SPE-DEL-PLASYNSKI-2023, Redesignation and Redelegation to Sean I. Plasynski as Head of Contracting Activity (HCA) for the National Energy Technology Laboratory
Rescinds:
Document text
Text extracted from the attached file. Refer to the original document for the authoritative version.
Section 1
DEPARTMENT OF ENERGY
REDESIGNATION AND REDELEGATION OF AUTHORITY
ORDER NO. SPE-DEL-PLASYNSKI-2023
AS HEAD OF CONTRACTING ACTIVITY (HCA)
FOR THE NATIONAL ENERGY TECHNOLOGY LABORATORY
1. REDELEGATION AND REDESIGNATION. Department of Energy (DOE) Delegation of
Authority Order 00-001.09 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 Director and Chief Technology Officer, you are
hereby designated as the Head of the Contracting Activity (HCA) for the National
Energy Technology Laboratory (NETL) and non-Fossil Energy and Carbon Management
(FECM) programs, in accordance with Federal Acquisition Regulation (FAR) 1.601.
Non-FECM programs include, but are not limited to, Energy Efficiency and Renewable
Energy; Office of Electricity; Grid Deployment Office; Office of Manufacturing and
Energy Supply Chains; Office of Cybersecurity, Energy Security, and Emergency
Response; DOE-DOT Joint Office (BIL only); and Environmental Protection Agency (IRA
only). In some instances, expressly stated below, you will retain certain HCA
authorities for FECM. 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 Deputy Director and Chief
Technology Officer. 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 for NETL and FECM are as follows:
1.1 Designate Contracting Officers (48 C.F.R. 1.601, 48 C.F.R. 1.603-1, 48 C.F.R.
901.601).
1.2 Designate a Contracting Activity Competition Advocate to perform the duties
required by the Competition in Contracting Act of 1984, Public Law 98-369.
This designation authority may not be redelegated (41 U.S.C. 1705, 48 C.F.R.
6.501, 48 C.F.R. 906.501).
1.3 Designate a task and delivery order ombudsman to perform the duties
required by the Federal Acquisition Streamlining Act of 1994 (title I, section
1054(a) of Public Law 103-355, as amended by Public Law 110-181, 41 U.S.C.
4106).
1.4 Pursuant to Section 301 of the Energy and Water Development and Related
Agencies Appropriations Act, 2020, Division C, Title III (Public Law 116-94), or
any similar provisions enacted in subsequent appropriations acts, notify the
Committees on Appropriations of the Senate and House of Representatives at
2
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 million or to
announce publicly the intention to make such an award, including a contract
covered by the FAR.
This authority may be re-delegated to your Procurement Director(s), or
equivalent Supervisory Contracting Official(s), but may not be re-delegated
below the Procurement Director(s), or equivalent Supervisory Contracting
Official(s).
Your HCA delegated authorities for NETL and non-FECM programs are as follows:
1.5 Enter into, approve, administer, modify, close-out, terminate, and take such
other actions as may be necessary and appropriate with respect o any
procurement transaction binding the Department to the obligation and
expenditure of public funds.
Section 2
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
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.
1.7 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.
1.8 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 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.
3
2. REDELEGATION OF REGULATORY AUTHORITIES. The delegated authorities set forth
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 1.3 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.
4
Type of Acquisition Delegated Monetary
Authority
Competitive Acquisitions $50 million
Non-Competitive Acquisitions $50 million
Contract Modifications1 $50 million
Section 3
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 for NETL and non-FECM
programs, 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. For NETL and FECM, waive the requirement for submission of cost or
pricing data, in accordance with FAR 15.403-1(c)(4), without power of
further delegation.
C. 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 1.4 may be delegated
only to a Contracting Officer without the power of further delegation.
B. Except for actions that exceed $50 million, including funding
5
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
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 for NETL and non-FECM
programs, 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 1.7 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) for the NETL and non-FECM programs, 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.
Section 4
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.
6
4. RESCISSION. Delegation Order No. SPE-DEL-PLASYNSKI-2021 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).
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 November 1, 2023.
_____________________
Berta Schreiber, Acting Director
Office of Acquisition Management
2023-10-31T13:55:31-0400
BERTA SCHREIBER