BOP-03.03 Admin Chg 1, Acquisition Coordination and Approval Processes
The purpose of this document is to provide acquisition professionals with the guidance necessary to successfully process procurement actions. Ensure compliance with laws, executive orders, regulations, policy issuance and procedures, and sound business practices. Provide appropriate checks and balances and reasonable assurances against fraud, waste and abuse. Ensure acquisitions are properly planned, based upon clear, performance-based requirements and acquired by sound business practices and judgment, considering advice from subject matter experts, as appropriate. Drive down decision making and accountability to appropriate levels by using risk based coordination and approvals. Promote streamlined acquisition processes consistent with mission, quality, and regulatory requirements.
Associated DOE Directive:
Version history and related documents
Supersedes
Earlier documents this one replaced.
- BOP-03.03Acquisition Coordination and Approval Process (May 11, 2017)
Document text
Text extracted from the attached file. Refer to the original document for the authoritative version.
Section 1
BOP-03.03 Admin Chg 1 1
5-11-17
ADMINISTRATIVE CHANGE TO
BOP-03.03, Acquisition Coordination and Approval Process
Locations of Changes: Italics are clarification information except page 1
Page Paragraph From To
Cover Footer http://hq.na.gov
https://nnsaportal.energy.gov/intrane
t/na-mb/na-mb-20/pages/nnsa-
policy.aspx
1 2
a. BOP- 003.0304R5,
Headquarters Approval of
Contract Actions Process
(CAP), dated 08-08-07.
b. BOP-003.0601, NNSA
Contractor Human Resources
(CHR) Policy Guidance, dated
04-28-06.
c. BOP-003.0601R1, Contractor
Human Resources (CHR) Policy
and Approval of Actions
Process, dated 05-18-11.
d. BOP-003.0506, Coordination
and Approval Process (CAP) for
Personal Property Action, dated
06-28-05.
BOP-03.03, Acquisition Coordination
and Approval Processes, dated 3-18-15
2 4 (new) added
SUMMARY OF CHANGES. Changes
were made to Appendix 1, Appendix 1
Exhibit 1, Appendix 1 Exhibit 2, and
Appendix 4 due to personnel updates,
consistency corrections and changes in
the following regulations:
• 10 CFR 600 was superseded by 2
CFR 200 UNIFORM
ADMINISTRATIVE
REQUIREMENTS, COST
PRINCIPLES, AND AUDIT
REQUIREMENTS FOR
FEDERAL AWARDS as amended
by 2 CFR 910 of the same title.
• FAR Case 2014-022 entitled,
“Federal Acquisition Regulation;
Inflation Adjustment of Acquisition
Related Thresholds.”
• DOE P 547.1 Small Business First
Policy
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2 BOP-03.03 Admin Chg 1
5-11-17
2
AP1-5 5. c. 10 CFR 600, 2 CFR 200 as amended by 2 CFR 910,
AP1-6 5. d.
DOE Guide to Financial Assistance,
Update June 2008 or successor
update
DOE Guide to Financial Assistance,
Update May 23, 2013 or successor
update
AP1-6 6. Contact (505) 845-4903 (505) 845-4745
AP1E1-4 Row 2
Column 3 Blank (4)
AP1E1-4 …when the strategy contemplates
an acquisition ≥ $6M…
… when the strategy contemplates an
acquisition ≥ $3M…
AP1E1-4 Footnote 8
… and when the use of a single
award BPA with a value exceeding
$103M, including any options, is
contemplated.
…and when the use of a single award
BPA with a value exceeding $112M,
including any options, is contemplated
AP1E1-5 Row 2 Column
1 >$150K ≤ $650K >$150K ≤ $700K
Row 3 Column
1 > $650K but ≤ $12.5M > $700K but ≤ $13.5M
Row 4 Column
1 > $12.5M but ≤ $62.5M > $13.5M but ≤ $68M
Row 5 Column
1 > $62.5M > $68M
AP1E1-6 Row 3
Column 15: Senior Procurement
Executive R5
Column 16: Deputy or Associate
Administrator A6
Column 15: deleted
Column 16: A5
AP1E1-20 Title Financial Assistance Instruments
(10 CFR 600)
Financial Assistance Instruments
(2 CFR 910)
AP1E1-20 Column
heading none One Level Above CO
AP1E1-20 Column
heading Program Official or SSA Program Official
BOP-03.03 Admin Chg 1 3
5-11-17
AP1E1-20
Determination
of Restricted
Eligibility row
heading
Determination of Restricted
Eligibility (10 CFR 600.6)
< $1M
≥ $1M
Contracting Officer column
A3
One Level Above CO column
Didn’t exist
Legal Counsel C5
Review by Independent Review
required for actions under and
above $1M
R4
Approval by HCA required under
$1M
A6
≥ $1M Approval by Program Official
or SSA
A6(5)
Approval by Contracting Officer
R3
Determination of Restricted Eligibility
2 CFR 910.126(b)
Regardless of Dollar value
Contracting Officer
C3 (10)
Section 2
One Level above CO
A5
C4
Approval by Independent Review not
required for actions under and above
$1M so review deleted.
Blank
No approval by HCA (review deleted)
Blank
No approval required
Blank
Blank
AP1E1-20
Determination
of Non-
Competitive
Financial
Assistance row
heading
Determination of Non-
Competitive Financial Assistance
10 CFR600.6
< $1M
≥ $1M
Contract Specialist R2
Approval by
Contracting Officer
A3
Blank column
Approval by Program Official or
SSA < $1M Blank
≥ $1M A7 (5)
Determination of Non-Competitive
Financial Assistance (2), (6) 2 CFR
910.126(d) Regardless of Dollar Value
R3
Approved Approval by
Contracting Officer
A4 (10)
One Level Above CO
A6
Approval by
Program Official
C2
No independent review
Blank
4 BOP-03.03 Admin Chg 1
5-11-17
4
Reviewed by Independent Review
R4
approved by Head of Contracting
Activity
< $1M A6
≥ $1M R6
Deputy of Associate Administrator
< $1M (6)
≥ $1M (5)
no HCA approval
Blank
No footnote
.
AP1E1-20 Blank Just used footnote (6) for public
interest
If 910.126(c)(8) public interest used
AP1E1-20
If
910.126(c)(8)
public interest
used row
heading
blank
Program Initiator P1
Contract Specialist R3
Contracting Officer A4 (10)
One Level Above CO A9
Program Official C2(5)
Legal Counsel C5
Independent Review R6
Head of Contracting Activity N7
Deputy or Associate Administrator S8(6)
AP1E1-20
Solicitations
and Awards
row heading
Solicitations and Awards (7), (8),
(9)
Solicitations and Awards (2), (7), (8),
(9)
AP1E1-20 ≤ $6M row
Contracting Officer Signature S6
Independent Review PA5
Blank column
HCA approval if footnote (8) applies
Contracting Officer Signature S5
PA6
One Level Above CO Column
(1)
No HCA approval required
AP1E1-20 > $6M Head of Contracting Activity (8) Blank
AP1E1-20 Footnote 2 Pricing assistance requirement for
all new awards exceeding $5M
Pricing assistance requirement for all
new awards exceeding the threshold set
forth in CSG 15.4.
AP1E1-20 Footnote 5
Approved, prior to award, by the
responsible program Assistant
Secretary, Deputy Administrator, or
official of equivalent authority and the
Contracting Officer. The approval
authority may be delegated to one
organizational level below the Assistant
Secretary, Deputy Administrator, or
official of equivalent authority.
Concurred in by the responsible
program technical official.
BOP-03.03 Admin Chg 1 5
5-11-17
AP1E1-20 Footnote 6
If the authority being used is 10 CFR
600.6(c)(8), public interest or
supports an Earmark, the DNFA must
be approved by the responsible
Program Assistant Secretary, Deputy
Administrator, or other official of
equivalent authority. If this is the
case, the review procedures for
greater than $1M must be used.
If the authority being used is 2 CFR 126
(c) (8), public interest, that
determination must be approved by the
responsible Program Assistant
Secretary, Deputy Administrator, or
other official of equivalent authority.
Signature can be on the Coordination
and Approval Process, CAP, or separate
determination kept in file. The
determination authority should be
referenced in the DNFA.
AP1E1-20 Footnote 10 blank
CO concurs with Determination of
Restricted Eligibility prior to award; CO
approves DNFA prior to award; both
require approval by CO and one level
above the CO.
AP1E2-1 Line 3 1 level above the Contracting Officer
(if CO is the substantial preparer) 1 level above the Contracting Officer
Section 3
AP1E2-1 Legend C-Coordination: coordinates &
reviews
C- Concurrence: agreement with
document
AP1E2-1 Legend Blank R-Review: reviews the document
AP4-4 i. and j.
i. DOE Order 580.1 and
Contractor Requirements
Document (CRD), Department
of Energy Personal Property
Management Program
j. DOE Order 580.1A and
Contractor Requirements
Document (CRD), Department
of Energy Personal Property
Management Program
Deleted since rescinded
AP4-4 k. and l.
k. Executive Order 12999
Educational Technology:
Ensuring Opportunity for All
Children in the Next Century
l. Stevenson-Wydler Technology
Innovation Act of 1980
i
j.
AP4-4 6. CONTACT (505) 845-5437 (505) 845-5950
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AVAILABLE ON-LINE AT: Office of Acquisition Management
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printed copies are uncontrolled
BUSINESS OPERATING PROCEDURE
Admin Change 1: 5-11-17
ACQUISITION COORDINATION AND
APPROVAL PROCESSES
NATIONAL NUCLEAR SECURITY ADMINISTRATION
Office of Acquisition and Project Management
BOP-03.03
https://nnsaportal.energy.gov/intranet/na-mb/na-mb-20/pages/nnsa-policy.aspx
THIS PAGE INTENTIONALLY LEFT BLANK
BOP-03.03 1
5-11-17
ACQUISITION COORDINATION AND APPROVAL PROCESSES
1. PURPOSE. The purpose of this document is to provide acquisition professionals with the
guidance necessary to successfully process procurement actions, and:
a. Ensure compliance with laws, executive orders, regulations, policy issuances and
procedures, and sound business practices;
b. Provide appropriate checks and balances and reasonable assurances against fraud,
waste, and abuse;
c. Ensure acquisitions are properly planned, based upon clear, performance-based
requirements and acquired by sound business practices and judgment, considering
advice from subject matter experts, as appropriate;
d. Drive down decision making and accountability to appropriate levels by using
risk based coordination and approvals; and
e. Promote streamlined acquisition processes consistent with mission, quality, and
regulatory requirements.
This document includes the following process areas:
• Appendix 1: Non-Management & Operating instruments
• Appendix 2: Management & Operating (M&O) contracts
• Appendix 3: Contractor Human Resources (CHR)
• Appendix 4: Personal Property Actions
2. CANCELLATION. BOP-03.03, Acquisition Coordination and Approval Processes,
dated 3-18-15.
3. APPLICABILITY.
a. Federal. This applies to all National Nuclear Security Administration (NNSA)
personnel that award contract actions, administer the resulting contracts or
agreements, or otherwise obligate NNSA or non-NNSA funds. Refer to each
appendix regarding additional conditions of applicability.
b. Contractors. Does not apply to contractors.
c. Equivalency. In accordance with the responsibilities and authorities assigned by
Executive Order 12344, codified at 50 USC sections 2406 and 2511 and to ensure
consistency through the joint Navy/Department of Energy (DOE) Naval Nuclear
Propulsion Program, the Deputy Administrator for Naval Reactors (Director) will
2 BOP-03.03
5-11-17
implement and oversee requirements and practices pertaining to this Directive for
activities under the Director's cognizance, as deemed appropriate.
Refer to each appendix regarding any additional equivalencies and/or exemptions.
Section 4
4. SUMMARY OF CHANGES. Changes were made to Appendix 1, Appendix 1Exhibit1,
Appendix 1 Exhibit 2, and Appendix 4 due to personnel updates, consistency corrections
and changes in the following regulations:
• 10 CFR 600 was superseded by 2 CFR 200 UNIFORM ADMINISTRATIVE
REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR
FEDERAL AWARDS as amended by 2 CFR 910 of the same title,
• FAR Case 2014-022 entitled, "Federal Acquisition Regulation; Inflation
Adjustment of Acquisition Related Thresholds", and
• DOE P 547.1 , Small Business First Policy.
5. REQUIREMENTS. Refer to each appendix regarding unique requirements.
6. RESPONSIBILITIES. Refer to each appendix regarding unique responsibilities.
7. REFERENCES. Refer to each appendix for a list ofreferences.
8. DEFINITIONS. Refer to each appendix for a list of definitions.
9. CONTACT. Director, Office of Acquisition Management, NA-APM-10 at
202-586-7439.
BY ORDER OF THE ADMINISTRATOR:
seph Waddell
Senior Procurement Executive
Appendices:
1. Coordination and Approval Process for Non-Management and Operating Actions
2. Coordination and Approval Process for Management and Operating Actions
)
3. Coordination and Approval Process for Contractor Human Resources Policy Actions
4. Coordination and Approval Process for Personal Property Actions
5. Coordination and Approval Process Flow Chart
BOP-03.03 Appendix 1
5-11-17 AP1-1
APPENDIX 1: COORDINATION AND APPROVAL PROCESS FOR NON-
MANAGEMENT AND OPERATING ACTIONS AND ALL ARCHITECT-
ENGINEERING AND CONSTRUCTION RELATED ACTIONS
1. PURPOSE.
a. Ensure compliance with laws, executive orders, regulations, policy issuances and
procedures, and sound business practices;
b. Provide appropriate checks and balances and reasonable assurances against fraud,
waste, and abuse;
c. Ensure acquisitions are properly planned, based upon clear, performance-based
requirements and acquired by sound business practices and judgment, considering
advice from subject matter experts, as appropriate;
d. Drive down decision making and accountability to appropriate levels by using
risk based coordination and approvals; and
e. Promote streamlined acquisition processes consistent with mission, quality, and
regulatory requirements.
2. APPLICABILITY.
a. Federal. This applies to all National Nuclear Security Administration (NNSA)
personnel that award contract actions, administer the resulting contracts or
agreements, or otherwise obligate NNSA or non-NNSA funds and other personnel
involved in processing NNSA Non-Management and Operating (M&O) contract
actions, as well as M&O architect-engineering (A/E), and construction-related
(e.g., actions in support of the project after achieving CD-0 through project
closeout) contract actions.
b. Equivalency.
(1) The dollar amounts specified in this BOP are the aggregate amount of the
dollars related to the basic contract or agreement plus all changes made to
that underlying contract or agreement to date (including all options). This
is often called the potential value of the contract. This definition is in
keeping with the threshold definitions in Federal Acquisition Regulation
(FAR) 6.304.
(2) For the purpose of this Appendix, the term “contract actions” includes
procurement and assistance related actions detailed in Exhibit 1, Non
M&O Coordination and Approval Process Table. Unless otherwise noted,
Exhibit 1 applies to Non-M&O actions.
Section 5
c. Exemption. If you believe you are exempt from some aspect of this BOP because
of another policy issuance by NNSA, an exemption must be requested in writing
Appendix 1 BOP-03.03
AP1-2 5-11-17
and specifically approved in writing by the Senior Procurement Executive (SPE).
As appropriate, specific actions may be waived by the Head of the Contracting
Activity (HCA).
3. REQUIREMENTS.
a. All organizational elements within NNSA responsible for contract actions must
comply with the NNSA CAP Table (Exhibit 1) unless they have obtained a
specific written exemption from the SPE, or a written waiver from the HCA in
accordance with paragraph 4.a.(3).
b. Head of the Contracting Activity Coordination and Approval.
(1) The Deputy Director, Office of Acquisition Management, NA-APM-10, is
the HCA for all Non-M&O contract actions, M&O construction actions,
and M&O A/E actions regardless of dollar value. NOTE: For the
purposes of this Appendix and Exhibit 1, HCA authorities and
responsibilities for “non-M&O contract actions” also include M&O
architect-engineering (A/E), and construction-related contract actions.
(2) The HCA may reserve the right to require coordination and approval of
actions at their sole discretion, regardless of the estimated dollar value.
(3) Those involved in a review of contract actions may vary depending on the
action being reviewed. Participation may include legal, small business,
and/or program office representation and other members as may be
appropriate for a given action.
(4) HCA approval of Non-M&O contract actions may be based on oral
exchanges during formal briefings from the Contracting Officer to
assigned staff. Briefings and exchanges will normally focus on strategies,
approaches, methodologies, evaluations, assessments and decisions
associated with contract actions. Following the briefing(s) the Contracting
Officer shall document the outcome of the discussions in the official
contract file. In addition, the documents submitted for HCA approval
shall be placed in the contract file in their final form along with the signed
Coordination and Approval Document (see Appendix 1, Exhibit 2).
(5) HCA approval of Non-M&O contract actions and subcontracts will be
based on reviews of documentation as well as strategies, approaches,
methodologies, evaluations, assessments and decisions.
(6) The HCA will provide an approval decision within five working days after
conduct of oral briefings or receipt of required supporting documentation.
In the event that additional time is required to review complex or novel
requirements, the Contracting Officer will be notified of the delay, the
rationale, and the expected length of delay.
BOP-03.03 Appendix 1
5-11-17 AP1-3
(7) Contract actions shall not be executed until the appropriate approvals in
this BOP have been received. A record of reviews and approvals shall be
included in every acquisition or financial assistance file that requires
approval beyond the Contracting Officer; and, the Coordination and
Approval Document may be included in each file that requires review or
approval. An individual Coordination and Approval Document is not
required for every action requiring review or approval if proof of the
review and/or approval is otherwise evident.
(8) For the review and approval process, copies of all documentation
supporting the contract action must be submitted to the appropriate office.
