022.04B, Redelegation/Designation Order No. 00-022.04B to Joel W. Seymour as Head of Contracting Authority (HCA) for the Southeastern Power Administration
Functional areas: Procurement
Rescinds:
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Text extracted from the attached file. Refer to the original document for the authoritative version.
Section 1
DEPARTMENT OF ENERGY
REDElEGATION/DESIGNATION ORDER NO. 00-022.04B
TO JOEL W. SEYMOUR
AS HEAD OF CONTRACTING ACTIVITY (HCA)
FOR THE SOUTHEASTERN POWER ADMINISTRATION
1. DElEGATION/DESIGNATION. Department of Energy (DOE) Delegation of
Authority Orders 00-022.00E and Re-delegation Order 00-011.02 set forth
various authorities delegated to the Director, Office of Acquisition and Project
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 Assistant Administrator, Human Resources and Administration,
is hereby designated as the Head of the Contracting Activity (HCA) for the
Southeastern Power Administration 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 Assistant Administrator, Human Resources and
Administration, Southeastern Power Administration, 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
http:00-011.02
accordance with section 1.6, 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.
Delegated Monetary
Authority
Type of Acquisition
$10 million Competitive Acquisitions
$1 million Non-Competitive Acquisitions
$1 million Contract Modifications'
Interagency Agreements where a $1 million
servicing agency will award or
modify a contract on behalf of
DOE (includes award and
modification2
)
$1 million
modification, and termination3
)
. . ..
Subcontracts (solicitation, award,
Notes 1, 2, and 3: Administrative modifications, e.g., fundmg 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) Designate a Competition Advocate, in accordance with DEAR 906.5, to
perform the duties required by FAR 6.5. Such designation(s), if below the
GM/GS-15 level, shall be approved by the Director. The authority to
designate a Competition Advocate may not be further delegated.
(C) Appoint a Contracting Activity Ombudsman for task and delivery order
contracts in accordance with FAR 16.505(b)(6) as authorized by DEAR
916.505(b)(6)(ii). The FAR requires that the person be a senior agency
official who is independent from the CO and the DEAR requires that the
person appointed be a senior manager. This authority may be delegated
to the same person serving as Competition Advocate discussed in
paragraph 1.1(B) above.
(D) Waive the requirement for submission of cost or pricing data, in
accordance with, FAR lS.403-1(c)(4) without power of further delegation.
Prior to approving such a waiver, the HCA shall obtain written
concurrence from the Director for all procurement actions over $S million
in value.
(E) 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 1.6, Contracting
Officers) without 'the power of further delegation.
(ii) Actions exceeding $1 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 $1 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 ($10 million).
1.3 OTHER TRANSACTIONS
(A) (i) Subject to the approval ofthe 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 1.6, Contracting Officers) without the
power of further delegation.
(ii) Actions exceeding $1 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 SALES AND REIMBURSABLE WORK
Section 3
Enter into, approve, administer, modify, close out, terminate, and take such
other actions as may be necessary and appropriate, with respect to
agreements committing the Department to the sale of products and services,
including funds-in interagency agreements and other agreements with non
DOE entities (authority for the disposal of personal property is provided in
section 1.5, Personal Property). These authorities are contingent upon the
existence of statutory, other legal, and regulatory authority for sale of
products or to perform reimbursable work. Authorization by the designated
official responsible for such work, and your full compliance with all applicable
laws, executive orders, regulations, and directives governing policies and
procedures is also required. These authorities may be delegated with power
of further delegation to a CO (in accordance with section 1.6, Contracting
Officers) or to another official who shall be no more than two levels below
the HCA, without the power of further delegation.
1.5 PERSONAL PROPERTY
Receive, manage and dispose of all personal property held by DOE for official
use by Departmental employees, contractors, and recipients, consistent with
applicable laws, regulations, executive orders, directives, policies, and
procedures. This authority may be delegated only to a professionally
certified Organizational Property Management Officer in accordance with
DOE Order 361.1B, Chapter II, without the power offurther delegation.
1.6 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 Order 541.1B, 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 (juide 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.
1.7 SECTION 311 NOTICES
Pursuant to section 311 of title III 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 a'n
award, including a contract covered by the Federal Acquisition Regulation.
This authority may be re-delegated to your Procurement Director(s), but may
not be re-delegated below the Procurement Director.
2. RESCISSION. Redelegation Order No. 00-022.04A 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.
Section 4
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.
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 MAR 0 I) zot.
~D/PatM30S
Director
Office of Acquisition
and Project Management