authority under Public Law 85-804-an Act to authorize the making, amendment, and modification of contracts to facilitate the national defense, August 28, 1958, in accordance with E.O. 10789, November 14, 1958, as amended, and part 50 of the Federal Acquisition Regulation. 3. Make Secretarial determinations, justifications, and approvals on behalf of the Defense Advanced Research Projects Agency (DARPA), Defense Communications Agency (DCA), Defense Contract Management Agency (DCMA), Defense Logistics Agency (DLA), Defense Mapping Agency (DMA), and the Defense Nuclear Agency (DNA) under Title 10, United States Code, with authority to redelegate to the Directors of those Agencies, as appropriate. 4. Act for the Secretary of Defense in the establishment and granting of waivers under the Buy American Act (41 U.S.C. 10a-10b). 5. Act for the Secretary of Defense on delegations of authority to him by the U.S. Trade Representative to waiver the prohibition against procurement from certain countries, pursuant to title 3, Public Law 96-39, Trade Agreements Act of 1979 (19 U.S.C. 2511 et seq.), and E.O. 12260, July 26, 1979. 6. Act for the Secretary of Defense in exercise of authority delegated by the Administrator of General Services to dispose of surplus personal property and to waive prescribed demilitarization requirements under DoD Directive 4160.21.2 7. Make determinations with respect to the donation of surplus personal property to educational activities of special interest to the Armed Forces of the United States as prescribed in DoD Directive 4160.25.3 8. Act for, and exercise the powers of, the Secretary of Defense concerning requests for waiver of the navigation and vessel inspection laws of the United States under Public Law 891, 81st Congress, 2nd Session, December 27, 1950 (64 Stat. 1120), except on those matters that have been delegated by the Secretary of Defense to the Secretary of the Army. 9. Make recommendations to the Department of Energy in connection with facilities for transmission of electric energy and natural gas across borders of the United States, pursuant to the authority given the Secretary of Defense in E.O. 10485, September 3, 1953, as amended by E.O. 12038, February 3, 1978. 10. Act for the Secretary of Defense in the field of transportation and traffic management under section 201(a), title 11, of the Federal Property and Administrative Serv 2 See footnote 1 to paragraph 1. of this appendix. 3 See footnote 1 to paragraph 1. of this appendix. ices Act of 1949, as amended (50 U.S.C. 481(a)) (DoD Directive 5126.94). 11. Act for the Secretary of Defense as the DoD claimant to other designated Executive Departments and Agencies for petroleum requirements and allocations in an emergency (DoD Directive 4140.255). 12. Exercise all responsibilities and authorities of the Secretary of Defense under title 10, United States Code, section 2404, with respect to the acquisition of petroleum. 13. Act for the Secretary of Defense in the implementation of OMB Circular No. A.109, "Major System Acquisitions," April 5, 1976. 14. Make the determination required by title 50, United States Code, section 1512(1), concerning transportation or testing of any lethal chemical or any biological warfare agent. 15. Act for the Secretary of Defense for ensuring compliance with Public Law 92-463, the Federal Advisory Committee Act (5 U.S.C. appendix), and make written determinations for conduct of all closed meetings of Federal Advisory Committees under his cognizance as prescribed by section 10(d) of the Act (5 U.S.C. appendix, 10(d)). 16. Act for the Secretary of Defense as the primary OSD interface with the Defense Policy Advisory Committee on Trade. 17. Act for the Secretary to make appropriate supporting determinations and execute leases under title 10, United States Code, section 2667. 18. Act for the Secretary of Defense in the implementation of OMB Circular A-76,6 "Performance of Commercial Activities," as revised, August 4, 1983. 19. With the exception of the determination of highly sensitive classified programs, which is retained by the Secretary of Defense, exercise the responsibilities and authorities of the Secretary of Defense to designate major defense acquisition programs, as defined in title 10, United States Code, section 2430. 20. Act for the Secretary of Defense in preparing and revising an acquisition strategy plan for a major program throughout the period from the beginning of Full-Scale Development through the end of production under section 2438, subsection (a) of title 10, United States Code, and in making the prescribed congressional submissions. This delegation of authority may not be redelegated. 21. Act for the Secretary of Defense in making determinations and waivers, and in submitting waivers of requirements for competitive alternate sources with respect to 4 See footnote 1 to paragraph 1. of this appendix. 5 See footnote 1 to paragraph 1. of this appendix. "Copies may be obtained by written request to: EOP Publications, 725 Seventeenth Street NW., Washington, DC 20503. Full-Scale Development and with respect to production for major programs under section 2438, subsection (c) of title 10, United States Code. This delegation of authority may not be redelegated. 