Documents to be submitted should be supportive of the particular action
and the particular acquisition phase.
Section 6
4. RESPONSIBILITIES.
a. Deputy Director, Office of Acquisition Management, NA-APM-10:
(1) Establish policies, processes and procedures for Non-M&O contract
actions.
(2) Ensure that all Non-M&O contract actions represent good business
decisions for the NNSA and are supported by quality documentation.
(3) Coordinate or approve Non-M&O contract actions in Exhibit 1, or waive
coordination and approval requirements for specific actions on a case-by-
case basis.
b. Non M&O Policy and Oversight Branch, Acquisition Policy and Oversight
Division, NA-APM-141, or in the case of M&O Construction or Architect-
Engineering actions, the Construction and Specialty Acquisition Branch, NA-
APM-123, as applicable:
(1) Perform independent review/coordination of Non-M&O contract actions
requiring HCA or Senior Procurement Executive (SPE) approval.
(2) Provide advice and assistance to the Contracting Officer to ensure contract
actions represent good business decisions for NNSA and reflect high
quality work products.
(3) Forward all Non-M&O documents to the HCA or the SPE for
coordination or approval in accordance with this BOP.
c. Field Office Managers/Deputy Field Managers or Designee (e.g. Business
Manager) or Program Offices, as applicable:
(1) Implement this BOP for contract actions under their cognizance. This
responsibility extends to assuring independent review of actions so that
Appendix 1 BOP-03.03
AP1-4 5-11-17
individuals responsible for initiating an action do not coordinate on or
approve the action.
(2) For contract actions for which they have cognizance, perform the duties
specified in applicable acquisition regulations as being performed at a
level above the Contracting Officer or a level above the Substantial
Preparer, as applicable.
(3) Perform the “Manager/Field Office” duties specified in Exhibit 1 (Note:
Some actions may require a Contracting Officer Warrant).
d. The Office of the General Counsel, NA-GC (or, in cases where the contracting
action originates at a field office, the Field Office Counsel), will provide a single
set of coordinated advisory comments regarding legal, fiscal, and patent input.
e. Contracting Officers, Office of Acquisition Management, NA-APM-10, APM, or
Field Offices:
(1) Ensure contract actions represent good business decisions for NNSA and
reflect high quality work products.
(2) Ensure that contract actions are reviewed and receive the level of
coordination and approval as required in Exhibit 1 of this BOP.
(3) Ensure that copies of all necessary file documentation and any additional
supporting documents are submitted through the Non M&O Policy and
Oversight Branch, NA-APM-143 or in the case of M&O Construction or
Architect-Engineering actions, the Construction and Specialty Acquisition
Branch, NA-APM-123, for submission to the HCA or the SPE, as
applicable.
(4) Plan the solicitation, evaluation, and award of contract actions in a manner
that precludes the need for expedited coordination and approval.
(5) Resolve comments at each level prior to submission to the next higher
level for review. After legal review takes place, if substantive or
fundamental changes are made to the package as a result of subsequent
reviews, the reviewing attorney will be notified of the changes to ensure
the legal sufficiency of the action is not impacted. Ultimately, the
Contracting Officer is to ensure this notification takes place prior to
issuance of the action.
Section 7
(6) The Contracting Officer has the authority to resolve comments, unless
approval at a higher level is required, in which case, the approval authority
that must agree with the disposition of comments.
(7) Ensure that contract and financial assistance actions have been fully
coordinated through appropriate functional experts as necessary prior to
BOP-03.03 Appendix 1
5-11-17 AP1-5
submission to the HCA or SPE. Subject areas requiring functional
coordination may include, but are not limited to:
(a) contract law,
(b) financial assistance law,
(c) appropriations law,
(d) intellectual property,
(e) real and personal property,
(f) contractor human resources,
(g) small business issues,
(h) environmental, safety and health (ES&H),
(i) National Environmental Policy Act (NEPA),
(j) DOE special authorities (e.g., barter, loan, guarantees), and
(k) NNSA implementation of DOE Order 413.3B “Program and
Project Management for the Acquisition of Capital Assets,” or
successor Order, as applicable.
(8) Contract actions shall not be executed until all the appropriate
coordination and approval steps in this BOP have been accomplished.
Where the review from a particular element is only to be conducted on a
random basis (as opposed to 100% of the time), there will be a footnote
stating such (see the NNSA CAP Table at Exhibit 1). In this event, the
Non M&O Policy and Oversight Branch will utilize a sampling plan to
determine whether the individual action will be randomly selected for
review unless excluded as noted by the footnotes (e.g., Construction &
A&E actions, Source Selections). Otherwise, all coordination and
approval requirements are mandatory 100% of the time for that category
of action unless exempted from review by the footnotes (e.g., subcontracts
that fall within the approved Field Administrative Contracting Officer
approval thresholds).
5. REFERENCES.
a. Federal Acquisition Regulations, Title 48 CFR Chapter 1
b. Department of Energy Acquisition Regulations, Title 48 Chapter 9
c. 2 CFR 200 as amended by 2 CFR 910, Financial Assistance
Appendix 1 BOP-03.03
AP1-6 5-11-17
d. DOE Guide to Financial Assistance, Update May 23, 2013 or successor update
e. DOE Acquisition Guides
f. DOE Acquisition Letters
g. BOP-003.0303A, Contracting Authorities, February 5, 2009 or successor update
h. Designation of Authority and Delegation of Authority Order No. 00-003-01D to
the Deputy Associate Administrator for Acquisition and Project Management
October 28, 2013 or successor Designation/Delegation
i. Designation of Authority and Redelegation of Authority to the Director, Office of
Acquisition Management, February 09, 2014 or successor Designation/Delegation
j. Designation of Authority and Redelegation of Authority to the Deputy Director,
Office of Acquisition Management, February 09, 2014 or successor
Designation/Delegation
k. Contract Specialist Guide (CSG) 1.6, Review of Acquisition and Financial
Assistance Actions, April 29, 2011 or successor update
6. CONTACT. Deputy Director, Office of Acquisition Management, NA-APM-10, at
(505) 845-4745.
Exhibit 1: Non-M&O (Including all Architect and Engineering and Construction-Related
Actions) Coordination and Approval Process Table
Exhibit 2: Coordination and Approval Document
BOP-03.03 Appendix 1 Exhibit 1
5-11-17 AP1E1-1
APPENDIX 1, EXHIBIT 1: NON-M&O (INCLUDING ALL ARCHITECT AND
ENGINEERING AND CONSTRUCTION-RELATED ACTIONS) COORDINATION AND
APPROVAL PROCESS TABLE
TABLE OF CONTENTS
Section 8
Synopses, Pre-solicitation Notice Requirements and Source Selection Authority ................2
Simplified Acquisitions, Commercial Buys, and GSA Schedule .........................................3
Acquisition Plans ...................................................................................................................4
Justification for Other Than Full and Open Competition/Limited Sources, Exception
to Fair Opportunity ................................................................................................................5
Small Business Waivers and Small Business Reviews..........................................................6
Solicitations and Amendments ..............................................................................................7
Mistakes in Bid ......................................................................................................................8
Cancellation of Invitation for Bids/Solicitations, Rejection of all Proposals ........................9
Organizational Conflicts of Interest .......................................................................................10
Selection/Evaluation Documents ...........................................................................................11
Pre-Negotiation Plans ............................................................................................................12
Contract Awards ....................................................................................................................13
Protests ...................................................................................................................................14
Modifications .........................................................................................................................15
Terminations ..........................................................................................................................16
Extraordinary Contractual Actions and Waiver for Submission of Cost or Pricing Data .....17
Purchasing System Approvals, Precontract Costs and Ratifications .....................................18
Subcontract Consents .............................................................................................................19
Financial Assistance Instruments ...........................................................................................20
Interagency Agreements and IA Modifications .....................................................................21
Appendix 1 Exhibit 1 BOP-03.03
AP1E1-2 5-11-17
Synopses, Pre-solicitation Notice Requirements and Source Selection
Authority (SSA)
ACTION CODES:
A - Approval
C - Concurrence
N – Notification
P – Preparation
R - Review & Comment
S – Signature
PA-Post Award Review
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ss
oc
ia
te
A
dm
in
is
tr
at
or
A
dm
in
is
tr
at
or
/N
N
SA
A
ge
nc
y
H
ea
d
(D
O
E
)
Synopsis/Pre-solicitation
Notices R2
Section 9
(2) P1 A3
Designation of Source
Selection Authority
FAR 15.3
All Other Procurement
Actions
P1 R2
(1) S3
(1) If the Substantial Preparer of the document is the Contract Specialist, the Contracting Officer’s coordination and review will suffice.
However, if the Contracting Officer is the Substantial Preparer of the document, coordination and review must be accomplished at least one
level above the Contracting Officer.
(2) When any Sources Sought/Requests for Statements of Capability are included in the Synopsis, the announcement must include Small
Business Program Manager review and coordination.
BOP-03.03 Appendix 1 Exhibit 1
5-11-17 AP1E1-3
Simplified Acquisitions, Commercial Buys, and GSA Schedule
(Solicitation, Amendment and Selection) (7)
ACTION CODES:
A - Approval
C - Concurrence
N – Notification
P – Preparation
R - Review & Comment
S – Signature
PA-Post Award Review
Numbers reflect order in
which to accomplish
actions. PR
In
iti
at
or
/P
ro
gr
am
O
ff
ic
e
Sm
al
l B
us
in
es
s P
ro
gr
am
M
an
ag
er
C
om
pe
tit
io
n
A
dv
oc
at
e
C
on
tr
ac
t S
pe
ci
al
is
t
C
on
tr
ac
tin
g
O
ff
ic
er
Pr
og
ra
m
O
ff
ic
ia
l o
r
SS
A
Pa
te
nt
C
ou
ns
el
L
eg
al
C
ou
ns
el
M
an
ag
er
/F
ie
ld
O
ff
ic
e
In
de
pe
nd
en
t R
ev
ie
w
(4
)
H
ea
d
of
th
e
C
on
tr
ac
tin
g
A
ct
iv
ity
Se
ni
or
P
ro
cu
re
m
en
t
E
xe
cu
tiv
e
D
ep
ut
y
or
A
ss
oc
ia
te
A
dm
in
is
tr
at
or
A
dm
in
is
tr
at
or
/N
N
SA
A
ge
nc
y
H
ea
d
(D
O
E
)
Simplified Acquisitions (5) P1 S2
Commercial Items and
Services (FAR 12.6) ≤
$6.5M (5) (6)
P1 R2/
S4 R3
(3) PA5
GSA Schedule Buys
(including orders issued
against BPAs) with a SOW
(Services)
Best Value ≤ $1M
P1 R2/
S5 R3
(2)
R4
(3)
> $1M but ≤ $6M P1 R2/
S5 R3
(2)
R4
(3) PA6
> $6M P1
R2/
S6
(1)
R4
(2) R5 R3
With a SOW (Services)
Low Price /Technically
Acceptable Any $ Value
P1 S2
Without a SOW (Supplies) P1 S2
(1) If the Substantial Preparer of the document is the Contract Specialist, the Contracting Officer’s coordination and review will suffice.
However, if the Contracting Officer is the Substantial Preparer of the document, coordination and review must be accomplished at least one
level above the Contracting Officer.
(2) If relevant issues warrant such review as determined by the Contracting Officer.
(3) For actions ≤ $6M, if relevant issues warrant such review as determined by the Contracting Officer. Exception: For actions > $1M but ≤
$6M, a post award legal review is mandatory if the action is selected for post award independent review.
(4) Independent Review required only if selected based on random sampling, the frequency of sampling being determined based on an HCA
approved sampling plan which takes into account the prior track record of the Section or Branch. Architect-Engineering and Construction
for Capital Asset Projects, and Source Selections (i.e., where a Board or Panel is established) over $10M are excluded from random
sampling.
(5) If the requirement is for the rental or leasing of space, a Certified Realty Specialist shall perform the action (quasi-real property actions
such as apartment lease <1 year, lease/temporary storage unit, not including warehouses, may be acquired via purchase order – ref. Real
Property Desk Guide).
Section 10
(6) Commercial Items: This is applicable to acquisition of supplies or services that meet the definition of commercial items, covered by FAR
12.6 and does not include acquisitions conducted under Part 8. If greater than $6.5M, the Solicitation & Amendments,
Selection/Evaluation Documents and other applicable tables shall be used for coordination and approval.
(7) If an amendment makes significant changes to the acquisition strategy or any significant changes to the solicitation, review is required in
accordance with this page of the CAP. Otherwise, no review is required above the level of the Contracting Officer.
Appendix 1 Exhibit 1 BOP-03.03
AP1E1-4 5-11-17
Acquisition Plans (All Non-FFP Contracts (1) Including Master, Federal
Supply Schedules, Blanket Purchase Agreements, GWACs, Utility
Contracts and Energy Savings Performance Contracts including Utility
Energy Services Contracts (UESCs) and Power Purchase Agreements
(PPAs)) (7)(10)(11)(12)(13)
ACTION CODES:
A - Approval
C - Concurrence
N – Notification
P – Preparation
R - Review & Comment
S – Signature
PA-Post Award Review
Numbers reflect order in
which to accomplish
actions. PR
In
iti
at
or
/P
ro
gr
am
O
ff
ic
e
Sm
al
l B
us
in
es
s P
ro
gr
am
M
an
ag
er
C
om
pe
tit
io
n
A
dv
oc
at
e
C
on
tr
ac
t S
pe
ci
al
is
t
C
on
tr
ac
tin
g
O
ff
ic
er
Pr
og
ra
m
O
ff
ic
ia
l o
r
SS
A
Pa
te
nt
C
ou
ns
el
L
eg
al
C
ou
ns
el
M
an
ag
er
/F
ie
ld
O
ff
ic
e
In
de
pe
nd
en
t R
ev
ie
w
(
2)
H
ea
d
of
th
e
C
on
tr
ac
tin
g
A
ct
iv
ity
Se
ni
or
P
ro
cu
re
m
en
t
E
xe
cu
tiv
e
D
ep
ut
y
or
A
ss
oc
ia
te
A
dm
in
is
tr
at
or
A
dm
in
is
tr
at
or
/N
N
SA
A
ge
nc
y
H
ea
d
(D
O
E
)
Acquisition Plans
< $6M (5)
R2 (4) R4
(3) P1
R3/
A5
(6)
PA6 (8) (9)
≥ $6M R2 R4
(4)
R5
(3) P1
R3/
A7
(6)
R6 (8) (9)
(1) (FAR 7.103) A written plan is not normally required for firm-fixed-price contracts but may be required as appropriate.
(2) Independent Review required only if selected based on random sampling, the frequency of sampling being determined based on
an HCA approved sampling plan which takes into account the prior track record of the Section or Branch. Architect-Engineering
and Construction for Capital Asset Projects, and Source Selections (i.e., where a Board or Panel is established) over $10M are
excluded from random sampling.
(3) Coordination is required if the action proposes the use of other than full and open competition (FAR 7.104(c)).
(4) The planner shall coordinate the acquisition plan or strategy with the cognizant small business specialist when the strategy
contemplates an acquisition ≥ $3M, unless the contract or order is entirely reserved or set-aside for small business under Part 19.
(5) A milestone list from the contract writing system serves as the Acquisition Plan for actions less than $6M if a milestone is
inserted referencing determination in backup file that meets requirements of 16.103(d)(1) regarding contract type.
(6) Acquisition plans for other than Firm Fixed Price contracts shall be approved at least one level above the Contracting Officer.
(FAR 7.103(j))
(7) For Utilities and Energy Savings Performance Contracts/Orders, regardless of dollar value, acquisition plans shall follow the
same approval as if ≥ $6M. Compliance with the DOE Sustainability Order 436.1 is required for all utility contracts to include
ESPCs.
Section 11
(8) Note: Determination & Findings (D&F) are also required for various types of contracts. The HCA is required to approve the
D&F for, but not limited to: Time and Material contract when the base period plus any option period exceeds three years; the use
of incentive and award fee contracts; two-step sealed bidding; the use of multi-year contracts; and when the use of a single award
BPA with a value exceeding $112M, including any options, is contemplated.
(9) The total of the basic and option periods/quantities shall not exceed 5 years in the case of services/supplies (FAR 17.204(e)).
(Ref. DOE AL 2010-05, or successor policy, the Senior Procurement Executive shall approve the Acquisition Plan.)
(10) Orders issued against BPAs are subject to the same coordination and approval requirements listed above; however, a streamlined
Acquisition Plan addressing elements that have changed for orders issued under the BPA is acceptable.
(11) It is recommended that legal be invited to any acquisition planning meetings, so that they can assist in identifying and resolving
any foreseeable issues.
(12) For acquisition plans associated with A/E and Construction projects ≥$50M, compliance with the DOE Order 413.3B, or
successor Order, is required.
(13) The Personal Property Branch must be consulted with for those actions that might involve personal property.
