(c) Purposes for which ordering officers may be appointed and references as to limitations of their authority are—

(1) To make purchases using imprest funds (see § 593.607-4 of this chapter);

(2) To make over-the-counter purchases using Standard Forms 44 or DD Forms 1155 (see § 593.608-9 of this chapter);

(3) To place delivery orders or oral calls against Brand Name Contracts published in Defense Supply Agency Supply Bulletins in the 10-500 or 10-600 series (see § 594.5102 of this chapter);

(4) To place calls against indefinite delivery type contracts awarded by contracting officers of the Military Departments for the preparation of personal property for shipment, government storage, and performing intracity or intraarea movement, provided contract terms so permit (see § 612.650 of this chapter);

(5) To place Service Orders for Household Goods Against Commercial Warehousing and Related Services for Household Goods contracts (see 612.651 of this chapter); or

(6) To place delivery orders against indefinite delivery type contracts awarded by contracting officers of the Military Departments, provided the contract terms so permit and provided all orders placed are within monetary limitations set forth therein.

[34 F.R. 9491, June 18, 1969, as amended at 36 F.R. 20678, Oct. 28, 1971; 37 FR 7084, Apr. 8, 1972; 37 FR 25921, Dec. 6, 1972] § 591.452-2 Appointment.

(a) Ordering officers shall be appointed by a letter of appointment substantially in the following format, wording or paragraphs inapplicable to the appointment being omitted

Subject: Appointment of Ordering Officer (Alternate Ordering Officer).

To: (Address to individual by name, indicating rank or grade, section or location, and activity or installation.)

1. Appointment. Under Army Procurement Procedure 1-452, you are appointed an Ordering Officer (Alternate Ordering Officer) for the purposes set forth in paragraph 2 herein. Your appointment shall become effective (enter date) and shall remain effective unless sooner revoked (until expiration of the contract(s) enumerated in paragraph 2 herein, or) until you are reassigned or your employment is terminated. You are responsible to and under the technical supervision of the chief of the (enter name of installation or activity) purchasing office for your actions as an Ordering Officer.

2. Authority, Limitations, and Requirements. 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 piace 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.

f. You are responsible for (1) distributing administrating delivery orders that you place, (11) establishing controls necessary to insure that all contract terms and conditions are met and that supplies or nonpersonal services ordered conform to contract requirements before acceptance is made or payment authorized, and (iil) reporting deficiencies in contractor performance promptly to the contracting officer who awarded the contract against which the delivery order was placed. You may not make any changes in the terms or conditions of any contracts against which you place delivery orders.

3. Standards of Conduct and Procurement Reporting Requirements.

a. You shall comply with the standards of conduct prescribed in AR 600-50, Standards of Conduct for Department of the Army Personnel, and shall review the regulation at least semiannually.

b. You shall furnish the Contracting Officer to whom you are responsible such information as he may require for procurement reporting purposes in the manner and at the time specified by him.

4. Termination of Appointment.

a. Your appointment may be revoked at any time by the undersigned authority or his successor and shall be terminated in writing, except that no written termination of your appointment shall be made upon expiration of contracts enumerated in paragraph 2 herein unless such contracts are terminated prior to the expiration dates established therein.

b. Should you be reassigned from your present position or should your employment be terminated while this appointment is in effect, you shall promptly notify the appointing authority in writing so that your appointment may be terminated.

(Typed Name and Title of Appointing Authority)

(b) Individuals appointed as ordering officers shall be required to acknowledge receipt, in writing, of their letters of appointment.

(c) Appointing authorities shall make distribution of letters of appointment to ordering officers, imprest fund cashiers, disbursing officers, and such other interested personnel as may be necessary.

(d) Individuals to whom ordering officers are responsible shall notify contractors of the names of ordering officers appointed to place delivery orders against their contracts, except that such notification is not required when ordering officers are named in contracts. Notifications to contractors may be accomplished by furnishing contractors with copies of ordering officers' letters of appointment.

