94-2647. Legal Warrant Program

[Federal Register Volume 59, Number 25 (Monday, February 7, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-2647]


[[Page Unknown]]

[Federal Register: February 7, 1994]


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RESOLUTION TRUST CORPORATION

 

Legal Warrant 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 employees 
designated by the RTC as ``Legal Officers,'' who are issued a warrant, 
execute contracts for legal services on behalf of the RTC. A Statement 
of Qualifications to be, and Authority of, an RTC Warranted Legal 
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 [phone], 
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 [phone] 
or [phone], fax [phone]; Dallas PSC, Reverchon Plaza, 
suite 130, 500 Maple Avenue, Dallas, TX. 75219, phone number (214) 443-
4860 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 (800) 
365-3342, fax [phone]; Newport Beach PSC, 4000 MacArthur Blvd., 
suite 4100, West Tower, Newport Beach, CA. 92660, phone number (714) 
263-4953 or [phone], fax [phone]; and Valley Forge PSC, 
1000 Adams Avenue, Norristown, PA. 19403, phone number [phone] 
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 
RTCCA 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.
    In compliance with the RTCCA, the Office of General Counsel of the 
RTC (also referred to as the Division of Legal Services), has developed 
a program for warranting employees of the Office, to be referred to 
herein as ``Legal Officers,'' to execute contracts for legal services, 
and take related actions, on behalf of the RTC. The requirements to be 
a warranted Legal Officer, and the nature and extent of the contracting 
authority exercised by any warranted Legal Officer, are set forth in 
the publicly available Statement. These may be adjusted from time to 
time, with corresponding updating of the Statement and notice to the 
public.
    There are five levels of Legal Officer, Level V being the highest. 
In brief summary, the requirements to be appointed as, and to remain, a 
Legal Officer are a combination of experience, training, and 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 Legal 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 pre-
established task order agreements;
    c. Execute contract administrative changes within the scope of a 
contract which do not affect delivery, cost, or schedule.
    Level II: On a per contracting action basis, to:
    a. Execute contracts with total estimated fees (including options) 
up to $100,000;
    b. Execute individual task orders with total estimated fees up to 
$200,000 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 $100,000;
    d. Execute contract terminations with total fees up to $100,000;
    e. Execute contract claim settlements with total fees up to 
$10,000.
    Level III: On a per contracting action basis, Level III Legal 
Officers have authority to:
    a. Execute contracts with total estimated fees up to $250,000;
    b. Execute task orders with total 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 $250,000;
    d. Execute contract terminations with total fees up to $250,000; 
and
    e. Execute contract claim settlements with total fees up to 
$100,000.
    Level IV Legal Officers in the Washington, DC office have 
authority, on a per contracting action basis, to:
    a. Execute contracts with total estimated fees (including options) 
up to $2,000,000;
    b. Execute individual task orders with total estimated fees up to 
$2,000,000;
    c. Execute administrative changes to contracts, task order 
agreements, and task orders and contract modifications including 
changes in delivery, cost or schedule, where the fees for the change or 
modifications result in the modified contract not exceeding $2,000,000;
    d. Execute contract terminations with total fees up to $1,000,000; 
and
    e. Execute contract claim settlements with fees up to $200,000.
    Level IV Legal Officers in field offices have authority, on a per 
contracting action basis, to:
    a. Execute contracts with total estimated fees (including options) 
up to $1,000,000;
    b. Execute individual task orders with total estimated fees up to 
$1,000,000;
    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 $1,000,000;
    d. Execute contract terminations with total fees up to $500,000; 
and
    e. Execute contract claim settlements with total fees up to 
$100,000.
    The Level V Legal Officer (the General Counsel of the RTC), on a 
per contracting action basis, has unlimited authority 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; and
    e. Execute contract claim settlements.
    Legal Officers are given a certificate of appointment, showing the 
level of the warrant. The certificate shall be signed by RTC's General 
Counsel. 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 legal 
services. The RTC on January 21, 1994 (59 FR 3382) issued a notice, 
summarizing the parameters of the correlative Warranted Contracting 
Officer program for contracts for non-legal services, and is making 
publicly available a corresponding statement of the parameters of that 
program.

Resolution Trust Corporation.
John M. Buckley, Jr.,
Secretary.
[FR Doc. 94-2647 Filed 2-4-94; 8:45 am]
BILLING CODE 6714-01-M