APPENDIX GG

Revised 29 September 2021

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

Preaward Peer Reviews

Conducting a preaward peer review for contracts for competitive procurements above $1B, except MDAP/USD(A&S) special interest programs.

201.170(a)(1)(i), Defense Pricing and Contracting (DPC) Class Deviation 2019-O0010

DASA(P)

Yes

No limitation

5101.170(a)(1)(i)

DASA(P)

Yes

HCA non-delegable, except for DASA(P) special interest acquisitions

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 SCO

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)

SCO

Yes

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

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 SCO

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

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

Ratification of Unauthorized Commitments

1.602-3(b)

HCA, unless a higher level official is designated by the agency

Yes

No lower than CoCO

No additional Guidance

5101.602-3(b)

HCA

Yes

HCA non-delegable above $100,000, except to USACE Director of Contracting, HQ, or Commander, ACC.
Greater than $10,000 up to $100,000, no lower than SCO.
$10,000 or less, no lower than the chief of contracting

Career Development, Contracting Authority, and Responsibilities

Selection, Appointment, and Termination of Appointment for Contracting Officers

1.603-1

Agency Head

Yes

No Limitation (consistent with OFPP standards)

No additional Guidance

5101.603-1

ASA(ALT)

Yes

DASA(P) or HCA, with further delegation to No Lower than the CoCO

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).

Procurement Integrity

Authorization of disqualified official to resume participation in a procurement

3.104-5(c)2

HCA

Yes

No limitation

No additional Guidance

5103.104-5

HCA

Yes

No lower than SCO. If SCO is disqualified individual, HCA will make the determination.

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

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

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

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

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

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

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

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 additional Guidance

HCA

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

Contract Reporting

Responsibility for developing and monitoring a process to ensure timely and accurate reporting of contractual actions to FPDS

4.604(a)

SPE

Yes

No Limitation

No additional Guidance

5104.604(a)

SPE

Yes

DASA(P), without power to further delegate

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

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

Availability of Solicitations

Determination that use of Government Point of Entry (GPE) is not in the Gov't's interest

5.102(a)(5)(iii)

SPE

Yes

No limitation

No additional Guidance

5105.102(a)(5)(iii)

SPE

Yes

HCA, with authority to delegate to No lower than SCO

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

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

Establishing or Maintaining Alternative Sources

Exclusion of a particular source from a contract action in order to establish or maintain an alternative source(s) for the supplies or services being acquired

6.202(a)

Agency Head

Yes

No Limitation

No additional Guidance

5106.202(a)

ASA(ALT)

Yes

Approval Levels IAW 5106.304(a)(2), (3) and (4).

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

Only one responsible source and no other supplies or services will satisfy agency requirements.

Authority to waive the requirement to post a request for information or a sources sought notice, and include the results of this inquiry in the justification required by FAR 6.303.

DFARS PGI 206.302-1(d)

HCA

Yes

No lower than a GO/SES

5106.302-1(d)

HCA

Yes

SCOs at GO/SES level only; otherwise HCA

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

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

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

Other Than Full and Open Competition

Justifications -- Sole Source 8(a) awards exceeding $100 million

6.302-5(b)(4)

Head of Procuring Activity

Yes

No Limitiation

5106.302-5(b)(4)

Head of Procuring Activity

Yes

SCO at GO/SES Level; Otherwise HCA

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 Additional Guidance

Secretary of the Army

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

Approval of the Justification

Approval of J&A over $750K, but not exceeding $15M

6.304(a)(2)

Advocate for Competition

No additional Guidance

Advocate for Competition

Approval of the Justification

Approval of J&A over $15M but exceeding $100M

6.304(a)(3)

HCA

Yes

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

No additional Guidance

5106.304(a)(3)

HCA

Yes

SCOs at GO/SES Level only; otherwise HCA

Approval of the Justification

Approval of J&A over $100M

6.304(a)(4)

SPE

No additional Guidance

SPE

Advocates for Competition

Appointment of special advocates for competition

6.501

Head of Each Executive Agency

Yes

No limitation

No additional Guidance

5106.501

ASA(ALT)

Yes

DASA(P) serves as Army Advocate for Completion; HCAs serve as the Command Advocate for Competition, with authority to delegate to No Lower than the SCO

Agency-Head Responsibilities

Acquisition Plan Approval Authority for PEO or DRPM Acquisitions

7.103

Agency Head

Yes

No limitation

207.103(d)(i)

PM/Official Responsible for Program

Yes

No limitation

5107.103-90(a)(1)

ASA(ALT)

Yes

For programs assigned to program executive officers (PEOs) or program managers reporting directly to the Army Acquisition Executive (DRPM), the designated milestone decision authority (MDA), on a nondelegable basis, is the acquisition plan approval authority. In the case of PEO-/DRPM-managed efforts for which no MDA has been designated, the PEO/DRPM, on a nondelegable basis, is the acquisition plan approval authority.

Agency-Head Responsibilities

Acquisition Plan Approval Authority for Non-PEO or DRPM Acquisitions

7.103

Agency Head

Yes

No limitation

207.103(d)(i)

PM/Official Responsible for Program

Yes

No limitation

5107.103-90(a)(2)

ASA(ALT)

Yes

HCA, with authority to delegate to No lower than SCO

Contents of Written Acquisition Plans

Planning to ensure that contingency contracts will be closed in a timely manner, considering turnover and other contracting workload

DFARS PGI 207.105(b)(20)(C)(8)(iv)

HCA

Yes

No limitation

5107.105(b)(20)(C)(8)(iv)

HCA

Yes

No lower than SCO

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

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

Additional Requirements for Acquisitions Involving Bundling

Justification of bundling

7.107-3(f)(2)

SPE

No additional Guidance

SPE

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

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 SCO

Blanket Purchase Agreements (BPAs)

Determination that single-award BPA with an estimated value exceeding $100 million (including any options), may be awarded

8.405-3(a)(3)(ii)

Head of Agency

Yes

No Limitation

No additional Guidance

5108.405-3(a)(3)(ii)

ASA(ALT)

Yes

HCA, with authority to delegate to No Lower than SCO

Limiting Sources

Determination that access through eBuy is not in Government's best interests

8.405-6(b)(3)(ii)(C)

SPE

Yes

No limitation

No additional Guidance

5108.405-6(b)(3)(ii)(C)

SPE

Yes

HCA, with authority to delegate to No lower than SCO

Limiting Sources--Justifications and Approvals

Approval of Proposed order or BPA with an estimated value exceeding the simplified acquisition threshold, but not exceeding $750,000.

8.405-6(d)(1)

Ordering Activity Contracting Officer

No additional Guidance

Contracting Officer

Limiting Sources--Justifications and Approvals

Approval of Proposed order or BPA with an estimated value exceeding $750,000, but not exceeding $15 million.

