) When

the conditions outlined above occur, and the CO cannot be contacted to
give a verbal authorization, the memorandum of fact should document the
circumstances. It should include a statement that the person who made
the unauthorized commitment is exempt from the requirement for
disciplinary action.

h\. *Waivers.*

The Director of Acquisitions, Washington headquarters, has the authority
to waive the disciplinary actions when the ratifying official justifies
in writing that the unauthorized act does not warrant disciplinary
action.

i.  *Definitions*.

\(1\) "Ratification"

\- an act of approving an unauthorized commitment by an official who has
the authority to do so.

\(2\) "Unauthorized

commitment" - an agreement entered into by a representative of the
Government who does not have the authority to enter into agreements on
behalf of the Government.

**B. CLAUSES**

None applicable.

**C. FORMS**

None applicable.

+---------+---------+-------------------------------------------------+
| Special | T3.6.2  | The CO may waive any or all of the terms of the |
| D       | .A.14.c | clause "Affirmative Action for Special Disabled |
| isabled |         | and Vietnam Era Veterans," for any individual   |
| and     |         | contract subject to concurrence from the        |
| Vietnam |         | Director of OFCCP.                              |
| Era     |         |                                                 |
| V       |         | *(Note: COCO waives for groups or categories of |
| eterans |         | contracts).*                                    |
+---------+---------+-------------------------------------------------+
| Emp     | T3.6.2  | The CO may waive, for any individual contract,  |
| loyment | .A.15.c | terms of the clause, "Affirmative Action for    |
| of the  |         | Handicapped Workers," subject of concurrence of |
| Hand    |         | the Director of OFCCP.                          |
| icapped |         |                                                 |
|         |         | *(Note: COCO waives for groups and categories   |
|         |         | of contracts.)*                                 |
+---------+---------+-------------------------------------------------+
| Buy     | T3.6.   | The CO is authorized to determine that certain  |
| A       | 4.A.1.b | products are exempt from the Buy American Act.  |
| merican |         |                                                 |
| Act     |         |                                                 |
+---------+---------+-------------------------------------------------+
|         | T3.6.   | The CO may determine the offered price of a     |
|         | 4.A.1.d | domestic product to be unreasonable.            |
+---------+---------+-------------------------------------------------+
|         | T3.6.   | The CO may determine that the Buy American      |
|         | 4.A.2.b | restrictions on construction materials do not   |
|         |         | apply.                                          |
+---------+---------+-------------------------------------------------+
| Balance | T       | CO may determine that the requirement can only  |
| of      | .3.6.4. | be filled by a foreign product or service.      |
| P       | A.4.b.1 |                                                 |
| ayments |         |                                                 |
| Program |         |                                                 |
+---------+---------+-------------------------------------------------+
| Restr   | T3.6.   | The CO may approve exceptions to acquiring      |
| ictions | 4.A.7.d | supplies or services from foreign governments.  |
| on      |         |                                                 |
| Certain |         |                                                 |
| Foreign |         |                                                 |
| Pu      |         |                                                 |
| rchases |         |                                                 |
+---------+---------+-------------------------------------------------+
| De      | 3.8.2A. | The CO obtains determinations and approvals     |
| termina | 3.b.(4) | from the head of a line of business when the    |
| tionson |         | employment of a buyout employee under a support |
| Buyout  |         | service contract complies with the requirements |
| Em      |         | of P.L. 103-226..                               |
| ployees |         |                                                 |
+---------+---------+-------------------------------------------------+
| C       | AMS     | The CO has full discretion to settle contract   |
| ontract | 3.      | disputes at his/her level, except when the      |
| D       | 9.3.1.2 | matter involves fraud. If not settled at this   |
| isputes |         | level, AMS procedures for protest filing and    |
| Sett    |         | dispute resolution are to be followed.          |
| lements |         |                                                 |
+---------+---------+-------------------------------------------------+
| D       | AMS     | The CO may delegate property administation to   |
| elegate | 3       | the property administration office.             |
| P       | .10.3.2 |                                                 |
| roperty |         |                                                 |
| Adminis |         |                                                 |
| tration |         |                                                 |
+---------+---------+-------------------------------------------------+
| Quality | T3.10.  | The CO signs the letter to the contractor       |
| Reli    | 4.A.2.d | specifying the Quality Reliability Officer      |
| ability |         | (QRO) for the contract.                         |
+---------+---------+-------------------------------------------------+
| Term    | AMS     | The CO may terminate contracts, whether for     |
| ination | 3       | default or convenience, when it is in FAA's     |
| of      | .10.6.2 | interest to do so.                              |
| Co      |         |                                                 |
| ntracts |         |                                                 |
+---------+---------+-------------------------------------------------+
|         |         |                                                 |
+---------+---------+-------------------------------------------------+
| Term    | T3      | CO will issue a determination if a settlement   |
| ination | .10.6.A | agreement cannot be reached.                    |
| Sett    | .1.b.15 |                                                 |
| lements |         |                                                 |
| Determi |         |                                                 |
| nations |         |                                                 |
+---------+---------+-------------------------------------------------+
|         |         |                                                 |
+---------+---------+-------------------------------------------------+
|         |         | **Non-Warranted FAA Employees with Limited      |
|         |         | Purchasing Authority**                          |
+---------+---------+-------------------------------------------------+
| Credit  | T3.1.   | Individuals that have been delegated purchasing |
| Cards,  | 4.A.1.b | authority for use of credit cards, third party  |
| Third   |         | drafts, and/or SF-44's may make these kinds of  |
| Party   |         | commitments within delegated limits.            |
| Drafts, |         |                                                 |
| and     |         |                                                 |
| SF-44's |         |                                                 |
+---------+---------+-------------------------------------------------+

