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TREASURY DIRECTIVE 12-11

DATE:  February 3, 2017
 
SUBJECT: Authorities of the Senior Procurement Executive
 
1.  PURPOSE. Delegation of Department of the Treasury (Department) procurement authority and specific non-procurement authority related to suspension and debarment to the Senior Procurement Executive (SPE).

2.  SCOPE. This Directive applies to all bureaus, offices, and organizations in the Department of the Treasury, including the Offices of Inspectors General within the Department. The provisions of this directive shall not be construed to interfere with or impede the authorities or independence of the Treasury Inspector General, the Treasury Inspector General for Tax Administration, or the Special Inspector General for the Troubled Asset Relief Program.
 
3.  DELEGATIONS.

     a. Senior Procurement Executive. The Director, Office of the Procurement
Executive, Departmental Offices, is designated as SPE, in accordance with the provisions of Executive Order (E.O.) 12931, "Federal Procurement Reform," and 41 U.S.C 1702(c). The SPE is delegated full procurement authority for the Department, except where by law or regulation authority vests in another authority or except where prohibited by law, regulation, or policy. The SPE is responsible for the maintenance and oversight of a Department-wide procurement system, to include:

1) Policy and Operational Matters.

a) to prescribe and publish Department-wide procurement policies, regulations, and procedures;

b) to make determinations and decisions, conduct reviews, and take other actions consistent with appropriate laws, Executive Orders, policies, regulations, and procedures with respect to purchases, contracts, leases, interagency agreements, agreements and other contractual procurement transactions, except those required by law or regulation to be made by other authority;

c) to designate Purchase Card and Travel Card Coordinator(s) to oversee the Department’s Purchase Card Program and Travel Card Program, establish purchase card and travel card policy, and promote the efficient and proper use of these cards;
 
d) to designate, pursuant to 41 U.S.C 1705, the Department advocate for competition, and designate pursuant to 41 U.S.C 4106(g), a task and delivery order ombudsman who meets the qualifications required by that provision; and

e) to promote the use of performance-based contracting in accordance with government-wide and Department-wide goals.
 
2) Continuous Improvement.

a) to establish and chair a Treasury Acquisition Council of Departmental and Bureau officials and front line representatives and convene other working groups, as deemed necessary, to assist in accomplishing pertinent responsibilities;

b) to oversee the development of procurement goals, guidelines, and innovation, measure and evaluate procurement office performance against stated goals, and advise Bureau Heads whether the goals are being achieved; and

c) to obtain information on private and public sector best practices related to procurement, including strategic sourcing, and promote implementation of innovative practices and streamlined processes designed to improve procurement management and productivity.

3) Acquisition Career Management Program.

a) to enhance the development of the acquisition workforce by:

(1) establishing Departmental policies consistent with the Federal Acquisition Certification in Contracting (FAC-C) Program for acquisition professionals;

(2) managing and redelegating responsibilities, as applicable, for the training of Contracting Officer Representatives (CORs) consistent with the Federal Acquisition Certification – Contracting Officer’s Representative (FAC-COR) Program requirements;

(3) providing oversight of the management of the Federal Acquisition Certification for Program and Project Managers (FAC-PPM) Program, the implementation of which is delegated to the Deputy Assistant Secretary for Information Systems and Chief Information Officer;
 
(4) establishing a system for the delegation of procurement authority to contracting officers and other appropriate individuals; and

(5) establishing annual performance goals for the acquisition workforce in accordance with 41 U.S.C 1703.


4) e-Government.

a) to develop and maintain an automated procurement data system, as required by the Office of Federal Procurement Policy Act, as amended, and assure that procurement data submitted to the Federal Procurement Data System is accurate, complete and timely;

b) to encourage the use of information technology to support procurement and lead/direct efforts towards standardization, including the development of interfaces with other Departmental systems, such as the financial management accounting system, to increase productivity and streamline the procurement process;

c) to designate, pursuant to 41 U.S.C 4709, a program manager reporting directly to the SPE, to direct the development and implementation of an electronic commerce capability for acquisition management throughout Treasury; and

d) to approve, prior to development, other Department-wide or Bureau automated procurement systems.