8.405-6(d)(2)

Advocate for Competition

No additional Guidance

Advocate for Competition

Limiting Sources--Justifications and Approvals

Approval of Proposed order or BPA with an estimated value exceeding $15 million, but not exceeding $100 million

8.405-6(d)(3)

Head of Procuring Activity

Yes

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

No additional Guidance

5108.405-6(d)(3)

HCA

Yes

SCOs at GO/SES level only; otherwise HCA

Limiting Sources--Justifications and Approvals

Approval of Proposed order or BPA with an estimated value exceeding $100 million

8.405-6(d)(4)

SPE

No additional Guidance

SPE

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

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

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

Qualification Requirements. Policy

Waiver of requirements of 9.202(a)(1)(ii) through (4) for up to 2 years with respect to the item subject to the qualification requirement

9.202(b)

HCA

Yes

No limitation

No additional Guidance

5109.202(b)

HCA

Yes

No lower than SCO

Qualifications Requirements. Policy

Establishing a Qualification Requirement

9.202(e)

Agency Head

Yes

No limitation

No additional Guidance

5109.202(e)

ASA(ALT)

Yes

HCA, with authority to delegate to No lower than SCO

Acquisitions subject to qualification requirements. General

Determination that an emergency exists

9.206-1(b)

Agency Head

Yes

No limitation

No additional Guidance

5109.206-1(b)

ASA(ALT)

Yes

HCA, with authority to delegate to No lower than SCO

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

Debarment, Suspension, and Ineligibility

Determination for Contractors excluded from receiving contracts to be included

9.405(a), 9.405-1(b), 9.405-2(a), 9.406-1(c) and 9.407-1(d)

Agency Head

Yes

No limitation

No additional Guidance

5109.405(a)

ASA(ALT)

Yes

Suspension and Debarment Official

Debarment, Suspension, and Ineligibility

Determination to accept bids from a debarred, suspended or proposed debarment contractor

9.405(d)(2) and 9.405(d)(3)

Agency Head

Yes

No limitation

No additional Guidance

5109.405(d)(3)

ASA(ALT)

Yes

Suspension and Debarment Official

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

Contracting Officer Responsibilities

Approval of conflict of interest course of action

9.504(c)

HCA

Yes

No limitation

No additional Guidance

5109.504(c)

HCA

Yes

No lower than SCO

Organizational and Consultant Conflicts of Interest. Procedures

Approval of KO's resolution of conflict or potential conflict of interest

9.506(d)(3)

HCA

Yes

No limitation

No additional Guidance

5109.506(d)(3)

HCA

Yes

No lower than SCO

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

Market Acceptance

Require Offerors to Demonstrate that Items Offered have commercial market acceptance or been supplied under current or recent contracts

11.103(a)

Head of Agency

Yes

No Limitation

No additional Guidance

5111.103(a)

ASA(ALT)

Yes

HCA, with authority to delegate to No Lower than SCO

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

Policy for Item Unique Valuation

Determination that items are to be used to support a contingency operation or to facilitate defense against or recovery from nuclear, biological, chemical, radiological attack, cyber attack, international disaster assistance, and response to an emergency or major disaster.

211.274-2(b)(1)

HCA

Yes

No limitation

5111.274-2(b)(1)

HCA

Retain

Policy for Item Unique Valuation

Approval of D&F for exception for contractor from requirement to provide DoD unique item ID

211.274-2(b)(2)(i)(B)

HCA

Yes

No limitation

5111.274-2(b)(2)(i)(B)

HCA

Yes

No lower than SCO

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

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

Acquisition of Commercial Items. Applicability

Determination of supplies or services that are to be used to facilitate defense against or recovery from nuclear, biological, chemical, or radiological attack, cyber attack, international disaster assistance, and response to an emergency or major disaster and can be treated as an acquisition of commercial items.

12.102(f)

Agency Head

Yes

No limitation

218.270

HCA

Yes

No limitation

5112.102(f)

HCA

Yes

No lower than SCO

Contract Type

Determine a time-and-materials or labor-hour contract type is in the best interest of the Government for commercial services

212.207(b)(iii)

Agency Head

Yes

No limitation

5112.207(b)(iii)

ASA(ALT)

Yes

HCA, with authority to delegate to No lower than SCO

Preference for certain commercial products and services.

Approval to make determination to enter into contracts above $10M for facilities-related services, knowledge-based services (except engineering services), medical services, or transportation services that are not commercial services.

212.272(b)(2)(i)

HCA

Yes

No limitation

5112.272(b)(2)(i)

HCA

Yes

No Lower than CoCO

Solicitation Provisions and Contract Clauses for the Acquisition of Commercial Items

Insert Certain Clauses for Acquisition of commercial items when waiving the examination of records by the Comptroller General

12.301(b)(4)(i)

Head of Agency

Yes

No Limitation

No additional Guidance

5112.301(b)(4)(i)

ASA(ALT)

Retain

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 additional Guidance

SPE

Tailoring of Provisions and Clauses for the Acquisition of Commercial Items

Approval of waivers under FAR 12.302(c)

212.302(c)

HCA

Yes

No limitation

5112.302(c)

HCA

Yes

No lower than SCO

Limitation on Conversion of Procurement from Commercial Acquisition Procedures

Determination that the earlier use of commercial acquisition procedures under FAR part 12 was in error or based on inadequate information, and that DoD will realize a cost savings compared to the cost of procuring a similar quantity or level of such item or service using commercial acquisition procedures.

212.7001(a)(1)

HCA

Yes

No limitation

5112.7001(a)(1)

HCA

Yes

No lower than the CoCO

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

Actions at or Below the Micro-Purchase Threshold

Micro-Purchase Threshold for Supplies or Services are to be used in support of a contingency operation or to facilitate the defense against or recovery from nuclear, biological, chemical, radiological attack, cyber attack, and response to an emergency or major disaster.

13.201(g)

Head of Agency

Yes

No Limitation

218.27

HCA

Yes

No limitation

5113.201(g)

HCA

Yes

No lower than SCO

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

Simplified Procedures for Certain Commercial Items

Authorizes use of simplified procedures for commercial items that, as determined by the head of the agency, are to be used in support of a contingency operation or to facilitate the defense against or recovery from nuclear, biological, chemical, radiological attack, cyber attack, and response to an emergency or major disaster.

