Section 436.609-1 - Design within funding limitations(a) Should the head of the contracting activity 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).(c) A copy of the determinations described in paragraph (b) and (c) of this section shall be maintained in the contract file.