APPENDIX - GG Table Of Contents

      Appendix GG

Appendix GG

Part Title of Section Description of Authority Federal Reference (FAR) Federal Approving Official Delegable Level Defense Reference (DFARS/PGI) Defense Approving Official Delegable Level Army Reference (AFARS) Army Approving Official/Designee Delegable Level
1 Preaward Peer Reviews Conducting a preaward peer review for contracts for competitive procurements above $1B, except MDAP/USD(A&S) special interest programs. 201.170(a)(1)(i) DASA(P) Yes No limitation 5101.170(a)(1)(i) DASA(P) Yes HCA non-delegable, except for DASA(P) special interest acquisitions
1 Preaward Peer Reviews Chairing Solicitation Review Board (SRB) and a Contract Review Board (CRB) for competitive procurements valued at $250M or more but less than $1B; or noncompetitive procurements valued at $250M or more but less than $1B. - - - - 201.170(b)(1) and (2) - - - 5101.170(b) HCA Yes No Lower than the SCO
1 Preaward Peer Reviews Chairing SRB and CRB for all procurements valued at $50M or more but less than $250M. - - - - 201.170(b)(1) and (2) - - - 5101.170(b) SCO Yes No Lower than the CoCO
1 Preaward Peer Reviews Chairing SRB and CRB for all procurements valued below $50M - - - - 201.170(b)(1) and (2) - - - 5101.170(b) SCO or Desginee No -
1 Independent Managemet Reviews (formally Postaward Peer Reviews) Conducting a IMRs for contracts for services valued at $1B or more - - - - - - - - 5101.170(b) DASA(P) or SSM No -
1 Independent Managemet Reviews (formally Postaward Peer Reviews) Conducting a IMRs for contracts for services valued at $100M or more but less than $1B - - - - - - - - 5101.170(b) HCA Yes No Lower than the SCO
1 Agency Acquisition Regulations Issue or Authorize the issuance of agency acquisition regulations that implement or supplement FAR. 1.301 Agency Head Yes No Limitation No additional Guidance - - - 5101.301 ASA(ALT) Yes DASA(P), without further delegation
1 Deviations from the FAR Approval of Class Deviation 1.404(b) In accordance with DFARS - - 201.404(b)(ii) SPE Yes No limitation 5101.404(b)(ii) SPE Yes DASA(P), without power to further delegate
1 Ratification of Unauthorized Commitments Ratification of Unauthorized Commitments 1.602-3(b) HCA, unless a higher level official is designated by the agency Yes No lower than CoCO No additional Guidance - - - 5101.602-3(b) HCA Yes HCA non-delegable above $100,000, except to USACE Director of Contracting, HQ, or Commander, ACC. Greater than $10,000 up to $100,000, no lower than SCO. $10,000 or less, no lower than the chief of contracting
1 Career Development, Contracting Authority, and Responsibilities Selection, Appointment, and Termination of Appointment for Contracting Officers 1.603-1 Agency Head Yes No Limitation (consistent with OFPP standards) No additional Guidance - - - 5101.603-1 ASA(ALT) Yes DASA(P) or HCA, with further delegation to No Lower than the CoCO
3 Procurement Integrity Disclosure, protection, and marking of contractor bid or proposal information and source selection information. 3.104-4(a) Agency Head or Contracting Officer Yes No limitation No additional Guidance - - - 5103.104-4(a) ASA(ALT) or Contracting Officer Yes Personnel serving in the positions identified in AFARS 5103.104-4(a)(i) through (vii).
3 Procurement Integrity Authorization of disqualified official to resume participation in a procurement 3.104-5(c)2 HCA Yes No limitation No additional Guidance - - - 5103.104-5 HCA Yes No lower than SCO. If SCO is disqualified individual, HCA will make the determination.
3 Procurement Integrity Actions and determinations related to possible or actual procurement integrity violations 3.104-7(b) - (g) HCA Yes No lower than one level above KO and of GO, Flag, SES, or equivalent rank No additional Guidance - - - 5103.104-7 HCA at GO/SES equivalent rank; otherwise DASA(P) Retain -
3 Treatment of Violations Actions and determinations against contractor under a contract containing Gratuities clause 3.204(a) Agency Head Yes No limitation No additional Guidance - - - 5103.204(a) ASA(ALT) Yes Suspension and Debarment Official or other senior official designated by the Judge Advocate General
3 Treatment of Violations Make the determination whether to terminate the contractor’s right to proceed under the contract, and, if so, whether to assess exemplary damages and in what amount. 3.204(c) Agency Head Yes No limitation No additional Guidance - - - 5103.204(c)(i) ASA(ALT) Yes HCA, without power to further delegate
3 Contracts with Government Employees or Organizations Owned or Controlled by Them Authorization of exception to requirement to not award contract to Gov't employee or their business / organization 3.602 Agency Head Yes No lower than HCA No additional Guidance - - - 5103.602 No Lower Than HCA No -
3 Voiding and Rescinding Contracts Make determinations concerning voiding and rescinding contracts upon final conviction for bribery, conflicts of interest or violations of 18 U.S.C. 201-224. 3.703 Agency Head Yes No limitation 203.703 No lower than an official appointed by and with advice of the Senate Yes No lower than an official appointed by and with advice of the Senate 5103.703 ASA(ALT) Retain -
3 Voiding and Rescinding Contracts Consider declaring void and rescinding contracts, recovering amounts expended, and recommending suspension/debarment upon conviction/preponderance of evidence for an offense punishable under 41 U.S.C. 2105 3.704(c) HCA Yes No limitation No additional Guidance - - - 5103.704(c) HCA at GO/SES equivalent rank; otherwise DASA(P) Retain -
3 Remedies (Whistleblower Protections for Contractor Employees) Direct the contractor to take certain actions - - - - 203.906 Agency Head Yes No limitation 5103.906 ASA(ALT) Yes HCA, without power to further delegate
3 Preventing Personal Conflicts of Interest for Contractor Employees Performing Acquisition Functions Authority to impose conditions that mitigate conflicts of interest or grant a waiver 3.1104 HCA No - No additional Guidance - - - - HCA No -
4 Electronic Commerce In Contracting Establishment and Use of Electronic Commerce 4.502(b) and (c) Head of Agency Yes No Limitation No additional Guidance - - - 5104.502-90 ASA(ALT) Retain -
4 Contract Reporting Responsibility for developing and monitoring a process to ensure timely and accurate reporting of contractual actions to FPDS 4.604(a) SPE Yes No Limitation No additional Guidance - - - 5104.604(a) SPE Yes DASA(P), without power to further delegate
4 Closeout of Contract Files Assignment of highest priority to close out of contracts awarded for performance in contingency area - - - - 204.804(2) HCA Yes No limitation 5104.804(2) HCA Yes No lower than CoCO
4 Reporting Contract Information to the IRS Requirement for Federal Agencies to Report Certain Information to the IRS 4.903(a) Head of Federal Agency Yes No Limitation No additional Guidance - - - 5104.903(a) ASA(ALT) Yes DASA(P),without power to further delegate
5 Availability of Solicitations Determination that use of Government Point of Entry (GPE) is not in the Gov't's interest 5.102(a)(5)(iii) SPE Yes No limitation No additional Guidance - - - 5105.102(a)(5)(iii) SPE Yes HCA, with authority to delegate to No lower than SCO
5 Release of Long-Range Acquisition Estimates Release of long-range acquisition estimates 5.404-1(a) Agency Head Yes No limitation No additional Guidance - - - 5105.404-1(a) ASA(ALT) Yes HCA, with authority to delegate to No lower than CoCO
5 Paid Advertisements Heads of contracting activities are delegated authority to approve the publication of paid advertisements in newspapers. 5.502 Agency Head Yes No limitation 205.502 HCA Yes No limitation 5105.502(a) HCA Yes No lower than 1 level above the KO
6 Establishing or Maintaining Alternative Sources Exclusion of a particular source from a contract action in order to establish or maintain an alternative source(s) for the supplies or services being acquired 6.202(a) Agency Head Yes No Limitation No additional Guidance - - - 5106.202(a) ASA(ALT) Yes Approval Levels IAW 5106.304(a)(2), (3) and (4).
6 Only one responsible source and no other supplies or services will satisfy agency requirements. Authority to enter into contracts for studies, analyses, or consulting services on the basis of an unsolicited proposal without providing for full and open competition - - - - 206.302-1(a)(2)(i)(1) HCA Yes No lower than CoCO 5106.302-1(a)(2)(i)(1) HCA Yes No lower than CoCO
6 Only one responsible source and no other supplies or services will satisfy agency requirements. Authority to waive the requirement to post a request for information or a sources sought notice, and include the results of this inquiry in the justification required by FAR 6.303. - - - - DFARS PGI 206.302-1(d) HCA Yes No lower than a GO/SES 5106.302-1(d) HCA Yes SCOs at GO/SES level only; otherwise HCA
6 Unusual and Compelling Urgency Total period of performance of a contract awarded or modified may not exceed one year, including all options, unless the head of the agency determines that exceptional circumstances apply. 6.302-2(d)(1)(ii) Head of Agency Yes No Limitation No additional Guidance - - - 5106.302-2(d)(1)(ii) ASA(ALT) Yes HCA, without power to further delegate
6 Unusual and Compelling Urgency Any subsequent modification that extends the period of performance beyond one year, requires a separate determination. This determination is only required if the cumulative period of performance using this authority exceeds one year. 6.302-2(d)(2)(ii) Head of Agency (Must be Same Level as the Level to which the Agency Head Authority is in (d)(1)(ii) Yes No Limitation No additional Guidance - - - 5106.302-2(d)(2)(ii) ASA(ALT) Yes HCA, without power to further delegate
6 International Agreement Determination that J&A is not required for an int'l agreement and preparation of document such as LOA that has the effect of requiring use of other than competitive procedures for the acquisition - - - - 206.302-4(c) HCA Yes No limitation 5106.302-4(c) HCA Yes No lower than the CoCO
6 Other Than Full and Open Competition Justifications -- Sole Source 8(a) awards exceeding $100 million 6.302-5(b)(4) Head of Procuring Activity Yes No Limitiation - - - - 5106.302-5(b)(4) Head of Procuring Activity Yes SCO at GO/SES Level; Otherwise HCA
6 Public Interest Full and open competition need not be provided for when the agency head determines that it is not in the public interest in the particular acquisition concerned. 6.302-7 Secretariat Level No - No Additional Guidance - - - - Secretary of the Army No -
6 Justifications Content Justifications Shall Contain Agency Specific Requirements 6.303-2(d)(5) Head of Agency Yes No Limitation No additional Guidance - - - 5106.303-2(d)(5) ASA(ALT) Yes DASA(P), without power to further delegate
6 Approval of the Justification Approval of J&A over $750K, but not exceeding $15M 6.304(a)(2) Advocate for Competition No - No additional Guidance - - - - Advocate for Competition No -
6 Approval of the Justification Approval of J&A over $15M but not exceeding $100M 6.304(a)(3) HCA Yes General/Flag Officer, SES, or grade above GS-15 only No additional Guidance - - - 5106.304(a)(3) HCA Yes SCOs at GO/SES Level only; otherwise HCA
6 Approval of the Justification Approval of J&A over $100M 6.304(a)(4) SPE No - No additional Guidance - - - - SPE No -
6 Advocates for Competition Appointment of special advocates for competition 6.501 Head of Each Executive Agency Yes No limitation No additional Guidance - - - 5106.501 ASA(ALT) Yes DASA(P) serves as Army Advocate for Completion; HCAs serve as the Command Advocate for Competition, with authority to delegate to No Lower than the SCO
7 Agency-Head Responsibilities Acquisition Plan Approval Authority for PEO or DRPM Acquisitions 7.103 Agency Head Yes No limitation 207.103(d)(i) PM/Official Responsible for Program Yes No limitation 5107.103-90(a)(1) ASA(ALT) Yes For programs assigned to program executive officers (PEOs) or program managers reporting directly to the Army Acquisition Executive (DRPM), the designated milestone decision authority (MDA), on a nondelegable basis, is the acquisition plan approval authority. In the case of PEO-/DRPM-managed efforts for which no MDA has been designated, the PEO/DRPM, on a nondelegable basis, is the acquisition plan approval authority.
