(a) The Contracting Officer shall be the ordering official for all task orders when the price or cost, or any other terms, is arrived at through a negotiated process. The Contracting Officer may designate an ordering official when orders are to be placed on a firm fixed-price basis, the prices of the specific services to be performed or the supplies to be obtained under the order are set forth in the contract, and there is no negotiation of order terms. The Contracting Officer may not designate ordering officials:
(1) For contracts for services where prices are not tied to delivery of a completed service;
(2) For any contracts where discounts need to be negotiated; or
(3) In any other circumstances where adjustment of contract price or any other terms and conditions is necessary.
(b)(5) The Departmental competition advocate also serves as the Departmental ombudsman for task and delivery order contracts in accordance with FAR 16.505(b)(5).
(i) Each HCA shall designate a contracting activity ombudsman for task and delivery order contracts.
(ii) The contracting activity ombudsman shall:
(A) Review complaints from contractors concerning task or delivery orders placed by the contracting activity;
(B) Be independent of the contracting officer who awarded or is administering the contract under which a complaint is submitted;
(C) Recommend any corrective action to the cognizant contracting officer; and
(D) Refer to the Departmental ombudsman issues which cannot be resolved.
(iii) Contractors may request that the Departmental Ombudsman review complaints when they disagree with the contracting activity ombudsman's review.
