PART W BR 1401
RECLAMATION ACQUISITION REGULATIONS SYSTEM
SUBPART WBR 1401.3 -- AGENCY ACQUISITION REGULATIONS
WBR 1401.301 Policy.
WBR 1401.303 Publication and codification.
WBR 1401.303-80 Arrangement
of Reclamation acquisition regulations.
WBR 1401.304 Agency control and compliance
procedures .
WBR
1401.370 Interior Acquisition Regulation Council.
SUBPART WBR 1401.4 -- DEVIATIONS FROM THE RAR
WBR 1401.480 Individual and class deviations from the RAR.
SUBPART WBR 1401.6 -- CAREER DEVELOPMENT, CONTRACTING AUTHORITY, AND RESPONSIBILITIES
WBR 1401.601 General.
WBR 1401.602 Contracting officers.
WBR 1401.602-1 Authority.
WBR 1401.602-3 Ratification
of unauthorized commitments.
WBR
1401.603 Selection, appointment, and termination of appointment.
WBR 1401.603-1 General.
WBR 1401.603-3 Appointment.
WBR 1401.603-4 Termination
WBR 1401.670 Appointment
and termination of appointment of contracting officers' representatives.
WBR 1401.670-2
COR Certification Programs.
WBR
1401.670-4 Appointment.
WBR
1401.670-80 Appointment memoranda.
WBR
1401.670-81 Reclamation contract clauses.
SUBPART WBR 1401.70 -- ACQUISITION REVIEWS
WBR 1401.7000 Scope of section.
WBR 1401.7001-3 Administrative
review and approval by bureaus and offices.
WBR 1401.7001-4 Acquisition performance measurement
systems.
WBR 1401.7080
Distribution of informational copies.
WBR 1401.7081 Internal and external audits.
WBR 1401.7081-1
Policy.
WBR 1401.7081-2
Definitions.
WBR
1401.7081-3 Responses to audit reports.
WBR 1401.7081-4 Followups to audit reports.
SUBPART WBR 1401.80 -- ACQUISITION INITIATION
WBR 1401.8000 General
WBR 1401.8001 Responsibilities.
(a) The Bureau of Reclamation implements and supplements the Federal Acquisition Regulation (FAR) and the Department of the Interior Acquisition Regulation (DIAR) through the Reclamation Acquisition Regulation (RAR) System.
(b) The RAR is issued pursuant to the authority delegated under Part 255, Chapter 3.1 of the Departmental Manual (255 DM 3.1) and the Reclamation Manual (RCD 03-01).
(c)
(1) Except as provided in subparagraph (c)(2) below, all RAR revisions are issued for comment prior to issuance.
(2) When statutory implementation dates preclude sufficient time for comment, interim procedures shall be issued with a concurrent request for comments.
WBR 1401.303 Publication and codification.
WBR 1401.303-80 Arrangement of Reclamation acquisition regulations.
(a) Numbering.
(1) RAR System issuances conform to the numbering conventions contained in FAR 1.105-2.
(2) Supplementary coverage for which there is no counterpart in the FAR or DIAR is identified using part, subpart, section, or subsection numbers of 80 and up (e.g., WBR 1401.303-80). Coverage which is unique to Reclamation (i.e., is not the result of a higher-level regulatory requirement) is identified by underlining the text, except for text in Part WBR 1452 and 1453.
(3) Solicitation provisions and contract clauses issued for local use shall be identified in accordance with 1452.103-80.
(b) Citations. Pursuant to the DIAR, citations of issuances under the RAR use the prefix "WBR" followed by the number designated in accordance with paragraph (a) above.
WBR 1401.304 Agency control and compliance procedures.
(a) The BPC is responsible for --
(1) Development and maintenance of the RAR System;
(2) Ensuring that periodic reviews are conducted of the RAR System to control and limit issuances and ensure compliance with FAR Part 1 and DIAR Part 1401.
(b) The CCO is responsible for issuance of any local procedures necessary to implement or supplement higher level acquisition issuances.
WBR 1401.370 Interior Acquisition Regulation Council. The BPC is the Reclamation member of the Interior Acquisition Regulation Council (IARC).
WBR 1401.480 Individual and class deviations from the RAR.
(a) The BPC is authorized to approve any deviations from the RAR.
(b) Requests shall be submitted by the CCO and shall include a justification for the deviation and the impact if it is not granted. For class deviations, the justification shall indicate an estimate of the contract actions affected.