BOP-03.03 Appendix 1 Exhibit 1
5-11-17 AP1E1-5
Justification for Other Than Full and Open Competition, Limited
Sources Justification, Sole-Source (including Brand Name)
Justification for an Exception to Fair Opportunity (FAR 6.304, 8.405-6,
13.501, 16.505) (3)
ACTION CODES:
A - Approval
C - Concurrence
N – Notification
P – Preparation
R - Review &
Comment
S – Signature
PA-Post Award Review
Numbers reflect order in
which to accomplish
actions. PR
In
iti
at
or
/P
ro
gr
am
O
ff
ic
e
Sm
al
l B
us
in
es
s P
ro
gr
am
M
an
ag
er
C
om
pe
tit
io
n
A
dv
oc
at
e
C
on
tr
ac
t S
pe
ci
al
is
t
C
on
tr
ac
tin
g
O
ff
ic
er
Pr
og
ra
m
O
ff
ic
ia
l o
r
SS
A
Pa
te
nt
C
ou
ns
el
L
eg
al
C
ou
ns
el
M
an
ag
er
/F
ie
ld
O
ff
ic
e
In
de
pe
nd
en
t R
ev
ie
w
H
ea
d
of
th
e
C
on
tr
ac
tin
g
A
ct
iv
ity
Se
ni
or
P
ro
cu
re
m
en
t E
xe
cu
tiv
e
D
ep
ut
y
or
A
ss
oc
ia
te
A
dm
in
is
tr
at
or
A
dm
in
is
tr
at
or
/N
N
SA
A
ge
nc
y
H
ea
d
(D
O
E
)
>$150K ≤ $700K P1 A2
> $700K but ≤ $13.5M P1 A6 R2 R4
(1)
R3
(2) R5
> $13.5M but ≤ $68M P1 R7 R2 R4
(1)
R3
(2) R6 R5 A8
> $68M P1 R7 R2 R4
(1)
R3
(2) R6 R5 R8 A9
(1) If the Substantial Preparer of the document is the Contract Specialist, the Contracting Officer’s coordination and review will
suffice for this requirement. However, if the Contracting Officer is the Substantial Preparer of the document, coordination and
review must be accomplished at least one level above the Contracting Officer.
(2) A separate Program Official coordination is only necessary if the PR Initiator is someone other than the primary program
representative.
(3) Use of the exception at FAR 6.302-7 Public Interest requires Agency Head determination and is not redelegable.
Appendix 1 Exhibit 1 BOP-03.03
AP1E1-6 5-11-17
Small Business Waivers and Small Business Reviews (4)
ACTION CODES:
A - Approval
C - Concurrence
N – Notification
P – Preparation
R - Review &
Comment
S – Signature
PA-Post Award Review
Numbers reflect order in
which to accomplish
actions. PR
In
iti
at
or
/P
ro
gr
am
Section 12
O
ff
ic
e
Sm
al
l B
us
in
es
s P
ro
gr
am
M
an
ag
er
C
om
pe
tit
io
n
A
dv
oc
at
e
C
on
tr
ac
t S
pe
ci
al
is
t
C
on
tr
ac
tin
g
O
ff
ic
er
Pr
og
ra
m
O
ff
ic
ia
l o
r
SS
A
Pa
te
nt
C
ou
ns
el
L
eg
al
C
ou
ns
el
M
an
ag
er
/F
ie
ld
In
de
pe
nd
en
t R
ev
ie
w
H
ea
d
of
th
e
C
on
tr
ac
tin
g
A
ct
iv
ity
O
SD
B
U
(
D
O
E
)
A
PA
T
(
D
O
E
)
Se
ni
or
P
ro
cu
re
m
en
t E
xe
cu
tiv
e
D
ep
ut
y
or
A
ss
oc
ia
te
A
dm
in
is
tr
at
or
Small Business Waivers
≥ $150K but ≤ $3M
R3 R2 P1 A4
> $3M R3 R2 P1 R4 (2) A5
Small Business Review
(DOE Form 4220.2)
≥ $150K but ≤ $3M
P1 S4
(1) R2 S3
> $3M P1 S4
(1) R2 S3 R5
(2)
R6
(3)
(1) Requires SBA concurrence on DOE F 4220.2 if not set-aside under a small business socio-economic program.
(2) Includes DOE OSDBU review if > $3M and was not exclusively reserved or set-aside under a small business socio-economic
program.
(3) Includes DOE Advanced Planning Acquisition Team (APAT) Review if >$100M.
(4) Small Business Waivers and Small Business Reviews should be worked concurrently.
BOP-03.03 Appendix 1 Exhibit 1
5-11-17 AP1E1-7
Solicitations and Amendments
(e.g., Non-Competitive/Competitive FAR 12, 15, 16.505, 35, 36)
(5) (6) (7) (8) (10) (11) (12)
ACTION CODES:
A - Approval
C - Concurrence
N – Notification
P – Preparation
R - Review &
Comment
S – Signature
PA-Post Award Review
Numbers reflect order in
which to accomplish
actions. PR
In
iti
at
or
/P
ro
gr
am
O
ff
ic
e
Sm
al
l B
us
in
es
s P
ro
gr
am
M
an
ag
er
C
om
pe
tit
io
n
A
dv
oc
at
e
C
on
tr
ac
t S
pe
ci
al
is
t
C
on
tr
ac
tin
g
O
ff
ic
er
Pr
og
ra
m
O
ff
ic
ia
l o
r
SS
A
Pa
te
nt
C
ou
ns
el
L
eg
al
C
ou
ns
el
M
an
ag
er
/F
ie
ld
O
ff
ic
e
In
de
pe
nd
en
t R
ev
ie
w
(4
)
H
ea
d
of
th
e
C
on
tr
ac
tin
g
A
ct
iv
ity
Se
ni
or
P
ro
cu
re
m
en
t E
xe
cu
tiv
e
D
ep
ut
y
or
A
ss
oc
ia
te
A
dm
in
is
tr
at
or
A
dm
in
is
tr
at
or
/N
N
SA
A
ge
nc
y
H
ea
d
(D
O
E
)
Draft and Final
Solicitations &
Amendments
(Excludes supply
items)
≤ $1M
P1 R2/
S5 R3
(2)
R4
(3) (9)
> $1M but ≤ $6 M P1
R2/
S5
(1)
R3
(2)
R4
(3) PA6 (9)
> $6M P1
R2/
S6
(1)
R4
(2) R5 R3 (9)
(1) If the Substantial Preparer of the document is the Contract Specialist, the Contracting Officer’s coordination and review will
suffice. However, if the Contracting Officer is the Substantial Preparer of the document, coordination and review must be
accomplished at least one level above the Contracting Officer.
(2) If relevant issues warrant such review as determined by the Contracting Officer or General Counsel.
(3) For actions ≤ $6M, if relevant issues warrant such review as determined by the Contracting Officer. Exception: For actions >
$1M but ≤ $6M, a post award legal review is mandatory if the action is selected for post award independent review.
(4) Independent Review required only if selected based on random sampling, the frequency of sampling being determined based on
an HCA approved sampling plan which takes into account the prior track record of the Section or Branch. Architect-Engineering
and Construction for Capital Asset Projects, and Source Selections (i.e., where a Board or Panel is established) over $10M are
excluded from random sampling.
Section 13
(5) If an amendment makes significant changes to the acquisition strategy or any significant changes to Sections L or M of the
solicitation, review is required in accordance with this page of the CAP. Otherwise, no review is required above the level of the
Contracting Officer.
(6) The Selection/Evaluation Plan must be submitted along with the final solicitation for review, unless otherwise agreed to by the
HCA.
(7) Task or delivery orders against priced Indefinite Delivery contracts are exempt. New task or delivery orders against unpriced
Indefinite Delivery contracts follow the same review requirements as new contract actions.
(8) Letter contract actions must be reviewed as if they were solicitations. (Also see Contract Awards table for D&F approval.)
(9) IAW DEAR 915.201, approval for the use of solicitations for information or planning purposes shall be obtained from the Head
of the Contracting Activity.
(10) For CAP purposes, a letter request for proposal (model contract) is considered a solicitation action under this table.
(11) For solicitation and amendments associated with A/E and Construction projects ≥$50M, compliance with the DOE Order 413.3B,
or successor Order, is required.
(12) The Personal Property Branch must be consulted with for those actions that might involve personal property.
Appendix 1 Exhibit 1 BOP-03.03
AP1E1-8 5-11-17
Mistakes in Bid
ACTION CODES:
A - Approval
C - Concurrence
N – Notification
P – Preparation
R - Review &
Comment
S – Signature
PA-Post Award Review
Numbers reflect order in
which to accomplish
actions. PR
In
iti
at
or
/P
ro
gr
am
O
ff
ic
e
Sm
al
l B
us
in
es
s P
ro
gr
am
M
an
ag
er
C
om
pe
tit
io
n
A
dv
oc
at
e
C
on
tr
ac
t S
pe
ci
al
is
t
C
on
tr
ac
tin
g
O
ff
ic
er
Pr
og
ra
m
O
ff
ic
ia
l o
r
SS
A
Pa
te
nt
C
ou
ns
el
L
eg
al
C
ou
ns
el
M
an
ag
er
/F
ie
ld
O
ff
ic
e
In
de
pe
nd
en
t R
ev
ie
w
H
ea
d
of
th
e
C
on
tr
ac
tin
g
A
ct
iv
ity
Se
ni
or
P
ro
cu
re
m
en
t E
xe
cu
tiv
e
D
ep
ut
y
or
A
ss
oc
ia
te
A
dm
in
is
tr
at
or
A
dm
in
is
tr
at
or
/N
N
SA
A
ge
nc
y
H
ea
d
(D
O
E
)
Mistakes in Bid
Mistakes Disclosed
Before Award –
Apparent Clerical
Mistakes
(FAR 14.407-2)
P1 A2
Mistakes Disclosed
Before Award – Other
(FAR 14.407-3 &
DEAR 914.407-3)
Regardless of dollar
value
P1 R2
(1) C4 R3 A5
Mistakes After Award
(FAR 14.407-4 & 33.2,
DEAR 914.407-4)
P1 R2
(1) R4 R3 R5 A6
(1) If the Substantial Preparer of the document is the Contract Specialist, the Contracting Officer’s coordination and review will
suffice. However, if the Contracting Officer is the Substantial Preparer of the document, coordination and review must be
accomplished at least one level above the Contracting Officer.
BOP-03.03 Appendix 1 Exhibit 1
5-11-17 AP1E1-9
Cancellation of Invitation for Bids/Solicitations, Rejection of all
Proposals
ACTION CODES:
A - Approval
C - Concurrence
N – Notification
P – Preparation
R - Review &
Comment
S – Signature
PA-Post Award Review
Numbers reflect order in
which to accomplish
actions. PR
In
iti
at
or
/P
ro
gr
am
O
ff
ic
e
Sm
al
l B
us
in
es
s P
ro
gr
am
M
an
ag
er
C
om
pe
tit
io
n
A
dv
oc
at
e
C
on
tr
ac
t S
pe
ci
al
is
t
C
on
tr
ac
tin
g
O
ff
ic
er
Pr
og
ra
m
O
ff
ic
ia
l o
r
SS
A
Pa
te
nt
C
ou
ns
el
L
eg
al
C
ou
ns
el
M
an
ag
er
/F
ie
ld
O
ff
ic
e
In
de
pe
nd
en
t R
ev
ie
w
H
ea
d
of
th
e
C
on
Section 14
tr
ac
tin
g
A
ct
iv
ity
Se
ni
or
P
ro
cu
re
m
en
t E
xe
cu
tiv
e
D
ep
ut
y
or
A
ss
oc
ia
te
A
dm
in
is
tr
at
or
A
dm
in
is
tr
at
or
/N
N
SA
A
ge
nc
y
H
ea
d
(D
O
E
)
Cancellation of
Invitation for Bids
Cancellation of
Invitations for Bids
Before Bid Opening
(FAR 14.209)
P1 A2
Cancellation of
Invitations After Bid
Opening (FAR 14.404-1
& DEAR 914.404-1 (c))
Regardless of dollar
value
P1 R2
(1) R4 R3 A5
Cancellation of
Solicitations
(FAR 15.206(e))
P1
R2/
A6
(1)
R3 R5 R4
(2)
Rejection of all
Proposals under
Competitive Negotiated
Acquisitions (FAR
15.3)
P1 R2
(1) A5 R4 R3
(2)
(1) If the Substantial Preparer of the document is the Contract Specialist, the Contracting Officer’s coordination and review will
suffice. However, if the Contracting Officer is the Substantial Preparer of the document, coordination and review must be
accomplished at least one level above the Contracting Officer.
(2) Independent Review required only if selected based on random sampling, the frequency of sampling being determined based
on an HCA approved sampling plan which takes into account the prior track record of the Section or Branch. Architect-
Engineering and Construction for Capital Asset Projects, and Source Selections (i.e., where a Board or Panel is established)
over $10M are excluded from random sampling.
Appendix 1 Exhibit 1 BOP-03.03
AP1E1-10 5-11-17
Organizational Conflicts of Interest
ACTION CODES:
A - Approval
C - Concurrence
N – Notification
P – Preparation
R - Review &
Comment
S – Signature
PA-Post Award Review
Numbers reflect order in
which to accomplish
actions. PR
In
iti
at
or
/P
ro
gr
am
O
ff
ic
e
Sm
al
l B
us
in
es
s P
ro
gr
am
M
an
ag
er
C
om
pe
tit
io
n
A
dv
oc
at
e
C
on
tr
ac
t S
pe
ci
al
is
t
C
on
tr
ac
tin
g
O
ff
ic
er
Pr
og
ra
m
O
ff
ic
ia
l o
r
SS
A
Pa
te
nt
C
ou
ns
el
L
eg
al
C
ou
ns
el
M
an
ag
er
/F
ie
ld
O
ff
ic
e
In
de
pe
nd
en
t R
ev
ie
w
H
ea
d
of
th
e
C
on
tr
ac
tin
g
A
ct
iv
ity
Se
ni
or
P
ro
cu
re
m
en
t E
xe
cu
tiv
e
D
ep
ut
y
or
A
ss
oc
ia
te
A
dm
in
is
tr
at
or
A
dm
in
is
tr
at
or
/N
N
SA
A
ge
nc
y
H
ea
d
(D
O
E
)
Organizational Conflict
of Interest Evaluation
Recommended Course
of Action for significant
potential conflict
known prior to
solicitation FAR 9.504
Regardless of dollar
value
P1
P1
S2
(2)
R2/
S6
(1)(3)
R4
R3
A5
Waiver
Notwithstanding a
Conflict of Interest
FAR 9.503 & DEAR
909.503
P1
R2
(1)
R4
R3
A5
(1) If the Substantial Preparer of the document is the Contract Specialist, the Contracting Officer’s coordination and review will
suffice. However, if the Contracting Officer is the Substantial Preparer of the document, coordination and review must be
accomplished at least one level above the Contracting Officer.
(2) The Contracting Officer’s judgment must be formally documented only when a significant issue concerning potential
organizational conflicts of interest exists.
(3) If a significant potential OCI arises after receipt of proposals, the same coordination and approval will apply as if “known prior
to solicitation”.
BOP-03.03 Appendix 1 Exhibit 1
5-11-17 AP1E1-11
Selection/Evaluation Documents
(Applicable to FAR 12, 15, 16.5, 35, 36) (Excludes Supplies) (5)
ACTION CODES:
A - Approval
C - Concurrence
N – Notification
P – Preparation
R - Review &
Comment
S – Signature
PA-Post Award Review
Numbers reflect order in
which to accomplish
actions. PR
Section 15
In
iti
at
or
/P
ro
gr
am
O
ff
ic
e
Sm
al
l B
us
in
es
s P
ro
gr
am
M
an
ag
er
C
om
pe
tit
io
n
A
dv
oc
at
e
C
on
tr
ac
t S
pe
ci
al
is
t
C
on
tr
ac
tin
g
O
ff
ic
er
Pr
og
ra
m
O
ff
ic
ia
l o
r
SS
A
Pa
te
nt
C
ou
ns
el
L
eg
al
C
ou
ns
el
M
an
ag
er
/F
ie
ld
O
ff
ic
e
In
de
pe
nd
en
t R
ev
ie
w
(3
)
H
ea
d
of
th
e
C
on
tr
ac
tin
g
A
ct
iv
ity
Se
ni
or
P
ro
cu
re
m
en
t E
xe
cu
tiv
e
D
ep
ut
y
or
A
ss
oc
ia
te
A
dm
in
is
tr
at
or
A
dm
in
is
tr
at
or
/N
N
SA
A
ge
nc
y
H
ea
d
(D
O
E
)
Selection/Evaluation
Plans (4)
≤ $6M
P1 R2
(1) S4 R3
(2) PA5
> $6M P1 R2 S5 R4 R3
Selection/Evaluation
Reports (6)
≤ $6M
P1 R2
(1) R3
(2) PA4
> $6M P1 R2 R4 R3
Selection
Determination (7)
≤ $6M
R2
(1)
P1/
S4 R3
(2) PA5
> $6M R2 P1/
S5 R4 R3
(1) If the Substantial Preparer of the document is the Contract Specialist, the Contracting Officer’s coordination and review will
suffice. However, if the Contracting Officer is the Substantial Preparer of the document, coordination and review must be
accomplished at least one level above the Contracting Officer.
(2) For actions ≤ $6M, if relevant issues warrant such review as determined by the Contracting Officer. Exception: For actions >
$1M but ≤ $6M, a post award legal review is mandatory if the action is selected for post award independent review.
(3) Independent Review required only if selected based on random sampling, the frequency of sampling being determined based on
an HCA approved sampling plan which takes into account the prior track record of the Section or Branch. Architect-
Engineering and Construction for Capital Asset Projects, and Source Selections (i.e., where a Board or Panel is established) over
$10M are excluded from random sampling.
(4) The Selection/Evaluation Plan must be submitted with the solicitation for review, unless otherwise approved by the HCA.
(5) Task or delivery orders against priced Indefinite Delivery contracts are exempt. New task or delivery orders awarded against
unpriced Indefinite Delivery contracts follow the same review requirements as new contract actions.
(6) The Selection/Evaluation Report must be reviewed at the appropriate level prior to briefing the Source Selection Authority
(SSA).
(7) The SSA (if other than the Contracting Officer) will prepare the Source Selection Determination. The Contracting Officer and
the SEB/IPT technical members, with advice from the Attorney, may assist in writing the decision. However, the SSA has the
ultimate responsibility for the Selection Document.
