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Tuesday,

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Part III

Department of Labor48 CFR Part 2901, et al.

Revision to the Department of LaborAcquisition Regulations; Final Rule

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22990 Federal Register / Vol. 69, No. 81 / Tuesday, April 27, 2004 / Rules and Regulations

DEPARTMENT OF LABOR

Office of the Secretary

48 CFR Parts 2901, 2902, 2903, 2904,2905, 2906, 2907, 2908, 2909, 2910,2911, 2912, 2913, 2914, 2915, 2916,2917, 2918, 2919, 2920, 2921, 2922,2923, 2924, 2925, 2926, 2927, 2928,

2929, 2930, 2931, 2932, 2933, 2934,2935, 2936, 2937, 2938, 2939, 2940,2941, 2942, 2943, 2944, 2945, 2946,2947, 2948, 2949, 2950, 2951, 2952, and2953

RIN 1291AA34

Revision to the Department of LaborAcquisition Regulations

AGENCY: Office of the Secr etary, Labor.

ACTION: Final rule.

SUMMARY: This docu men t sets forth arevised Departmen t of Labor

Acquisition Regulation (DOLAR). Thefinal rule reflects changes mad e to theproposed rules in response to thecomments received du ring the commentperiod. Th e Department of LaborAcquisition Regulation imp lements andsupplements the Federal AcquisitionRegulation (FAR). The DOLAR was lastrevised in 1986, and is significantly out-of-date. The regulation h as beensubstantially revised to: Updatereferences to obsolete policies,procedures, and organizations;incorporate electronic links toreferences such as revised provisions of

the FAR, U.S. Code, and the Code ofFederal Regulations; incorporate Officeof Federal Procurem ent Policy Lettersand Executive Orders; and establishrevised procedu res that follow currentestablished best practices. This finalrule p rovides a definition for AgencyHead wh ich may n ot be consistentwith th e internal Department of LaborManual Series (DLMS) Chapters 2800and 2900 (establishing DOLprocurement operating procedures andpolicies). The DLMS will be amen ded tocomport with the d efinition in theDOLAR.

DATES: The effective date for this ru le isMay 27, 2004.

ADDRESSES: Jeffrey Saylor, Director,Division of Acquisition ManagementServices, 200 Constitution Ave., NW.,Room S1513, Washin gton, DC 202100001.

FOR FURTHER INFORMATION CONTACT:Lawrence Murp hy, ProcurementAnalyst, Division of Acqu isitionManagement Services, teleph one (202)6937285 or by e-mail (OASAM

Regcom m [email protected]).

SUPPLEMENTARY INFORMATION: Thesecomp rehensive revisions to parts 2901throu gh 2954 incorporate changes to thelanguage and structure of theregulations and also update provisionsto correspond with the current FederalAcquisition Regulation and Departmen tof Labor policies.

Comments on the Proposed RulesWe received on e set of commen ts

with fifteen elements from one mem berof the public.

Comment: Five of these comm entssuggested that th e language be up datedto reflect changes made in th e FederalAcquisition Regulation sin cepu blication of the Notice of ProposedRulemaking (NPRM) on Au gust 15,2003.

Response: Agree. We have mad echan ges necessary to comply withFederal Acqu isition Circulars (FAC):200115, 200116, 200117, and 2001

18 .Comment: Three comm ents suggestedthat references to Web site add resses forGSAs Excluded Party Listing Systemand the U.S. Department of EnergysAlternative Fuels Data Center beup dated to reflect new Internetaddresses.

Response: Agree. The references tothe Internet have been changed to reflectthe curren t add resses for each Web site.

Comment: Two comm ents suggestedthat the Departmen t state a preferencefor the Stand ard Form SF30 inexecuting contract and purchase ordermod ifications, and th e SF1449 for

executing commercial purchases.Response: Agree. The p reference is so

stated.Comment: One comment noted that

2916.6 misquotes FAR 16.505 to includ ea $25,000 threshold for a fairopportunity to compete task ordersinstead of the micro-pu rchase threshold(currently $2,500).

Response: Agree. The reference h asbeen corrected.

Comment: One comment noted thatthe r eference to OFPP Policy Letter 931 shou ld n ote that th e Policy Letter hasbeen reissued.

Response: Agree. We have changedthe reference to reflect the later date.Comment: Two comm ents suggest

that references in 2942.1502 and2942.1503 reflect the Department ofLabors u se of the National Institutes ofHealths Past Performance InformationRetrieval System (PPIRS) instead of theContractor Performance System.

Response: Agree. The PPIRS is the e-gov system, which includ es as asubsystem the NIHs ContractorPerformance System. The reference hasbeen corrected.

Comment: Finally, the commen terrequested that add itional clauses beincorporated into the DOLAR in order toredu ce the p roliferation of local clausesand to help DOL simp lify its businessprocesses.

Response: This comment was notaccepted, as there has not been evidenceof a pro liferation of local clau ses.

This commen t will be considered forfuture revisions to the DOLAR.

Congressional Review Act

Consistent with th e CongressionalReview Act, 5 U.S.C. 801, et seq., w ewill submit to Congress and th eComptroller General of the UnitedStates, a report regarding the issuan ce ofthis final ru le prior to th e effective dateset forth at th e beginning of thisdocument.

Regulatory Flexibility Act

The Regulatory Flexibility Act (5U.S.C. 605(b)) requires that, for eachrule w ith a significant econom icimpact on a substantial num ber of smallentities, an analysis shall be prep areddescribing the rules imp act on smallentities and identifying any significantalternatives to the rule that wou ldminimize the economic impact on smallentities. This rule revises and up datesexisting contracting procedu res anddoes not m ake any major chan ges to theDOLAR that wou ld h ave a significanteconomic imp act on a substantialnu mber of small businesses.

Executive Order 12866

This rule is considered by theDepartment of Labor to be a significantregulatory action un der Executive Order12866, section 3(f), Regulatory Planningand Review. Accordingly, thisregulation has been submitted to theOffice of Management an d Budget forreview.

Unfunded Reform Mandates Act of1995

The Unfun ded Reform Mandates Actof 1995 (Pub. L. 1044) requ iresagencies to p repare several analyticstatements before proposin g any ru le

that may result in an nual expend ituresof $100 million by State, local, Ind ianTribal governm ents or the private sector.The ch anges to the DOLAR made by th isrule do n ot result in expenditures of thismagnitude.

Paperwo rk Reduction Act

The ch anges to the DOLAR will notimpose add itional reporting or record-keeping requirements und er thePaperwork Redu ction Act of 1995 (44U.S.C. chap ter 35). The DOL formsidentified in 2953.1 are used for internal

mailto:oasam%20Regcomments@dolmailto:oasam%20Regcomments@dolmailto:oasam%20Regcomments@dolmailto:oasam%20Regcomments@dolmailto:oasam%20Regcomments@dol


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22991Federal Register / Vol. 69, No. 81 / Tuesday, April 27, 2004 / Rules and Regulations

review and are not public usedocuments.

Small Business Regulatory EnforcementFairness Act of 19 96

This rule is n ot a major rule asdefined by section 251 of the SmallBusiness Regulatory EnforcementFairn ess Act of 1996 (5 U.S.C. 804). Thisrule will n ot: result in an ann ual effecton the econom y of $100 million ormore; result in an in crease in cost orprices; or have significant ad verseeffects on competition, emp loyment,investment, productivity, innovation, oron the ability of United States-basedcomp anies to compete with foreign-based comp anies in dom estic andexport markets.

Executive Order 13132: Federalism

The ch anges to the DOLAR will nothave su bstantial direct effects on theStates, on the relationship between thenational governmen t and th e States, oron the distribution of power andresponsibilities among the variouslevels of government. Th erefore, inaccordance w ith section 6 of ExecutiveOrder 13132, this rule does not havesufficient federalism imp lications towarrant th e preparation of a federalismsummary impact statement.

List of Subjects in 48 CFR Parts 2901through 295 3

Government procurement.

s For the reasons stated in the preamble,

the Department of Labor revises 48 CFRchapter 29, con sisting of parts 2900throu gh 2953, to read as set forth below.

Signed at Washington, DC, this 9th day of

April, 2004.

Elaine L. Chao,

Secretary of Labor.