(c) The justification and the approval shall be included or referenced in each applicable contract file.
The Secretary's authority and responsibility to contract for supplies and services has been redelegated to the Assistant Secretary - Water and Science in Part 205, Chapter 11.1 of the Departmental Manual (205 DM 11.1). This authority has been further redelegated to the Commissioner in Part 255, Chapter 3.1H of the Departmental Manual (255 DM 3.1H). Pursuant to DIAR 1401.601 (c) and Subpart 1402.1 , the Director, Management Services, D-7000, is the HCA for Reclamation and may redelegate contracting authority in accordance with the procedures in WBR 1401.603.
WBR 1401.602 Contracting officers.
WBR 1401.602-1 Authority. To comply with the information requirements of DIAR 1401.602-1 --
(a) AAMD shall maintain a database containing information on CO appointments; and
(b) The CCO shall ensure that records are maintained which identify --
(1) Each CO in the contracting office holding a permanent or interim certificate of appointment (certificate);
(2) The amount and limitation of the certificate; and
(3) The maintenance training obtained by each CO for each fiscal year.
WBR 1401.602-3 Ratification of unauthorized commitments.
(a) Notification. Upon receipt of information regarding an unauthorized commitment made by a Reclamation employee, the CCO shall --
(1) Confirm the commitment with the employee;
(2) Provide written notice of the action to the employee's supervisor, and any other party deemed appropriate; and
(3) Request that a statement of facts be prepared in accordance with paragraph (b) below.
(b) Statement of facts.
(1) Upon receipt of a request under subparagraph (a)(3) above, the initiating office shall prepare a written statement of facts which shall be signed by the employee and the employee's supervisor. The statement shall include, as a minimum, the following information:
(i) The name, title, office location, and telephone number of the employee who made the unauthorized commitment;
(ii) A detailed summary which demonstrates compliance with FAR 1.602-3(c)(1) through (c)(3) and FAR 1.602-3(c)(6);
(iii)
(A) A list of the acquisition sources solicited, if any, and the rationale for the source selected; or
(B) A justification for the absence of competition in accordance with FAR 1.601(a)(4) ;
(iv) Identification of any previous unauthorized commitments made by the employee;
(v) Action taken to prevent a recurrence of the commitment; and
(vi) A copy of all relevant documents and records pertaining to the commitmen t.
(2) The signed statement of facts shall be forwarded to the CCO for action under paragraph (c) below.
(c) Contracting officer action. Upon receipt of the statement of facts prepared in accordance with paragraph (b) above, the CCO shall be responsible for preparation of a determination and findings to support a ratification decision under paragraph (d) below.
(1) If ratification is recommended --
(i) A determination and findings shall be prepared to document full compliance with the limitations contained in FAR 1.602-3(c) and shall include --
(A) A determination of price reasonableness and payment;
(B) A statement as to whether the action proposed for ratification resulted from a CO exceeding the limitations specified in the CO's certificate of appointment; and
(C) Reasons for the CO exceeding the limitations, if applicable;
(ii) A bilateral contract document (or, if appropriate, a purchase order signed by both parties) shall be prepared and shall contain the following statement in a prominent location: "This action involves an unauthorized commitment which has been ratified pursuant to FAR 1.602-3 ;" and
(iii) Legal review of the documents in subparagraphs (c)(l)(I) and (c)(l)(ii) shall be obtained from the Office of the Solicitor for commitments in excess the micropurchase threshold pursuant to DIAPR 2001-3.
(2) If ratification is not recommended, a determination and findings shall be prepared to support such position. Advice shall be obtained from the Office of the Solicitor regarding possible resolution of the matter as a claim to the General Accounting Office under FAR 1.602-3(d).
(3) The determination and findings shall be prepared in accordance with subparagraph (c)(l) or (c)(2) above, signed by the CO and submitted for approval under paragraph (d) below. The statement of facts prescribed by subparagraph (b), and the contractual document prepared in accordance with subparagraph (c)(1)(ii) above shall also be sbmitted for approval.
(d) Approvals.
(1) Except as provided in subparagraph (d)(2) below, CCO's are authorized to ratify unauthorized commitments pursuant to FAR 1.602-3(b) (2) and DIAR 1401.602-3 . If a CCO does not hold a certificate of appointment to cover the commitment amount, the HCA shall approve the ratification.
