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FARS

Section 5101.602-2-90: Appointment of ordering officers.

(a) Policy. The authority appointing the ordering officer shall state in the appointment letter that the ordering officer’s authority may not be re-delegated. See 5153.9002 for a sample appointment letter.

(b) Appointment and termination authority. Ordering officers may be appointed pursuant to 5101.603-1-90(b) for the purposes in (1) through (6) provided the authority appointing the ordering officer determines that the appointment is essential for the operation of the contracting mission. The purposes for which ordering officers may be appointed and references to limitations of their authority are -

    (1) To make purchases using imprest funds (FAR 13.305);

    (2) To make purchases using Standard Form 44 (FAR 13.306, DFARS 213.306);

    (3) To place orders against indefinite delivery contracts awarded by contracting officers of the Military Departments for the preparation for shipment, Government storage, and intra-city or intra-area movement of personal property, provided contract terms permit (see FAR Subpart 47.2);

    (4) To place Service Orders for Personal Property (DD Form 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 2, DoD 4500.34-R, provided that no service order shall be in excess of $10,000; and

    (5) To place delivery orders against indefinite delivery contracts, in addition to those in (4), which are awarded by contracting officers of the Military Departments, provided the contract terms permit and provided all orders placed are within monetary limitations specified in the contract.

(c) Responsibilities of appointing authority.

    (1) Training and orientation. The appointing authority or designee shall orient and instruct ordering officers either personally or in writing about -

      (i) The proper use of the procedure(s) the ordering officer will be authorized to use;

      (ii) The standards of conduct for Army personnel prescribed in the Joint Ethics Regulation (JER) (DoD 5500.7-R) and the procurement integrity provisions at FAR 3.104; and

      (iii) The preparation and submission of information for contract action reporting purposes.

    (2) Surveillance. The appointing authority shall provide technical supervision of ordering officers. At least once each year, the appointing authority shall physically review activities of ordering officers by examination of purchase documents and records. Any individual designated to perform this review must be well qualified in the contracting procedures used by ordering officers.

      (i) Inspection or review findings shall be written and shall include specific comments as to whether the ordering officer is -

      (A) Operating within the scope and limitations of authority delegated and FAR Subpart 3.1;

      (B) Maintaining the standards of conduct prescribed in DoD 5500.7-R;

      (C) Engaging in improper practices, including, but not limited to splitting purchase transactions to avoid monetary limitations or delegating authority to others; and

      (D) Submitting correct and timely information for reporting purposes.

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

      (iii) If an appointing authority finds that an ordering officer is not properly performing assigned duties or is failing to take prompt action to correct deficiencies noted in inspections or reviews, the appointing authority shall terminate the ordering officer’s appointment.

    (3) Termination.

      (i) The appointment of an ordering officer shall remain in effect until the ordering officer is reassigned or until the ordering officer’s employment is terminated, unless sooner revoked by the appointing authority or successor. No revocation shall be made to take effect retroactively.

      (ii) Terminations of appointments shall be made in writing except for terminations which result when contracts expire.

(d) Procedures.

    (1) Appointing authorities shall -

      (i) Appoint ordering officers by a letter of appointment substantially in the format at 5153.9002, but tailored to fit the circumstances of the appointment;

      (ii) Maintain the file of appointments and justification for the appointments;

      (iii) Require individuals appointed as ordering officers to acknowledge receipt of their letters of appointment and termination in writing;

      (iv) Distribute letters of appointment to ordering officers, imprest fund cashiers, disbursing officers and other interested personnel as necessary;

      (v) Notify contractors, imprest fund cashiers, disbursing officers and other interested personnel of the names of ordering officers appointed to place delivery orders against their contracts unless the ordering officers are named in the contracts. Notifications may be accomplished by furnishing them with copies of the letters appointing ordering officers; and

      (vi) Notify contractors, imprest fund cashiers, disbursing officers and other interested personnel of termination of appointment of ordering officers in writing. Notifications may be accomplished by furnishing them with copies of the termination of appointment letter. [AFARS Revision #007, dated August 29, 2003]




 
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