[Federal Register: January 14, 2009 (Volume 74, Number 9)]
[Notices]
[Page 2271-2274]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14ja09-120]
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Part IV
Department of Labor
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Delegation of Authority and Assignment of Responsibility to the Chief
Acquisition Officer and Assistant Secretary for Administration and
Management, and Related Matters; Notice
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DEPARTMENT OF LABOR
Office of the Secretary
[Secretary's Order 02-2009]
Delegation of Authority and Assignment of Responsibility to the
Chief Acquisition Officer and Assistant Secretary for Administration
and Management, and Related Matters
1. Purpose and Scope. The purpose of this Secretary's Order is to
delegate authorities and assign responsibilities for implementation of
the Services Acquisition Reform Act (SARA) of 2003 and related laws,
and to specify those authorities and responsibilities of the Chief
Acquisition Officer (CAO).
2. Authority. This Order is issued under the authority of 5 U.S.C.
301 (Departmental Regulations); 29 U.S.C. 551 (Establishment of
Department; Secretary; Seal); Reorganization Plan No. 6 of 1950 (5
U.S.C. Appendix); Public Law 101-576, the Chief Financial Officers Act
of 1990; Title VII of Division B of Public Law 98-369, the Competition
in Contracting Act of 1984; Public Law 108-199, Division F, Title VI,
Section 647(b) of the Consolidated Appropriations Act, 2004; the
Economy Act (31 U.S.C. 1535); Public Law 105-270, the Federal
Activities Inventory Reform Act of 1998; Public Law 103-355, the
Federal Acquisition Streamlining Act of 1994; the Federal Grant and
Cooperative Agreements Act (31 U.S.C. 6301-6308); Title III of the
Federal Property and Administrative Services Act of 1949 (41 U.S.C.
251-266a); Public Law 103-62, the Government Performance and Results
Act of 1993; Public Law 93-400, the Office of Federal Procurement
Policy Act; Title 40 of the United States Code (Public Buildings,
Property and Works); Sections 503(a), 504, and 508 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. 793(a), 794, 794d);
Section 3 of Public Law 103-141, the Religious Freedom Restoration Act
(42 U.S.C. 2000bb-1(b)); Public Law 108-136, Division A, Title XIV, the
Services Acquisition Reform Act; Public Law 85-536, the Small Business
Act; Executive Order 12615, Performance of Commercial Activities by
Private Sector (November 19, 1987); Executive Order 12549, Debarment
and Suspension (February 18, 1986); Executive Order 12689, Debarment
and Suspension (August 16, 1989); Executive Order 13198, Agency
Responsibilities with Respect to Faith-Based and Community Initiatives
(January 29, 2001); the Federal Acquisition Regulations System, 48 CFR
Chapter 1, parts 1-99; Department of Labor Acquisition Regulation, 48
CFR Chapter 29, parts 2901-2953.
3. Background. Section 1421 of SARA (41 U.S.C. 414) amended the
Office of Federal Procurement Policy Act to create the position of CAO
and assigned principal responsibility for agency acquisition policy and
activities to the CAO. Secretary's Order 2-2007 (January 30, 2007)
formally created the position of CAO within the Department of Labor.
This Secretary's Order supersedes and cancels Secretary's Order 2-2007,
and updates the roles and responsibilities of the CAO to delegate
responsibility for determining whether a recipient of a grant awarded
or administered by the Office of the CAO is entitled, pursuant to the
Religious Freedom Restoration Act, to an exemption from a religious
non-discrimination provision of a statute or regulation enforced by the
Department.
4. The Chief Acquisition Officer. The CAO will have acquisition
management as his or her primary duty. The CAO will report to the
Secretary, but may receive day-to-day guidance and direction from the
Deputy Secretary. In addition to the acquisition management
responsibilities established by SARA, the CAO also will have
responsibility for overseeing other Department activities as set forth
below, including the solicitation, award and administration of
Departmental assistance instruments (grants, cooperative agreements,
and other assistance instruments).
5. Assignment of Responsibilities to the CAO.
A. The CAO will have the following duties, which are assigned to
the CAO by Section 1421 of SARA (amending Section 16 of the Office of
Federal Procurement Policy Act, 41 U.S.C. 414):
(1) Advising and assisting the Secretary on the appropriate
business strategy to achieve DOL's mission.
(2) Advising and assisting the Secretary and other DOL officials in
ensuring that acquisition activities contribute to achieving DOL's
mission.
(3) Monitoring and evaluating the performance of DOL acquisition
programs based on applicable performance measurements.
(4) Establishing policies, procedures, and practices that increase
the use of full and open competition in the acquisition of goods and
services by the executive agency.