7 Agency-Head Responsibilities Acquisition Plan Approval Authority for Non-PEO or DRPM Acquisitions 7.103 Agency Head Yes No limitation 207.103(d)(i) PM/Official Responsible for Program Yes No limitation 5107.103-90(a)(2) ASA(ALT) Yes HCA, with authority to delegate to No lower than SCO
7 Contents of Written Acquisition Plans Planning to ensure that contingency contracts will be closed in a timely manner, considering turnover and other contracting workload - - - - DFARS PGI 207.105(b)(20)(C)(8)(iv) HCA Yes No limitation 5107.105(b)(20)(C)(8)(iv) HCA Yes No lower than SCO
7 Consolidation of Contract Requirements Consolidation of contract requirements more than $500M 7.107-2 SPE Yes - - - - - 5107.107-2(b)(i) SPE Yes DASA(P), without power to further delegate
7 Consolidation of Contract Requirements Consolidation of contract requirements above $2M and up to $500M 7.107-2 SPE Yes - - - - - 5107.107-2(b)(ii) SPE Yes HCA, with authority to delegate to No lower than the CoCO
7 Additional Requirements for Acquisitions Involving Bundling Justification of bundling 7.107-3(f)(2) SPE No - No additional Guidance - - - - SPE No -
7 Equipment Lease or Purchase--Statutory Requirements Determination that contract for vessel, aircraft, or vehicle via lease, charter, or similar agreement with term of 18 months or more, or extension / renewal of such contract for 18 months, is in Government's best interest - - - - 207.470(b) HCA Yes No limitation 5107.470(b) HCA Yes No lower than CoCO
8 Use of Federal Supply Schedules Approval of D&Fs for T&M or LH orders against FSS contracts when base period + options = more than 3 years 8.404(h)(3)(ii)(C) HCA Yes No limitation No additional Guidance - - - 5108.404(h)(3)(ii)(C) HCA No -
8 Blanket Purchase Agreements (BPAs) Determination that single-award BPA with an estimated value exceeding $100 million (including any options), may be awarded 8.405-3(a)(3)(ii) Head of Agency Yes No Limitation No additional Guidance - - - 5108.405-3(a)(3)(ii) ASA(ALT) Yes HCA, with authority to delegate to No Lower than SCO
8 Limiting Sources Determination that access through eBuy is not in Government's best interests 8.405-6(b)(3)(ii)(C) SPE Yes No limitation No additional Guidance - - - 5108.405-6(b)(3)(ii)(C) SPE Yes HCA, with authority to delegate to No lower than SCO
8 Limiting Sources--Justifications and Approvals Approval of Proposed order or BPA with an estimated value exceeding the simplified acquisition threshold, but not exceeding $750,000. 8.405-6(d)(1) Ordering Activity Contracting Officer No - No additional Guidance - - - - Contracting Officer No -
8 Limiting Sources--Justifications and Approvals Approval of Proposed order or BPA with an estimated value exceeding $750,000, but not exceeding $15 million. 8.405-6(d)(2) Advocate for Competition No - No additional Guidance - - - - Advocate for Competition No -
8 Limiting Sources--Justifications and Approvals Approval of Proposed order or BPA with an estimated value exceeding $15 million, but not exceeding $100 million 8.405-6(d)(3) Head of Procuring Activity Yes General/Flag officer, SES, or grade above GS-15 only No additional Guidance - - - 5108.405-6(d)(3) HCA Yes SCOs at GO/SES level only; otherwise HCA
8 Limiting Sources--Justifications and Approvals Approval of Proposed order or BPA with an estimated value exceeding $100 million 8.405-6(d)(4) SPE No - No additional Guidance - - - - SPE No -
8 Leasing of Motor Vehicles - Presolicitation Requirements Approve limiting solicitations to current models on the basis of overall economy 8.1102(c) Head of Contracting Office Yes No limitation No additional Guidance - - - 5108.1102(c) CoCO Yes 1 level above KO
9 Responsible Prospective Contractors Waiver for awarding with domestic inverted corporations 9.108-4 Agency Head Yes No Limitation No Additional Guidance - - - 5109.108-4 ASA(ALT) Yes HCA, without power to further delegate
9 Qualifications Requirements. Policy Prepare and approve written justifications establishing a contractor qualification requirement. 9.202(a) Agency Head Yes No limitation DFARS PGI 209.202(a)(1) COCO - No limitation 5109.202(a)(1) CoCO No -
9 Qualification Requirements. Policy Waiver of requirements of 9.202(a)(1)(ii) through (4) for up to 2 years with respect to the item subject to the qualification requirement 9.202(b) HCA Yes No limitation No additional Guidance - - - 5109.202(b) HCA Yes No lower than SCO
9 Qualifications Requirements. Policy Establishing a Qualification Requirement 9.202(e) Agency Head Yes No limitation No additional Guidance - - - 5109.202(e) ASA(ALT) Yes HCA, with authority to delegate to No lower than SCO
9 Acquisitions subject to qualification requirements. General Determination that an emergency exists 9.206-1(b) Agency Head Yes No limitation No additional Guidance - - - 5109.206-1(b) ASA(ALT) Yes HCA, with authority to delegate to No lower than SCO
9 Aviation and Ship Critical Safety Items Enter into a contract for the procurement, modification, repair, or overhaul aviation or ship critical safety item only with a source approved by the head of the design control activity - - - - 209.270-3(a) HCA Yes No limitation 5109.270-3(a) HCA Yes No lower than CoCO
9 Debarment, Suspension, and Ineligibility Determination for Contractors excluded from receiving contracts to be included 9.405(a), 9.405-1(b), 9.405-2(a), 9.406-1(c) and 9.407-1(d) Agency Head Yes No limitation No additional Guidance - - - 5109.405(a) ASA(ALT) Yes Suspension and Debarment Official
9 Debarment, Suspension, and Ineligibility Determination to accept bids from a debarred, suspended or proposed debarment contractor 9.405(d)(2) and 9.405(d)(3) Agency Head Yes No limitation No additional Guidance - - - 5109.405(d)(3) ASA(ALT) Yes Suspension and Debarment Official
9 Organizational and Consultant Conflicts of Interest. Waiver Waiving any general rule or procedure of subpart 9.5 9.503 Agency head Yes Not below the level of HCA No additional Guidance - - - 5109.503 HCA, without power to further delegate No -
9 Contracting Officer Responsibilities Approval of conflict of interest course of action 9.504(c) HCA Yes No limitation No additional Guidance - - - 5109.504(c) HCA Yes No lower than SCO
9 Organizational and Consultant Conflicts of Interest. Procedures Approval of KO's resolution of conflict or potential conflict of interest 9.506(d)(3) HCA Yes No limitation No additional Guidance - - - 5109.506(d)(3) HCA Yes No lower than SCO
9 Systems Engineering and Technical Assistance Contracts Waiver of limitation on future contracting for performance of systems engineering and tech assistance for MDAP or pre-MDAP by contractor or any affiliate of contractor from participating in development or production of weapon system under such program - - - - 209.571-7(c)(1) HCA No - - HCA No -
10 Market Research - Procedures Document the results of market research in a manner appropriate to the size and complexity of the acquisition. 10.002(e) Agency Head Yes No Limitation - - - - 5110.002(e) ASA(ALT) Yes HCA, with the authority to delegate to No Lower than the KO
11 Market Acceptance Require Offerors to Demonstrate that Items Offered have commercial market acceptance or been supplied under current or recent contracts 11.103(a) Head of Agency Yes No Limitation No additional Guidance - - - 5111.103(a) ASA(ALT) Yes HCA, with authority to delegate to No Lower than SCO
11 Using and Maintaining Requirements Documents Determine that Single Process Initiative process is not acceptable for a specific procurement - - - - DFARS PGI 211.273-3 HCA or PEO No - - HCA or PEO No -
11 Policy for Item Unique Valuation Determination that items are to be used to support a contingency operation or to facilitate defense against or recovery from nuclear, biological, chemical, radiological attack, cyber attack, international disaster assistance, and response to an emergency or major disaster. - - - - 211.274-2(b)(1) HCA Yes No limitation 5111.274-2(b)(1) HCA Retain -
11 Policy for Item Unique Valuation Approval of D&F for exception for contractor from requirement to provide DoD unique item ID - - - - 211.274-2(b)(2)(i)(B) HCA Yes No limitation 5111.274-2(b)(2)(i)(B) HCA Yes No lower than SCO
11 Liquidated Damages Reduce or Waive the Amount of Liquidated Damages Assessed Under a Contract 11.501(d) Head of Agency Yes No Limitation No additional Guidance - - - 5111.501(d) ASA(ALT) Yes HCA, without power to further delegate
12 Acquisition of Commercial Items. Applicability Determination that the prior determination was appropriate and still applicable or issue a determination that the prior use of FAR part 12 procedures was improper or that it is no longer appropriate to acquire the item using FAR part 12 procedures, with a written explanation of the basis for the determination. - - - - 212.102(a)(ii)(B) HCA Yes No limitation 5112.102(a)(ii)(B) HCA Yes No Lower than CoCO
12 Acquisition of Commercial Items. Applicability Determination of supplies or services that are to be used to facilitate defense against or recovery from nuclear, biological, chemical, or radiological attack, cyber attack, international disaster assistance, and response to an emergency or major disaster and can be treated as an acquisition of commercial items. 12.102(f) Agency Head Yes No limitation 218.270 HCA Yes No limitation 5112.102(f) HCA Yes No lower than SCO
12 Contract Type Determine a time-and-materials or labor-hour contract type is in the best interest of the Government for commercial services - - - - 212.207(b)(iii) Agency Head Yes No limitation 5112.207(b)(iii) ASA(ALT) Yes HCA, with authority to delegate to No lower than SCO
12 Preference for certain commercial products and services. Approval to make determination to enter into contracts above $10M for facilities-related services, knowledge-based services (except engineering services), medical services, or transportation services that are not commercial services. - - - - 212.272(b)(2)(i) HCA Yes No limitation 5112.272(b)(2)(i) HCA Yes No Lower than CoCO
12 Solicitation Provisions and Contract Clauses for the Acquisition of Commercial Items Insert Certain Clauses for Acquisition of commercial items when waiving the examination of records by the Comptroller General 12.301(b)(4)(i) Head of Agency Yes No Limitation No additional Guidance - - - 5112.301(b)(4)(i) ASA(ALT) Retain -
12 Solicitation Provisions and Contract Clauses for the Acquisition of Commercial Items Approval of supplementing the provisions and clauses of FAR part 12 12.301(f) SPE No - No additional Guidance - - - - SPE No -
12 Tailoring of Provisions and Clauses for the Acquisition of Commercial Items Approval of waivers under FAR 12.302(c) - - - - 212.302(c) HCA Yes No limitation 5112.302(c) HCA Yes No lower than SCO
12 Limitation on Conversion of Procurement from Commercial Acquisition Procedures Determination that the earlier use of commercial acquisition procedures under FAR part 12 was in error or based on inadequate information, and that DoD will realize a cost savings compared to the cost of procuring a similar quantity or level of such item or service using commercial acquisition procedures. - - - - 212.7001(a)(1) HCA Yes No limitation 5112.7001(a)(1) HCA Yes No lower than the CoCO
13 Actions at or Below the Micro-Purchase Threshold Delegate Micropurchase Authority 13.201(a) Agency Head Yes No limitation No additional Guidance - - - 5113.201(a) ASA(ALT) Yes HCA, with authority to delegate to No lower than CoCO
13 Actions at or Below the Micro-Purchase Threshold Micro-Purchase Threshold for Supplies or Services are to be used in support of a contingency operation or to facilitate the defense against or recovery from nuclear, biological, chemical, radiological attack, cyber attack, and response to an emergency or major disaster. 13.201(g) Head of Agency Yes No Limitation 218.27 HCA Yes No limitation 5113.201(g) HCA Yes No lower than SCO
