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810 REDELEGATION OF GRANT AND PROCUREMENT AUTHORITY


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811 Purpose and Authority

a. Purpose. To redelegate contracting and grant officer authority and assign responsibilities for procurement and grant operations within the Department of Labor (DOL).

b. Authority. This section is issued pursuant to 48 CFR 2901.6 which establishes basic delegations of contract and grant authority.

812 Policy Responsibilities

The following officials have contracting policy responsibilities within DOL:

a. The Assistant Secretary for Administration and Management (ASAM), in accordance with Secretary's Order 4-76, is delegated responsibility for establishing policies and procedures regarding the solicitation, award and administration of all departmental procurements (contracts, agreements, orders, grants and similar instruments). Additionally, the ASAM is the Designated Senior Official for General Services Administration (GSA) delegations for Federal Information Processing (FIP) acquisitions.

b. The Director, Directorate of Administrative and Procurement Programs (DAPP), or an officer acting in that capacity, is responsible for:

(1) Developing and publishing guidelines, policies, and regulations for DOL contract and grant operations.

(2) Reviewing and evaluating administrative procedures for DOL contract and grant operations.

(3) Providing technical advice and assistance to those DOL officials and officers with contract and grant responsibilities. This includes interpreting the Federal Acquisition Regulations (FAR) and the Department of Labor Acquisition Regulations (DOLAR) and obtaining legal advice and assistance from the Solicitor of Labor as required.

(4) Providing continuous coordination with appropriate DOL and Federal Agencies to ensure compliance with procurement and grant regulations.

(5) In accordance with the Department of Labor Acquisition Regulations, fulfilling the functions of the Procurement Executive.

(6) Establishing a program to carry out the provisions of Secretary's Order 4-76.

c. The Director, Directorate of Information Resources Management (DIRM), or an officer acting in that capacity, is responsible for establishing a program to carry out the provisions of DLMS 9, Chapter 400.

d. The Director, Office of Small Business Programs (OSBP), is responsible for:

(1) Assuring participation of the Department in the Federal Small and Disadvantaged Business Program as specified in section 8(a) (small disadvantaged business set-asides) and section 15 (procurement in labor surplus areas) of the Small Business Act, as amended (15 U.S.C. 637(a) and 644), and Executive Orders 11625 (Minority Business Enterprises) and 12138 (Women-Owned Business Enterprises).

(2) Assuring participation and input of each Program Agency in establishing DOL goals for increased opportunities for small and disadvantaged business concerns to participate in the Department's procurement and grant activities.

(3) Providing technical advice and assistance to Program Agencies in establishing Agency goals for utilizing small and disadvantaged business.

(4) Developing systematic procedures, guidelines and regulations for assuring the effective implementation of the provisions of the Small Business Act, as amended, and Executive Orders 11625 and 12138.

(5) Maintaining liaison with the Small Business Administration (SBA) on matters regarding sections 8 and 15 of the Small Business Act, as amended (15 U.S.C. 637(a) and 644), and Executive Order 12138, and the Department of Commerce on matters relating to Executive Order 11625.

e. The Director, Office of Information and Public Affairs (OIPA) is responsible for:

(1) Reviewing all contracts for audiovisual productions including those which contain an audiovisual component along with other activities before the request is processed and approved by the Office of the Assistant Secretary for Administration and Management (OASAM) or another Agency to assure compliance with departmental and the Office of Management and Budget (OMB) requirements. All types of audiovisual productions are covered, including projects done for training, education, internal communications and/or public information purposes. Training and educational products will not be reviewed for content but rather for the professional quality, effectiveness and cost of the communications material being produced. (See Secretary's Order 6-83.)

(2) Reviewing all contracts for the rental or purchase of audiovisual equipment to be used in production work before the request is processed and approved by OASAM or another DOL Agency to assure compliance with departmental and OMB requirements. Production equipment includes motion picture and videotape cameras, editing equipment and duplication equipment for videotape and film. Review is not necessary for such equipment as still cameras, projectors and tape players, cassette tape players, etc.

f. The Procurement Review Board (PRB) is responsible for reviewing the following actions and recommending approval or disapproval to the ASAM (also refer to DLMS 2, Chapter 800, Section 836):

(1) All proposed acquisitions and assistance actions over the small purchase limitation as defined in the FAR Part 13 which are to be awarded under "other than full and open competition" procedures.