13.500(c)(1)

Agency Head

Yes

No limitation

218.27

HCA

Yes

No limitation

5113.500(c)(1)

HCA

Yes

No Lower than SCO

Test Program for Certain Commercial items

Approval of sole-source justification over $750K but not exceeding $15M

13.501(a)(2)(ii)

Advocate for Competition

No additional Guidance

Advocate for Competition

Test Program for Certain Commercial items

Approval of sole-source justification over $15M but not over $100M

13.501(a)(2)(iii)

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

No additional Guidance

HCA or SCO at GO/SES Level

Test Program for Certain Commercial items

Approval of sole-source justification over $100M

13.501(a)(2)(iv)

SPE

No additional Guidance

SPE

Preparation of Invitations for Bids

Waiving requirement for inclusion of clauses 51.214-27 and/or 52.214-28 in contract with a foreign government or agency of that government

14.201-7(b)(2) & (c)(2)

HCA

Yes

No limitation

No additional Guidance

5114.201-7(b)(2) & (c)(2)

HCA

Yes

No lower than SCO

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)

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

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

Mistakes After Award

Authority to rescind a contract, reform a contract or delete items involve in a mistake made in the contractor proposal, in accordance with FAR 14.407-4(b).

14.407-4(b)

Agency

Yes

No limitation

No additional Guidance

5114.407-4(b)

HCA

Yes

No lower than SCO

Contract Format

Authority to exempt individual contracts from the use of the uniform contract format.

15.204(e)

Agency Head

Yes

No limitation

No additional Guidance

5115.204(e)

ASA(ALT)

Yes

HCA, with authority to delegate to No lower than SCO

Contract Format

Authority to exempt classes of contracts

15.204(e)

5115.204(e)

ASA(ALT)

Yes

DASA(P), without power to further delegate

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

Source Selection

Waivers for Solicitations valued at $1B or more

215.300 (See DoD Source Selection Procedures)

DPC

Source Selection. Responsibilities

Appointment of SSAs for acquisitions for systems and services, acquired through the Defense Acquisition System, for which milestone decision authority (or other decision authority) is at the Army Acquisition Executive (AAE) or Office of the Secretary of Defense level IAW the applicable Adaptive Acquisition Framework DoDI.

15.303(a)

Agency Head

Yes

KO or other appointed individual

No additional Guidance

5115.303(a)(i)

AAE

Yes

AAE or as Delegated

Source Selection. Responsibilities

Appointment of SSAs for other service acquisitions with a total planned dollar value of $500 million or more, or service acquisitions identified by the ASA(ALT) as a special interest. See DoDI 5000.74 and AR 70-13.

15.303(a)

Agency Head

Yes

KO or other appointed individual

No additional Guidance

5115.303(a)(ii)

DASA(P) or SSM

Source Selection. Responsibilities

Appointment of SSAs all other acquisitions for which formal source selection procedures are used.

15.303(a)

Agency Head

Yes

KO or other appointed individual

No additional Guidance

5115.303(a)(iii)

ASA(ALT)

Yes

HCA, with authority to delegate to No Lower than SCO

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

Prohibition on Obtaining Certified Cost or Pricing Data

Waiving requirement for submission of certified cost or pricing data

15.403-1(c)(4)

HCA

DFARS PGI 215.403-1(c)(4)(A)(2)

HCA, with SPE coordination prior to HCA approval

Yes

No limitation

HCA, with SPE coordination prior to HCA approval

Obtaining Certified Cost or Pricing Data

Determination that it is in the best interest of the Government to make award to offeror who does not comply with requirement to submit other than certified cost or pricing data

15.403-3(a)(4)

HCA

Yes

No limitation

No additional Guidance

5115.403-3(a)(4)

HCA

Yes

No lower than SCO

Requiring Certified Cost or Pricing Data

Authorize KO to obtain certified cost or pricing data for actions below $2M but exceeding SAT

15.403-4(a)(2)

HCA

No additional Guidance

HCA

Proposal Analysis Techniques

Determination that it is in the best interest of the Government to make award to offeror who does not comply with requirement to submit other than certified cost or pricing data - When the contractor continues to refuse to provide data to the contracting officer.

DFARS PGI 215.404-1(a)(i)(A)(iv)

HCA

Yes

No limitation

5115.404-1(a)(i)(A)(iv)

HCA

Yes

No lower than SCO

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

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

Should-Cost Review

Request an overhead should-cost review for a contractor business unit that does not meet the criteria found in DFARS PGI 215.407-4(c)(2)(A).

DFARS PGI 215.407-4(c)(2)(B)

HCA

Yes

No limitation

5115.407-4(c)(2)(B)

HCA

Yes

No lower than SCO

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

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

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

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 additional Guidance

HCA or Higher

Use of Fixed Price Contracts

Requires HCA approval for use of Cost-type contracts over $50M awarded after 1 Oct 2018 and before 1 October 2019; and over $25M awarded after 1 October 2019

Defense Pricing and Contracting Class Deviation 2019-O0001

HCA

Yes

5116.3

HCA

Yes

No lower than SCO

Limitations on Cost-Reimbursement Contracts

Limitations on Awarding Cost-Reimbursement Contracts in excess of $25M.

16.301-3(a)

216.301-3(2)

HCA

Yes

No limitation

5116.301-3(2)

HCA

Yes

No Lower than SCO

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

Award-fee Contracts

Approval of D&F for all award-fee contracts (except for cost-reimbursement award-fee contracts in excess of $25 million) justifying use of this type of contract

16.401(d)

HCA

Yes

No limitation

216.401(d)(i)(A)

HCA or Designee

Yes

No Lower than 1 Level Below HCA

5116.401(d)(i)

No Lower than SCO

Incentive Contracts

Approval of D&F for all incentive contracts (except for cost-reimbursement contracts valued in excess of $25 million) incentive contracts, justifying use of this type of contract

16.401(d)

HCA

Yes

No limitation

216.401(d)(i)(B)

HCA or Designee

Yes

1 Level Above the KO

5116.401(d)(i)

1 Level Above the KO

Yes

Award-fee Contracts

Approval of D&F for cost-reimbursement incentive- or award fee contracts valued in excess of $25 million

16.401(d)

HCA

Yes

No limitation

216.401(d)(ii)

HCA

Yes

No limitation

5116.401(d)(ii)

HCA

Yes

No lower than SCO

Cost-Plus-Award-Fee Contracts

Approval of remaining award fee pool less than 40% at time of final evaluation

216.405-2(1)

HCA

Single Source Award

No task or delivery order contract in an amount estimated to exceed $100 million (including all options) may be awarded to a single source unless the head of the agency determination

16.504(c)(1)(ii)(D)(1)

Head of the Agency

Yes

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

SPE

Yes

SPE

Yes

HCA, with authority to delegate to No lower than SCO only with written concurrence by the DASA-P

Indefinite-Delivery Contracts. Ordering

Approval of justification for an exception to fair opportunity over $15M but not exceeding $100M

16.505(b)(2)(ii)(C)(3)

HCA

Yes

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

No additional Guidance

5116.504(b)(2)(ii)(C)(3)

HCA

Yes

SCOs at GO/SES level only; otherwise HCA

Indefinite-Delivery Contracts. Ordering

Approval of justification for an exception to fair opportunity exceeding $100M

16.505(b)(2)(ii)(C)(4)

SPE

Indefinite-Delivery Contracts. Ombudsman

HCA shall designate a task and delivery order ombudsman for the contracting activity.

