NARA 101, PART 14. Office of the Chief Acquisition Officer

ORGANIZATION 
1.  Chief Acquisition Officer 

1. Provides advice and assistance to the Archivist of the United States in establishing appropriate business strategies to achieve the NARA mission and agency performance objectives; ensures that NARA acquisition planning and contract management processes are integrated into agency strategic and operational planning processes.  
2. Provides strategic direction and establishes policy governing the NARA acquisition program, including solicitation, award, management, and evaluation of all NARA acquisitions, acquisition operations, and implementation of Federal acquisition laws, regulations, and policies; is accountable for and carries out the duties enumerated for agency Chief Acquisition Officers in the Services Acquisition Reform Act (Title XIV of Public Law 108-136, 41 U.S.C. 1702).  
3. Appoints and terminates appointments of all NARA procurement officials, including Contracting Officers, Contracting Officer’s Representatives, Government purchase card (GPC) holders, and GPC approving officials.  
4. Ensures the use of full and open competition in NARA contracting to the fullest extent practicable and advocates for the use of small and disadvantaged businesses in NARA acquisition decisions.  Serves as the Director of Small and Disadvantaged Business Utilization.  
5. Implements procurement initiatives, best practices, and reforms, including developing a program for routine evaluation of contract performance to identify contracts that are wasteful, inefficient, or unlikely to meet NARA needs and integrates the results of the evaluations into future award decisions; regularly reviews NARA acquisition activities to determine specific areas where performance standards should be established and applied.  
6. Ensures that NARA internal controls relating to acquisition are consistent with all laws, regulations, OMB guidance, and policies governing NARA management control processes; and assures the integrity of NARA acquisitions data, including data reported externally through the government-wide System for Awards Management (SAM).  
7. Develops programs to enhance the acquisition workforce, including providing for workforce planning, career paths, and education and training; administers the NARA Federal Acquisition Certification program and appoints acquisition officials; and serves as the Acquisition Career Management Program Officer. 
8. Administers the certification program for program and project managers, develops program and project management policies, and provides program and project managers with effective tools to fulfill their responsibilities. 
9. Ensures that the “open NARA” principle of seeking input and participation from stakeholders and customers (internal and external) is actively pursued, and that the input is considered in making decisions. 
10. Ensures program coordination and direction by collaborating and consulting with the Archivist, the Deputy Archivist, the Chief Operating Officer, colleague executives, and staff across NARA to address agency-wide lifecycle responsibilities; evaluates feedback from key subordinates and considers evaluation reports from the Government Accountability Office (GAO), NARA’s Inspector General (IG), the Office of Management and Budget (OMB), the National Security Staff, and other relevant bodies. 

2. Senior Procurement Executive 

1. Manages the NARA procurement system, including implementation of NARA procurement policies, regulations, and standards, and serves as NARA’s Head of Contracting Activity.  
2. Authorizes, executes, administers, amends, and, if necessary, terminates all procurement contracts (including interagency agreements entered into under the authority of the Economy Act) for property and services required by NARA, and makes related decisions, determinations, and findings. 
3.  Appoints and terminates appointments of NARA procurement officials with authority up to $100,000,000 per contract or order, including Government purchase card (GPC) holders, with authority up to the micro-purchase threshold.  
4. Appoints and terminates appointments of the primary and alternate Competition Advocate.  
5. Serves as NARA’s Suspension and Debarment Official, and takes action to suspend, debar, or potentially debar contractors, or otherwise exclude parties based on contractor misconduct.  

3. Competition Advocate 

The Competition Advocate and alternate Competition Advocate are NARA officials outside of the Office of the Chief Acquisition Officer who perform the following functions.  The primary and alternate Competition Advocates are NARA procurement officials and report to the Senior Procurement Executive when executing the duties and responsibilities enumerated below.  

1. Promotes full and open competition; promotes the acquisition of commercial items; and challenges barriers to acquisition, including unnecessarily restrictive statements of need, unnecessarily detailed specifications, and unnecessarily burdensome contract clauses. 
2. Authorizes the Contracting Officer’s justification for contract award when using other than full and open competition (sole- or limited-source procurements), approves other determinations and findings related to such contract awards, and makes recommendations on methods to increase competition on such contracts.  Authorizations and approvals are subject to the concurrence of the Office of General Counsel.  
3. Submits a written report to the Senior Procurement Executive no less than annually that: describes opportunities to increase competition and any conditions or actions which have the effect of unnecessarily restricting competition in NARA procurement activities; and recommends actions necessary to increase competition in future NARA procurements.   

 
DELEGATION OF AUTHORITIES 

Authorities Delegated to the Office of the Chief Acquisition Officer by the Archivist 

