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42.202 Assignment of contract administration.

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 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 ACO 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.