002.17-12, Redelegation/Designation to Shane M. Kosinski as Head of Contracting Activity (HCA) for the Advanced Research Projects Agency-Energy
Functional areas: Procurement, Head of Contracting Authority
Rescinds:
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Section 1
DEPARTMENT OF ENERGY
REDELEGATION/DESIGNATION ORDER NO. 00-002.17-12
TO SHANE M. KOSINSKI
AS HEAD OF CONTRACTING ACTIVITY {HCA)
FOR THE ADVANCED RESEARCH PROJECTS AGENCY-ENERGY
1. DELEGATION/DESIGNATION. Department of Energy {DOE) Delegation of Authority
Order 00-002.17A sets forth various authorities delegated to the Director, Office of
Acquisition Management {herein referred to as the "Director"), and provides that these
authorities may be further delegated in whole or in part as may be deemed appropriate.
The Deputy Director for Operations is hereby designated as the Head of the Contracting
Activity (HCA) for the Advanced Research Projects Agency-Energy (ARPA-E), in
accordance with Federal Acquisition Regulation (FAR) 1.601. Except as expressly stated
herein, you may not further delegate your HCA authority; however, HCA authority is
conferred to individuals serving in your stead as Deputy Director for Operations,
provided that such acting authority is designated in writing.
The delegated authorities set forth below are conditioned upon your full conformance
with applicable laws, the FAR, the DOE Acquisition Regulation (DEAR), DOE Directives
and policies and procedures, including Acquisition Letters and the DOE Acquisition
Guide, notably Chapter 71, which prescribes actions requiring Headquarters review and
the process for their selection. In determining whether an action is within a delegated
monetary authority, the determination must be based on the total value, including
options, in-kind contributions and contractors/recipients cost share. Moreover, where
actions involve a combination of additional work and deductive work, the total value
shall be based on the absolute value of the work contemplated. The delegated
authorities are set forth below:
1.1 ACQUISITION
(A) (i) Enter into, approve, administer, modify, close-out, terminate, and take such
other actions as may be necessary and appropriate with respect to procurement
transactions including competitive acquisitions, non-competitive acquisitions,
contract modifications, interagency agreements, and consent to subcontracts
that bind DOE to the obligation and expenditure of public funds. The acquisition
authorities described in this paragraph may be delegated only to a Contracting
Officer {CO) (in accordance with section 1.4, Contracting Officers) without the
power of further delegation.
(ii) Actions exceeding the delegated monetary authority specified below or that
meet the requirements prescribed in Acquisition Guide Chapter 71 shall have the
prior approval, or waiver thereof, of the Director, or designee.
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Type of Acquisition Delegated Monetary
Authority
Competitive Acquisitions $25 million
Non-Competitive Acquisitions $10 million
Contract Modifications1 $10 million
lnteragency Agreements where a $10 million
servicing agency will award or modify a
contract on behalf of DOE (includes
award and modification2)
Subcontracts (solicitation, award, $10 million
modification, and termination3)
Notes 1, 2, and 3: Administrative modifications, e.g., funding modifications are not subject to the limitation
in the delegated monetary authority
(iii) Serve as Source Selection Authority (SSA) or appoint another individual to
serve as SSA for a particular acquisition or group of acquisitions within your
delegated monetary authority for competitive acquisitions.
Section 2
(B) Waive the requirement for submission of cost or pricing data, in accordance with
FAR 15.403-l{c)(4), without power offurther delegation. Prior to approving such
a waiver, the HCA shall obtain written concurrence from the Director for all
procurement actions.
(C) Exercise all other authorities specifically granted to the HCA by the FAR and
DEAR. In some cases, FAR specified authorities are modified by the DEAR. These
HCA authorities may be further delegated unless expressly prohibited by either
the FAR or DEAR.
1.2 ASSISTANCE
(A) (i) Enter into, approve, administer, modify, close out, terminate, and take such
other actions as may be necessary and appropriate with respect to financial
assistance agreements including grants and cooperative agreements whether or
not binding DOE to the obligation and expenditure of public funds. These
assistance authorities may be delegated only to a CO (in accordance with section
1.4, Contracting Officers) without the power of further delegation.
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(ii) Actions exceeding $10 million shall have the prior approval, or waiver
thereof, of the Director or designee. Additionally, any funding opportunity
announcement which may result in financial assistance with a collective value of
$50 million or more, including cost share, shall have prior approval, or waiver
thereof, of the Director or designee.
(iii) Serve as Selection Authority (SA) or appoint another individual to serve as SA
for a particular funding opportunity announcement within your delegated
monetary authority ($50 million).
1.3 OTHER TRANSACTIONS
(A) (i) Subject to the approval of the Secretary or his designee, enter into,
administer, modify, close out, terminate, and take such other actions as may be
necessary and appropriate with respect to other transactions whether or not
binding DOE to the obligation and expenditure of public funds. These other
transactions authorities may be delegated only to a CO (in accordance with
section 1.4, Contracting Officers) without the power of further delegation.
(ii) Actions exceeding $10 million shall have the prior approval, or waiver
thereof, of the Director or designee.
(iii) Serve as Selection Authority (SA) or appoint another individual to serve as SA
for a particular other transaction or group of other transactions within your
delegated monetary authority ($10 million).
1.4 CONTRACTING OFFICERS
Appoint COs for acquisition, assistance actions, other transactions, sales (as
described above), and interagency agreements (funds-in or funds-out) in accordance
with DOE 0 541.lB, entitled, "Appointment of COs and Contracting Officer
Representatives," and any subsequent revisions.
The monetary limitations prescribed in delegation paragraph 1.1 Acquisition, 1.2
Assistance and 1.3 Other Transactions, do not preclude the issuance of CO warrants
that provide for unlimited signatory authority provided that the warrants do not
exceed the general scope of authority delegated to the HCA, and that transactions
above the delegated monetary limit have, in accordance with Acquisition Guide
Chapter 71, been approved or waived by the Director, or designee. In designating
cos, you shall consider the qualification standards set forth in the FAR, and such
other applicable regulations, DOE Directives and Policy.
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1.5 SECTION 311 NOTICES
Section 3
Pursuant to section 311 of title Ill of the Energy and Water Development and
Related Agencies Appropriations Act, 2010 (P.L. 111-85), and subsequent
Appropriations Acts, notify the Committees on Appropriations of the Senate and
House of Representatives at least three full business days in advance of making a
grant allocation, discretionary grant award, discretionary contract award, Other
Transaction Agreement, or issuing a letter of intent totaling in excess of $1,000,000
or to announce publicly the intention to make such an award, including a contract
covered by the Federal Acquisition Regulation.
2. RESCISSION. Redelegation Order No. 00-022.12 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.
3.2 Nothing in this Order precludes the Secretary or the delegated official(s) 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
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.
4. AUTHORITY TO REDELEGATE. Except as expressly prohibited by law, regulation, or this
Order, the Delegatee may delegate this authority further, in whole or in part. Copies of
redelegations and any subsequent redelegations shall be provided to the Office of
Management, which manages the Secretarial Delegations of Authority system.
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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 APR ·1 8 20l6
v ~~
Berta Schreiber
Acting Director
Office of Acquisition
Management, MA-60