16.505(b)(8)

Head of the Agency

Yes

No limitation

5116.505(b)(8)

ASA(ALT)

Yes

HCA, with authority to delegate to No lower than SCO

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

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 additional Guidance

HCA

Letter Contracts. Application

Approval of KO's determination of reasonable price to definitize UCA under certain circumstances.

16.603-2(c)(3)

HCA

Yes

No limitation

No additional Guidance

5116.603-2(c)(3)

HCA

Yes

No lower than SCO

Letter Contracts. Limitations

Authorizing use of letter contract

16.603-3

HCA

Yes

No limitation

216.603-3

HCA

Yes

No limitation

5116.603-3

HCA

Yes

No lower than SCO

Multi-Year Contracting

Authorize modifications of the requirements

17.104(b)

Agency Head

Yes

No Limitation

No additional Guidance

5117.104(b)

ASA(ALT)

Yes

HCA, with authority to delegable to No Lower than SCO

Multi-Year Contracting for Supplies

Authorize use of multi-year contract for supplies

17.105-1(b)

Agency Head

Yes

No limitation

No additional Guidance

5117.105-1(b)

ASA(ALT)

Yes

HCA, with authority to delegate to No lower than SCO

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

Multi-Year Contracting

Authorizes the use of a solicitation requesting only multi-year prices, provided that dual proposals are not necessary to meet the objectives in FAR 17.105-2.

17.106-3(f)

HCA

Yes

No limitation

No additional Guidance

5117.106-3(f)

HCA

Yes

No lower than SCO

Multi-Year Contracting

Approves the use of variable unit prices on multi-year contracts provided that, for competitive proposals, there is a valid method of evaluation.

17.106-3(g)

HCA

Yes

No limitation

No additional Guidance

5117.106-3(g)

HCA

Yes

No lower than SCO

Multi-Year Contracting

Written Notification to Congress to Award a Multi-Year Contract which includes a cancellation ceiling in excess of $150M

17.108(b)

Head of Agency

Yes

No Limitation

No additional Guidance

5117.108(b)

ASA(ALT)

Yes

DASA(P), without power to further delegate

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

Multiyear Contracts for Supplies

For contracts equal to or greater than $750 million, determination that the conditions required by paragraphs (h)(2)(i) through (vii) of this section will be met by such contract, in accordance with the Secretary’s certification and determination required by paragraph (h)(2) of this section

217.172(f)(2)

HCA

Yes

No limitation

5117.172(f)(2)

HCA

Yes

No lower than SCO

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

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

Contracts

Approval for use of contract terms in excess of the limitations specified in FAR 17.204(e).

17.204(e)

217.204(e)

5117.204(e)

HCA

Yes

HCA, with authority to delegate to No Lower than SCO

Contracts (Options)

Approval of ordering periods in excess of 10 years for task/delivery order contracts

17.204(e)

217.204(e)(i)(C)

Agency Head

Yes

No limitation

5117.204(e)(i)(C)

ASA(ALT)

Yes

HCA, without power to further delegate

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

Interagency Acquisitions

Waiver determination for acquisitions of supplies and services by nondefense agencies on behalf of DoD

17.703(e)

USD(A&S)

Yes

No limitation

See DPC Memo Subject: Re-delegation of Authority Under Section 801 FY18 NDAA "Internal Controls for Procurements on Behalf of DoD by Certain Non-Defense Agencies", dated 17 June 2019.

SPE

Yes

No Lower than HCA

5117.703(e)

SPE

Yes

DASA(P) or SSM, without power to further delegate

Interagency Acquisitions: Acquisitions by Nondefense Agencies on behalf of DoD

Concurrence to use non-DoD contract prior to public announcement of the requirement for acquisitions valued at or above the simplified acquisition threshold, but less than $50 million

217.770

In accordance with Department and Agency Procedures

Yes

No limitation

5117.770(2)(i)

HCA

Yes

No lower than 2 levels below SCO

Interagency Acquisitions: Acquisitions by Nondefense Agencies on behalf of DoD

Concurrence to use non-DoD contract prior to public announcement of the requirement for acquisitions valued at or above $50 million but less than $250 million

217.770

In accordance with Department and Agency Procedures

Yes

No limitation

5117.770(2)(ii)

HCA

Yes

No lower than 1 level below SCO

Interagency Acquisitions: Acquisitions by Nondefense Agencies on behalf of DoD

Concurrence to use non-DoD contract prior to public announcement of the requirement for acquisitions valued at or above $250 million

217.770

In accordance with Department and Agency Procedures

Yes

No limitation

5117.770(2)(iii)

HCA

Yes

No lower than SCO

Undefinitized Contract Actions (UCA) Limitations.

Approval to enter into a UCA for foreign military sales contracts

217.7404(a)(1)(ii)

HCA

Yes

No Limitation

5117.7404(a)(1)(ii)

HCA

Yes

No lower than CoCO if $50m or less; SCO if greater than $50m

Undefinitized Contract Actions (UCA) Limitations.

Approval of unilaterally definitizing UCAs with a value greater than $50M

217.7404(b)(2)

HCA

Undefinitized Contract Actions (UCA) Authorization.

Approves Undefinitized Contract Actions (UCA).

217.7404-1

HCA

Yes

No limitation

5117.7404-1

HCA

Yes

No lower than CoCO if $50m or less; SCO if greater than $50m

Undefinitized Contract Actions (UCA) Definitization Schedule

Approval of determination to extend definitization schedule beyond an additional 90 days

217.7404-3(a)(1)

HCA

Undefinitized Contract Actions (UCA) Limitations on Obligations.

Waive the limitations in 217.7404(a), 217.7404-2, 217.7404-3, and 217.7404-4 for UCAs if determined that the waiver is necessary to support a contingency operation; or a humanitarian or peacekeeping operation.

217.7404-5(b)

Agency Head

Yes

No limitation

5117.7404-5(b)

ASA(ALT)

Yes

HCA, without power to further delegate

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

Acquisition of Parts When Data is not available

Authorization of reverse engineering

DFARS PGI 217.7504(4)(ii)

HCA

Yes

No limitation

5117.7504(4)(ii)

HCA

Yes

No lower than SCO

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

Protest to GAO

Override of CICA Stay due to a Protest

18.125 (See 33.104(b) and (c))

HCA

No additional Guidance

HCA

Available Acquisition Flexibilities

Rights in Technical Data

218.170(h)

Agency Head

Yes

No limitation

5118.170(h)

ASA(ALT)

Retain

Emergency Acquisitions. Contingency Operation

Approve determinations related to support of contingency ops or defense against / recovery from nuclear, biological, chemical, radiological attack, cyber attack, international disaster assistance, and response to an emergency or major disaster.