[34 FR 9491, June 18, 1969, as amended at 36 FR 20678, Oct. 28, 1971; 37 FR 25921, Dec. 6, 1972]

(a) Ordering officers shall be under the technical supervision of the contracting officer who appointed them or the individual designated by the appointing authority in those cases where appointment is made by persons designated in § 591.405.

(b) At least twice each year activities of ordering officers shall be physically inspected or reviewed through examination of his purchase documents and records by the appointing authority or his designee, an individual well qualified in procurement procedures used by ordering officers.

(c) Inspection or review findings shall be written and shall include specific comments as to whether or not the ordering officer is

(1) Operating within the scope and limitations of his authority;

(2) Maintaining the standards of conduct prescribed in AR 600-50;

(3) Splitting purchase transactions to avoid monetary limitations;

(4) Delegating his authority to others; and

(5) Submitting correct and timely information for procurement reporting purposes.

(d) Copies of inspection and review findings shall be retained for 1 year in the files of ordering officers and of inspectors or reviewers.

(e) Should an appointing authority find that an ordering officer is not properly performing his duties or fails to take prompt action to correct deficiencies noted in inspections or reviews, the appointing authority shall terminate the appointment of the ordering officer.

[34 F.R. 9491, June 18, 1969, as amended at 37 FR 7085, April 8, 1972]

§ 591.452-5 Termination of appoint

ment.

(a) The appointment of an ordering officer shall remain in effect until the ordering officer is reassigned or his employment is terminated, but it may be revoked at anytime by the appointing authority or his successor. No revocation, however, shall be made to take effect retroactively.

(b) Terminations of appointments, except when contracts against which ordering officers are appointed to place delivery orders expire upon the dates established therein, shall be in writing substantially in the following formatSUBJECT: Termination of Appointment as Ordering Ofcer (Alternate Ordering Officer).

To: (Address same as letter of appointment.) Your appointment as Ordering Officer (Alternate Ordering Officer) made by letter of appointment issued (enter date) is terminated effective (enter date) without prejudice to any actions taken pursuant thereto.

(c) Individuals to whom ordering officers are responsible shall notify contractors, imprest fund cashiers, disbursing officers, and other interested personnel, of terminations of appointments of ordering officers. Such notifications shall be in writing and may be accomplished by furnishing copies of the termination of appointment letter.

§ 591.453

Other individuals authorized to make purchases.

(a) Individuals performing any of the following procurement actions shall be exempt from the requirements of §§ 591.452-1(b) and 591.452-2 through 591.4525

(1) Individuals authorized by a contracting officer to place calls against blanket purchase agreements (see § 3.605 of this title and § 593.605 of this chapter);

(2) Department of the Army aviators and masters of Army-owned or operated vessels authorized by AR 715-232 to make emergency purchases under conditions prescribed therein (see §§ 593.608-9 and 593.609 of this chapter);

(3) Individuals to whom U.S. Government National Credit Cards are issued for use while on official travel (see § 593.609 and 595.101 of this chapter); and

(4) Individuals authorized by AR 72550 to order supplies from General Services Administration Stores Depots using

MIL-STRIP procedures (see § 595.201 of this chapter).

(b) Individuals in paragraph (a) (1) through (3) of this section shall prepare and submit information for procurement reporting purposes to the contracting officer in the manner specified by him. [34 F.R. 9491, June 18, 1969, as amended at 36 F.R. 8944, May 15, 1971. Redesignated, 36 F.R. 20678, Oct. 28, 1971]

Subpart E-[Reserved]

Subpart F-Debarment, Ineligibility, and Suspension

§ 591.601 Establishment and maintenance of records and lists of firms or individuals debarred, ineligible, or suspended.

[31 F.R. 9958, July 22, 1966]

§ 591.601-1 General.

The record of firms or individuals debarred or suspended by the Department of the Army is maintained by the Assistant Judge Advocate General for Civil Law as the authorized representative of the Secretary and the Assistant Secretary of the Army (Installations and Logistics).