(2) Unauthorized commitments which result from a CO exceeding the limitations of the certificate of appointment shall be ratified by the HCA. In reviewing the circumstances involving the commitment, the HCA shall determine what, if any, revisions shall be made to the certificate of appointment.
(e) Payment.
(1) In cases where an invoice has been received for an unauthorized commitment which has not been approved under paragraph (d) above, the invoice shall be considered as an improper invoice and shall be returned within 7 calendar days with the notification required by FAR 32.905(e ). The notification shall indicate that the invoice involves an unauthorized commitment requiring ratification and if ratified, a contract document (or purchase order) will be transmitted for signature and an invoice for payment may then be resubmitted.
(2) If the commitment is not ratified, advice shall be obtained from the Office of the Solicitor regarding notification for possible submission of a claim to the General Accounting Office under FAR 1.602-3 (d ).
WBR 1401.603 Selection, appointment, and termination of appointment.
(a) Pursuant to DIAR 1401.603-1 , the BPC is authorized to appoint CO's and terminate their appointments in accordance with the Department of the Interior Contracting Officers' Warrant System (COWS) Manual. Requests for appointment, deviations, terminations of appointment, or other information on the COWS shall be submitted to AAMD, D-7800, for action in accordance with WBR 1401.603-3.
(a) Nomination. The CCO is responsible for nominating individuals for contracting officer appointments. As required by FAR 1.603-2, the nomination request shall document ability to comply with the standards contained in the COWS Manual and shall be submitted using the Contracting Officer Warrant Application Format, Qualifications Data History.
(b) Interim certificates.
(1) Interim certificates of appointment , as prescribed in the COWS Manual, may be issued for Level III and IV CO's only when there is no existing Level III or IV contracting officer on site or when necessary to carry out Reclamation's mission.
(2) When an interim certificate is requested, the CCO is responsible for ensuring that --
(i) The training needed to qualify the individual for a permanent
certificate is funded and scheduled prior to the request for an
interim appointment; and
(ii)
A fully documented request for converting an interim certificate
to a permanent certificate is promptly submitted to AAMD when
the minimum qualifications have been met.
(c) Maintaining a certificate.
(1) CO's who have been issued permanent certificates of appointment are required to complete continuing education, as prescribed in the COWS Manual. The CCO is responsible for ensuring that the training needed for maintaining permanent certificates is completed in a timely manner.
(a) Termination by the CCO.
(1) Pursuant to paragraph VIII.A. of the COWS Manual, authority is delegated to the CCO to terminate appointments for administrative reasons.
(2) The CCO shall furnish a copy of each termination of appointment to AAMD, D-7800, for the updating of the records under WBR1401.602-1 (a).
(b) Termination by the BPC. Terminations other than those permitted by paragraph (a) above shall be made by the BPC pursuant to DIAR 1401.603-1 and paragraph VIII.B. of the COWS Manual. The CCO shall provide prompt notification to the BPC whenever a CO appointment should be terminated. This requirement does not apply to appointments automatically terminated by expiration of an interim certificate.
WBR 1401.670 Appointment and termination of appointment of contracting officers' representatives.
WBR 1401.670-2 COR Certification Programs.
(a) CCOs shall ensure that any proposed COR/COTR, including
those requested by a non-DOI department/agency (requiring agency)
requesting Reclamation to function as the assisting agency for
acquisition services, has satisfied the DIAR 1401.670-3 certification
for eligibility requirements prior to receiving the designated
COR authority. Therefore, contracting offices are responsible
for keeping a record of who has taken the training required by
DIAR 1401.670-3 and when.
(b) A requiring agency's COR/COTR policy may be used in lieu of
DIAR 1401.670, if requested as part of its agreement with the
assisting agency (Reclamation).
WBR 1401.670-4
Appointment.
(a) Level III and IV CO's are authorized, within the limits and scope of their own nondelegable authority, to appoint and terminate the appointment of --
(1) CO' representatives (COR's); and
(2) Technical approval officers (TAO's), personnel who approve or disapprove drawings and other submittals delivered under a contract. Such appointments may be made by position rather than by designated individual without violation of DIAR 1401.670-1 since TAO's serve as aides to the COR.
(b) Appointments shall be made in accordance with the requirements of WBR 1401.670-80 . A copy of the appointment memorandum shall be furnished to, and acknowledged by, the contractor as required by DIAR 1401.670-4. An additional copy of the appointment may be furnished to the COR's supervisor for information purposes.