18.201

Head of Agency

Yes

No Limitation

218.201

HCA (per 218.270,Head of Agency is replaced with HCA for FAR Part 18.2)

Yes

No limitation

5,118.20 €

HCA

Yes

No lower than SCO

Emergency Acquisitions. Contingency Operation

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

218.201(9) & 217.7404-5(b)

Head of Agency

Yes

No limitation

5118.201(9)

ASA(ALT)

Yes

HCA, without power to further delegate

Emergency Acquisitions. Head of contracting activity determinations

The term “head of the agency” is replaced with “head of the contracting activity,” as defined in FAR 2.101.

18.2

218.270(e)

HCA

Yes

No limitation

5118.270(e)

HCA

Encouraging small business participation in acquisitions

Determination that a consolidated requirement cannot be placed under one of the preference programs prior to release of the solicitation

5119.202-1(1)

HCA

Yes

No lower than SCO

Partial Set-Asides

Authorizing partial set-aside when only 2 concerns (1 large, 1 small) are expected to respond with offers

19.502-3(a)(5)

HCA

Yes

No limitation

No additional Guidance

5119.502-3(a)(5)

HCA

Yes

No lower than CoCO

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

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

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

ASA(ALT)

Yes

ASA(ALT)

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

HUBZone Set-Aside Procedures

Determining urgent and compelling circumstances exist to proceed with acquisition upon receipt of SBA's notice of intent to appeal

19.1305(d)(2)

HCA

Yes

No limitation

No additional Guidance

5119.1305(d)(2)

HCA

Yes

No lower than SCO

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

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 SCO

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

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

Reporting Labor Disputes

Submit a report of findings and recommendations to the labor advisor regarding the impact of potential or actual labor disputes that involve a product, project (including construction), or service that must be obtained in order to meet schedules for urgently needed military programs or requirements.

22.101-3

Contract Administration Office

Yes

No limitation

222.101-3-70(b)

HCA

Yes

No limitation

5122.101-3-70(b)

HCA

Yes

No lower than SCO

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

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

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

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

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

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

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

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 additional Guidance

SPE

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

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

Procedures for acquiring end products on the list of products requiring contractor certification as to forced or indentured child labor.

Imposing remedies if the contractor has furnished an end product or component that has in fact been mined, produced, or manufactured, wholly or in part, using forced or indentured child labor.

22.1503(f)

Head of Agency

Yes

No Limitation

No additional Guidance

5122.1503(f)

ASA(ALT)

Yes

HCA, with authority to delegate to No Lower than SCO

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

Combating Trafficking in Persons

Exemption from the requirement to provide return transportation or pay for the cost of return transportation

22.1703(a)(7)

Agency Head

Yes

No Limitation

No additional Guidance

5122.1703(a)(7)

ASA(ALT)

Yes

HCA, with authority to delegate to No Lower than SCO

Combating Trafficking in Persons - Violations and Remedies

Receipt of agency Inspector General report

22.1704(c)

Head of Executive Agency

Yes

No Limitation

No additional Guidance

5122.1704(c)

ASA(ALT)

Yes

HCA, with authority to delegate to No Lower than SCO

Employment Eligibility Verification. Policy

Waive e-Verify requirement for a contract, subcontract, or class of contracts or subcontracts

22.1802(d)

HCA

No additional Guidance

HCA

Sustainable Acquisition Policy - Exceptions

Determination of Application

23.104(a)

Agency Head

Yes

No Limitation

No additional Guidance

5123.104(a)

ASA(ALT)

Yes

HCA, with authority to delegate to No Lower than SCO

Sustainable Acquisition Policy - Exemption Authority

Exemption Authority to purchase sustainable products

23.105

Head of Agency

Yes

No Limitation

No additional Guidance

5123.105

ASA(ALT)

Retain

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

Safety precautions for ammunition and explosives. Procedures

Waives the mandatory requirements for safety precautions for ammunition and explosives.

DFARS PGI 223.370-4(1)(i)

HCA

Yes

No limitation

5123.370-4(1)(i)

HCA

Yes

No lower than SCO

Drug-Free Workplace

Determination to suspend contract payments, terminate a contract for default, debar or suspend

23.506(e)

Agency Head

No additional Guidance

ASA(ALT)

Contractor Compliance with Environmental Management Systems

Determination that the use of Compliance With Environmental Management Systems clause for facilities located outside the U.S.

23.903

Agency Head

Yes

No Limitation

No additional Guidance

5123.903

ASA(ALT)

Yes

HCA, with authority to delegate to No Lower than SCO

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

Buy America Supplies, Exceptions

Approval of determination for public interest exception to Buy American statute at various thresholds

25.103(a)

Agency Head

Yes

No limitation

225.103(a)(ii)(B)(2)

HCA

Yes

No limitation

5125.103(a)(ii)(B)(2)

HCA

Yes

No lower than SCO

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

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

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

Buy America Supplies, Exceptions

Approval of determination for nonavailability exception to Buy American statute for acquisitions valued at $1.5M or more

25.103(b)(2)(i)

HCA

Yes

No limitation

225.103(b)(ii)(C)

HCA or Immediate Deputy

Yes

No limitation

5125.103(b)(ii)(C)

HCA

Yes

No lower than SCO

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

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

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

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

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

Buy American-Construction Materials

Determining that construction material is not mined, produced, or manufactured in the US in sufficient and reasonably available quantities of a satisfactory quality

25.202(a)(2)

HCA

Yes

No limitation

225.202(a)(2) (see 225.103(b)(ii)(C))

HCA or Immediate Deputy

Yes

No limitation

5125.202(a)(2)

HCA

Yes

No lower than SCO

Buy American - Construction Materials

Specifying a higher percentage to the offered price of the cost of any foreign construction material proposed for exception from the requirements of the Buy American Act based on unreasonable cost of domestic materials

25.204(b)

Head of Agency

Yes

No Limitation

No additional Guidance

5125.204(b)

ASA(ALT)

Yes

DASA(P) and for the U.S. Army Corps of Engineers, the HCA USACE, without power to further delegate

World Trade Organization Government Procurement Agreement and Free Trade Agreement

Approval of national interest waiver for purchase by overseas purchasing activity in support of US forces stationed abroad

225.403(c)(ii)(A)

HCA

Yes

No limitation

5125.403(c)(ii)(A)

HCA

Yes

No lower than SCO

American Recovery and Reinvestment Act--Buy America Statute-Construction materials

Determining for ARRA that construction material is not mined, produced, or manufactured in the US in sufficient and reasonably available quantities of a satisfactory quality

25.603(a)(1)(i)

HCA

Yes

No limitation

No additional Guidance

5125.603(a)(1)(i)

HCA

Yes

No lower than SCO

American Recovery and Reinvestment Act--Buy America Statute-Construction materials