**3. RATIFICATION OF UNAUTHORIZED COMMITMENTS**

a\. *General.*

\(1\) *Authority.* Only CO's and those individuals who have been
designated specific authority, and acting within the scope of their
designated authority may enter into contracts or other agreements and
expend funds on behalf of the Government.

\(2\) *Unauthorized Commitments*. A contract or agreement made with
vendors by FAA employees, other than CO's and other authorized persons,
is [not]{.underline} binding because the person who made the agreement
lacked the authority to commit the Government. Persons who commit the
Government without proper authorization are acting improperly. They will
be held accountable and may be disciplined in accordance with the
disciplinary measures outlined in Federal Aviation Personnel Manual
(FAPM) Letter 2635.

\(3\) *Organizational Responsibility*. FAA organizations shall make
every effort to prevent unauthorized commitments. Unauthorized
commitments are serious acts of misconduct. It is the responsibility of
supervisors and managers to ensure that each of their employees is aware
of the policy and procedures regarding unauthorized commitments and
conduct and discipline rules in FAPM Letter 2635.

\(4\) *Local Implementation.* The procedures contained herein must be
adhered to by all FAA organizations. Regional and center procurement
offices and other organizations may issue their own implementing
procedures, to the extent that they do not contradict the procedures
described here.

b\. *Ratification.*

\(1\) Although it is the agency\'s policy to avoid unauthorized
commitments, under certain approved circumstances, such commitments may
be ratified in accordance with the procedures outlined herein and
converted into a legal contract.

\(2\) *Ratifying Official*. The authority to ratify unauthorized
commitments is with the Director of Acquisitions for Washington
Headquarters. This authority is delegated to the Regional Administrators
and Center Directors and shall not be delegated below these positions.

\(3\) *Procedures*. When an organization discovers that an unauthorized
commitment has been made, immediate action should be taken to ratify
that commitment and have it converted to a legal action by the cognizant
procurement office.

\(a\) The supervisor/manager with the assistance of the person who
committed the unauthorized act, should prepare a memorandum of facts
containing the following information:

\(i\) a detailed description of the circumstances that caused the
unauthorized commitment;

\(ii\) reasons why normal procurement procedures were not followed;

\(iii\) a description of the bona fide Government requirement that
necessitated the commitment;

\(iv\) a statement as to the benefit to the agency as a result of the
acquisition of the unauthorized supplies or services received;

\(v\) the dollar value of the commitment;

\(vi\) rationale for the contractor selected and identification of other
sources considered;

\(vii\) the name of the individual who made the unauthorized act;

\(viii\) a statement regarding the disciplinary action taken to preclude
the situation from recurring;

\(ix\) a specific recommendation that the transaction be approved and
ratified;

\(x\) a determination that funds are now available and were available at
the time the unauthorized commitment was made; and

\(xi\) any other pertinent facts including invoices, receiving reports,
or other evidence concerning the transaction.

