This delegation of authority is published in a Department of the Army Circular in the 715-2 series.

(b) The U.S. Army Corps of Engineers has been assigned responsibility for Department of the Army implementation of DoD directives pertaining to uniform standards for the selection of architectengineer firms for professional services and to uniform standards for the employment and payment of architectengineer services.

(c) The selection of a prospective A-E contractor is governed by procedures in § 18.402 of this title and OCE publication entitled "Uniform Standards for the Employment and Payment of Architect-Engineer Services." Requests for approval at a level above the Chief of Engineers pursuant to § 18.402-3 of this title shall be made through the Office, Chief of Engineers, to the addressee in § 591.150 (b) (1). Requests shall contain a statement of the selection proposed together with information in support thereof and sufficient facts to show compliance with ASPR and other DoD requirements.

(d) When a Secretarial delegation of authority imposes a dollar limitation upon award approval, the cognizant head of procuring activity subject to the limitation shall submit any proposed award of an A-E contract for title I or title II services, or both, to the addressee in 591.150(b) (6) through the Office, Chief of Engineers, in the following cases

(1) When the contract price for either title I or title II services, or both, exceeds the dollar limitation; or

(2) Prior to increasing an existing A-E contract price from an amount equal to or less than the dollar limitation to an amount more than the limitation: Provided, however, That award approval of a modification at Secretarial level is not required, regardless of amount, if the proposed modification pertains to

(1) A contract previously approved at Secretarial level; or

(1) A contract having a previous modification which has been so approved; and, in either case, contains no material deviation from provisions previously approved.

(e) To provide for uniform application of criteria for A-E contracts within the Department of the Army, any procuring activity (except the Corps of Engineers) granted authority to contract for A-E services shall coordinate plans for entering into such contracts with the

appropriate U.S. Army Engineer Division or District before selection of the prospective contractor and before negotiation of the proposed contract.

(f) Authority to negotiate and award A-E contracts relating to Master Planning is restricted and subject to the specific limitations and exclusions in the annual Secretarial delegation of authority.

(g) Compensation for A-E services is subject to the following

(1) The consideration which may be paid to an architect-engineer under any fixed-price type contract for title I services may not be more than six percent (6%) of the estimate cost of the public work or utilities project (or portion thereof) for which the architect-engineer undertakes to perform such services;

(2) The consideration which may be paid under a cost-reimbursement type contract for title I services is subject to the limitations in § 3.406-4(c) or § 3.4065(c) (2) of this title, whichever is applicable;

(3) When an A-E contract calls for title I and title II services, the consideration to be paid the architect-engineer for title I services shall be stated separately therein;

(4) The A-E contract price shall be negotiated in accordance with the applicable parts and related exhibits of the OCE publication entitled "Uniform Standards for the Employment and Payment of Architect-Engineer Services."

(h) A personal services contract with an individual for A-E services is subject to the requirements in Part 22 of this title and Part 612 of this chapter. Requests for determinations shall be processed in accordance with § 612.206 of this chapter.

[34 F.R. 9491, June 18, 1969, as amended at 35 F.R. 8555, June 3, 1970]

§ 591.450-6 Utilities services.

(a) The Chief of Engineers, acting for the Secretary of the Army, is the Department of the Army Power Procurement Officer and in this capacity is responsible for the administration of the purchase and sale of utilities services, and for policies, engineering, rates, and legal sufficiency in connection with all utilities services transactions and contracts relating thereto in which the Department of the Army has a monetary interest. The Assistant Secretary of the Army (Installations and Logistics) has dele

gated to the Chief of Engineers, with power to redelegate to his deputy, the authority to enter into contracts for public utility services not to exceed 10 years. (See § 591.5102 and ASPR S5-105.2.)

(b) The purchase of utilities services is governed by ASPR Supplement No. 5 and AR 420-41, which define the term "utilities services" and prescribe the required approvals for utilities services contracts and modifications. All procurements without contracts, as well as all contracts and modifications which, under the provisions of the above regulations, are subject to the approval of the Chief of Engineers (as Army Power Procurement Officer), and any requests for interpretation of or deviation from ASPR Supplement No. 5, shall be submitted to the addressee in § 591.150 (b) (7), attention: ENGMC-KU.