(5) Increasing appropriate use of performance-based contracting and
performance specifications in DOL acquisition activities.
(6) Making DOL acquisition decisions, consistent with all
applicable law, regulations, and policies.
(7) Establishing clear lines of authority, accountability, and
responsibility for DOL acquisition decisions.
(8) Managing the direction of DOL acquisition policy, including
implementation of DOL's acquisition regulations, policies, and
standards.
(9) Developing and maintaining a DOL acquisition career management
program to ensure that DOL has an adequate professional acquisition
workforce.
(10) As part of DOL's strategic planning and performance evaluation
process:
(a) Reviewing current requirements for DOL personnel regarding
knowledge and skill in acquisition resources management and determining
whether such requirements adequately facilitate the achievement of the
performance goals established for DOL acquisition management.
(b) If necessary, developing strategies and specific plans for
hiring, training, and professional development for DOL acquisition
personnel.
(c) Reporting to the Secretary on the progress made in improving
DOL acquisition management capability.
(11) Serving on the Chief Acquisition Officers Council.
B. The CAO will perform any additional duties that are assigned to
the CAO by applicable law or regulation.
6. Delegation of Authorities and Assignment of Additional
Responsibilities to the CAO. Except as otherwise provided by law,
regulation, or this or another Secretary's Order, the CAO is delegated
the following authority and assigned the following responsibilities:
A. Authorities and responsibilities of the Department or Secretary
under the following laws (including any amendments) and any related
regulations, executive orders, or OMB circulars or memoranda:
(1) Title VII of Division B of Public Law 98-369, the Competition
in Contracting Act of 1984.
(2) Public Law 108-199, Division F, Title VI, Section 647(b), the
Consolidated Appropriations Act, 2004 (which requires an annual report
on competitive sourcing).
(3) The Economy Act (31 U.S.C. 1535).
(4) In coordination with the ASAM, Sections 2(d) and (e) of Public
Law 105-270, the Federal Activities Inventory Reform Act of 1998.
(5) Public Law 103-355, the Federal Acquisition Streamlining Act of
1994.
(6) The Federal Grant and Cooperative Agreements Act (31 U.S.C.
6301-6308).
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(7) Title III of the Federal Property and Administrative Services
Act of 1949 (41 U.S.C. 251-266a).
(8) Public Law 93-400, the Office of Federal Procurement Policy
Act, including:
(a) Designating a Senior Procurement Executive, who will report
directly to the CAO without intervening authority and who will be
responsible for:
(1) Managing the direction of the DOL procurement system, including
implementation of DOL procurement policies, regulations, and standards.
(2) Carrying out all powers, functions, and duties of the Secretary
with respect to implementation of Section 37 of the Office of Federal
Procurement Policy Act, including the establishment of policies and
procedures for the effective management (including accession,
education, training, career development, and performance incentives) of
the acquisition workforce of the agency.
(b) Designating for the Department and for each procuring activity
of the Department one officer or employee (other than the Senior
Procurement Executive) to serve as a Competition Advocate, who will be
responsible for promoting full and open competition, promoting the
acquisition of commercial items, and challenging barriers to such
acquisition, as well as performing any other responsibilities assigned
to the Competition Advocate by law, regulation, or policy.
(c) In consultation with the Office of Federal Procurement Policy
and the DOL Chief Information Officer (CIO), establishing, maintaining,
and using, to the maximum extent practicable and cost-effective,
procedures and processes that employ electronic commerce in the conduct
and administration of the Department's procurement system.
(9) Title 40 of the United States Code, Subtitle I, Chapter 11,
Selection of Architects and Engineers.
(10) Public Law 108-136, Division A, Title XIV, the Services
Acquisition Reform Act.
(11) Executive Orders 12549 and 12689 on Debarment and Suspension.
(12) Executive Order 12615, Performance of Commercial Activities by
Private Sector.
B. Prescribing regulations, policies and procedures regarding the
solicitation and award of, and overseeing the administration of, all
Departmental acquisitions and assistance instruments (e.g., procurement
contracts, cooperative agreements, grants, inter- or intra-agency
acquisition instruments, and similar documents) that obligate Federal
funds or resources for the purpose of obtaining goods and services for
the Department or other Federal agencies, or promoting Departmental
programs and objectives through financial assistance. Funds paid out of
the appropriation, ``State Unemployment Insurance and Employment
Service Operations'' are excluded from this authority.
C. In coordination with the ASAM, CIO, and Assistant Secretary for
the Office of Disability Employment Policy (ODEP), establishing and
ensuring implementation of policies, procedures and practices to ensure
that all DOL acquisitions and assistance instruments comply with
Sections 503(a), 504 and 508 of the Rehabilitation Act of 1973 (29
U.S.C. 793(a), 794, 794d).
