[Federal Register Volume 74, Number 9 (Wednesday, January 14, 2009)]
[Notices]
[Pages 2272-2274]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-692]



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Part IV





Department of Labor





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 Delegation of Authority and Assignment of Responsibility to the Chief 
Acquisition Officer and Assistant Secretary for Administration and 
Management, and Related Matters; Notice

  Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / 
Notices  

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DEPARTMENT OF LABOR

Office of the Secretary

[Secretary's Order 02-2009]


Delegation of Authority and Assignment of Responsibility to the 
Chief Acquisition Officer and Assistant Secretary for Administration 
and Management, and Related Matters

    1. Purpose and Scope. The purpose of this Secretary's Order is to 
delegate authorities and assign responsibilities for implementation of 
the Services Acquisition Reform Act (SARA) of 2003 and related laws, 
and to specify those authorities and responsibilities of the Chief 
Acquisition Officer (CAO).
    2. Authority. This Order is issued under the authority of 5 U.S.C. 
301 (Departmental Regulations); 29 U.S.C. 551 (Establishment of 
Department; Secretary; Seal); Reorganization Plan No. 6 of 1950 (5 
U.S.C. Appendix); Public Law 101-576, the Chief Financial Officers Act 
of 1990; Title VII of Division B of Public Law 98-369, the Competition 
in Contracting Act of 1984; Public Law 108-199, Division F, Title VI, 
Section 647(b) of the Consolidated Appropriations Act, 2004; the 
Economy Act (31 U.S.C. 1535); Public Law 105-270, the Federal 
Activities Inventory Reform Act of 1998; Public Law 103-355, the 
Federal Acquisition Streamlining Act of 1994; the Federal Grant and 
Cooperative Agreements Act (31 U.S.C. 6301-6308); Title III of the 
Federal Property and Administrative Services Act of 1949 (41 U.S.C. 
251-266a); Public Law 103-62, the Government Performance and Results 
Act of 1993; Public Law 93-400, the Office of Federal Procurement 
Policy Act; Title 40 of the United States Code (Public Buildings, 
Property and Works); Sections 503(a), 504, and 508 of the 
Rehabilitation Act of 1973, as amended (29 U.S.C. 793(a), 794, 794d); 
Section 3 of Public Law 103-141, the Religious Freedom Restoration Act 
(42 U.S.C. 2000bb-1(b)); Public Law 108-136, Division A, Title XIV, the 
Services Acquisition Reform Act; Public Law 85-536, the Small Business 
Act; Executive Order 12615, Performance of Commercial Activities by 
Private Sector (November 19, 1987); Executive Order 12549, Debarment 
and Suspension (February 18, 1986); Executive Order 12689, Debarment 
and Suspension (August 16, 1989); Executive Order 13198, Agency 
Responsibilities with Respect to Faith-Based and Community Initiatives 
(January 29, 2001); the Federal Acquisition Regulations System, 48 CFR 
Chapter 1, parts 1-99; Department of Labor Acquisition Regulation, 48 
CFR Chapter 29, parts 2901-2953.
    3. Background. Section 1421 of SARA (41 U.S.C. 414) amended the 
Office of Federal Procurement Policy Act to create the position of CAO 
and assigned principal responsibility for agency acquisition policy and 
activities to the CAO. Secretary's Order 2-2007 (January 30, 2007) 
formally created the position of CAO within the Department of Labor. 
This Secretary's Order supersedes and cancels Secretary's Order 2-2007, 
and updates the roles and responsibilities of the CAO to delegate 
responsibility for determining whether a recipient of a grant awarded 
or administered by the Office of the CAO is entitled, pursuant to the 
Religious Freedom Restoration Act, to an exemption from a religious 
non-discrimination provision of a statute or regulation enforced by the 
Department.