(c) Instructions relative to the sale of utilities services are contained in AR 420-41, AR 420-62, and AR 420-80. Contracts for the sale of utilities services shall be consummated by Sales Officers pursuant to AR 735-5.

[34 F.R. 9491, June 18, 1969, as amended at 36 F.R. 20678, Oct. 28, 1971]

§ 591.450-7 Communication services.

See § 612.1006 of this chapter. [36 F.R. 20678, Oct. 28, 1971]

§ 591.450-8 Government-owned

con

tractor-operated (GOCO) plants. Heads of procuring activities are authorized to approve awards of contracts and modifications thereto for the maintenance or operation of, or for manufacture in, GOCO plants. This authority may be redelegated to the extent deemed necessary without authority of further redelegation.

§ 591.450-9 Management studies and operations research studies.

(a) Management studies obtained by contract are explained in Chapter 2, AR 5-5. With respect to such studies, contracting officers shall not solicit bids or proposals nor award contracts or modifications, including amendments, extensions, additions or supplements which are of a substantive nature or which will require additional funding, without evidence of prior approval of the Comptroller of the Army for studies the total cost of which is estimated to be $100,000 or less, or of the Assistant Secretary of the Army (Financial Management) for studies the total cost of which is estimated to exceed $100,000.

(b) Operations research studies obtained by contract are explained in Chapter 4, AR 5-5. With respect to such studies, contracting officers shall not solicit bids or proposals nor award contracts or modifications, including amendments, extensions, additions, or supplements which are of a substantive nature or which will require additional funding, without evidence of prior approval of the Chief of Research and Development, Department of the Army, for studies the total cost of which is estimated to be $100,000 or less, or the Assistant Secretary of the Army (Research and Development) for studies the total cost of which is estimated to exceed $100,000.

(c) Contracting officers shall be alert to requests for mixed contract studies which have not been classified under any one of the above as "Management" or "Operations Research." Contracting officers shall ensure that appropriate approval has been obtained, as determined by the Comptroller of the Army (COA) prior to soliciting bids or proposals or awarding contracts or modifications, including amendments, extensions, additions, or supplements which are of a substantive nature or which will require additional funding.

(d) AR 5-5 is not applicable to the employment of experts or consultants on a per diem basis (see § 591.450-3). [36 F.R. 20678, Oct. 28, 1971]

§ 591.450-10 Leases of Government personal property.

(a) The Assistant Secretary of the Army (Installations and Logistics) has delegated to heads of procuring activities, with power of redelegation to a principal assistant and no further, the authority to lease personal property under the control of the Department of the Army under specified conditions (see § 591.5102).

(b) Proposed leases and modifications thereto of Government personal property shall be submitted for approval to the addressee in § 591.150(b) (6), except when approval authority has been delegated to heads of procuring activities. [34 F.R. 9491, June 18, 1969, as amended at 35 F.R. 8555, June 3, 1970] § 591.450-11

Automatic data process

ing equipment [ADPE].

(a) In connection with the award of contracts for acquisition for use of ADPE, see 3.1100 and 13.301 of this title, and §§ 593.1100 and 603.301 of this chapter,

$391.451

and AR 18 1. Also see delegations of aukhority in $591.5102.

(It'the proposed equipment is to be used for classifed information, consideration shall be given to AR 380-46(C) bheitete routuoets for ADPE procurement are submitted.

14 ## wat. June 18, 1969, as amended at * PAR MOMS1, Deo, 0, 1979]

@391431 Participation of legal counsel in the procurement process.

( t is Department of the Army Mitey that

CD Procurement legal counsel participase fully in the entire procurement wvce from the stage of advance proQurement planting to contract compleBon or termination and closeout; and

(2) the contracting officer's "team" CONCEDAR set forth in $3.801-2(s) of this Kip be used in all procurements, negoseat or advertised, in amounts of $0.00 or theres with the procurement teari vougal being a member of the team and being regrensible for insuring the 7 suffigner of all setions taken by

tions to the proposed action. Fai resolution at purchasing office contracting officer shall refer th to the cognizant head of proc tivity for resolution.