Appendix 1 Exhibit 1 BOP-03.03
AP1E1-12 5-11-17
(1) If the Substantial Preparer of the document is the Contract Specialist, the Contracting Officer’s coordination and review will
suffice. However, if the Contracting Officer is the Substantial Preparer of the document, coordination and review must be
accomplished at least one level above the Contracting Officer.
(2) Independent Review required only if selected based on random sampling, the frequency of sampling being determined based on
an HCA approved sampling plan which takes into account the prior track record of the Section or Branch. Architect-Engineering
and Construction for Capital Asset Projects, and Source Selections (i.e., where a Board or Panel is established) over $10M are
excluded from random sampling.
(3) If patent issues exist.
Section 16
(4) Legal Review is only required for negotiations related to terms or conditions of the contract, or when the CO or HCA require
advisory input.
(5) Task or delivery orders against priced Indefinite Delivery contracts are exempt. New task or delivery orders awarded against
unpriced Indefinite Delivery contracts follow the same review requirements as new contract actions.
(6) Price/Cost Estimating Branch, NA-APM-144, assistance/analysis is mandatory for all proposals over $1M, unless otherwise
waived.
(7) Approval at the Pre-negotiation level may include a % or dollar value limit imposed by the HCA prior to negotiations.
Pre-Negotiation Plans (5) (6)
ACTION CODES:
A - Approval
C - Concurrence
N – Notification
P – Preparation
R - Review &
Comment
S – Signature
PA-Post Award
Review
Numbers reflect order
in which to accomplish
actions. PR
In
iti
at
or
/P
ro
gr
am
O
ff
ic
e
Sm
al
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us
in
es
s P
ro
gr
am
M
an
ag
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C
om
pe
tit
io
n
A
dv
oc
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e
C
on
tr
ac
t S
pe
ci
al
is
t
C
on
tr
ac
tin
g
O
ff
ic
er
Pr
og
ra
m
O
ff
ic
ia
l o
r
SS
A
Pa
te
nt
C
ou
ns
el
L
eg
al
C
ou
ns
el
M
an
ag
er
/F
ie
ld
O
ff
ic
e
In
de
pe
nd
en
t R
ev
ie
w
H
ea
d
of
th
e
C
on
tr
ac
tin
g
A
ct
iv
ity
Se
ni
or
P
ro
cu
re
m
en
t E
xe
cu
tiv
e
D
ep
ut
y
or
A
ss
oc
ia
te
A
dm
in
is
tr
at
or
A
dm
in
is
tr
at
or
/N
N
SA
A
ge
nc
y
H
ea
d
(D
O
E
)
Pre-Negotiation Plan
≤$1M
P1 S2
(1)
> $1M but ≤ $6 M P1 S2
(1) PA3
(2)
>$6M P1
R2/
S7
(1)
R4
(3)
R5
(4) R3 A6
(7)
BOP-03.03 Appendix 1 Exhibit 1
5-11-17 AP1E1-13
(1) If the Substantial Preparer of the document is the Contract Specialist, the Contracting Officer’s coordination and review will
suffice. However, if the Contracting Officer is the Substantial Preparer of the document, coordination and review must be
accomplished at least one level above the Contracting Officer.
(2) If relevant issues warrant such review as determined by the Contracting Officer.
(3) Independent Review required only if selected based on random sampling, the frequency of sampling being determined based on
an HCA approved sampling plan which takes into account the prior track record of the Section or Branch. Architect-Engineering
and Construction for Capital Asset Projects, and Source Selections (i.e., where a Board or Panel is established) over $10M are
excluded from random sampling.
(4) Letter contracts and their definitization follow the same coordination and approval process as definitized contracts (e.g.,
Solicitations and Amendments and Pre Negotiation Plans tables).
(5) Task or Delivery Orders against priced Indefinite Delivery contracts are exempt. New task or delivery orders awarded against
unpriced Indefinite Delivery contracts follow the same review requirements as new contract actions.
(6) Undefinitized task orders/contract actions and their definitization (e.g., Pre-Negotiation Plans, etc.) are subject to the same
review and approval requirements as Letter Contracts noted above.
(7) For task orders/contract actions associated with A/E and construction projects ≥ $50M, compliance with DOE Order 413.3B or
successor order is required.
Contract Awards
(Including Task & Delivery Orders, Letter Contracts & Options)
(5)(6)(7)
ACTION CODES:
A - Approval
C - Concurrence
N – Notification
P – Preparation
R - Review &
Comment
S – Signature
PA-Post Award Review
Numbers reflect order in
which to accomplish
actions. PR
Section 17
In
iti
at
or
/P
ro
gr
am
O
ff
ic
e
Sm
al
l B
us
in
es
s P
ro
gr
am
M
an
ag
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C
om
pe
tit
io
n
A
dv
oc
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C
on
tr
ac
t S
pe
ci
al
is
t
C
on
tr
ac
tin
g
O
ff
ic
er
Pr
og
ra
m
O
ff
ic
ia
l o
r
SS
A
Pa
te
nt
C
ou
ns
el
L
eg
al
C
ou
ns
el
M
an
ag
er
/F
ie
ld
O
ff
ic
e
In
de
pe
nd
en
t R
ev
ie
w
H
ea
d
of
th
e
C
on
tr
ac
tin
g
A
ct
iv
ity
Se
ni
or
P
ro
cu
re
m
en
t E
xe
cu
tiv
e
D
ep
ut
y
or
A
ss
oc
ia
te
A
dm
in
is
tr
at
or
A
dm
in
is
tr
at
or
/N
N
SA
A
ge
nc
y
H
ea
d
(D
O
E
)
Contract Award
≤ $1M
P1 S2
> $1M but ≤ $6M P1 S2 PA3
(3)
> $6M P1 R2/S4 R3
(3)
Letter Contract –
written determination
(FAR 16.603-3) (4)
P1 R2/S7
(1) R4
(2)
R5
(2) R3 A6
Use of Options P1 S2
Exercise of Options P1 S2
Appendix 1 Exhibit 1 BOP-03.03
AP1E1-14 5-11-17
Protests
ACTION CODES:
A - Approval
C - Concurrence
N – Notification
P – Preparation
R - Review &
Comment
S – Signature
PA-Post Award Review
Numbers reflect order in
which to accomplish
actions. PR
In
iti
at
or
/P
ro
gr
am
O
ff
ic
e
Sm
al
l B
us
in
es
s P
ro
gr
am
M
an
ag
er
C
om
pe
tit
io
n
A
dv
oc
at
e
C
on
tr
ac
t S
pe
ci
al
is
t
C
on
tr
ac
tin
g
O
ff
ic
er
Pr
og
ra
m
O
ff
ic
ia
l o
r
SS
A
Pa
te
nt
C
ou
ns
el
L
eg
al
C
ou
ns
el
M
an
ag
er
/F
ie
ld
O
ff
ic
e
In
de
pe
nd
en
t R
ev
ie
w
H
ea
d
of
th
e
C
on
tr
ac
tin
g
A
ct
iv
ity
Se
ni
or
P
ro
cu
re
m
en
t E
xe
cu
tiv
e
D
ep
ut
y
or
A
ss
oc
ia
te
A
dm
in
is
tr
at
or
A
dm
in
is
tr
at
or
/N
N
SA
A
ge
nc
y
H
ea
d
(D
O
E
)
Protests (FAR
33.103/.104 & DEAR
933.103/.104)
Agency Level Protest
Decision
All dollar thresholds
P1 R2
(1) R4 R3 S6 N5
(2)
Decision to Continue
with Award or
Performance
P1
R2/
S7
(3)
R3 N4 N5 N6 (4)
Corrective Relief P1 R2
(1) R4 R3 A5
GAO Level Protest
Notice of Protest P1 R2
Agency Report P1
R2
(1)
S7
R4 R3 N5 N6
Decision to Continue
with Award or
Performance
P1 R2
(1) R4 R3 R5
A8 C7 R6
(4)
Decision not to Comply
with a GAO
Recommendation
P1 R2
(1) R4 R3 R5
S8
A6
(5) N7
(1) If the Substantial Preparer of the document is the Contract Specialist, the Contracting Officer’s coordination and review will
suffice. However, if the Contracting Officer is the Substantial Preparer of the document, coordination and review must be
accomplished at least one level above the Contracting Officer.
(2) Protest decided by the Senior Procurement Executive if:
• Protester requests decision by the Procurement Executive;
• HCA is the Contracting Officer at the time the protest is filed, having signed either the solicitation where the award
has not been made, or the contract, where the award or nomination of the apparent successful offeror has been made;
or
• HCA concludes that one or more of the issues raised in the protest have the potential for significant impact on NNSA
acquisition policy.
(3) Approval must be granted at one level above the Contracting Officer.
(4) Endorsement required by the Deputy or Associate Administrator.
(5) If a DOE wide policy issue is involved, the Report shall be provided by the Senior Procurement Executive.
BOP-03.03 Appendix 1 Exhibit 1
5-11-17 AP1E1-15
Modifications (7)(8)
ACTION CODES:
A - Approval
C - Concurrence
N – Notification
P – Preparation
R - Review & Comment
S – Signature
PA-Post Award Review
Section 18
Numbers reflect order in
which to accomplish
actions. PR
In
iti
at
or
/P
ro
gr
am
O
ff
ic
e
Sm
al
l B
us
in
es
s P
ro
gr
am
M
an
ag
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C
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tit
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A
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C
on
tr
ac
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C
on
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O
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Pr
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O
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SS
A
(5
)
Pa
te
nt
C
ou
ns
el
L
eg
al
C
ou
ns
el
M
an
ag
er
/F
ie
ld
O
ff
ic
e
In
de
pe
nd
en
t R
ev
ie
w
(4
)
H
ea
d
of
th
e
C
on
tr
ac
tin
g
A
ct
iv
ity
Se
ni
or
P
ro
cu
re
m
en
t
E
xe
cu
tiv
e
D
ep
ut
y
or
A
ss
oc
ia
te
A
dm
in
is
tr
at
or
A
dm
in
is
tr
at
or
/N
N
SA
A
ge
nc
y
H
ea
d
(D
O
E
)
Aggregate amount of
modification, other than
Funding &
Administrative
≤ $1M
P1 R2/
S5 R3 R4
(2)
> $1M but ≤ $6M P1
R2/
S7
(1)
R3 R4
(2)
R5
(3) PA6
> $6M P1
R2/
S7
(1)
R3 R5
(2) R6 R4
Or when a Modification
will increase the total
value to an amount
> $6M
P1
R2/
S7
(1)
R3 R5
(2) R6 R4
Incremental Funding or
Administrative
Modifications
(regardless of dollar
value) (6)
P1 S2
(1) If the Substantial Preparer of the document is the Contract Specialist, the Contracting Officer’s coordination and review will
suffice. However, if the Contracting Officer is the Substantial Preparer of the document, coordination and review must be
accomplished at least one level above the Contracting Officer.
(2) If relevant issues warrant such review as determined by the Contracting Officer.
(3) For actions ≤ $6M, if relevant issues warrant such review as determined by the Contracting Officer. Exception: For actions >
$1M but ≤ $6M, a post award legal review is mandatory if the action is selected for post award independent review.
(4) Independent Review required only if selected based on random sampling, the frequency of sampling being determined based on
an HCA approved sampling plan which takes into account the prior track record of the Section or Branch. Architect-Engineering
and Construction for Capital Asset Projects are excluded from random sampling.
(5) Program concurrence is not required but may be requested at the discretion of the CO.
(6) Incremental Funding actions are executed by the CO, but exempt from formal Coordination and Approval Document (reference
paragraph 3.b.(7)).
(7) Issuance of a Stop Work Order shall be approved at least one level above the Contracting Officer (FAR 42.1303(b)).
(8) Undefinitized modifications and their definitization (e.g., Pre-Negotiation Plans, etc.) are subject to the same review and approval
requirements as Letter Contracts. See footnote (6) under Contract Awards.)
Appendix 1 Exhibit 1 BOP-03.03
AP1E1-16 5-11-17
(1) Coordination required when patent issues exist. Termination of prime contracts for the operation of Government-owned facilities
requires the transfer of intellectual property to the successor contractor and clearance through Patent Counsel.
(2) IAW DEAR 949.101, the Senior Procurement Executive shall be notified prior to taking any action to terminate (a) contracts for
the operation of Government owned facilities, (b) any prime contract or subcontract in excess of $10 million, and (c) any contract
the termination of which is likely to provoke unusual interest.
(3) IAW DEAR 949.111 Review of proposed settlements, The Heads of Contracting Activities shall establish settlement review
boards for the review of each termination settlement or determination of amount due under the termination clause of a contract or
approval or ratification of a subcontract settlement when the action involves $50,000 or more.
Section 19
Terminations (3)
ACTION CODES:
A - Approval
C - Concurrence
N – Notification
P – Preparation
R - Review & Comment
S – Signature
PA-Post Award Review
Numbers reflect order in
which to accomplish
actions. PR
In
iti
at
or
/P
ro
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am
O
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e
Sm
al
l B
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in
es
s P
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gr
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M
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C
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tit
io
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A
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oc
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C
on
tr
ac
t S
pe
ci
al
is
t
C
on
tr
ac
tin
g
O
ff
ic
er
Pr
og
ra
m
O
ff
ic
ia
l o
r
SS
A
Pa
te
nt
C
ou
ns
el
L
eg
al
C
ou
ns
el
M
an
ag
er
/F
ie
ld
O
ff
ic
e
In
de
pe
nd
en
t R
ev
ie
w
H
ea
d
of
th
e
C
on
tr
ac
tin
g
A
ct
iv
ity
Se
ni
or
P
ro
cu
re
m
en
t
E
xe
cu
tiv
e
D
ep
ut
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or
A
ss
oc
ia
te
A
dm
in
is
tr
at
or
A
dm
in
is
tr
at
or
/N
N
SA
A
ge
nc
y
H
ea
d
(D
O
E
)
Terminations (complete
or partial) & Settlement
Review Boards (SRBs)
(FAR 49, DEAR 949)
Notification to the
Senior Procurement
Executive (2)
P1 R2/
S9 R3 N4 R5 N6 N7 N8
Terminations
Regardless of Dollar
Value
P1 R2/
S7 R3 R5(1) R6 R4
BOP-03.03 Appendix 1 Exhibit 1
5-11-17 AP1E1-17
Extraordinary Contractual Actions, and
Waiver for Submission of Cost or Pricing Data
ACTION CODES:
A - Approval
C - Concurrence
N – Notification
P – Preparation
R - Review & Comment
S – Signature
PA-Post Award Review
Numbers reflect order in
which to accomplish
actions. PR
In
iti
at
or
/P
ro
gr
am
O
ff
ic
e
Sm
al
l B
us
in
es
s P
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gr
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M
an
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C
om
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tit
io
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A
dv
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C
on
tr
ac
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pe
ci
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is
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C
on
tr
ac
tin
g
O
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ic
er
Pr
og
ra
m
O
ff
ic
ia
l o
r
SS
A
Pa
te
nt
C
ou
ns
el
L
eg
al
C
ou
ns
el
M
an
ag
er
/F
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ld
O
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ic
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In
de
pe
nd
en
t R
ev
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w
H
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d
of
th
e
C
on
tr
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g
A
ct
iv
ity
Se
ni
or
P
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en
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A
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A
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in
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at
or
A
dm
in
is
tr
at
or
/N
N
SA
A
ge
nc
y
H
ea
d
(D
O
E
)
Other Contractual
Actions
Extraordinary
Contractual Actions
Indemnification under
PL 85-804 (FAR Part
50)
< $50K
P1 P2 R3 R4 R5 A7
(2) R6 (2) (2)
> $50K P1 R2 R3 R4 R5 R6 R7 A8
Waiver Required for
Submission of Cost or
Pricing Data in
Exceptional Cases (FAR
15.403-1(c)(4))
All dollar thresholds
P1
R2
(1)
(3)
R4 R3 A5
(1) If the Substantial Preparer of the document is the Contract Specialist, the Contracting Officer’s coordination and review will
suffice. However, if the Contracting Officer is the Substantial Preparer of the document, coordination and review must be
accomplished at least one level above the Contracting Officer.
(2) IAW FAR 50.102-1(d), regardless of dollar amount, authority to indemnify against unusually hazardous or nuclear risks,
including extension of such indemnification to subcontracts, shall be exercised only by the Secretary or Administrator of the
agency concerned, the Public Printer, or the Chairman of the Board of Directors of the Tennessee Valley Authority. Also, IAW
Acquisition Guide Chapter 50.1, only the Secretary of Energy may grant request for extraordinary contractual relief under
Public Law No. 85-804 where relief is for indemnification of any value against unusually hazardous or nuclear risks or any
approval of the retroactive application of Pub. L. No. 85-804 and would be limited to the circumstances explicitly identified in
such Secretarial approval.
(3) Coordination with the Pricing/Cost Estimating Branch, NA-APM-144 is required.
Appendix 1 Exhibit 1 BOP-03.03
AP1E1-18 5-11-17
Section 20
Purchasing System Approvals, Precontract Costs and Ratifications
ACTION CODES:
A - Approval
C - Concurrence
N – Notification
P – Preparation
R - Review & Comment
S – Signature
PA-Post Award Review
Numbers reflect order in
which to accomplish
actions. PR
In
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Pr
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ia
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A
Pa
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C
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L
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al
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el
M
an
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/F
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In
de
pe
nd
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ev
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H
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of
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C
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A
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iv
ity
(3
)
Se
ni
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A
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A
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A
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/N
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A
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nc
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H
ea
d
(D
O
E
)
Purchasing System
Approvals (Non M&O)
P1 A2
Precontract Costs
Precontract Costs –
period greater than 15
days (FAR 31.205-32
and DEAR 931.205-32)
All dollar thresholds
P1 R2
(1) R3 A4
(3)
N5
(3)
Ratifications (FAR
1.602-3)
< $25K
P1 R2 R4
(2) R5(4) R3 A6
>$25K P1 R2 R4
(2) C5(4) R3 R6 A7
(1) If the Substantial Preparer of the document is the Contract Specialist, the Contracting Officer’s coordination and review will
suffice. However, if the Contracting Officer is the Substantial Preparer of the document, coordination and review must be
accomplished at least one level above the Contracting Officer.