    4. The Chief Acquisition Officer. The CAO will have acquisition 
management as his or her primary duty. The CAO will report to the 
Secretary, but may receive day-to-day guidance and direction from the 
Deputy Secretary. In addition to the acquisition management 
responsibilities established by SARA, the CAO also will have 
responsibility for overseeing other Department activities as set forth 
below, including the solicitation, award and administration of 
Departmental assistance instruments (grants, cooperative agreements, 
and other assistance instruments).
    5. Assignment of Responsibilities to the CAO.
    A. The CAO will have the following duties, which are assigned to 
the CAO by Section 1421 of SARA (amending Section 16 of the Office of 
Federal Procurement Policy Act, 41 U.S.C. 414):
    (1) Advising and assisting the Secretary on the appropriate 
business strategy to achieve DOL's mission.
    (2) Advising and assisting the Secretary and other DOL officials in 
ensuring that acquisition activities contribute to achieving DOL's 
mission.
    (3) Monitoring and evaluating the performance of DOL acquisition 
programs based on applicable performance measurements.
    (4) Establishing policies, procedures, and practices that increase 
the use of full and open competition in the acquisition of goods and 
services by the executive agency.
    (5) Increasing appropriate use of performance-based contracting and 
performance specifications in DOL acquisition activities.
    (6) Making DOL acquisition decisions, consistent with all 
applicable law, regulations, and policies.
    (7) Establishing clear lines of authority, accountability, and 
responsibility for DOL acquisition decisions.
    (8) Managing the direction of DOL acquisition policy, including 
implementation of DOL's acquisition regulations, policies, and 
standards.
    (9) Developing and maintaining a DOL acquisition career management 
program to ensure that DOL has an adequate professional acquisition 
workforce.
    (10) As part of DOL's strategic planning and performance evaluation 
process:
    (a) Reviewing current requirements for DOL personnel regarding 
knowledge and skill in acquisition resources management and determining 
whether such requirements adequately facilitate the achievement of the 
performance goals established for DOL acquisition management.
    (b) If necessary, developing strategies and specific plans for 
hiring, training, and professional development for DOL acquisition 
personnel.
    (c) Reporting to the Secretary on the progress made in improving 
DOL acquisition management capability.
    (11) Serving on the Chief Acquisition Officers Council.
    B. The CAO will perform any additional duties that are assigned to 
the CAO by applicable law or regulation.
    6. Delegation of Authorities and Assignment of Additional 
Responsibilities to the CAO. Except as otherwise provided by law, 
regulation, or this or another Secretary's Order, the CAO is delegated 
the following authority and assigned the following responsibilities:
    A. Authorities and responsibilities of the Department or Secretary 
under the following laws (including any amendments) and any related 
regulations, executive orders, or OMB circulars or memoranda:
    (1) Title VII of Division B of Public Law 98-369, the Competition 
in Contracting Act of 1984.
    (2) Public Law 108-199, Division F, Title VI, Section 647(b), the 
Consolidated Appropriations Act, 2004 (which requires an annual report 
on competitive sourcing).
    (3) The Economy Act (31 U.S.C. 1535).
    (4) In coordination with the ASAM, Sections 2(d) and (e) of Public 
Law 105-270, the Federal Activities Inventory Reform Act of 1998.
    (5) Public Law 103-355, the Federal Acquisition Streamlining Act of 
1994.
    (6) The Federal Grant and Cooperative Agreements Act (31 U.S.C. 
6301-6308).