13 Impreset Funds and Third Party Drafts Use of Impreset funds or Third Party drafts 13.305-3(a) Agency Head Yes No Limitation No additional Guidance - - - 5113.305-3(a) ASA(ALT) Yes No Lower than KO
13 Simplified Procedures for Certain Commercial Items Authorizes use of simplified procedures for commercial items that, as determined by the head of the agency, are to be used in support of a contingency operation or to facilitate the defense against or recovery from nuclear, biological, chemical, radiological attack, cyber attack, and response to an emergency or major disaster. 13.500(c)(1) Agency Head Yes No limitation 218.27 HCA Yes No limitation 5113.500(c)(1) HCA Yes No Lower than SCO
13 Test Program for Certain Commercial items Approval of sole-source justification over $750K but not exceeding $15M 13.501(a)(2)(ii) Advocate for Competition No - No additional Guidance - - - - Advocate for Competition No -
13 Test Program for Certain Commercial items Approval of sole-source justification over $15M but not over $100M 13.501(a)(2)(iii) HCA or Official Described at 6.304(a)(3) or (a)(4) No - No additional Guidance - - - - HCA or SCO at GO/SES Level No -
13 Test Program for Certain Commercial items Approval of sole-source justification over $100M 13.501(a)(2)(iv) SPE No - No additional Guidance - - - - SPE No -
14 Preparation of Invitations for Bids Waiving requirement for inclusion of clauses 51.214-27 and/or 52.214-28 in contract with a foreign government or agency of that government 14.201-7(b)(2) & (c)(2) HCA Yes No limitation No additional Guidance - - - 5114.201-7(b)(2) & (c)(2) HCA Yes No lower than SCO
14 Cancellation of Invitations After Opening Determination to cancel invitations and reject all bids before award but after opening 14.404-1(c) and (e)(1) Agency Head Yes No limitation 214.404-1(1) KO No - - KO No -
14 Other Mistakes Disclosed Before Award Make determinations under paragraph (c) of FAR 14.407-3 14.407-3(c) Agency Head Yes No limitation No additional Guidance - - - 5114.407-3(c) ASA(ALT) Yes HCA, with authority to delegate to No lower than CoCO
14 Other Mistakes Disclosed Before Award Make determinations under paragraph (a, b, d) of FAR 14.407-3 14.407-3(e) Agency Head Yes No limitation No additional Guidance - - - 5114.407-3(e) ASA(ALT) Yes HCA, with authority to delegate to No lower than CoCO
14 Mistakes After Award Authority to rescind a contract, reform a contract or delete items involve in a mistake made in the contractor proposal, in accordance with FAR 14.407-4(b). 14.407-4(b) Agency Yes No limitation No additional Guidance - - - 5114.407-4(b) HCA Yes No lower than SCO
15 Contract Format Authority to exempt individual contracts from the use of the uniform contract format. 15.204(e) Agency Head Yes No limitation No additional Guidance - - - 5115.204(e) ASA(ALT) Yes HCA, with authority to delegate to No lower than SCO
15 Contract Format Authority to exempt classes of contracts 15.204(e) - - - - - - - 5115.204(e) ASA(ALT) Yes DASA(P), without power to further delegate
15 Source Selection Waivers for Solicitations valued below $1B - - - - DFARS PGI 215.300 (See DoD Source Selection Procedures) SPE Yes No limitation 5115.300-90 SPE Yes DASA(P), without power to further delegate
15 Source Selection Waivers for Solicitations valued at $1B or more - - - - 215.300 (See DoD Source Selection Procedures) DPC No - - DPC No -
15 Source Selection. Responsibilities Appointment of SSAs for acquisitions for systems and services, acquired through the Defense Acquisition System, for which milestone decision authority (or other decision authority) is at the AAE or Office of the Secretary of Defense level IAW the applicable Adaptive Acquisition Framework DoDI. 15.303(a) Agency Head Yes KO or other appointed individual No additional Guidance - - - 5115.303, Table 15-1 AAE Yes AAE or AAE's Delegate
15 Source Selection. Responsibilities Appointment of SSAs for other service acquisitions with a total planned dollar value of $500 million or more, or service acquisitions identified by the ASA(ALT) as a special interest. See DoDI 5000.74 and AR 70-13. 15.303(a) Agency Head Yes KO or other appointed individual No additional Guidance - - - 5115.303, Table 15-1 ASA(ALT) Yes DASA(P) or SSM
15 Source Selection. Responsibilities Appointment of SSAs all other acquisitions for which formal source selection procedures are used. 15.303(a) Agency Head Yes KO or other appointed individual No additional Guidance - - - 5115.303, Table 15-1 ASA(ALT) Yes HCA, with authority to delegate to No Lower than SCO
15 Only One Offer Waiver Approval of waiver of requirement to resolicit for additional 30 days - - - - 215.371-5(a) & (b) HCA Yes 1 level above KO 5115.371-5(a) HCA Yes 1 level above KO
15 Prohibition on Obtaining Certified Cost or Pricing Data Waiving requirement for submission of certified cost or pricing data 15.403-1(c)(4) HCA No - DFARS PGI 215.403-1(c)(4)(A)(2) HCA, with SPE coordination prior to HCA approval Yes No limitation - HCA, with SPE coordination prior to HCA approval No HCA, with SPE coordination prior to HCA approval
15 Obtaining Certified Cost or Pricing Data Determination that it is in the best interest of the Government to make award to offeror who does not comply with requirement to submit other than certified cost or pricing data 15.403-3(a)(4) HCA Yes No limitation No additional Guidance - - - 5115.403-3(a)(4) HCA Yes No lower than SCO
15 Requiring Certified Cost or Pricing Data Authorize KO to obtain certified cost or pricing data for actions below $2M but exceeding SAT 15.403-4(a)(2) HCA No - No additional Guidance - - - - HCA No -
15 Proposal Analysis Techniques Determination that it is in the best interest of the Government to make award to offeror who does not comply with requirement to submit other than certified cost or pricing data - When the contractor continues to refuse to provide data to the contracting officer. - - - - DFARS PGI 215.404-1(a)(i)(A)(iv) HCA Yes No limitation 5115.404-1(a)(i)(A)(iv) HCA Yes No lower than SCO
15 Proposal Analysis, Profit Approval of alternate approaches when weighted guidelines method does not produce reasonable profit objective - - - - 215.404-4(c)(2)(C)(2) HCA Yes No limitation 5115.404-4(c)(2)(C)(2) HCA Yes 1 level above KO
15 Proposal Analysis, Forward Pricing Rate Agreements Waiver of use of forward pricing rate agreements when such rates are available. - - - - 215.407-3(b)(i) HCA Yes No limitation 5115.407-3(b)(i) HCA Yes 1 level above KO
15 Should-Cost Review Request an overhead should-cost review for a contractor business unit that does not meet the criteria found in DFARS PGI 215.407-4(c)(2)(A). - - - - DFARS PGI 215.407-4(c)(2)(B) HCA Yes No limitation 5115.407-4(c)(2)(B) HCA Yes No lower than SCO
15 Contract Clauses and Provisions Approve determination (when contracting with the Canadian Commercial Corporation) that data other than certified cost or pricing data are needed in order to determine that the price is fair and reasonable. - - - - 215.408(3)(i)(A)(2) & 225.870-4(c)(2)(ii) HCA Yes 2 levels above KO - No Lower Than 2 Levels Above KO No -
15 Solicitation Provisions and Contract Clauses Approve determination (when contracting with the Canadian Commercial Corporation) that it is reasonably certain that data other than certified cost or pricing data will be needed in order to determine that the price of modifications is fair and reasonable. - - - - 215.408(3)(ii)(A)(2) & 225.870-4(c)(2)(ii) HCA Yes 2 levels above KO - No Lower Than 2 Levels Above KO No -
16 Selecting Contract Types Waiver approval authority for determining contract types for FMS contracts - - - - See Class Deviation 2018-O0017, Determining Contract Type for FMS Contracts CoCO No - - CoCO No -
16 Fixed Ceiling-Price Contracts with Retroactive Price Predetermination. Limitations Approval of fixed-price contracts with retroactive price redetermination 16.206-3(d) HCA or Higher No - No additional Guidance - - - - HCA or Higher No -
16 Limitations on Cost-Reimbursement Contracts Limitations on Awarding Cost-Reimbursement Contracts in excess of $25M. 16.301-3(a) - - - 216.301-3(2) HCA Yes No limitation 5116.301-3(2) HCA Yes No Lower than SCO
16 Incentive Contracts Sharing Proven Incentive Strategies 16.401(g) Agency Head Yes No Limitation No additional Guidance - - - 5116.401(g) ASA(ALT) Yes DASA(P), without power to further delegate
16 Award-fee Contracts Approval of D&F for all award-fee contracts (except for cost-reimbursement award-fee contracts in excess of $25 million) justifying use of this type of contract 16.401(d) HCA Yes No limitation 216.401(d)(i)(A) HCA or Designee Yes No Lower than 1 Level Below HCA 5116.401(d)(i) No Lower than SCO No -
16 Incentive Contracts Approval of D&F for all incentive contracts (except for cost-reimbursement contracts valued in excess of $25 million) incentive contracts, justifying use of this type of contract 16.401(d) HCA Yes No limitation 216.401(d)(i)(B) HCA or Designee Yes 1 Level Above the KO 5116.401(d)(i) 1 Level Above the KO Yes -
16 Award-fee Contracts Approval of D&F for cost-reimbursement incentive- or award fee contracts valued in excess of $25 million 16.401(d) HCA Yes No limitation 216.401(d)(ii) HCA Yes No limitation 5116.401(d)(ii) HCA Yes No lower than SCO
16 Cost-Plus-Award-Fee Contracts Approval of remaining award fee pool less than 40% at time of final evaluation - - - - 216.405-2(1) HCA No - - HCA No -
16 Single Source Award No task or delivery order contract in an amount estimated to exceed $100 million (including all options) may be awarded to a single source unless the head of the agency determination 16.504(c)(1)(ii)(D)(1) Head of the Agency Yes - 216.504(c)(1)(ii)(D)(1) SPE Yes - 5116.504(c)(1)(ii)(D)(1) SPE Yes HCA, with authority to delegate to No lower than SCO
16 Indefinite-Delivery Contracts. Ordering Approval of justification for an exception to fair opportunity over $15M but not exceeding $100M 16.505(b)(2)(ii)(C)(3) HCA Yes General/Flag officer, SES, or grade above GS-15 only No additional Guidance - - - 5116.504(b)(2)(ii)(C)(3) HCA Yes SCOs at GO/SES level only; otherwise HCA
16 Indefinite-Delivery Contracts. Ordering Approval of justification for an exception to fair opportunity exceeding $100M 16.505(b)(2)(ii)(C)(4) SPE No - - - - - - SPE No -
16 Indefinite-Delivery Contracts. Ombudsman HCA shall designate a task and delivery order ombudsman for the contracting activity. 16.505(b)(8) Head of the Agency Yes No limitation - - - - 5116.505(b)(8) ASA(ALT) Yes HCA, with authority to delegate to No lower than SCO
16 Time-and-Materials Contracts. Limitations Approval of D&Fs for use of T&M when base period + options exceeds 3 years 16.601(d)(1)(ii) HCA Yes No limitation 216.601(d)(i)(A)(2) HCA No - - HCA No -
16 Determination of Price Reasonableness Approval of Contracting Officer's Price reasonableness for Letter contract under dispute FAR 16.603-2(c) and 52.216-25(c) HCA No - No additional Guidance - - - - HCA No -
16 Letter Contracts. Application Approval of KO's determination of reasonable price to definitize UCA under certain circumstances. 16.603-2(c)(3) HCA Yes No limitation No additional Guidance - - - 5116.603-2(c)(3) HCA Yes No lower than SCO
16 Letter Contracts. Limitations Authorizing use of letter contract 16.603-3 HCA Yes No limitation 216.603-3 HCA Yes No limitation 5116.603-3 HCA Yes No lower than SCO