(c) Pursuant to DIAR 1401.670 , only employees who have completed the required COR training and who are COR certified are eligible to serve as CORs.
WBR 1401.670-80 Appointment memoranda.
(a) For delegation of authority to a COR, the contracting officer shall use a format substantially the same as the format illustrated in WBR 1453.303-1401-1, Contracting Officer's Representative (With Warrant) Memorandum.
(c) The CO shall appoint TAO's using a format substantially the same as the format illustrated in WBR 1453.303-1401-3, Technical Approval Officer's Memorandum.
(d) Application of the requesting agency's COR/COTR policy must be noted by the Contracting Officer in the memorandum of appointment required by DIAR 1401.670-4. (See DIAPR 2005-03)
WBR 1401.670-81 Reclamation contract clause.
The CO shall insert the clause at WBR 1452.201-80, Authorities and Limitations -- Bureau of Reclamation in all solicitations and contracts, except for acquisition of commercial items and services - FAR Part 12.
WBR 1401.7000 Scope of section . This section contains criteria for legal review of acquisition actions as required by DIAR 1401.7000 .
WBR 1401.7001-3 Administrative review and approval by bureaus and offices.
(a) Prior review or approval by the Head of the Contracting Activity (HCA). This paragraph prescribes policies and procedures for obtaining approvals by the HCA and reviews by the HCA prior to submission to other offices for approval (e.g., Department of the Interior).
(1) Stage of review or approval. Except for legal sufficiency reviews, all other reviews or approvals, (e.g., independent reviews) shall be obtained prior to any submittal to the HCA. For expediency, legal sufficiency reviews may be requested concurrently with requests for HCA approval.
(2) Information required for review or approval.
(i) Transmittal memoranda. The memorandum transmitting the request for review or approval shall identify the action, the supporting documents provided, and any special circumstances relating to the action which need to be taken into consideration.
(ii) Documents. Submission of requests for review or approval shall contain the documents or information required by the regulation prescribing the review or approval. Any proprietary information or source selection information to be submitted shall be marked and protected in accordance with FAR 3.104-5.
(3) Review or approval process.
(i) Requests for review or approval by the HCA shall be addressed to Director, Management Services, Attention: D-7800.
(ii) Upon completion of the approval process, the initiating office will be informed by the HCA, in writing, of final approval or disapproval of the action.
(b) Prior approval by Acquisition and Assistance Management Division (AAMD). As required by DIAR 1401.7001-3 this paragraph provides policies and procedures for review and approval of significant acquisition actions by AAMD, D-7800, in order to ensure that sound business practices are being used; actions are in compliance with applicable laws, executive orders, and acquisition regulations; actions serve the Government's best interest; and actions meet the requirements of OMB Circular A-123, Management Accountability and Control and Executive Order 12931, Federal Procurement Reform.
(1) Stage of approval. Written requests for
review shall be transmitted, and approval obtained, prior to taking
any of the actions listed in WBR 1401.7001-3(b)(2)
. For expediency, legal sufficiency reviews may be requested
concurrently with requests for approval under paragraph (a) above.
All other reviews or approvals (e.g., independent reviews) which
are required shall be obtained prior to request for AAMD approval.
(2) Actions requiring approval.
(i) Reprsentative sample. In recognition of acquisition office workload variance, each Regional acquisition office (including the RSC ) shall negotiate an annual review agreement with AAMD, D-7800, no later than August 31 of each year, which establishes office-specific review thresholds for each type of action listed in WBR 1401.7001- 3(b)(2)(ii)(A) through (F) and H. The review threshold for (G) is the same for all offices.
(ii) Dollar amounts. For purposes of approval under this paragraph, the dollar amount of an action shall include--
(A) All option amounts;
(B) For requirements contracts, the estimated total contract amount corresponding to the total quantity required by FAR 16.503(a)(1) ; and
(C) For indefinite-delivery contracts, the total amount which corresponds with the stated maximum quantity required by FAR 16.504(a)(1).
(iii) Approval requirements. The following actions require prior AAMD approval --
(A) For contracts to be awarded pursuant to FAR Part 12 (irrespective
of the procedure used), executing the action when the contract
amount exceeds the acquisition office threshold.
(B) For contracts to be awarded pursuant to FAR
Part 14, executing the action when the contract amount exceeds
the acquisition office threshold.
(C) For contracts to be awarded without discussions pursuant to FAR Subpart 15.3, executing the action when the contract amount exceeds the acquisition office threshold.