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    (7) Title III of the Federal Property and Administrative Services 
Act of 1949 (41 U.S.C. 251-266a).
    (8) Public Law 93-400, the Office of Federal Procurement Policy 
Act, including:
    (a) Designating a Senior Procurement Executive, who will report 
directly to the CAO without intervening authority and who will be 
responsible for:
    (1) Managing the direction of the DOL procurement system, including 
implementation of DOL procurement policies, regulations, and standards.
    (2) Carrying out all powers, functions, and duties of the Secretary 
with respect to implementation of Section 37 of the Office of Federal 
Procurement Policy Act, including the establishment of policies and 
procedures for the effective management (including accession, 
education, training, career development, and performance incentives) of 
the acquisition workforce of the agency.
    (b) Designating for the Department and for each procuring activity 
of the Department one officer or employee (other than the Senior 
Procurement Executive) to serve as a Competition Advocate, who will be 
responsible for promoting full and open competition, promoting the 
acquisition of commercial items, and challenging barriers to such 
acquisition, as well as performing any other responsibilities assigned 
to the Competition Advocate by law, regulation, or policy.
    (c) In consultation with the Office of Federal Procurement Policy 
and the DOL Chief Information Officer (CIO), establishing, maintaining, 
and using, to the maximum extent practicable and cost-effective, 
procedures and processes that employ electronic commerce in the conduct 
and administration of the Department's procurement system.
    (9) Title 40 of the United States Code, Subtitle I, Chapter 11, 
Selection of Architects and Engineers.
    (10) Public Law 108-136, Division A, Title XIV, the Services 
Acquisition Reform Act.
    (11) Executive Orders 12549 and 12689 on Debarment and Suspension.
    (12) Executive Order 12615, Performance of Commercial Activities by 
Private Sector.
    B. Prescribing regulations, policies and procedures regarding the 
solicitation and award of, and overseeing the administration of, all 
Departmental acquisitions and assistance instruments (e.g., procurement 
contracts, cooperative agreements, grants, inter- or intra-agency 
acquisition instruments, and similar documents) that obligate Federal 
funds or resources for the purpose of obtaining goods and services for 
the Department or other Federal agencies, or promoting Departmental 
programs and objectives through financial assistance. Funds paid out of 
the appropriation, ``State Unemployment Insurance and Employment 
Service Operations'' are excluded from this authority.
    C. In coordination with the ASAM, CIO, and Assistant Secretary for 
the Office of Disability Employment Policy (ODEP), establishing and 
ensuring implementation of policies, procedures and practices to ensure 
that all DOL acquisitions and assistance instruments comply with 
Sections 503(a), 504 and 508 of the Rehabilitation Act of 1973 (29 
U.S.C. 793(a), 794, 794d).
    D. Performing any acquisition or procurement responsibilities 
assigned to the ASAM under Secretary's Order 5-94, ``Procurement and 
Use of Environmentally Preferable Products and Services.''
    E. Assisting the CIO on the acquisition of information technology.
    F. Coordinating with the ASAM to ensure that the Department's 
acquisition management processes are integrated into its strategic and 
operational planning processes.
    G. Assisting the Director of the Office of Small Business Programs 