4. Chief Acquisition Officer 

1. Execute the duties enumerated for agency Chief Acquisition Officers in the Services Acquisition Reform Act of 2003 (Title XIV of Public Law 108-136, 41 U.S.C. 1702).  This authority is delegated from the Archivist of the United States to the Chief Acquisition Officer.  
   1. Advise and assist the Archivist of the United States in determining the appropriate business strategies to achieve the NARA mission. 
   2. Monitor the performance of NARA acquisition activities and programs, and evaluate the performance of those programs using appropriate performance measurements;  
   3. Establish policies, procedures, and practices that increase the use of full and open competition in the acquisition of property and services by NARA;  
   4. Increase appropriate use of performance-based contracting and performance specifications in NARA acquisition activities;  
   5. Make acquisition decisions, consistent with all applicable laws and establish clear lines of authority, accountability, and establish clear lines of responsibility for acquisition decision-making within NARA;  
   6. Manage NARA acquisition policy, including implementation of any unique acquisition policies, regulations, and standards applicable to NARA; 
   7. Develop and maintain a NARA acquisition career management program to ensure that NARA has an adequate professional workforce; and  
   8. Ensure the appropriate strategic planning and evaluation of NARA acquisition resources, including: 
      1. Assessing the requirements established for agency personnel regarding knowledge and skill in acquisition resources management and the adequacy of those requirements for facilitating the achievement of the performance goals established for acquisition management;  
      2. If necessary, developing strategies and specific plans for hiring, training, and professional development to rectify a deficiency in meeting those requirements; and  
      3. Reporting to the Archivist of the United States on the progress made in improving acquisition management capability. 
   9. (9) Perform any additional duties that are assigned to agency Chief Acquisition Officers by law, regulation, or policy.  
2. b.  In addition to the above responsibilities, the following delegations of authority are made by the Archivist of the United States to the Chief Acquisition Officer: 
   1. (Designate the NARA Senior Procurement Executive, who will report directly to the Chief Acquisition Officer without any intervening authority (41 U.S.C. 1702(c)).  
   2. Designate the NARA Competition Advocate and alternate Competition Advocate, who will be responsible for promoting full and open competition, promoting the acquisition of commercial items, and challenging barriers to such acquisitions (41 U.S.C. 1705).   
   3. Exercise all duties, responsibilities, and powers related to the procurement of property or services and assigned to the Archivist of the United States as the “executive agency” in Division C of Title 41, U.S.C.  These authorities are delegated pursuant to 41 U.S.C. 3102.   
   4. Carry out all powers, functions, and duties of the Archivist of the United States regarding the establishment of an acquisition and contracting training program and succession planning activities for the NARA acquisition workforce (41 U.S.C. 1704).  
   5. Appoint or terminate appointments of all NARA procurement officials, including Contracting Officers, Contracting Officer’s Representatives, Government purchase card (GPC) holders, and GPC approving officials (48 CFR 1.603). 
   6. Approve individual and class deviations to the Federal Acquisition Regulation (48 CFR 1.403, 1.404).  The Chief Acquisition Officer may not approve FAR deviations pertaining to treaties, executive agreements, or Trust Fund procurements. 
   7. Serve as Director of Small and Disadvantaged Business Utilization and fulfill NARA responsibilities under sections 637 and 644 of Title 15, United States Code, and Executive Order 13170 (October 6, 2000), Increasing Opportunities and Access for Disadvantaged Businesses.  
   8. Serve as NARA Labor Compliance Advisor; assist Contracting Officers in fulfilling their responsibilities under E.O. 13673, Fair Pay and Safe Workplaces, and E.O. 13627, Strengthening Protections Against Trafficking in Persons in Federal Contracts; and perform all other duties assigned to the Labor Compliance Advisor under law, regulation, or policy.  
   9. Act as Agency Head for purposes of carrying out the provisions of the Contract Work Hours and Safety Standards Act (40 U.S.C., Chapter 37).  Upon appeal of an initial administrative determination to assess liquidated damages, either affirm the assessment or recommend to the Secretary of Labor to waive or adjust the assessment (40 U.S.C. 3703).  

5. Senior Procurement Executive 

The following delegations of authority are made by the Chief Acquisition Officer to the Senior Procurement Executive:  

1. Manage the NARA procurement system, including implementation of NARA procurement policies, regulations, and standards (41 U.S.C. 1702(c)) and serve as NARA’s Head of Contracting Activity.  
2. Authorize, execute, administer, amend, and, if necessary, terminate all procurement contracts (including interagency agreements entered into under the authority of the Economy Act) for property and services required by NARA, and make related decisions, determinations, and findings (41 U.S.C. 3102).  This authority may only be redelegated to qualified personnel through Contracting Officer certificates of appointment that clearly define the limits of the delegated authority.   
3. Appoint Contracting Officers with limited procurement authority not to exceed $100,000,000 per contract or order and including government purchase cardholders, limited to the micro-purchase threshold amount per purchase.  This authority may not be redelegated.  
4. Redelegate limited purchasing authority to qualified personnel for simplified acquisitions, including Government purchase cards, and issuance of delivery and task orders under contracts established by other Federal agencies or under pre-priced indefinite-delivery contracts established by the NARA Senior Procurement Executive.   
5. Carry out all powers, duties, and functions of the Archivist of the United States to suspend, debar, or potentially debar contractors or otherwise exclude parties Government-wide under as described in Federal Acquisition Regulations, including 48 C.F.R. Subpart 9.4.  
6. Carry out all powers, functions, and duties of the Archivist of the United States for the effective management of the NARA acquisition workforce, including establishing policies and procedures for education, training, and career development (41 U.S.C. 1703(c)).  
7. Ratify unauthorized commitments subject to the restrictions in Federal Acquisition Regulations, 48 CFR 1.602-3.  This authority may not be redelegated. 

6. Competition Advocate

The following delegations of authority are made by the Chief Acquisition Officer to the Competition Advocate. 

1. Promote full and open competition, promote the acquisition of commercial items, and challenge barriers to such acquisitions (41 U.S.C. 1705).   
2. Approve justifications for use of non-competitive procedures as described in and subject to the limitations of 41 U.S.C. 3304 and Federal Acquisition Regulation, subpart 6.3.  Approval is subject to the concurrence of the Office of General Counsel.  
3. Perform all other duties that are assigned to the Competition Advocate by law, regulation, or policy. 

7. General Administration 

1. Accept and use voluntary and uncompensated personal services for NARA (44 U.S.C. 2105(d)).  This authority may not be redelegated.   
2. Accept orders from other departments, establishments, bureaus, or offices for materials, supplies, equipment, work, or service pursuant to the Economy Act (31 U.S.C. 1535), and make agreements as to cost adjustments in connection therewith.