(D) For contracts to be awarded after
negotiations pursuant to FAR Subpart 6.1, 6.2, or 6.3, entering
into negotiations when the prenegotiation objective exceeds the
acquisition office threshold;
(E)
For construction contracts (see 25
CFR 900.110 through 900.137 ) awarded pursuant to the Indian
Self-Determination and Education Assistance Act, as amended, 25
U.S.C. 450 et seq., entering into negotiations when the prenegotiation
objective for a contract exceeds the acquisition office threshold
(for other than construction transactions with Indian Tribes requiring
approval, see RM ACM 01-01 of the Reclamation Manual); or
(F) For contract modifications,
entering into negotiations when the prenegotiation objective will
result in a price adjustment expected to exceed the acquisition
office threshold. Price adjustment amounts shall consider both
increases and decreases as explained in FAR
15.403-4((a)(1)(iii).
(G) Solicitations for services equal to or greater than $100,000. A detailed justification for not utilizing the Performance-Based Service Contract (PBS) format (meeting the standards set forth in FAR 37.601) for any proposed requirement for services expected to exceed $100,000 is required to be submitted to D-7800 for review and approval, or
(H) For orders to be awarded under multiple award contracts pursuant to FAR 16.505(b) , executing the action when the award amount exceeds the acquisition office threshold.
(3) Information required for approval.
(i) General. Requests for approval shall include, as a minimum, the information set forth in this paragraph , if pertinent to the action, and shall be forwarded to the AAMD in sufficient time to allow at least five working days from receipt for review and approval.
(ii) Transmittal memoranda. The memorandum transmitting the request for approval shall identify the action submitted, the supporting documents provided, and any peculiar or extraordinary circumstances relating to the action which needs to be taken into consideration.
(iii) Documents. Documents submitted for review will be retained by the AAMD for record purposes. Any proprietary information or source selection information shall be marked and protected in accordance with FAR 3.104-5. The following documents, if pertinent to the action, shall be submitted with the request for approval:
(A) Justification for other than full and open competition.
(B) Undefinitized modification.
(C) Solicitation with all amendments and record of any independent review.
(D) Government cost estimate.
(E) Option justification.
(F) Proposal or claim.
(G) Proposal evaluation reports (e.g., technical evaluation, technical analysis; cost and/or price analysis).
(H) Audit or waiver.
(I) Fair market price estimate for Section 8(a) contract awards under FAR Subpart 19.8.
(J) Determination of competitive range.
(K) Calculation of profit/fee objectives.
(L) Prenegotiation memorandum and any record of independent review.
(M) Proposed modification.
(N) For sealed bids, documentation for awarding as required by FAR 14.408-7
(4) Approval process. Upon completion of the review process, the initiating office will be informed by AAMD, in writing, of approval or disapproval of the action. Disagreements that cannot be reconciled by the CO and the AAMD procurement analyst reviewer must be resolved by the BPC. If AAMD gives conditional approval, requiring the CO to take corrective action within a specified period of time, the CCO shall ensure that corrective actions are accomplished within the time prescribed. Copies of all conditional approvals shall be furnished to the Director of Policy, Management and Technical Services (W-2000)
(c) Independent review at the contracting office. In accordance with DIAR 1401.7001-3 , this paragraph prescribes policies and procedures for independent review of a representative sample of proposed acquisition actions.
(1) Authority. In order to provide maximum flexibility, the CCO is authorized to establish written procedures for independent reviews. Copies of the written procedures and any subsequent modifications shall be furnished to AAMD, D-7800, for approval. Procedures shall be reviewed at least every two years with appropriate notification provided to AAMD, D-7800
(2) Content. Procedures for independent review shall, as a minimum, include the following policies:
(i) The requirement for the review to be performed prior to taking a specified action.
(ii) The requirement for a representative sample of all acquisition actions to be reviewed (including dollar thresholds, stage of review, and types of contract actions).
(iii) Review procedures when an action is both prepared and signed by the same CO.
(iv) Designation of an individual independent reviewer, an independent review board, or a combination thereof, to perform the review. When the independent review is conducted by an individual, the reviewer shall be an acquisition professional. When the independent review is conducted by a Board, at least one member shall be an acquisition professional.
(v) Individual reviewer (or review board member) procedures that require the individual reviewer be other than the preparer of the acquisition action.
