831 Purpose and Authority
a. Purpose. To provide Department of Labor (DOL) policies and procedures for carrying out the Procurement Management Program (PMP). The PMP consists of requirements for the submission of Annual Acquisition Plans (AAPs) and for the submission for prior review and approval of:
(1) Proposals to award noncompetitive contracts, discretionary grants, cooperative or interagency agreements, and modifications over the small purchase threshold including research, evaluation or development projects;
(2) Proposals to obtain contracted advisory services; and
(3) Proposed major systems acquisitions.
b. Authority. This section is issued pursuant to the requirements of:
(1) Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 486(c));
(2) Budget and Accounting Act of l921 (31 U.S.C. 1. et. seq.);
(3) Federal Acquisition Regulation (FAR), 48 CFR, Chapter 1;
(a) FAR Part 5, Publicizing Contract Actions (Appendix A-831);
(b) FAR Part 6, Competition Requirements (Appendix B-831);
(c) FAR Part 7, Acquisition Planning (Appendix C-831);
(4) ASAM Memorandum Policy Guidance -- OMB Circular No. A-120 on Advisory and Assistance Services, dated April 12, l989, hereinafter referred to as the "ASAM Memorandum";
(5) DOL Acquisition Regulation (DOLAR), 48 CFR Subparts 2901.6 and 2907; and
(6) Public Law 98-369, Competition in Contracting Act.
a. Acquisition or Assistance Instrument means any grant, contract, interagency agreement, or cooperative agreement.
b. Acquisition or Assistance Official means any grant officer or contracting officer.
c. Contracted Advisory Services (CAS) are advisory services required by an agency from non-Federal sources by contract to provide advice, recommendations, judgments, opinions or options. Acquisition or assistance officials should ensure that CAS activities are identified with appropriate Federal Procurement Data System (FPDS) codes.
[See: Appendix D-832, "Exemptions to the Definition for Contracted Advisory Services; and Exclusions (Activities Not Covered by OMB Circular A-120)."]
[See: Appendix E-832, "FPDS Product and Service Codes" for reporting Contracted Advisory Services on the FPDS Reporting Form SF 279.]
d. Discretionary Grants and Cooperative Agreements are those grants and cooperative agreements not directed by a formula.
e. Major Acquisitions. Within the Department, a major acquisition is defined as,
(1) Federal Information Processing (FIP) resources:
(a) with an estimated contract life cycle cost in excess of $2,500,000; or
(b) having significant computer systems architecture technology or compatibility ramifications for the Department.
(2) Acquisition or assistance instruments having significant impact on the Department.
a. The Assistant Secretary for Administration and Management (ASAM), acting through the Procurement Executive, is responsible, except as indicated in Paragraph 833 section b, for reviewing and approving requests to award noncompetitive (sole source) acquisition or assistance instruments and FIP resource acquisition or assistance instruments as described in Paragraph 836, section b.
b. The Procurement Executive, or a designee, is responsible for:
(1) Monitoring DOL agency, except Office of Inspector General (OIG), acquisition functions to determine their effectiveness and adherence to Federal and DOL requirements;
(2) Prescribing policies, procedures and standards regarding the solicitation, award and administration of DOL acquisition or assistance instruments, and for promoting DOL programs and objectives through financial assistance;
(3) Providing guidance and technical assistance to agencies to assure that appropriate acquisition procedures are being used, and for conducting studies and reviews as may be necessary to accomplish that purpose;
(4) Ensuring the existence of Information Resource Management (IRM) certifications which attest that the proposed acquisition is compliant with the Federal Information Resources Management Regulations (FIRMR), FAR, and other Federal regulations;
(5) Redelegating GSA's exclusive procurement authority for FIP resources to appropriate acquisition or assistance officials; and
(6) Serving as Executive Director of the Procurement Review Board.
c. The Procurement Review Board (PRB) (Paragraph 836 provides a detailed description of PRB responsibilities) is responsible for reviewing various acquisition activities and recommending approval or disapproval to the ASAM. The Office of Acquisition Integrity serves as staff to the PRB.
d. DOL Agency Heads are responsible for:
(1) Exercising leadership and managerial control over the acquisition process to assure adherence with policies, regulations, departmental guidelines and reporting requirements; and
(2) Designating a Competition Advocate for the Agency.
