SPE-DEL-ACKIEWICZ-2024, Redesignation and Redelegation to Mark E. Ackiewicz as Head of Contracting Activity (HCA) for the Office of Fossil Energy and Carbon Management
Rescinds:
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Section 1
DEPARTMENT OF ENERGY
REDESIGNATION AND REDELEGATION OF AUTHORITY
ORDER NO. SPE-DEL-ACKIEWICZ-2024
AS HEAD OF CONTRACTING ACTIVITY (HCA)
FOR THE OFFICE OF FOSSIL ENERGY AND CARBON MANAGEMENT
1. REDELEGATION AND REDESIGNATION. Department of Energy (DOE) Delegation of
Authority Order S2-DEL-SPE-2022 sets forth various authorities delegated to the
Director, Office of Acquisition 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. As the Deputy Assistant Secretary (DAS) for Carbon
Management, you are hereby designated as the Head of the Contracting Activity
(HCA) for the Office of Fossil Energy and Carbon Management programs only, in
accordance with Federal Acquisition Regulation (FAR) 1.601. Except as expressly
stated herein, you may not further delegate your HCA authority; however, your HCA
authority may be conferred to individuals who are designated, in writing, to act in
your position as the DAS for Carbon Management. Such written designation shall
specifiy the HCA authorities that are being conferred and shall stipulate that those
authorities may not be further delegated. Your HCA delegated authorities are as
follows:
1.1 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 Department to the obligation and
expenditure of public funds.
1.2 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 or similar transaction, whether or not binding
DOE to the obligation and expenditure of public funds. Such action shall
include the rendering of approvals, determinations, and decisions, except
those required by law or regulation to be made by other authority.
1.3 Enter into, approve, administer, modify, close-out, terminate and take such
other actions as may be necessary and appropriate with respect to any sales
contract, reimbursable orders, or similar transaction, whether or not binding
DOE to the obligation and expenditure of public funds. Such action shall
include the rendering of approvals, determinations, and decisions, except
those required by law or regulation to be made by other authority. These
authorities are contingent upon the existence of statutory, other legal, and
regulatory authority for sale of products or to perform reimbursable work.
Serve as Selection Authority (SA) or appoint another individual to serve as SA
for a particular action or group of actions.
1.4 Enter into, administer, modify, closeout, terminate and take such other
actions as may be necessary and appropriate with respect to any other
transaction agreement, whether or not binding DOE to the obligation and
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expenditure of public funds. Such actions shall include the rendering of
determinations and decisions, except those required by law or regulation to
be made by other authority.
2. REDELEGATION OF REGULATORY AUTHORITIES. The delegated authorities set forth
Section 2
herein are conditioned upon your commitment to assuring compliance, to the
maximum extent practicable, with the applicable laws, regulations, and policies and
procedures that pertain to the authorities delegated herein. These include the FAR,
the DOE Acquisition Regulation (DEAR), DOE Directives, DOE 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 prescribed herein, the determination
will be based on the total value of the action, 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 is the absolute
value of the work contemplated. Your HCA delegated authorities are as follows:
2.1 ACQUISITION.
A. (i) The procurement authorities described in paragraph 1.1 may be
delegated only to a Contracting Officer without the power of further
delegation.
(ii) Except for actions that exceed the following delegated monetary
authorities, or that are otherwise subject to the prior approval, or
waiver thereof, by the Director, or designee pursuant to the
requirements prescribed in Acquisition Guide Chapter 71, approve
actions that exceed $25 million. This authority is non-delegable. Your
authority to approve actions less than or equal to $25 million that are
not subject to the Headquarters review and approval requirements of
Acquisition Guide Chapter 71, is re-delegable at your discretion.
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Type of Acquisition Delegated Monetary
Authority
Competitive Acquisitions $50 million
Non-Competitive Acquisitions $50 million
Contract Modifications1 $50 million
Interagency Acquisitions as defined in FAR
2.101, including assisted, direct, Economy
Act, Non-Economy Act (Federal Supply
Schedules, Government-wide Acquisition
Contracts)2
$50 million
Subcontracts (solicitation, award,
modification, and termination)3
$50 million
Notes 1, 2, and 3: Administrative modifications, e.g., funding
modifications are not subject to the limitation in the delegated
monetary authority.
