[Code of Federal Regulations]

[Title 48, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR42.202]



[Page 784-785]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                CHAPTER 1--FEDERAL ACQUISITION REGULATION

 

PART 42_CONTRACT ADMINISTRATION AND AUDIT SERVICES--Table of Contents

 

              Subpart 42.2_Contract Administration Services

 

Sec. 42.202  Assignment of contract administration.



    (a) Delegating functions. As provided in agency procedures, 

contracting officers may delegate contract administration or specialized 

support services, either through interagency agreements or by direct 

request to the cognizant CAO listed in the Federal Directory of Contract 

Administration Services



[[Page 785]]



Components. The delegation should include--

    (1) The name and address of the CAO designated to perform the 

administration (this information also shall be entered in the contract);

    (2) Any special instructions, including any functions withheld or 

any specific authorization to perform functions listed in 42.302(b);

    (3) A copy of the contract to be administered; and

    (4) Copies of all contracting agency regulations or directives that 

are--

    (i) Incorporated into the contract by reference; or

    (ii) Otherwise necessary to administer the contract, unless copies 

have been provided previously.

    (b) Special instructions. As necessary, the contracting officer also 

shall advise the contractor (and other activities as appropriate) of any 

functions withheld from or additional functions delegated to the CAO.

    (c) Delegating additional functions. For individual contracts or 

groups of contracts, the contracting office may delegate to the CAO 

functions not listed in 42.302: Provided that--

    (1) Prior coordination with the CAO ensures the availability of 

required resources;

    (2) In the case of authority to issue orders under provisioning 

procedures in existing contracts and under basic ordering agreements for 

items and services identified in the schedule, the head of the 

contracting activity or designee approves the delegation; and

    (3) The delegation does not require the CAO to undertake new or 

follow-on acquisitions.

    (d) Rescinding functions. The contracting officer at the requesting 

agency may rescind or recall a delegation to administer a contract or 

perform a contract administration function, except for functions 

pertaining to cost accounting standards and negotiation of forward 

pricing rates and indirect cost rates (also see 42.003). The requesting 

agency must coordinate with the CAO to establish a reasonable transition 

period prior to rescinding or recalling the delegation.

    (e) Secondary delegations of contract administration. (1) A CAO that 

has been delegated administration of a contract under paragraph (a) or 

(c) of this section, or a contracting office retaining contract 

administration, may request supporting contract administration from the 

CAO cognizant of the contractor location where performance of specific 

contract administration functions is required. The request shall--

    (i) Be in writing;

    (ii) Clearly state the specific functions to be performed; and

    (iii) Be accompanied by a copy of pertinent contractual and other 

necessary documents.

    (2) The prime contractor is responsible for managing its 

subcontracts. The CAO's review of subcontracts is normally limited to 

evaluating the prime contractor's management of the subcontracts (see 

Part 44). Therefore, supporting contract administration shall not be 

used for subcontracts unless--

    (i) The Government otherwise would incur undue cost;

    (ii) Successful completion of the prime contract is threatened; or

    (iii) It is authorized under paragraph (f) of this section or 

elsewhere in this regulation.

    (f) Special surveillance. For major system acquisitions (see Part 

34), the contracting officer may designate certain high risk or critical 

subsystems or components for special surveillance in addition to 

requesting supporting contract administration. This surveillance shall 

be conducted in a manner consistent with the policy of requesting that 

the cognizant CAO perform contract administration functions at a 

contractor's facility (see 42.002).

    (g) Refusing delegation of contract administration. An agency may 

decline a request for contract administration services on a case-by-case 

basis if resources of the agency are inadequate to accomplish the tasks. 

Declinations shall be in writing.