Procurement And Contracting

033 FW 11
FWM Number
Originating Office
Division of Acquisition and Property Policy Management

11.1 Redelegation. The Assistant Director - Policy, Budget and Administration is redelegated all the authority delegated to the Director pursuant to 242 DM 2 (also published as 031 FW 2) and 205 DM 5 and 11 as they pertain to procurement, contracting, and other forms of acquisition, except as indicated below (205 DM 11.1A). He/she is also designated as the Head of Contracting Activity for the Service with all of the responsibilities thereof pursuant to DIAR 1402.1 (205 DM 11.2B).

11.2 Limitations on Procurement and Contracting.

A. Regulations. Contracts and purchases may be entered into only in accordance with the requirements of the Federal Acquisition Regulations 48 CFR 1, and the Department of the Interior Acquisition Regulations 48 CFR 1400, 401 DM 1 (205 DM 11.1C).

B. Reservation. Approval of all proposed procurements estimated to equal or exceed $300,000 is reserved to the Assistant Secretary for Fish and Wildlife and Parks. Proposals will be submitted to the Assistant Secretary as early as possible in the procurement cycle and prior to issuance of a solicitation. Unsolicited proposals will be submitted prior to entering into negotiations with the prospective contractor (242 DM 2.2).

C. Other Limitations. Many types or categories of procurement actions require additional reviews or approvals (205 DM 11.4): See especially DIAR 1401.7101-2 and -3, DIAR 1437.170, and the Contracting Officer's Handbook Restricted Items List .

D. Further Redelegations. The Assistant Director - Policy, Budget and Administration may further redelegate, in whole or part, his/her authority as follows:

(1) Servicewide policymaking, oversight and coordination functions for procurement may be redelegated no lower than the Headquarters Division of Contracting and General Services.

(2) Operational procurement functions may be redelegated to Regional Directors and to the Divisions of Contracting and General Services and Engineering in Headquarters. This authority may be redelegated no lower than warranted Contracting Officers, except for functions delegated to appointed Contracting Officer's Representatives and for authorized purchases pursuant to 301 FW 6.

(3) Authority to award and modify contracts and purchase orders for personal property and nonpersonal services, including construction, may only be redelegated to personnel who meet the requirements of the Contracting Officers' Warrant System pursuant to DIAR 1401.6, 302 FW 1 and 036 FW 2 (205 DM 11.2B).

11.3 Other Forms of Acquisition and Assistance.

A. Economy Act. Assistant and Regional Directors are authorized to enter into agreements or place orders with other Federal departments, establishments, bureaus or offices to obtain materials, supplies, equipment, work, or services of any kind pursuant to the Economy Act, 31 U.S.C. 686. Such agreements or orders may only be executed if funds are available, such work or services cannot be as conveniently or as cheaply performed by private agencies, and it is in the best interest of the Government to do so (205 DM 5.6). Other requirements are listed at FAR 17.5.

B. Intergovernmental Cooperation Act. Assistant and Regional Directors are authorized to enter into agreements or place orders with units of State and local government to coordinate activities or to provide specialized or technical services or to provide facilities pursuant to the Intergovernmental Cooperation Act. See OMB Circular A-97 for additional requirements.

C. Federal Grant and Cooperative Agreement Act. When authorized by other substantive law, Assistant and Regional Directors are authorized to execute grants, cooperative agreements, and other assistance awards that involve the obligation of funds, the transfer of Federal property, or the receipt of technical assistance services with charges by the provider pursuant to the Federal Grant and Cooperative Agreement Act, 31 U.S.C. 6301.

D. Limitations.

(1) Procedures and criteria for these forms of acquisition and assistance will be provided in 305 FW.

(2) Proposed acquisition awards of the above types with estimated costs over $100,000 must be reviewed for legal sufficiency by the Office of the Solicitor. Review is also required if a proposed modification would increase the total cost over $100,000, or if a subsequent modification itself costs over $100,000.