17 Multi-Year Contracting Authorize modifications of the requirements 17.104(b) Agency Head Yes No Limitation No additional Guidance - - - 5117.104(b) ASA(ALT) Yes HCA, with authority to delegable to No Lower than SCO
17 Multi-Year Contracting for Supplies Authorize use of multi-year contract for supplies 17.105-1(b) Agency Head Yes No limitation No additional Guidance - - - 5117.105-1(b) ASA(ALT) Yes HCA, with authority to delegate to No lower than SCO
17 Multi-Year Contracting Authorizes recurring costs in cancellation ceiling 17.106-3(e) Agency Head Yes No Limitation No additional Guidance - - - 5117.106-3(e) ASA(ALT) Yes HCA, without power to further delegate
17 Multi-Year Contracting Authorizes the use of a solicitation requesting only multi-year prices, provided that dual proposals are not necessary to meet the objectives in FAR 17.105-2. 17.106-3(f) HCA Yes No limitation No additional Guidance - - - 5117.106-3(f) HCA Yes No lower than SCO
17 Multi-Year Contracting Approves the use of variable unit prices on multi-year contracts provided that, for competitive proposals, there is a valid method of evaluation. 17.106-3(g) HCA Yes No limitation No additional Guidance - - - 5117.106-3(g) HCA Yes No lower than SCO
17 Multi-Year Contracting Written Notification to Congress to Award a Multi-Year Contract which includes a cancellation ceiling in excess of $150M 17.108(b) Head of Agency Yes No Limitation No additional Guidance - - - 5117.108(b) ASA(ALT) Yes DASA(P), without power to further delegate
17 Multi-Year Contracting for Services Entering into a multiyear contract for a period of not more than 5 years for certain types of services, even though funds are limited by statute to obligation only during the fiscal year for which they were appropriated; the Head of Agency must follow certain principals and before entering into a multiyear contract for services; and the head of the agency must make a written determination that there will be continuing requirement for the services - - - No limitation 217.171(a) through (c) Head of Agency Yes No limitation 5117.171(a) through (c) ASA(ALT) Yes HCA, without power to further delegate
17 Multiyear Contracts for Supplies For contracts equal to or greater than $750 million, determination that the conditions required by paragraphs (h)(2)(i) through (vii) of this section will be met by such contract, in accordance with the Secretary’s certification and determination required by paragraph (h)(2) of this section - - - - 217.172(f)(2) HCA Yes No limitation 5117.172(f)(2) HCA Yes No lower than SCO
17 Multiyear Contracts for Electricity from Renewable Energy Sources Authorization to enter into contract for period not more than 10 years for electricity from renewable sources - - - - 217.174(a) HCA Yes No limitation 5117.174(a) HCA Yes No lower than CoCO
17 Multiyear Contracts for Electricity from Renewable Energy Sources Authorization to enter into contract for electricity from renewable sources for more than 5 years based on business case analysis - - - - 217.174(b) HCA Yes No limitation 5117.174(b) HCA Yes No lower than CoCO
17 Contracts Approval for use of contract terms in excess of the limitations specified in FAR 17.204(e). 17.204(e) - - - 217.204(e) - - - 5117.204(e) HCA Yes HCA, with authority to delegate to No Lower than SCO
17 Contracts (Options) Approval of ordering periods in excess of 10 years for task/delivery order contracts 17.204(e) - - - 217.204(e)(i)(C) Agency Head Yes No limitation 5117.204(e)(i)(C) ASA(ALT) Yes HCA, without power to further delegate
17 Contracts (Options) Approval for task / delivery order performance more than 1 year beyond 10-year base contract limit in 217.204(e)(i)(C) 17.204(e) - - - 217.204(e)(iii) SPE Yes No limitation 5117.204(e)(iii) SPE Yes HCA, withough power to further delegate
17 Interagency Acquisitions – The Economy Act Approval of D&F for Economy Act order to obtain supplies or services by interagency acquisitions when servicing agency covered by the FAR 17.502-2(c)(2) KO of Requesting Agency or Another Official Designated by Agency Head Yes - - - - - 5117.502-2(c)(2) KO of Requesting Agency No KO of Requesting Agency
17 Interagency Acquisitions – The Economy Act Approval of D&F for Economy Act order to obtain supplies or services by interagency acquisitions when servicing agency is not covered by the FAR 17.502-2(c)(2) SPE No - - - - - - SPE No -
17 Interagency Acquisitions Waiver determination for acquisitions of supplies and services by nondefense agencies on behalf of DoD 17.703(e) USD(A&S) Yes No limitation See DPC Memo Subject: Re-delegation of Authority Under Section 801 FY18 NDAA "Internal Controls for Procurements on Behalf of DoD by Certain Non-Defense Agencies", dated 17 June 2019. SPE Yes No Lower than HCA 5117.703(e) SPE Yes DASA(P) or SSM, without power to further delegate
17 Interagency Acquisitions: Acquisitions by Nondefense Agencies on behalf of DoD Concurrence to use non-DoD contract prior to public announcement of the requirement for acquisitions valued at or above the simplified acquisition threshold, but less than $50 million - - - - 217.770 In accordance with Department and Agency Procedures Yes No limitation 5117.770(2)(i) HCA Yes No lower than 2 levels below SCO
17 Interagency Acquisitions: Acquisitions by Nondefense Agencies on behalf of DoD Concurrence to use non-DoD contract prior to public announcement of the requirement for acquisitions valued at or above $50 million but less than $250 million - - - - 217.770 In accordance with Department and Agency Procedures Yes No limitation 5117.770(2)(ii) HCA Yes No lower than 1 level below SCO
17 Interagency Acquisitions: Acquisitions by Nondefense Agencies on behalf of DoD Concurrence to use non-DoD contract prior to public announcement of the requirement for acquisitions valued at or above $250 million - - - - 217.770 In accordance with Department and Agency Procedures Yes No limitation 5117.770(2)(iii) HCA Yes No lower than SCO
17 Undefinitized Contract Actions (UCA) Limitations. Approval to enter into a UCA for foreign military sales contracts - - - - 217.7404(a)(1)(ii) HCA Yes No Limitation 5117.7404(a)(1)(ii) HCA Yes No lower than CoCO if $50m or less; SCO if greater than $50m
17 Undefinitized Contract Actions (UCA) Limitations. Approval of unilaterally definitizing UCAs with a value greater than $50M - - - - 217.7404(b)(2) HCA No - - HCA No -
17 Undefinitized Contract Actions (UCA) Authorization. Approves Undefinitized Contract Actions (UCA). - - - - 217.7404-1 HCA Yes No limitation 5117.7404-1 HCA Yes No lower than CoCO if $50m or less; SCO if greater than $50m
17 Undefinitized Contract Actions (UCA) Definitization Schedule Approval of determination to extend definitization schedule beyond an additional 90 days - - - - 217.7404-3(a)(1) HCA No - - HCA No -
17 Undefinitized Contract Actions (UCA) Limitations on Obligations. Waive the limitations in 217.7404(a), 217.7404-2, 217.7404-3, and 217.7404-4 for UCAs if determined that the waiver is necessary to support a contingency operation; or a humanitarian or peacekeeping operation. - - - - 217.7404-5(b) Agency Head Yes No limitation 5117.7404-5(b) ASA(ALT) Yes HCA, without power to further delegate
17 Undefinitized Contract Actions - Allowable Profit Ensures profit reflects risk when UCA is definitized after substantial portion of performance is completed - - - - 217.7404-6 HCA Yes No limitation 5117.7404-6 HCA Yes No lower than CoCO
17 Acquisition of Parts When Data is not available Authorization of reverse engineering - - - - DFARS PGI 217.7504(4)(ii) HCA Yes No limitation 5117.7504(4)(ii) HCA Yes No lower than SCO
17 Limitations on Price Increases KO certification of certain requirements to HCA before award of contract for a part, the price of which exceeds the limit in 217.7505(a) - - - - 217.7505(b) HCA Yes No limitation 5117.7505(b) HCA Yes No lower than 1 level above KO
18 Protest to GAO Override of CICA Stay due to a Protest 18.125 (See 33.104(b) and (c)) HCA No - No additional Guidance - - - - HCA No -
18 Available Acquisition Flexibilities Rights in Technical Data - - - - 218.170(h) Agency Head Yes No limitation 5118.170(h) ASA(ALT) Retain -
18 Emergency Acquisitions. Contingency Operation Approve determinations related to support of contingency ops or defense against / recovery from nuclear, biological, chemical, radiological attack, cyber attack, international disaster assistance, and response to an emergency or major disaster. 18.201 Head of Agency Yes No Limitation 218.201 HCA (per 218.270,Head of Agency is replaced with HCA for FAR Part 18.2) Yes No limitation 5,118.20 € HCA Yes No lower than SCO
18 Emergency Acquisitions. Contingency Operation Waive limitations for UCAs if necessary to support a contingency operation or humanitarian or peacekeeping operation - - - - 218.201(9) & 217.7404-5(b) Head of Agency Yes No limitation 5118.201(9) ASA(ALT) Yes HCA, without power to further delegate
18 Emergency Acquisitions. Head of contracting activity determinations The term “head of the agency” is replaced with “head of the contracting activity,” as defined in FAR 2.101. 18.2 - - - 218.270(e) HCA Yes No limitation 5118.270(e) HCA No HCA
19 Encouraging small business participation in acquisitions Determination that a consolidated requirement cannot be placed under one of the preference programs prior to release of the solicitation - - - - - - - - 5119.202-1(1) HCA Yes No lower than SCO
19 Partial Set-Asides Authorizing partial set-aside when only 2 concerns (1 large, 1 small) are expected to respond with offers 19.502-3(a)(5) HCA Yes No limitation No additional Guidance - - - 5119.502-3(a)(5) HCA Yes No lower than CoCO
19 Rejecting Small Business Administration recommendations. Issuing a decision in response to an appeal of KO's rejection of SBA procurement center recommendation 19.502-8(b) HCA Yes No Limitation No additional Guidance 219.502-8(b) Yes No lower than the Chief of Contracting Office 5119.502-8(b) HCA Yes No lower than CoCO
19 Contracting with the Small Business Administration (The 8(a) Program) Confirm or withdraw the request for waiver of the termination requirement 19.812(d) Agency Head Yes No Limitation No additional Guidance - - - 5119.812(d) ASA(ALT) Yes HCA without the power to further delegate
19 Contracting with the Small Business Administration (The 8(a) Program) Suspension from the 8(a) Program 19.816(b) Head of Contracting Agency Yes No Limitation No additional Guidance - - - 5119.816(b) ASA(ALT) Yes HCA, without power to further delegate
19 HUBZone Set-Aside Procedures Determining urgent and compelling circumstances exist to proceed with acquisition upon receipt of SBA's notice of intent to appeal 19.1305(d)(2) HCA Yes No limitation No additional Guidance - - - 5119.1305(d)(2) HCA Yes No lower than SCO
19 Service-Disabled Veteran-Owned Business Set-Aside Procedures Issuing a decision in response to appeal of the KO's rejection of SBA recommendation to set aside a procurement for SDVOSB 19.1405(d) HCA Yes No limitation No additional Guidance 0 - - 5119.1405(d) HCA Yes No lower than SCO
22 Labor Relations Designation of programs or requirements for which contractors are required to notify Gov't of actual or potential labor disputes that delay or threaten to delay timely contract performance 22.101-1(e) HCA Yes No limitation DFARS PGI 222.101-1 Labor Advisor Yes No limitation 5122.101-1 HCA Yes No lower than CoCO
22 Reporting Labor Disputes Submit a report of findings and recommendations to the labor advisor regarding the impact of potential or actual labor disputes that involve a product, project (including construction), or service that must be obtained in order to meet schedules for urgently needed military programs or requirements. 22.101-3 Contract Administration Office Yes No limitation 222.101-3-70(b) HCA Yes No limitation 5122.101-3-70(b) HCA Yes No lower than SCO