5) Evaluation and Monitoring.

a) to evaluate and monitor the performance of the Department's procurement operations, including internal procurement oversight processes throughout Treasury;

b) to implement an effective and efficient contract administration program that reviews existing and planned acquisitions to ensure that the Department receives the best value with regard to price and technology and ensures systemized contract performance evaluations, including the qualifications of contracting officers and CORs; and

c) to fulfill the procurement oversight responsibilities from E.O. 12931, Section 1.
 
Procurement suspension and debarment authority. The SPE is designated the authority to serve as the Suspending Official and the Debarring Official for procurement related matters in accordance with 48 CFR Subpart 9.4. This authority may not be further delegated.
 
Non-procurement suspension and debarment authority. The SPE is designated as the Suspending Official and the Debarring Official for non-procurement related matters in accordance with 31 CFR Part 19. This authority may not be further delegated.
 
4.  REDELEGATION. The authorities delegated in this directive may be redelegated by the SPE, except where prohibited by law, regulation, or policy. Warrant authority may pass through individuals unqualified themselves to be warranted, but warrants may only be granted to personnel meeting the requisite qualification standards to serve as Contracting Officers for the United States, unless waived by the SPE.

5.  LIMITATIONS. All authorities delegated, regardless of whether the affected
procurement transactions are funded by appropriated or non-appropriated funds, shall be exercised in accordance with applicable limitations of the:

a. Office of Federal Procurement Policy Act;

b. Federal Acquisition Regulation, 48 CFR Chapter 1;

c. Federal Management Regulation, 41 CFR Chapter 102; and

d. Regulations issued by the Department including, but not limited to, 48 CFR Chapter 10.

6.  PROVISO.
a. Limitations in 3.a. through d. shall not affect the exemption established with
respect to the United States Mint in 31 U.S.C 5136 which provides in relevant part:
"That provisions of law governing procurement or public contracts shall not be  applicable to the procurement of goods and services necessary for carrying out Mint
programs and operations.”

b. The SPE may exempt the Office of the Comptroller of the Currency from those Department of Treasury Acquisition Regulations and guidelines that implement or are otherwise based upon or refer to specific provisions in the Federal Acquisition Regulation.

c. This Directive is for the internal management of the Department and does not create any right or benefit, substantive or procedural, enforceable by any party against the Department.

d. The authority of the Inspectors General is set forth in Section 3 of the Inspector General Act and the Internal Revenue Service Restructuring and Reform Act, and defined in Treasury Order 114-01 (OIG) and Treasury Order 115-01 (TIGTA), or successor orders. The provisions of this order shall not be construed to interfere with that authority.
 
7.  REFERENCES.

     a. 48 CFR Chapter 1, “Federal Acquisition Regulation.”

     b. 48 CFR Chapter 10, “Department of the Treasury Acquisition Regulations.”

     c. 41 CFR Chapter 102, “Federal Management Regulation.”
 
     d. 31 CFR Part 19, “Governmentwide Debarment and Suspension
         (Nonprocurement).”
 
e. Department of the Treasury Acquisition Procedures.
 
f. Treasury Directive 76-01, “Department of the Treasury Acquisition Regulation and Department of the Treasury Acquisition Procedures,” dated January 25, 2015.
 
g. Treasury Directive 12-12, “Procurement and Non-Procurement Suspension and Debarment,” dated August 29, 2012.

h. Treasury Order 101-30, "Designation of 'Head of Agency' for Procurement Matters,” dated October 29, 2008.
 
i. Department of Treasury Acquisition Certification Management Program Handbook
 
8.  AUTHORITIES.

a. E.O. 12931, “Federal Procurement Reform,” dated October 13, 1994.

b. Federal Acquisition Streamlining Act of 1994, Pub. L. 103-355.

c. Competition in Contracting Act of 1984, Pub. L. 98-369, Division B, Title VII, codified in relevant part at 41 U.S.C 1705.
 
d. 41 U.S.C 1706
 
e. 41 U.S.C 1902
 
9.  CANCELLATION.  Treasury Directive 12-11, Procurement Authority, dated June 26, 2012 is superseded.
 
10.  OFFICE OF PRIMARY INTEREST. Office of the Procurement Executive.
 
 
 

/s/
Kody H. Kinsley
Assistant Secretary for Management
 
 
Last Updated: 2/8/2017 8:27 AM