CHAPTER 29DEPARTMENT OF LABOR

General Structure and Subparts

(Parts 2900 to 2999)

Subchapter AGeneral

PART 2901DEPARTMENT OF LABOR

ACQUISITION REGULATION SYSTEM

PART 2902DEFINITIONS OF WORDSAND TERMS

PART 2903IMPROPER BUSINESSPRACTICES AND PERSONALCONFLICTS OF INTEREST

Subchapter BAcquisition Planning

PART 2904ADMINISTRATIVEMATTERS

PART 2905PUBLICIZING CONTRACTACTIONS

PART 2906COMPETITIONREQUIREMENTS

PART 2907ACQUISITION PLANNING

PART 2908REQUIRED SOURCES OFSUPPLIES AND SERVICES

PART 2909CONTRACTORQUALIFICATIONS

PART 2910SPECIFICATIONS,STANDARDS, AND OTHER PURCHASEDESCRIPTIONS

PART 2911DESCRIBING AGENCYNEEDS

PART 2912ACQUISITION OFCOMMERCIAL ITEMS

PART 2913SIMPLIFIED ACQUISITIONPROCEDURES

Subchapter CContracting Methods andContract Types

PART 2914SEALED BIDDING

PART 2915CONTRACTING BYNEGOTIATION

PART 2916TYPES OF CONTRACTS

PART 2917SPECIAL CONTRACTINGMETHODS

Subchapter DSocioeconomic Programs

PART 2918 [RESERVED]

PART 2919SMALL BUSINESSPROGRAMS


PART 2922APPLICATION OF LABORLAWS TO GOVERNMENTACQUISITIONS

PART 2923ENVIRONMENT,CONSERVATION, OCCUPATIONALSAFETY, AND DRUG-FREEWORKPLACE


Subchapter EGeneral ContractingRequirements

PART 2928BONDS AND INSURANCE

PART 2929TAXES

PART 2930COST ACCOUNTINGSTANDARDS

PART 2931CONTRACT COSTPRINCIPLES AND PROCEDURES

PART 2932CONTRACT FINANCING

PART 2933PROTESTS, DISPUTES,AND APPEALS


PART 2936CONSTRUCTION ANDARCHITECT-ENGINEER CONTRACTS

PART 2937SERVICE CONTRACTING

PARTS 29382941 [RESERVED]

Subchapter GContract Management

PART 2942CONTRACTADMINISTRATION AND AUDIT

SERVICES

PART 2943CONTRACTMODIFICATIONS

PART 2944SUBCONTRACTINGPOLICIES AND PROCEDURES

PART 2945GOVERNMENTPROPERTY

PARTS 29462951 [RESERVED]

Subchapter HClauses And Forms

PART 2952SOLICITATIONPROVISIONS AND CONTRACTCLAUSES

PART 2953FORMS

SUBCHAPTER AGeneral

PART 2901DEPARTMENT OF LABORACQUISITION REGULATION SYSTEM

Subpart 2901.0Scope of Subpart

Sec.

2901.001 Scope of subpart .

Subpart 2901.1Purpose, Authority,

Issuance2 90 1.1 01 Pu rp ose.

2 90 1.1 03 Au th o ri ty .

2901.1052 Arrangement of regulations.

2901.1053 Copies.

Subpart 2901.2Administration

2901.2011 M ain ten an ce of th e FAR.

Subpart 2901.3Agency AcquisitionRegulations

2901.302 Limitat ions.

2901.304 Agency control and compliance

procedures.



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Subpart 2901.4Deviations From the FARand DOLAR

2901.403 Individual deviations from theFAR.

2901.404 Class deviat ions.2901.405 Deviations pertaining to treaties

and executive agreements.

Subpart 2901.6Career Development,Contracting Authority, and Responsibilities

2 90 1.60 1 Gen eral .2901.602 Contracting officers.2901.6021 Au th ority.2901.6023 Ratificat ion of unauthorized

commitments.2901.603 Selection , appoin tment, and

termination of Appointm ent.2901.6031 Gen eral.2901.6033 Ap poi ntm en t.2901.6034 T er mi na ti on s.2901.60370 Responsibil ity of o ther

government p ersonnel.2901.60371 Contracting officers technical

represen tatives (COTR).2901.60372 Adminis trat ive procurement

management reviews.

Subpart 2901.7Determinations andFindings

2901.707 Signatory author ity .

Authority: 5 U.S.C. 301, 40 U.S.C. 486(c).

PART 2901DEPARTMENT OF LABORACQUISITION REGULATION SYSTEM.

Subpart 2901.0Scope of Subpart

2901.001 Scope of part.

This chap ter may be referred to as theDepartment of Labor Acqu isitionRegulation or th e DOLAR. This subp artsets forth in troductory in formationabout the Department of LaborAcquisition Regulation. This subp artexplains th e relationship of the DOLARto the Fed eral Acquisition Regulation(FAR) and explains the DOLARspurpose, authority, applicability,exclusions, and issuance.

Subpart 2901.1Purpose, Authority,Issuance

2901.101 Purpose.

(a) Chapter 29, Department of LaborAcquisition Regulation, is establishedwithin Title 48 of the FederalAcquisition Regulation System of the

Code of Federal Regulations.(b) The pu rpo se of the DOLAR is toimplement the FAR, and to sup plementthe FAR when coverage is needed forsubject matter not covered in the FAR.The DOLAR is not by itself a completedocument, as it must be used inconjunction w ith the FAR.

2901.103 Authority.

The DOLAR is issued pu rsuant to theauthority of the Secretary of Laborunder 5 U.S.C. 301 and 40 U.S.C. 486(c).This auth ority has been delegated to the

Assistant Secretary for Admin istrationand Management u nder SecretarysOrder 476 in accordance with FAR1.301(d)(3).

2901.1052 Arrangement of regulations.

(a)Numbering. Wher e DOLARimplements the FAR, the implementingpart, subp art, section or subsection of

the DOLAR is num bered and cap tioned,to the extent feasible, the same as th eFAR part, subpart, section or subsectionbeing implemen ted, except that thesection or subsection beingimplemented is preceded with a 29 ora 290 such th at there will always be fournu mbers to the left of the first decimal.For examp le, the DOLARimp lementation of FAR l.105l is shownas 290l.1051 and the DOLARimp lementation of FAR subpart 24.1 isshow n as DOLAR subp art 2924.1.Material wh ich sup plemen ts the FAR isassigned the subsection numbers 70 and

up . For example, th e DOL regulationgoverning appointment and terminationof contracting officers technicalrepresentatives is identified as2901.60371 .

(b) References to F AR materialswithin the DOLAR will includ e theacronym FAR and the iden tifyingnu mber, for example, FAR l.1042(c)(2).References to DOLAR materials withinthe DOLAR simply cite the id entifyingnu mber, for example, 2901.1042(c)(2).

2901.1053 Copies.

Copies of the DOLAR pu blished in theFederal Register, CDROM, or Cod e of

Federal Regulations may be p urch asedfrom the Superintendent of Documents,Government Printing Office,Washington, DC 20402, or from th eGovernment Printing Office Web Page,http://www.gpo.gov/.Requests shou ldreference the DOLAR as chapter 29 oftitle 48. The Code of FederalRegulations is printed in p aperbackedition w ith upd ates as needed.Add itional information on DOL may beobtained on th e Internet at www.dol.gov. Other DOL procu rement p olicydocuments referenced within theDOLAR may be available when

app ropriate by mail from the Division ofAcquisition Management Services.

Subpart 2901.2Administration

2901.2011 Maintenance of the FAR.

A mem ber of the Division ofAcquisition Management Services(DAMS), an organization w ithin th eOffice of Acquisition an d Man agementSup port Services, the BusinessOperations Center, Office of theAssistant Secretary for Admin istrationand Management (OASAM), represents

the Departmen t of Labor on the CivilianAgency Acquisition Council (CAAC).DAMS will be respon sible forcoordination w ith all interested DOLelements regardin g prop osed FARrevisions and ad vocating revisionssought by DOL.

Subpart 2901.3Agency Acquisition

Regulations

2901.302 Limitations.

DOLAR System issu ances are limitedto published , codified, Departmen t-wideregulations, which implement orsupplement FAR policies andprocedures and which affectorganizations or ind ividuals seeking tocontract with the Department.

2901.304 Agency control and complianceprocedures.

(a) The DOLAR is un der th e directoversight an d con trol of theDepartments Senior Procurement

Executive. Procedures for review an dapp roval of issuances u nd er the DOLARSystem comply w ith FAR subparts 1.3and 1.4. These procedures are containedin subp art 2901.6.

(b) DOLAR issuances shall complywith the restrictions in FAR 1.304(b).

(c) Heads o f Contr acting Activity(HCAs) must subm it all proposedinstructions and materials thatimplem ent or sup plemen t the DOLAR tothe Director, DAMS. In conjunctionwith the Office of the Solicitor, DAMSwill review all issuan ces whether or n otthey will be published in th e Federal

Register as a part of th e DOLAR System.In the case of internal procu rementpolicy instructions, the pu rpose of thereview is to ascertain that suchinstructions are consistent with the FARand th e DOLAR and th at they do notcontain information w hich shou ld beissued u nd er the DOLAR.

Subpart 2901.4Deviations From theFAR and DOLAR

2901.403 Individual deviations from theFAR.

(a) The Senior Procu rement Executiveis authorized to app rove deviations fromFAR provisio ns (see FAR 1.403) orDOLAR provisions, w hich affect onlyone contracting action, unless FAR1.405(e) is applicable. Requests fordeviations shall be submitted throughthe Director, DAMS.

(b) Requests for deviations u nd erparagraph (a) of this section m ust besubmitted by the HCA and include

justification as to w hy th e deviation isrequired.

(c) A copy of the ap proved deviationmu st be includ ed in the contract file.

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2901.404 Class deviations.

(a) The Senior Procu rement Executiveis authorized to app rove classdeviations from FAR or DOLARprovisions wh ich affect more than on econtracting action, u nless FAR 1.405(e)is app licable. The requ est for deviationis submitted throu gh the Director,DAMS.

(b) Requests for deviations u nd erparagraph (a) of this section m ust besubmitted by th e HCA and include

justification as to w hy th e deviation isrequired an d the nu mber of contractingactions wh ich w ill be affected.

(c) For a FAR class deviation th eDirector, DAMS will consu lt with theChair of the CAAC, as required in FAR1.404(a)(1), before authorizing thedeviation.

(d) A copy of the app roved classdeviation mu st be included in eachcontract file.

(e) Recomm end ed revisions to theFAR and a copy of each app roved classFAR deviation w ill be transmitted to theFAR Secretariat by the Director, DAMSas required in FAR 1.404.

2901.405 Deviations pertaining to treatiesand executive agreements.

(a) The Director, DAMS is responsiblefor transmitting to th e FAR Secretariatthe information required in FAR1.405(d).

(b) For deviations not au thorized byFAR 1.405(b) or (c), the Director, DAMS,will process th e request for deviationthrou gh the FAR Secretariat.

