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AFARS 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

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 $500M.

-

-

-

-

201.170(b)(1) and (2)

-

-

-

5101.170(b)(v)(A)

HCA

Yes

HCA, with authority to delegate No Lower than the PARC

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)(v)(B)

PARC

Yes

PARC, with authority to delegate to No Lower than the CoCO

1

Postaward Peer Reviews

Conducting a postaward peer review for contracts for services valued at $250M or more but less than $1B.

-

-

-

-

201.170(b)(3)

-

-

-

5101.170(b)(vi)(A)

HCA

Yes

HCA, with authority to delegate to No Lower than the PARC

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 PARC.


$10,000 or less, no lower than the chief of contracting

1

Career Development, Contracting Authority, and Responsiblities

Selection, Appointment, and Termination of Appointment for Contracting Officers

1.603-1

Agency Head

Yes

No Limitation (consisent 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

Yes

No limitation

No additional Guidance

-

-

-

5103.104-4(a)

ASA(ALT)

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 PARC. If PARC 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

Responsiblity 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 PARC

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

Exlusion 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

PARCs 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

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 $700k, but not exceeding $13.5M

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 $13.5M but not over $93M

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

PARCs at GO/SES Level only; otherwise HCA

6

Approval of the Justification

Approval of J&A over $93M

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 Competion; HCAs serve as the Comnand Advocate for Competition, with authority to delegate to No Lower than the PARC

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 Responsbile 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 Responsbile for Program

Yes

No limitation

5107.103-90(a)(2)

ASA(ALT)

Yes

HCA, with authority to delegate to No lower than PARC

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 PARC

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

Yes

No lower than PARC

8

Blanket Purchase Agreements (BPAs)

Determination that single-award BPA with an estimated value exceeding $112 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 PARC

8

Limited 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 PARC

8

Limited Sources

Approval of LSJ over $13M but not over $93M (Updated based on FAR thresholds)

8.405-6(d)(3)

HCA

Yes

General/Flag officer, SES, or grade above GS-15 only

No additional Guidance

-

-

-

5108.405-6(d)(3)

HCA

Yes

PARCs at GO/SES level only; otherwise HCA

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 PARC

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 PARC

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 PARC

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

Supension 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

Supension 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 PARC

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 PARC

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

-

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 PARC

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) (See Class Deviation 2017-O0001)

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 PARC

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

218.271 (See Class Deviation 2018-O0001)

HCA

Yes

No limitation

5112.102(f)

HCA

Yes

No lower than PARC

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 PARC

12

Solicitation Provisions and Contract Clauses for the Acquisition of Commercial Items

Insert Certain Clauses for Acquistion of commerical 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 PARC

12

Limitation on Conversion of Procurement from Commerical 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

Mircro-Purchase Threshold for Supplies or Services used to support contingency operation

13.201(g)

Head of Agency

Yes

No Limitation

218.271 (See Class Deviation 2018-O0001)

HCA

Yes

No limitation

5113.201(g)

HCA

Yes

No lower than PARC

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, or radiological attack

13.500(c)(1)

Agency Head

Yes

No limitation

218.271 (See Class Deviation 2018-O0001)

HCA

Yes

No limitation

5113.500(c)(1)

HCA

Retain

-

13

Test Program for Certain Commercial items

Approval of sole-source justification over $700K but not exceeding $13.5M (Thresholds increased based on the FAR)

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 $13.5M but not over $93M (Thresholds increased based on the FAR)

13.501(a)(2)(iii)

HCA or Official Described at 6.304(a)(3) or (a)(4)

No

-

No additional Guidance

-

-

-

-

HCA or PARC at GO/SES Level

No

-

13

Test Program for Certain Commercial items

Approval of sole-source justification over $93M (Thresholds increased based on the FAR)

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 PARC

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 PARC

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 PARC

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)

DPAP

No

-

-

DPAP

No

-

15

Source Selection. Responsibilities

Appointment of SSAs for ACAT I Progrmas (e.g. Major Defense acquisition programs, Major Automated Information System acquisition programs) and designated Army acquisition programs

15.303(a)

Agency Head

Yes

KO or other appointed individual

No additional Guidance

-

-

-

5115.303(a)(i)

AAE

No

-

15

Source Selection. Responsibilities

Appointment of SSAs for service acquisitions with a total planned dollar value of $500 million or more, or service acquisitions identified by the Assistant Secretary of the Army (Acquisition, Logistics and Technology) as a special interest.

15.303(a)

Agency Head

Yes

KO or other appointed individual

No additional Guidance

-

-

-

5115.303(a)(ii)

DASA(P)

No

-

15

Source Selection. Responsibilities

Appointment of SSAs for ACAT II, III programs and acquisitions not managed in accordance with DODI 5000.02 for which formal source selection procedures are used.