[See: Appendix B-831, FAR 6.502]
e. The Departmental Competition Advocate. Appendix B-831 provides a detailed description of Competition Advocate responsibilities. In addition, the Departmental Competition Advocate is responsible for encouraging competition in the award of discretionary grants and cooperative agreements.
f. The Director, Office of Small and Disadvantaged Business Utilization is responsible for reviewing AAPs to ensure that proper emphasis is given to the Department's preferential acquisition programs and that planned acquisitions are adequate to meet program goals.
g. Acquisition or Assistance Officials. In exercising their delegated authority, all acquisition or assistance officials are responsible for implementing the policies of acquisition planning and competition contained in FAR Parts 5, 6, and 7 (See Appendices A-831, B-831, and C-831). Acquisition or assistance officials shall give particular attention to the "needs theory" dealing with the obligation of funds (i.e., the appropriate fiscal year's funds to use). This includes:
(1) The date on which the acquisition or assistance instrument actually was signed;
(2) The period to which a bona fide need for the goods and services may be attributed; and
(3) The split of obligations between fiscal years when an acquisition or assistance instrument period spans more than one fiscal year.
834 Acquisition Planning
a. Policy. It is the policy of the Department that agencies shall implement an active acquisition planning process. The efforts of personnel responsible for acquisition actions are to be coordinated and integrated through a comprehensive plan for fulfilling agency needs in a timely manner and at a reasonable cost. This process includes developing an overall strategy for managing each acquisition. A second planning responsibility requires agency development of an Annual Acquisition Plan (AAP) as outlined in detail below. The primary purpose of the plan is to provide information to interested parties within the Department so that the proposed acquisitions can proceed expeditiously.
b. Agency Planning for Individual Actions. Agencies shall perform acquisition planning to promote and provide for competition to the greatest extent practicable. (See Appendix B-831.) The planning process shall begin as soon as needs are identified, and preferably well in advance of the fiscal year in which award is contemplated. It is the responsibility of the program official(s) to include the acquisition or assistance official in the planning process as soon as practicable. For contracts, agencies shall complete the planning process in accordance with FAR Part 7 (see Appendix C-831) and, for FIP acquisitions, particular attention should be paid to requirements for compatibility with existing or future programs. Planning for discretionary grants, cooperative agreements, and interagency agreements should be guided by each agency's internal procedures. Agencies shall pay particular attention to ensure that the anticipated dollar value of designated awards for small business, including 8(a), concerns equal or exceed prime and sub-contracting goals.
c. Annual Acquisition Plan (AAP)
(1) Introduction. The AAP is the Department's summary acquisition planning document submitted by the agencies for review by a series of users, each with a different mandate. Formal consolidated feedback on each AAP will be provided by the ASAM to the appropriate DOL executive staff. The initial fiscal year [program year (PY) for Job Training Partnership Act (JTPA)] AAP is due on a date established by the Procurement Executive. Periodic updates may be required when there are changes to the original AAP. (See paragraph c(5) below, "Periodic Updates.")
(2) Submittal Requirements. The AAP should be submitted to the Procurement Executive, on a date established annually by the Procurement Executive; six (6) copies of the plan are required. Each agency of the Department is required to develop an AAP outlining all planned acquisition or assistance instruments keyed to the original fiscal year's Congressional budget submission, and modified by any known adjustments.
Grants and cooperative agreements directed by formula allocation are not considered discretionary. The following are examples of current grant programs which have been identified as discretionary:
(a) VETS - The discretionary portion of JTPA, Title IV, Part C.
