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
Rescinds:
Rescinded By:
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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
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Edward Bruce Held
Acting Administrator
National Nuclear Security Administration