(3) Forms. The independent review shall be documented using a format substantially the same as the Record of Independent Review format (illustrated in WBR 1453.303-1401-5 ).
(i) Independent reviewer action. The form shall be signed and dated by the reviewer and returned with the action file to the preparer.
(ii) Preparer action. The preparer shall review the recommendations, annotate the review form with a response to each recommendation including concurrence or nonconcurrence and the basis therefor, and comply with the concurred recommendations. If the preparer does not concur with a recommendation, the review form and the proposed action file shall be forwarded to the contracting officer for disposition under subparagraph (c)(2)(iii).
(iii) Contracting officer action. The CO shall review the recommendations made by the reviewer and the preparer's response(s), and resolve any disagreements.
(iv) Record of independent review. The annotated review form including documentation of the resolution of any disagreements pursuant to subparagraph (c)(2)(iii) shall be made a part of the contract file. A copy of the form shall be returned to the reviewer.
WBR 1401.7001-4 Acquisition performance measurement systems.
(a) Scope of section. This section prescribes general policies
and procedures for the conduct of onsite acquisition and assistance
management reviews (AAMRs) at Reclamation contracting offices
and other offices executing and administering financial assistance
actions.
(b) Policy. AAMRs
of major and subordinate acquisition offices will be conducted
as directed by PAM.
(c) Responsibility.
The Acquisition and Assistance Management Division (AAMD), D7800,
is responsible for conducting AAMRs of Reclamation's major acquisition
and assistance offices. CCOs are responsible for conducting AAMRs
of subordinate offices.
(d)
Subject areas to be reviewed. The acquisition subject areas to
be reviewed in AAMRs are delineated in DOI's AAMR Handbook.
(e) AAMR reports. Reports shall
be prepared and submitted in accordance with guidelines established
by PAM.
WBR 1401.7080 Distribution of informational copies. An informational copy of each of the following acquisition documents shall be forwarded to AAMD, D-7800:
(a) AAMR reports submitted pursuant to WBR 1401. 7001-4 ;
(b) Audit report responses submitted pursuant to WBR 1401.7081-3 ;
(c) Administrative determinations made pursuant to DIAR
1414.406-3(c) .
(d) BUDS
appointments;
(e) Approved
subcontracting plans submitted under FAR
19.702 or the determination required by FAR
19.705-2(c). (See
WBR 1419.705-2(b) );
(f) Subcontracting Reports for
Individual Contracts, Standard Form 294, submitted pursuant to
WBR 1419.705-6(j) .
(g) Subcontracting program review
reports submitted pursuant to WBR
1419.705-6(k) .
(h) Liquidated
damages determinations submitted pursuant to WBR
1419.705-7 .
(i) Protest reports submitted pursuant to WBR
1433.104 ;
(j) Construction
contractor performance evaluation reports (SF 1420). (See DIAR 1436.201 (c));
and
(k) Architect-engineer
performance evaluation reports (SF 1421). (See DIAR
1436.604 (c)).
(l) Contractor
performance evaluation reports (other than construction and architect-engineer
services, which are covered separately above). Annual and/or final
evaluation reports shall be submitted simultaneously to D-7800
and the contractor.
(m) Local directives and guidelines as soon as they are issued.
(n) Final negotiation memoranda if prenegotiation objectives were approved under WBR 1401.7001-3(b)(2)(iii)(D) through (F).
(o) Final negotiation memoranda if prenegotiation objectives were approved under WBR 1401.7001-3(b)(2)(iii)(A) through (C) and (H).
WBR 1401.7081 Internal and external audits.
This section prescribes policies and procedures for compliance with audit management guidelines under management of the Director, Program Analysis Office (D-5000), pursuant to the requirements of Part 360, Department Manual, Chapters 1-6, and Part 361, Departmental Manual, Chapters 1 and 2 (360 DM 1-6 and 361 DM 1 and 2).
(a) "Internal audit," as used in this section, means an audit of a Reclamation acquisition program, function, or activity.
(b) "External audit," as used in this section, means a preaward audit, an equitable adjustment proposal audit, an audit of a claim, a final indirect cost proposal audit, or a termination settlement proposal audit of a Reclamation contractor or lessee.
WBR 1401.7081-3 Responses to audit reports.
(a) Internal audits.
(1) Responsibility. The Program Analysis Office (PAO), (D-5000), will assign the lead responsibility for responding to an internal audit report and provide any additional instructions which may be necessary.