22 Overtime Approvals Authority to approve overtime 22.103-4 Agency Approving Official Yes No limitation 222.103-4 Department Approving Official Yes No limitation 5122.103-4(a) See AFARS Yes Various
22 Liquidated Damages and Overtime Pay Determination on Liquidated Damages 22.302(c) Agency Head Yes - No additional Guidance - - - 5122.302(c) ASA(ALT) Yes Chief of Engineers, Labor Advisor for other than USACE
22 Construction Wage Requirements Statute Wage Determinations Extension request to modify wage determination 22.404-6(b)(6) Agency Head Yes No Limitation No additional Guidance - - - 5122.404-6(b)(6) ASA(ALT) Yes HCA, with authority to delegate to no lower than CoCO
22 Labor Standards for Contracts Involving Construction Processing of Contracting Officer's Report 22.406-8(d) Agency Head Yes No Limitation No additional Guidance - - - 5122.406-8(d) ASA(ALT) Yes DA, Labor Advisor
22 Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 Exemption of specific contracts or classes of contracts from the inclusion or application of one or more of the Small Business Act stipulations 22.604-2(b)(1) Agency Head Yes No Limitation No additional Guidance - - - - Director, OSBP No -
22 Equal Employment Opportunity. Procedures Approval to award without preaward clearance 22.805(a)(8) HCA Yes No limitation No additional Guidance - - - 5122.805(a)(8) HCA Yes No lower than CoCO
22 Equal Employment Opportunity. Exemptions Exemption of EO 11246 for national security 22.807(a)(1) Agency Head Yes No Limitation No additional Guidance - - - 5122.807(a)(1) ASA(ALT) Yes DASA(P), without power to further delegate
22 Non-displacement of Qualified Workers Under Service Contracts Waive some or all of the provisions in FAR subpart 22.12 22.1203(a) SPE No - No additional Guidance - - - - SPE No -
22 Equal Employment Opportunity for Veterans Waiver of Requirements when determined that the contract is essential to the national security 22.1305(b) Head of Agency Yes No Limitation No additional Guidance - - - 5122.1305(b) ASA(ALT) Yes DASA(P), without power to further delegate
22 Employment of Workers with Disabilities Waiver of Requirements when determined that the contract is essential to the national security 22.1403(b) Head of Agency Yes No Limitation No additional Guidance - - - 5122.1403(b) ASA(ALT) Yes DASA(P), without power to further delegate
22 Procedures for acquiring end products on the list of products requiring contractor certification as to forced or indentured child labor. Imposing remedies if the contractor has furnished an end product or component that has in fact been mined, produced, or manufactured, wholly or in part, using forced or indentured child labor. 22.1503(f) Head of Agency Yes No Limitation No additional Guidance - - - 5122.1503(f) ASA(ALT) Yes HCA, with authority to delegate to No Lower than SCO
22 Notification of Employee Rights Under the National Labor Relations Act Objection to Suspension or Termination of a contract if violation of National Labor Relations 22.1604(d) Agency Head Yes No Limitation No additional Guidance - - - 5122.1604(d) ASA(ALT) Yes HCA, without power to further delegate
22 Combating Trafficking in Persons Exemption from the requirement to provide return transportation or pay for the cost of return transportation 22.1703(a)(7) Agency Head Yes No Limitation No additional Guidance - - - 5122.1703(a)(7) ASA(ALT) Yes HCA, with authority to delegate to No Lower than SCO
22 Combating Trafficking in Persons - Violations and Remedies Receipt of agency Inspector General report 22.1704(c) Head of Executive Agency Yes No Limitation No additional Guidance - - - 5122.1704(c) ASA(ALT) Yes HCA, with authority to delegate to No Lower than SCO
22 Employment Eligibility Verification. Policy Waive e-Verify requirement for a contract, subcontract, or class of contracts or subcontracts 22.1802(d) HCA No - No additional Guidance - - - - HCA No -
23 Sustainable Acquisition Policy - Exceptions Determination of Application 23.104(a) Agency Head Yes No Limitation No additional Guidance - - - 5123.104(a) ASA(ALT) Yes HCA, with authority to delegate to No Lower than SCO
23 Sustainable Acquisition Policy - Exemption Authority Exemption Authority to purchase sustainable products 23.105 Head of Agency Yes No Limitation No additional Guidance - - - 5123.105 ASA(ALT) Retain -
23 Energy and Water Efficiency and Renewable Energy. Procurement Exemptions Determination not to procure an ENERGY STAR or FEMP-designated product if no ENERGY STAR or FEMP-designated product is reasonably available or no ENERGY STAR or FEMP-designated product is cost effective 23.204 Agency Head Yes No limitation No additional Guidance - - - 5123.204 ASA(ALT) Yes HCA, with authority to delegate to No lower than the CoCO
23 Safety precautions for ammunition and explosives. Procedures Waives the mandatory requirements for safety precautions for ammunition and explosives. - - - - DFARS PGI 223.370-4(1)(i) HCA Yes No limitation 5123.370-4(1)(i) HCA Yes No lower than SCO
23 Drug-Free Workplace Determination to suspend contract payments, terminate a contract for default, debar or suspend 23.506(e) Agency Head No - No additional Guidance - - - - ASA(ALT) No -
23 Contractor Compliance with Environmental Management Systems Determination that the use of Compliance With Environmental Management Systems clause for facilities located outside the U.S. 23.903 Agency Head Yes No Limitation No additional Guidance - - - 5123.903 ASA(ALT) Yes HCA, with authority to delegate to No Lower than SCO
25 Buy America Supplies, Exceptions Approval of determination for public interest exception to Buy American statute at various thresholds 25.103(a) Agency Head Yes No limitation 225.103(a)(ii)(B)(1) At a Level Above KO Yes No limitation 5125.103(a)(ii)(B)(1) No Lower than 1 Level Above KO No -
25 Buy America Supplies, Exceptions Approval of determination for public interest exception to Buy American statute at various thresholds 25.103(a) Agency Head Yes No limitation 225.103(a)(ii)(B)(2) HCA Yes No limitation 5125.103(a)(ii)(B)(2) HCA Yes No lower than SCO
25 Buy America Supplies, Exceptions Approval of determination for public interest exception to Buy American statute at various thresholds 25.103(a) Agency Head Yes No limitation 225.103(a)(ii)(B)(3) Agency Head Yes No limitation 5125.103(a)(ii)(B)(3) ASA(ALT) Yes HCA, without power to further delegate
25 Buy America Supplies, Exceptions Approval of determination for nonavailability exception to Buy American statute for acquisitions valued at or below SAT 25.103(b)(2)(i) HCA Yes No limitation 225.103(b)(ii)(A) At a Level Above KO Yes No limitation 5125.103(b)(ii)(A) No Lower than 1 Level Above KO No -
25 Buy America Supplies, Exceptions Approval of determination for nonavailability exception to Buy American statute for acquisitions valued between the SAT and less than $1.5M 25.103(b)(2)(i) HCA Yes No limitation 225.103(b)(ii)(B) CoCO Yes No limitation 5125.103(b)(ii)(B) CoCO No -
25 Buy America Supplies, Exceptions Approval of determination for nonavailability exception to Buy American statute for acquisitions valued at $1.5M or more 25.103(b)(2)(i) HCA Yes No limitation 225.103(b)(ii)(C) HCA or Immediate Deputy Yes No limitation 5125.103(b)(ii)(C) HCA Yes No lower than SCO
25 Buy American - Supplies Determination that use of higher evaluation factors are appropriate 25.105(a)(1) Head of Agency Yes No Limitation No additional Guidance - - - 5125.105(a)(1) ASA(ALT) Yes DASA(P) and for the U.S. Army Corps of Engineers, the HCA USACE, without power to further delegate
25 Buy American - Construction Materials Authority to determine the use of a particular domestic construction material is impracticable 25.202(a)(1) Agency Head Yes No limitation No additional Guidance - - - 5125.202(a)(1) ASA(ALT) Yes DASA(P) and for the U.S. Army Corps of Engineers, the HCA USACE, without power to further delegate
25 Buy American - Construction Materials Authority to determine the use of a particular domestic construction material is inconsistent with public interest 25.202(a)(1) Agency Head Yes No limitation No additional Guidance - - - 5125.202(a)(1) ASA(ALT) Retain -
25 Buy American-Construction Materials Determining that construction material is not mined, produced, or manufactured in the US in sufficient and reasonably available quantities of a satisfactory quality 25.202(a)(2) HCA Yes No limitation 225.202(a)(2) (see 225.103(b)(ii)(A)) At a Level Above KO Yes No limitation 5125.202(a)(2) No Lower than 1 Level Above KO No -
25 Buy American-Construction Materials Determining that construction material is not mined, produced, or manufactured in the US in sufficient and reasonably available quantities of a satisfactory quality 25.202(a)(2) HCA Yes No limitation 225.202(a)(2) (see 225.103(b)(ii)(B)) CoCO Yes No limitation 5125.202(a)(2) CoCO without further delegation No -
25 Buy American-Construction Materials Determining that construction material is not mined, produced, or manufactured in the US in sufficient and reasonably available quantities of a satisfactory quality 25.202(a)(2) HCA Yes No limitation 225.202(a)(2) (see 225.103(b)(ii)(C)) HCA or Immediate Deputy Yes No limitation 5125.202(a)(2) HCA Yes No lower than SCO
25 Buy American - Construction Materials Specifying a higher percentage to the offered price of the cost of any foreign construction material proposed for exception from the requirements of the Buy American Act based on unreasonable cost of domestic materials 25.204(b) Head of Agency Yes No Limitation No additional Guidance - - - 5125.204(b) ASA(ALT) Yes DASA(P) and for the U.S. Army Corps of Engineers, the HCA USACE, without power to further delegate
25 World Trade Organization Government Procurement Agreement and Free Trade Agreement Approval of national interest waiver for purchase by overseas purchasing activity in support of US forces stationed abroad - - - - 225.403(c)(ii)(A) HCA Yes No limitation 5125.403(c)(ii)(A) HCA Yes No lower than SCO
25 American Recovery and Reinvestment Act--Buy America Statute-Construction materials Determining for ARRA that construction material is not mined, produced, or manufactured in the US in sufficient and reasonably available quantities of a satisfactory quality 25.603(a)(1)(i) HCA Yes No limitation No additional Guidance - - - 5125.603(a)(1)(i) HCA Yes No lower than SCO
25 American Recovery and Reinvestment Act--Buy America Statute-Construction materials Determination that application of the restrictions of AARA in particular manufactured construction material would be inconsistent with the public interest 25.603(a)(1)(iii) Agency Head Yes No limitation No additional Guidance - - - 5125.603(a)(1)(iii) ASA(ALT) Yes HCA, with authority to delegate to No lower than SCO
25 American Recovery and Reinvestment Act--Buy America Statute-Construction materials Determination that application of the Buy American statute to a particular unmanufactured construction material would be impracticable 25.603(a)(2) Agency Head Yes No limitation No additional Guidance - - - 5125.603(a)(2) ASA(ALT) Yes HCA, with authority to delegate to No lower than SCO
25 End Use Certificates Authority to sign EUCs for non-PEO managed items. - - - - 225.802-71 See DoDI 2040.03 for Delegation DoD Component Heads Yes No Lower than GO/SES 5125.802-71 ASA(ALT) Yes DASA(P), without power to further delegate
25 End Use Certificates Authority to sign EUCs for PEO managed items. - - - - 225.802-71 See DoDI 2040.03 for Delegation DoD Component Heads Yes No Lower than GO/SES ASA(ALT) Memorandum, SUBJECT: Delegation of Authority under Department of Defense Instruction 2040.03, "End Use Certificates" dated 30 January 2021. ASA(ALT) Yes PEOs/DPEOs