D. Performing any acquisition or procurement responsibilities
assigned to the ASAM under Secretary's Order 5-94, ``Procurement and
Use of Environmentally Preferable Products and Services.''
E. Assisting the CIO on the acquisition of information technology.
F. Coordinating with the ASAM to ensure that the Department's
acquisition management processes are integrated into its strategic and
operational planning processes.
G. Assisting the Director of the Office of Small Business Programs
(OSBP) on procurement actions related to OSBP's responsibilities under
Secretary's Order 4-2002 and on the Department's Annual Acquisition
Plan and Procurement Forecast.
H. Assisting the Director of the Center for Faith-Based and
Community Initiatives (CFBCI) on acquisition or assistance actions
related to CFBCI's responsibilities under Executive Order 13198 or
similar authority.
I. Coordinating with the Chief Financial Officer (CFO):
(1) To ensure that the Department's internal management controls
relating to the CAO's responsibilities are consistent with all laws,
regulations, OMB guidance, and policies governing DOL management
control processes, including Secretary's Order 14-2006, Internal
Control Program (dated June 20, 2006).
(2) To ensure that the CFO is informed on a timely basis of all
management control issues arising within the scope of the CAO's
functions.
(3) On the acquisition of financial management systems and asset
management systems throughout the Department.
J. Establishing and overseeing an advisory board (the current
Procurement Review Board or equivalent), which will address significant
acquisition and assistance issues, as determined by the CAO.
K. Maintaining and publishing, in a prominent manner, a list of DOL
contracting and grant officers which also identifies the limits on
these officers' authority.
L. Determining whether a recipient of a grant awarded or
administered by the Office of the CAO is entitled, pursuant to the
Religious Freedom Restoration Act, to an exemption from a religious
non-discrimination provision of a statute or regulation applied and/or
enforced by the Department.
M. Performing any other related duties that are assigned by the
Secretary.
7. Responsibilities of the Director of the Office of Small Business
Programs. The OSBP Director is responsible for coordinating, as
necessary, with the CAO on procurement actions related to OSBP's
responsibilities under Secretary's Order 4-2002 and on the Department's
Annual Acquisition Plan and Procurement Forecast.
8. Responsibilities of the Director of the Center for Faith-Based
and Community Initiatives. The CFBCI Director is responsible for
coordinating, as necessary, with the CAO on acquisition or assistance
actions related to CFBCI's responsibilities under Executive Order 13198
or similar authority.
9. Responsibilities of the Assistant Secretary for the Office of
Disability Employment Policy. The Assistant Secretary for ODEP is
responsible for coordinating with the CAO, ASAM, and CIO to establish
policies, procedures and practices ensuring that all DOL acquisitions
and assistance instruments comply with Sections 503(a), 504 and 508 of
the Rehabilitation Act of 1973.
10. Responsibilities of the Solicitor of Labor. The Solicitor of
Labor is delegated authority and assigned responsibility for providing
legal advice and assistance to all officers of the Department relating
to the administration and implementation of this Order. The bringing of
legal proceedings, the representation of the Secretary and other
officials of the Department, and the determination of whether such
proceedings or representations are appropriate in a given case, are
delegated exclusively to the Solicitor.
11. Responsibilities of the Chief Information Officer. The CIO is
responsible for:
A. Consulting with the CAO on the establishment, maintenance, and
use (to the maximum extent that is practicable and cost-effective) of
procedures and processes employing electronic commerce in the conduct
and
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administration of the Department's procurement system.
B. Coordinating with the CAO on the acquisition of information
technology.
C. Coordinating with the CAO, ASAM, and Assistant Secretary for
ODEP to establish policies, procedures and practices ensuring that all
DOL acquisitions of information technology are consistent with Sections
503(a), 504 and 508 of the Rehabilitation Act of 1973 (29 U.S.C. 791,
794, 794d).
12. Responsibilities of the Assistant Secretary for Administration
and Management. The ASAM is responsible for:
A. Overseeing the Department's compliance with the Government
Performance and Results Act, including coordinating with the CAO to
ensure that the Department's acquisition management processes are
integrated into its strategic and operational planning processes.
B. Exercising the Secretary's authority under Section 1413 of SARA
(41 U.S.C. 433 note) to determine that certain acquisition positions
are shortage category positions in order to use the authorities in 5
U.S.C. 3304, 5333 and 5753 to recruit and appoint highly qualified
persons directly to such positions in the Department.
C. Coordinating with the CAO and other agency heads, as
appropriate, to fulfill the Department's responsibilities under the
Federal Activities Inventory Reform Act of 1998.
