94-1417. Warranted Contracting Officer Program

[Federal Register Volume 59, Number 14 (Friday, January 21, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1417]


[[Page Unknown]]

[Federal Register: January 21, 1994]


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RESOLUTION TRUST CORPORATION

 

Warranted Contracting Officer Program

agency: Resolution Trust Corporation.

action: Notice of availability.

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summary; The public is hereby notified that the Resolution Trust 
Corporation (RTC) maintains a program under which only RTC employees 
designated by the RTC as ``warranted contracting officers,'' or 
managing agents of savings associations under the conservatorship of 
the RTC, may execute contracts on behalf of the RTC. A Statement of 
Qualifications to be, and Authority of, an RTC Warranted Contracting 
Officer (Statement), is available for distribution to the public.

addresses: The Statement may be obtained from the RTC Public Reading 
Room, 801 17th Street, NW., Washington, DC, phone number (202) 416-
6940, fax [phone] (these are not toll-free numbers), and from 
the RTC Public Service Centers: Atlanta PSC, Marquis One Tower, suite 
1100, 245 Peachtree Center Avenue, NE., Atlanta, GA, phone number (404) 
225-5069 or [phone], fax [phone]; Dallas PSC, Reverchon 
Plaza, suite 130, 500 Maple Avenue, Dallas, TX 75219, phone number 
[phone] or [phone], fax [phone]; Denver PSC, 1111 
15th Street, suite 101, Denver, CO 80202, phone number [phone] 
or [phone], fax [phone]; Kansas City PSC, 4900 Main 
Street, suite 200, Kansas City, KS 64112, phone number [phone] 
or [phone], fax [phone]; Newport Beach PSC, 4000 
MacArthur Blvd., suite 4100, West Tower, Newport Beach, CA 92660, phone 
number [phone] or [phone], fax [phone]; and Valley 
Forge PSC, 1000 Adams Avenue, Norristown, PA 19403, phone number (215) 
650-8500 or [phone], fax [phone].

effective date: The statutory requirements described in this notice 
become effective on February 1, 1994.

for further information contact: Carl Gold, Counsel, RTC Division of 
Legal Services, [phone]. This is not a toll-free number.

supplementary information: The Resolution Trust Corporation Completion 
Act (RTCCA), Public Law No. 93-204, was enacted on December 17, 1993. 
Section 30 of the RTCCA added a new subsection (y) to section 21A of 
the Federal Home Loan Bank Act, 12 U.S.C. 1441a. Section 30 of the 
RTTCA provides that a person may execute or modify a contract for goods 
or services on behalf of the RTC only if the person is a warranted 
contracting officer appointed by the RTC or a managing agent of a 
savings association under the conservatorship of the RTC. Section 30 
further provides that each such person must provide appropriate 
certification to parties contracting with the RTC, and that each 
contract must contain certain notices to the other contracting party 
regarding the requirements for appointment as a warranted contracting 
officer and the nature and extent of the warranted contracting 
officer's or managing agent's authority. Finally, section 30 provides 
that any contract that fails to meet these requirements shall be null 
and void and shall not be enforced against the RTC or its agents by any 
court.
    The requirements to be a warranted contracting officer, and the 
nature and extent of the contracting authority exercised by any 
warranted contracting officer or managing agent, are set forth in the 
publicly available Statement. These may be adjusted from time to time, 
as published in the RTC's Contract Policies and Procedures Manual, the 
relevant portions of which will be contained in the Statement, which 
shall also be amended as the parameters are amended.
    There are three levels of warranted contracting officer, with Level 
III being the highest. In brief summary, the requirements to be 
appointed as, and to remain, a warranted contracting officer are a 
combination of experience, training, and general and specific 
education. The higher the level, the more stringent the requirements, 
and concomitantly, the greater authority exercised.
    The amounts of authority granted to each level of warranted 
contracting officer are as follows:
    Level I: On a per contracting action basis, to:
    a. Execute contracts with total estimated fees up to $10,000;
    b. Execute task orders with total fees up to $25,000 under 
preestablished task order agreements;
    c. Execute delivery orders under GSA Federal Supply Schedules or 
other government agency's contracts;
    d. Execute contract administrative changes within the scope of a 
contract which do not affect delivery, cost, or schedule; and
    e. Approve invoices up to $75,000 or the contract value, whichever 
is less.
    Level II: On a per contracting action basis, to:
    a. Execute contracts with total estimated fees (including options) 
up to $500,000;
    b. Execute individual task orders with total estimated fees up to 
$500,000 under pre-established task order agreements;
    c. Execute administrative changes to contracts, task order 
agreements, task orders, and contract modifications including changes 
in delivery, cost, and schedule, where the fees for the change or 
modification result in the modified contract not exceeding $500,000;
    d. Execute contract terminations with total fees up to $500,000;
    e. Execute contract claim settlements with total fees up to 
$10,000; and
    f. Approve invoices up to the limit of their execution authority, 
or the contract value, whichever is less.
    Level III: Senior RTC officials have Level III warrants, with 
differing authority. These are:
    The Director, Office for Contract Policy and Major Dispute 
Resolutions, and the Director, Office of Contract Operations in 
Washington, DC, both have unlimited authority on a per contracting 
action basis to:
    a. Execute contracts including task order agreements;
    b. Execute task orders;
    c. Execute administrative changes to contracts, task order 
agreements, task orders, and contract modifications thereof;
    d. Execute contract terminations;
    e. Execute contract claim settlements; and
    f. Approve invoices.
    Level III Contracting Officers in the Office of Contract Operations 
in Washington, DC and Field Offices, have authority to:
    a. Execute contracts and task order agreements with total estimated 
fees (including options) up to $10 million per year for SAMDA asset 
management, loan servicing, and indemnification of loan servicing; 
execute all other contracts and task order agreements with total 
estimated fees (including option) up to $5 million;
    b. Execute administrative changes to contracts, task order 
agreements, and task orders and contract modifications that change the 
delivery, cost or schedule, where the fees for the change or 
modifications result in the modified contract not exceeding $5 million 
($10 million for SAMDA, asset management, loan servicing, and 
indemnification of loan servicing);
    c. Execute contract terminations with fees defined in (a);
    d. Execute contract claim settlements with fees up to $1 million; 
and
    e. Approve invoices up to the limit of their execution authority or 
the contract value, whichever is less.
    Managing Agents: Managing Agents have authority to execute 
contracts with estimated fees up to $100,000.
    Warranted contracting officers and managing agents are given a 
certificate of appointment, showing the level of the warrant. The 
certificate shall be signed by RTC's Director, Office of Contract 
Policy and Major Dispute Resolutions. This certificate, or a copy, must 
be presented prior to executing a contract or taking one of the other 
actions listed above.
    The public should be aware that this notice, and the referenced 
Statement, apply only to RTC contracts for the provision of non-legal 
services. The RTC will issue shortly a separate notice, summarizing the 
parameters of the correlative Legal Warrant Officer program for 
contracts for legal services, and will make publicly available a 
corresponding statement of the parameters of that program.


Resolution Trust Corporation.
John M. Buckley, Jr.,
Secretary.
[FR Doc. 94-1417 Filed 1-19-94; 4:15 pm]
BILLING CODE 6714-01-M