22. Act for the Secretary of Defense in providing to the Committees on Appropriations, before funds are expended for Full-Scale Development, a plan for the development of two or more sources in production or a certification that the system or subsystem being developed will be procured in quantities insufficient to justify two or more sources under section 8057 of Public Law 100-202, section 8047 of Public Law 100-463, and identical provisions in subsequent statutes making appropriations to the Department of Defense. This delegation of authority may not be redelegated. 23. Act for the Secretary of Defense in making certifications, providing reports, and approving waivers for major defense acquisition programs required by title 10, United States Code. This authority includes, but is not limited to, the following: a. Submission of notification and report that a competitive prototype strategy is not practicable (Section 2365). b. Make waivers and notify Congress of each waiver for the acquisition of defense equipment under cooperative projects and report on the award of cooperative contracts (Section 2407). This authority may not be redelegated. c. Submit Selected Acquisition Reports (Section 2432). d. Make and submit certifications required for Unit Cost Reports (Section 2433). e. Submit Manpower Estimate Reports (Section 2434). f. Provide the notifications for program deviations for milestone-authorized programs (Section 2437). 24. Exercise all authorities delegated to the Secretary of Defense by E.O. 12580, January 23, 1987, concerning responses to releases of hazardous substances for Department of Defense facilities and vessels under Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601, et seq.) as amended by the Superfund Amendments and Reauthorization Act (Pub. L. 99-499, October 17, 1986). 25. Exercise all responsibilities and authority of the Secretary of Defense under 10 U.S.C. 2701-2707 and 10 U.S.C. 2810 with respect to conduct of the Defense Environmental Restoration Program. 26. Exercise the authority of the Secretary of Defense under 10 U.S.C. 2354 for the DoD Components other than the Military Depart Acquisition shall serve in the absence of the USD(A). This authority may not be redelegated. 28. Perform the functions and responsibilities set out at section 25(d) of the Office of Federal Procurement Policy Act (41 U.S.C. 421). The authority to review and approve or disapprove regulations relating to procurement under subsection 25(d)(1) may not be delegated to any person outside the office of the USD(A). 29. Exercise the authority of the Secretary of Defense under 10 U.S.C. 2407 with respect to NATO Cooperative Projects as defined in section 27 of the Arms Export Control Act (AECA). The authority to grant waivers as authorized in section 2407(c) may not be redelegated. 30. Exercise all responsibilities of the Secretary of Defense under Public Law 93-155, Defense Industrial Reserve Act of 1973 (50 U.S.C. 451-455) to provide a comprehensive and continuous program for the future safety and for the defense of the United States by providing adequate measures whereby an essential nucleus of Government-owned plants and industrial plant equipment is maintained to meet the needs of the Armed Forces in time of a national emergency or in anticipation thereof. 31. Act for the Secretary of Defense to establish and administer an Industrial Preparedness Program in furtherance of E.O. 12656, section 501, paragraphs (2), (11), (13), and (14), February 25, 1988, and Defense Mobilization Order VII-7 (Revised), in accordance with DoD Directive 4005.1.7 32. Act for the Secretary of Defense in the exercise of authority under the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98 et seq.) in accordance with E.O. 12626, February 25, 1988. 33. Act for the Secretary of Defense, under the authority of Federal Property Management Regulations, Temporary Regulation F227, July 30, 1974, or under any other Delegation of Authority that may hereafter be made by the Administrator of General Services, to enter into contracts for public utility services for a period not to exceed 10 years. a. This authority is hereby further delegated to the Secretaries of the Army, Navy, and Air Force with authority to redelegate, as appropriate. Exercise of this authority is subject to the direction, supervision and control of the USD(A). b. This authority is also further delegated to the Director of the Defense Communications Agency in connection with the leasing of communications facilities, and to the Directors of the Defense Logistics Agency and Defense Nuclear Agency in connection with 7 See footnote 1 to paragraph 1, of this appendix. the leasing of local telecommunications facilities and services. This authority may be redelegated as appropriate. Exercise of this authority is subject to the direction, supervision and control of the USD(A). The USD(A) may redelegate these authorities, as appropriate, except as otherwise specifically indicated above or prohibited by law, directive or regulation. PART 383a-DEFENSE COMMISSARY AGENCY (DECA) Sec. 383a.1 Purpose. 383a.2 Applicability. 383a.3 Mission. 383a.4 Organization. 383a.5 Responsibilities and functions. 