15.303(a)

Agency Head

Yes

KO or other appointed individual

No additional Guidance

-

-

-

5115.303(a)(iii)

ASA(ALT)

Yes

HCA, with authority to delegate to No Lower than PARC

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

-

215.403-1(c)(4)(A)

-

-

-

-

HCA

No

-

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 PARC

15

Requiring Certified Cost or Pricing Data

Authorize KO to obtain certified cost or pricing data for actions < $750K but > 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 PARC

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 PARC

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

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

Incentive Contracts

Approval of D&F for all incentive and award-fee contracts justifying use of this type of contract

16.401(d)

HCA

Yes

No limitation

No additional Guidance

-

-

-

5116.401(d)

HCA

Yes

No lower than CoCO

16

Award-fee Contracts

Approval of D&F for other than award fee contracts

16.401(d)

HCA

Yes

No limitation

DFARS PGI 216.401(e)(iii)

HCA

Yes

No lower than 1 level above KO

5116.401(d)

HCA

Yes

No lower than 1 level above KO

16

Award-fee Contracts

Approval of D&F for award-fee contracts

16.401(e)(3)(i)

FDO

Yes

No limitation

DFARS PGI 216.401(e)(iii)

HCA

Yes

No lower than 1 level below HCA

5116.401(e)(3)(i)

HCA

Yes

No lower than PARC

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 $112 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

No

-

216.504(c)(1)(ii)(D)

SPE

No

-

-

SPE

No

-

16

Indefinite-Delivery Contracts. Ordering

Approval of justification for an exception to fair opportunity over $13M but not over $93M

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

PARCs at GO/SES level only; otherwise HCA

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 PARC

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 PARC

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 PARC

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 PARC

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 PARC

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 PARC

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 PARC

17

Multi-Year Contracting

Written Notification to Congress to Award a Multi-Year Contract which includes a cancellation ceiling in excess of $135.5M

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

Determination that conditions in 217.172(h)(2)(i) thru (vii) will be met for multiyear supply contracts equal to or greater than $678.5M (updated from 217.172(g)(2) and $500M)

-

-

-

-

217.172(f)(2)

HCA

Yes

No limitation

5117.172(f)(2)

HCA

Yes

No lower than PARC

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 limitatins 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 PARC

17

Contracts (Options)

Approval for task / delivery order performance exceeding 10 years.

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

DASA(P), without power to further delegate

17

Interagency Acquisitions

Concur with the determination of best procurement approach prior to public announcement of the requirement: For acquisitions valued at or above the SAT, but less than $50M

17.502-1

-

-

-

217.502-1

-

-

-

5117.502-1(a)(ii)(A)

HCA

Yes

No lower than two levels below the PARC

17

Interagency Acquisitions

Concur with the determination of best procurement approach prior to public announcement of the requirement: For acquisitions valued at or above $50M, but less than $250M

17.502-1

-

-

-

217.502-1

-

-

-

5117.502-1(a)(ii)(B)

HCA

Yes

No lower than one level below the PARC

17

Interagency Acquisitions

Concur with the determination of best procurement approach prior to public announcement of the requirement: For acquisitions valued at or above the $250M, but less than $1B

17.502-1

-

-

-

217.502-1

-

-

-

5117.502-1(a)(ii)(C)

HCA

Yes

No lower than PARC

17

Interagency Acquisitions

Concur with the determination of best procurement approach prior to public announcement of the requirement: For acquisitions valued at $1B and above for services

17.502-1

-

-

-

217.502-1

-

-

-

5117.502-1(a)(ii)(D)

Senior Services Manager

No

-

17

Interagency Acquisitions

Concur with the determination of best procurement approach prior to public announcement of the requirement: For acquisitions valued at $1B and above for supplies

17.502-1

-

-

-

217.502-1

-

-

-

5117.502-1(a)(ii)(E)

DASA(P)

No

-

17

Limitations on Obligations

Waive the limitations in 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 (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; PARC if greater than $50m

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 PARC

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

Waive limitations for UCAs if necessary to support a contingency operation or humanitarian or peacekeeping operation

18.201

-

-

-

218.201(7) & 217.7404-5(b)

Agency Head

Yes

No limitation

5118.201(7)

ASA(ALT)

Yes

HCA, without power to further delegate

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.