Subpart 2901.6Career Development,Contracting Authority, andResponsibilities

2901.601 General.

(a) This section d eals with con tractingauth ority and respon sibilities of thehead of the agency as described in2902.1, FAR subpart 1.6 and th is

subpart.(1) The auth ority and respon sibility

vested in the Secretary to contract forauthorized supplies and services isdelegated to th e Assistant Secretary forAdministration an d Management.

(2) The Assistant Secretary forAdministration and Management maydelegate contracting authority to abureau or agency within the Departmentof Labor as he/sh e delineates in w riting.

(b) The Assistant Secretary forAdministration and Management, actingthrough the Senior ProcurementExecutive, may d elegate add itionalprocu rement auth ority subject to theissuance of warrants by the SeniorProcuremen t Executive, and reserves theright to rescind any acquisitionauth ority, if it is determined th at suchaction is in th e best interest of theGovernment.

2901.602 Contracting officers.

2901.6021 Authority.

Contracting warrants, at all levelsabove the micro-purchase threshold,mu st be requested by the HCA inwriting and signed by the SeniorProcuremen t Executive. Warrants m aybe accompan ied by letters of

appointment that may providerequiremen ts for maintainin g thewarrant (e.g., maintaining currentdocu men tation for the FAR, DOLAR,and other guidance, and recurrenttraining). Copies of the app ointmen tshall be maintained in the Division ofAcquisition Management Services.Contracting officers mu st disp lay the

original w arrant (and its limitations) intheir worksp ace. A listing of currentcontracting officers may be available forreview on the Internet at http://www.dol.gov/oasam/grants/prgms.htm. Tomod ify a contracting officers authority,the present appointment must berevoked and a new certificate issued .

2901.6023 Ratification of unauthorizedcommitments.

(a) If the HCA agrees that th ecommitment appears to be without validauthorization, the Division ofAcquisition Management Services must

be notified by the HCA in accordancewith the procedures outlined in thissection.

(b)RatificationsThresholds.Th eDepartment of Labor may only ratifyacquisitions that were intend ed to fulfilla bona fide need and otherwise couldhave been authorized w hen m ade. If theaction to be ratified is not ap proved ,then the employee who authorized thework m ay be liable for the en tire cost ofthe action. Requests received bycontracting officers for ratification ofcommitments made by personnellacking contracting authority m ust beprocessed as follows:

Dollar threshold Must be approved by (Ratifying official) Steps to be followed

Below the micro-purchase threshold ..................................... Head of the Contracting Office .............................................. 1 through 5 & 7.Between the micropurchase threshold and the Simplified

Acquisition Threshold.Head of Contracting Activity .................................................. 1 through 5 & 7.

Above the Simplified Acquisition Threshold .......................... Assistant Secretary for Administration and Management,after review by the Procurement Review Board.

1 through 7.

Note: DOL procurement policies require review by the Procurement Review Board of advisory and assistance services acquisitions above$50,000 for competitive acquisitions and at any dollar amount for noncompetitive acquisitions, and waivers for contracts with employees and re-cently separated employees. Therefore, review by the PRB is required for unauthorized obligations at these lower thresholds.

StepInstruction

(1) The ind ividual is placed on n otice

by th e contracting officer, in w riting,that the pu rchase may be inappropriatebecause he did not have a purchasingrequest, fundin g, or authority to obligatethe Government to m ake an expenditureof fund s.

(i) The individual who m ade theunau thorized contractual commitmentshall furnish the con tracting officer allrecords and documents concerning thecommitment and a complete writtenstatement of the facts, includin g, but n otlimited to a statement as to wh y theacquisition office was not u sed, a

description of work to be performed orprod ucts to be furnished , an estimatedor agreed-up on con tract price, citation

of approp riation available, and astatement as to whether the con tractorhas commenced performance.

(ii) In the absence of such anindividual, the head of the applicableoffice will be responsible for provid ingsuch information, including anexplanation of why the ind ividual whomade the un authorized commitment isun available to provid e this information.

(2) The individual who m ade theun authorized comm itment or the headof the app licable office, as app ropriate,

shall provide a determination andfind ing (See FAR 1.704) to thecontracting officer ind icating that:

(i) Sup plies or services have beenprovided to and accepted by theGovernm ent, or the Governmentotherwise has obtained or w ill obtain abenefit resulting from p erformance ofthe unauth orized commitment;

(ii) A procu rement request and /oraccompanying docum entation includ inga statement signed by the individ ualthat explains why normal acquisitionprocedures were not followed, explainswh y the source w as selected, lists othersources considered, describes the work,

http://www.dol.gov/oasam/grants/prgms.htmlhttp://www.dol.gov/oasam/grants/prgms.htmlhttp://www.dol.gov/oasam/grants/prgms.htmlhttp://www.dol.gov/oasam/grants/prgms.htmlhttp://www.dol.gov/oasam/grants/prgms.htmlhttp://www.dol.gov/oasam/grants/prgms.html


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and estimates or states the agreed u ponprice. (If the DOL emp loyee who madethe unau thorized commitment is nolonger available, app ropriate p rogrampersonnel must provide the informationdescribed in th is paragraph); and

(iii) Fund s are available and w ereavailable at the time of the un authorizedcommitment.

(3) The contracting officer reviewin gthe un authorized comm itment shalldetermin e wheth er the price is fair andreasonable and if payment isrecommen ded to the ratifying official.(The contracting officer may rely u ponwritten d ocumentation su bmitted byman aging staff above the ind ividualwho m ade the unauthorizedcommitment, in making his/herdetermination.)

(4) Legal review is requ ired b eforeratification by the ratifying official.

(5) The ratifying official shall m ake anaffirmative determination and finding

that:(i) The resulting pu rchase order orcontract would oth erwise have beenproper if made by an appropriatecontracting officer.

(ii) The contracting officer reviewingthe unau thorized commitment hasdetermin ed that the p rice is fair andreasonable and payment isrecommended.

(6) For cases over the simplifiedacquisition threshold , alldocu men tation for steps (1) throu gh (5)mu st be forwarded to the Director,Division of Acquisition ManagementServices, for submission to th eProcuremen t Review Board. However,the ratifying official is responsible fordirecting the receipt and acceptance forall produ cts and d eliverables receivedby the Governmen t as a result of anunau thorized commitment.

(7) The sup ervisor of the ind ividualwho m ade the unauthorizedcommitm ent shall prep are a correctiveaction plan to preclude furtherunau thorized commitments (e.g., ethics,purchase card, or administrativeprocedu res trainin g, or otherapp ropriate action). The ratifyingofficial may app rove the corrective

action p lan. The individual shall reportto the ratifying official in w riting wh enthe corrective action has been initiatedand again after it has been fullyimplemented.

2901.603 Selection, appointment, andtermination of appointment.

2901.6031 General.

(a) The Senior Procu rement Executivewill develop and m anage an acquisitioncareer management p rogram forcontracting personnel. Training

requiremen ts must con form to Office ofFederal Procurem ent Policy Letters 923, 9701, and th e Federal AcquisitionInstitutes curriculu m. These referencesare available at:

http://www.arnet.gov/Library/OFPP/PolicyLetters/Letters/PL9701.html,

http://www.arnet.gov/Library/OFPP/PolicyLetters/Letters/PL923.html,

and th rough the Federal AcquisitionInstitu te (FAI) at:

http://www.faionline.com/fai/campus/index4.htm.

(b) The p rogram m ust cover allcontracting personnel in the followingcategories:

(1) General Sch edu le (GS1102)Contracting Series (See also FAR 1.603);

(2) Con tractin g officers, regardless o fGeneral Schedule Series, withcontracting authority above thesimplified acquisition threshold;

(3) Pur chasin g Series (GS1105), otherindividuals p erforming pu rchasing

duties and individuals with contractingauthority between the micro-purchaseand simplified acquisition thresholds.

(4) All Contracting Officer TechnicalRepresentatives as identified in2901.60371 .

2901.6033 Appointment.

General. In accordance with FAR1.6033, appointments will be made inwriting on an SF 1402 for all warrantsabove the micro-purchase thresh old. Inaddition, appointments may be m ade forspecific functions u nrelated to dollarthreshold , such as indirect costnegotiation, debt management, and

closeout functions.(a) Purchase Cards (micro-pu rchase

threshold). Purchase cardholders will beappointed in accordance with the DOLGuidelines for Purchase Card Use andthe Agency/Office procedu res approvedby th e HCA. Agency/OrganizationPurch ase Card Coordinators requestingissuance of a pu rchase card must berespon sible for ensurin g that thepu rchase cardholder h as taken anorientation course before issuance and /or use of the pu rchase card. A list ofpu rchase cardhold ers is available at:http://www.dol.gov/oasam/foia/hotfoia/

citibank-list.htm.(b) Simplified Acquisition Threshold(currently $100,000). The HCA mayrequest a delegation of procuremen tauth ority not to exceed the simp lifiedacquisition threshold based onedu cation, training, and experience inthe acquisition field. Effective July 26,2004, all new app ointments mustcomply w ith training requirementslisted in OFPP Policy Letter No. 923,Procuremen t Professionalism ProgramPolicy-Training for ContractingPersonnel, dated June 24, 1992.

(c) $500,000. The HCA may request adelegation of procuremen t authority notto exceed $500,000 based on theindividuals education, training andexperience in con tracting. Althoughprimarily reserved for those in the GS1102 series, the HCA may con siderbusiness acumen, education, training,and experience. Effective May 27, 2004,

all new appointments must comply withtraining requirements listed in OFPPPolicy Letter No. 923, ProcurementProfessionalism Program Policy-Training for Contracting Personn el,dated June 24, 1992.