(b) OSHA - the New Directions Program plus all grants awarded to institutions of higher education whether state supported or not.
(c) ETA - JTPA Title IV, Part D, research and demonstration grants, and pilot program grants. Also, any grants which provide for technical assistance and training to recipients.
(d) ETA - JTPA Title IV, Part A, Migrant and Seasonal Farmworker grants.
Discretionary grants and cooperative agreements (as defined above) awarded to any organization including states, state agencies, local governments, or Indian tribes are to be included in the AAP. (See Appendix F-834.)
The National Capital Service Center will consolidate into one package the individual AAPs of Departmental Management Components including Office of the Assistant Secretary for Administration and Management (OASAM).
(3) AAP Review Process. The Procurement Executive will distribute each agency's AAP for information. The following departmental organizations perform a specific function in this process:
(a) The Procurement Executive will review the AAP to obtain an early indication from each agency regarding activities that are major acquisitions, or will be conducted using "other than full and open competition" thereby requiring later review by the Procurement Review Board (PRB).
(b) Chief Financial Officer will review the AAP to ensure that agencies do not exceed approved budget levels. This may involve sensitive acquisition items as identified by the Office of Management Budget (OMB) or by statute.
(c) The Director, Office of Small and Disadvantaged Business Utilization (OSDBU) will review the AAPs to determine the consistency of acquisitions and reasonableness of dollar volumes for potential set-aside actions considered for preferential program participants as compared to agency goals.
(d) The Director, Directorate of Information Resources Management (DIRM) will review the AAPs to ensure that planned FIP resource acquisitions are consistent with each agency's approved long-term IRM strategy.
(4) AAP Forms. Each agency's AAP submission will consist of a cover memorandum and appropriate form(s). See Appendices F-834 to this Section.
(5) Periodic Updates. An AAP update shall be submitted to the Procurement Executive when:
(a) After submission of an AAP, the agency identifies a requirement which it believes will require an unrestricted competition and the anticipated dollar value exceeds $250,000;
(b) An increase of more than $250,000 occurs in a requirement which was proposed as an unrestricted competition and was included in the agency's original submission; or
(c) Any requirement with an estimated value over the small purchase threshold which is proposed as a sole source acquisition.
(6) Competition. The AAP identifies "other than full and open competition" acquisition actions planned by a reporting agency. If a plan includes such an item, coordination with the appropriate competition advocate is required prior to the submission of the AAP to the Procurement Executive. It should be noted that items which will be awarded under the small business set-aside provisions are considered to be full and open competition acquisitions.
835 Conflict of Interest Guidelines Affecting Sole Source and Other Than Full and Open Acquisitions. The following steps shall be taken to identify possible conflicts of interest or the appearance of one:
a. The program official responsible for an "other than full and open competition" request or a request for contracted advisory services shall, as part of the request, explain any past or existing business or personal relationships with the proposed recipient or certify that none exist.
b. The Procurement Executive will periodically review the financial disclosure forms of involved DOL officials, submitted pursuant to the Disclosure Requirements of 29 CFR 0.735-18. (See 29 CFR 0.735-24.)
c. The PRB will review potential conflict of interest situations and make appropriate recommendations to the Assistant Secretary for Administration and Management.
836 Procurement Review Board (PRB)
a. Policy. A Procurement Review Board (PRB) is hereby established in the Department of Labor. It is the policy of DOL that all requests to award acquisition or assistance instruments, or modifications to acquisition or assistance instruments are subject to review by the PRB, which recommends approval or disapproval to the ASAM. Approval by the ASAM does not constitute award; an acquisition or assistance instrument may be awarded only by the acquisition or assistance official.
b. Applicability. The following actions are subject to review by the PRB and approval by the ASAM:
(1) All proposed acquisitions over the small purchase threshold as defined in the FAR to be awarded under "other than full and open competition" procedures;
(2) Certain full and open major acquisitions as referred by the Office of Acquisition Integrity (OAI/DAPP);
(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); and
(6) As part of the review by the PRB, all proposed "other than full and open competition" acquisitions for research, evaluation, demonstration, pilot, or development projects over the small purchase threshold shall be reviewed by the designee of the Assistant Secretary for Policy (ASP).
c. Acquisition or Assistance Instruments. The PRB will review selection of the proposed acquisition or assistance instrument indicated on the request for noncompetitive actions. However, the acquisition or assistance official shall be responsible for selecting the proper instrument to be used for the resulting action.
d. Exemptions and Partial Exemptions. The following types of acquisition or assistance instruments are exempt wholly or partially from PMP requirements.