\(b\) Evidence of available funding should be attached to the
memorandum.

\(c\) The memorandum of facts should be signed by the employee who made
the unauthorized commitment and endorsed by the supervisor/manager. By
signing the memorandum the employee attests to the fact that the
information is accurate and complete. In instances where an employee has
left the FAA, the organization having access to information regarding
the unauthorized commitment should prepare the memorandum, and it should
be signed by the former employee's supervisor/manager.

\(d\) Legal review and concurrence should be obtained prior to
submitting the memorandum to the ratifying official.

\(e\) After legal concurrence, the memorandum along with the applicable
procurement request (PR) is to be transmitted to the cognizant
procurement office for ratification action.

\(f\) When the procurement office receives a PR and a properly
documented supporting memorandum, the CO may make a written
determination, as set forth below, and forward the ratification action
to the ratifying official.

\(i\) *Contracting Officer\'s Determination*. Prior to recommending
approval of a ratification and as a part of the CO\'s determination, the
CO should:

(AA) Determine the price to be fair and reasonable;

(BB) Recommend that payment should be made;

\(CC\) Determine that the settlement of the unauthorized commitment
would not involve a contract dispute subject to AMS section 3.9.3.2.2;

(DD) Determine that the purchase would have been authorized had the
purchaser followed established procedures.

\(ii\) If an affirmative determination can be made in all of the above
areas, the CO should prepare a memorandum to the ratifying official
containing the following information:

(AA) A brief description of the unauthorized commitment;

(BB) A statement that prices are fair and reasonable;

\(CC\) A statement recommending approval of the unauthorized commitment;
and

(DD) A copy of all supporting documentation.

\(iii\) If the CO, after legal concurrence, is unable to make an
affirmative determination in all of the areas at subparagraph (3)(f)(i)
above, the memorandum to the ratifying official shall state the CO\'s
reasons that an affirmative determination cannot be made, recommend that
the action not be ratified, and offer an alternative solution to
resolving the unauthorized commitment.

\(4\) *Notice of Infractions.*

\(a\) An unauthorized commitment made by an individual is considered a
first infraction.

\(b\) Upon receipt of a request for ratification from an organization,
the Logistics Division managers at regions and the Technical Center, the
Program Director for Acquisition at the Aeronautical Center, and the
Contracts Division manager in Washington headquarters must forward a
notice of infraction to the manager/supervisor at a level above the
supervisor/manager who signed the memorandum of facts. The notice should
advise the manager/supervisor, among other things, that this action
violates Federal law and FAA policy and guidance; remind him/her of the
proper procurement process; offer to provide written material or
mini-training sessions (when possible) to orient the organization to the
procurement process; request every effort be made to avoid future
violations; and, when appropriate, request the widest possible
distribution of the notice within the organization.

\(5\) *Disciplinary Actions for Making Unauthorized Commitments.*

\(a\) Individuals who make unauthorized commitments, as well as their
immediate supervisor are subject to possible disciplinary actions. The
recommended levels of disciplinary penalties for staff and managers
and/or supervisors, for up to three infractions, are contained FAPM
Letter 2635.

\(b\) Any unauthorized commitment made by a non-manager/supervisor with
the approval of his/her manager/supervisor is an infraction against the
manager/supervisor and not the non-manager/supervisor.

\(c\) The period of accumulation for the above mentioned infractions by
staff, managers, and/or supervisors is 5 years.

\(6\) *Avoiding Ratification.*

\(a\) When individuals who have not been delegated procurement authority
are in need of products and/or services to complete their mission; or
when individuals with delegated procurement authority need products
and/or services estimated to exceed their delegated authority, consult
with the procurement office for support and guidance in order to avoid
unauthorized commitments.

\(b\) An unauthorized commitment occurs when someone, other than a CO or
other authorized official, enters into an agreement on behalf of the
Government but does not have authority to do so or to obligate the
Government.

\(c\) To avoid a ratification action, the office requiring products
and/or services should first ensure that the employees are familiar with
the acquisition process and are aware of the consequences surrounding
unauthorized commitments.

\(d\) Individuals who have not been delegated procurement authority and
who need supplies or services, should contact either the person within
their organization who has been delegated procurement authority or the
organization's procurement office for assistance. The following are some
examples of types of acquisitions and areas of the
acquisition/procurement process that may involve individuals outside of
the procurement offices, and circumstances in which procurement
authority may be delegated to individuals other than a CO. (For more
information about procurement methods generally used by individuals
outside of the procurement office, see procurement toolbox guidance
T3.2.2.5, "Commercial and Simplified Purchase Method.")