383a.6 Relationships. 383a.7 Authority. 383a.8 Administration. APPENDIX TO PART 383a-DELEGATIONS OF AUTHORITY AUTHORITY: 10 U.S.C. 136. SOURCE: 55 FR 49279, Nov. 27, 1990, unless otherwise noted. §383a.1 Purpose. Pursuant to the authority vested in the Secretary of Defense under title 10, United States Code, this part establishes the Defense Commissary Agency (DECA) and the Defense Commissary Board (DCB), with responsibilities, functions, and authorities as prescribed herein. $383a.2 Applicability. This part applies to the Office of the Secretary of Defense (OSD), the Military Departments; the Chairman, Joint Chiefs of Staff and Joint Staff; the Unified and Specified Commands; the Inspector General of the Department of Defense (IG, DoD); the Defense Agencies; and the DoD Field Activities (hereafter referred to collectively as "DoD Components"). The term "Military Services," as used herein, refers to the Army, Navy, Air Force, and Marine Corps. §383a.3 Mission. (a) The mission of the DeCA is to: (1) Provide an efficient and effective worldwide system of commissaries for the resale of groceries and household supplies at the lowest practical price (consistent with quality) to members of the Military Services, their families, and other authorized patrons, while maintaining high standards for quality, facilities, products, and service. (2) Provide a peacetime training environment for food supply logisticians needed in wartime and, as circumstances dictate, troop issue subsistence support to military dining facilities consistent with Service needs. (b) The mission of the DCB is to serve as a forum for the discussion of issues about the commissary services provided by the DeCA and to make related policy recommendations to the Assistant Secretary of Defense (Production and Logistics) (ASD(P&L)). $383a.4 Organization. (a) The DeCA is established as an Agency of the Department of Defense under the direction, authority, and control of the ASD(P&L). It shall consist of a Director of such subordinate organizational elements as are established by the Director. (b) The DCB is established as a committee reporting to the ASD (P&L). Its membership shall consist of the following: (1) The Director, DeCA, who shall serve as Chair. (2) A representative of the Assistant Secretary of Defense (Force Management and Personnel) (ASD(FM&P)). (3) A representative of the Chairman, Joint Chiefs of Staff (CJCS). (4) One military officer and one enlisted representative from each of the Military Services appointed by the Secretaries of the Military Depart ments. (5) The Director, DeCA, may invite other representatives to attend DCB meetings, as appropriate. (c) The Director shall designate an Executive Secretary for the Board. [55 FR 49279, Nov. 27, 1990, as amended at 63 FR 33248, June 18, 1998] §383a.5 Responsibilities and functions. (a) The Director, Defense Commissary Agency (DeCA), shall: (1) Organize, direct, and manage the DeCA and all assigned resources; procure assigned items; and administer, supervise, and control all programs and activities assigned to the DeCA. (2) Plan, program, budget, design, manage, and ensure the execution of the commissary facilities' construction, modification, and repair programs. (3) Provide and operate facilities under standards consistent with those used for commercial food stores. (4) Develop and administer plans and programs to provide peacetime training for military personnel, as appropriate. (5) Develop and administer plans and programs to provide troop issue subsistence support to appropriate dining facilities, tactical field exchanges for deployed mission support, and management of subsistence war readiness materiel in peacetime and wartime, as required. (6) Provide advice to the ASD(P&L) on DoD policies about the operation of commissaries and related matters. (7) Plan and direct use of commissary stocks to support mobilization, as required. (8) Establish and administer a civilian career management program to include referral services and development programs for commissary management personnel. (9) Perform such other functions as the ASD(P&L) may direct. (b) The Defense Commissary Board (DCB) shall meet periodically, and not less than annually. For the purpose of providing advice, it shall: (1) Consider issues about DeCA operations, services, and resources and make recommendations about DeCA practices, problems, policies, and programs. (2) Facilities the exchange of information among the Director, DeCA, and the Military Departments. (3) Make recommendations on the integration and prioritization of the commissary construction program. (4) Perform such other advisory functions as ASD(P&L) may direct. (c) The Assistant Secretary of Defense (Production and Logistics) (ASD(P&L)) shall: (1) Recommend to the Secretary and the Deputy Secretary of Defense and the USD(A) policies and resources for the administration of the DeCA and its programs. (ii) Commissary establishment/disestablishment. (iii) Pricing and surcharges. (v) Reporting requirements and preparation of "The DoD Commissary Operations Report" (RCS DD-FMP(A)1187). (4) In coordination with CJCS, make arrangements for Commanders of Unified Commands to assume temporary