002.07, Office of Procurement and Assistance Management

DEPARTMENT OF ENERGY REDELEGATION ORDER NO. 00-002.07 TO THE DIRECTOR, OFFICE OF PROCUREMENT AND ASSISTANCE MANAGEMENT 1. DELEGATION. Pursuant to section 202(b) of the Department of Energy Organization Act (Public Law 95-91, 42 U.S.C. 7132(b)) and Secretary of Energy Delegation provided to the Under Secretary for Energy, Science and Environment to perform the function and duties related to procurement for all programs assigned to the Under Secretary for Energy, Science and Environment, I delegate to the Director, Office of Procurement and Assistance Management authority to take the following actions: 1.1 Act as Senior Procurement Executive (as defined by 41 U.S.C. 414 and Executive Order No. 12931 “Federal Procurement Reform,” October 13, 1994) for all programs assigned to the Under Secretary, with responsibility and authority to provide management direction of the procurement system; oversee development of procurement goals, guidelines, and innovation; measure and evaluate procurement office performance against stated goals; and enhance career development of the procurement workforce. This authority may not be redelegated. 1.2. Designate Heads of Contracting Activities, without further delegation, subject to such thresholds and other limitations as may be appropriate (48 C.F.R. 1.601, 48 C.F.R. 901.601). 1.3 Designate a Senior Competition Advocate to perform the duties required by the Competition in Contracting Act of 1984, Public Law 98-369 (41 U.S.C. 418, 48 C.F.R. 6.501, 48 C.F.R. 906.501). This authority may not be redelegated. 1.4 Designate Contracting Activity Competition Advocates to perform the duties required by the Competition in Contracting Act of 1984, Public Law 98-369. This authority may be redelegated no lower than the Heads of Contracting Activities. A Contracting Activity Competition Advocate shall be appointed for each installation that has been delegated contracting authority (41 U.S.C. 418, 48 C.F.R. 6.501, 48 C.F.R. 906.501). 1.5 Designate a task and delivery order ombudsman to perform the duties required by the Federal Acquisition Streamlining Act of 1994 (Title I, section 1054(a) of Public Law 103-355, 41 U.S.C. 253j(e)). 1.6 Assign contracting functions and responsibilities to another agency, and create joint or combined offices with another agency to exercise acquisition functions, without further delegation (41 U.S.C. 261, 48 C.F.R. 1.601, 48 C.F.R. 901.601). (Rescinded by 00-002.07A) 2 1.7 Enter into, approve, administer, modify, close-out, terminate, and take such other actions as may be necessary and appropriate with respect to any procurement transaction binding the Department of Energy to the obligation and expenditure of public funds (42 U.S.C. 7254, 7256). 1.8 Approve extraordinary contractual actions, not to exceed $50,000 to facilitate the national defense, pursuant to Public Law 85-804 and Executive Order No. 10789, as amended (48 C.F.R. 50.201). 1.9 Sign applications for permits to procure tax-free spirits from a distilled spirits plant for nonbeverage purposes for use by the Department, as authorized by 26 U.S.C. 5271. 1.10 Determine whether to utilize the authority contained in section 101(c) of the Defense Production Act of 1950, 50 U.S.C. App. 2071(c)(1994), as amended, to “maximize domestic energy supplies.” This determination will be made after consultation with the General Counsel and the Assistant Secretary for Policy and International Affairs.

2. RESCISSION. Delegation Order 0204-174 is hereby rescinded. 3. LIMITATION. 3.1. In exercising the authority delegated in this Order, a delegate shall be governed by the rules and regulations of the Department of Energy and the policies and procedures prescribed by the Secretary or delegate(s). 3.2. Nothing in this Order precludes the Secretary or the Under Secretary for Energy, science and Environment from exercising any of the authority delegated by this Order. 3.3. Nothing in this Order shall be construed to supersede or otherwise interfere with the authorities provided to the Administrator for Nuclear Security by law or by delegation. Furthermore, nothing herein constitutes authority to exercise authority, direction, or control of an employee of the National Nuclear Security Administration or its contractors. 3.4 Any amendments to this Order shall be in consultation with the Department of Energy General Counsel. (Rescinded by 00-002.07A) 3 4. AUTHORITY TO REDELEGATE. 4.1 Except as expressly prohibited by law, regulation, or this Order, the Director, Office of Procurement and Assistance Management, may delegate this authority further, in whole or in part. 4.2 Copies of redelegations and any subsequent redelegations shall be provided to the Office of Management and Operations Support, which manages the Secretarial Delegations of Authority system. 5. DURATION AND EFFECTIVE DATE. 5.1. All actions pursuant to any authority delegated prior to this Order or pursuant to any authority delegated by this Order taken prior to and in effect on the date of this Order are ratified and remain in force as if taken under this Order, unless or until rescinded, amended or superseded. 5.2. This Order is effective January 8, 2002. (Rescinded by 00-002.07A)