\(i\) Government Credit Card - FAA employees may be delegated authority
to procure supplies and services using the Government credit card.

\(ii\) Blanket Purchase Agreements (BPA's) - A purchase order for
supplies or services awarded by a CO, authorizing specific individuals
throughout organizations to order supplies or services from the BPA.

\(iii\) Standard Form 44, Purchase Order Invoice Voucher (SF-44) - A
pocket sized purchase order form designed primarily for on-the-spot,
over-the-counter purchases of supplies and services. SF-44 booklets are
issued to individuals within an organization who have been delegated
this authority.

\(iv\) Third Party Drafts.

\(7\) *Existing Contracts*.

\(a\) Contracting Officer Representative (COR), Contracting Officer
Technical Representative (COTR), Resident Engineers, etc., must be
careful not to direct the contractor to perform any task that would
result in a change to the cost, schedule, or scope of the contract,
unless such action is authorized by the CO.

\(b\) It is easy through conversation and during the normal daily
interaction with the contractor to inadvertently direct the contractor
to perform various tasks that result in cost or schedule impact. If such
direction is given without the delegated authority, or the expressed
authorization of the CO, the result is an unauthorized commitment.

\(8\) *Contract Renewals*.

\(a\) Contracts that are awarded for a base year plus options means that
the Government is only committed for the first year or base period. Each
option period requires a modification to the contract prior to the
beginning of the option period to authorize continued performance.
Performance following the initial contract period must not begin until
the contract has been properly modified to authorize continued
performance.

\(b\) The program or requiring office is responsible for requesting a
contract modification of options and providing the funds necessary to
continue performance.

\(c\) Individuals who serve as the Government's point of contact on a
contract with option provisions should be familiar with the contract
terms. Placing an order or directing tasks against an expired contract
results in an unauthorized commitment. Prior to the beginning of the
option year, if a modification has not been received to extend the
contract period, the CO should be contacted for guidance before placing
any orders or directing any tasks for that option period.

\(9\) *Examples.* The following are examples of areas where unauthorized
commitments are commonly made:

\(a\) *Acquiring Conference Space.* After the request for conference
space has been coordinated through the local property branch, the
requiring office may discuss the requirement with the vendor/hotel to
ensure the appropriate accommodations are available. However, the space
should not be utilized until the transaction has been approved and an
agreement consummated by a person with the appropriate procurement
authority.

\(b\) *Training.* Request for training should be submitted to the
procurement office in time to enable the requirement to be processed
sufficiently in advance of the beginning of the course.

\(c\) *Professional Speakers or Arbitration Services* - The requiring
organization may identify the appropriate speakers or arbitrators and
have discussions to ensure the Government's needs will be met. However,
the requiring office should not enter into any oral or written
agreements on behalf of the Government unless the person making the
agreement has the delegated authority to do so. If the requiring office
does not have an individual with the delegated authority to enter into
an agreement, the request should be submitted to the contracting office
for processing.

\(10\) *Exceptions to Infractions.*

\(a\) In cases of extreme emergencies, such as natural
disaster\--floods, fires, tornadoes, and hurricanes\--or emergencies
that may have an immediate impact on the safety of the flying public, an
individual may be put in a position of having to obligate the
Government's funds in order to preserve life and property. In these
instances, if possible, the individual should contact the cognizant
procurement office and request the CO give the contractor a verbal
authorization to proceed in accordance with the emergency procedures
outlined in paragraph 3.2.2.4.1.1. of the FAA Acquisition Management
System.

\(b\) When the conditions outlined above occur, and the CO cannot be
contacted to give a verbal authorization, the memorandum of fact should
document the circumstances. It should include a statement that the
person who made the unauthorized commitment is exempt from the
requirement for disciplinary action.

\(11\) *Waivers.* The Director of Acquisitions, Washington headquarters,
has the authority to waive the disciplinary actions when the ratifying
official justifies in writing that the unauthorized act does not warrant
disciplinary action.

*(12) Definitions*.

\(a\) "Ratification" - an act of approving an unauthorized commitment by
an official who has the authority to do so.