D. Coordinating with the CAO, CIO and Assistant Secretary for ODEP
to establish policies, procedures and practices ensuring that all DOL
acquisitions and assistance comply with Sections 503(a), 504 and 508 of
the Rehabilitation Act of 1973 (29 U.S.C. 791, 794, 794d).
13. Responsibilities of the Chief Financial Officer. The CFO is
responsible for coordinating with the CAO:
A. To ensure that the Department's internal management controls
relating to the CAO's responsibilities are consistent with all laws,
regulations, OMB guidance, and policies governing DOL management
control processes, including Secretary's Order 14-2006, Internal
Control Program (dated June 20, 2006).
B. To ensure that the CFO is informed on a timely basis of all
management control issues arising within the scope of the CAO's
functions.
C. On the acquisition of financial management systems and asset
management systems throughout the Department.
14. Responsibilities of Agency Heads. Consistent with their
statutory responsibilities and other applicable Secretary's Orders and
guidelines, all DOL Agency Heads are assigned responsibility for
ensuring compliance by their organizations with the laws identified in
Paragraph 6.A. above, as well as related regulations, and DOL and OMB
guidance and policies.
15. Directives Affected:
A. Secretary's Order 2-2007 is superseded and cancelled. All
Secretary's Orders and other DOL documents (including policies and
guidance) which reference Secretary's Orders 2-2007 or 4-76 are amended
to refer to this Order instead. Delegations or transfers of authority
made by the ASAM under Secretary's Order 4-76 will continue in effect
unless modified or terminated by the CAO.
B. This Order does not affect the authorities or responsibilities
of the Assistant Secretary for Public Affairs under Secretary's Order
8-2006, relating to the review of audio-visual work done under
contract, to assure compliance with appropriate contract terms and
achievement of minimum acceptable quality.
C. This Order does not affect the authorities and responsibilities
assigned by any other Secretary's Order, unless otherwise expressly so
provided in this or another Order.
D. This Order does not affect the authorities or responsibilities
of the Office of Inspector General (OIG) under the Inspector General
Act of 1978, as amended, or under Secretary's Order 4-2006.
E. This Order does not affect the authorities or responsibilities
of the Chief Financial Officer under the CFO Act, Secretary's Order 14-
2006, Secretary's Order 1-92, or Secretary's Order 1-97.
F. This Order amends Secretary's Order 5-94 to shift acquisition
and procurement responsibilities relating to environmentally preferable
products and services from the ASAM to the CAO.
G. This Order does not affect Secretary's Order 1-2001, which
delegates authorities and assigns responsibilities to the Assistant
Secretary for the Office of Disability Employment Policy.
H. This Order does not affect Secretary's Order 1-2008, which
delegates authorities and assigns responsibilities to the Assistant
Secretary for Employment Standards and Other Officials in the
Employment Standards Administration.
I. This Order amends Secretary's Order 4-2002 (which assigns
responsibilities and delegates duties related to small businesses) to
shift certain procurement responsibilities from the ASAM to the CAO,
but does not otherwise affect the responsibilities delegated in that
Order.
J. This Order does not affect Secretary's Order 5-2007 which, inter
alia, provides grantmaking authority to the Commissioner of Labor
Statistics under the Occupational Safety and Health Act.
K. This Order amends Secretary's Order 3-2003 (which assigns
responsibilities and delegates duties to the CIO) to shift certain
procurement responsibilities from the ASAM to the CAO, but does not
otherwise affect the responsibilities delegated in that Order.
L. This Order does not affect Secretary's Order 1-2004 which
delegates authorities and assigns responsibilities for DOL's Internal
Equal Employment Opportunity Programs.
M. This Order does not affect the authority delegated by the
Secretary to the Employment and Training Administration under section
173 of the Workforce Investment Act to administer dislocated worker
programs, including national emergency grants.
16. Reservation of Authority. The following functions are reserved
to the Secretary:
A. No delegation of authority or assignment of responsibility under
this Order will be deemed to affect the Secretary's authority to
continue to exercise or further delegate such authority or
responsibility.
B. The submission of reports and recommendations to the President
and Congress concerning the administration of the statutory provisions
and executive orders listed above is reserved to the Secretary.
17. Redelegations and Transfers of Authority. Unless provided
otherwise in this or another Secretary's Order, the authority delegated
in this Order may be redelegated or transferred, as permitted by law or
regulation.
18. Effective Date. This Order is effective immediately.
Dated: January 9, 2009.
Elaine L. Chao,
Secretary of Labor.
[FR Doc. E9-692 Filed 1-13-09; 8:45 am]
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