MP5301.601-90 Head of Agency (HoA), Senior Procurement Executive (SPE), Service Acquisition Executive (SAE) Delegation Matrix
NOTE : Yellow-shaded blocks indicate retained HoA-SPE-SAE responsibilities or those that are not delegable per the regulation listed in the Reference column.
Item | Reference | Responsibilities | Retained by HoA, SPE, or SAE (SAF/AQ) | Delegated | Delegated to SCO | Delegable Below SCO |
---|---|---|---|---|---|---|
1 | FAR 3.104-2(a) | Approves agency supplementation of 3.104 including specific definitions to identify individuals who occupy positions specified in 3.104-3(d)(1)(ii), and any clauses required by 3.104 | Yes - SPE | No | No | No |
2 | FAR 52.203-3 AFFARS 5303.203-3 | Determines, after notice and hearing, that contractor or representative offered or gave a gratuity to officer, official, or Government employee and intended, by the gratuity, to obtain a contract or favorable treatment under a contract; and determines amount of exemplary damages (between 3 and 10 times cost incurred by contractor in giving gratuities to person concerned) | No | HCA | No | No |
3 | DFARS 203.570-2(a) AFFARS 5303.570-2(a) | Grants waiver in the interest of national security that the prohibition period described in Paragraph (b) of clause 252.203-7001 may be less than 5 years | No | HCA | No | No |
4 | DFARS 203.570-2(b) AFFARS 5303.570-2(b) | Makes written determination that the prohibition period described in Paragraph (b) of clause 252.203-7001 may be more than 5 years | No | HCA | No | No |
5 | DFARS 203.906(c)(1) AFFARS 5303.906(c)(1) | Takes required actions regarding reprisals as prohibited by 203.903 (10 USC 2409) | No | HCA | No | No |
6 | FAR 5.102(a)(5)(iii) AFFARS 5305.102(a)(5)(iii) | Makes written determination that availability of a solicitation through the GPE is not in the Government's interest | No | HCA | No | No |
7 | FAR 5.202(b) AFFARS 5305.202(b) | Makes written determination after consult with Administrator for Federal Procurement Policy and the Administrator of the Small Business Administration that advance notice of proposed contract action is not appropriate or reasonable | No | HCA | No | No |
8 | FAR 6.304(a)(4) | Approves in writing the justification for other than full and open competition for proposed contracts over $100 million | Yes - SPE | No | No | No |
9 | FAR 7.107-2(b) AFFARS 5307.107-2(b) | Determines that consolidation is necessary and justified if the benefits of the acquisition would substantially exceed the benefits that would be derived from each of the alternative contracting approaches identified under paragraph (a)(2). | No | HCA | Yes | No |
10 | FAR 7.107-2(e) AFFARS 5307.107-2(e) | Determines that consolidation is necessary and justified when the expected benefits do not meet the thresholds for a substantial benefit at paragraph (d)(1) of this subsection but are critical to the agency's mission success; and the procurement strategy provides for maximum practicable participation by small business. | No | HCA | Yes | No |
11 | FAR 7.107-3(a) | Makes written determination that the bundling is necessary and justified in accordance with 15 U.S.C. 644(e) after ensuring that conditions at (a)-(e) are met. | Yes - HoA | No | No | No |
12 | FAR 7.107-3(f)(1) | Determines that bundling is necessary and justified when the expected benefits do not meet the thresholds for a substantial benefit but are critical to the agency's mission success; and the procurement strategy provides for maximum practicable participation by small business. | Yes - SPE | No | No | No |
13 | FAR 8.405-3(a)(3)(ii) AFFARS 5308.405-3(a)(3)(ii) | Determination (in writing) to award single-award Blanket Purchase Agreement with an estimated value exceeding $112 million (including any options). | No | HCA | Yes | No |
14 | FAR 8.405-6(b)(3)(ii)(C) AFFARS 5308.405-6(b)(3)(ii)(C) | Makes written determination that access through e-Buy not in Government's interest | No | HCA | No | No |
15 | FAR 8.405-6(d)(4) | Approves the justification for limited sources under a BPA with an estimated value over $100 million | Yes - SPE | No | No | No |
16 | FAR 9.405(a) AFFARS 5309.405(a) | Determines compelling reason exists to solicit offers from, award contracts to, or consent to subcontracts with contractor debarred, suspended, or proposed for debarment | No | HCA | No | No |