(d ) Unlimited. The HCA may requesta delegation of procuremen t authorityon an unlimited basis for individualswhose education, training, andexperience in contracting warrant suchauthority. Although p rimarily reservedfor those in the GS1102 series, theHCA may consid er length of service,training, and experience. Effective May

27, 2004, all new appointments m ustcomply with training requirementslisted in OFPP Policy Letter No. 923,Procuremen t Professionalism ProgramPolicy-Training for ContractingPersonnel, dated June 24, 1992.

2901.6034 Terminations.

Termination of a con tracting officersappointment will be made in writingun less the warrant contains the basis forthe termination (i.e., retirement,reassignm ent). Termination s may beimmediate, but must not operateretroactively.

2901.60370 Responsibility of othergovernment personnel.

(a) Only DOL personn el withcontracting auth ority shall obligate DOLto any typ e of contractual obligation andonly to th e extent of their delegatedauthority. Respon sibility fordetermining how to buy, the conduct ofthe buyin g process, and execu tion of thecontract rests with th e contractingofficer.

(b) Personnel responsible fordetermining agency needs shouldmaintain a close and continuousrelationship with their contracting

officer to ensu re that acquisitionpersonnel are made aware ofcontemp lated acquisition actions. Thiswill be mu tually beneficial in terms ofbetter plann ing for acquisition actionand more timely, efficient andeconomical acquisition.

(c) Personnel not delegatedcontracting authority or in sufficientcontracting authority may not committhe Governmen t, formally or informally,to any typ e of contractual obligation.However, DOL person nel wh o must usethe contracting process to accomplish

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their programs must sup port thecontracting officer to ensu re that:

(1) Requiremen ts are clearly definedand sp ecified withou t being overlyrestrictive in accordance w ith FAR11.002;

(2) Comp etitive sources are solicited,evaluated, and selected as app ropriate;

(3) The FAR and the Competition inContracting Act requirements for fulland op en comp etition are satisfied tothe maximu m extent practicable. Solesource pu rchases may only be permittedin accordance w ith FAR Subpart 6.3 orother app licable provisions of the FAR(e.g. FAR Part 8) or federa l law;

(4) Quality standard s are prescribed,and met;

(5) Performance or delivery is timely;(6) Files are docu men ted to

substantiate the judgments, decisions,and actions taken, including comp liancewith paragraphs (c)(2) and (3) of thissection;

(7) Requiremen ts are written so as toencourage competition and to complywith regulations an d federal policy formeeting acquisition goals such asperformance-based contracting,HUBZone contractors, etc. Th econtracting officer will id entify theseprograms to th e program office.

2901.60371 Contracting OfficersTechnical Representatives (COTR).

(a) At the tim e a COTR is to becom eresponsible for a con tract, task order, ordelivery ord er, the con tracting officermu st issue a written letter of delegation

informing the individ ual by name of hisor her authority, includin g a delineationof applicable limitations andresponsibilities. This applies tocontracts awarded by th e Departmen t ofLabor and th ose awarded by otheragencies, such as Federal Sup plySchedu le Contracts or Econom y Acttransactions. Only the contractingofficer cognizant of the contract actionmay m ake a COTR delegation. However,a contracting officer at any level abovethe cognizant contracting officer maysign the d elegation letter, following h isor her d etermination of its accuracy,comp leteness, and sufficiency.

(b) The functions of a COTR typicallymay include such actions as inspecting,testing, and accepting contract lineitems, monitoring the contractorsperformance, controlling Governmen t-furnished property, reviewing andapproving and/or recommending to thecontracting officer approval/ disapp rovalof vouchers/invoices, etc. An individualCOTR may have on ly the du tiesspecifically identified in a writtendelegation to him or her by name (i.e.,COTR du ties may not be d elegated to a

position) and h as no auth ority to exceedthem.

(c) Contractin g officers may n otdelegate to the COTR the followingauthorities:

(1) The au thority to issue task ordelivery orders against a contract or anyof the agreements defined u nd er FAR16.7;

(2) The au thority to chan ge any of theterms and con ditions of a contract orany of the agreements defined un derFAR 16.7;

(3) The au thority to sign con tracts orcontract mod ifications;

(4) The au thority to write letters to thecontractor that w ill affect the cost orschedu le of the contract. The authorityto otherwise w rite letters to a contractormu st require the COTR to send a cop yof the letters to the contracting officerfor the con tract file;

(5) The auth ority to approvecontractors final invoices un der cost-reimbursem ent contracts. However, theCOTR mu st make a final paymentrecommendation to the contractingofficer; or

(6) The auth ority to commit theGovernment to any adjustments to theprice or cost of the contract or ord er(e.g., the contracting officer must signall pre-negotiation and price negotiationmemoranda including those which maybe combined into one docum ent forthose adjustmen ts valued at $100,000 orless).

(d) The contracting officersdelegation m ust includ e the adm onitionthat the COTR may be person ally liablefor u nauthorized commitments.Contracting officer auth ority to sign orauthorize contractual instruments mustnot be d elegated throu gh a COTRdesignation or by any means other thana contracting officer warran t.

(e) The con tractor must be n otified ofthe COTR designation in w riting and acopy of the COTR letter of appointm entalso must be provided to the contractor.The contracting officer must p rovide theCOTR with a copy of the COTRdesignation n otification that was sent tothe contractor.

(f) The letter d elegating COTRauthority must include th e contractnu mber, and must include the followinginformation, at a minimu m:

(1) Con tractin g officers and contractspecialists/administrator s name andtelephon e number;

(2) COTRs specific authority an dresponsibilities;

(3) COTRs specific limitations,including the adm onition that the COTRmay be p ersonally liable forun authorized comm itments;

(4) Detailed d escription of the types offiles and the con tent of the files to bemaintained by the COTR;

(5) Reference to meeting applicablerequiremen ts for ethics, procurem entintegrity, no conflict of interest, andproper standards of conduct, includin ga copy of FAR Part 3, and otherregulations, statutes, or d irectives

governing these topics (e.g., 5 CFR Part2635 Standard s of Condu ct);

(6) A requiremen t that the COTRacknowled ge receipt and acceptance ofthe letter and return it to the contractingofficer;

(7) A description of the trainingrequired and information on obtainingsuch training.

(g)Applicability. The eligibilityrequirements of this subpart must applyto all ind ividuals wh o are designated bythe con tractin g officer as COTRs.

(h )Eligibility stand ards . To bedetermined eligible for an appointment

as a DOL COTR, the following standardsmust be met:(1) The cand idate must attend and

successfully complete a minimu m of a16-hour basic COTR course; and

(2) The cand idate must attend aminimum of 1 hour of trainingspecifically in procurem ent ethics,either throu gh courses offeredperiodically by th e Department of Labor,another federal agencys program, or acommercial vendor.

(i)Limitations . Effective May 2 7,2004, each COTR app ointmen t made bythe con tracting officer m ust clearly statethat the represen tative is not an

authorized contracting officer and d oesnot have the authority und er anycircumstances to:

(1) Award , agree to award , or executeany con tract, contract mod ification,notice of intent, or other form of bindin gagreement;

(2) Obligate, in any m ann er, thepaymen t of mon ey by the Government;

(3) Make a final decision on anycontract matter which is subject to theclause at FAR 52.2331, Disputes; or

(4) Terminate, suspen d, or otherwiseinterfere with the contractors right toproceed, or direct any changes in the

contractors performance that areinconsistent w ith or materially changethe con tract specifications.

(j) Termination . (1) Termination of theCOTRs appointment mu st be made inwriting by a contracting officer andmu st give the effective date of thetermination. Th e contracting officermust p romptly modify the contract oncea COTR termination n otice has beenissued. A termination n otice is notrequired when the COTRs appointmentterminates upon expiration of thecontract.



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(2) COTRs may be terminated forreasons (not an exh austive listing) suchas exceeding their authorities andlimitations, conflicts of in terest,un ethical condu ct, failure to perform,reassignment/resignation/retirement,and upon completion of the contract towhich assigned.

(k) Waivers. No ind ividual m ay serve

as a COTR on any contract with out therequisite training and signed COTRcertificate for the file. In the rare eventthat there is an urgent requiremen t fora specific individu al to serve as a COTRand the ind ividual has not successfullycomp leted the required training, theHCA may waive the trainin grequirements and authorize theind ividual to perform the COTR du ties.

2901.60372 Administrative procurementmanagement reviews.

(a) The Senior Procu rement Executiveis responsible for performing

adm inistrative procu rement reviews foreach procu rement office in theDepartment of Labor, except the Officeof the Insp ector General (OIG). Thepu rpose of these reviews is to auditinternal controls to ensure compliancewith established procurement law,regulations, policies, procedu res andapp licable directives. The reviews are toemphasize the development an dimp rovement of managerial controls andbest p ractices.

(b) The admin istrative procu rementreview system is a three-pron gedapp roach that includ es self-assessment,statistical data for validation, an dflexible quality reviews and assessmen ttechniqu es. This system is required to:

(1) Evaluate the effectiveness andefficiency of office acquisition systems;

(2) Assess the adequacy of policies,procedures and regulations governingthe acquisition p rocess; and

(3) Identify and implem ent chan gesnecessary to improve the systems.

(c) The Senior Procu rement Executiveshall establish p rocuremen t reviewprocedures, which w ill focus on:

(1) Conformance w ith p olicies of theFAR, DOLAR and the Departmen t ofLabor Manual Series 2800 and 2900.

(2) Conformance w ith federalreporting requirements for theDepartment of Labor.

(3) Understanding of new department-wid e or governmen t-wide initiatives(e.g., E-Procurement).

