SPE-DEL-WECH-2024, Redesignation and Redelegation of Authority to Mike Wech for Head of Contracting Activity (HCA) for the Southwestern Power Administration
Rescinds:
Rescinded By:
SPE-DEL-BOYKEN-2025, Resdesignation and Redelegation to Marshall Boyken as the Head of Contracting Authority (HCA) for the Southwestern Power Administration on Dec 04, 2024Private
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Section 1
DEPARTMENT OF ENERGY
REDESIGNATION AND REDELEGATION OF AUTHORITY
ORDER NO. SPE-DEL-WECH-2024
AS HEAD OF CONTRACTING ACTIVITY (HCA)
FOR THE SOUTHWESTERN POWER ADMINISTRATION
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 Administrator, you
are 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, your HCA authority may be conferred
to individuals who are designated, in writing, to act in your position as the
Administrator. 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 Designate Contracting Officers (48 C.F.R. 1.601, 48 C.F.R. 1.603-1, 48
C.F.R. 901.601).
1.2 Act as the Contracting Activity Competition Advocate to perform the
duties required by the Competition in Contracting Act of 1984, Public
Law 98-369. This authority may not be redelegated (41 U.S.C. 1705, 48
C.F.R. 6.501, 48 C.F.R. 906.501).
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 procurement transaction binding the Department to the obligation
and expenditure of public funds.
1.4 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.
1.5 Enter into, approve, administer, modify, close-out, terminate and take
such other actions as may be necessary and appropriate with respect to
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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.
1.6 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).
1.7 Pursuant to Section 301 of the Energy and Water Development and
Section 2
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 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).
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
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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) 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.
Type of Acquisition Delegated Monetary
Authority
Competitive Acquisitions $10 million
Non-Competitive Acquisitions $1 million
Contract Modifications1 $1 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
$1 million
Subcontracts (solicitation, award,
modification, and termination)3
$1 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.
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(B) 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
Section 3
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) (i) The assistance authorities described in paragraph 1.4 may be
delegated only to a Contracting Officer 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) For actions within your delegated authority ($10 million), serve as
the Selection Authority (SA) or appoint another individual who you
deem qualified to serve as SA for a funding opportunity announcement.
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-WECH-2020 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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BERTA
SCHREIBER Date: 2024.02.06 15:16:09 -05'00'
5.2 Nothing in this Order precludes the Secretary of Energy, the Deputy
Secretary, or the Director 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 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 02.06.2024.
Berta Schreiber, Director
Office of Acquisition
Management
C.F.R. 901.601).
C.F.R. 6.501, 48 C.F.R. 906.501).
2.1 ACQUISITION.
2.2 ASSISTANCE.
3. MISCELLANEOUS AUTHORITIES.
5. LIMITATION.
6. AUTHORITY TO REDELEGATE.
7. DURATION AND EFFECTIVE DATE.