(2) All major acquisitions, within the Department, defined as:

(a) FIP resources with an estimated contract life cycle cost in excess of $2,500,000, or having significant computer systems architecture technology or compatibility ramifications for the Department.

(b) Acquisition instruments having significant impact on the Department.

(3) All contracted advisory services and modifications of any amount to be awarded under "other than full and open competition" procedures.

(4) All contracted advisory services over $50,000 to be awarded under "full and open competition" procedures.

(5) All modifications to construction contracts over $200,000 (other than for equitable adjustments pursuant to the "Changes" clause).

(6) All requests for ratification of unauthorized commitments.

813 Designated Contracting Officers and Grant Officers. Consistent with assigned contracting officer and grant officer

authorities, and subject to such regulations, policies, and procedures as may be prescribed by the Secretary of Labor or the ASAM, acting through the Procurement Executive, officials specified in the Secretary's Order 4-76 have been designated contracting officers and grant officers by the ASAM.

814 Delegations and Redelegations

a. Delegations may be further redelegated by the designated officials within their areas of assigned responsibility. Before issuing redelegations, agencies should consider the following factors to determine the extent to which authority shall be redelegated: Volume of contracting programs; presence of, or capability of obtaining adequately trained personnel; consolidation of smaller contracting programs and offices on a geographical basis; and the overall strengthening of the contracting process by the selection of qualified personnel. Agencies should periodically review their need for independent contracting authority as well as the structure of their contracting activity, including the number of warranted contracting officers. The following delegations are made subject to the compliance responsibilities, limitations, and exceptions which are specified in Paragraphs 815 through 817. Unless specifically listed below, request for imprest fund delegations follow DLMS 6-5, Chapter 1900 and Treasury Financial Manual (TFM) Volume I, Part 4.

(1) The Assistant Secretary for Employment and Training, or an officer acting in that capacity, is delegated authority and responsibility for:

(a) Obtaining all program property and services

required to fulfill the statutory and regulatory responsibilities imposed on the Assistant Secretary for Employment and Training.

(b) Approving of all grantee acquisitions of ADP equipment, software and services using grants-in-aid to State and local governments.

(c) Establishing and maintaining an imprest fund.

(2) The Assistant Secretary for Occupational Safety and Health, or an officer acting in that capacity, is delegated authority and responsibility for:

(a) Issuance of grant agreements with States as required under the statutory and regulatory requirements imposed on the Assistant Secretary for Occupational Safety and Health.

(b) Reimbursements to States, pursuant to section 7(c)(1) of the Occupational Safety and Health Act of 1970 (OSH Act of 1970) (29 U.S.C. 656(c)(1)) for State services, facilities, and personnel used to carry out the statutory and regulatory responsibilities imposed on the Assistant Secretary for Occupational Safety and Health.

(c) Issuance of grants, pursuant to section 21(b) of the OSH Act of 1970 (29 U.S.C. 670(b)) for short term training of personnel.

(d) Issuance of grants to nonprofit organizations for implementation of the expanded Employer-Employee Training Program under section 21(c) of the OSH Act of 1970 (29 U.S.C. 670(c)).

(3) The Assistant Secretary for Employment Standards, or an officer acting in that capacity, is delegated authority and responsibility for:

(a) Entering into agreements with States to enhance Federal/State cooperative efforts for the administration of comparable employment standards programs.

(b) Procuring medical services necessary for the adjudication of claims for injury and occupational disease filed by Federal employees in accordance with the Federal Employees Compensation Act (5 U.S.C. 8101, et seq.) and the Federal Coal Mine Health and Safety Act of 1969, as amended (Pub. L. 91-173, 83 Stat. 742).

(4) The Assistant Secretary for Mine Safety and Health, or an officer acting in that capacity, is delegated authority and responsibility for:

(a) Contracting for all program property and services required to fulfill the statutory and regulatory

responsibilities imposed on the Assistant Secretary for Mine Safety and Health.

