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  • Question

    Can a contracting Officer transfer their authority to another agency?


    Answer

    FAR 1.6 provides information concerning the appointment of individuals as contracting officers. A contracting officer's Certificate of Appointment states any limitation on the scope of authority and the certificate is issued agency specifc. As such, an individual cannot have two seperate contracting officer warrants by two seperate agencies. In addition, a contracting officer cannot transfer their authority to another agency or to another individual. A contracting officer can delegate contract administration responsibilities to another contract administrative organization (FAR 42.202).

    An agency can issue a contract and transfer the contract to another agency, assuming the second agency has the authority to manage then contract. For example, if the Army Corps of Engineers issue a landscaping contract (Army Corps of Engineers develops statement of work/statement of objectives/performance work statement, issues RFP, conducts evaluations and negotiations and makes an award) to a contractor. The Army Corps of Enginners then decides to transfer the contract to the post operations contracting shop (post is where the landscaping services are being performed). This is fine because post operations contracting shop has the authority to issue and manage landscaping services contracts. The post operations contracting shop would then manage the contract and issue modications. There would be a piece of paper transferring the contract from the Army Corps of Engineers to the post operations contracting shop and obviously the contractor needs to be informed of the change,

    Same scenario as above, except the Army Corps of Enginners issues a contract for the construction of a building (MILCON funding). Can the Army Corps of Engineers transfer the contract to the post operations contract shop? The answer is no. The post operations contracting shop does not have the authority to manage the construction of a building utilizing MILCON funding.



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