(1) Exemptions. The PRB reviews only those acquisitions which are most sensitive. However, the fact that certain acquisitions are exempt from review by the PRB does not mean that they may be entered into indiscriminately. All acquisitions are subject to applicable laws and the FAR, specifically the requirements of FAR 13.106 and 13.107 and DOLAR 2913.106 and 2913.107. The following are exempt from prior review by the PRB:
(a) Acquisition or assistance instruments with:
1. Formula allocated or other recurring requirements to state or local governments and agencies thereof (includes state and local entities whose grant administration requirements are covered under OMB Circular A-102; does not include state colleges or universities unless designated by the state as a program grant recipient), except that each agency is required to submit a report to the Procurement Executive of all sole source grants and contracts awarded without PRB review and which are not formula allocated or other recurring requirements to state agencies; or
2. Indian tribes on Federal and state reservations.
(b) Acquisition or assistance instruments with public agencies, or with public or private nonprofit organizations referenced to receive funds under Section 506, Title of the Older Americans Act of l965, as amended.
(c) Acquisition or assistance instruments by the Employment Standards Administration for diagnostic and evaluation services necessary for the adjudication of claims filed under the Black Lung Benefits Act, the Longshore Harbor Worker's Compensation Act and the Federal Employees' Compensation Act, and for medical and rehabilitation supplies and services necessary for the treatment of persons found entitled to benefits under those Acts.
(d) Purchase orders from GSA Federal Supply Schedules.
(2) Partial Exemptions. Proposed acquisitions to be awarded under the Section 8(a) program must be included in the AAP but are exempt from prior review by the PRB provided they are not for contracted advisory services.
e. Structure of the Procurement Review Board. Members of the PRB include:
(1) The Procurement Executive, or designee, who is designated Executive Director;
(2) A designee of the Chief Financial Officer;
(3) A designee of the Solicitor;
(4) A designee of the Assistant Secretary for Policy with special responsibility for research, evaluation, demonstration, or development acquisitions over the small purchase threshold; and
(5) The Director, Division of Procurement and Grant Policy (DPGP/OASAM), who also serves as the Departmental Competition Advocate and, as a non-voting member of the PRB, provides advice and assistance to the Board.
In addition to Board members, an official from the requesting office may be present, upon prior notification, to provide any required clarification or additional information. No representative of any proposed recipient of an award shall be present.
f. Procurement Review Board Responsibilities. The primary function of the PRB is to serve as a senior-level clearinghouse to review proposed noncompetitive and major acquisitions.
(1) Other Than Full and Open Acquisition Instruments. If the acquisition vehicle is an "other than full and open" contract for supplies and services, review by the PRB and approval by the ASAM only authorizes the initiation of a noncompetitive acquisition. Disapproval by the ASAM of a proposed acquisition will mean that the acquisition instrument may be awarded only with full and open competition.
However, ASAM approval is not the final determination for use of "other than full and open competition". Before a proposed acquisition instrument can be awarded with "other than full and open competition", the justification for such a noncompetitive action must be prepared in accordance with FAR 6.303 and approved by the official specified in FAR 6.304. The justification in FAR 6.303 and the approvals in FAR 6.304 are required by the Competition in Contracting Act and are in addition to the PRB review and ASAM approval.