(b) Issuing grants as required by the Mine Safety and Health Act of 1977 (30 U.S.C. 801 et seq.).

(c) Purchasing, leasing, or renewal of lease(s) of FIP resources in accordance with provisions of Paragraph 817, Section b.

(d) Establishing and maintaining an imprest fund.

(5) The Deputy Under Secretary for International Labor Affairs, or an officer acting in that capacity, is delegated authority and responsibility for:

(a) Contracting for supplies and services required in support of training and orientation of foreign nationals.

(b) Contracting for supplies and services required in support of overseas exhibitions required under statutory and regulatory responsibilities imposed on the Deputy Under Secretary for International Affairs.

(c) International responsibilities not funded by an annual appropriation.

(6) The Commissioner of Labor Statistics, or an officer acting in that capacity, is delegated authority and responsibility for:

(a) Issuing grants/cooperative agreements for supporting statistical economic research services, required under the statutory and regulatory responsibilities imposed on the Commissioner of Labor Statistics by Secretary's Orders 10-83 and 1-90.

(b) Selling special statistics developed by the Bureau of Labor Statistics in accordance with the Act of April 13, 1934 (29 U.S.C. 9 et seq.).

(c) Establishing and maintaining an imprest fund.

(d) Issuing FedStrip requests to the General Services Administration (GSA) for supplies and equipment. The point of contact for FedStrip redelegation accounts is the Chief, Branch of Storage and Distribution.

(7) The OASAM Regional Administrators, or officers acting in that capacity, are delegated authority and responsibility within their respective regions, for:

(a) Contracting for property and services required for the Regional Offices, including all imprest fund purchases, GSA Federal Supply Schedule purchases, and open market purchases. Open market purchases shall not exceed the small purchase limitations; however, the authority for data entry services may exceed the small purchase limitations. This authority also includes the acquisition of records equipment when the cost does not exceed the small purchases limitation for a single system.

(b) Purchasing, leasing, or renewal of lease(s) of FIP resources in accordance with provisions of DLMS-9, Section 412 (g).

(8) The Director, National Capital Service Center, or an officer acting in that capacity, is delegated contracting and grant authority, and responsibility for all property and services on behalf of DOL activities except for those contracting and grant responsibilities designated above. This includes (except for the Mine Safety and Health Administration (MSHA)) acquisition authority for the purchase, lease, and renewal of lease(s) of all FIP resources in accordance with provisions of 48 CFR 2901.603-1 Paragraph (a)(4)(ii) and Secretary's Order 4-76.

(9) The Inspector General, Office of Inspector General (OIG), or an officer acting in that capacity, taking authority from the IG Act, as amended, and as modified by agreement with the ASAM, has authority for obtaining all goods and services, other than for Federal Information Processing resources and small purchases, required to fulfill the statutory and regulatory responsibilities imposed on the IG.

b. Information copies of all redelegations and certificates for contracting officers and grant officers shall be forwarded to the Procurement Executive, Attention: Directorate of Administrative and Procurement Programs, OASAM.

c. Training for persons designated as contracting officers and grant officers shall be in compliance with DLMS 2-880, Paragraph 887e, and the most recent edition of the DOL Procurement Career Management Program Manual. Training Form DL-101 is limited for use for individual employees. Please consult the DOL Academy Training Policy Handbook for further information on use of this form.

815 Compliance Responsibilities. Each official designated in Paragraph 814 is responsible for:

a. Complying with the policies, procedures and reporting requirements established by the ASAM.

b. Complying with policies, procedures, and other requirements prescribed by OMB, GSA, and other central agencies, and such implementing instructions as the Department may issue. This specifically includes competitive purchases for services and products estimated to cost $25,000 or less. Also, restrictions apply to the use of advisory and assistance services contracts, audiovisual productions, the reporting of contract data for the Federal Procurement Data System, and to grant and cooperative agreement data for the Federal Assistance Awards Data System, etc.