operational control of commissaries in wartime or periods of heightened alert. (d) The Assistant Secretary of Defense (Force Management and Personnel) (ASD(FM&P)) shall be responsible for advising the ASD(P&L) on commissary policy to ensure that it is consistent with policies on recruitment and retention. (e) The Comptroller of the Department of Defense (C, DoD) shall advise the ASD(P&L) on accounting, budgeting, funding, cash management, debt management, and pricing and surcharge policy for the DeCA. (f) The Secretaries of the Military Departments shall provide such facilities, physical security, logistics, and administrative support as required for effective operation of the military commissary program as agreed to by the DeCA and cognizant component Commands under inter-Service support and servicing agreements. $383a.6 Relationships. (a) In the performance of assigned responsibilities and functions, the Director, DeCA, shall: (1) Have free and direct access to, and communicate with, the DoD Components and other Executive Departments and Agencies concerning commissary activities, as necessary. (2) Maintain appropriate liaison with other DoD Components, Agencies of the Executive branch, forcing governments, and private sector organizations for the exchange of information on programs and activities in the field of assigned responsibilities. (3) Use established facilities and services of the Department of Defense and other Federal Agencies, whenever practicable, to avoid duplication and to achieve an appropriate balance of modernization, efficiency, economy, and customer support. (4) Consult and coordinate with other governmental and nongovernmental agencies on matters related to the mission assigned to the DeCA. (b) The Secretaries of the Military Departments and Heads of other DoD Components shall: (1) Provide assistance to the Director, DeCA, in carrying out the responsibilities and functions relating to military commissaries. (2) Coordinate with the Director, DeCA, on programs and activities that include or are related to military commissaries. §383a.7 Authority. The Director, DeCA is hereby delegated authority to: (a) Enter into and administer contracts, directly or through a Military Department, a DoD contract administration services component, or other Government Department or Agency, in accordance with applicable laws, DoD regulations, the FAR and the DFARS for supplies, equipment, and services required to accomplish the mission of the DeCA. (b) Prescribe procedures, standards, and practices for the Department of Defense governing he execution of assigned responsibilities and functions. (c) Enter into agreements with the Military Departments or other Government entities, as required for the effective performance of the military commissary program. (d) Obtain reports, information, advice, and assistance from other DoD Components consistent with the policies and criteria of DoD Directive 7750.51, as may be necessary for the performance of assigned functions and responsibilities. (e) Establish new DeCA facilities or use existing facilities of the Military 1 Copies may be obtained, at cost, from the National Technical Information Service, 5285 Port Royal Rond, Springfield, VA 22161. for Departments, as deemed necessary, improved effectiveness and economy. (f) Exercise the operational and administrative authorities contained in the appendix to this part. §383a.8 Administration. (a) The Director and Deputy Director(s) of the DeCA shall be appointed by the Secretary of Defense. (b) The DeCA shall be authorized such personnel, facilities, funds, and other administrative support as the Secretary of Defense deems necessary. (c) The Military Departments shall assign military personnel to the DeCA in accordance with approved authorizations and procedures for assignment to joint duty. (d) Programming, budgeting, funding, procuring, auditing, accounting, pricing, and reporting activities of the DeCA shall be in accordance with established DoD policies and procedures. (e) Appropriated funds shall be used to finance the operating costs of the DeCA with the exception of operating costs authorized for payment from trust revolving funds. A stock fund will be used to finance all inventories procured for resale. APPENDIX TO PART 383a-DELEGATIONS OF AUTHORITY Pursuant to the authority vested in the Secretary of Defense, and subject to the direction, authority, and control of the Secretary of Defense, and in accordance with DoD policies, Directives, and Instructions. the Director, DeCA is hereby delegated authority as required in the administration and operation of the DeCA to: 1. Establish advisory committees and employ part-time advisers, as approved by the Secretary of Defense, for the performance of DeCA functions pursuant to 10 U.S.C. 173 Public Law 92-463, "Federal Advisory Committee Act"; and DoD Directive 5105.41 "Department of Defense Federal Advisory Committee Management Program," September 5, 1989. 2. Designate any position in the DeCA as a "sensitive" position, in accordance with 5 U.S.C. 7532; Executive Orders 10450, 12333, and 1 Copies may be obtained, at cost, from the National Technical Information Service, 5285 Port Royal Road, Springfield, VA 22161. |