After the ASAM approves initiating a noncompetitive proposed acquisition, the acquisition official shall publish the action in the Commerce Business Daily (CBD) in accordance with the provisions of FAR 5.2. If, after considering any responses to the CBD notice of a proposed sole source (only one responsible source) acquisition instrument action the acquisition official determines that more than one source can meet the Government's needs, the acquisition official shall solicit offers using competitive procedures (see FAR l5.402(h)). If the acquisition official determines to proceed with a noncompetitive acquisition, the "Justification for "other than full and open competition"" must include a listing of the sources, if any, that expressed, in writing, an interest in the acquisition (see FAR 6.303-2(a) (10)). Acquisitions may be awarded under "other than full and open competition" procedures only when properly justified in accordance with FAR 6.303 and approved in accordance with FAR 6.304.
(2) Grants and Cooperative Agreements. For grants and cooperative agreements, the PRB determines if competition is appropriate for the proposed action. Unfavorable review by the PRB and disapproval by the ASAM means that the grant or cooperative agreements in question must be competed. With favorable PRB action and ASAM approval, the noncompetitive action can go forward. For approved actions, CBD and/or Federal Register publication may be required if the Board feels that competition may be enhanced by the public statement of need.
(3) Major Acquisitions. For major acquisitions, the PRB determines if the agency requirement is in reasonable compliance with all DOL acquisition, program, financial, and budgetary policies.
g. Reasons for Noncompetitive Awards. FAR 6.302 lists the only circumstances permitting "other than full and open competition" in the award of contracts.
The Federal Grant and Cooperative Agreement Act encourages competition, where deemed appropriate, in the award of grants and cooperative agreements. Competition is deemed appropriate in awarding discretionary grants and cooperative agreements unless one or more of the following exceptions apply:
(1) A noncompetitive award is authorized or required by statute.
(2) The activity to be funded is essential to the satisfactory completion of an activity presently funded by DOL, wherein competition would result in:
(a) An adverse effect on continuity of the activity;
(b) Excess cost to the Government;
(c) A disruption to program services; or
(d) A delay in time of completion.
(3) Services are available from only one responsible source and no substitute will suffice; or the recipient has unique qualifications to perform the type of activity to be funded.
(4) The recipient has submitted an unsolicited proposal that is unique or innovative and has outstanding merit.
(5) The activity will be conducted by an organization using its own resources or those donated or provided by third parties, and DOL support of the activity would be highly cost effective.
(6) It is necessary to fund a recipient that has an established relationship with the agency in order to:
(a) Maintain an existing facility or capability to furnish services or benefits of particular significance to the agency on a long term basis; or
(b) Maintain a capability for investigative, scientific, technical, economic, or sociological research.
(7) The Secretary has determined that a noncompetitive award is in the public interest. This authority may not be delegated.
h. Submission of Requests to the Procurement Review Board. To initiate action by the PRB, an Agency proposing to enter into an acquisition subject to PRB review shall forward a request for review complete with justification and signed by the Agency Head to the ASAM. The request and justification shall be submitted on Form DL 1-490, General Information for Procurement Review Board (Appendix G-836). The justification need not be extensive but should cite the authority for "other than full and open competition" in FAR 6.302 for contracts or in Paragraph 836 for grants and cooperative agreements and should explain why the cited authority applies. Requests shall be forwarded at least 60 days prior to planned award or sooner if additional time is needed to permit acquisition by competition in the event of disapproval of the noncompetitive selection. The request package shall consist of five (5) copies of the request and justification.
This request for PRB action should not be confused with the Justification for "other than full and open competition" required by the Competition in Contracting Act, implemented at FAR 6.303. (See Appendix B-831.) This justification is prepared by the agency in conjunction with the acquisition or assistance official, and signed in accordance with the dollar amount of the acquisition.
i. Procedures for Review of Requests. The following processing procedures will be used for all requests for PRB review:
(1) Upon receipt of the request, a case number is assigned and a review will generally be scheduled within 10 working days for contracted advisory services actions, and five (5) working days for all other actions. Board members shall not review acquisitions initiated within their area of responsibility and shall abstain from voting if it becomes apparent that their office has an interest in any proposed acquisition under review. Although the full Board normally shall meet to consider all acquisition requests, the Executive Director and one Board member will constitute a quorum.