[34 F.R. 9498, June 18, 1969]

§ 591.601-3 Joint Consolidated List. (a) The Joint Consolidated List shall include the following:

(1) Persons or firms found by the Secretary of Labor to have breached or violated contractual representations and stipulations required by the WalshHealey Act, issued by the Comptroller General; and

(2) Persons and firms which have been held ineligible to be awarded contracts subject to the Walsh-Healey Act, published by the Department of Labor.

(b) This information is published for the use and guidance of all interested agencies of the Department of the Army. Contracting officers shall comply with the prohibitions contained in the list published by the Comptroller General relating to firms and individuals disqualified for the reason stated in paragraph (a)(1) of this section, and the restrictions contained in the Department of Labor Circular Letters relating to firms and individuals disqualified for the reason stated in paragraph (a) (2) of this section, prior to incorporation of such information in the Joint Consolidated List. [31 F.R. 9958, July 22, 1966]

591.601-6 Inquiries from debarred, ineligible, or suspended individuals and firms.

If a debarred or suspended contractor or his representative makes inquiry as to the reason or cause of any of the prohibitions indicated in § 1.605-3 of this title or for any other reason, the contractor shall be informed only that consideration is being given his contractual relationship by the Assistant Secretary of the Army (Installations and Logistics) (Assistant Judge Advocate General), and that all inquiries regarding such matters should be addressed in writing direct to the addressee listed in 591.150(b) (2). All inquiries from other parties shall be forwarded to the addressee.

[31 F.R. 9958, July 22, 1966]

§ 591.604

Administrative debarment of firms or individuals (Type A).

[31 F.R. 9958, July 22, 1966]

§ 591.604-50 Restrictions during period of debarment.

(a) A bid or proposal received from a debarred firm shall be received and recorded. If such a bid or proposal is low (or in the case of surplus or salvage sales, the bid or proposal is high), it shall be rejected, and the reason therefore documented in the contract file.

(b) If the contracting officer believes that an award to a debarred firm would be in the best interest of the Government, he shall furnish complete information of the contemplated procurement, with the reasons requiring such award, to the cognizant Head of Procuring Activity who in turn shall forward the information with his recommendation to the address in § 591.150(b) (2) for determination.

[31 F.R. 9958, July 22, 1966]

§ 591.605 Suspension of firms or individuals.

[31 F.R. 9958, July 22, 1966]

§ 591.605-50 Restrictions during period of suspension.

(a) New awards. (1) A bid or proposal received from a suspended firm shall be received and recorded. If the bid or proposal is low (or in the case of surplus or salvage sales, the bid or proposal is high), it shall be rejected, and the reason therefore documented in the contract file.

(2) If the contracting officer believes that an award to a suspended firm would be in the best interest of the Government, he shall furnish complete information of the contemplated procurement, with the reasons requiring such award, to the cognizant Head of Procuring Activity who in turn shall forward the information with his recommendations to the addressee in § 591.150 (b) (2) for determination.

(b) Current contracts. Administration of current contracts with suspended contractors may be continued at the discretion of the Head of Procuring Activity unless otherwise directed by the Assistant Secretary of the Army (Installations and Logistics) (Assistant Judge Advocate General). Suspension is a temporary measure pending possible criminal and civil prosecution. Exercise of certain contract rights may have an important effect on the outcome of such prosecution; however, certain rights or duties (e.g., recovery for latent defects, actions under warranty clauses, recovery or other disposition of Government property in the contractor's possession, rejection of nonconforming supplies) must be timely taken. In case of doubt of the advisa.. bility or propriety of any such action, the matter shall be expeditiously referred, by the Head of Procuring Activity, with accompanying recommendations of the contracting officer and the Head of Procuring Activity to the addressee in § 591.150 (b) (2).

(c) Terminations. Negotiation toward settlement of terminated contracts and subcontracts shall cease with the suspension of the contractor. All authorizations granted to such contractor under Part 8 of this title and Part 598 of this chapter shall be revoked immediately. If the contracting officer believes that settlement of a terminated contract or subcontract would be in the best interest of the Government, he shall recommend such action to the cognizant Head of Procuring Activity who in turn shall forward the matter with his recommendation to the addressee in § 591.150 (b) (2).