816 Limitations to Delegations of Authority. Approval authority for competitive acquisition of consulting and related services costing may not be redelegated.

817 Exceptions to Delegations of Authority. The assignment of procurement responsibilities described in Section 814 are subject to the following exclusions:

a. Contracted Advisory Services. The ASAM retains authority and responsibility for approval of requests for contracted advisory services for individuals and organizations under the following circumstances:

(1) When acquisitions by either contract or purchase order are to be awarded without competition, regardless of amount, or for those competitive actions costing $50,000 or more.

(2) When modifications involving changes in dollar amounts, deliverables under contracts or (under rare circumstances) extensions to existing contracted advisory services contracts are required.

The heads of the contracting activities retain approval authority for the acquisition of contracted advisory services costing less than $50,000 which are obtained through competitive procedures.

b. FIP Resources. Authority to issue purchase orders and contracts for FIP resources is limited only to those officials in Paragraph 812 c. with procurement responsibility explicitly including this authority, and requires prior compliance with the provisions of 48 CFR 2901.603-1 Paragraph (a)(4) and Secretary's Order 4-76.

c. Ratification of Unauthorized Commitments. The ASAM retains authority and responsibility for approval of requests for ratification of unauthorized contract awards.

d. Other Than Full and Open Competition Procurements. Procurement actions exceeding $25,000 which are subject to review by the Procurement Review Board shall be processed in accordance with DLMS 2, Chapter 830.

e. Budget Limitations. The Chief Financial Officer of the Department, in furtherance of departmental needs or in conformity with Congressional, OMB, Treasury, GAO or other central agency directives, may limit all or certain categories of procurement to ceilings established in the budget and appropriations process.

f. Records Equipment. For compliance refer to DLMS 1, Chapter 400, Section 412(g).

g. Copier Equipment. Purchases of copier equipment require prior approval of the Division of Printing Management, DAPP, pursuant to DLMS 2, Chapter 500, Paragraph 578.

818 Monitoring

a. The Procurement Executive will periodically monitor DOL Agency procurement and grant functions to determine their effectiveness and adherence to Federal and DOL requirements.

b. The OSBP will periodically monitor DOL Agency procurement and grant functions which relate to preferential programs to determine their effectiveness and adherence to Federal and DOL requirements.

c. The Chief Financial Officer of the Department will review and monitor major contract disbursements in relation to projected costs, commitments, obligations, expenditures and deliveries of products and services.

819 Ratification of Unauthorized Commitments. Requests received by contracting officers for ratification of commitments made by personnel lacking contracting authority shall be processed as follows:

a. The individual who made the unauthorized contractual commitment shall furnish the contracting officer all records and documents concerning the commitment and a complete, written statement of facts, including, but not limited to, a statement as to why the acquisition office was not used, why the proposed contractor was selected and a list of other sources considered, description of work to be performed or products to be furnished, estimated or agreed contract price, citation of appropriation available, and a statement as to whether the contractor has commenced performance. Under exceptional circumstances, such as when the person who made the unauthorized commitment is no longer available to attest to the circumstances of the unauthorized commitment, the ASAM may waive the requirement that the responsible employee initiate and document the request provided the Head of the Contracting Activity (HCA as defined in 48 CFR 2902.101) determines in writing that the commitment was in fact made by an employee who shall be identified in the determination.

b. The request for ratification, an approved justification for noncompetitive acquisition, and the information required by section 819.a. above must be forwarded to the HCA for concurrence, together with recommended corrective actions to preclude recurrence.

c. If the HCA concurs with the request for ratification, the request and concurrence shall be forwarded to the ASAM for review by the Procurement Review Board. The PRB will review the request, the Justification for Non-Competitive Acquisition, and any comments or information submitted by the contracting officer which should be considered in evaluation of the request. Based upon this review, the advice from the Office of the Solicitor, and any other relevant information, the PRB shall recommend approval or disapproval of the request for ratification of the unauthorized commitment.

820 Rescission of Authority. The ASAM, acting through the Procurement Executive, reserves the right to rescind the procurement authority delegated herein if it is determined to be in the best interest of the Government to do so.

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