(4) Governm ent-wide proced uresestablished by the Office of Managementand Budget.

(d) HCAs are responsible for ensurin gcontracting activity comp liance withlaw and regulations throu gh the reviewand oversight process.

Subpart 2901.7Determinations andFindings

2901.707 Signatory authority.

A class justification for other than fulland op en competition mu st be approvedin writing by the same approvalauth ority as for ind ividu al justificationsin accord ance w ith FAR 6.304(a). The

app roval level must be determined bythe estimated total value of the class.

PART 2902DEFINITIONS OF WORDSAND TERMS


Subpart 2.1Definitions

2902.101 Definitions.

(a) Commonly u sed words and termsare defined in FAR subpart 2.1. Thispart 2902 gives DOL-specific meaningsfor some of these word s and terms an ddefines other words and terms

common ly used in th e DOL acquisitionprocess.

(b) The following words an d terms areused as d efined in this subpart unlessthe context in w hich they are usedclearly requires a different m eaning, ora different d efinition is prescribed for aparticular p art or portion of a part:

Comp etition Ad vocate Th eCompetition Advocate for theDepartment of Labor is appoin ted by theAssistant Secretary for Admin istrationand Management and is defined in FAR6.5 and 2906.5. If the app ointee isrecused from a procuremen t action, the

Assistant Secretary for Admin istrationand Management may designate anotherofficial to act in that capacity.

Contracting Activity means an agencyor compon ent office within theDepartment of Labor with specificrespon sibility for man aging contractfunctions pu rsuant to one or morewarrants signed by the SeniorProcuremen t Executive (or the Office ofthe Insp ector General for its contractingactivity).

Contracting Officers Techn icalRepresentative means the individualapp ointed by the contracting officer torepresent th e Department of Laborsprogrammatic interests on a Departmen tof Labor con tract, task ord er, or d eliveryorder. This individu al is responsible tothe contracting officer for overseeingreceipt and acceptance of goods/servicesby the Government, reporting on thecontractors performance, andapproving/disapproving payment to thecontractor. Authority is otherwiselimited to giving technical direction tothe contractor within the framework ofthe con tract (see 2901.60371). Thisposition m ay go by other titles, such as:

a techn ical point of con tact (TPOC) orContactin g Officers Representative(COR).

Head of Agency (also called agencyhead), for the FAR and DOLAR only,means the Assistant Secretary forAdministration and Management;except that th e Secretary of Labor is the

Head of Agency for acquisition actions,wh ich by the terms of a statute ordelegation m ust be performedspecifically by the Secretary of Labor;the Inspector General is the Head ofAgency in all cases for the Office of theInspector General. Authority to act asthe Head of Agency has been delegatedto the Assistant Secretary forEmployment and Training and theAssistant Secretary for Mine Safety andHealth for their resp ective agencies. Forpu rposes of the Economy Act(determinations and interagencyagreements u nd er FAR 17.5) only, the

Employee Benefits SecurityAdministration, Employment StandardsAdministration, Women s Bureau ,Office of the S olicitor, Bureau of LaborStatistics, Office of DisabilityEmployment Policy, and theOccupation al Safety and HealthAdm inistration are delegatedcontracting authority.

Head of Contracting Activity (HCA)means th e official who h as overallresponsibility for managing thecontracting activity, when th econtracting activity has more than on eperson with a w arrant issued by the

Senior Procuremen t Executive. In th eDepartment of Labor the followingofficials are the HCA for their respectiveorganization:

(i) For the Min e Safety and HealthAdm inistration, the Director,Administration and Management,MSHA.

(ii) For the Employmen t and Trainin gAdm inistration, the Director, Office ofGrants and Contract Management, ETA.

(iii) For th e Office of the Insp ectorGeneral, the Director, Division ofFinance and Adm inistration, OIG.

(iv) For th e Bureau of Labor Statistics,the Director, Division of Ad min istrativeServices, BLS.

(v) For th e Office of the Assistan tSecretary for Adm inistration andManagement and all other agencies notlisted in th is definition, the Director,Business Operations Center, OASAM.

Sen ior Procurem ent Executive meansthe Depu ty Assistant Secretary forAdministration an d Management asdefined at FAR 2.101.



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PART 2903IMPROPER BUSINESSPRACTICES AND PERSONALCONFLICTS OF INTEREST

Subpart 2903.1Safeguards

Sec.2903.101 Standards of conduct .2903.1011 Gen eral.2903.104 Procurement in tegr ity .

2903.1043 De fi ni ti on s.2903.1045 Disclosure, protection , andmarking of contractor bid or proposalinformation and source selectioninformation.

2903.1047 Violations or possibleviolations of standards of conduct.

Subpart 2903.2Contractor Gratuities toGovernment Personnel

2903.203 Reporting suspected violations ofthe Gratuities clause.

2903.204 Treatment of violations.

Subpart 2903.6Contracts WithGovernment Employees or OrganizationsOwned or Controlled by Them

2 90 3.60 1 Pol icy.2903.602 Exceptions.


Subpart 2903.1Safeguards

2903.101 Standards of conduct.

2903.1011 General.

The statutory prohibitions and theirapp lication to DOL personnel arediscussed in th e Standards of EthicalCondu ct for Emp loyees of the ExecutiveBranch, 5 CFR part 2635 and thesupplemental DOL standards ofcond uct, 5 CFR part 5201. All DOL

personnel involved in acquisitions mustbecome familiar with these statutoryprohibitions. Any questions concerningthem m ust be referred to an AgencyEthics Official in th e Office of theSolicitor. In add ition to criminalpen alties, the statutes provide thattransactions entered into in violation ofthese proh ibitions are voidable (18U.S.C. 218). Any susp ected violationsmu st be reported p romp tly to the Officeof the Inspector General.

2903.104 Procurement integrity.

2903.1043 Definitions.

Agency eth ics official means theSolicitor or the Associate Solicitor forLegislation and Legal Counsel.

2903.1045 Disclosure, protection, andmarking of contractor bid or proposalinformation and source selectioninformation.

(a) Government em ployees serving inthe following positions are authorizedaccess to prop rietary or source selectioninformation, but only to the extentnecessary to p erform their officialduties:

(1) Personnel p articipating intechnical evaluation panels (i.e., sourceselection board) or person nel evaluatingan offerors or bidders technical or costproposal un der other comp etitiveprocedures, and p ersonnel evaluatingprotests.

(2) Personnel assigned to th econtracting office.

(3) The initiator of the procurem entrequest (to includ e the official havingprin cipal technical cognizance over therequirement).

(4) Small business sp ecialists.

(5) Personn el assigned to the Office ofthe Solicitor.

(6) Personnel assigned to th eDepartment of Labors Division of CostDetermination and the Defense ContractAudit Agency.

(7) Personn el assigned to the Divisionof Acquisition Management Services.

(8) Members of the Procuremen tReview Board.

(9) The Office of the Insp ectorGeneral.

(10) Other Governmen t emp loyeesauth orized by th e contracting officer.

(11) Supervisors, at any level, of theperson nel listed in this paragraph (a).

(b) The originator of information th atmay be sou rce selection in formationmust consult w ith the contractingofficer or the procu rement officer, wh omust determine whether theinformation is sou rce selection

information. DOL person nel respon siblefor preparin g source selectioninformation as defined in FAR 2.101mu st assure that the material is markedwith the legend in FAR 3.1044 at thetime the material is prepared.

(c) Unless marked w ith the legendSOURCE SELECTIONINFORMATIONSEE FAR 3.1044,draft specifications, pu rchasedescription s, and statemen ts of workcould erron eously be released du ring amarket survey in order to determine thecapabilities of potential competitivesources (see FAR 7.1 and FAR 10).

2903.1047 Violations or possibleviolations of standards of conduct.

(a) The Sen ior Procuremen t Executiveis the individ ual designated to receivethe contracting officers report ofviolations.

(b) The HCA or d esignee m ust refer allinformation describing an actual orpossible violation to th e AssociateSolicitor for Legislation and LegalCounsel, the Senior Procurem entExecutive, and Inspector General staff.

Subpart 2903.2Contractor Gratuitiesto Government Personnel

2903.203 Reporting suspected violationsof the Gratuities clause.

Contractor gratuities offered toGovernm ent person nel are subject to therestriction under the Standards ofEthical Cond uct for Employees of the

Executive Branch, 5 CFR part 2635.2903.204 Treatment of violations.

Any su spected violations of FARsubp art 3.2 and th e clause at FAR52.2033, Gratuities, must be reportedto the Office of the Insp ector General.The authority to determine whether aviolation of the Gratuities clause by thecontractor, its agent, or an otherrepresentative, has occurred and theapp ropriate remedies are delegated tothe HCA.

Subpart 2903.6Contracts WithGovernment Employees or

Organizations Owned or Controlled byThem

2903.601 Policy.

In addition to restrictions placed oncurrent Federal government employees,18 U.S.C. 207 p laces some restrictionson con tracting with former officers,employees, and elected officials of theexecutive and legislative branches.Und er these prohibitions, contracts withformer employees are prohibited for aperiod of one year from the d ate ofseverance of duties, unless an exceptionis granted as set forth in 2903.602.

2903.602 Exceptions.(a) In accordance w ith FAR 3.602,

only when there is a most compellingreason to do so, is the AssistantSecretary for Adm inistration andManagement auth orized to except acontract from the p olicy in FAR 3.601,after the Procurem ent Review Board andthe agency eth ics official have reviewedand recommended approval of theexception. However, wh en time doesnot p ermit, the Assistant Secretary forAdministration and Management mayun ilaterally approve an exception. Theexception and information supp orting

the exception mu st be provided to thecontr acting officer for th eir officialrecords.