17 | DFARS 209.405(b)(ii)(A) AFFARS 5309.405(b)(ii)(A) | Grants exemption permitting award to contractor that has violation of Clean Air or Clean Water Act | No | HCA | No | No |
18 | FAR 9.405(e)(2)-(3) AFFARS 5309.405(e)(2)-(3) | Makes written determination of the compelling reason to consider bid received from, evaluate for award, include in competitive range or hold discussions with listed contractor | No | HCA | No | No |
19 | FAR 9.405-1(a) AFFARS 5309.405-1(a) | Directs discontinuance of contracts or subcontracts in existence at time contractor was debarred, suspended, or proposed for debarment | No | HCA | No | No |
20 | FAR 9.405-1(b) AFFARS 5309.405-1(b) | For contractors debarred, suspended, or proposed for debarment, makes written determination of the compelling reasons to place orders exceeding the guaranteed minimum; place orders under FSS, BPAs, or BOAs; or add new work, exercise options, or otherwise extend duration or current contracts or orders | No | HCA | No | No |
21 | FAR 9.405-2(a)DFARS 209.405-2(a) AFFARS 5309.405-2(a) | States in writing that compelling reason exists for CO to consent to proposed subcontracts with contractors debarred, suspended, or proposed for debarment | No | HCA | No | No |
22 | DFARS 211.274-2(b)(2)(i)(A) AFFARS 5311.274-2(b)(2)(i)(A) | Executes D&F that it is more cost effective for the Government to assign, mark, and register the unique item identifier after delivery, & item is from SB concern or is commercial acquired under FAR Part 12 or 8 for an ACAT I program | No | PEO | No | No |
23 | FAR 11.501(d) AFFARS 5311.501(d) | Waives or reduces the amount of liquidated damages assessed under a contract if Commissioner, Financial Management Service, or designee approves (see Treasury Order 145-10). | No | HCA | No | No |
24 | DFARS 212.207(b)(iii) AFFARS 5312.207(b)(iii) | Approves written determination by the contracting officer to use T&M or LH for commercial services contracts expected to extend beyond three years | No | HCA, if the base period plus any option period exceeds 3 years | Yes, if the base period plus any option period is 3 years or less and T&M or LH value exceeds $1M | Yes, one level above the CO if the base period plus any option period is 3 years or less and the T&M or LH value is less than or equal to $1M |
25 | FAR 13.501(a)(2)(iv) | Approves the justification for sole source (including brand name) acquisitions conducted under subpart 13.5 for a proposed action exceeding $100 million | Yes - SPE | No | No | No |
26 | FAR 16.504(c)(2)(i)(A) AFFARS 5316.504(c)(2)(i)(A) | Designates official other than contracting officer to make determination in writing, as part of acquisition planning, that multiple awards are not practicable (Contracts for A&S) | No | PEO - For PEO designated programs HCA - For All Other Programs | No | No |
27 | FAR 16.504(c)(2)(i)(B) AFFARS 5316.504(c)(2)(i)(B) | Designates official other than contracting officer to make determination in writing, after the evaluation of offers, that only one offeror is capable of providing the services required at the level of quality required (Contracts for A&S) | No | PEO - For PEO designated programs HCA - For All Other Programs | No | No |
28 | FAR 16.504(c)(2)(ii) AFFARS 5316.504(c)(2)(ii) | Designates official other than contracting officer to make determination whether advisory and assistance services are incidental and not a significant component of contract | No | PEO - For PEO designated programs HCA - For All Other Programs | No | No |
29 | FAR 16.505(b)(2)(ii)(C)(4) | Approves the justification for exceptions to fair opportunity for a proposed order over $100 million | Yes - SPE | No | No | No |
30 | FAR 17.105-1(b) AFFARS 5317.105-1(b) | Enters into a multi-year contract (MYC) for supplies (DoD) if conditions at (b)(1)-(5) are met | No | PEO - For PEO designated programs HCA - For All Other Programs | No | No |
31 | DFARS 217.170(a) AFFARS 5317.170(a) | Compares cost if MYC to cost of an annual procurement approach, using present value analysis; award only if MYC will result in the lower cost | No | PEO - For PEO designated programs HCA - For All Other Programs | No | No |
32 | DFARS 217.170(b) AFFARS 5317.170(b) | Provides written notice to the congressional defense committees at least 30 days before termination of any MYC | No | PEO - For PEO designated programs HCA - For All Other Programs | No | No |
