Subject: Acquisition Roles and Responsibilities and Acquisition and Assistance Management Reviews
Purpose: To state responsibilities and limitations of Contracting Officers and program personnel and describe purpose and requirements of Reclamation Acquisition and Assistance Management Reviews.
Authority: Office of Federal Procurement Policy Act of 1974 (Pub. L. 93-400), as amended by Pub. L. 96-83; Department of the Interior Acquisition Regulation (DIAR) 1401.670; OMB Circular A-123 - Management Accountability and Control; Executive Order (EO) 12931 - Federal Procurement Reform;
Contact: Servicing Acquisition Offices and Contracting Officers
1. Overview. A Contracting Officer possesses specific warranted authority to enter into and administer contracts on behalf of the Bureau of Reclamation (Reclamation). In addition, program personnel retain certain roles, responsibilities, and limitations to assist the Contracting Officers in a technical capacity during contract performance. Program personnel may include (but are not limited to) Contracting Officer’s Representatives and Interagency Acquisition Technical Representatives.
A. Contracting Officers.
(1) To ensure the integrity of the acquisition process, only Contracting Officers have the authority and responsibility to award or modify contracts or enter into, modify, terminate, or close out contracts or interagency acquisitions.
(2) A Contracting Officer must possess a warrant to enter into and administer contracts under the authority of the Federal Acquisition Regulation (FAR). This authority is designated to individuals who demonstrate the knowledge, skills and abilities to successfully enter into and administer contracts that are legally sound, and comply with the FAR and other regulations and guidelines.
(3) Contracting Officers are appointed in writing by Reclamation’s Manager, Acquisition and Assistance Management Division, D-7800, to enter into and administer FAR contracts, subject to any limitations on the scope of authority to be exercised. This appointment is made to the designated Contracting Officer on form SF 1402, Certificate of Appointment.
B. Program personnel.(1) Program personnel are part of the acquisition team, serving as the technical representative of the Contracting Officer to monitor contract performance and compliance.
(2) Program personnel generally function as a technical expert associated with the type of commodity or service being acquired.
3. Limitations for Program Personnel. The authority of program personnel is limited to providing technical advice to the Contracting Officer and overseeing the contractor’s performance under the contract from a technical standpoint. Program personnel do not have the authority to:
A. Award, agree to, or execute any contract, contract modification, or notice of intent;
B. Obligate, in any way, the payment of money by the Government;
C. Make a final decision on any contract matter which is subject to the FAR contract Disputes clause (FAR 52.233-1). In general, this clause covers the process and requirements for any claims by the Contractor against the Government (or vice versa) seeking the payment of money, the adjustment or interpretation of contract terms, or other relief arising under or relating to the contract.
D. Terminate, for any cause, the contractor’s right to proceed; or
E. Order acceleration of the work.
4. Acquisition and Assistance Management Reviews. Reclamation is responsible for performing annual management control assessments/reviews of 25 percent of its contracting activity, so that by the end of four years, 100 percent of the contracting activity will have been reviewed, assessed, and applicable corrective actions taken. To comply with this requirement and in accordance with OMB Circular A-123, Management Accountability and Control, Reclamation will continue to conduct Acquisition and Assistance Management Reviews (AAMRs) of two of its six regions each fiscal year. The purpose of these reviews is to ensure that:
A. Reclamation contracting programs are achieving their intended results;
B. Resources are used consistent with Reclamation’s mission;
C. Resources are protected from waste, fraud, and mismanagement;
D. Laws and regulations are followed; and
E. Reliable and timely acquisition management information is maintained, reported and used for decision-making.