(2) The Executive Director or his/her designee shall preside at all meetings or other gatherings of the Board, be entitled to vote, ensure that notifications of reviews and Board decisions are made in a timely manner, and arrange for case files to be established and maintained.
(3) PRB recommendations shall be determined by a majority vote. A tie vote will be considered to be a recommendation against approval.
(4) Following the vote, the Executive Director shall forward the Board recommendation for approval or disapproval to the ASAM. Written notification of the ASAM's decision will be forwarded promptly to the originating DOL Agency Head. Upon receipt of the decision, it is the responsibility of the originating DOL Agency Head to take all further actions in accomplishing the acquisition. If a request is disapproved, a request for further review may be made only if additional substantive information becomes available.
837 Special Procedures For Obtaining Approval For Contracted Advisory Services
a. Applicability of Existing Instructions. All procurement and contract actions shall be carried out in accordance with applicable provisions of the FAR, the DOLAR, and the ASAM Memorandum.
b. Preparation of Requests for Contracted Advisory Services (Step 1)
(1) Contracted Advisory Services by Contract or Purchase Order. Agency Heads must prepare a written justification for any contracted advisory services requirement to be awarded by contract or purchase order without full and open competition. Agency Heads must also prepare a written justification for any contracted advisory services requirement over $50,000 which will be awarded with full and open competition. This written justification shall be forwarded to the PRB through the DPGM, OASAM, at least sixty (60) days prior to the proposed effective date of the contract. Generally, requests for such services will be scheduled for review by the PRB within twenty-one (21) working days. Agency Heads retain final authority for full and open competition procurement actions under $50,000. Regardless of the type of action planned, the justification should include the following:
(a) A statement of need which certifies that the requested services do not unnecessarily duplicate any previously performed work;
(b) Nature and scope of the problem, the results expected, and the manner in which the project will relate to any impact on agency administration and/or program management;
(c) Extent to which in-house staff availability was assessed, and the reasons why procurement of outside services are necessary;
(d) Any additional information or data which supports the requirement for a contract; and
(e) Name(s) and title(s) of official(s) who will be assigned as project officer(s) to work with the contractor, including persons to be contacted for additional information.
Consistent with the procedures outlined in this section, the request package for contracted advisory services shall include five (5) completed copies of the justification, as well as the Contracted Advisory Services Contract Information Sheet, Form DL 1-490A (Appendix H-837).
c. Departmental Review of Requests for Contracted Advisory Services (Step 2)
(1) Procurement Review Board. The PRB shall have the responsibility of recommending to the ASAM whether the proposed award constitutes a valid requirement for the Department or is questionable.
(2) Contracts. Upon receipt of a request for contracted advisory services by contract, the PRB will review the request and, at its discretion, seek expert advice on the availability of resources within DOL or elsewhere in Government to satisfy the work requirements. Even when the PRB looks favorably upon a request to obtain a consultant, the submitting agency will be urged to ascertain if the consultant can be hired through personnel appointment.
After the PRB has completed its review of a request, it will make a recommendation of approval or disapproval to the ASAM. If the request for contracted advisory services for an award either under the full and open competition procedures or the "other than full and open competition" procedures is approved, the Agency Head will be promptly notified of the decision. If a request is disapproved for any reason, the Agency Head will be notified in writing with a full explanation of the decision. Agencies may resubmit any request that was disapproved only if additional substantive information is made available.
