94-14403. Warranted Contracting Officer Program

[Federal Register Volume 59, Number 113 (Tuesday, June 14, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-14403]


[[Page Unknown]]

[Federal Register: June 14, 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 Resolution Trust Corporation (RTC) hereby notifies the 
public that it has revised its 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. The Statement of 
Qualifications to be, and Authority of, an RTC Warranted Contracting 
Officer (Statement), is being amended accordingly, and 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 20434, 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. 30303, phone 
number [phone] 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 (816) 
968-7184 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 requirements described in this notice became 
effective on May 16, 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 103-204, 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.
    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 
(CPPM), the relevant portions of which will be contained in the 
Statement, which shall also be amended as the parameters are amended.
    On January 21, 1994, the RTC published a Notice of Availability in 
the Federal Register [59 FR 3382], in which it summarized the 
parameters of the warranted contracting officer program as it existed 
on that date. Subsequently, the RTC has issued Revision 7 of its CPPM, 
which contains, among other things, revisions to the parameters of the 
warranted contracting officer program. As revised in Revision 7 of the 
CPPM, the key points of the program are as follows:
    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. These have been somewhat modified by Revision 7 to the CPPM. 
The Revised Statement will reflect these modifications. 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 the limit of 
Simplified Contracting as defined by Chapter 5 of Revision 7 of the 
CPPM:
    b. Execute task orders with total fees up to $100,000 under pre-
established task order agreements;
    c. Execute delivery orders under GSA Federal Supply Schedules or 
RTC, or other government agency's contracts;
    d. Execute purchase orders with total estimated fees up to 
$100,000;
    e. Execute contract administrative changes or modifications on 
contracts with total cumulative value up to $100,000; and
    f. Approve invoices for contracts, task orders, purchase orders, or 
delivery orders for which they have contracting officer responsibility.
    Level II: Level II contracting officers now are appointed to Step 
A, Step B, or Step C.
    Level II, Step A contracting officers, when assigned responsibility 
for a specific contract, have authority 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 delivery orders under GSA Federal Supply Schedules or 
RTC, or other government agency's contracts;
    d. Execute purchase orders with total estimated fees up to 
$200,000;
    e. Execute changes to contracts, task order agreements, task 
orders, and contract modifications where the fees for the change or 
modification result in the modified contract not exceeding $1,000,000;
    f. Execute contract terminations with total fees up to $1,000,000;
    g. Execute contract claim settlements with payments up to $100,000; 
and
    h. Approve invoices for contracts or task orders for which they 
have contracting officer responsibility.
    Level II, Step B contracting officers, when assigned responsibility 
for a specific contract, have authority to:
    a. Execute contracts with total estimated fees (including options) 
up to $2,500,000;
    b. Execute individual task orders with total estimated fees up to 
$2,500,000;
    c. Execute delivery orders under GSA Federal Supply Schedules or 
RTC, or other government agency's contracts.
    d. Execute purchase orders with total estimated fees up to 
$100,000;
    e. Execute changes to contracts, task order agreements, task 
orders, and contract modifications where the fees for the change or 
modification result in the modified contract not exceeding $2,500,000;
    f. Execute contract terminations with total fees up to $2,500,000;
    g. Execute contract claim settlements with payments up to $250,000; 
and
    h. Approve invoices for contracts or task orders for which they 
have contracting officer responsibility.
    Level II, Step C contracting officers, when assigned responsibility 
for a specific contract, have authority to:
    a. Execute contracts with total estimated fees (including options) 
up to $5,000,000;
    b. Execute individual task orders with total estimated fees up to 
$5,000,000;
    c. Execute delivery orders under GSA Federal Supply Schedules or 
RTC, or other government agency's contracts;
    d. Execute purchase orders with total estimated fees up to 
$100,000;
    e. Execute changes to contracts, task order agreements, task 
orders, and contract modifications where the fees for the change or 
modification result in the modified contract not exceeding $5,000,000;
    f. Execute contract terminations with total fees up to $5,000,000;
    g. Execute contract claim settlements with payments up to $500,000; 
and
    h. Approve invoices for contracts or task orders for which they 
have contracting officer responsibility.
    Level III: There are also 3 Steps of Level III warranted 
contracting officers. The authority of each level is as follows:
    Level III, Step A contracting officers 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 options) up to $5 million;
    b. Execute delivery orders under GSA Federal Supply Schedules or 
RTC, or other government agency's contracts;
    c. Execute purchase orders with total estimated fees up to 
$500,000;
    d. Execute changes to contracts, task order agreements, task 
orders, and modifications to those documents including changes in the 
delivery, cost or schedule, where the fees for the change or 
modification result in the modified contract not exceeding $5 million 
($10 million per year for SAMDA, asset management, loan servicing, and 
indemnification of loan servicing);
    e. Execute contract terminations with fees defined in paragraph (a) 
of this level;
    f. Execute contract claim settlements with payments up to $750,000; 
and
    g. Approve invoices up to the limit of their execution authority or 
the contract value, whichever is less.
    Level III, Step B contracting officers have authority to:
    a. Execute contracts, task order agreements, and task orders with 
total estimated fees up to $10,000,000 ($10 million per year for asset 
management, loan servicing, and indemnification of loan servicing);
    b. Execute delivery orders under GSA Federal Supply Schedules or 
RTC, or other government agency's contracts;
    c. Execute purchase orders with total estimated fees up to $10 
million;
    d. Execute changes and modifications to contracts, task order 
agreements, and task orders where the fees for the change or 
modification result in the modified contract not exceeding $10,000,000 
($10 million per year for asset management loan servicing and 
indemnification of loan servicing);
    e. Execute contract terminations with total fees up to $10,000,000;
    f. Execute contract claim settlements with payments up to 
$1,000,000; and
    g. Approve invoices up to the limit of their execution authority or 
the contract value, whichever is less.
    Level III, Step C contracting officers have unlimited authority to:
    a. Execute contracts including task order agreements;
    b. Execute task orders;
    c. Execute delivery orders;
    d. Execute purchase orders;
    e. Execute administrative changes to contracts, task order 
agreements, task orders, and contract modifications thereof;
    f. Execute contract terminations;
    g. Execute contract claim settlements; and
    h. approve invoices.
    These changes affect only contracts for services other than legal 
services. In addition, no change has been made to the authority of 
managing agents to contract on behalf of associations under the 
conservatorship of the RTC.
    Warranted contracting officers and managing agents are given a 
certificate of appointment, showing the level of the warrant. The 
certificate shall be signed by the 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.

    Dated at Washington, DC, this 8th day of June 1994.

Resolution Trust Corporation.
John M. Buckley, Jr.,
Secretary.
[FR Doc. 94-14403 Filed 6-13-94; 8:45 am]
BILLING CODE 6714-01-M