25 Contracting with Canadian Contractors. Contracting Procedures Determination that data other than certified cost/pricing data from Canadian Commercial Corporation are needed in order to determine that price is fair and reasonable in circumstances other than those in 225.870-4(c)(2)(i) - - - - 225.870-4(c)(2)(ii) HCA Yes No lower than 2 levels above KO 5125.870-4(c)(2)(ii) No Lower Than 2 Levels Above KO No -
25 Contracting with Canadian Contractors. Contracting Procedures Determination that it is in the best interest of the Government to make award to offeror who does not comply with requirement to submit other than certified cost or pricing data - - - - 225.870-4(c)(5) HCA Yes No limitation 5125.870-4(c)(5) HCA Yes No Lower than 2 levels above KO
25 Foreign Acquisition Waiver of Right to Examine Records 25.1001(a)(2)(iii) Head of Agency Yes No Limitation No additional Guidance - - - 5125.1001(a)(2)(iii) ASA(ALT) Retain -
25 Authorization Acts, Appropriation Acts, and Other Statutory Restrictions on Foreign Acquisition Determination that items grown, reprocessed, reused, or produced in the United States cannot be acquired as and when needed in a satisfactory quality and sufficient quantity at U.S. market prices - - - - 225.7002-2 Secretary of the Army No - 5125.7002-2(b)(1)(ii)(1) Secretary of the Army No -
25 Restrictions on Acquisitions of Specialty Metals--Exceptions Determines that specialty metal melted or produced in the United States cannot be acquired as and when needed at a fair and reasonable price in a satisfactory quality, a sufficient quantity, and the required form (i.e., a domestic nonavailability determination that apply to only 1 contract). - - - - 225.7003-3(b)(5)(i) Secretary of the Military Department No - 5225.7003-3(b)(5)(i)(l) Secretary of the Army No -
25 Restrictions on Acquisitions of Specialty Metals--Exceptions Determines that specialty metal melted or produced in the United States cannot be acquired as and when needed at a fair and reasonable price in a satisfactory quality, a sufficient quantity, and the required form (i.e., a domestic nonavailability determination for more than 1 contract). - - - - 225.7003-3(b)(5)(ii) USD(AT&L) No - 5225.7003-3(b)(5)(i)(l) USD(AT&L) No -
25 Waiver of Restrictions of 10 U.S.C. 2534 Waiver of restrictions on certain foreign purchases on a case-by-case basis - - - - 225.7008(a)(2) HCA Yes No limitation 5125.7008(a)(2) HCA Yes No lower than SCO
25 Authorization Acts, Appropriations Acts, and Other Statutory Restrictions on Foreign Acquisition. Waiver on restriction for supercomputer - - - - 225.7012-2 SECDEF Yes No limitation 5125.7012-2 SECDEF No -
25 Restriction on Acquisition of Certain Magnets and Tungsten Determination to make individual nonavailability determination - - - - 225.7018-4(a)(1) HCA Yes No limitation - HCA Retain -
25 Requirement to Use Firm-Fixed-Price Contracts for FMS Waiver of requirement to use a firm-fixed-price contract for FMS. - - - - 225.7301-1(b) See DPC Class Deviation 2020-O0003 valid through Dec 31, 2020; After CoCO Yes No Limitation 5125.7301-1(b) CoCO Retain -
25 Enhanced Authority to Acquire Products or Services from Afghanistan, Determination Requirements Determination to use enhanced authority for individual acquisition of products or services with a value of less than $100M from Afghanistan - - - - 225.7703-2(b)(2)(i) HCA Yes No limitation 5125.7703-2(b)(2)(i) HCA Yes No lower than SCO
25 Enhanced Authority to Acquire Products or Services from Afghanistan, Determination Requirements Determination to use enhanced authority for individual acquisition of products or services with a value of $100M or more from Afghanistan - - - - 225.7703-2(b)(2)(ii) AAE No - - AAE No -
25 Prohibition on Providing Funds to the Enemy and Authorization of Additional Access to Records Authority to terminate or void contracts and to restrict future awards directly or indirectly to any person that is actively opposing United States or coalition forces involved in a contingency operation in which members of the armed forces are actively engaged in hostilities. - - - - 225.7793 (Class Deviation 2015-O0016) HCA No - - HCA No -
25 Enhanced authority to acquire products or services of Djibouti in support of DoD operations in Djibouti Determination to use enhanced authority for individual acquisition of products or services with a value of $93M or more, or a class of acquisitions, from Djibouti - - - - 225.7798-4(b)(1)(ii) (Class Deviation 2016-O0005) HCA No - - HCA No -
25 Authority to acquire products and services (including construction) from Afghanistan or from countries along a major route of supply to Afghanistan, Determination Requirements Determination to use authority for individual acquisition of products or services (including construction) with a value of $93M or more, or a class of acquisitions, from Afghanistan or a country along a major route of supply to Afghanistan - - - - 225.7799-2(b)(1)(ii) (Class Deviation 2016-O0004) HCA No - - HCA No -
27 Patent and Copyright Infringement Liability - Contract Clauses Obtain approval to exempt specific US patents from the patent indemnity clause 27.201-2(e) Agency Head Yes No Limitation No Additional Guidance - - - 5127.201-2(e) ASA(ALT) Yes Commander, U.S. Army Legal Services Agency; Exception: the Commander for AMC and designees that have patent counsel
27 Patent Rights Under Government Contracts - Contract Clauses Grant a foreign government a sublicense in subject inventions pursuant to a specified treaty or agreement 27.303(b)(3) Agency Head Yes No Limitation 227.303(2)(ii)(B) Agency Head Yes No limitation 5127.303(b)(3) ASA(ALT) Retain -
27 Patent Rights Under Government Contracts - Contract Clauses Determine that restriction or elimination of the right to retain title to any subject invention will better promote the policy and objectives of USC 35, chapter 18. 27.303(e)(1)(ii) Agency Head Yes No Limitation No Additional Guidance - - - 5127.303(e)(1)(ii) ASA(ALT) Yes HCA, without power to further delegate
27 Patent Rights Under Government Contracts - Contract Clauses Determine that it would be in the national interests to sublicense foreign governments or international organizations pursuant to any existing or further agreement or treaty. 27.303(e)(4)(ii) Agency Head Yes No Limitation No Additional Guidance - - - 5127.303(e)(4)(ii) ASA(ALT) Retain -
27 Licensing Background Patent Rights to Third Parties Allowing Government to Require Licensing to Third Parties of inventions when contracting with a small business firm or nonprofit organization 27.306(a) Agency Head No - No Additional Guidance - - - - ASA(ALT) No -
27 Government right to review, verify, challenge, and validate asserted restrictions. Notification that the person asserting the restriction that urgent or compelling circumstances do not permit the Government to continue to respect the asserted restriction. - - - - 227.7103-13(d)(6)(iii) (See DFARS 252.227-7037(g)(2)) Agency Head No - 5127.7103-13(d)(6)(iii) ASA(ALT) No -
27 Conformity, Acceptance and Warranty of Technical Data Authorization to withhold payments (or exercise such other remedies an agency head considers appropriate) during any period if the contractor does not meet the requirements of the contract pertaining to the delivery of technical data. - - - - 227.7103-14(a)(2) Agency Head Yes No limitation 5127.7103-14(a)(2) ASA(ALT) Yes No Lower Than the KO
27 Government right to review, verify, challenge, and validate asserted restrictions. Notification that that urgent or compelling circumstances do not permit the Government to continue to respect the asserted restriction - - - - 227.7203-13(e)(1) (See DFARS 252.227-7019(g)(3)) Agency Head No - 5127.7203-13(e)(1) ASA(ALT) No -
28 Bid Guarantees Class waivers may be authorized for bid guarantees 28.101-1(c) Agency Head Yes No limitation No additional Guidance - - - 5128.101-1(c) ASA(ALT) Yes HCA, with authority to delegate to No lower than SCO
28 Other Types of Bonds Approval to use other types of bonds in connection with acquiring particular supplies or services 28.105 HCA Yes No limitation 228.105 - - - 5128.105 HCA Yes No lower than CoCO
28 Substitution of Surety Bonds Approval of new surety bond covering all or some obligations on a bond previously approved 28.106-2(a) HCA Yes No limitation No additional Guidance - - - 5128.106-2(a) HCA Yes No lower than CoCO
28 Furnishing information on Surety Bonds Copies of payment bonds, provided for contracts, shall be furnished to any person who makes a request 28.106-6(c) Agency Head Yes No limitation No additional Guidance - - - 5128.106-6(c) ASA(ALT) Yes HCA, with authority to delegate to No lower than SCO
28 Exclusion of Individual Sureties Excluding individual from acting as a surety on bonds 28.203-5 Agency Head Yes No limitation No additional Guidance - - - 5128.203-5(d) ASA(ALT) Yes Suspension and Debarment Official, without power to further delegate
28 Overseas Workers Compensation and War Hazard Insurance. Waiver of applicability of the Defense Base Act to any contract, subcontract, work location or classification of employees 28.305(d) Agency Head Yes No Limitation No additional Guidance - - - 5128.305(d) ASA(ALT) Yes DASA(P), without power to further delegate
28 Solicitation Provisions and Contract Clauses on Liability Insurance Under Cost-Reimbursement Contracts Waiver of requirement to use clause at FAR 52.228-7 28.311-1 - - - 228.311-1 HCA Yes No limitation 5128.311-1 HCA Yes No lower than CoCO
28 Insurance--Additional Clauses Decision not to allow contractor to buy insurance for war-hazard losses - - - - 228.370(a)(2) HCA Yes No limitation 5128.370(a)(2) HCA Yes No lower than SCO
29 Federal Excise Taxes Process applications to the Bureau of Alcohol, tobacco, and Firearms for permits to procure alcohol free of tax pursuant to guidance at Title 27 Code of Federal Regulations, Section 22.172 Application and permit - - - - - - - - 5129.201(b) ASA(ALT) Yes HCA, with authority to delegate to No lower than SCO
29 Application of State and Local Taxes to Government Contractors and Subcontractors Designation of Prime and Subcontractors as agents of the Government 29.303(a) Agency Head Yes No Limitation No additional Guidance - - - 5129.303(a) ASA(ALT) Yes DASA(P), without power to further delegate
30 Waiver of CAS A waiver to CAS for a particular contract or subcontract 30.201-5(a) and (b) Agency head Yes not below the senior contract policymaking level 230.201-5(a)(2) Agency head Yes not below the senior contract policymaking level 5130.201-5(a)(2) ASA(ALT) Yes DASA(P), without power to further delegate
30 CAS Program Requirements - Disclosure Requirements Authorization of a CAS-covered contract award without obtaining submission of the required disclosure statement 30.202-6(b) Agency Head No - No additional Guidance - - - 5130.202-6(b) ASA(ALT) No -
31 Interest and Other Financial Costs Waive some or all requirements of FAR part 31 for Government contracts awarded in conjunction with conveyance of a utility system under 10 U.S.C 2688 31 - - - 231.100-70 (Class Deviation 2011-O0006) HCA Yes No limitation - HCA Retain No delegation for deviation
31 Individual Deviations of Cost Principles Approve Individual Deviations from Cost principles and procedures. 31.101 Agency head Yes No limitation 201.402-1(iv) DPC No - - DPC No -
31 Compensation for Personal Services - Severance Pay Permission to waive severance payment allowability limitations 31.205-6(g)(6) Head of Agency Yes No Limitation No additional Guidance - - - 5131.205-6(g)(6) ASA(ALT) Yes HCA, with authority to delegate to No Lower than SCO