(b) When an exception u nder th issubp art is requested, it is subm ittedthrou gh the director of the cognizantprogram office to the HCA. In theprocurement request, the director mustdescribe the basis for the exception fromthe restrictions of FAR 3.601.

(c) Except as allowed in p aragraph (a)of this section, the Departmen t of Labormay enter into a n egotiated contract oran amend men t to an existing contract



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with former employees of DOL withinone year of separation (or with firms inwhich former employees are known tohave a su bstantial interest) only afterreview and recommend ation forapp roval by the agency ethics official,the Procuremen t Review Board, andwritten app roval by the AssistantSecretary for Adm inistration and

Management.

(d) Approval of a decision to grant anexception as provided in th is sectionmust be docum ented by a writtenfindin gs and d etermination prepared bythe requesting official for signature by

the Assistant Secretary forAdministration and Management. Thedetermination and findin gs mustdocument compliance with FAR 3.603,FAR 9.5 and DOLAR 2909.5; specify thecomp elling reason(s) for award ; and beplaced in the contract files and the filesof the Policy Review Board.

PART 2904ADMINISTRATIVEMATTERS

Subpart 2904.8Government Contract Files

Sec.2904.80070 Contents of contract fi les .Append ix A to Part 2904.


Subpart 2904.8Government ContractFiles

2904.80070 Contents of contract files.

(a) The reports listed in app end ix Ato this part are app licable to theDepartment of Labor.

(b) HCAs must be responsible forestablishin g standard contract files fortheir con tracting activities. The HCAmu st provide one or more representativecontract files to the Director, Division ofAcquisition Man agemen t Services, asrequested for comm ent.

APPENDIX A TO PART 2904

Title of report Reference Date due Submitted to

Report of Proposed FederalConstruction*.

29 CFR 1.4 ................................... Annually; 20Aug ......................... ESA Davis Bacon.

Contractor Report of GovernmentProperty*.

FAR Chapter 45; .......................... Annually; 31Oct .......................... Business Operations Center.

Major Preference Program Goalsand Achievements Report*.

DLMS 2 1000 ............................... By the 20th of each month ........... Office of Small Business Pro-grams.

A76 & FAIR Act Inventory ........... FAIR ACT & OMB MEMO ............ June 30th of each year ................ Office of Competitive Sourcing.SF 294, Subcontracting Report for

Individual Contracts.FAR Subpart 19.7; ........................ Semi-annually; .............................. Contracting Officer.

SF 294 .......................................... April 30; 30Oct ............................ Office of Small Business Pro-grams.

SF 295, Summary Subcontract Re-port.

FAR Subpart 19.7; ........................ Semi-annually March 30; Sep-tember 30.

Contracting Officer.

Value Engineering Report* ............ OMB Circular A131 .................... Annually; 7Dec ........................... Office of Acquisition and Manage-ment Support Services.

Report on Federal Support to Uni-versities, Colleges, and Non-profit Institutions.

Section 3(a)(7) of the NationalScience Foundation (NSF) Act.

Annually; O/A 15May .................. Upon request From NationalScience Foundation.

Procurement Forecast Initial andUpdate.

Pub. L. 100656; .......................... Sept 15 (Init.) and Apr 15 (Up-date).

Division of Acquisition Manage-ment Services.

For those reports with an (*), if there was no activity for the period being reported, a negative response for the period must be submitted to the

requisitioning office.

SUBCHAPTER BACQUISITION PLANNING

PART 2905PUBLICIZING CONTRACTACTIONS

Subpart 2905.1Dissemination ofInformation

Sec.

2905.101 Methods of d isseminating

information.

Subpart 2905.2Synopsis of ProposedContract Actions

2905.202 Exceptions.Subpart 2905.4Release of Information

2905.402 General public .

2905.403 Requests from Members of

Congress.

2905.404 Release procedures .

Subpart 2905.5Paid Advertisements

2 905 .50 1 S co pe .

2 90 5.50 2 Au th o ri ty .

2 90 5.50 3 Pro ced u res.

Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).

Subpart 2905.1Dissemination ofInformation

2905.101 Methods of disseminatinginformation.

Contracting officers may on ly use th eGovernm ent Poin t of Entr y (GPE) forsynopsis and dissemination ofinformation concerning procurementactions. The Division of Acqu isitionManagement Services man ages the DOLaccount.

Subpart 2905.2Synopsis of ProposedContract Actions

2905.202 Exceptions.

The Assistant Secretary forAdministration and Management isauthorized to make the determinationprescribed in FAR 5.202(b). A writtendetermination documenting the reasonswhy advance notice is not appropriateor reasonable must be submitted by theHCA for app ropriate action inclu din gcommu nication w ith the officials listedin F AR 5.202(b).

Subpart 2905.4Release OfInformation

2905.402 General public.

(a) Unless the HCA determin es thatdisclosure wou ld be prejudicial to theintere sts of DOL, if a list of interestedparties is collected in reference to asolicitation, it may be released u ponrequest.

(b) Any request for release ofinformation is subject to the Freedom ofInformation Act and FAR 24.2.

2905.403 Requests from Members ofCongress.

All proposed responses toCongressional inqu iries must beprepared and forwarded forcoordination with th e Office of theSolicitor and the Office of Congressionaland Intergovernmen tal Affairs todetermine whether circumstances existthat will allow the release of add itionalinformation. In such instan ces, theCongressional requestor mu st befurnished an in terim reply p roviding the



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information th at is releasable. Theinterim reply mu st describe the problemthat preclud es release of any requestedmaterials and describe generally wh atsteps, if any, are being taken to m akesuch in formation available.

2905.404 Release procedures.

HCAs are authorized to release long-

range acquisition estimates und er thecond itions in FAR 5.4041.

Subpart 2905.5Paid Advertisements

2905.501 Scope.

This subpart provides policies andprocedu res for the procurem ent of paidadvertising as covered by 5 U.S.C. 302,and 44 U.S.C. 3701, 3702, and 3703.

2905.502 Authority.

When it is deemed n ecessary to usepaid advertisements in n ewspapers andtrade journals, written auth ority forsuch p ublication may be obtained from

the HCA or designee.2905.503 Procedures.

(a) Prior to obtainin g HCA approval,an agency shou ld seek legal review todetermine whether it has ap propriatelegal auth ority for advertising. The HCAexercising the authority d elegated by2905.502 must do so in accordan ce withthe p rocedures set forth in FAR 5.503and those in this section.

(b) Requests for procurem ent ofadvertising must be accomp anied bywritten auth ority to advertise or publishwh ich sets forth justification andincludes the names of newspapers or

journ als concerned, frequen cy and datesof proposed ad vertisements, estimatedcost, and oth er pertinent information.

PART 2906COMPETITIONREQUIREMENTS

Subpart 2906.3Other Than Full and OpenCompetition

Sec.2 90 6.30 1 Pol icy.2906.303 Justificat ions .

Subpart 2906.5Competition Advocates

2906.501 Requirement.


Subpart 2906.3Other Than Full andOpen Competition

2906.301 Policy.

(a) Department of Labor acquisitionsmust comply w ith the Department ofLabor Manu al Series (DLMS) 2, Chap ter830 (available by m ail from the Director,Division of Acquisition ManagementServices, 200 Constitution Ave., NW.,Washington, DC 202100001), orelectronically from http://www.dol.gov/oasam/programs/boc/prb.htm. An y

proposed noncompetitive acquisition inexcess of the simp lified acqu isitionthreshold mu st be fully justified and , ifrequired by th e DLMS, submitted to theDOL Procuremen t Review Board an dapp roved by the Assistant Secretary forAdministration and Management and ,in the case of research and d evelopmen tcontracts, also by the Assistant

Secretary for Policy.

(b) With th e exception of contracts foradvisory and assistance services or forresearch and development, thecontracting officer has th e auth oritybelow the simp lified acquisitionthreshold to approve sole sourcecontracts. The contracting officer isrespon sible for assuring that proposedacquisitions below the sim plifiedacquisition threshold are in compliancewith FAR and DOLAR requirementsregarding competition.

2906.303 Justifications.

The auth ority of the agency head todetermin e that only specified make andmodels of technical equipment willsatisfy the agencys need und er FAR6.3021 is d elegated to th e HCA.

Subpart 2906.5CompetitionAdvocate

2906.501 Requirement.

The Assistant Secretary forAdministration and Management mu stapp oint a Competition Advocate for theDepartment of Labor. The app ointmen twill be predicated on an u nderstanding

of the comp etition requirements in theFAR, and particularly small businessprograms.

PART 2907ACQUISITION PLANNING

Subpart 2907.1Acquisition Plans

Sec.

2907.105 Contents of written acquisition

plans.

2907.107 Additional requirements for

acquisitions involving bundling.

Subpart 2907.3Contractor VersusGovernment Performance

02907.300 Availability of inventory.


Subpart 2907.1Acquisition Plans

2907.105 Contents of written acquisitionplans.

The Department of Labor hasimplemented its acquisition p lanningsystem in comp liance with FAR 7.1 andinternal procedures provided in DLMS2 section 834. The an nu al forecast isavailable for review from: http://www.apps.dol.gov/contract_grant/index.htm.

2907.107 Additional requirements foracquisitions involving bundling.

The FAR requiremen ts forjustification, review, and app roval ofbun dling of contract requirements alsoapp ly to an order from a Federal Sup plySchedule contract, Governmentwideacquisition contracts, or otherind efinite-delivery contracts if the

requirements consolidated u nder th eorder meet the definition ofbundlingat FAR 2.101.