(2) Response dates. Responses to draft and final audit reports are due to D-5000 on the date assigned in the transmittal memorandum.
(3) Content. Responses to final audit reports shall contain the information required by 360 DM 5.3F for each finding and recommendation. Any response to a recommendation which will impact Reclamation's acquisition policies or procedures shall first be coordinated with the AAMD, (D-7800).
(b) External audits.
(1) Response dates. Responses to external audit reports are due within 90 days after the date of the report unless another date is requested in the report transmittal memorandum. If final action cannot be completed by the requested response date, the contracting officer shall furnish a written status report to the cognizant Office of Inspector General organizational element specified in the transmittal memorandum. A copy of the status report shall also be sent to the AAMD, (D-7800). Unresolved questions regarding a recommendation shall be processed in accordance with DIAR 1415.805-5 (g),
(2) Content. Pursuant to FAR 15.406-3 and DIAR 1415.808-70 (c)(7), the price negotiation memorandum required or, if applicable, the settlement negotiation memorandum (see FAR 49.110(a)), shall discuss disposition of each recommendation (including any reasons for variances from the recommendation) made in a field pricing report requested under --
(i) FAR 15.404-2 for a preaward audit, an equitable adjustment proposal audit, or an audit of a contractor claim;
(ii) FAR 42.705 for a final indirect cost proposal audit; or
(iii) FAR 49.107 for a termination settlement proposal audit of a Reclamation contractor or lessee.
(3) Distribution.
(i) As required by FAR 15.406-3, a copy of each approved price negotia tion memorandum (WBR 1415.406-3) , contracting officer's final decision (DIAR 1433.211) , or termination settlement negotiation memorandum (WBR 1449.107 ), involving audit recommendations in subparagraph (b)(2) above shall be sent to the cognizant audit office with a copy forwarded to --(A) The Office of the Inspector General, Director of Audit Followup and Quality Assurance; and (B) The AAMD, (D-7800).
(ii) Additional guidance on distribution is provided in 360 DM 5.3G.
WBR 1401.7081-4 Followups to audit reports.
(a) Policy. Policies and procedures for audit followups are contained in 361 DM 1 and 2.
(b) Responsibility. D-5000 serves as the Audit Liaison Officer (ALO) for Reclamation and is the
single point of contact for all activities pertaining to audit followup.
(c) Internal audits.
(1) Status reports on resolved audit recommendations shall be submitted to D-5000 on a quarterly basis in accordance with instructions provided by D-5000.
(2) Unresolved audit recommendations are referred by the Office of the Inspector General to the Departmental Audit Coordination Official for resolution in accordance with the procedures in chapter 361 DM 1.5D(1).
(d) External audits. External audit reports, except those for preaward audits, are referred by the Office of the Inspector General to the Departmental Audit Coordination Official for resolution when the audit response has not been received within 120 days. To meet the information requirements of 361 DM 1.5C(4) and (5), followup reports on referred audit reports shall be in the format illustrated in WBR 1453.303-1401-4, Status of Audit Requests/Claims Settlement, and submitted to the AAMD, (D-7800), for submission to the ALO by the last day of each fiscal year quarter.
(a) Department of the Interior Form DI-1, Requisition, or electronic equivalent, shall be used for initiating acquisition transactions by acquisition offices. Reclamation form 7-702, Requisition, may continue to be used until IDEAS is implemented.
(b) In accordance with the Reclamation Purchase Card Handbook, acquisitions made by individuals located outside of acquisition offices do not require a requisition.
WBR 1401.8001 Responsibilities.
(a) Property and Offices Services (POS). POS, Reclamation Service Center, (D-7900), is responsible for developing policies and procedures for use and preparation of requisitions.
(b) Approval officials. Approval authority is delegated from the Commissioner to Regional Directors and the Director, Reclamation Service Center. These officials are responsible for developing local procedures for further redelegation. Copies of delegations shall be sent to POS, D-7900 and to the servicing acquisition office .
(c) Screening. Approval officials are responsible for screening the request against stock inventory and other Government sources of supply required by FAR Part 8.
(d) Budget officer. After a requisition has been approved, it shall be forwarded to the responsible budget officer who shall certify that funds have been reserved and remain available for the acquisition. The certification shall be documented by the signature of the budget officer on the requisition (or other locally-developed form). This may be accomplished by electronic signature when using an automated acquisition system. Blanket certification procedures for small dollar value transactions may be established by the budget office.