(2) If relevant issues warrant such review as determined by the Contracting Officer.
(3) IAW DEAR 931.205-32(b)(1) Pre-contract cost authorizations shall not be used to cover a period in excess of 15 days, unless a
longer period is approved by the HCA based upon a written finding that such an allowance is reasonable, and shall not be
extended or renewed. A copy of the findings shall be forwarded to the Senior Procurement Executive at the time of approval. If
prolonged coverage is necessary, a letter contract shall be issued.
(4) IAW FAR 1.602-3 The Contracting Officer recommends payment and legal counsel concurs in the recommendation.
BOP-03.03 Appendix 1 Exhibit 1
5-11-17 AP1E1-19
Subcontract Consents
ACTION CODES:
A - Approval
C - Concurrence
N – Notification
P – Preparation
R - Review & Comment
S – Signature
PA-Post Award Review
Numbers reflect order in
which to accomplish
actions. PR
In
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A
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L
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el
M
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/F
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iv
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Se
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/N
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SA
A
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nc
y
H
ea
d
(D
O
E
)
Subcontract Consents
(FAR 44.2)
Subcontract Consents,
when required (Non-
M&O)
≤ $10M
R2 P1 S3
> $10M R2 P1
R3/
S6
(1)
R5 R4
Subcontract Consents
(DEAR 970.4401-2)
Subcontract Consents
for M&O Architect &
Engineering or Capital
Construction and
Related Actions (2) (3)
R1/
S5 R2 R3 A4
(1) If the Substantial Preparer of the document is the Contract Specialist, the Contracting Officer’s coordination and review will
suffice. However, if the Contracting Officer is the Substantial Preparer of the document, coordination and review must be
accomplished at least one level above the Contracting Officer.
Section 21
(2) For M&O subcontract consents, Contracting Officer means Field Administrative Contracting Officer (ACO) and Legal Counsel
means Field Counsel or General Counsel.
(3) A subcontract that exceeds the ACO approval shall be reviewed by the Construction and Specialty Acquisition Branch (NA-APM-
123) and approved by the HCA.
Appendix 1 Exhibit 1 BOP-03.03
AP1E1-20 5-11-17
Financial Assistance Instruments (2 CFR 910)
ACTION CODES:
A - Approval
C - Concurrence
N – Notification
P – Preparation
R - Review & Comment
S – Signature
PA-Post Award Review
Numbers reflect order in
which to accomplish
actions. PR
In
iti
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(D
O
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)
Determination of
Restricted Eligibility
2 CFR 910.126(b)
Regardless of dollar value
P1 R2
C3
(10)
A5 C4
Determination of Non-
Competitive Financial
Assistance (2) (6) 2 CFR
910.126(d)
Regardless of Dollar Value
P1 R3
A4
(10)
A6 C2 C5
If 910.126(c)(8) public
interest used P1 R3 A4
(10)
A9
C2
(5) C5 R6 N7 S8
(6)
Solicitations and Awards
(2) (7) (8) (9)
≤ $6M
P1
R2/
S5
(1)
(1) R3 R4
(3) PA6
(4)
> $6M P1
(2)
R2/
S6
(1)
(1) R4 R5 R3
(4)
(1) If the Substantial Preparer of the document is the Contract Specialist, the Contracting Officer’s coordination and review will
suffice. However, if the Contracting Officer is the Substantial Preparer of the document, coordination and review must be
accomplished at least one level above the Contracting Officer.
(2) Pricing/Cost Estimating Branch, NA-APM-144, assistance is required for all new awards exceeding the threshold set forth in CSG
15.4.
(3) For actions ≤ $6M, if relevant issues warrant such review as determined by the Contracting Officer. Exception: For actions > $1M
but ≤ $6M, a post award legal review is mandatory if the action is selected for post award independent review.
(4) Independent Review required only if selected based on random sampling, the frequency of sampling being determined based on an
HCA approved sampling plan which takes into account the prior track record of the Section or Branch.
(5) Concurred in by the responsible program technical official.
(6) If the authority being used is 2 CFR 910.126 (c) (8), public interest, that determination must be made by the responsible Program
Assistant Secretary, Deputy Administrator, or other official of equivalent authority. Signature can be on Coordination and Approval
Process ,CAP, or separate determination kept in file. The determination authority should be referenced in the DNFA.
(7) If the basic instrument was reviewed in accordance with this CAP, a review of any renewal is not required unless the new value
causes the instrument to be greater than the original CAP review threshold, then that new CAP threshold would apply.
Section 22
(8) Project periods for both grants and cooperative agreements should generally be no longer than five (5) years in length, unless a
longer project period is approved one level above the Contracting Officer. A determination and findings should be included in the
award file that provides justification that the longer project period is necessary for the success of the project if the original or
extended project period is longer than 5 years (a one-time no-cost extension does not require approval above the Contracting
Officer).
(9) The Personal Property Branch must be consulted with for those actions that might involve personal property.
(10) CO concurs with Determination of Restricted Eligibility prior to award; CO approves DNFA prior to award; both require approval
one level above the CO.
BOP-03.03 Appendix 1 Exhibit 1
5-11-17 AP1E1-21
Interagency Agreements (IAs) and IA Modifications (5)(7)
ACTION CODES:
A - Approval
C - Concurrence
N – Notification
P – Preparation
R - Review & Comment
S – Signature
PA-Post Award Review
Numbers reflect order in
which to accomplish
actions. PR
In
iti
at
or
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(4
)
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P
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nc
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H
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(D
O
E
)
Interagency
Agreements (FAR 17.5,
41.206)
Funds-Out Only
≤ $1M
P1
R2/
S3
(1)
(2) (6)
> $1M P1 R2/
S4 R3
(3) PA5 (2) (6)
(1) If the Substantial Preparer of the document is the Contract Specialist, the Contracting Officer’s coordination and review will
suffice. However, if the Contracting Officer is the Substantial Preparer of the document, coordination and review must be
accomplished at least one level above the Contracting Officer.
(2) Conditioned upon Contracting Officer determination that no contracting or subcontracting opportunities exist. If contracting or
subcontracting opportunities do exist, coordination through the Deputy Director of OAM must be accomplished.
(3) For actions ≤ $1M, if relevant issues warrant such review as determined by the Contracting Officer. Exception: For actions >
$1M, a post award legal review is mandatory if the action is selected for post award independent review.
(4) Independent Review required only if selected based on random sampling, the frequency of sampling being determined based on an
HCA approved sampling plan which takes into account the prior track record of the Section or Branch. Architect-Engineering and
Construction for Capital Asset Projects are excluded from random sampling.
(5) If the original interagency agreement was reviewed in accordance with this CAP, review of individual modifications is not
required unless the modification adds new work not contemplated in the original award. If the basic award was not reviewed in
accordance with this CAP, or the period of performance is being extended past five years, a review of the individual modification,
to include the basic award, will serve as the required review of the entire award.
Section 23
(6) The supporting Determination and Findings (17.502-2) approval may not be delegated below the Senior Procurement Executive of
the requesting agency if the servicing agency is not covered by the Federal Acquisition Regulation.
(7) For interagency agreement actions associated with A/E and construction projects ≥ $50M, compliance with DOE Order 413.3B or
successor order is required.
(8) The Personal Property Branch must be consulted with for those actions that might involve personal property.
THIS PAGE INTENTIONALLY LEFT BLANK
BOP-03.03 Appendix 1 Exhibit 2
5-11-17 AP1E2-1
APPENDIX 1, EXHIBIT 2: COORDINATION AND APPROVAL DOCUMENT
SAMPLE
COORDINATION & APPROVAL DOCUMENT
TITLE OF DOCUMENT:
(Document should be titled to reflect the particular CAP Action requiring review
e.g., “Acquisition Plan” or “Pre-Negotiation Plan”, to include the Total Estimated
Dollar Value of the action, as applicable.)
Document No.
Contract Type _____________ Estimated Value $_______
Modification/Amendment Number
DESCRIPTION:
(The description should adequately describe the specific requirement and
ultimate Program Office)
Office:
Section/Branch:
Program Office: _______
POC Name and Telephone Number:
You are requested to review the attached document and indicate your coordination/approval in the space provided.
Comments/Non-concurring statements should be attached on a separate sheet. Check appropriate box for comments.
COORDINATING/APPROVING OFFICE
(Note: A sample solicitation action is
below. You must include the appropriate
order required by each specific action.)
ORDER SIGNATURE COMMENTS
(Note: comments
must be
attached.)
DATE
Contract Specialist P1
Contracting Officer C2/S6 Yes No
1 level above the Contracting Officer * Yes No
Patent Counsel (NA-GC) C3 Yes No
Legal Counsel (NA-GC) C4 Yes No
Independent Review C5 Yes No
LEGEND FOR ORDER: The numbers reflect the order in which to accomplish the review, coordination and or approval.
P – Preparation: prepares the document N – Notification: proper notification provided
C – Concurrence: agreement with document S – Signature: signs/executes the document
A – Approval: approves the document R -- Review: reviews the document
* - Adjust consecutive order numbering, as applicable
THIS PAGE INTENTIONALLY LEFT BLANK
BOP-03.03 Appendix 2
5-11-17 AP2-1
APPENDIX 2: COORDINATION AND APPROVAL PROCESS FOR MANAGEMENT
AND OPERATING ACTIONS
1. PURPOSE.
a. Ensure compliance with laws, executive orders, regulations, policy issuances and
procedures, and sound business practices. The areas covered by this policy
include, but are not limited to, the following:
(1) Extend/Compete Decisions
(2) Market Research/Requests for Information
(3) Federally Funded Research & Development Center (FFRDC) Designation
Approval
(4) M&O Contract Type Approval
(5) Acquisition Plans
(6) Request for Proposals
(7) Synopsis/Pre-Solicitation Wavier/Review
(8) Small Business Wavier/Review
(9) Amendments and Modifications
(10) Source Evaluation Plans
(11) Negotiation Memorandum
(12) Awards
(13) Protests
(14) Option/Award Term
(15) Buy American Act
(16) Contractor Performance Assessment Reports (CPARs)
(17) Ratifications
(18) Indemnifications
(19) Congressional Notification (311) (Contract Award and/or Contract
Modifications)
Appendix 2 BOP-03.03
AP2-2 5-11-17
(20) Subcontract Consents
(21) Statement of Cost Incurred Claimed (SCIC)
(22) Contract Closeouts
Section 24
b. Provide appropriate checks and balances and reasonable assurances against fraud,
waste, and abuse;
c. Ensure acquisitions are properly planned, based upon clear, performance-based
requirements, and are acquired using sound business practices and judgment,
considering the advice from subject matter experts, as appropriate;
d. Keep decision making and accountability to lowest coordination and approval;
and
e. Promote streamlined acquisition processes consistent with mission, quality, and
regulatory requirements.
2. APPLICABILITY:
a. This Appendix applies to all NNSA personnel that award M&O contracts,
administer the resulting contracts, or otherwise obligate NNSA or non-NNSA
funds, and other personnel involved in processing M&O related contract actions.
b. The dollar amounts specified in this BOP are the aggregate amount of the dollars
related to the basic contract or agreement as well as changes made to that
underlying contract or agreement to date (including all options). This is often
called the potential value of the contract. This definition is consistent with the
threshold definitions in FAR 6.304.
c. For the purpose of this Appendix, the term “contract actions” includes
procurement related actions detailed in Exhibit 1, Management and Operating
contract Coordination and Approval Process Table.
d. Any waiver to the overall policy and procedures in this Appendix must be
requested, in writing, and be specifically approved, in writing, by the Senior
Procurement Executive (SPE). As appropriate, specific actions may be waived by
the Head of the Contracting Activity (HCA). Any waivers not explicitly
identified in the CAP Table at Exhibit 1 of this appendix must be coordinated
through the PCO prior to submittal to the SPE or HCA.
3. REQUIREMENTS:
a. All organizational elements within NNSA responsible for M&O contract actions
and activities (for example, Work For Others, Work Authorization, InterAgency,
InterEntity transactions, etc.), to include personnel administering the M&O
Contract, must comply with the NNSA CAP Table at Exhibit 1 unless they have
BOP-03.03 Appendix 2
5-11-17 AP2-3
obtained a specific written waiver from the SPE or the HCA, in accordance with
paragraph 2.d. above.
b. Contract actions shall not be executed until all the appropriate coordination and
approval steps in this Appendix have been accomplished and the documentation is
filed in the official contract file. Where review from a particular element is
conducted on a random basis, the frequency of sampling will be determined
through a sampling plan, developed by the reviewing office, and approved by the
HCA. The review will take into account the contract and its terms and conditions,
the Contractor and their associated performance history, Procurement System,
historical subcontract reviews, Inspector General Reports, Unallowable Cost
History/Issues, Statement of Costs Incurred Issues, repeat issues addressed in any
of the referenced reports or Contracting Officer letters, and/or risk issues.
c. All contracting professionals must comply with all DOE and NNSA
orders/directives.
d. HCA Coordination and Approval Actions/Activities:
(1) Unless otherwise delegated, the Director, Office of Acquisition
Management, is the HCA for all M&O Contract actions/activities.
Exception: The Deputy Director, Office of Acquisition Management, is
the HCA for all M&O architect and engineering (A&E), construction
capital asset projects, and these actions will coordinated and approved in
accordance with appendix 1 “non-M&O CAP.
Section 25
(2) The HCA reserves the right to require coordination and approval of
actions at their sole discretion, regardless of the estimated dollar value.
(3) Those involved in a review of contract actions may vary depending on the
action. Participation may include Office of General Counsel, small
business, finance, and/or program office representation and other members
as may be appropriate.
(4) HCA approval of M&O Contract actions and subcontracts may be based
on review of documentation as well as strategies, approaches,
methodologies, evaluations, assessments, decisions, and/or formal
briefings received from the Contracting Officer at the HCA’s discretion.
(5) The HCA will provide an approval decision within five working days after
receipt of required supporting documentation. In the event that additional
time is required to review complex or unique requirements, the
Contracting Officer will be notified of the delay, the rationale, and the
expected length of delay.
(6) Contract actions shall not be executed until the appropriate approvals in
this BOP have been received. A record of reviews and approvals shall be
Appendix 2 BOP-03.03
AP2-4 5-11-17
included in every acquisition file.
(7) For the review and approval process, copies of all documentation
supporting the contract action must be submitted to the appropriate office.
M&O documentation and M&O subcontract documentation shall be
submitted to the M&O Contracting Branch. Documents to be submitted
should be supportive of the particular action and the particular acquisition
phase. Actions for which a Contracting Officer from the M&O
Contracting Branch is the action officer, documentation shall be submitted
to the M&O Policy and Oversight Branch for independent review.
4. RESPONSIBILITIES.
a. Head of the Contracting Activity:
(1) Establish policies, processes and procedures for NNSA M&O Contract
actions.
(2) Ensure M&O Contract actions represent sound business decisions for the
NNSA and are supported by quality documentation.
(3) Oversee contracting practices used by organizational elements within
NNSA to ensure compliance with laws, regulations, sound business
practices, and policy.
b. Director, M&O Contracting Division
(1) Coordinate or approve M&O Contract actions identified in Exhibit 1, or
waive approval for specific actions on a case-by-case basis. Approve
actions as delegated by the HCA.
(2) Ensure M&O Contract actions represent sound business decisions for the
NNSA and are supported by quality documentation.
(3) Oversee contracting practices used by organizational elements within
NNSA to ensure compliance with laws, regulations, sound business
practices, and policy.
c. M&O Contracting Branch, M&O Contracting Division (PCO):
(1) Perform the duties as the Procuring Contracting Officer for all M&O
contract awards.
(2) Delegate Administrative Contracting Officer authority to other
Contracting Officers in accordance with FAR subpart 42.3, Contract
Administration Office Functions, and delegate other administrative
functions required by the terms and conditions of the M&O contract in
addition to authority, or limitations, to execute bi-lateral modifications.
BOP-03.03 Appendix 2
5-11-17 AP2-5
(3) Perform independent review/coordination of M&O initiated actions,
provided through the Field Office Contracting Officers, for HCA or SPE
approval. Perform independent review and provide approval of ACO
initiated M&O actions that exceed the M&O Contractor’s and/or Field
Office Contracting Officer approval thresholds as outlined in the latest
Contractor’s Purchasing System Approval Letter and/or the ACO Letter of
Delegation.
Section 26
(4) Ensure M&O Contract actions represent sound business decisions for
NNSA and reflect high quality work products.
(5) Forward relevant M&O documents to the HCA or SPE for coordination or
approval in accordance with this BOP. Resolve any conflicts between
ACOs as it relates to the term and conditions, contractor purchasing
system approvals, or other actions under an M&O contract. If such
actions cannot be resolved to the satisfaction of either ACO, the ACOs
may request a final determination by the M&O HCA.
(6) The Office of Acquisition Management, M&O Contracting Branch, is the
“Contracting Office” as defined at FAR Part 2.101 and its Contracting
Officers have responsibility for entering into, administering, and/or
terminating contracts and for making related determination and findings.
d. M&O Policy and Oversight Branch will perform independent review/coordination
of PCO initiated M&O contract actions requiring HCA or SPE approval.
e. The Office of General Counsel (NA-GC) will provide a single set of coordinated
comments regarding legal, fiscal and patent input (subject to the Contracting
Officer duties in paragraph 4.g.(6) below).
f. Contracting Officers, whether assigned under the Office of Acquisition
Management, APM, or the Field Office:
(1) Perform all duties as delegated by the PCO within the limits of their
warrant authority.
