TREASURY DIRECTIVE
12-11Date: March 26, 2002
Sunset Review: March 26, 2006
SUBJECT: Procurement Authority
1. DELEGATIONS.
a. Procurement Executive. The Director, Office of Procurement, Departmental Offices, is designated as Procurement Executive, in accordance with the provisions of Executive Order (E.O.) 12931, "Federal Procurement Reform," and 41 U.S.C. 414. The Director, Office of Procurement, is responsible for the maintenance and oversight of a Department-wide procurement system, and is authorized to:
(1) prescribe and publish Department-wide procurement policies, regulations and procedures;
(2) enter into, make determinations and decisions and take other actions, consistent with appropriate laws, Executive Orders, policies, regulations, and procedures with respect to purchases, contracts, leases, and other contractual procurement transactions, except those required by law or regulation to be made by other authority;
(3) designate persons qualified in procurement matters as contracting officers;
(4) oversee the development of procurement goals, guidelines, and innovation, measure and evaluate procurement office evaluation against stated goals, and advise agency heads whether the goals are being achieved;
(5) enhance career development of the procurement workforce;
(6) obtain information on private and public sector best practices related to procurement, and promote implementation of innovative practices and streamlined processes designed to improve procurement management and productivity;
(7) evaluate and monitor the performance of the Department's procurement system, including internal procurement oversight processes throughout Treasury;
(8) designate, pursuant to 41 U.S.C. 418, the Department of the Treasury advocate for competition, and pursuant to 41 U.S.C. 253j, a task and delivery order ombudsman who meets the qualifications required by that provision;
(9) develop and maintain an automated procurement data system, as required by Office of Federal Procurement Policy Act, as amended, and assure that procurement data submitted to the Federal Procurement Data System is accurate, complete and timely;
(10) approve, prior to development, other Department-wide and bureau automated procurement systems;
(11) encourage the use of information technology to support procurement and lead/direct efforts towards standardization, including the development of interfaces with other Departmental systems, such as the financial management accounting system, to increase productivity and streamline the procurement process;
(12) designate, pursuant to 41 U.S.C. 252c, a program manager, reporting directly to the Procurement Executive, to direct the development and implementation of an electronic commerce capability for acquisition management throughout Treasury;
(13) implement an effective and efficient contract administration program that includes certification of contracting officer technical representatives, adequate training of procurement personnel, and systemized contract performance evaluations;
(14) establish Procurement Councils of Departmental and bureau officials and front line representatives to assist in accomplishing pertinent responsibilities;
(15) promote the use of performance-based contracting in accordance with government-wide goals; and
(16) fulfill the procurement oversight responsibilities from Executive Order 12931, Section 1.
b. Bureau Head Procurement Authority.
(1) The following officials of the Department of the Treasury are delegated authority to perform the functions described in paragraphs 1.a.(2), 1.a.(3), 1.a.(5) through 1.a.(13), and 1.a.(20), with respect to procurement transactions and operations of their organizations:
(a) Chief Management and Administrative Programs Officer, Treasury
(b) Director, Bureau of Alcohol, Tobacco and Firearms;
(c) Comptroller of the Currency;
(d) Commissioner, U.S. Customs Service;
(e) Director, Bureau of Engraving and Printing;
(f) Director, Federal Law Enforcement Training Center;
(g) Commissioner, Financial Management Service;
(h) Commissioner, Internal Revenue Service;
(i) Director, United States Mint;
(j) Director, Office of Thrift Supervision;
(k) Commissioner, Bureau of the Public Debt;
(l) Director, U.S. Secret Service;
(m) Inspector General, Treasury;
(n) Treasury Inspector General for Tax Administration; and
(o) Director, Financial Crimes Enforcement Network
(2) Each of the officials named in paragraph 1.b.(1) shall also appoint a Competition Advocate in accordance with 41 U.S.C. 418 and regulations or other guidance issued by the Procurement Executive.
2. REDELEGATION. The authorities delegated in paragraphs 1.a.(2), 1.a.(3), 1.a.(5), 1.a.(6), 1.a.(13), and 1.a.(15) to the officials named in paragraphs 1.a and 1.b.(1) may be redelegated to any subordinate within the cognizant organizations. The authorities in paragraphs 1.a.(2) and 1.a.(3) can only be redelegated to personnel meeting the requisite qualification standards to serve as Contracting Officers for the United States.
3. LIMITATIONS. All authorities delegated, regardless of whether the affected procurement transactions are funded by appropriated or non-appropriated funds, shall be exercised in accordance with applicable limitations of:
a. the Federal Property and Administrative Services Act of 1949;
b. the Office of Federal Procurement Policy Act;
c. "Federal Acquisition Regulation," 48 CFR Chapter 1;
d. the "Federal Property Management Regulation," 41 CFR Chapter 102;
e. regulations issued by the Department of the Treasury including, but not limited to, 48 CFR Chapter 10.
4. PROVISO.
a. Limitations in 3.a. through e. shall not affect the exemption established with respect to the United States Mint in 31 U.S.C. 5136 which provides in relevant part: "That provisions of law governing procurement or public contracts shall not be applicable to the procurement of goods and services necessary for carrying out Mint programs and operations.
b. The Senior Procurement Executive may exempt the Office of Thrift Supervision and the Office of the Comptroller of the Currency from those Department of Treasury Acquisition Regulations and guidelines that implement or are otherwise based upon or refer to specific provisions in the Federal Acquisition Regulation.
c. This directive is for the internal management of the Department and does not create any right or benefit, substantive or procedural, enforceable by any party against the Department.
5. REFERENCES.
a. Federal Property and Administrative Services Act of 1949, as amended.
b. 48 CFR Chapter 1, Federal Acquisition Regulation.
c. 48 CFR Chapter 10, Subchapter E, General Contracting Requirements.
d. 41 CFR Chapter 102, Federal Property Management Regulation.
6. AUTHORITIES.
a. E.O. 12931, "Federal Procurement Reform," dated October 13, 1994.
b. "Federal Acquisition Streamlining Act of 1994," Pub. L. 103-355.
c. Office of Federal Procurement Policy Act, as amended, 41 U.S.C. 401 et. seq.
d. "Competition in Contracting Act of 1984," Pub. L. 98-369, Division B, Title VII, codified in relevant part at 41 U.S.C. 418.
e. Treasury Order 101-30, "Designation of 'Head of Agency' for Procurement Matters."
7. CANCELLATION. Treasury Directive 12-11, Procurement Authority, dated December 21, 1998, is superseded.
8. OFFICE OF PRIMARY INTEREST. Office of Procurement, Office of the Deputy Chief Financial Officer, Office of the Assistant Secretary for Management and Chief Financial Officer.
/S/
Edward R. Kingman, Jr.
Assistant Secretary for Management
and Chief Financial Officer