(iii) For actions within your delegated authority, serve as the Source
Selection Authority (SSA), or appoint another individual who you
deem qualified to serve as SSA for a single acquisition or a class of
acquisitions for all competitive acquisitions, including the following
types of acquisitions: fixed-price, cost-reimbursement, incentive,
time-and-materials, labor-hour, indefinite-delivery, letter contracts,
Federal Supply Schedules, government-wide acquisition contracts, and
blanket purchase agreements.
B. 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.
2.2 ASSISTANCE.
A. The assistance authorities described in paragraph 1.2 may be
delegated only to a Contracting Officer without the power of further
delegation.
B. Except for actions that exceed $50 million, including funding
opportunity announcements that may result in a financial assistance
award with a total value of $50 million or more (including cost share),
and other financial assistance actions that are subject to the prior
approval, or waiver thereof, by the Director, or designee pursuant to
the requirements prescribed in Acquisition Guide Chapter 71, approve
actions that exceed $25 million. This authority is non-delegable. Your
Section 3
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authority to approve actions less than or equal to $25 million that are
not subject to the Headquarters review and approval requirements of
Acquisition Guide Chapter 71, is re-delegable at your discretion.
C. For actions within your delegated authority, serve as the Selection
Authority (SA) or appoint another individual who you deem qualified
to serve as SA for a funding opportunity announcement.
2.3 OTHER TRANSACTIONS.
(i) The authority described in paragraph 1.4 may be delegated only to
a Contracting Officer without the power of further delegation.
(ii) Except for actions that exceed $50 million and other actions that
are subject to the prior approval, or waiver thereof, by the Director, or
designee pursuant to the requirements prescribed in Acquisition
Guide Chapter 71, approve actions that exceed $25 million. This
authority is non-delegable. Your authority to approve actions less
than or equal to $25 million that are not subject to the Headquarters
review and approval requirements of Acquisition Guide Chapter 71, is
re-delegable at your discretion.
(iii) Serve as the Selection Authority (SA) or appoint another individual
who you deem qualified to serve as SA for a particular other
transaction or class of other transactions within the authorities
delegated herein.
3. MISCELLANEOUS AUTHORITIES.
Pursuant to the attached Charter, as an HCA, you are a member of the
Department of Energy Acquisition Council (DAC). The DAC is the principal
forum for senior acquisition officials throughout the Department to exchange
information about operational issues, initiate and pursue acquisition reform
initiatives, and exchange ideas and successful practices in order to create a
synergistic approach to continuously improving the Department’s acquisition
practices and operations. The DAC is the primary vehicle for coordination and
sponsorship of department-wide acquisition initiatives.
4. RESCISSION. Delegation Order No. SPE-DEL-RASAR-2023 is hereby rescinded.
5. LIMITATION.
5.1 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 or delegate(s).
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5.2 Nothing in this Order precludes the Secretary of Energy, the Deputy Secretary,
or the Director, Office of Acquisition Management, from exercising any of the
authority delegated by this Order.
5.3 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 by delegation. Furthermore, nothing herein constitutes authority to
exercise authority, direction, or control of an employee of the National
Nuclear Security Administration or its contractors.
5.4 Any amendments to this Order shall be made in consultation with the
Department of Energy General Counsel.
6. AUTHORITY TO REDELEGATE.
6.1 Except as expressly prohibited by law, regulation, or this Order, the Delegate
may delegate this authority further, in whole or in part.
6.2 Copies of redelegations and any subsequent redelegations shall be provided
to the Office of Management, which manages the Secretarial Delegations of
Authority system.
7. DURATION AND EFFECTIVE DATE.
7.1 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 or amended.
7.2 This Order is effective February 26, 2024.
_____________________
Berta Schreiber, Director
Office of Acquisition
Management
2024-02-26T12:59:18-0500
BERTA SCHREIBER