(2) Ensure Contract actions are reviewed and receive the level of coordination
and approval as required in Exhibit 1 of this Appendix.
(3) Ensure costs incurred under the M&O contract are allocable, allowable,
and reasonable in accordance with Contract requirements, the FAR and
DOE FAR Supplement.
(4) Ensure complete file copies of file documentation are submitted to the
M&O Contracting Branch or M&O Policy and Oversight Branch, for
review by the HCA or SPE, as required in Exhibit 1 of this Appendix.
(5) Execute, to the maximum extent possible, Contract actions in a manner
Appendix 2 BOP-03.03
AP2-6 5-11-17
that precludes the need for expedited review under this CAP.
(6) Notify the reviewing attorney prior to issuance of the action, of
substantive or fundamental changes that are made to the package after
legal review occurs. The reviewing attorney will ensure the legal
sufficiency of the action is not impacted. Resolve comments received,
unless approval at a higher level is required in Exhibit 1 of this Appendix.
The CO has the authority to resolve comments unless approval at a higher
level is required, in which case the approval authority must agree with the
disposition of comments.
(7) Ensure the timely processing/closing out of the M&O Contractor’s yearly
Statement of Cost Incurred Claimed (SCIC).
(8) Ensure contract actions requiring approval have been fully coordinated
through appropriate functional experts prior to submission to the HCA or
SPE for approval.
(9) Contracting Officers at the Field Offices or other locations are ACOs as
defined in FAR 2.101 and are limited by both their warrants and
delegations from the Procuring Contracting Officer (PCO).
5. CONTACT. Manager, M&O Operations Division, 202-586-8838.
Exhibit 1: Management and Operating Contract Coordination and Approval Process Table
BOP-03.03 Appendix 2 Exhibit 1
5-11-17 AP2E1-1
APPENDIX 2, EXHIBIT 1: MANAGEMENT AND OPERATING CONTRACT COORDINATION AND APPROVAL
PROCESS TABLE
ACTION CODES:
A - Approval
C - Concurrence
N – Notification
P – Preparation
R - Review & Comment
S - Signature
Section 27
Numbers beside the letters (e.g., C1, A2) reflect
order in which to accomplish actions. Numbers
within parenthesis, e.g. (1) indicate notes which are
located at the end of the table. Sm
al
l B
us
in
es
s
Pr
og
ra
m
M
an
ag
er
(1
)
C
om
pe
tit
io
n
A
dv
oc
at
e
C
on
tr
ac
t S
pe
ci
al
is
t
A
dm
in
C
on
tr
ac
tin
g
O
ffi
ce
r (
A
C
O
) (
2)
(3
)
Pr
oc
ur
em
en
t C
on
tr
ac
tin
g
O
ffi
ce
r
(P
C
O
) (
2)
, (
3)
So
ur
ce
S
el
ec
tio
n
A
ut
ho
rit
y
(S
SO
)
G
en
er
al
C
ou
ns
el
(L
eg
al
) (
4)
Fi
el
d
O
ffi
ce
M
an
ag
er
In
de
pe
nd
en
t
an
d/
or
P
C
O
R
ev
ie
w
(5
)
H
ea
d
of
th
e
C
on
tr
ac
tin
g
A
ct
iv
ity
(H
C
A
)
Se
ni
or
P
ro
cu
re
m
en
t E
xe
cu
tiv
e
(S
PE
)
D
ep
ut
y
or
A
ss
oc
ia
te
A
dm
in
is
tr
at
or
N
N
SA
A
dm
in
is
tr
at
or
A
ge
nc
y
H
ea
d
(D
O
E)
N
N
SA
E
xt
er
na
l A
ffa
irs
I. EXTEND/COMPETE (2)(3)
Market Research or Request for Information
(Ref: FAR 5.2 & 5.205(c), DOE Acq Guide Ch 10 )
P1 P2
A7
N3 C4
(18)
N5 N7 N8 N6
Extend Determination
(Ref: DEAR 970.1706-1)
P1 P2
R3 R4 R5 C6 C7 C8 C9 A/S11 N10
Compete Determination P1 P2
R3 R4 R5 C6 C7 C8 A9 N9 N9
Federally Funded R&D Center Designation (6)
(Ref FAR 35.017 & DEAR 970.3501)
P1 P2
R3 R5 C7 A/S8
M&O Contract Type
(Ref: DEAR 970.1504-1-4) (17)
P1 P2 R3 R4 R5 C7 A/S8
II. PRESOLICITATION (2)(3)(6)
Acquisition Plan
(Ref: FAR 7.103, DOE Acq Guide 7.1 )
R4 R3 P1 P2
S10
C7 R5 R6(18)
C9
A8
Justification of Other than Full & Open
Competition
(Ref: FAR 6.302 and DOE Acq Guide 5.2)
R5 P1 P2
R6 R4 R3 C7 A8 C9
(20)
S10
(20)
Synopsis/Pre-solicitation Notice
(Ref: FAR 5.204) (19)
P1 P2
A/S6
C5 N4 R3 N4 N7 N7 N7
Appendix 2 Exhibit 1 BOP-03.03
AP2E1-2 5-11-17
ACTION CODES:
A - Approval
C - Concurrence
N – Notification
P – Preparation
R - Review & Comment
S - Signature
Numbers beside the letters (e.g., C1, A2) reflect
order in which to accomplish actions. Numbers
within parenthesis, e.g. (1) indicate notes which are
located at the end of the table. Sm
al
l B
us
in
es
s
Pr
og
ra
m
M
an
ag
er
(1
)
C
om
pe
tit
io
n
A
dv
oc
at
e
C
on
tr
ac
t S
pe
ci
al
is
t
A
dm
in
C
on
tr
ac
tin
g
O
ffi
ce
r (
A
C
O
) (
2)
(3
)
Pr
oc
ur
em
en
t C
on
tr
ac
tin
g
O
ffi
ce
r
(P
C
O
) (
2)
, (
3)
So
ur
ce
S
el
ec
tio
n
A
ut
ho
rit
y
(S
SO
)
G
en
er
al
C
ou
ns
el
(L
eg
al
) (
4)
Fi
el
d
O
ffi
ce
M
an
ag
er
In
de
pe
nd
en
t
an
d/
or
P
C
O
R
ev
ie
w
(5
)
H
ea
d
of
th
e
C
on
tr
ac
tin
g
A
ct
iv
ity
(H
C
A
)
Se
ni
or
P
ro
cu
re
m
en
t E
xe
cu
tiv
e
(S
PE
)
D
ep
ut
y
or
A
ss
oc
ia
te
A
dm
in
is
tr
at
or
N
N
SA
A
dm
in
is
tr
at
or
A
ge
nc
y
H
ea
d
(D
O
E)
N
N
SA
E
xt
er
na
l A
ffa
irs
Source Selection Authority
(Ref: DOE Acq Guide 15.1; Topic II)
P1 R2 C3 S5 N4
Source Selection Board Designation
(Ref: DOE Acq Guide 15.1; Topic III)
P1 P2 S5 R3 C3 N4
Small Business Review(1) C3 P1 C2 R4 A5
Draft Request for Proposal
(Ref: DOE Acq Guide 15.1; Topic X)
P1 P2
S12
C3 R5
(5)
R4 A6 N7 N8 N9 N8
III. SOLICITATION(2)(3)(6)
Final Request for Proposal P1 P2
S8
C3 R5 (5) R4 A6 N7 N9 N10
Amendment(s) P1 P2
S7
C3 R5 R4 C6
Org Conflict of Interest(7)
(Ref: DEAR 970.0371, DEAR 970.09, & DOE Acq Guide 9.1)
P1 P2
A6
C4 R3 N5
Section 28
Selection and Evaluation Plan
(Ref: DOE Acq Guide Ch 15.1)
P1 P2
S7
A6 R4 R3 C5
Competitive Range Determination P1 P2
S7
C6
R4 R3 C5
Pre and Post Negotiation Plans P1 P2
S7
C6 R4 R3 C5
Final Source Selection Evaluation Report
(Ref: DOE Acq Guide Ch 1.4 & 15.1)
P1 P2
A6 R4 R3 C5
Source Selection Decision Document P1 P2 P3 R4 R5 C6
BOP-03.03 Appendix 2 Exhibit 1
5-11-17 AP2E1-3
ACTION CODES:
A - Approval
C - Concurrence
N – Notification
P – Preparation
R - Review & Comment
S - Signature
Numbers beside the letters (e.g., C1, A2) reflect
order in which to accomplish actions. Numbers
within parenthesis, e.g. (1) indicate notes which are
located at the end of the table. Sm
al
l B
us
in
es
s
Pr
og
ra
m
M
an
ag
er
(1
)
C
om
pe
tit
io
n
A
dv
oc
at
e
C
on
tr
ac
t S
pe
ci
al
is
t
A
dm
in
C
on
tr
ac
tin
g
O
ffi
ce
r (
A
C
O
) (
2)
(3
)
Pr
oc
ur
em
en
t C
on
tr
ac
tin
g
O
ffi
ce
r
(P
C
O
) (
2)
, (
3)
So
ur
ce
S
el
ec
tio
n
A
ut
ho
rit
y
(S
SO
)
G
en
er
al
C
ou
ns
el
(L
eg
al
) (
4)
Fi
el
d
O
ffi
ce
M
an
ag
er
In
de
pe
nd
en
t
an
d/
or
P
C
O
R
ev
ie
w
(5
)
H
ea
d
of
th
e
C
on
tr
ac
tin
g
A
ct
iv
ity
(H
C
A
)
Se
ni
or
P
ro
cu
re
m
en
t E
xe
cu
tiv
e
(S
PE
)
D
ep
ut
y
or
A
ss
oc
ia
te
A
dm
in
is
tr
at
or
N
N
SA
A
dm
in
is
tr
at
or
A
ge
nc
y
H
ea
d
(D
O
E)
N
N
SA
E
xt
er
na
l A
ffa
irs
IV. AWARD(2)(3)(6)
Contract Award P1 P2
S10
C3 R5 N8 R4 C6 N7 N8 N9 N7
Letter Contract (Approval for Use) P1
S4
. R2 A3
Protest (8)
(Ref: DOE Acq Guide Ch 33.1)
GAO Level Protest
P2 P3
N1
C4
N1,
N5
N1 N1
Agency Report P1 R2 C3 R4 N5 N5
Decision to Continue with
Award/Performance
P1 R2 C3 A6 C4 N8 C5 N9 N7
Decision not to Comply with GAO
Recommendation
P1 R2 C3 A6 C4 N7 C5 N8 N9
V ADMINISTRATION
Purchasing System Approval(9)
(Ref: DEAR 970.4401-1, 970.4401-3, 970.4402, & DOE Acq Guide 70.7 (Ch 10)
& 70.44)
P1 A3 R2
85-804 Indemnification
(Ref: FAR 50.102-1[d])
P1
S9
P2 C3 R4 R5
(18)
C6 C7 A8
Appendix 2 Exhibit 1 BOP-03.03
AP2E1-4 5-11-17
ACTION CODES:
A - Approval
C - Concurrence
N – Notification
P – Preparation
R - Review & Comment
S - Signature
Numbers beside the letters (e.g., C1, A2) reflect
order in which to accomplish actions. Numbers
within parenthesis, e.g. (1) indicate notes which are
located at the end of the table. Sm
al
l B
us
in
es
s
Pr
og
ra
m
M
an
ag
er
(1
)
C
om
pe
tit
io
n
A
dv
oc
at
e
C
on
tr
ac
t S
pe
ci
al
is
t
A
dm
in
C
on
tr
ac
tin
g
O
ffi
ce
r (
A
C
O
) (
2)
(3
)
Pr
oc
ur
em
en
t C
on
tr
ac
tin
g
O
ffi
ce
r
(P
C
O
) (
2)
, (
3)
So
ur
ce
S
el
ec
tio
n
A
ut
ho
rit
y
(S
SO
)
G
en
er
al
C
ou
ns
el
(L
eg
al
) (
4)
Fi
el
d
O
ffi
ce
M
an
ag
er
In
de
pe
nd
en
t
an
d/
or
P
C
O
R
ev
ie
w
(5
)
H
ea
d
of
th
e
C
on
tr
ac
tin
g
A
ct
iv
ity
(H
C
A
)
Se
ni
or
P
ro
cu
re
m
en
t E
xe
cu
tiv
e
(S
PE
)
D
ep
ut
y
or
A
ss
oc
ia
te
A
dm
in
is
tr
at
or
N
N
SA
A
dm
in
is
tr
at
or
A
ge
nc
y
H
ea
d
(D
O
E)
N
N
SA
E
xt
er
na
l A
ffa
irs
Contract Modification(5)(12)
(Ref: DOE Acq Guide 15.4-1 & Ch 43)
P1
S5
R2 (3) R3 A4
Subcontract Consent(5)(10)(16)
Subcontract Consent greater than Administrative
Threshold (10)
(Ref: DEAR 970.4401-2 & DOE Acq Guide 70.7 Ch 10)
P1
P2
P1
R2
Section 29
S/A3
S/A3
Determination of Allowable/Unallowable Costs-
(11)(4)(22)
P1
S3
R2
Notification/Communication to
Contractor by CO of DOE IG
Report and questioned costs
review
P1
A2
Determine Allowable/
Unallowable Costs for Year
Covered under SCIC
P1
S2
Close out SCIC Report with
DOE IG
(Ref: DEAR 970.31, DEAR 970.4207, & DOE Acq Guide Ch 31, 70.7 (Ch 7))
P1
S3
R2 A4(18)
BOP-03.03 Appendix 2 Exhibit 1
5-11-17 AP2E1-5
ACTION CODES:
A - Approval
C - Concurrence
N – Notification
P – Preparation
R - Review & Comment
S - Signature
Numbers beside the letters (e.g., C1, A2) reflect
order in which to accomplish actions. Numbers
within parenthesis, e.g. (1) indicate notes which are
located at the end of the table. Sm
al
l B
us
in
es
s
Pr
og
ra
m
M
an
ag
er
(1
)
C
om
pe
tit
io
n
A
dv
oc
at
e
C
on
tr
ac
t S
pe
ci
al
is
t
A
dm
in
C
on
tr
ac
tin
g
O
ffi
ce
r (
A
C
O
) (
2)
(3
)
Pr
oc
ur
em
en
t C
on
tr
ac
tin
g
O
ffi
ce
r
(P
C
O
) (
2)
, (
3)
So
ur
ce
S
el
ec
tio
n
A
ut
ho
rit
y
(S
SO
)
G
en
er
al
C
ou
ns
el
(L
eg
al
) (
4)
Fi
el
d
O
ffi
ce
M
an
ag
er
In
de
pe
nd
en
t
an
d/
or
P
C
O
R
ev
ie
w
(5
)
H
ea
d
of
th
e
C
on
tr
ac
tin
g
A
ct
iv
ity
(H
C
A
)
Se
ni
or
P
ro
cu
re
m
en
t E
xe
cu
tiv
e
(S
PE
)
D
ep
ut
y
or
A
ss
oc
ia
te
A
dm
in
is
tr
at
or
N
N
SA
A
dm
in
is
tr
at
or
A
ge
nc
y
H
ea
d
(D
O
E)
N
N
SA
E
xt
er
na
l A
ffa
irs
Option Exercise
(Ref: DEAR 970.1706-1(b) and DOE Acq Guide 70.7 (Ch 5))
P1
S9
R4 C2 R3 C5 A7 C6 A8 N10
Award Term
(Ref: DOE Acq Guide Ch 70.15)
(*Approving Official for Award Term is FDO)
P1
S4
C2 A3
Buy American Act < $1M R1/A2
Buy American Act > $1M R1 R2 A3
CPARs P1/S4 R2 C3
M&O Personal Property Actions: (See Appendix 4)
Ratification (<$25K)
Ratification ($25K and above)
(Ref: DEAR 901.602-3)
P1
S6
P1
R2
S10
C3(5)
C3
N2
N2
C4
C4
A5
C5
C6
C7
C8
A9
Contract Termination
(Ref: DEAR 970.2306 & DEAR 949)
P1 P2
S10
R5(5) C3 C4 R6 R7 R8 A9 N11
Appendix 2 Exhibit 1 BOP-03.03
AP2E1-6 5-11-17
ACTION CODES:
A - Approval
C - Concurrence
N – Notification
P – Preparation
R - Review & Comment
S - Signature
Numbers beside the letters (e.g., C1, A2) reflect
order in which to accomplish actions. Numbers
within parenthesis, e.g. (1) indicate notes which are
located at the end of the table. Sm
al
l B
us
in
es
s
Pr
og
ra
m
M
an
ag
er
(1
)
C
om
pe
tit
io
n
A
dv
oc
at
e
C
on
tr
ac
t S
pe
ci
al
is
t
A
dm
in
C
on
tr
ac
tin
g
O
ffi
ce
r (
A
C
O
) (
2)
(3
)
Pr
oc
ur
em
en
t C
on
tr
ac
tin
g
O
ffi
ce
r
(P
C
O
) (
2)
, (
3)
So
ur
ce
S
el
ec
tio
n
A
ut
ho
rit
y
(S
SO
)
G
en
er
al
C
ou
ns
el
(L
eg
al
) (
4)
Fi
el
d
O
ffi
ce
M
an
ag
er
In
de
pe
nd
en
t
an
d/
or
P
C
O
R
ev
ie
w
(5
)
H
ea
d
of
th
e
C
on
tr
ac
tin
g
A
ct
iv
ity
(H
C
A
)
Se
ni
or
P
ro
cu
re
m
en
t E
xe
cu
tiv
e
(S
PE
)
D
ep
ut
y
or
A
ss
oc
ia
te
A
dm
in
is
tr
at
or
N
N
SA
A
dm
in
is
tr
at
or
A
ge
nc
y
H
ea
d
(D
O
E)
N
N
SA
E
xt
er
na
l A
ffa
irs
VI. CLOSEOUT(2)(3)(May be delegated to Field CO)
Pension Plan(13)
(Ref: Appendix 3)
P1 R2
A/S4
R3
Personal Property(14) P1 R2
A/S3
Financial Reporting(15) P1 R2
A/S3
OTHER:
Potential Procurement Integrity Act Violation
(Ref: DOE Acq Guide 3.1)
Section 30
P1 C2 C3
BOP-03.03 Appendix 2 Exhibit 1
5-11-17 AP2E1-7
(1) The Small Business Program Manager will coordinate with OSDBU as required.