Determination that application of the restrictions of AARA in particular manufactured construction material would be inconsistent with the public interest

25.603(a)(1)(iii)

Agency Head

Yes

No limitation

No additional Guidance

5125.603(a)(1)(iii)

ASA(ALT)

Yes

HCA, with authority to delegate to No lower than SCO

American Recovery and Reinvestment Act--Buy America Statute-Construction materials

Determination that application of the Buy American statute to a particular unmanufactured construction material would be impracticable

25.603(a)(2)

Agency Head

Yes

No limitation

No additional Guidance

5125.603(a)(2)

ASA(ALT)

Yes

HCA, with authority to delegate to No lower than SCO

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

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

Foreign Acquisition

Waiver of Right to Examine Records

25.1001(a)(2)(iii)

Head of Agency

Yes

No Limitation

No additional Guidance

5125.1001(a)(2)(iii)

ASA(ALT)

Retain

Authorization Acts, Appropriation Acts, and Other Statutory Restrictions on Foreign Acquisition

Determination that items grown, reprocessed, reused, or produced in the United States cannot be acquired as and when needed in a satisfactory quality and sufficient quantity at U.S. market prices

225.7002-2

Secretary of the Army

5125.7002-2(b)(1)(ii)(1)

Secretary of the Army

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

5225.7003-3(b)(5)(i)(l)

Secretary of the Army

Restrictions on Acquisitions of Specialty Metals--Exceptions

225.7003-3(b)(5)(ii)

USD(AT&L)

5225.7003-3(b)(5)(i)(l)

USD(AT&L)

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

Waiver of Restrictions of 10 U.S.C. 2534

Waiver of restrictions on certain foreign purchases on a case-by-case basis

225.7008(a)(2)

HCA

Yes

No limitation

5125.7008(a)(2)

HCA

Yes

No lower than SCO

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

Restriction on Acquisition of Certain Magnets and Tungsten

Determination to make individual nonavailability determination

225.7018-4(a)(1)

HCA

Yes

No limitation

HCA

Retain

Requirement to Use Firm-Fixed-Price Contracts for FMS

Waiver of requirement to use a firm-fixed-price contract for FMS.

225.7301-1(b)

See DPC Class Deviation 2020-O0003 valid through Dec 31, 2020; After CoCO

Yes

No Limitation

5125.7301-1(b)

CoCO

Retain

Enhanced Authority to Acquire Products or Services from Afghanistan, Determination Requirements

Determination to use enhanced authority for individual acquisition of products or services with a value of less than $100M from Afghanistan

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

HCA

Yes

No limitation

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

HCA

Yes

No lower than SCO

Enhanced Authority to Acquire Products or Services from Afghanistan, Determination Requirements

Determination to use enhanced authority for individual acquisition of products or services with a value of $100M or more from Afghanistan

225.7703-2(b)(2)(ii)

AAE

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

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

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

Patent and Copyright Infringement Liability - Contract Clauses

Obtain approval to exempt specific US patents from the patent indemnity clause

27.201-2(e)

Agency Head

Yes

No Limitation

No Additional Guidance

5127.201-2(e)

ASA(ALT)

Yes

Commander, U.S. Army Legal Services Agency; Exception: the Commander for AMC and designees that have patent counsel

Patent Rights Under Government Contracts - Contract Clauses

Grant a foreign government a sublicense in subject inventions pursuant to a specified treaty or agreement

27.303(b)(3)

Agency Head

Yes

No Limitation

227.303(2)(ii)(B)

Agency Head

Yes

No limitation

5127.303(b)(3)

ASA(ALT)

Retain

Patent Rights Under Government Contracts - Contract Clauses

Determine that restriction or elimination of the right to retain title to any subject invention will better promote the policy and objectives of USC 35, chapter 18.

27.303(e)(1)(ii)

Agency Head

Yes

No Limitation

No Additional Guidance

5127.303(e)(1)(ii)

ASA(ALT)

Yes

HCA, without power to further delegate

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

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 Additional Guidance

ASA(ALT)

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

5127.7103-13(d)(6)(iii)

ASA(ALT)

Conformity, Acceptance and Warranty of Technical Data

Authorization to withhold payments (or exercise such other remedies an agency head considers appropriate) during any period if the contractor does not meet the requirements of the contract pertaining to the delivery of technical data.

227.7103-14(a)(2)

Agency Head

Yes

No limitation

5127.7103-14(a)(2)

ASA(ALT)

Yes

No Lower Than the KO

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

5127.7203-13(e)(1)

ASA(ALT)

Bid Guarantees

Class waivers may be authorized for bid guarantees

28.101-1(c)

Agency Head

Yes

No limitation

No additional Guidance

5128.101-1(c)

ASA(ALT)

Yes

HCA, with authority to delegate to No lower than SCO

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

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

Furnishing information on Surety Bonds

Copies of payment bonds, provided for contracts, shall be furnished to any person who makes a request

28.106-6(c)

Agency Head

Yes

No limitation

No additional Guidance

5128.106-6(c)

ASA(ALT)

Yes

HCA, with authority to delegate to No lower than SCO

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

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

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

Insurance--Additional Clauses

Decision not to allow contractor to buy insurance for war-hazard losses

228.370(a)(2)

HCA

Yes

No limitation

5128.370(a)(2)

HCA

Yes

No lower than SCO

Federal Excise Taxes

Process applications to the Bureau of Alcohol, tobacco, and Firearms for permits to procure alcohol free of tax pursuant to guidance at Title 27 Code of Federal Regulations, Section 22.172 Application and permit

5129.201(b)

ASA(ALT)

Yes

HCA, with authority to delegate to No lower than SCO

Application of State and Local Taxes to Government Contractors and Subcontractors

Designation of Prime and Subcontractors as agents of the Government

29.303(a)

Agency Head

Yes

No Limitation

No additional Guidance

5129.303(a)

ASA(ALT)

Yes

DASA(P), without power to further delegate

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

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 additional Guidance

5130.202-6(b)

ASA(ALT)

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

231.100-70 (Class Deviation 2011-O0006)

HCA

Yes

No limitation

HCA

Retain

No delegation for deviation

Individual Deviations of Cost Principles

Approve Individual Deviations from Cost principles and procedures.

31.101

Agency head

Yes

No limitation

201.402-1(iv)

DPC

Compensation for Personal Services - Severance Pay

Permission to waive severance payment allowability limitations

31.205-6(g)(6)

Head of Agency

Yes

No Limitation

No additional Guidance

5131.205-6(g)(6)

ASA(ALT)

Yes

HCA, with authority to delegate to No Lower than SCO

Compensation for Personal Services

Establish one or more narrowly targeted exceptions for employee compensation limits for scientists, engineers, or other specialists upon a determination that such exceptions are needed to ensure that the executive agency has continued access to needed skills and capabilities.