18.2

Head of Agency

Yes

No limitation

218.271 (See Class Deviation 2018-O0001)

HCA

Yes

No limitation

5118.271(e)

HCA

Yes

No lower than PARC

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 PARC

19

Partical 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

19.505(b)

HCA

Yes

No limitation

219.505(b)

HCA

Yes

No lower than the Chief of Contracting Office

5119.505(b)

HCA

Yes

No lower than CoCO

19

8(a) Program - SBA Appeals

Issuing a decision in response to an appeal of KO's rejection of SBA procurement center recommendation

19.810(c)

Agency head

Yes

No limitation

No additional Guidance

-

-

-

 

Director, OSBP

No

-

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

-

-

-

 

Director, OSBP

No

-

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 PARC

19

HUBZone Set-Aside Procedures

Agency Head determination on SBA appeal of KO rejection of SBA recommendation

19.1305(d)(3)

Agency Head

Yes

No limitation

No additional Guidance

-

-

-

-

Director, OSBP

No

-

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

-

-

-

5119.1405(d)

HCA

Yes

No lower than PARC

19

Set-aside Procedures (WoSB)

Issuing a decision in response to an appeal of KO's rejection of SBA procurement center recommendation

19.1505(g)(3) and (5)

Agency head

Yes

No limitation

No additional Guidance

-

-

-

-

Director, OSBP

No

-

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 PARC

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 authoity to delegate to No Lower than PARC

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 const 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 PARC

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 PARC

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 Acquistion 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 PARC

23

Sustainable Acquistion 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 PARC

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 PARC

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 PARC

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 PARC

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 PARC

25

Buy American - Construction Materials

Specifiying a higher percentage to the offered price of the cost of any foreign construction amterial 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 PARC

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 PARC

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 PARC

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 PARC

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

Wiaver 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 Acquisiton

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

Restrictions on Acquisitions of Specialty Metals--One-Time Waiver

Approval of acceptance of specialty metals that are not in compliance with specialty metals clause

-

-

-

-

225.7003-4(d)(2)

AAE

Yes

No limitation

5125.7003-4(d)(2)

AAE

Retain

-

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 PARC

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

Utilization of domestic photovoltaic devices.

Waivers on use of photovoltaic devices.

-

-

-

-

225.7017-4

HCA

Yes

No limitation

5125.7017-4

HCA

Yes

No lower than PARC

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 $93M from Afghanistan

-

-

-

-

225.7703-2(b)(2)(i)

HCA

Yes

No limitation

5125.7703-2(b)(2)(i)

HCA

Yes

No lower than PARC

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 $93M 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 idemnity 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 governemnt 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 beter 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

Autorization 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 PARC

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 PARC

28

Exclusion of Individual Sureties

Excluding individual from acting as a surety on bonds

28.203-7

Agency Head

Yes

No limitation

No additional Guidance

-

-

-

5128.203-7(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 PARC

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 PARC

29

Application of State and Local Taxes to Government Contractors and Subcontractros

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)

DPAP

No

-

-

DPAP

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 PARC

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 PARC

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, DPAP

No

No limitation

5132.114

Director, DPAP

No

-

32

Commercial Item Purchase Financing - Statutory Authority

Determination that payment for commerical items maybe under such terms and conditions that are appropriate or cutomary 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, DPAP

No

No limitation

5132.202-1(d)

Director, DPAP

No

-

32

Advance Payments for Non-Commerical 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-Commerical 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-Commerical 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 PARC

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, DPAP

No

-

-

DPAP

No

-

32

Contract Funding - Contracts Crossing Fiscal Years

Entering into a contract or excercising 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 PARC

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 PARC

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 PARC

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 PARC, 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 PARC; 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

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 PARC; 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 Commerical 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 PARC

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 PARC

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 PARC

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 Amry

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 $4M

36.303-1(a)(4)

Head of the Contracting Activity

Yes

No Lower than the Senior Contracting Official

No additional Guidance

-

-

-

-

HCA

Yes

No Lower than the PARC

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: 602-1, No lower than CoCO; 602-4 and 602-5; Center Director/District Commander

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 PARC; Exception for MEDCOM No Lower than the CoCO

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 PARC

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 PARC

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 PARC

37

Approval of Contracts and Task Orders for Services

Approval of contract or task order that is not performance-based (<$93M)

-

-

-

-

DFARS 237.170-2(a)(2)

SPE

Yes

No limitation

5137.170-2(a)(2)

SPE

Yes

HCA, without power to further delegate

37

Approval of Contracts and Task Orders for Services

Approval of contract or task order that is not performance-based (>$93M) - non PEO managed items

-

-

-

-

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 PARC

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 PARC

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)

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)

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)

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)

AAE

Yes

HCA, with authority to delegate to No Lower than PARC

37

Management Oversight of Service Contracts

Review and approval of Acquisition Strategies

-

-

-

-

DoDi 5000.74

-

-

-

5137.590-3 (category IV)

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)

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 PARC

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 PARC

42

Voluntary Refunds

Approval to solicit voluntary refunds

-

-

-

-

PGI 242.7100(4)

HCA

Yes

No limitation

5142.7100(4)

HCA

Yes

No lower than PARC

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 PARC

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 PARC

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 PARC

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 PARC

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 PARC

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 PARC

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

-