(3) Exclusions. Agency Heads retain final approval authority for contracted advisory services contracts costing less than $50,000, which are obtained through the full and open competition procedures. This authority may not be redelegated.
d. Contracting for Contracted Advisory Services (Step 3). Agency Heads, upon receipt of the memorandum of approval from the ASAM on a request for contracted advisory services, shall forward the purchase request package to the contracting officer. The documentation forwarded to the contracting officer shall include the original package reviewed by the PRB, including financial certification and the ASAM approval memorandum. The contracting officer shall proceed with contracting activities pursuant to the requirements set forth in Federal and DOL acquisition regulations.
e. Administration of Contracted Advisory Services Contracts (Step 4)
(1) Contract Modifications. All modifications involving changes in dollar amount, deliverables under the contract, or (under rare circumstances) extensions to the contracts, and purchase orders are subject to the same procedures for approval described in the previous paragraphs of this section.
(2) Contracts and Purchase Orders. Documentation for modifications to existing contracts and purchase orders shall include the following:
(a) A description of the new work and the justification for the modification or extension;
(b) An explanation of why the new work was not included or could not be anticipated in the original request;
(c) A summary of any prior modifications (including dollar amounts) to the contract; and
(d) Reasons why additional modifications will or will not be necessary. Modifications that are outside the scope of work of the original contract must be processed as a new procurement.
(3) Time Limitations. Contracted advisory services contracts and purchase orders which exceed twelve (12) months in duration shall be subject to the formal cost comparison analysis procedures of OMB Circular A-76 whenever in-house performance is feasible and the contract is not awarded under an authorized exception. (See paragraph 836d.)
(4) Program managers are responsible for the evaluation of completed CAS activities within thirty (30) days of completion of the contract. A copy of this evaluation will be filed in the official contract file prior to closeout. For contracts and purchase orders below $100,000, agencies shall document their files with a copy of the final report or end product and a brief statement on the usefulness of the services to the agency.
838 FIP Resource Acquisitions
a. Policy. GSA's exclusive procurement authority for FIP resources is delegated to an agency via a Delegation of Procurement Authority (DPA) through either "regulatory" or "specific" delegations. A third type of delegation, "agency", is used to modify the level of regulatory delegation defined by FIRMR 201-20.305-1. The Procurement Executive is responsible for determining whether the proposed acquisition should be regarded as a FIP resource acquisition and, if so, to classify it in terms of:
(1) Type(s) of FIP resource;
(2) Compatibility limited requirements;
(3) Make and model specifications; and
(4) Major acquisition criteria.
Based on these determinations the Procurement Executive shall use regulatory delegations, or seek specific delegations from GSA for the purpose of redelegating FIP resource procurement authority to appropriate acquisition officials.
b. Submissions. The Procurement Executive shall accept requests for a DPA to acquire FIP resources only from DIRM. There are four types of requests:
(1) Generic - A request associated with an approved agency infrastructure. DLMS 9, Chapter 400 provides that the Designated Senior Official (DSO) may approve an agency infrastructure. Once approved, the Procurement Executive shall redelegate the "regulatory delegation" of GSA's exclusive procurement authority for FIP resources to the contracting officer on behalf of the Agency upon receipt from DIRM of:
(a) A certification that the DSO has approved the agency infrastructure;
(b) A statement establishing the dollar limits for each type of FIP resources;
(c) A certification that the agency has identified any compatibility limited or specific make and model requirements as part of the agency's infrastructure; and
(d) A certification that the provisions of FIRMR 201-20, parts 103-4 and 103-5 have been addressed where applicable.
(2) Specific open - A request to initiate "full and open competition" for specific FIP resources. Required documentation for this type of request is a DIRM certification that the request complies with the appropriate provision of DLMS 9, Chapter 400.
(3) Specific compatible - A request to initiate "full and open competition" with compatibility limited requirements for specific FIP resources. Required documentation for this type of request is a DIRM certification that the request complies with the appropriate provision of DLMS 9, Chapter 400, and a certification that the provisions of FIRMR 201-20.103-4 have been complied with for each compatibility limited requirement.