(OSBP) on procurement actions related to OSBP's responsibilities under 
Secretary's Order 4-2002 and on the Department's Annual Acquisition 
Plan and Procurement Forecast.
    H. Assisting the Director of the Center for Faith-Based and 
Community Initiatives (CFBCI) on acquisition or assistance actions 
related to CFBCI's responsibilities under Executive Order 13198 or 
similar authority.
    I. Coordinating with the Chief Financial Officer (CFO):
    (1) To ensure that the Department's internal management controls 
relating to the CAO's responsibilities are consistent with all laws, 
regulations, OMB guidance, and policies governing DOL management 
control processes, including Secretary's Order 14-2006, Internal 
Control Program (dated June 20, 2006).
    (2) To ensure that the CFO is informed on a timely basis of all 
management control issues arising within the scope of the CAO's 
functions.
    (3) On the acquisition of financial management systems and asset 
management systems throughout the Department.
    J. Establishing and overseeing an advisory board (the current 
Procurement Review Board or equivalent), which will address significant 
acquisition and assistance issues, as determined by the CAO.
    K. Maintaining and publishing, in a prominent manner, a list of DOL 
contracting and grant officers which also identifies the limits on 
these officers' authority.
    L. Determining whether a recipient of a grant awarded or 
administered by the Office of the CAO is entitled, pursuant to the 
Religious Freedom Restoration Act, to an exemption from a religious 
non-discrimination provision of a statute or regulation applied and/or 
enforced by the Department.
    M. Performing any other related duties that are assigned by the 
Secretary.
    7. Responsibilities of the Director of the Office of Small Business 
Programs. The OSBP Director is responsible for coordinating, as 
necessary, with the CAO on procurement actions related to OSBP's 
responsibilities under Secretary's Order 4-2002 and on the Department's 
Annual Acquisition Plan and Procurement Forecast.
    8. Responsibilities of the Director of the Center for Faith-Based 
and Community Initiatives. The CFBCI Director is responsible for 
coordinating, as necessary, with the CAO on acquisition or assistance 
actions related to CFBCI's responsibilities under Executive Order 13198 
or similar authority.
    9. Responsibilities of the Assistant Secretary for the Office of 
Disability Employment Policy. The Assistant Secretary for ODEP is 
responsible for coordinating with the CAO, ASAM, and CIO to establish 
policies, procedures and practices ensuring that all DOL acquisitions 
and assistance instruments comply with Sections 503(a), 504 and 508 of 
the Rehabilitation Act of 1973.
    10. Responsibilities of the Solicitor of Labor. The Solicitor of 
Labor is delegated authority and assigned responsibility for providing 
legal advice and assistance to all officers of the Department relating 
to the administration and implementation of this Order. The bringing of 
legal proceedings, the representation of the Secretary and other 
officials of the Department, and the determination of whether such 
proceedings or representations are appropriate in a given case, are 
delegated exclusively to the Solicitor.
    11. Responsibilities of the Chief Information Officer. The CIO is 
responsible for:
    A. Consulting with the CAO on the establishment, maintenance, and 
use (to the maximum extent that is practicable and cost-effective) of 
procedures and processes employing electronic commerce in the conduct 
and

