Archives of Directives

Rescinded

003.01E, Delegation of Authority to the Director, Office of Acquisition Management

Functional areas: Procurement

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Section 1

NATIONAL NUCLEAR SECURITY ADMINISTRATION DELEGATION OF AUTHORITY ORDER NO. 00-003-01E TO THE DIRECTOR, OFFICE OF ACQUISITION 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), for the purposes of 41 U.S.C. 1702(c), the Director, Office of Acquisition Management, is hereby designated as the Senior Procurement Executive for the NNSA and delegated the following responsibilities until such time as the position of Deputy Associate Administrator for Acquisition and Project Management is filled: 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. Designate Contracting Officers (48 CFR 1.601,48 CFR 1.603-1,48 CFR 901.601). 1.3. Designate Contracting Activity Competition Advocates to perform the duties, functions, and responsibilities prescribed by 41 USC 1705. This authority may be re-delegated 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. 1705,48 CFR 6.501, 48 CFR 906.501). 1.4. Designate a task and delivery order ombudsman to perform the responsibilities required by 41 USC 4106(g)(1). 1.5. 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). 1.6. 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 NNSA to the obligation and expenditure of public funds. 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 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. 1.8. Approve extraordinary contractual actions, not to exceed $55,000 to facilitate the national defense, pursuant to Public Law 85-804 and Executive Order No. 10789 (48 CFR 50.102). 1.9. Sign applications for permits to procure tax-free spirits from a distilled spirits plant for non-beverage purpose for use by the Administration, as authorized by 26 U.S.C. 5271 and DEAR clause 908.7107. 1.10. Determine whether to utilize the authority contained in section 101(a) of the Defense Production Act of 1950, (50 USC 4501 et, seq.) as amended by the Defense Reauthorization Act of2009, 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 International Affairs. 1.11. Acquire, manage, and dispose of personal property held by the Administration for official use by its employees or contractors.

Section 2

1.12. Enter into long-term utility contracts except area-wide 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 U.S.C. 501, and implemented by 48 CFR 41.1 03(b). 1.13. Pursuant to section 1007 of the Energy Policy Act of2005 (42 U.S.C. 7256(g)) and in accordance with 10 CFR 603.115, concur on the award of Technology Investment Agreements (TIA) on a transaction-by-transaction basis. 1.14. Subject to the direction of the Secretary or the Deputy Secretary, enter into, administer, modify, closeout, terminate and take such other actions as may be necessary and appropriate when a 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.OlD is hereby rescinded. 3. LIMITATION. 3.1. In exercising the authority delegated in this Order, the delegate shall be governed by the rules and regulations of the Department of Energy, the NNSA, and the policies and procedures prescribed by the Secretary and the Under Secretary for Nuclear Security/Administrator. 3.2. Nothing in this Order precludes the Under Secretary for Nuclear Security/Administrator 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 NNSA Administrator by law or delegation. 3.4. The authorities delegated by this Order shall only be exercised with regard to NNSA employees, contractors, or activities. 3.5. Any amendments to this Order shall be in consultation with the NNSA General Counsel. 4. AUTHORITY TO RE-DELEGATE. 4.1 Except as expressly prohibited by law, regulation, or this Order, the NNSA Director, Office of Acquisition Management, may delegate this authority further, in whole or in part. 4.2 Copies of re-delegations and any subsequent re-delegations may be provided to the Office of Business Services through the Policy and Analysis Division, which manages the Delegations of Authority system for NNSA. 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 /0 jl./"to/7 1- Q,2).~ Frank G. Klotz (_) Under Secretary for Nuclear Security Administrator, NNSA

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