[34 FR. 9491, June 18, 1969, as a 35 F.R. 18048, Nov. 25, 1970; 37 Dec. 6, 1972]

§ 591.452 § 591.452-1

Ordering officers.
Policy.

(a) It is Department of the icy that

(1) The chief of a central p office be responsible for the eff formance of the procuremen assigned the installation/acti cerned,

(2) The procurement functi decentralized by the indiscrim pointment of ordering off § 591.405(d)), and

(3) Ordering officers not be within a purchasing office $ 593.605 of this chapter).

(b) Ordering officers may be pursuant to § 591.450 b) cutsc trazed purchasing cfce or s loestions for the purposes in e) of this section and with toms stated in the ASPRA grazes referenced in pr

c) Purposes for which ordering offiEs may be appointed and references as imitations of their authority are—

1) To make purchases using imprest ds (see § 593.607-4 of this chapter); 12) To make over-the-counter purses using Standard Forms 44 or DD 'ms 1155 (see § 593.608-9 of this pter);

3) To place delivery orders or oral S against Brand Name Contracts lished in Defense Supply Agency SupBulletins in the 10-500 or 10-600 es (see § 594.5102 of this chapter); 4) To place calls against indefinite Every type contracts awarded by coneting officers of the Military Departits for the preparation of personal perty for shipment, government storand performing intracity or intraa movement, provided contract terms permit (see § 612.650 of this chapter); 5) To place Service Orders for House1 Goods Against Commercial Waresing and Related Services for House1 Goods contracts (see § 612.651 of chapter); or

5) To place delivery orders against efinite delivery type contracts Farded by contracting officers of the tary Departments, provided the conet terms so permit and provided all ers placed are within monetary limions set forth therein.

-F.R. 9491, June 18, 1969, as amended at F.R. 20678, Oct. 28, 1971; 37 FR 7084, L8, 1972; 37 FR 25921, Dec. 6, 1972]

1.452-2 Appointment.

a) Ordering officers shall be apited by a letter of appointment subitially in the following format, wordor paragraphs inapplicable to the apitment being omitted—

ject: Appointment of Ordering Officer Alternate Ordering Officer).

(Address to individual by name, inditing rank or grade, section or location, ad activity or installation.)

Appointment. Under Army Procurement edure 1-452, you are appointed an OrderOfficer (Alternate Ordering Officer) for purposes set forth in paragraph 2 herein.

appointment shall become effective er date) and shall remain effective unsooner revoked (until expiration of the ract(s) enumerated in paragraph 2 in, or) until you are reassigned or your loyment is terminated. You are responto and under the technical supervision e chief of the (enter name of installation tivity) purchasing office for your actions a Ordering Officer.

Authority, Limitations, and Requirets. Your appointment is subject to the

use of the method(s) of purchase and to the limitations and requirements stated below:

a. Subject to your insuring that local purchase authority exists for the transaction, you may make purchases using imprest funds for payments therefor and using Standard Forms 1165 (Receipt for Cash-Subvoucher), provided all of the following conditions are satisfied:

(1) The aggregate amount of a purchase transaction is not in excess of $100, or $250 under emergency conditions. You may not split purchases to avoid this monetary limitation:

(2) The supplies or nonpersonal services are available for delivery within 30 calendar days, whether at the supplier's place of business or at destination; and

(3) The purchase does not require detailed technical specifications or technical inspection.

b. Subject to your insuring that funds are available and that local purchase authority exists for the transaction, you may make over-the-counter purchases using Standard Forms 44 (Purchase Order-InvoiceVoucher) or DD Forms 1155 (Order for Supplies or Services) provided all of the following conditions are satisfied:

(1) The aggregate amount of a purchase transaction is not in excess of $250. You may not split purchases to avoid this monetary limitation;

(2) Supplies or nonpersonal services are immediately available; and

(3) One delivery and one payment shall be made.