(d) Payments. No payments of any type shall be made to any suspended contractor. Contracting officers holding or in receipt of invoices covering amounts due to the suspended firm shall prepare, process, and certify the necessary accompanying vouchers and forward them to the disbursing officer. Contracting

officers shall insure that, insofar as possible, vouchers are submitted and processed in accordance with these instructions for all completed work. Disbursing officers shall promptly forward all properly certified approved vouchers in favor of suspended contractors to the Finance and Accounts Office, U.S. Army, Attention: Chief, Accounts Receivable Section, Accounting Branch, Washington, D.C. 20315. Where the contracting officer believes that a complete or partial release of withheld funds to the suspended firm is required, he shall recommend such action by a full statement of particulars through the cognizant Head of Procuring Activity to the addressee in § 591.150(b) (2).

[31 F.R. 9958, July 22, 1966]
§ 591.608 Reporting.
[31 F.R. 9958, July 22, 1966]

§ 591.608-3 Addresses and copies of reports.

(a) When all of the information required by § 1.608-2 of this title is not immediately available, the report shall be prepared and forwarded with the information at hand. Failure to include in the initial report any of the items in § 1.608-2 of this title shall be explained. The additional information, any changes to information furnished, and information on all developments in the matter shall be promptly forwarded as it becomes available.

(b) Three complete copies of each report shall be forwarded to the addressee in § 591.150(b)(2) through procurement channels (see § 591.150 (d)). Forwarding correspondence shall contain the recommendations of each successive echelon and shall be signed by one of the officials designated in § 591.150(c).

(c) The reports required by § 1.608 of this title are exempt from reports control under paragraph 7–2n, AR 335-15. [36 F.R. 8944, May 15, 1971]

§ 591.608-50 Provisional withholding of funds.

When the report prepared pursuant to 81.608 of this title includes a recommendation that the contractor be suspended, all funds becoming due to the contractor shall be withheld pending contrary advice by the Head of Procuring Activity or the Assistant Secretary of the Army (Installations and Logistics) (Assistant Judge Advocate General). All

vouchers shall be administratively processed in accordance with § 591.605-50(d). [31 F.R. 9959, July 22, 1966]

§ 591.650 Fraud or criminal conduct.

(a) Prompt reporting of allegations of fraud or criminal conduct in connection with procurement activities, and of all other irregularities which could lead to debarment or suspension of a contractor or to judicial or administrative action against military personnel or civilian employees of the Department of the Army is of extreme importance to the proper supervision of procurement activities. When the report pertains to military personnel or civilian employees, the content of the report set forth in § 1.608-2 of this title shall be amended as appropriate. Notification to the Federal Bureau of Investigation pursuant to AR 27-10, submission of a "Blue Bell" report pursuant to AR 1-55, or submission of a litigation report pursuant to AR 27-40 does not eliminate the reporting requirement in § 1.608 of this title.

(b) Within the Department of the Army the requirement for reporting under 1.608-1 (a), (b), (d), (e), and (f) of this title is based upon the existence of reason to suspect that one or more of the enumerated offenses or acts has been committed. This is a lesser standard than, and not necessarily related to, the standard used by the Secretary or his authorized representative under § 1.605-1 of this title in determining whether to suspend. For example, if there is sufficient information to warrant an inquiry of such matters by a contracting officer, auditor, inspector, Military Police criminal investigator, or if the matter has been referred to the Federal Bureau of Investigation, there exists sufficient suspicion to make an initial report.

(c) When a contractor has been added to the consolidated list in § 1.601 of this title, or allegations of fraud or criminal conduct in connection with procurement activities are reported, the reporting agency shall make a determination as to whether a review also shall be made of contractual relationships with the contractor and its affiliates. The review, if made, shall cover a period of 2 years, or longer if considered necessary to determine whether there is procurement fraud or other criminal conduct and whether the Government may have any basis for recovery of damages, or payments from the contractor in connec