48 CFR § 436.609-1 - 436.609-1 Design within funding limitations.

---
identifier: "/us/cfr/t48/s436.609-1"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "48 CFR § 436.609-1 - 436.609-1   Design within funding limitations."
title_number: 48
title_name: "Federal Acquisition Regulations System"
section_number: "436.609-1"
section_name: "436.609-1   Design within funding limitations."
chapter_number: 4
chapter_name: "DEPARTMENT OF AGRICULTURE"
subchapter_number: "F"
subchapter_name: "SPECIAL CATEGORIES OF CONTRACTING"
part_number: "436"
part_name: "CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "5 U.S.C. 301 and 40 U.S.C. 486(c)."
regulatory_source: "89 FR 81015, Oct. 7, 2024, unless otherwise noted."
cfr_part: "436"
---


# 436.609-1 436.609-1   Design within funding limitations.

(a) Should the HCA appoint a designee to make the determination in FAR 36.609-1(c)(1), the appointment may be to one no lower than the official authorized to commit program funds for the work being acquired.

(b) The contracting officer, with the advice of appropriate technical representatives, may make the determination in FAR 36.609-1(c)(2) or (3).