Archives of Directives

Rescinded

003.01D, Designation of Authority and Delegation of Authority Order No. 00-003-01D to Deputy Associate Administrator for Acquisition and Project Management

Functional areas: Procurement

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Section 1

UNITED STATES DEPARTMENT OF ENERGY NA TI ON AL NUCLEAR SECURITY ADMINISTRATION DESIGNATION OF AUTHORITY AND DELEGATION OF AUTHORITY ORDER NO. 00-003-0lD TO DEPUTY ASSOCIATE ADMINISTRATOR FOR ACQUISITION AND PROJECT MANAGEMENT 1. DELEGATION. Under the authority vested in me under Section 3212 of the National Nuclear Security Administration (NNSA) Act (50 U.S.C. 2402) and authority pursuant to my delegation, and pursuant to 41 USC 1702( c ), the Deputy Associate Administrator for Acquisition and Project Management is hereby designated as the Senior Procurement Executive for the NNSA and delegated the following actions: 1.1 Provide overall management direction of the Administration's 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. 1.2 Approve justification for other than full and open competition for a proposed contract over the threshold specified in 48 CFR 6.304(a)( 4). The authorities contained in this paragraph may not be redelegated or redesignated. 1.3 Designate Contracting Officers ( 48 CFR 1.601, 48 CFR 1.603-1, 48 CFR 901.601). 1.4 Designate Heads of Contracting Activities, without further delegation, subject to such thresholds and other limitations as may be appropriate (48 CFR 1.601, 48 CFR 901.601). 1.5 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. 1705, 48 CFR 6.501, 48 CFR 906.501). 1.6 Designate Contracting Activity Competition Advocates to perform the duties, functions and responsibilities prescribed by 41 USC 1705. 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 USC 1705, 48 CFR 6.501, 48 CFR 906.501). 1.7 Designate a task and delivery order ombudsman to perform the responsibilities required by 41U.S.C.4106(g)(l). 1.8 Designate a program manager to implement an electronic commerce capability for accomplishing business transactions for the Administration who shall report directly to the Senior Procurement Executive (41 U.S.C. 2301). 1.9 Assign contracting functions and responsibilities to another agency, and create joint or combined offices with another agency to exercise acquisition functions, without further delegations (41 U.S.C. 3102, 48 C.F.R. 1.601, 48 C.F.R. 901.601). 1.10 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 National Nuclear Security Administration to the obligation and expenditure of public funds. 1.11 Enter into, approve administer, modify, close-out, terminate and take such other actions as may be necessary and appropriate with respect to any financial assistance agreement, sales contract, or similar transaction, whether or not binding the Department of Energy to the obligation and expenditure of public funds. Such actions shall include the rendering of approvals, determinations, and decisions, except those required by law or regulation to be made by other authority. 1.12 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 (48 CFR. Subpart 50.1).

Section 2

1.13 Sign applications for permits to procure tax~free spirits from a distilled spirits plan for nonbeverage purpose for use by the Administration, as authorized by 26 U.S.C. 5271 and DEAR Clause 908.7107. 1.14 Determine whether to utilize the authority contained in section lOl(a) of the Defense Production Act of 1950, 50 U.S.C. App.2061 ), as amended by the Defense Reauthorization Act of 2009, priority contracting authority to expedite procurement actions to promote National Defense. This determination will be made after consultation with the NNSA General Counsel and the DOE Assistant Secretary for Policy and International Affairs. 1.15 Acquire, manage, and dispose of personal property held by the Administration for official use by its employees or contractors. 1.16 Enter into long-term utility contracts except areawide contracts for total terms not to exceed ten (10) years, for all utility services; e.g. electric, natural gas, water sewage, and steam, pursuant to Delegation of Authority to the Secretary of Energy from the General Services Administrator, authorized by 40 USC 501, and implemented by 48 CFR 41.103(b ). 1.17 Pursuant to section 1007 of the Energy Policy Act of 2005 ( 42 USC 7256(g) and in accordance with 10 CFR 603.115, concur on the award of Technology Investment Agreements on a transaction-by-transaction basis. 1.18 Subject to the direction of the Secretary or the Deputy Secretary, enter into, administer, modify, closeout and take such other actions as may be necessary and appropriate when a Technology Investment Agreement (TIA) has been approved pursuant to 10 CFR 603 .115 and also to authorize the cognizant Head of Contracting Activity (HCA) to issue a new warrant of a contracting officer or to revise the current warrant of a contracting officer to authorize the award or administration of a TIA as required by 10 CFR 603 .120. 2. RESCISSION. Delegation Order 00-003.0lC is hereby rescinded. 3. LIMITATION. 3 .1 In exercising the authority delegated in this Order, a delegate is governed by the applicable rules and regulations of the Department of Energy and the policies and procedures of the Secretary. 3.2 Nothing in this Order shall be construed to supersede or otherwise interfere with the authorities provided to the Secretary or NNSA Administrator by law or delegation whenever in the Delegant's judgment, the exercise of such authority is necessary or_appropriate to administer the function(s). 3 .3 The authorities delegated by this Order shall only be exercised with regard to NNSA employees, contractors, or activities. 3 .4 Any amendments to this Order shall be in consultation with the NNSA General Counsel. 4. AUTHORITY TO REDELEGATE 4.1 Except as expressly prohibited by law, regulation, or this Order, the NNSA Deputy Associate Administrator for Acquisition and Project Management, may delegate this authority further, in whole or in part. 4.2 Copies of redelegations and any subsequent redelegations may be provided to the Office of Management and Operations Support Communications, which manages the Secretarial Delegations of Authority systems. 5. DURATION AND EFFECTIVE DATE. 5.1 All actions taken under any authority delegated before this Order or under any authority delegated by this Order before 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 ~~~~~~~~ Edward Bruce Held Acting Administrator National Nuclear Security Administration

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