31.205-6(p)(4)(iii)

Agency head

Yes

No limitation

No additional Guidance

5131.205-6(p)(4)(iii)

ASA(ALT)

Yes

HCA, with authority to delegate to No lower than the SCO

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

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

Unusual Contract Financing

Approve/authorize contract financing arrangements that deviate from arrangements in FAR 32.1

32.114

Agency head

Yes

No limitation

201.402(1)(vi)

Director, DPC

No limitation

5132.114

Director, DPC

Commercial Item Purchase Financing - Statutory Authority

Determination that payment for commercial items maybe under such terms and conditions that are appropriate or customary in the commercial marketplace

32.201

Head of Agency

Yes

No Limitation

No additional Guidance

5132.201

ASA(ALT)

Yes

No Lower Than the KO

Commercial Item Purchase Financing

Approval, as unusual contract financing, of any contract financing arrangement not in accord with agency regs or FAR 32.202

32.202-1(d)

HCA

Yes

No limitation

201.402(1)(vi)

Director, DPC

No limitation

5132.202-1(d)

Director, DPC

Advance Payments for Non-Commercial Items

Determination that statutory requirements and standards for advance payment are met and in in the public interest

32.402(c)(1)(iii)(A)

Agency Head

Yes

No Limitation

No additional Guidance

5132.402(c)(1)(iii)(A)

ASA(ALT)

Retain

Advance Payments for Non-Commercial Items

Determination that statutory requirements and standards for advance payment are met and facilitates the national defense

32.402(c)(1)(iii)(B)

Agency Head

Yes

No Limitation

No additional Guidance

5132.402(c)(1)(iii)(B)

Secretary of the Army

Advance Payments for Non-Commercial Items

Authorization of advance payments without interest under certain types of contracts

32.407(d)

Agency Head

Yes

No Limitation

No additional Guidance

5132.407(d)

ASA(ALT)

Yes

HCA, with authority to delegate to No Lower Than SCO

Unusual Progress Payments

Approval of contractor's request for unusual progress payments

32.501-2(a)(3)

HCA

Yes

No limitation

DFARS PGI 232.501-2

Director, DPC

DPC

Contract Funding - Contracts Crossing Fiscal Years

Entering into a contract or exercising an option for severable services for a period that begins in one fiscal year and ends in the next fiscal year

32.703-3(b)

Head of Executive Agency

Yes

No Limitation

232.703-3(b)

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)

5132.803(d)

ASA(ALT)

Retain

Prompt Payment. Applicability

Determination that conditions exist that limit normal business ops

232.901(1)(ii)

HCA

Yes

No limitation

5132.901(1)(ii)

HCA

Yes

No lower than the SCO

Prompt Payment. Applicability

Subsequent determinations as operational area becomes more stable or less stable

232.901(3)

HCA

Yes

No limitation

5132.901(3)

HCA

Yes

No lower than the SCO

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

Making Payments

Determination to make invoice payments earlier than 7 days prior to the due date

32.906(a)

Agency Head

Yes

No Limitation

No additional Guidance

5132.906(a)

ASA(ALT)

Yes

HCA, with authority to delegate to No lower than the SCO

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

Protests

Make determinations when a solicitation, proposed award, or award does not comply with the requirements of law or regulation

33.102(b)

Agency Head

Yes

No limitation

No additional Guidance

5133.102(b)(i)

ASA(ALT)

Yes

HCA, with authority to delegate to No lower than SCO, the Chief of the Supporting Legal Office or the Official Designated as the Independent Review Authority IAW FAR 33.103(d)(4)

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

Protests to GAO

Protests before award

33.104(b)(1)

HCA

No additional Guidance

5133.104(b)

HCA determination approved by DASA(P) or AMC Command Counsel (for contracting offices reporting to AMC)

Protests to GAO

Protests after award

33.104(c)(2)

HCA

No additional Guidance

5133.104(c)

HCA determination approved by DASA(P) or AMC Command Counsel (for contracting offices reporting to AMC)

Protests to GAO

Reporting to GAO the agency's failure to fully implement GAO's recommendations regarding a solicitation or contract award

33.104(g)

HCA

Yes

No limitation

No additional Guidance

5133.104(g)

HCA

Yes

No lower than SCO; Exception for USACE: Chief Counsel

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

Contracting officer’s duties upon appeal.

Approval of use of the Judgment Fund for cases at or below $1M

5133.212-98(a)(1)

ASA(FM&C)

Yes

DASA-FO, without power to further delegate

Obligation to continue performance

Approve the determination to use the alternate paragraph in the clause at FAR 233-1

33.213

5133.213(a)

HCA

Yes

No lower than SCO; Exception for USACE: No lower than CoCO; Deviation Required

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

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.

Acquisition of Major Weapon Systems as Commercial Items

Determination that the information submitted pursuant to DFARS 234.7002(d)(1) and (d)(2) [Relevant Information] is not sufficient to determine the reasonableness of price

234.7002(d)(4)

HCA

Yes

No limitation

5134.7002(d)(4)

HCA

Yes

No Lower than CoCO

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

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

Special Use Allowances for Research Facilities Acquired by Educational Institutions

Approval for special use allowance for research facilities

235.015-70(c)

HCA

Yes

No limitation

5135.015-70(c)

HCA

Yes

No lower than SCO

Special Use Allowances for Research Facilities Acquired by Educational Institutions

Consent to put research facility to significant use other than that which justified the special use allowance

235.015-70(d)(3)(ii)

HCA

Yes

No limitation

5135.015-70(d)(3)(ii)

HCA

Yes

No lower than SCO

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

Construction Contracts with Architect-Engineer Firms

Prohibits award of a contract for the construction of a project to the firm that designed the project or its subsidiaries or affiliates, except with the approval.

36.209

Agency head

Yes

No limitation

No additional Guidance

5136.209

ASA(ALT)

Yes

HCA, with authority to delegate to No lower than SCO

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

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

5136.27

Secretary of the Army

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

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

Two-Phase Design-Build Selection Procedures

Approval of determination that more than 5 offerors will be selected to submit phase-two proposals for acquisitions greater than $4.5M

236.303-1(a)(4)

HCA

Yes

No Lower Than the Senior Contracting Official

HCA

Yes

No Lower than the SCO

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

Selection of Firms for Architect-Engineer Contracts

Permits approval of the use of design competition; authorizes t final selection decision; and requires review of the selection report under a short selection process for contracts not expected to exceed the simplified acquisition threshold and approval or return to the chairperson of the evaluation board for appropriate revision.

36.602-1(b) 36.602-4(a) 36.602-5(b)(2)

Agency head

Yes

No limitation

No additional Guidance

5136.602-1(b) 5136.602-4(a) 5136.602-5(b)(2)

ASA(ALT)

Yes

HCA, with authority to delegate to No lower than CoCO Exception for USACE: HCA, with authority to delegate to the Center Director/District Commander, with authority to re-delegate to the Center/District Chief Of Engineering, the CoCO, or other appropriate officials Not Below the level of the CoCO.

