Sec.
901.101 Purpose
901.102 Authority
901.103 Applicability
901.104 Issuance
901.104-1 Publication and Code Arrangement
901.104-2 Arrangement of Regulations
901.104-3 Copies
901.105 OMB Control Numbers

Subpart 901.3. Agency Acquisition Regulations

901.301-70 Other Issuances Related to Acquisition.

Subpart 901.6. Contracting Authority and Responsibilities

901.601 General.

901.602-3 Ratification of Unauthorized Commitments.

Authority: 42 U.S.C. 2201; 2282a; 2282b; 2282c; 42 U.S.C. 7101, et seq.; 41 U.S.C. 418b; 50 U.S.C. 2401 et seq.

Source: 61 FR 41702, Aug. 9, 1996, and 71 FR 16241, Mar. 31, 2006.

Subpart 901.1. Purpose, Authority, Issuance

901.101. Purpose

The Department of Energy Acquisition Regulation (DEAR) in this chapter establishes uniform acquisition policies which implement and supplement the Federal Acquisition Regulation (FAR).

901.102. Authority

The DEAR and amendments thereto are issued by the Procurement Executive pursuant to a delegation from the Secretary in accordance with the authority of section 644 of the Department of Energy Organization Act (42 U.S.C. 7254), section 205(c) of the Federal Property and Administrative Services Act of 1949, as amended, (40 U.S.C. 486(c)), and other applicable law.

901.103. Applicability

The FAR and DEAR apply to all DOE acquisitions of supplies and services which obligate appropriated funds unless otherwise specified in this chapter.

901.104. Issuance

901.104-1. Publication and Code Arrangement

(a) The DEAR and its subsequent changes are published in the Federal Register, cumulative form in the Code of Federal Regulations, and a separate loose-leaf edition.

(b) The DEAR is issued as Chapter 9 of Title 48 of the Code of Federal Regulations.

901.104-2 Arrangement of Regulations

(a) General. The DEAR is divided into the same parts, subparts, sections, subsections and paragraphs as is the FAR.

(b) Numbering. The numbering illustrations at (FAR) 48 CFR 1.104-2(b) apply to the DEAR, but the DEAR numbering will be preceded with a 9 or a 90. Material which supplements the FAR will be assigned the numbers 70 and up.

901.104-3. Copies.

Copies of the DEAR published in the Federal Register or Code of Federal Regulations may be purchased from the Superintendent of Documents, Government Printing Office, Washington, DC 20402.

901.105. OMB Control Numbers

The Paperwork Reduction Act of 1980, Public Law 98-511, and the Office of Management and Budget's implementing regulations at 5 CFR part 1320, require that reporting and record keeping requirements affecting 10 or more members of the public be cleared by that Office. The OMB control number for the collection of information under 48 CFR chapter 9 is 1910-4100, except for the following: Reporting and Recordkeeping Requirements for Safety Management (see 48 CFR 970.5223-1), OMB number 1910-5103.

[62 FR 34842, Jun. 27, 1997; 65 FR 80994, Dec. 22, 2000]

Subpart 901.3. Agency Acquisition Regulations

901.301-70 Other Issuances Related to Acquisition.

In addition to the FAR and DEAR, there are other issuances which deal with acquisition. Among these are the Federal Property Management Regulations, the DOE Property Management Regulations, and DOE Directives.

Subpart 901.6. Contracting Authority and Responsibilities

901.601 General.

(a) Contracting authority vests in the Secretary of Energy. The Secretary has delegated this authority to the Procurement Executive. The Procurement Executive has redelegated this authority to the Heads of Contracting Activities (HCA). These delegations are formal written delegations containing dollar limitations and conditions. Each HCA in turn makes formal contracting officer appointments within the contracting activity.

(b) The Procurement Executive has been authorized, without power of redelegation, to perform the functions set forth at 48 CFR 1.601(b) regarding the assignment of contracting functions and responsibilities to another agency, and the creation of joint or combined offices with another agency to exercise acquisition functions and responsibilities.

[62 FR 53754, Oct. 16, 1997]

901.602-3. Ratification of unauthorized commitments. (DOE coverage. paragraph (b)).

(b) (2) The Procurement Executive is authorized to ratify an unauthorized commitment.

(3) The ratification authority of the Procurement Executive in paragraph (b)(2) of this section is delegated to the Head of the Contracting Activity (HCA) for individual unauthorized commit-
ments of $25,000 or under. The ratification authority of the HCA is nondelegable.

[61 FR 41702, Aug. 9, 1996]

901-1