33 | DFARS 217.171(c) AFFARS 5317.171(c) | Makes written determination before entering into a MYC that the conditions at (c)(1)-(3) are met | No | PEO - For PEO designated programs HCA - For All Other Programs | No | No |
34 | DFARS 217.172(h) AFFARS 5317.172(h) | Ensures that the conditions at (h)(1)-(7) are satisfied before awarding a MYC for a defense acquisition program that has been specifically authorized by law to be carried out using MYC authority | No | PEO - For PEO designated programs HCA - For All Other Programs | No | No |
35 | DFARS 217.173 AFFARS 5317.173 | Enters into a MYC for up to 4 years (for supplies and services required for management, maintenance, and operation of military family housing) and pay for each year from annual appropriations | No | PEO - For PEO designated programs HCA - For All Other Programs | No | No |
36 | DFARS 217.204(e)(i)(C) AFFARS 5317.204(e)(i)(C) | Determines in writing that exceptional circumstances require an ordering period that exceeds 10 years. | No | PEO - For PEO designated programs HCA - For All Other Programs | No | No |
37 | DFARS 217.204(e)(iii) AFFARS 5317.204(e)(iii) | Approves issuance of an order subject to 217.204(e)(i) if performance under the order is expected to extend more than 1 year beyond the 10-yr limit or extended limit described in (e)(i)(C) | No | PEO - For PEO designated programs HCA - For All Other Programs | No | No |
38 | FAR 17.502-2(c)(2) | Approves D&F for an Economy Act order to obtain supplies or services by interagency acquisition when the servicing agency is not covered by the FAR | Yes - SPE | No | No | No |
39 | DFARS 217.7404-5(b) AFARS 5317.7404-5(b) | Waives limitations of 217.7404(a) Foreign military sales contracts; 217.7404-2 Price ceiling; 217.7404-3 Definitization schedule; and 217.7404-4 Limitations of obligations, if necessary to support cont. ops or humanitarian/peacekeeping op. | No | HCA | No | No |
40 | FAR 19.1505(g)(3) AFFARS 5319.1505(g)(3) | Issues a written decision on appeal of CO rejection of SBA recommendation or makes a written determination that urgent and compelling circumstances which significantly affect the interests of the United States compel award of the contract | No | HCA | No | No |
41 | FAR 19.1505(g)(5) AFFARS 5319.1505(g)(5) | Specifies in writing the reasons for a denial of an SBA formal appeal | No | HCA | No | No |
42 | DFARS 222.7003 AFFARS 5322.7003 | Waives the requirements of 222.7002 on case-by-case basis for national security | No | HCA | No | No |
43 | FAR 25.103(a)DFARS 225.103(a)(ii)(B)(3) AFFARS 5325.103(a)(ii)(B)(3) | Determines that domestic preference for foreign end product would be inconsistent with the public interest for acquisitions valued at $1.5 million or more. | Yes - HoA For ACAT I Programs | HCA - For other than ACAT I programs | No | No |
44 | FAR 25.202(a)(1) AFFARS 5325.202(a)(1) | Determines that application of the restrictions of the Buy American statute to a particular construction material would be impracticable or would be inconsistent with the public interest. | Yes - HoA For ACAT I Programs | HCA - For other than ACAT I programs | No | No |
45 | FAR 25.204(b) AFFARS 5325.204(b) | Specifies a higher percentage than 6 percent that the CO adds to the offered price of any foreign construction material proposed for exception from the requirements of the Buy American statute based on the unreasonable cost of domestic construction materials. | Yes - HoA For ACAT I Programs | HCA - For other than ACAT I programs | No | No |
46 | FAR 25.603(a)(1)(iii) AFFARS 5325.603(a)(1)(iii) | Determines that application of the restrictions of section 1605 of the Recovery Act to a particular manufactured construction material, or the restrictions of the Buy American statute to a particular unmanufactured construction material would be inconsistent with the public interest | Yes - HoA For ACAT I Programs | HCA - For other than ACAT I programs | No | No |
47 | FAR 25.603(a)(2) AFFARS 5325.603(a)(2) | Determines that application of the Buy American statute to a particular unmanufactured construction material would be impracticable | Yes - HoA For ACAT I Programs | HCA - For other than ACAT I programs | No | No |
48 | FAR 25.603(b)(2) AFFARS 5325.603(b)(2) | When a determination is made, for any of the reasons stated in this section, that certain foreign construction materials may be used, provides a notice to the Federal Register within three business days after the determination of the inapplicability of Section 1605 of the Recovery Act is made, with a copy to the Administrator for Federal Procurement Policy and to the Recovery Accountability and Transparency Board. | No | HCA | No | No |
