022.07C, Redelegation/Designation Order No. 00-022.07C to Mark C. Brady as Head of Contracting Activity (HCA) for the Office of Headquarters Procurement Services and the Advanced Research Projects Agency-Energy
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. 00-022.07C
TO MARK C. BRADY
AS HEAD OF CONTRACTING ACTIVITY (HCA}
FOR THE OFFICE OF HEADQUARTERS PROCUREMENT SERVICES
AND THE ADVANCED RESEARCH PROJECTS AGENCY-ENERGY
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 Director, Office of Headquarters
Procurement Services is hereby designated as the Head of the Contracting Activity (HCA)
for the Office of Headquarters Procurement Services, and 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
Director, Office of Headquarters Procurement Services, 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 1.6, 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.
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Actions within the delegated monetary authority specified below that exceed $25
million and that are not subject to business clearance, shall have the prior
approval of the HCA for the actions identified in Acquisition Guide Chapter 71.
Authority to approve transactions at this level and that meet these conditions is
non-delegable. Authority to approve actions below $25 million that are not
subject to business clearance is re-delegable at the discretion of the HCA.
Type of Acquisition Delegated Monetary
Authority
Competitive Acquisitions $50 million
Non-Competitive Acquisitions $50 million
Contract Modifications1 $50 million
Section 2
lnteragency Agreements where a $50 million
servicing agency will award or
modify a contract on behalf of
DOE (includes award and
modification2
)
Subcontracts (solicitation, award, $50 million
modification, and termination3
)
Notes 1, 2, and 3: Administrative mod1fications, e.g., funding mod1f!catlons are not subiect 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.
(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.l(B) above.
(D) Waive the requirement for submission of cost or pricing data, in accordance with
FAR 15.403-1(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 $5 million in value.
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(E) Exercise all other authorities specifically granted to the HCA by the FAR and DEAR.
In some cases, FAR specified authorities are modified by the DEAR. These HCA
authorities may be further dele$ated 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 $50 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.
Actions within the delegated monetary level specified above that exceed $25
million and that are not subject to business clearance, shall have the prior
approval of the HCA for the actions identified in Acquisition Guide Chapter 71.
Authority to approve transactions at this level and that meet these conditions is
non-delegable. Authority to approve actions below $25 million that are not
subject to business clearance is re-delegable at the discretion of the HCA.
(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
Section 3
(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 1.6,
Contracting Officers) without the power of further delegation.
(ii)Actions exceeding $50 million shall have the prior approval, or waiver
thereof, of the Director or designee.
Actions within the delegated monetary level specified above that exceed $25
million and that are not subject to business clearance, shall have the prior
approval of the HCA for the actions identified in Acquisition Guide Chapter 71.
Authority to approve transactions at this level and that meet these conditions is
non-delegable. Authority to approve actions below $25 million that are not
subject to business clearance is re-delegable at the discretion of the HCA.
(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 ($50 million).
1.4 SALES AND REIMBURSABLE WORK
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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.lB, Chapter II, without the
power of further delegation.
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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.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.
Section 4
1.7 COGNIZANT CONTRACTING OFFICES
The following contracting offices are also within the cognizance of the HCA:
• Rocky Mountain Oilfield Testing Center (Naval Petroleum Reserve No. 3)
• Advanced Research Projects Agency-Energy (ARPA-E)
1.8 SECTION 311 NOTICES
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.
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. 00-022.0?B 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 De legatee 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 APR 1 7 2014
Director
Office of Acquisition
and Project Management
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