(4) Specific closed - A request to initiate "other than full and open competition," for specific FIP resources. Required documentation for this type of request is a DIRM certification that the request complies with the appropriate provision of DLMS 9, Chapter 400, and a certification that the provisions of FIRMR 201-20.103-5 have been complied with for each make and model requirement.
c. Procedures. The Procurement Executive shall review the submission and provide DIRM with any requests for clarification within ten (10) working days. Simultaneous with that review, the Procurement Executive shall make a determination about the classification of the submission.
The Office of Acquisition Integrity, serving as staff to the PRB, shall develop an opinion paper for presentation to the Board in those cases where:
(1) The Department's regulatory DPA is exceeded by the submission (any part);
(2) The submission is for a major acquisition; or
(3) The submission is for "other than full and open competition" and has a value over the small purchase threshold.
FIP resource acquisitions presented to the PRB are covered by the policies and procedures specified in Paragraph 836.
In those cases where the Department's regulatory DPA has been exceeded, the Procurement Executive shall prepare an Agency Procurement Request (APR) to obtain a specific DPA from GSA.
In those cases where a submission is for "other than full and open competition", and has a value over the small purchase threshold, approval of the ASAM must be obtained before any redelegation can occur (or, if appropriate, before an APR may be submitted).
d. Redelegations. The Procurement Executive shall redelegate FIP resource procurement authority only to appropriate acquisition officials. Acquisition officials shall ensure that such redelegation has been issued prior to initiating any acquisition activity.
U. S. DEPARTMENT OF LABOR
GENERAL INFORMATION FOR
Date Received ___________ Review No._________
Name - Responsible Program Official Phone No.
Name - Contracting Officer Phone No.
__________________________________________________________________________________ 1.Title and purpose of proposed procurement, including end products desired. Be specific.
Use additional sheets if necessary.
NOTE: If the proposed procurement is for Contracted Advisory Services, complete
DL 1-490A, Contracted Advisory Services Contract Information Sheet.
2. Contract Information: Estimated Cost: $___________
Proposed Period of Performance: From: To:
3. Type of Agreement Contemplated:
( ) Cost-reimbursement contract ( ) Fixed price contract
( ) Cost + Fixed Fee Contract ( ) Grant
( ) Other Agreement ( )Cooperative Agreement
4. Proposed Contractor: ( ) Nonprofit ( ) Profit
5. Other current contracts or grants with DOL: ( ) None
If other contracts, grants, or agreements exist, furnish the following information, using additional sheets as necessary:
Title of Project:
Contract/grant/agreement number: Period of performance:
( ) Sole Source ( ) Competitive Amount:
6. Have alternative sources or approaches been reviewed such as utilization of current staff, conducting market surveys (FAR) 7.101 or publishing a sources sought notice in the CBD.
7. If the request for sole source approval is based on an existing proposal, was the proposal solicited?
( ) Yes. If solicited, by what means?
( ) No. If unsolicited, were any actions taken to influence its submission? Explain.
8. Cite the authority for a noncompetitive award. See FAR 6.302-1 through 6.302-7 for contracts
and DLMS 2-836(g) (1) through (7) for grants and cooperative agreements. Explain why the
authority cited applies.
9. What actions are contemplated to remove any barriers to competition before any future acquisition
of such supplies or services?
10. CONFLICT OF INTEREST CERTIFICATION: The Program Official and Head of the Agency
shall explain any past or existing relationships with the proposed recipient or certify that there are none.
PROGRAM OFFICIAL -- I certify that the following information is complete and accurate to
the best of my knowledge.
A. Describe any business relationship (including grants and contracts) with proposed recipient
B. Describe any personal or financial relationship as defined in 18 USC 208 with proposed recipient
____________________________ (signature) ______________ (date)
HEAD OF AGENCY -- I certify that the following information is complete and accurate to
the best of my knowledge.
A. Describe any business relationship (including grants and contracts) with proposed recipient
B. Describe any personal or financial relationship as defined in 18 USC 208 with proposed recipient
__________________________ (signature) ____________ (date)
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