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

Personal Services Contracts

Personal services contracts for experts and consultants authorized by 10 U.S.C. 129b

237.104(b)(i)

In accordance with Agency regulations

Yes

No limitation

5137.104(b)(i)

HCA

Yes

No lower than SCO

Personal Services Contracts

Approval Requirements for Personal services contracts for health care are authorized by 10 U.S.C. 1091

237.104(b)(ii)(C)(2)

In accordance with Agency regulations

Yes

No limitation

5137.104(b)(ii)(C)(2)

HCA

Yes

No Lower Than SCO; Exception for MEDCOM No Lower than the CoCO

Personal Services Contracts

Approval of personal services contract in accordance with 10 USC 129b(d)

237.104(b)(iii)(A)(2)

HCA

Yes

No limitation

5137.104(b)(iii)(A)(2)

HCA

Yes

No lower than SCO

Severance Payments with Foreign Nationals

Permits waiver of FAR 31.205-6(g)(6) cost allowability limitations on severance payments to foreign nationals

37.113-1(a)

Agency head

Yes

No limitation

No additional Guidance

5137.113-1(a)

ASA(ALT)

Yes

HCA, with authority to delegate to No lower than SCO

Approval of Contracts and Task Orders for Services

Approval of contract or task order that is not performance-based (at or below $100M)

DFARS 237.170-2(a)(1)

Official designated by the Department or Agency

Yes

No limitation

5137.170-2(a)(1)

HCA

Yes

No Lower than SCO

Approval of Contracts and Task Orders for Services

Approval of contract or task order that is not performance-based (exceeding $100M)

DFARS 237.170-2(a)(2)

SPE

Yes

No limitation

5137.170-2(a)(2)

SPE

Yes

HCA, without power to further delegate

Guidelines for Determining Availability of Personnel

Determines if sufficient personnel are available to evaluate/analyze proposals for advisory and assistance service procurements.

37.204

Agency Head

Yes

No limitation

No additional Guidance

5137.204

ASA(ALT)

Yes

HCA, with authority to delegate to No Lower than SCO

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

Management Oversight of Service Contracts

Review and approval of Acquisition Strategies

DoDi 5000.74

5137.590-3 (category I) Acquisition of services with an estimated total value of $1B or more, or more than $300M in any one year.

AAE

Yes

DASA(P) or Senior Services Manager, without power to further delegate

Management Oversight of Service Contracts

Review and approval of Acquisition Strategies

DoDi 5000.74

USD(AT&L) for acquisitions designated as special interest by the USD(AT&L)

5137.590-3 (special interest) As designated by USD(A&S), ASA(ALT), DASA(P) or SSM.

ASA(ALT)

Yes

ASA(ALT), DASA(P) or Senior Services Manager, without power to further delegate

Management Oversight of Service Contracts

Review and approval of Acquisition Strategies

DoDi 5000.74

5137.590-3 (category II) Acquisition of services with an estimated total value of $250M or more, but less than $1B.

AAE

Yes

DASA(P) or Senior Services Manager, without power to further delegate

Management Oversight of Service Contracts

Review and approval of Acquisition Strategies

DoDi 5000.74

5137.590-3 (category III) Acquisition of services with an estimated total value of $100M or more, but less than $250M.

AAE

Yes

HCA, with authority to delegate to No Lower than SCO

Management Oversight of Service Contracts

Review and approval of Acquisition Strategies

DoDi 5000.74

5137.590-3 (category IV) Acquisition of services with an estimated value of $10M or more, but less than $100M.

AAE

Yes

HCA, with authority to delegate to No Lower than CoCO

Management Oversight of Service Contracts

Review and approval of Acquisition Strategies

DoDi 5000.74

5137.590-3 (category V) Acquisition of services with an estimated total of simplified acquisition threshold, but less than $10M.

AAE

Yes

HCA, with authority to delegate to No Lower than 1 Level Above KO

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

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

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

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

Contract Administration Office Functions--Monitoring Contractor Costs

Specific direction to conduct formal program of Gov't monitoring of contractor policies, procedures, and practices for controlling costs where significant Gov't business exists

DFARS PGI 242.302(a)(S-75)(c)(1)(i)(C)

HCA

Yes

No limitation

5142.302(a)(S-75)(c)(1)(i)(C)

HCA

Yes

No lower than SCO

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

Indirect Cost Rates--Waiver of Certification

Waive the Certification requirement when in the interest of the US or written determination is made available to public

42.703-2

Agency head

Yes

No limitation

No additional Guidance

5142.703-2

ASA(ALT)

Yes

HCA, with authority to delegate to No lower than SCO

Voluntary Refunds

Approval to solicit voluntary refunds

PGI 242.7100(4)

HCA

Yes

No limitation

5142.7100(4)

HCA

Yes

No lower than SCO

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

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

Government Property

Determination that non-severable installation / construction of Gov't property on contractor-owned real property is necessary and in Government's interest

45.102(e)

HCA

Yes

No limitation

No additional Guidance

5145.102(e)

HCA

Yes

No lower than SCO

Government Property

Exception to GFP ID for items used to support a contingency operation or to facilitate defense against or recovery from nuclear, biological, chemical, or radiological attack

245.102(4)(ii)(B)

Agency head

Yes

No limitation

5145.102(4)(ii)(B)

ASA(ALT)

Yes

HCA, with authority to delegate to No Lower Than SCO

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

Government Property--Policy

Determine exception to requirement for contractor to tag, label, or mark items (IUID) acquired from a small business or commercial item

245.102(4)(ii)(C)(1)(ii)

HCA for non-ACAT I programs

Yes

No limitation

5145.102(4)(ii)(C)(1)(ii)

HCA

Yes

No lower than SCO

Use and Rental of Government Property

Approval of contractor use of Gov't property for commercial use expected to exceed 25% of total use of Gov't and commercial work performed

45.301(f)

HCA

Yes

No limitation

No additional Guidance

5145.301(f)

HCA

Yes

No lower than SCO

Value Engineering. Policies

Exemption for class of contracts from inclusion of value engineering provisions

48.102(a)

Agency head

Yes

No limitation

No additional Guidance

5148.102(a)

ASA(ALT)

Yes

HCA, with authority to delegate to No lower than SCO

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

Value Engineering-- Clauses for Supply or Service Contracts

Exempted the contract (or a class of contracts) from the requirements of this Part 48

48.201(a)(6)

Agency Head

Yes

No limitation

No additional Guidance

5148.201(a)(6)

ASA(ALT)

Yes

HCA, with authority to delegate to No lower than SCO

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

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

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

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

250.102-1(d)

Secretary of the Military Department

5150.102-1(d)

Secretary of the Army