c. Subject to your insuring that funds are available and that local purchase authority exists for the transaction, you may place delivery orders (DD Forms 1155) without monetary limitation against:

(1) Brand Name contracts published in Defense Supply Agency Brand Name Supply Bulletins in the SB 10-500 series; and

(2) Defense Personnel Support Center requirements contracts for subsistence items. d. Subject to your insuring that funds are available and that local purchase authority exists for the transaction, you may place delivery orders (DD Forms 1155) without monetary limitation against:

(1) Defense Petroleum Supply Center requirements contracts;

(2) The following indefinite delivery type contracts, copies of which are attached (list contracts by number and name of Contractor):

e. Subject to your insuring that funds are available and that local purchase authority exists for the transaction, you may place Service Orders for Household Goods (DD Forms 1164) against Commercial Warehousing and Related Services for Household Goods contracts for military and civilian personnel, subject to the criteria and procedures prescribed in Chapter 10, DOD Regulation 4500.34-R and provided that no Service Order shall be in an amount in excess of $2,500.

and AR 18-1. Also see delegations of authority in § 591.5102.

(b) If the proposed equipment is to be used for classified information, consideration shall be given to AR 380-46(C) before requests for ADPE procurement are submitted.

[34 FR. 9491, June 18, 1969, as amended at 37 FR 25921, Dec. 6, 1972]

§ 591.451

Participation of legal counsel in the procurement process. (a) It is Department of the Army policy that

(1) Procurement legal counsel participate fully in the entire procurement process from the stage of advance procurement planning to contract completion or termination and closeout; and

(2) The contracting officer's "team" concept set forth in § 3.801-2(a) of this title be used in all procurements, negotiated or advertised, in amounts of $10,000 or more, with the procurement legal counsel being a member of the team and being responsible for insuring the legal sufficiency of all actions taken by the team.

(b) Procurement legal counsel shall participate in the following stages of procurement in addition to those areas in which existing regulations require their participation

(1) Review advance procurement (AP) plans;

(2) Serve as a member of Boards of Awards (see § 591.403-52); and

(3) Review and concur in all written determinations and findings relating to contracts and modifications in amounts of $10,000 or more.

(c) Any contract is essentially a legal document and, as such, every action leading to the award of a contract, contract performance, and completion or termination of a contract inherently involves legal considerations. While the contracting officer is the exclusive agent of the Government for entering into and administering contracts and is responsible for coordinating his team of advisors, he is not completely free to evaluate the legal advice of his legal counsel and act in a manner inconsistent therewith. The contracting officer can not properly make an award of a contract which fails to meet all legal requirements. If a proposed course of action is determined by procurement legal counsel to be legally insufficient, the contracting officer shall take steps to overcome the legal objec

(a) It is Department of the Army policy that

(1) The chief of a central purchasing office be responsible for the efficient performance of the procurement mission assigned the installation/activity concerned,

(2) The procurement function not be decentralized by the indiscriminate appointment of ordering officers (see § 591.405 (d)), and

(3) Ordering officers not be appointed within a purchasing office (but see § 593.605 of this chapter).

(b) Ordering officers may be appointed pursuant to § 591.450 (b) outside of a centralized purchasing office or at isolated locations for the purposes in paragraph (c) of this section and within the limitations stated in the ASPR or APP paragraphs referenced in paragraph (c) of this section only when

(1) The appointing authority (see § 591.450 (b)) determines in writing that the appointment of an ordering officer is essential for the efficient operation of the procurement mission and is not made for the purpose of decentralizing the procurement function; (the determination of essentiality shall identify those specific factors that interfere with effective execution of the procurement function by purchasing office personnel).

(2) The individual selected for appointment satisfies the considerations in § 1.405-1(a) of this title;

(3) The functions of an ordering officer are an added duty of the individual selected for appointment, not the primary or major portion of his duties; and the individual has the time available to perform the ordering officer functions without assistance from others and without redelegating his authority to others; and

(4) The appointing authority maintains a file containing justification for the appointment of each ordering officer and qualifications of each individual so appointed.