(2) The Contracting Officer (CO) will ensure authorized actions are executed.
(3) The Contracting Officer shall consult with appropriate Subject Matter Expert (SM) ME such as OFFM, legal
and any other expert as part of their determination and local process
(4) Actions originating at the Field Office level shall be reviewed by Field Office Counsel. General Counsel will
coordinate with Patent Counsel. The Field CO may coordinate directly with Patent Counsel.
(5) Independent Review will be conducted by the M&O contracting Branch. In the case of actions executed by
the M&O Contracting Branch, independent review will be conducted by the M&O Policy and Oversight
Branch. In reference to subcontract consent packages: when a subcontract consent package is reviewed
by the M&O Contracting Branch, the Manager of the M&O Contracting Branch shall approve the package
before the file leaves the office. Where other modifications follow a different coordination and approval
process, those modifications will follow that process (i.e. key personnel changes and award term
modifications would be exempt from independent review and HCA review)
(6) For laboratory procurements only. FFRDC must be done every 5 years.
(7) If Organization Conflicts of Interests cannot be resolved by the CO, then it must be elevated to the Head of
Contracting Activity (HCA).
(8) Will be worked in conjunction with General Counsel.
(9) The Contractor’s purchasing system may be reviewed by the PCO by random sampling of various
subcontracts types, subcontract actions, and/or subcontract file documentation.
(10) A subcontract that exceeds the Administrative Contracting Officer (ACO) approval shall be approved by the
M&O Contracting Branch PCO.
(11) Legal review is discretionary. An independent review will be completed when requested by the HCA.
(12) Funding Modifications do not required independent and legal review. Terms and Condition Modifications
based on FAR and DEAR published changes; and Departmental Directives Modifications require field peer
review only. All other modifications that are beyond the Administrative Authorities granted under FAR
42.302 must have a field peer review and must be reviewed and coordinated with the M&O Contracting
Branch PCO.
(13) Must be reviewed and coordinated with the Contractor Human Resource Branch.
(14) Must be reviewed and coordinated with the Personal Property Branch.
(15) Must be reviewed and coordinated with the Chief Financial Officer (CFO) office.
(16) All Architect-Engineering, Construction/Capital Asset Project actions conducted under M&O contracts must
be reviewed and approved in accordance with Appendix 1 (Non-M&O CAP Policy) Exhibit 1 of this BOP.
(17) Must be done at appropriate intervals, but not less than once every five years.
(18) HCA delegated to Director, NA-APM-13.
(19) Notification must take place before issuance.
(20) If rationale is 6.302-Public Interest
(21) Award Term Approved by Fee Determining Official (FDO). If FDO delegated to NA-2, then NA-2 is A3.
(22) The determination of allowable/unallowable costs includes those costs under Statement of Cost Incurred
Claimed (SCIC), as well as any other cost allowability determinations that may arise outside of the SCIC.
Appendix 2 Exhibit 1 BOP-03.03
AP2E1-8 5-11-17
SAMPLE
Section 31
COORDINATION & APPROVAL DOCUMENT
TITLE OF DOCUMENT:
(Document should be titled to reflect the particular CAP Action to include
the Total Estimated Dollar Value)
Document No.
Estimated Value $_______
Modification/Amendment Number
DESCRIPTION:
(The description should adequately describe the specific requirement and
ultimate Program Office)
Office:
Section/Branch:
Program Office: _______
POC Name and Telephone Number:
You are requested to review the attached document and indicate your coordination/approval in the space provided.
Comments/Non-concurring statements should be attached on a separate sheet. Check appropriate box for comments.
COORDINATING/APPROVING OFFICE
(Note: A sample solicitation action is
below. You must include the appropriate
order required by each specific action.)
ORDER SIGNATURE COMMENTS
ATTACHED?
DATE
Contract Specialist P1
Contracting Officer C2/S6 Yes No
1 level above the Contracting Officer (if
CO is the substantial preparer)
* Yes No
Independent Review C3 Yes No
Patent Counsel (OGC) C4 Yes No
Legal Counsel (OGC) C5 Yes No
Head of the Contracting Activity A6
LEGEND FOR ORDER: The numbers reflect the order in which to accomplish the review, coordination and approval.
P – Preparation: prepares the document N – Notification: proper notification provided
C – Coordination: coordinates & reviews S – Signature: signs/executes the document
A – Approval: approves the document
BOP-03.03 Appendix 3
5-11-17 AP3-1
APPENDIX 3: COORDINATION AND APPROVAL PROCESS FOR CONTRACTOR
HUMAN RESOURCES POLICY ACTIONS
1. PURPOSE.
a. Provide business and operating guidance relative to oversight and administration
of contractor human resources (CHR) activities. Consistent with the National
Nuclear Security Administration (NNSA) Functional Matrix, Headquarters NNSA
through the Senior Procurement Executive (SPE), issues guidance to facilitate
consistent CHR administration and oversight by NNSA Site Offices and for the
effective/efficient support of CHR activities by the NNSA Service Center. This
policy supplements other Department of Energy (DOE) policy related to CHR. If
the requirements in this BOP conflict with a specific DOE or NNSA topical
directive, the topical directive requirements will govern. The CHR areas covered
by this policy include, but are not limited to the following:
• Labor Relations
• Labor Standards
• Contractor Workforce Restructuring – Reductions and Increases in
Contractor Employment
• Compensation, including Variable Pay, Executive Compensation and
Incentive Programs
• Employee Benefits
• Retiree Benefits/Pensions
• Critical Skills
• Severance
• Workforce Planning
• Insurance and Risk Management
• Formation of CHR Provisions in M&O Contracts
• Headquarter (HQ) Assignments
• Review Contractors’ Equal Employment Opportunity Plans
b. Ensure compliance with laws, Executive orders, regulations, policy issuances and
procedures, and sound business practices;
Appendix 3 BOP-03.03
AP3-2 5-11-17
c. Provide appropriate checks and balances, and reasonable assurances against fraud,
waste, and abuse;
d. Facilitate the exercise of sound business judgment;
e. Drive down decision-making by using risk based coordination and approvals; and,
f. Promote expeditious completion of CHR actions consistent with quality and
regulatory requirements.
2. APPLICABILITY.
Section 32
NNSA Personnel. Except for the Office of Naval Reactors this Business Operating
Process (BOP) applies to all NNSA personnel that administer, oversee, or support the
oversight of NNSA management and operating (M&O) contracts or other contracts in
which the DOE/NNSA is the only reimbursement source for contractor employee
benefits. For the purpose of this BOP, the term “CHR actions” includes procurement and
CHR related actions detailed in the Appendix 3 Exhibit 1, Approval of Contractor Human
Resources Actions Table.
3. REQUIREMENTS.
a. All organizational elements within NNSA, responsible for contract and CHR
actions, must comply with the Attachment.
b. Contract actions and notifications to contractors shall not be executed until the
appropriate approvals in this Policy Letter have been accomplished. A record of
Reviews and Approvals shall be included with every action and maintained in the
official contract file.
4. RESPONSIBILITIES.
a. Director, Office of Acquisition Management (NA-APM-10) will:
(1) Establish policy for approval of contract and CHR actions within NNSA.
(2) Facilitate consistent oversight and administration of contractor human
resources activities throughout the National Security Enterprise.
(3) Approve contract and CHR actions identified for HQ approval in the
Attachment, or waive approval.
b. Office of Acquisition Management, Contractor Human Resources Branch
(CHRB) will:
(1) Implement this BOP throughout the NNSA.
(2) Provide effective, professional, technical advice and assistance to NNSA
BOP-03.03 Appendix 3
5-11-17 AP3-3
Leadership and Field Offices in support of this policy, and oversight and
administration of NNSA CHR activities.
c. Field Office Managers/Deputy Field Managers/Business Managers will:
(1) Implement this BOP for contract and CHR actions under their cognizance.
(2) Submit requests for deviations from this policy to NA-APM-10 through
CHRB.
d. NNSA Office of General Counsel will coordinate all legal input, to ensure a
comprehensive set of advisory comments.
e. NNSA Deputy Administrators and Associate Administrators for Headquarters’
Program Offices will coordinate all programmatic input to ensure a
comprehensive set of advisory comments.
f. Contracting Officers will:
(1) Ensure that contract and CHR actions are reviewed, coordinated, and
approved in accordance with this BOP.
(2) Communicate with NNSA contractors decisions regarding CHR activities.
(3) Memorialize CHR decisions through contract modifications or other
Contracting Officer signed documents as appropriate.
5. REFERENCES.
a. 5 C.F.R. Part 334 – Temporary Assignment of Employees Between Federal
Agencies and State, Local, and Indian Tribal Governments, Institutions of Higher
Education, and Other Eligible Organizations
b. DOE Order 311.1B, Equal Opportunity and Diversity Program
c. DOE Order 350.2B, Use of Management and Operating or Other Facility
Management Contractor Employees for Services to DOE in the Washington,
D.C., Area
d. NNSA SD O 350.1, Management and Operating Contractor Service Credit
Recognition
e. NNSA SD 350.2, Use of Management and Operating Contractor Employees for
Services to NNSA in the Washington D.C. Area
f. Acquisition Letter 2013-01 – Contractor Domestic Extended Personnel
Assignments
Appendix 3 BOP-03.03
AP3-4 5-11-17
g. Acquisition Letter 2013-04 Contractor Executive Compensation
h. Daniel B. Poneman Letter on New Policies for Department of Energy Contractor
Defined-Benefit Pension Plans
Section 33
i. May 5, 2011 Secretary Chu Guidance on Workforce Restructuring Policy and
Subsequent Delegations
6. CONTACT. Manager, Contractor Human Resources Branch, at (505) 845-6274.
Exhibit 1: Approval of Contractor Human Resources Actions Table
BOP-03.03 Appendix 3 Exhibit 1
5-11-17 AP3E1-1
APPENDIX 3 EXHIBIT 1: APPROVAL OF CONTRACTOR HUMAN RESOURCES
ACTIONS TABLE
ACTION CODES:
A - Approval
R - Review & Comment
C - Concurrence
SME – Responsible party
S - Signature
N – Notification 1
Numbers beside the letters (e.g.,
C1, A2) reflect order in which to
accomplish actions. N
N
SA
G
en
er
al
C
ou
ns
el
(H
Q
) 2
Fi
el
d
O
ff
ic
e
M
an
ag
er
s,
or
de
si
gn
ee
n
ot
lo
w
er
th
an
B
us
in
es
s M
gr
.
C
on
tra
ct
in
g
O
ff
ic
er
C
on
tra
ct
or
H
um
an
R
es
ou
rc
es
B
ra
nc
h
H
ea
d
of
C
on
tra
ct
in
g
A
ct
iv
ity
Se
ni
or
P
ro
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m
en
t
Ex
ec
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e
A
dm
in
is
tra
to
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Se
cr
et
ar
y
of
E
ne
rg
y
N
N
SA
E
xt
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l A
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ai
rs
Pr
og
ra
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ff
ic
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,
Pr
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e
1. LABOR RELATIONS 3
a. Contractor collective bargaining
agreements and determination of
allowable parameters prior to
commencement of negotiations
where no precedence setting issues
are present.
C2 A5/
S4
SME1 N3 N3
b. Contractor collective bargaining
agreements and determination of
allowable parameters prior to
commencement of negotiations
where precedence setting issues are
present.
R4 C2 S6 SME1 A5 C3 4
c. Where changes to employee
benefits to increase costs are
contemplated
R3 C2 S6 SME1 A4 C2
2. LABOR STANDARDS
a. Determination of appropriate
labor standards.
A1
b. Wage determinations under the
Construction Wage Rate
Requirements statute (formerly
known as the Davis-Bacon Act) and
Service Contract Labor Standards
(formerly known as the Service
Contract Act of 1965)
A1
c. Investigate complaints SME1
/S3
C2
3. REDUCTIONS IN
CONTRACTOR
EMPLOYMENT 5
a. General Workforce
Restructuring Plan
C5 SME1 C2 C3 C4 C7 A8 N9 C6
b. Voluntary Separations ≤ 499 C3 C2 C2 SME1 A4 N6 N7 N7 R5
c. Voluntary Separations ≥ 500 C3 C2 C2 SME1 C4 N6 A7 6 N7 C5
Appendix 3 Exhibit 1 BOP-03.03
AP3E1-2 5-11-17
ACTION CODES:
A - Approval
R - Review & Comment
C - Concurrence
SME – Responsible party
S - Signature
N – Notification 1
Numbers beside the letters (e.g.,
C1, A2) reflect order in which to
accomplish actions. N
N
SA
G
en
er
al
C
ou
ns
el
(H
Q
) 2
Fi
el
d
O
ff
ic
e
M
an
ag
er
s,
or
de
si
gn
ee
n
ot
lo
w
er
th
an
B
us
in
es
s M
gr
.
C
on
tra
ct
in
g
O
ff
ic
er
C
on
tra
ct
or
H
um
an
R
es
ou
rc
es
B
ra
nc
h
H
ea
d
of
C
on
tra
ct
in
g
A
ct
iv
ity
Se
ni
or
P
ro
cu
re
m
en
t
Ex
ec
ut
iv
e
A
dm
in
is
tra
to
r
Se
cr
et
ar
y
of
E
ne
rg
y
N
N
SA
E
xt
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ff
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rs
Pr
og
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,
Pr
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d. Involuntary Separations < 100
employees 7
N2 N1 SME1 N1 N2* N2 N2
e. Involuntary Separations > 100 <
200 employees
C2 A3 S5 SME1 C2* N4 N48 N4 N4
f. Involuntary Separations > 200 <
500 employees
C3 C1 C1 SME1 A5 N4 N4 9 N4 N2
g. Involuntary Separations > 500
employees
C3 C1 C1 SME1 C4 N5 A7
10
N5 N5 C2
4. COMPENSATION
a. Initial Compensation program
design
S/A3 SME1
C2
N4
b. Annual Compensation Increase
Packages
C2 S/A5 SME1 C3* C4 11
Section 34
c. Individual compensation of top
contract official and key personnel
upon initial contract award and top
contractor official annually and key
personnel when replaced – within
6/10% parameters
C2 S/A3 SME1 N4
d. Individual compensation of top
contract official and key personnel
upon initial contract award and top
contractor official annually and key
personnel when replaced –– outside
6/10% parameters
C2 S4 SME1 A3*
e. Incentive Plan R3 S5 SME1
/C2
A4*
f. Changes to the compensation
program design
C3 S/A4 SME1
/C2
5. BENEFITS
a. Contractor Benefit Plans (initial
and revisions)
R2 N4 S/A5 SME1 C3* N3
b. Contractor Benefit Plans (to
include revisions) which establish
precedence or increase long-term
liabilities
R2 C3 S6 SME1 A4 N5 N5 N3
c. Ben/Val – Comparator
Companies
A/S3 SME1 N2*
BOP-03.03 Appendix 3 Exhibit 1
5-11-17 AP3E1-3
ACTION CODES:
A - Approval
R - Review & Comment
C - Concurrence
SME – Responsible party
S - Signature
N – Notification 1
Numbers beside the letters (e.g.,
C1, A2) reflect order in which to
accomplish actions. N
N
SA
G
en
er
al
C
ou
ns
el
(H
Q
) 2
Fi
el
d
O
ff
ic
e
M
an
ag
er
s,
or
de
si
gn
ee
n
ot
lo
w
er
th
an
B
us
in
es
s M
gr
.
C
on
tra
ct
in
g
O
ff
ic
er
C
on
tra
ct
or
H
um
an
R
es
ou
rc
es
B
ra
nc
h
H
ea
d
of
C
on
tra
ct
in
g
A
ct
iv
ity
Se
ni
or
P
ro
cu
re
m
en
t
Ex
ec
ut
iv
e
A
dm
in
is
tra
to
r
Se
cr
et
ar
y
of
E
ne
rg
y
N
N
SA
E
xt
er
na
l A
ff
ai
rs
Pr
og
ra
m
O
ff
ic
eO
pe
ra
tio
ns
,
Pr
og
ra
m
O
ff
ic
e
d. Corrective Action Plans C2 S5 SME1 A3 N3
e. Determination to allow
reimbursement above the 105% 12
C2 S6 SME1 A4 R3
f. Adoption of corporate benefit
programs
R3 C2 S5 SME1 A4
g. Approval of contractor's
methodology for evaluating welfare
benefits programs
C2 S4 SME1 A3
h. Initial proposals for self-
insurance of health and
welfareplans and worker’s
compensation plans.