31 Compensation for Personal Services Establish one or more narrowly targeted exceptions for employee compensation limits for scientists, engineers, or other specialists upon a determination that such exceptions are needed to ensure that the executive agency has continued access to needed skills and capabilities. 31.205-6(p)(4)(iii) Agency head Yes No limitation No additional Guidance - - - 5131.205-6(p)(4)(iii) ASA(ALT) Yes HCA, with authority to delegate to No lower than the SCO
32 Contract Financing Reduction or Suspension of Contactor Payments upon finding Fraud 32.006-1(b) and (c) Agency Head Yes Not below the Level IV of Executive Schedule [10 U.S.C. 2307(i)(9)] No additional Guidance - - - 5132.006-1(c) ASA(ALT) Yes HCA if they meet the criteria of Level IV SES, without power to further delegate
32 Contract Financing Payments Prescription for shorter payment periods based on contracting pricing or administrative considerations. Cannot be period shorter than 7 days or longer than 30 days. 32.007(a)(3) and (4) Agency head Yes No limitation No additional Guidance - - - 5132.007(a)(3) and (4) ASA(ALT) Yes HCA, with authority to delegate to 1 level above KO
32 Unusual Contract Financing Approve/authorize contract financing arrangements that deviate from arrangements in FAR 32.1 32.114 Agency head Yes No limitation 201.402(1)(vi) Director, DPC No No limitation 5132.114 Director, DPC No -
32 Commercial Item Purchase Financing - Statutory Authority Determination that payment for commercial items maybe under such terms and conditions that are appropriate or customary in the commercial marketplace 32.201 Head of Agency Yes No Limitation No additional Guidance - - - 5132.201 ASA(ALT) Yes No Lower Than the KO
32 Commercial Item Purchase Financing Approval, as unusual contract financing, of any contract financing arrangement not in accord with agency regs or FAR 32.202 32.202-1(d) HCA Yes No limitation 201.402(1)(vi) Director, DPC No No limitation 5132.202-1(d) Director, DPC No -
32 Advance Payments for Non-Commercial Items Determination that statutory requirements and standards for advance payment are met and in in the public interest 32.402(c)(1)(iii)(A) Agency Head Yes No Limitation No additional Guidance - - - 5132.402(c)(1)(iii)(A) ASA(ALT) Retain -
32 Advance Payments for Non-Commercial Items Determination that statutory requirements and standards for advance payment are met and facilitates the national defense 32.402(c)(1)(iii)(B) Agency Head Yes No Limitation No additional Guidance - - - 5132.402(c)(1)(iii)(B) Secretary of the Army No -
32 Advance Payments for Non-Commercial Items Authorization of advance payments without interest under certain types of contracts 32.407(d) Agency Head Yes No Limitation No additional Guidance - - - 5132.407(d) ASA(ALT) Yes HCA, with authority to delegate to No Lower Than SCO
32 Unusual Progress Payments Approval of contractor's request for unusual progress payments 32.501-2(a)(3) HCA Yes No limitation DFARS PGI 232.501-2 Director, DPC No - - DPC No -
32 Contract Funding - Contracts Crossing Fiscal Years Entering into a contract or exercising an option for severable services for a period that begins in one fiscal year and ends in the next fiscal year 32.703-3(b) Head of Executive Agency Yes No Limitation 232.703-3(b) KO No - - KO No -
32 Assignment of Claims Determination to include a no-setoff commitment 32.803(d) Head of Agency Yes No Limitation 232.803(d) KO in accordance with FAR 32.803(d) No - 5132.803(d) ASA(ALT) Retain -
32 Prompt Payment. Applicability Determination that conditions exist that limit normal business ops - - - - 232.901(1)(ii) HCA Yes No limitation 5132.901(1)(ii) HCA Yes No lower than the SCO
32 Prompt Payment. Applicability Subsequent determinations as operational area becomes more stable or less stable - - - - 232.901(3) HCA Yes No limitation 5132.901(3) HCA Yes No lower than the SCO
32 Prompt Payment Responsibilities Establish policies and procedures for prompt payment 32.903(a) Agency Head Yes No Limitation No additional Guidance - - - 5132.903(a) ASA(ALT) Yes DASA(P), without power to further delegate, for policy and procedures; Execution may be addressed in AFARS
32 Making Payments Determination to make invoice payments earlier than 7 days prior to the due date 32.906(a) Agency Head Yes No Limitation No additional Guidance - - - 5132.906(a) ASA(ALT) Yes HCA, with authority to delegate to No lower than the SCO
32 Electronic Funds Transfer Mechanisms Authorization of other mechanisms for domestic and nondomestic EFT 32.1106 Agency Head Yes No Limitation No additional Guidance - - - 5132.1106 ASA(ALT) Yes HCA, without power to further delegate
33 Protests Make determinations when a solicitation, proposed award, or award does not comply with the requirements of law or regulation 33.102(b) Agency Head Yes No limitation No additional Guidance - - - 5133.102(b)(i) ASA(ALT) Yes HCA, with authority to delegate to No lower than SCO, the Chief of the Supporting Legal Office or the Official Designated as the Independent Review Authority IAW FAR 33.103(d)(4)
33 Protests to agency Procedures for Independent Reviews by Interested Parties 33.103(d)(4) Level above KO Yes No limitation No additional Guidance - - - 5133.103(d)(4)(iii) HCA Yes No lower than CoCO
33 Protests to GAO Protests before award 33.104(b)(1) HCA No - No additional Guidance - - - 5133.104(b) HCA No -
33 Protests to GAO Protests after award 33.104(c)(2) HCA No - No additional Guidance - - - 5133.104(c) HCA No -
33 Protests to GAO Reporting to GAO the agency's failure to fully implement GAO's recommendations regarding a solicitation or contract award 33.104(g) HCA Yes No limitation No additional Guidance - - - 5133.104(g) HCA Yes No lower than SCO; Exception for USACE: Chief Counsel
33 Applicability of Disputes Determination that the application of the Disputes statute to the contract with an international organization or a subsidiary body of that organization, would not be in the public interest. 33.203(b)(2) Agency head Yes No limitation No additional Guidance - - - 5133.203(b)(2) ASA(ALT) Yes DASA(P), without power to further delegate
33 Contracting officer’s duties upon appeal. Approval of use of the Judgment Fund for cases at or below $1M - - - - - - - - 5133.212-98(a)(1) ASA(FM&C) Yes DASA-FO, without power to further delegate
33 Obligation to continue performance Approve the determination to use the alternate paragraph in the clause at FAR 233-1 33.213 - - - - - - - 5133.213(a) HCA Yes No lower than SCO; Exception for USACE: No lower than CoCO; Deviation Required
33 Disputes and Appeals. Contract Clauses Determination that continued performance is necessary pending resolution of claims arising under or related to the contract 33.215(a) - - - 233.215(3) HCA Yes No limitation 5133.215(3) HCA Yes No lower than CoCO
33 Grant and Cooperative Agreement Claims, Disputes and Appeals Designation of grant appeal authority - - - - - - - - 5133.9001(c) HCA if a GO/SES; otherwise DASA(P) designates on case by case basis. No -
34 Acquisition of Major Weapon Systems as Commercial Items Determination that the information submitted pursuant to DFARS 234.7002(d)(1) and (d)(2) [Relevant Information] is not sufficient to determine the reasonableness of price - - - - 234.7002(d)(4) HCA Yes No limitation 5134.7002(d)(4) HCA Yes No Lower than CoCO
35 Government Property and Title Application of policies regarding title to equipment to contracts with nonprofit institutions of higher education and nonprofits who conduct scientific research 35.014(b) Agency Head Yes No limitation No additional Guidance - - - 5135.014(b) ASA(ALT) Yes DASA(P), without power to further delegate
35 Special requirements for research and development contracts. Determination that the facilities and equipment are necessary for the performance of the contract 35.014 Secretary of the Military Department Concerned Yes No Limitation No additional Guidance - - - - Secretary of the Army No -
35 Special Use Allowances for Research Facilities Acquired by Educational Institutions Approval for special use allowance for research facilities - - - - 235.015-70(c) HCA Yes No limitation 5135.015-70(c) HCA Yes No lower than SCO
35 Special Use Allowances for Research Facilities Acquired by Educational Institutions Consent to put research facility to significant use other than that which justified the special use allowance - - - - 235.015-70(d)(3)(ii) HCA Yes No limitation 5135.015-70(d)(3)(ii) HCA Yes No lower than SCO
36 Concurrent Performance of Firm-Fixed Price and Other Types of Construction Contracts Approval of CPFF, FPI, or other types of contracts with cost variation or adjustment features concurrently, at same work site, with FFP, lump sum or unit price contracts 36.208 HCA Yes No limitation No additional Guidance - - - 5136.208 HCA Yes No lower than CoCO
36 Construction Contracts with Architect-Engineer Firms Prohibits award of a contract for the construction of a project to the firm that designed the project or its subsidiaries or affiliates, except with the approval. 36.209 Agency head Yes No limitation No additional Guidance - - - 5136.209 ASA(ALT) Yes HCA, with authority to delegate to No lower than SCO
36 Special Procedures for Sealed Bidding in Construction Contracting--Presolicitation Notices Waiving presolicitation notices on any construction requirement when proposed contract is expected to exceed SAT 36.213-2(a) HCA Yes No limitation No additional Guidance - - - 5136.213-2(a) HCA Yes No lower than CoCO
36 Expediting Construction Contracts 10 U.S.C 2858 requires approval to expedite the completion date of a contract funded by Military Construction Appropriations Act, if there are additional costs - - - - 236.270(a) Agency head No - 5136.27 Secretary of the Army No -
36 Construction and Architect-Engineer Contracts--Prequalification of Sources Authorization and approval of prequalification of sources - - - - 236.272(b) HCA Yes No limitation 5136.272(b) HCA Yes No lower than CoCO
36 Construction and Architect -- Engineer Contracts Criteria for use of tow-phase design-build procedures 36.301(b)(3)(vi) Head of Contracting Activity Yes No Limitation No additional Guidance - - - 5136.301(b)(3)(vi) HCA Retain -
36 Two-Phase Design-Build Selection Procedures Approval of determination that more than 5 offerors will be selected to submit phase-two proposals for acquisitions greater than $4.5M - - - - 236.303-1(a)(4) HCA Yes No Lower Than the Senior Contracting Official - HCA Yes No Lower than the SCO
36 Construction and Architect-Engineer Contracts--Additional Provisions and Clauses Approval of use of separate bid item for mobilization and prep work - - - - 236.570(b)(2) HCA Yes No limitation 5136.570(b)(2) HCA Yes No lower than CoCO
36 Selection of Firms for Architect-Engineer Contracts Permits approval of the use of design competition; authorizes t final selection decision; and requires review of the selection report under a short selection process for contracts not expected to exceed the simplified acquisition threshold and approval or return to the chairperson of the evaluation board for appropriate revision. 36.602-1(b) 36.602-4(a) 36.602-5(b)(2) Agency head Yes No limitation No additional Guidance - - - 5136.602-1(b) 5136.602-4(a) 5136.602-5(b)(2) ASA(ALT) Yes HCA, with authority to delegate to No lower than CoCO Exception for USACE: HCA, with authority to delegate to the Center Director/District Commander, with authority to re-delegate to the Center/District Chief Of Engineering, the CoCO, or other appropriate officials Not Below the level of the CoCO.