\(b\) "Unauthorized commitment" - an agreement entered into by a
representative of the Government who does not have the authority to
enter into agreements on behalf of the Government.

**B. CLAUSES** --See Procurement Toolbox for applicable clauses.

**C. FORMS** **--** See Procurement Toolbox for applicable forms.

**D. APPENDIX**

Attachment 1 - Sample Unlimited Contracting Officer's Warrant Exluding
Cooperative Agreements and Other Transactions

Attachment 2 -- Sample Unlimited Contracting Officer's Warrant Including
Cooperative Agreements and Other Transaction

Attachment 3 - Sample Limited Contracting Officer's Warrant Excluding
Cooperative Agreements and Other Transactions

Appendix Attachment 1

**SAMPLE UNLIMITED CONTRACTING OFFICER'S WARRANT EXCLUDING COOPERATIVE
AGREEMENTS AND OTHER TRANSACTIONS**

**Certificate of Appointment**

Pursuant to the authority of the undersigned and

in accordance with Section 3.1.4 of

the FAA Acquisition Management System

**John H. Smith**

is appointed

**Contracting Officer**

for the

**United States of America**

Subject to the limitations contained in the Acquisition Management
System and any futher limitations set forth below:

**UNLIMITED AUTHORITY to execute contractual documents.**

Unless sooner terminated, this appointment

Appointment Is effective as long as the [Office of
Acquisitions]{.underline}

appointee is assigned to: (*Organization)*

**[February 2, 1998]{.underline}** **[Federal Aviation
Administration]{.underline}**

*(Date)* *(Agency)*

**[ASU-104]{.underline}** [Harriet
Jonex\_\_\_\_\_\_\_\_\_\_\_\_\_\_]{.underline}

*(No.) (Chief of the Contracting Office)*

Appendix Attachment 2

**SAMPLE UNLIMITED CONTRACTING OFFICER'S WARRANT INCLUDING COOPERATIVE
AGREEMENTS AND OTHER TRANSACTIONS**

**Certificate of Appointment**

Pursuant to the authority of the undersigned and

in accordance with Section 3.1.4 of

the FAA Acquisition Management System

**John H. Smith**

is appointed

**Contracting Officer**

for the

**United States of America**

Subject to the limitations contained in the Acquisition Management
System and any futher limitations set forth below:

**UNLIMITED AUTHORITY to execute contractual documents/grants,
cooperative agreements and other transactions.**

Unless sooner terminated, this appointment

Appointment Is effective as long as the [Office of
Acquisitions]{.underline}

appointee is assigned to: (*Organization)*

**[February 2, 1998]{.underline}** **[Federal Aviation
Administration]{.underline}**

*(Date)* *(Agency)*

**[ASU-107]{.underline}** [Harriet
Jonex\_\_\_\_\_\_\_\_\_\_\_\_\_\_]{.underline}

*(No.) (Chief of the Contracting Office)*

Appendix Attachment 3

**SAMPLE LIMITED CONTRACTING OFFICER'S WARRANT**

**Certificate of Appointment**

Pursuant to the authority of the undersigned and

in accordance with Section 3.1.4 of

the FAA Acquisition Management System

**John H. Smith**

is appointed

**Contracting Officer**

for the

**United States of America**

Subject to the limitations contained in the Acquisition Management
System and any further limitations set forth below:

**LIMITED AUTHORITY to execute contractual documents up to \$10,000**

Unless sooner terminated, this appointment

Appointment Is effective as long as the [Office of
Acquisitions]{.underline}

appointee is assigned to: (*Organization)*

[February 2, 1998]{.underline} **[Federal Aviation
Administration]{.underline}**

*(Date)* *(Agency)*

[ASU-118]{.underline} [Harriet
Jonex\_\_\_\_\_\_\_\_\_\_\_\_\_\_]{.underline}

*(No.) (Chief of the Contracting Office)*

[^1]: Example of sources: OIG Recommendation, White Paper, Legislation,
    Executive Order, etc.

[^2]: A copy of the suggested language that should be added to, or
    replace, language in the AMS. If revising, also provide a comparison
    copy of existing language to revised language (i.e. "red-line"
    version)

[^3]: Internal and external to the FAA, as applicable.

[^4]: Not necessarily in dollars.

[^5]: Example of ASAG actions: information only, review and comment,
    disseminate among organization for comment.