S/A3 SME1
/C2
N3
j. Contract insurance and other
benefits program clauses
R2 A4 SME1
/C2
C3
k. Severance Plans and contractor
specified notification & payment in-
lieu-of notification
C3 N2 S6 SME1
/C3
A5 N4
6. CONTRACTOR PENSION
PLANS (6)
a. Changes in contractor pension
plans
C3 C2 S5 SME1 A4
b. Reimbursement of contractor
pension plan costs (including
contributions in excess of minimum
required contribution)
S/A7 SME1 C2 C5
13
c. Final settlement of assets and
liabilities for closed plans
C3 C2 S7 SME1 A5 N6 N6 N4
d. Settlements when plans are
modified or terminated, fully or
partially
C3 C2 S9 SME1 A8 N4 N6 N7 N5
e. Contract provisions regarding
pension plans
C3 C2/S6 SME1 A4 N5
f. Consign assets when contractors
are replaced, portion of existing
plan is spun off, or plan terminates
fully or partially
C2 N4 S5 SME1 A3 N4
Appendix 3 Exhibit 1 BOP-03.03
AP3E1-4 5-11-17
ACTION CODES:
A - Approval
R - Review & Comment
C - Concurrence
SME – Responsible party
S - Signature
N – Notification 1
Numbers beside the letters (e.g.,
C1, A2) reflect order in which to
accomplish actions. N
N
SA
G
en
er
al
C
ou
ns
el
(H
Q
) 2
Fi
el
d
O
ff
ic
e
M
an
ag
er
s,
or
de
si
gn
ee
n
ot
lo
w
er
th
an
B
us
in
es
s M
gr
.
C
on
tra
ct
in
g
O
ff
ic
er
C
on
tra
ct
or
H
um
an
R
es
ou
rc
es
B
ra
nc
h
H
ea
d
of
C
on
tra
ct
in
g
A
ct
iv
ity
Se
ni
or
P
ro
cu
re
m
en
t
Ex
ec
ut
iv
e
A
dm
in
is
tra
to
r
Se
cr
Section 35
et
ar
y
of
E
ne
rg
y
N
N
SA
E
xt
er
na
l A
ff
ai
rs
Pr
og
ra
m
O
ff
ic
eO
pe
ra
tio
ns
,
Pr
og
ra
m
O
ff
ic
e
g. Contract treatment of separate
and commingled pension plans
where DOE/NNSA has continued
long-term involvement
C3 C2 S6 SME1 A4 N5
7. RISK MANAGEMENT &
LIABILITY PROGRAMS
a. Contractor liability insurance
programs
R2 S/A3 SME1
8. CONTRACTOR
WORKPLACE SUBSTANCE
ABUSE PROGRAMS
SME1
/S/ A3
C2
9. EMPLOYEE ASSISTANCE
PROGRAMS
SME1
A3
C2
10. MISCELLANEOUS
a. Identification of critical skills A3 S4 R2 N5* SME1
11. M&O Contractor Offsite
ASSIGNMENTS
a. M&O Contractor Employee
Assignments to DC
R2 A/S3 SME1
14
b. M&O Contractor Employee
Assignments to DC Exceptions
R2 R3/S7 R4 C5 A6 SME1
c. Domestic Extended Personnel
Assignment Waiver
R2/S4 SME1 A3
d. IPA Assignments15 C317 SME1
A4/S6
R2 A5
16
C317
12. EEO
a. Review AA and Diversity Plans S/A2 SME1
* Action has been delegated from HCA to Director, M&O Contracting Operations Division, APM-13
1 Notifications to Headquarters components will be accomplished by NA-APM-10. Notifications to Field Office components and
Contractors will be accomplished by CHR in conjunction with the Field Contracting Officer.
2 In the event substantive changes are made after NNSA GC (HQ) has reviewed a document, the document must be rerouted through GC
(HQ) for additional review prior to final approval. NNSA GC and Field Office GC should coordinate on actions as appropriate
BOP-03.03 Appendix 3 Exhibit 1
5-11-17 AP3E1-5
3 The HCA and SPE shall be notified regarding significant labor relations developments at any time.
4 If controversial issues arise, particularly those that involve security, potential work stoppage, and significant increase in programmatic
resources (beyond those expected due to inflation) the affected Program Offices shall be engaged in the process of determining final
allowable costs under the contract.
5 The number of separations is evaluated based on a rolling 12-month period.
6 The Administrator has delegated authority to the Principal Deputy Administrator.
7 Contractors must provide a specific workforce restructuring plan if restructuring involves 50 or more employees in a rolling 12-month
period. In addition, contractor must perform a diversity analysis when the involuntary separation action affects 50 or more contractor
employees and provide the analysis to NNSA Field counsel.
8 The Administrator has delegated authority to the Principal Deputy Administrator.
9 The Administrator has delegated authority to the Principal Deputy Administrator.
10 The Administrator has delegated authority to the Principal Deputy Administrator.
11 A briefing will be provided to the appropriate program office on all Field requests by CHR for concurrence.
12 Determinations for approval to reimburse benefits greater than 105% will be accomplished in accordance with Ben/Val analysis and
approved corrective action plans.
13 Reimbursement of Defined Benefit contributions beyond the minimum required by ERISA must be approved by the Administrator or
his designee. NA-APM will provide the Administrator a total picture of expected reimbursements for the NNSA each year regardless
of whether permission is required or not.
14 The customer organization will define the task assignment, perform the business analysis and after review will get the concurrence of
the Program Office Deputy or Associate Administrator.
Section 36
15 This is applicable only on contracts that require CO approval for IPA assignments.
16 HCA approval of the IPA assignment is required if NNSA is expected to bear greater than 50% of the costs and/or if exceptions to the
IPA policy are requested.
17 If direct funded, Program Office concurrence required. If indirect or unspecified program office funded, Field Office Manager
concurrence required.
THIS PAGE INTENTIONALLY LEFT BLANK
BOP-03.03 Appendix 4
5-11-17 AP4-1
APPENDIX 4: COORDINATION AND APPROVAL PROCESS FOR M&O AND
MAJOR FAR CONTRACTORS ON PERSONAL PROPERTY ACTIONS
1. PURPOSE.
a. Provide business and operating guidance relative to oversight and administration
of Personal Property Branch (PPB) activities. This policy supplements other
Department of Energy (DOE) policy related to the PPB. The PPB areas covered
by this policy include, but are not limited to the following Personal Property
Transactions:
(1) Domestic Loans
(2) Foreign Loans
(3) Donations
(4) Abandonments
(5) Negotiated Sales
(6) Waivers/Deviations
(7) Title Transfers
(8) Report of Lost, Damaged, Destroyed or Stolen Property
(9) System Approval Letters
(10) Contractors’ Personal Property Policies and Procedures (Manual/Plan)
(11) External Reviews of Government Personal Property Programs
(12) Contractor’s Annual Assessment Report
(13) Personal Property Management System Review
(14) Personal Property Management Validations
(15) Validations Reports
(16) Inventory Plans
(17) Sensitive Items List
(18) Performance Measures and Objective Matrices
(19) SF 1428 Inventory Disposal Schedule
Appendix 4 BOP-03.03
AP4-2 5-11-17
(20) Inventory Write-Offs
(21) Gifts
(22) SF 122 Transfer Order
b. Ensure compliance with laws, Executive Orders, regulations, policies, procedures
and sound business practices;
c. Provide appropriate checks and balances, and reasonable assurances against fraud,
waste, and abuse;
d. Drive down decision making by using risk-based coordination;
e. Convey performance expectations to Personal Property Branch Industrial Property
Management Specialists (IPMS) relative to consultation and
coordination/approval of their work; and,
f. Provide guidance for the development of local procedures, e.g. desktop
procedures.
2. APPLICABILITY. This applies to all organizations and elements of the National
Nuclear Security Administration (NNSA), except for the Office of Naval Reactors,
having personal property authority and to personal property actions taken by NNSA
property officials. For the purpose of this policy letter, the term “personal property
actions” includes actions relating to system approvals, inventory management, disposals,
sales, reports, transfers (foreign and domestic), and loan agreements (foreign and
domestic). Aspects of this policy implement coordination and approval by other NNSA
policies. Those other policies may exempt certain NNSA organizations or elements.
Organizations and elements that believe they are exempt from some aspects of this policy
shall request exemption from the Head of the Contracting Activity (HCA). Exemptions
will be granted in writing only.
3. REQUIREMENTS. All organizational elements within NNSA are responsible for
personal property actions and must comply with the Coordination and Approval (CAP)
Table for Personal Property Actions attached.
4. RESPONSIBILITIES.
a. Director and Deputy Director, Office of Acquisition Management will:
Section 37
(1) Establish policies, standards, and guidance in accordance with applicable
laws, regulations, and sound personal property management practices and
standards.
(2) Coordinate NNSA personal property actions as applicable.
BOP-03.03 Appendix 4
5-11-17 AP4-3
b. Personal Property Branch (PPB) will:
(1) Implement this CAP in accordance with the Table for Personal Property
Actions for NNSA contracts, and Direct Operations.
(2) Provide effective, professional, technical advice and assistance to NNSA
Headquarters and Field Offices in support of this policy.
(3) Evaluate Federal and contractor personal property management systems,
functions, operations, procedures, and self-assessment programs.
c. The Organizational Property Management Officer (OPMO) is responsible for:
(1) Conducting the responsibilities of the Plant Clearance Officers (PCO) as
described in FAR Part 45.
(2) Executing actions depicted in the CAP Table for Personal Property
Actions.
(3) Providing oversight of the control, management, and disposition of
personal property in the custody of NNSA.
(4) Negotiating performance-based personal property management objectives,
measures, and expectations.
(5) Notifying the appropriate HCA of all personal property actions requiring
approval above NNSA OPMO.
(6) Conducting oversight and periodic reviews of major NNSA personal
property management activities at least every three years to ensure:
(a) Personal property management program expectations are met and;
(b) Applicable policies, procedures, practices, and standards are
followed.
d. Field Office Managers/Deputy Field Office Managers/Business Managers will:
(1) Implement this CAP for contract actions under their cognizance.
(2) Submit requests for deviations from this policy to NA-APM-10 through
the PPB.
e. NNSA General Counsel will coordinate all legal input, to ensure a comprehensive
set of advisory comments for personal property at all the M&O sites.
Appendix 4 BOP-03.03
AP4-4 5-11-17
f. Contracting Officers will:
(1) Ensure that contract actions are reviewed, coordinated, and approved in
accordance with this CAP.
(2) Consult with PPB prior to awarding contracts, grants and cooperative
agreements that will involve personal property.
(3) Document OPMO decisions through contract modifications or other
Contracting Officer signed documents, as appropriate.
5. REFERENCES.
a. 10 CFR 200 Federal Financial Assistance Regulation
b. 41 CFR Chapter 101, Federal Property Management Regulations (FPMR)
c. 41 CFR Chapter 102, Federal Management Regulation (FMR)
d. 41 CFR Chapter 109, Department of Energy Property Management Regulations
e. 48 CFR Part 45 and 52, Federal Acquisition Regulations
f. 48 CFR Part 945 Government Property
g. 48 CFR Chapter 9, Subchapter I, DEAR 970.5245-1, Property
h. DOE Financial Management Handbook
i. Executive Order 12999 Educational Technology: Ensuring Opportunity for All
Children in the Next Century
j. Stevenson-Wydler Technology Innovation Act of 1980
6. CONTACT. Manager, Personal Property Branch (PPB), at (505) 845-5950.
Exhibit 1: Personal Property Branch Coordination and Approval Process Table for M&O and
Major FAR Contractor’s personal property actions.
BOP-03.03 Appendix 4 Exhibit 1
5-11-17 AP4E1-1
APPENDIX 4, EXHIBIT 1: PERSONAL PROPERTY BRANCH
COORDINATION AND APPROVAL PROCESS TABLE FOR M&O AND MAJOR FAR
CONTRACTOR’S PERSONAL PROPERTY
ACTION CODES:
A - Approval
R – Review & Comment
P - Preparation
S - Signature
N - Notification
C - Concurrence
Section 38
Numbers reflect order in which to
accomplish actions
R
eq
ue
st
or
PP
B
O
PM
O
Fi
el
d
O
ffi
ce
C
on
tr
ac
tin
g
O
ffi
ce
r
N
A
-M
B
In
te
rn
at
io
na
l A
ffa
irs
G
en
er
al
C
ou
ns
el
(N
N
SA
)
Write-Offs P1/N7 R2/P3 A4 N5 N6 (1)
Summary of Inventory Results P1 R2 N3
Property System Approvals N5 P1/R2 C3 A4
Donations; Abandonments; Negotiated
Sales
P1/N6 R2/P3 A4 N5
Gifts P1 R2/P3 A4 N5
Waiver/Deviations P1/N5 R2 A3 N4
Foreign Title Transfer P1/N9 R2/P3/
R6
A7 N8 R5 C4
Foreign Loan P1/N7 R2/P3/
R5
A6 N8 R4
Contractor's Personal Property Policies
and Procedures
P1/N5 R2 C3 R4
Inventory Disposal Schedule (SF 1428)
Regular (2)
P1/N6 R2/A3 N4 N5
Inventory Disposal Schedule (SF 1428)
High Risk (2)
P1/N5 R2 A3 N4
Annual Property Reports
(Exchange/Sales; Non-
Federal Recipients)
P1 R2/P3 C4 N5
Transfer Order Excess Personal
Property (SF 122) (M&O)
P1/A2 N3
Transfer Order Excess Personal
Property (SF 122) High Risk Transfers
(M&O)
P1/N6 R2 A3 N5 N4(1)
Transfer Order Excess Personal
Property (SF 122) (FAR) (2)
P1/N6 R2/A3 N4 N5(1)
Transfer Order Excess Personal
Property (SF 122) High Risk Transfers
(FAR) (2)
P1/N6 R2 A3 N4 N5(1)
Loans P1/
N5
R2 A3 N4
Appendix 4 Exhibit 1 BOP-03.03
AP4E1-2 5-11-17
ACTION CODES:
A - Approval
R – Review & Comment
P - Preparation
S - Signature
N - Notification
C - Concurrence
Numbers reflect order in which to
accomplish actions
R
eq
ue
st
or
PP
B
O
PM
O
Fi
el
d
O
ffi
ce
C
on
tr
ac
tin
g
O
ffi
ce
r
N
A
-M
B
In
te
rn
at
io
na
l A
ffa
irs
G
en
er
al
C
ou
ns
el
(N
N
SA
)
Quarterly Contractor Self Assessment
Reports
P1 R2 N3 N4
Validation Reports N6 P1/R2/
S3
A4 N5
Year End Contractor Appraisal Report N5 P1/R2 A3 N4
Inventory Plans P1 R2 A3 N4
Sensitive Items List P1 R2 A3 N4
(1) Only if line item meets capitalization criteria
(2) Non-M&O only
BOP-03.03 Appendix 5
5-11-17 AP5-1
APPENDIX 5: COORDINATION AND APPROVAL PROCESS FLOWCHART
Coordination and
Approval Process
(CAP)
Coordination and
Approval Policy
issued by
NA-APM-10
Organization
determines if
all elements
of policy
Prepare and forward
to NA-APM-10
request for
exemption to
overall elements of
policy.
No
Follow
coordination and
review processes
outlined in matrix.
Yes
NA-APM-
10
determinatio
n of
No
Those elements of
policy not applicable
Yes
End
Check for Acquisition
Management implementation
instructions that augment
policy.
1. purpose. The purpose of this document is to provide acquisition professionals with the guidance necessary to successfully process procurement actions, and:
2. CANCELLATION. BOP-03.03, Acquisition Coordination and Approval Processes, dated 3-18-15.
3. APPLICABILITY.
a. Federal. This applies to all National Nuclear Security Administration (NNSA) personnel that award contract actions, administer the resulting contracts or agreements, or otherwise obligate NNSA or non-NNSA funds. Refer to each appendix regarding a...
b. Contractors. Does not apply to contractors.
c. Equivalency. In accordance with the responsibilities and authorities assigned by Executive Order 12344, codified at 50 USC sections 2406 and 2511 and to ensure consistency through the joint Navy/Department of Energy (DOE) Naval Nuclear Propulsion ...
Section 39
4. SUMMARY OF CHANGES. Changes were made to Appendix 1, Appendix 1 Exhibit 1, Appendix 1 Exhibit 2, and Appendix 4 due to personnel updates, consistency corrections and changes in the following regulations:
5. REQUIREMENTS. Refer to each appendix regarding unique requirements.
6. RESPONSIBILITIES. Refer to each appendix regarding unique responsibilities.
7. References. Refer to each appendix for a list of references.
8. Definitions. Refer to each appendix for a list of definitions.
9. Contact. Director, Office of Acquisition Management, NA-APM-10 at 202-586-7439.
BOP-03.03 AC1 Change Table 5-11-17.pdf
SUMMARY OF CHANGES. Changes were made to Appendix 1, Appendix 1 Exhibit 1, Appendix 1 Exhibit 2, and Appendix 4 due to personnel updates, consistency corrections and changes in the following regulations:
BOP-03.03 AC1 AP1 5-11-17.pdf
APPENDIX 1: COORDINATION AND APPROVAL PROCESS FOR NON-MANAGEMENT AND OPERATING ACTIONS AND ALL ARCHITECT-ENGINEERING AND CONSTRUCTION RELATED ACTIONS
BOP-03.03 AC1 AP1 E1-2 5-11-17.pdf
POC Name and Telephone Number:
BOP-03.03 AC1 AP2 5-11-17.pdf
APPENDIX 2: COORDINATION AND APPROVAL PROCESS FOR MANAGEMENT AND OPERATING ACTIONS
BOP-03.03 AC1 AP2 E1 5-11-17.pdf
POC Name and Telephone Number:
BOP-03.03 AC1 AP3 5-11-17.pdf
APPENDIX 3: COORDINATION AND APPROVAL PROCESS FOR CONTRACTOR HUMAN RESOURCES POLICY ACTIONS
BOP-03.03 AC1 AP4 5-11-17.pdf
APPENDIX 4: COORDINATION AND APPROVAL PROCESS FOR M&O AND MAJOR FAR CONTRACTORS ON PERSONAL PROPERTY ACTIONS