022.11A, Delegation/Designation to the Director, Office of Asset Management as Head of Contracting Authority (HCA) for Real Property
Functional areas: Procurement
Rescinds:
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Section 1
Department of Energy
Washington, DC 20585
December 22, 2015
MEMORANDUM FOR THE SECRETARY
THROUGH:
FROM:
SUBJECT:
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INGRID KO JV' )
DIRECTOR, OFFICE OF ANAGEMENT
Approval by the Secretary to designate the Director, Office of
Asset Management, as the Head of Contracting Activity (HCA) for
real property, and delegation of related authorities.
ISSUE: Whether to designate the Director, Office of Asset Management, as the HCA for
real property and delegate related authorities to the Director.
BACKGROUND: Due to reorganization of the Office of Management, a new HCA for real
property must be designated. HCAs are normally designated by the Senior Procurement
Executive (SPE), however in this case the SPE has not been delegated the authorities
necessary to act as the HCA for real property and therefore cannot redelegate them to
the new HCA for real property. The Under Secretary for Management and Performance
has both delegated authority to designate HCAs and to re-delegate the related real
property authorities. However, because the office of the Under Secretary for
Management and Performance is currently vacant, and the Deputy Under Secretary for
Management and Performance, does not have the authority to redelegate the necessary
real property authorities, you are the only official able to both make the designation and
delegate the necessary authorities to perform the role of HCA for real property.
RECOMMENDATION: That you approve the designation of the Director, Office of Asset
Management, as the HCA for real property and delegate related authorities as described
in the attached Redelegation/Designation Order.
APPROVE: -T-,___· ___ DISAPPROVE: _______ DATE:
Attachment
DEPARTMENT OF ENERGY
DELEGATION/DESIGNATION ORDER NO. 00-022.llA
TO THE DIRECTOR, OFFICE OF ASSET MANAGEMENT
AS HEAD OF CONTRACTING ACTIVITY (HCA)
FOR REAL PROPERTY
1. DESIGNATION/DELEGATION. Under the authority vested in me as Secretary of Energy
and pursuant to section 642 of the Department of Energy (DOE) Organization Act (Public
Law 95-91, 42 U.S.C. 7252), I designate the Director, Office of Asset Management, as the
Head of Contracting Activity (HCA) for Real Property 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 Acting Director, Office of Asset Management, provided that
such acting authority is designated in writing.
Also pursuant to the authority vested in me as the Secretary of Energy, I delegate to the
HCA for Real Property the authority to take the following actions:
1.1 Develop, issue, maintain and revise policy, procedures and guidance for real
property contracting actions.
1.2 Establish, monitor and maintain a certification program for real property
personnel.
1.3 Identify and appoint Certified Realty Specialists and issue certificates for
acquisition, leasing, management and disposal of real property in accordance
with DOE Order 430.lB, entitled Real Property and Asset Management, and any
subsequent revisions.
1.4 Identify and appoint Real Estate Contracting Officers (RECO) and issue warrants
for acquisition, leasing, management and disposal of real property in accordance
with DOE Order 541.lB, entitled, Appointment of Contracting Officers and
Contracting Officer Representatives, and any subsequent revisions. In
designating RECOs, you shall consider applicable regulations, DOE Directives and
Policy.
Section 2
2. RESCISSION. Redelegation/Designation Order No. 00-022.11 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 DOE and the policies and procedures prescribed
by the Secretary.
3.2 In exercising the authority delegated in this Order, a delegate must fully conform
with applicable laws, the Federal Acquisition Regulation (FAR), DOE Acquisition
2
Regulation (DEAR), and DOE policies and procedures, including Acquisition
Letters and the DOE Acquisition Guide.
3.3 Nothing in this Order precludes the Secretary or the delegated official(s) from
exercising any of the authority delegated by this Order.
3.4 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.
3.5 Any amendments to this Order shall be in consultation with the Department's
General Counsel.
4. AUTHORITY TO REDELEGATE. This Redelegation and designation may not be
redesignated or delegated further.
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
Ernest J. Moniz
Secretary of Energy