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administration of the Department's procurement system.
    B. Coordinating with the CAO on the acquisition of information 
technology.
    C. Coordinating with the CAO, ASAM, and Assistant Secretary for 
ODEP to establish policies, procedures and practices ensuring that all 
DOL acquisitions of information technology are consistent with Sections 
503(a), 504 and 508 of the Rehabilitation Act of 1973 (29 U.S.C. 791, 
794, 794d).
    12. Responsibilities of the Assistant Secretary for Administration 
and Management. The ASAM is responsible for:
    A. Overseeing the Department's compliance with the Government 
Performance and Results Act, including coordinating with the CAO to 
ensure that the Department's acquisition management processes are 
integrated into its strategic and operational planning processes.
    B. Exercising the Secretary's authority under Section 1413 of SARA 
(41 U.S.C. 433 note) to determine that certain acquisition positions 
are shortage category positions in order to use the authorities in 5 
U.S.C. 3304, 5333 and 5753 to recruit and appoint highly qualified 
persons directly to such positions in the Department.
    C. Coordinating with the CAO and other agency heads, as 
appropriate, to fulfill the Department's responsibilities under the 
Federal Activities Inventory Reform Act of 1998.
    D. Coordinating with the CAO, CIO and Assistant Secretary for ODEP 
to establish policies, procedures and practices ensuring that all DOL 
acquisitions and assistance comply with Sections 503(a), 504 and 508 of 
the Rehabilitation Act of 1973 (29 U.S.C. 791, 794, 794d).
    13. Responsibilities of the Chief Financial Officer. The CFO is 
responsible for coordinating with the CAO:
    A. To ensure that the Department's internal management controls 
relating to the CAO's responsibilities are consistent with all laws, 
regulations, OMB guidance, and policies governing DOL management 
control processes, including Secretary's Order 14-2006, Internal 
Control Program (dated June 20, 2006).
    B. To ensure that the CFO is informed on a timely basis of all 
management control issues arising within the scope of the CAO's 
functions.
    C. On the acquisition of financial management systems and asset 
management systems throughout the Department.
    14. Responsibilities of Agency Heads. Consistent with their 
statutory responsibilities and other applicable Secretary's Orders and 
guidelines, all DOL Agency Heads are assigned responsibility for 
ensuring compliance by their organizations with the laws identified in 
Paragraph 6.A. above, as well as related regulations, and DOL and OMB 
guidance and policies.
    15. Directives Affected:
    A. Secretary's Order 2-2007 is superseded and cancelled. All 
Secretary's Orders and other DOL documents (including policies and 
guidance) which reference Secretary's Orders 2-2007 or 4-76 are amended 
to refer to this Order instead. Delegations or transfers of authority 
made by the ASAM under Secretary's Order 4-76 will continue in effect 
unless modified or terminated by the CAO.
    B. This Order does not affect the authorities or responsibilities 
of the Assistant Secretary for Public Affairs under Secretary's Order 
8-2006, relating to the review of audio-visual work done under 
contract, to assure compliance with appropriate contract terms and 
achievement of minimum acceptable quality.
    C. This Order does not affect the authorities and responsibilities 
assigned by any other Secretary's Order, unless otherwise expressly so 
provided in this or another Order.
    D. This Order does not affect the authorities or responsibilities 
of the Office of Inspector General (OIG) under the Inspector General 
Act of 1978, as amended, or under Secretary's Order 4-2006.
    E. This Order does not affect the authorities or responsibilities 
of the Chief Financial Officer under the CFO Act, Secretary's Order 14-
2006, Secretary's Order 1-92, or Secretary's Order 1-97.
    F. This Order amends Secretary's Order 5-94 to shift acquisition 
and procurement responsibilities relating to environmentally preferable 
products and services from the ASAM to the CAO.
    G. This Order does not affect Secretary's Order 1-2001, which 
delegates authorities and assigns responsibilities to the Assistant 
Secretary for the Office of Disability Employment Policy.
    H. This Order does not affect Secretary's Order 1-2008, which 
delegates authorities and assigns responsibilities to the Assistant 
Secretary for Employment Standards and Other Officials in the 
Employment Standards Administration.
    I. This Order amends Secretary's Order 4-2002 (which assigns 
responsibilities and delegates duties related to small businesses) to 
shift certain procurement responsibilities from the ASAM to the CAO, 
but does not otherwise affect the responsibilities delegated in that 
Order.
    J. This Order does not affect Secretary's Order 5-2007 which, inter 
alia, provides grantmaking authority to the Commissioner of Labor 
Statistics under the Occupational Safety and Health Act.
    K. This Order amends Secretary's Order 3-2003 (which assigns 
responsibilities and delegates duties to the CIO) to shift certain 
procurement responsibilities from the ASAM to the CAO, but does not 
otherwise affect the responsibilities delegated in that Order.
    L. This Order does not affect Secretary's Order 1-2004 which 
delegates authorities and assigns responsibilities for DOL's Internal 
Equal Employment Opportunity Programs.
    M. This Order does not affect the authority delegated by the 
Secretary to the Employment and Training Administration under section 
173 of the Workforce Investment Act to administer dislocated worker 
programs, including national emergency grants.
    16. Reservation of Authority. The following functions are reserved 
to the Secretary:
    A. No delegation of authority or assignment of responsibility under 
this Order will be deemed to affect the Secretary's authority to 
continue to exercise or further delegate such authority or 
responsibility.
    B. The submission of reports and recommendations to the President 
and Congress concerning the administration of the statutory provisions 
and executive orders listed above is reserved to the Secretary.
    17. Redelegations and Transfers of Authority. Unless provided 
otherwise in this or another Secretary's Order, the authority delegated 
in this Order may be redelegated or transferred, as permitted by law or 
regulation.
    18. Effective Date. This Order is effective immediately.

     Dated: January 9, 2009.
Elaine L. Chao,
Secretary of Labor.
 [FR Doc. E9-692 Filed 1-13-09; 8:45 am]
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