Subpart 2907.3Contractor VersusGovernment Performance

2907.300 Availability of inventory.

The Departmen t of Labors FAIR Actinventory of commercial activitiesperformed by federal employees andinherently governmental functions maybe accessed on the Internet at:www.dol.gov under Doing Businesswith DOL.

PART 2908REQUIRED SOURCES OFSUPPLIES AND SERVICES

Subpart 2908.4Federal Supply Schedules

Sec.2908.404 Using schedules.


Subpart 2908.4Federal SupplySchedules

2908.404 Using schedules.

Small business considerations,procedures regarding both prime andsubcontracting, and clearances specified

in DOLAR 2919 apply to GSA FederalSupp ly Schedule Orders above thesimplified acquisition threshold.Procedures to be followed may bemod ified by the Office of SmallBusiness Program as app ropriate inorder to comply w ith GSA FederalSupp ly Schedule procedures (e.g., firsttier contracts may be required to reporttheir comm ercial subcontracting goals tothe DOL Office of Small Busin essPrograms).

PART 2909CONTRACTORQUALIFICATIONS

Subpart 2909.1Responsible ProspectiveContractors

Sec.2 90 9.1 05 Pro ced ures .

Subpart 2909.4Debarment, Suspension,And Ineligibility

2 90 9.4 02 Pol icy.2909.405 Effect of listing.2909.4051 Co nt in u at io n o f cu rr en t

contracts.2 90 9.4 06 Debarmen t.2909.4061 Gen eral.2909.4063 Proce du res .2 90 6.4 07 Su sp ens io n .

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2909.4071 Gen eral.

Subpart 2909.5Organizational andConsultant Conflicts of Interest

2 90 9.50 3 Waiver.2 90 9.50 6 Pro ced u res.


Subpart 2909.1ResponsibleProspective Contractors

2909.105 Procedures.

Before award ing a contract, thecontracting officer mu st make a w rittendetermination of the otherwisesuccessful bidders/offerorsresponsibility in accordance with FAR9.105. In addition to p ast performanceinformation, the contracting officer mu stinsure that the proposed contractor, andany subcontractor representing morethan $25,000 in goods or services, doesnot appear in the List of PartiesExcluded from Federal Procurement(available on th e Internet at

www.epls.gov). In addition, contractingofficers should base their determinationof contractor responsibility on a reviewof the companys Summary orFinancial Report from Dun &Bradstreet (available on the Intern et fora fee at http://www.dnb.com/).

Subpart 2909.4Debarment,Suspension, and Ineligibility

2909.402 Policy.

(a) This su bpart p rescribes DOLpolicies and procedures governing thedebarment and suspension ofcontractors, the listing of debarred an d

suspended contractors, contractorsdeclared ineligible (see FAR 9.403) anddistribution of the list. This subpartdoes n ot apply to Departmen t of Labordebarments or suspensions issued forDavis-Bacon Ac t and Davis-BaconRelated Act violations, Service ContractAct violations, Affirmative Action/ EqualEmployment Opportunity violations, orviolations und er other statutesadm inistered by the Departmen t ofLabor.

(b) Contracting activity officials shallhave the following respon sibilities. (1)Heads of contracting activity (HCA)

shall:(i) Provide an effective system toensu re that contracting staffs consult theList of Parties Exclud ed from FederalProcurement and NonprocurementPrograms at http://epls.arnet.gov/before soliciting offers, awarding orextendin g contracts, or consentin g tosubcontract.

(ii) Consider debarmen t or suspen sionof a contractor wh en cause, as definedun der FAR 9.4062 for debarmen t andFAR 9.4072 for suspension, is shown.Contracting officers shou ld con sult w ith

their app ropriate legal coun sel beforemaking a decision to initiate debarmentor susp ension p roceedings. If adetermin ation is made that availablefacts do n ot justify beginn ing debarmen tor suspen sion proceedin gs, the fileshould be documented accordingly.This determ ination is subject toreconsideration if warranted by new

information.(iii) When the d ecision is made to

initiate debarment and/or su spension ofa contractor, the Senior Procuremen tExecutive mu st prepare a notice inaccordance w ith FAR 9.4063(c) or FAR9.4073(c). The d raft notice, along withthe ad min istrative file containin g allrelevant facts and an alysis, mu st beforwarded to the Senior ProcurementExecutive, as the d ebarring andsusp end ing official, following review bythe activitys legal counsel.

(2) The Senior Procu rement Executiveshall:

(i) Review th e notice an dadm inistrative file for sufficiency an dprovid e for review by other DOLofficials as consid ered ap prop riate;

(ii) In accordance w ith FAR 9.4063(c) or FAR 9.4073(c), if it isdetermined that action is warranted,give the contractor prom pt n otice of theproposed debarment or suspension;

(iii) Direct additional fact-finding asnecessary wh en m aterial facts are indispute;

(iv) Notify the contractor and anyaffiliates in volved of th e final d ecisionto debar or suspend, including adecision n ot to debar or suspend , in

accordance w ith FAR 9.4063(c) andFAR 9.4073(c);

(v) Be responsible for accomplishin gthe actions required in FAR 9.404(c)within five working days after debarringor suspen din g a contractor or modifyingor rescind ing such an action;

(vi) Maintain Departmen t-widerecords of debarred or suspendedcontractors in accordance with FAR9.404.

2909.405 Effect of listing.

(a) Contractors debarred, susp end ed,or proposed for debarmen t are excluded

from receiving contracts, and agenciesmu st not solicit offers from, awardcontracts to, or consen t to subcontractwith th ese organizations, unless theHCA determines in w riting that there isa compelling reason for such action an dthe Assistant Secretary forAdministration and Managementapproves such determinations.

(b) Bids received from any listedcontractor in response to an in vitationfor bids mu st be entered on the abstractof bids, and rejected un less the HCAdetermin es in writing that there is a

compelling reason to consider the bidand the Assistant Secretary forAdministration an d Managementapproves such action.

(c) Proposals, quotations, or offersreceived from any listed contractor shallnot be evaluated for award or includ edin the comp etitive range, nor shalldiscussions be conducted with a listed

offeror du ring a p eriod of in eligibility,un less the HCA determines in writingthat there is a compelling reason to doso and the Assistant Secretary forAdministration an d Managementapproves such action.

2909.4051 Continuation of currentcontracts.

(a) At the time an op tion is beingexercised, contracting officers mu streview the List of Parties Excluded fromFederal Procurement andNonp rocuremen t Programs. If acontractor or significant su bcontractor isidentified in th e listing, the contracting

officer mu st make a w rittendetermin ation either to proceed or toterminate the contract, and m ust explainthe rationale for the decision. Inaccordance w ith FAR 9.4051,contracting officers may contin uecontracts or subcon tracts in existence atthe time a contractor is susp end ed ordebarred, un less it is determined th attermination of the contract is in the bestinterest of the Governmen t. Thecontracting officer must m ake suchdetermin ation in w riting, afterconsultin g with th e contracting officerstechnical representative and legal

counsel. The determination must beapp roved by the HCA.

(b) Contracting activities m ust n otrenew or otherwise extend the du rationof current contracts, or consent tosubcontracts, with contractors debarred,suspended , or proposed for debarment,un less the HCA states, in writing, thecompelling reasons for renewal orextension and the Assistant Secretaryfor Administration and Managementapproves such action.

2909.406 Debarment.

2909.4061 General.

(a) The Senior Procu rement Executiveis the d ebarrin g official for DOL and isauthorized to debar a contractor for anyof the causes in FAR 9.4062, using theprocedures in 2909.4063.

(b) The Sen ior Procuremen t Executiveis authorized to make an exceptionregardin g debarment by another agencydebarring official in accordance with thecond itions in FAR 9.4061(c).


(a)Inv estigation an d referral.Whenever a DOL emp loyee knows a

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cause for debarment, as listed in FAR9.4062, the ap prop riate HCA affectedmu st be notified. The con tracting officermu st consult with the Office of theSolicitor and th e Office of the InspectorGeneral, as approp riate, and su bmit aformal recommendation docum entingthe cause for debarment to the SeniorProcuremen t Executive.

(b) Notice of p roposal to debar. Basedupon review of the recommendation todebar and con sultation with the Officeof the Solicitor and Office of theInspector General, as app ropriate, theSenior Procuremen t Executive mustinitiate proposed debarment by takingthe actions listed in FAR 9.4063(c) andadvising the contractor of DOLs rulesund er 2909.4.

(c) Fact-finding proceedings. Foractions listed un der FAR 9.4063(b)(2),the Senior Procuremen t Executive mustafford the con tractor the op portun ity toapp ear at an informal fact-find ing

proceedin g as required by FAR 9.4063(b)(2)(i). The proceeding must becond ucted by th e Office ofAdm inistrative Law Jud ges and m ust beheld at a date and location reasonablyconvenient to the parties concerned.Subject to the p rovisions of 29 CFR part18, entitled Rules Of Practice AndProcedure For Ad min istrative HearingsBefore The Office Of AdministrativeLaw Jud ges, the contractor and anyspecifically n amed affiliates, may berepresented by coun sel or any d ulyauthorized representative. Either partymay call witnesses. The proceedin gs

must be condu cted expeditiously and insuch a m anner that each party will havea full opportun ity to present allinformation considered p ertinent to theprop osed debarmen t. A transcript of theproceedin gs must be made available tothe contractor un der the cond itions inFAR 9.4063(b)(2)(ii).

(d )Decision and notice. The SeniorProcuremen t Executive shall make adecision on imposing debarment inaccordance with the procedures in FAR9.4063(d), find ings of fact of theAdm inistrative Law Judge, and thecond itions in FAR 9.4064 and 9.406

5. Notice of the decision mu st beprovided to the contractor and anyaffiliates involved in accordan ce withthe proced ures in FAR 9.4063(e).