49 | FAR 25.1001(a)(2)(iii) AFFARS 5325.1001(a)(2)(iii) | Executes D&F in accordance with 25.1001(b), that use of 52.215-2 w/ Alt III or 52.215-5 w/ Alt I will best serve interest of the United States | No | HCA | No | No |
50 | DFARS 225.7501(c) AFFARS 5325.7501(c) | Any time during the acquisition process, determines that not in the public interest to apply the restrictions of the Balance of Payments Program to end product or construction material | No | HCA | No | No |
51 | DFARS 225.7703-2 | Makes written determination that it is in the national security interest of the US to use procedures in 225.7703-1(a) for products or services not limited to use by the military forces, police, or other security personnel of Afghanistan | Yes - SAE | No | No | No |
52 | FARS 26.203(b) AFFARS 5326.203(b) | Determines in writing that transition to local firms is not feasible or practicable (individual or class basis) | No | HCA | No | No |
53 | FAR 27.306(a) | In contracts with small business concerns or nonprofits, approves and signs written justification allowing Government to require licensing to 3rd parties of inventions. May only authorize if (1) Use of the invention by others is necessary for the practice of a subject invention or for the use of a work object of the contract; and (2) Action is necessary to achieve the practical application of the subject invention or work object. | Yes - HoA | No | No | No |
54 | FAR 30.202-6(b) | Authorizes award of a CAS-covered contract w/o obtaining submission of the required disclosure statement | Yes - HoA | No | No | No |
55 | FAR 32.402(c)(1)(iii) AFFARS 5332.402(c)(1)(iii) | Determines, based on written findings, that advance payment is in public interest or facilitates national defense | No | HCA | No | No |
56 | FAR 32.906(a) AFFARS 5332.906(a) | Determines that (1) making invoice and contract financing payments earlier than 7 days prior to the dates specified in the contract is warranted in a specific case; or (2) use of accelerated payment methods described in 5 CFR §1315.5 is necessary | No | HCA | No | No |
57 | FAR 32.1106(b) AFFARS 5332.1106(b) | Authorizes electronic funds transfer (EFT) for a non-domestic transaction if (1) the political, financial, and communications infrastructure in the foreign country supports EFT payment; or (2) payments of other than United States currency may be made safely | No | HCA | No | No |
58 | DFARS 236.270(a) | Certifies that the additional expenditures are necessary to protect the National interest AND establishes a reasonable completion date for the project (Approval to expedite the completion date of a contract funded by a MILCON appropriations act, if additional costs are involved) | Yes - HoA | No | No | No |
59 | FAR 37.113-1(a) AFFARS 5337.113-1(a) | May waive the 31.205-6(g)(6) cost allowability limitations on severance payments to foreign nationals that meet the conditions at 37.113-1(a)(1)-(2) | No | HCA | No | No |
60 | DFARS 243.204-70-5(c) AFFARS 5343.204-70-5(c) | Waives limitations of 243.204-70-2 (price ceiling); 243.204-70-3 (definitization schedule); and 243.204-70-4 (limitations on obligations) if necessary to support cont. ops or humanitarian/peacekeeping op. | No | HCA | No | No |
61 | FAR 44.302(a) AFFARS 5344.302(a) | Raises or lowers the $25 million contractor purchasing system review (CPSR) level if considered to be in the Government's best interest | No | HCA | No | No |
62 | DFARS 245.102(4)(ii)(B) AFFARS 5345.102(4)(ii)(B) | Determines contractor will not be required to tag, label, or mark items that are to be in support of contingency operation or to facilitate defense against/recovery from NBCR attack | No | HCA | No | No |
63 | DFARS 245.102(4)(ii)(C)(1)(i) AFFARS 5345.102(4(ii)(C)(1)(i) | Executes D&F concluding that it is more cost effective for the Government requiring activity to assign, mark, and register the unique item identification after delivery of an item acquired from a small business concern or a commercial item acquired under FAR part 12 or part 8 for ACAT I programs. | No | PEO | No | No |
64 | DFARS 249.501-70(a) AFFARS 5349.501-70(a) | Approves the use of 252.249-7000, Special Termination Costs in incrementally funded contract | No | HCA | No | No |