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14 FAH-3 H-350 ADDITIONAL WARRANT REQUIREMENTS FOR BOTH DOMESTIC AND OVERSEAS PERSONNEL

Start Date: Wednesday, September 25, 2019

Last Modified: Saturday, May 2, 2020

End Date: Friday, December 31, 9999

UNCLASSIFIED (U)

14 FAH-3 H-350

ADDITIONAL WARRANT REQUIREMENTs for both domestic and overseas personnel

(CT:AQM-17; 04-19-2019)
(Office of Origin: A/OPE)

14 FAH-3 H-351 REQUESTING WARRANTS

(CT:AQM-15; 01-30-2018)

Department personnel must request new or revised contracting officer warrants through the Contract Warrant Application System. All information requested by the system must be updated before A/OPE may issue a new or revised warrant. The Contract Warrant Application System and a Users Guide may be accessed from A/OPEs Intranet home page.

14 FAH-3 H-352 EXPIRATION OR REVOCATION OF WARRANTS

14 FAH-3 H-352.1 Departure from Duty

(CT:AQM-15; 01-30-2018)

Heads of the contracting activities (HCAs) and posts abroad must notify the Procurement Executive, in writing, when a contracting officer resigns; transfers to another office or agency; retires; is no longer serving as a contracting officer; or is terminated. Contracting officer warrants are valid only for the location(s) specified on Form SF-1402, Certificate of Appointment, so departure of an employee from a post will automatically render the warrant invalid.

14 FAH-3 H-352.2 Job Performance

(CT:AQM-15; 01-30-2018)

The Procurement Executive (A/OPE) may terminate a contracting officer appointment at any time if the contracting officer has failed to comply with applicable laws, regulations, or policy in the performance of his or her duties. Heads of the contracting activities (HCAs), including posts abroad, must provide written notification to the Procurement Executive whenever a contracting officer is disciplined for malfeasance or incompetence.

14 FAH-3 H-353 OBO PROJECT DIRECTORS

(CT:AQM-17; 04-19-2019)

a. Bureau of Overseas Buildings Operations (OBO) project directors for construction projects abroad may be granted limited contracting officer authority by the Office of the Procurement Executive (A/OPE). The Office of Acquisition Management (A/OPE/AQM) or regional procurement support office (RPSO) must submit requests for such appointments, including a justification for the request and a profile of the individual being recommended, to A/OPE. As a minimum, such individuals must have completed the following:

(1) A 40-hour course of training for contracting officers representatives (CORs);

(2) Training of 40 hours in construction claims management, construction-cost analysis, contracting for program managers, administration of architect-engineering contracts, or similar commercial offerings; and

(3) Refresher training of 24 hours in any of the foregoing areas in each 3-year period.

b. This authority is subject to the following limitations:

(1) The warrant is contract-specific and applicable only to the contract identified in the warrant;

(2) Only direct-hire U.S. Foreign Service personnel may be granted contracting officer authority;

(3) The warrant will provide authority to issue change orders and contract modifications not exceeding $25,000 per contract modification and $250,000 for any 12-month period. Lesser amounts may be delegated based on the project size and need;

(4) The appointed individual must comply with all applicable laws and regulations, including the requirement to report contract modifications to the contracting officer who signed the contract for incorporation into the State/Federal procurement database system;

(5) The warrant is valid only as long as the individual is assigned as project director to the contract identified;

(6) The warrant is valid only at the project site, not in the United States;

(7) The warrant does not include authority to issue decisions under the Disputes clause;

(8) The warrant does not include authority to extend the contracts period of performance or terminate the contract, unless otherwise indicated; and

(9) The authority granted cannot be re-delegated.

14 FAH-3 H-354 NONFEDERAL EMPLOYEES

(CT:AQM-15; 01-30-2018)

Only U.S. Government direct-hire employees shall be appointed as contracting officers. Personal services contractors and nonpersonal services contractors are not eligible for appointment as Department of State contracting officers. Foreign Service nationals and third-country nationals can be granted limited warrant authority per 14 FAH-3 H-342.1, Locally Employed Staff Name Warrants.

14 FAH-3 H-355 SIGNATURE OF CONTRACTING OFFICER

(CT:AQM-15; 01-30-2018)

No employee may sign a contractual document for, or on behalf of, a contracting officer (including one contracting officer for another). Only the contracting officer whose name is listed on the contractual document may sign such documents.

14 FAH-3 H-356 THROUGH H-359 UNASSIGNED

UNCLASSIFIED (U)

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