2909.407 Suspension.

(a) The Senior Procu rement Executiveis the su spend ing official for DOL andis authorized to susp end a con tractor forany of the cau ses in FAR 9.4072, usingthe procedures in 2909.4063.

(b) The Senior Procu rement Executiveis authorized to make an exception,regardin g susp ension by another agency

suspending official under the conditionsin FAR 9.4071(d).

2909.4071 General.

(a)Inv estigation an d referral.When ever a DOL employee knows of acause for suspen sion, as listed in FAR9.4072, the app ropriate HCA affectedmu st be notified. The HCA mu st consult

with the Office of the Solicitor and theOffice of the Ins pecto r General, asapp ropriate, and su bmit a formalrecommend ation d ocumenting the causefor suspension , to the SeniorProcuremen t Executive.

(b)Notice of suspen sion. Based up onreview of the recommen dation tosuspend and consultation with theOffice of the Solic itor and the Office ofthe Insp ector General, as required, theSenior Procuremen t Executive willinitiate suspen sion by taking the actionslisted in FAR 9.4073(c) and advisingthe con tractor of DOLs rules under this

subpart.(c) Fact-finding proceedings. Foractions listed un der FAR 9.4073(b)(2),the Senior Procuremen t Executive mustafford the con tractor the opp ortunity toapp ear at informal proceedings, asrequired by FAR 9.4073(b)(2)(i). Eitherparty may call witn esses. Theproceedings mu st be condu ctedexpeditiously and in su ch a mann er thateach party will have a full opp ortun ityto present all information consideredpertinent to the proposed suspension.

(d) Susp ension d ecisions. The SeniorProcuremen t Executive must make afinal decision on suspension as

prescribed in FAR 9.4073(d). Notice ofthe decision m ust be provided to thecontractor and any affiliates involved, inaccordance with the provisions in FAR9.4073(d)(4).

Subpart 2909.5Organizational andConsultant Conflicts of Interest

2909.503 Waiver.

(a) The Sen ior Procuremen t Executiveis delegated au thority by the AssistantSecretary for Adm inistration andManagement to waive any general ruleor procedu re in FAR 9.5 when its

app lication in a p articular situationwould not be in the Governments bestinterest.

(b) Requests for waivers mu st be mad eby the HCA to the PE. Each request m ustinclude:

(1) An an alysis of the facts involvingthe poten tial or actual conflict includ ingbenefits and d etriments to theGovernment an d prospectivecontractors;

(2) A discussion of the factors wh ichpreclud e avoiding, neutralizing, ormitigating th e conflict; and

(3) Identification of the provision(s) inFAR 9.5 to be waived.

(c) In making determinations un derthis subpart the Senior ProcurementExecutive must request the opin ion ofthe Office of the Solicitor, Division ofLegislation and Legal Counsel.


(a) If a prospective contractordisagrees with the decision of acontracting officer regarding anorganizational con flict of interest andrequests higher level review as referredto in FAR 9.506, the matter mu st bereferred to the Office of the Solicitor,Associate Solicitor for Legislation andLegal Counsel, and the Director,Division of Acquisition Man agemen tServices.

(b) Referrals must be mad e by th eHCA concerned and include thecontracting officers decision and theposition of the prosp ective contractor.

PART 2910MARKET RESEARCH

Sec.2 91 0.0 02 Pro ced ures .



(a) In accordance w ith FAR 6.3021(c), purchase description s must notspecify a prod uct, or sp ecific feature ofa produ ct, pecu liar to a manufacturerun less they are justified to thecontracting officer in w riting by theoffice initiating the pu rchase request.The justification mu st state that the

prod uct, or specific prod uct feature, isessential to the Governmen tsrequirements and other similar p roductsor features will not m eet theserequirements. This determination mustbe signed by a rep resentative of theoffice originating the requ est and mu staccompany the purchase requisitionsubmitted to the appropriate contractingoffice. If such a justification is n ot mad e,the contracting officer may assum e thatanother make and mod el or a genericprod uct could equally meet the DOLrequirement.

(b) In accordance with FAR 10.002(b),the requisitionin g office mu st submit tothe contracting officer in formationdemon strating that a variety of productsfrom various commercial sources havebeen considered . This requiremen t isnot n ecessary for required sources (SeeFAR 8.001). Orders to be placed againstnon-mandatory sources, such as theFederal Supply Schedules, or otherGovernm entwid e Acquisition Contracts,should include p roduct informationconcernin g mu ltiple sources based onresearch fromwww.contractdirectory.gov site or other

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sources. When docum ented in thisman ner, the con tracting officer may relyon this information in develop ing aprocu rement strategy, or fordocu men ting the comparison of catalogsor p ricelists.

PART 2911DESCRIBING AGENCYNEEDS

Subpart 2911.1Selecting And DevelopingRequirements Documents

Sec.2911.103 Market acceptance.

Subpart 2911.5Liquidated Damages

2 91 1.50 1 Pol icy.


Subpart 2911.1Selecting AndDeveloping Requirements Documents

2911.103 Market acceptance.

The auth ority of the Head of anAgency un der FAR 11.103(a), to require

offerors to demon strate that the itemsoffered have either ach ieved comm ercialmarket acceptance or been satisfactorilysupp lied to an agency und er current orrecent contracts for the same or similarrequirements, and otherwise meet theitem description , specifications, or othercriteria prescribed in th e public noticeand solicitation, is delegated to theHCA.

Subpart 2911.5Liquidated Damages

2911.501 Policy.

In accordan ce with FAR 11.501(d),the au thority of the Head of Agency to

recommend to the Department ofTreasury, Commissioner, FinancialManagement Services, that the amou ntof a contractors liquidated d amages bewaived or reduced in wh ole or in p art,is delegated to the HCA.

PART 2912ACQUISITION OFCOMMERCIAL ITEMS

Subpart 2912.3Solicitation Provisions andContract Clauses for the Acquisition ofCommercial Items

Sec.2912.302 Tailoring of provisions and

clauses for the acquisition of commercial

items.Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).

Subpart 2912.3SolicitationProvisions and Contract Clauses forthe Acquisition of Commercial Items

2912.302 Tailoring of provisions andclauses for the acquisition of commercialitems.

In accordan ce with FAR 12.302(c), arequest for waiver to tailor termsinconsistent w ith customarycommercial practice must be

docu mented in a written justification bythe con tracting officer, and m ay beapproved by the HCA on an ind ividualor class basis.

PART 2913SIMPLIFIED ACQUISITIONPROCEDURES

Subpart 2913.1Procedures

Sec.2913.1063 Solici t ing competit ion ,

evaluation of quotations or offers, award

and documentation.

Subpart 2913.2Actions At Or Below TheMicro-Purchase Threshold

2 91 3.2 01 Gen eral .

Subpart 2913.3Simplified AcquisitionMethods

2913.301 Governmentwide commercial

purchase card.

2 91 3.3 07 F or ms .


Subpart 2913.1Procedures

2913.1063 Soliciting competition,evaluation of quotations or offers, awardand documentation.

In accordance w ith FAR 13.1063(b),simplified acquisition files must containdocu mentation of the factors consideredin makin g an award in excess of themicro-purchase th reshold. When otherthan th e lowest respon sive quotationfrom a respon sible sup plier is used asthe basis for a purchase, the contractingofficer must identify the basis (i.e., bestvalue) of the award and include in the

purchase file documentation of thereasons for rejecting any low erquotation and the name of theindividual responsible for making thedetermination to award to other than thelowest priced quotation. The contractingofficer has broad d iscretion indetermining the award of a pu rchaseorder, which may be based on thefactors listed in FAR 13.1063. Thisrequiremen t does not necessitate aseparate determination if theprocurement file contains preprintedstandard ized classifications for award .

Subpart 2913.2Actions at or Belowthe Micro-Purchase Threshold

2913.201 General.

The Government commercialpu rchase card must be used inpreference to other methods ofprocurement for purchases up to themicro-purchase threshold. Other smallpu rchase methods (blanket pu rchaseagreemen ts, third party d rafts, andpu rchase orders) may be used in lieu ofthe Government pu rchase card w hen itis more cost-effective or practicable.

Subpart 2913.3Simplified AcquisitionMethods

2913.301 Governmentwide commercialpurchase card.

(a) The Government p urch ase cardhas far fewer requirements fordocumentation than other methods ofpu rchasing. However, the same legal

restrictions ap ply to cred it cardpurchases that apply to other p urchasesusing appropriated funds. If a purchasecardholder has questions about thelawfulness of a particular pu rchase, heor she mu st initially consu lt his or herapp ropriate office purch ase cardadministrator, who will consult theOffice of the Solicitor as necessary.

(b) GAO decisions surrou nd ing theconcept of the availability ofappropriations are often stated in term sof wh ether approp riated fun ds are or arenot legally available for a givenexpend iture. Restrictions on the

purp oses for which app ropriated fundsmay be used come from a variety ofsources, includ ing the DOLAppropriations Acts, and decisions ofthe Comptroller General and h ispred ecessor, the Comp troller of theTreasury.

(c) HCAs, administrative officers, andcontracting officers are encou raged toreview the GAO publication entitledPrinciples of Federal Approp riationsLaw. This documen t must be consu ltedwh en develop ing Office/AgencyPurchase/ Credit Card Programprocedures. A number of the more

common restrictions which accountingofficers of the Governm ent have hadfrequent occasion to consider and ap plyinclud e, for example:

(1) Paymen t of attorneys fees;

(2) Purch ase of food, entertainm ent orrecreation;