36 Design Within Funding Limitations Determination not to insert clause at 52.236-22 Design within Funding Limitations 36.609-1(c)(1) HCA Yes No limitation No additional Guidance - - - 5136.609-1(c)(1) HCA Yes No lower than CoCO
37 Personal Services Contracts Personal services contracts for experts and consultants authorized by 10 U.S.C. 129b - - - - 237.104(b)(i) In accordance with Agency regulations Yes No limitation 5137.104(b)(i) HCA Yes No lower than SCO
37 Personal Services Contracts Approval Requirements for Personal services contracts for health care are authorized by 10 U.S.C. 1091 - - - - 237.104(b)(ii)(C)(2) In accordance with Agency regulations Yes No limitation 5137.104(b)(ii)(C)(2) HCA Yes No Lower Than SCO; Exception for MEDCOM No Lower than the CoCO
37 Personal Services Contracts Approval of personal services contract in accordance with 10 USC 129b(d) - - - - 237.104(b)(iii)(A)(2) HCA Yes No limitation 5137.104(b)(iii)(A)(2) HCA Yes No lower than SCO
37 Severance Payments with Foreign Nationals Permits waiver of FAR 31.205-6(g)(6) cost allowability limitations on severance payments to foreign nationals 37.113-1(a) Agency head Yes No limitation No additional Guidance - - - 5137.113-1(a) ASA(ALT) Yes HCA, with authority to delegate to No lower than SCO
37 Approval of Contracts and Task Orders for Services Approval of contract or task order that is not performance-based (at or below $100M) - - - - DFARS 237.170-2(a)(1) Official designated by the Department or Agency Yes No limitation 5137.170-2(a)(1) HCA Yes No Lower than SCO
37 Approval of Contracts and Task Orders for Services Approval of contract or task order that is not performance-based (exceeding $100M) - - - - DFARS 237.170-2(a)(2) SPE Yes No limitation 5137.170-2(a)(2) SPE Yes HCA, without power to further delegate
37 Guidelines for Determining Availability of Personnel Determines if sufficient personnel are available to evaluate/analyze proposals for advisory and assistance service procurements. 37.204 Agency Head Yes No limitation No additional Guidance - - - 5137.204 ASA(ALT) Yes HCA, with authority to delegate to No Lower than SCO
37 Management Oversight of Service Contracts Agency Head Responsibilities 37.503 Agency Head Yes No limitation 237.503 Agency Head or Designee Yes No limitation 5137.503 ASA(ALT) Yes Army Regulation 70-13, Management and Oversight of Service Contracts, chapter 2, implements the responsibilities set forth in FAR 37.503; and FAR 37.503(c) and DFARS 237.503 are implemented at AFARS 5107.503
37 Management Oversight of Service Contracts Review and approval of Acquisition Strategies - - - - DoDi 5000.74 - - - 5137.590-3 (category I) Acquisition of services with an estimated total value of $1B or more, or more than $300M in any one year. AAE Yes DASA(P) or Senior Services Manager, without power to further delegate
37 Management Oversight of Service Contracts Review and approval of Acquisition Strategies - - - - DoDi 5000.74 USD(AT&L) for acquisitions designated as special interest by the USD(AT&L) - - 5137.590-3 (special interest) As designated by USD(A&S), ASA(ALT), DASA(P) or SSM. ASA(ALT) Yes ASA(ALT), DASA(P) or Senior Services Manager, without power to further delegate
37 Management Oversight of Service Contracts Review and approval of Acquisition Strategies - - - - DoDi 5000.74 - - - 5137.590-3 (category II) Acquisition of services with an estimated total value of $250M or more, but less than $1B. AAE Yes DASA(P) or Senior Services Manager, without power to further delegate
37 Management Oversight of Service Contracts Review and approval of Acquisition Strategies - - - - DoDi 5000.74 - - - 5137.590-3 (category III) Acquisition of services with an estimated total value of $100M or more, but less than $250M. AAE Yes HCA, with authority to delegate to No Lower than SCO
37 Management Oversight of Service Contracts Review and approval of Acquisition Strategies - - - - DoDi 5000.74 - - - 5137.590-3 (category IV) Acquisition of services with an estimated value of $10M or more, but less than $100M. AAE Yes HCA, with authority to delegate to No Lower than CoCO
37 Management Oversight of Service Contracts Review and approval of Acquisition Strategies - - - - DoDi 5000.74 - - - 5137.590-3 (category V) Acquisition of services with an estimated total of simplified acquisition threshold, but less than $10M. AAE Yes HCA, with authority to delegate to No Lower than 1 Level Above KO
37 Services at Installations Being Closed--Policy Determination that services acquired from local gov't are in the best interests of DoD - - - - 237.7401(c) HCA Yes No limitation 5137.7401(c) HCA Yes No lower than CoCO
39 Acquisition of Information Technology - Policy Determination that no commercial items are suitable to meet the agency’s needs for information technology products or services, as determined through the use of market research appropriate to the circumstances. - - - - 239.101(1) HCA Yes No limitation 5139.101(1) HCA Yes No Lower than CoCO
39 Telecommunications Services Authorization of provision of the necessary property as GFP or acquisition as CAP if conditions at FAR 45.102(b) met - - - - 239.7402(b)(4) Agency head Yes No limitation 5139.7402(b)(4) ASA(ALT) Yes HCA, without power to further delegate
42 Assignment of Contract Administration Approval of delegation of authority to issue orders under provisioning procedures and under BOAs 42.202(c)(2) HCA Yes No limitation No additional Guidance - - - 5142.202(c)(2) HCA Yes No lower than CoCO
42 Contract Administration Office Functions--Monitoring Contractor Costs Specific direction to conduct formal program of Gov't monitoring of contractor policies, procedures, and practices for controlling costs where significant Gov't business exists - - - - DFARS PGI 242.302(a)(S-75)(c)(1)(i)(C) HCA Yes No limitation 5142.302(a)(S-75)(c)(1)(i)(C) HCA Yes No lower than SCO
42 Assignment of CACO Approve the need for CACO 42.602(a)(2) Agency head Yes No limitation No additional Guidance - - - 5142.602(a)(2) ASA(ALT) Yes HCA, without power to further delegate
42 Indirect Cost Rates--Waiver of Certification Waive the Certification requirement when in the interest of the US or written determination is made available to public 42.703-2 Agency head Yes No limitation No additional Guidance - - - 5142.703-2 ASA(ALT) Yes HCA, with authority to delegate to No lower than SCO
42 Voluntary Refunds Approval to solicit voluntary refunds - - - - PGI 242.7100(4) HCA Yes No limitation 5142.7100(4) HCA Yes No lower than SCO
43 Exceptions to Limitations on Change Orders Waive the limitations in 243.204-70-2, 243.204-70-3 and 243.204-70-4 for unpriced orders necessary to support contingency or humanitarian or peacekeeping operations - - - - 243.204-70-5 Agency head Yes No limitation 5143.204-70-5(c) ASA(ALT) Yes HCA, without power to further delegate
43 Allowable Profit - Change Orders Ensure profit allowed reflects reduced cost risk due to substantial portion of the work complete before definitization - - - - 243.204-70-6 HCA Yes No limitation 5143.204-70-6 HCA Yes No lower than 1 level above KO
45 Government Property Determination that non-severable installation / construction of Gov't property on contractor-owned real property is necessary and in Government's interest 45.102(e) HCA Yes No limitation No additional Guidance - - - 5145.102(e) HCA Yes No lower than SCO
45 Government Property Exception to GFP ID for items used to support a contingency operation or to facilitate defense against or recovery from nuclear, biological, chemical, or radiological attack - - - - 245.102(4)(ii)(B) Agency head Yes No limitation 5145.102(4)(ii)(B) ASA(ALT) Yes HCA, with authority to delegate to No Lower Than SCO
45 Government Property--Policy Determine exception to requirement for contractor to tag, label, or mark items (IUID) acquired from a small business or commercial item - - - - 245.102(4)(ii)(C)(1)(i) Component Acquisition Executive for ACAT I program Yes No limitation 5145.102(4)(ii)(C)(1)(i) AAE Yes Responsible Program Executive Officer
45 Government Property--Policy Determine exception to requirement for contractor to tag, label, or mark items (IUID) acquired from a small business or commercial item - - - - 245.102(4)(ii)(C)(1)(ii) HCA for non-ACAT I programs Yes No limitation 5145.102(4)(ii)(C)(1)(ii) HCA Yes No lower than SCO
45 Use and Rental of Government Property Approval of contractor use of Gov't property for commercial use expected to exceed 25% of total use of Gov't and commercial work performed 45.301(f) HCA Yes No limitation No additional Guidance - - - 5145.301(f) HCA Yes No lower than SCO
48 Value Engineering. Policies Exemption for class of contracts from inclusion of value engineering provisions 48.102(a) Agency head Yes No limitation No additional Guidance - - - 5148.102(a) ASA(ALT) Yes HCA, with authority to delegate to No lower than SCO
48 Value Engineering. Sharing Arrangements Determination that cost of calculating & tracking savings will exceed benefits (sharing collateral savings) 48.104-3(a) HCA Yes No limitation No additional Guidance - - - 5148.104-3(a) HCA Yes No lower than CoCO
48 Value Engineering-- Clauses for Supply or Service Contracts Exempted the contract (or a class of contracts) from the requirements of this Part 48 48.201(a)(6) Agency Head Yes No limitation No additional Guidance - - - 5148.201(a)(6) ASA(ALT) Yes HCA, with authority to delegate to No lower than SCO
48 Value Engineering-- Clauses for Supply or Service Contracts Determination that Collateral savings computation not cost-effective. 48.201(e) HCA Yes No limitation No additional Guidance - - - 5148.201(e) HCA Yes 1 level above KO
48 Value Engineering-- Clauses for Construction Contracts Determination that benefits from inclusion of FAR clause 52.248-3 Alt 1 exceeds the cost of computing and tracking collateral savings 48.202 HCA Yes No limitation No additional Guidance - - - 5148.202 HCA Yes No lower than CoCO
49 Special Termination Costs Approve the use of clause at 252.249-7000, Special Termination Costs, in an incrementally funded contract - - - - 249.501-70(a) Agency head Yes No limitation 5149.501-70(a) ASA(ALT) Yes HCA, with authority to delegate to No lower than the CoCO
50 Delegation of and Limitations on Exercise of Authority Authority to indemnify against unusually hazardous or nuclear risks, including extension of such indemnification to subcontracts 50.102-1(d) Secretary of Agency Concerned No - 250.102-1(d) Secretary of the Military Department No - 5150.102-1(d) Secretary of the Army No -