(1) Title 10, United States Code (U.S.C.), section 167(e)(4)(B), provides that the Commander, United States Special Operations Command, has the authority to exercise the functions of the Head Of Agency under Chapter 137 of Title 10, U.S.C., subject to the authority, direction and control of the Secretary of Defense. In addition, the Director of Defense Procurement has delegated to the Commander, USSOCOM, the authority to act as:
(i) Senior Procurement Executive (SPE) for USSOCOM, except for such actions that by terms of statute or any other delegation must be exercised by the Under Secretary of Defense (Acquisition and Technology); and,
(ii) Head of Agency (HOA) for those functions prescribed by FAR and DFARS that are in addition to those exercised under Chapter 137 of Title 10, U.S.C., pursuant to 10 U.S.C., Section 167(e)(4)(B).
(2) The Commander, USSOCOM, has delegated all delegable HOA and SPE authority to the Director, Special Operations Command Acquisition and Logistics Center (SOAE). SOAE establishes policies, directs, and supervises USSOCOM activities with respect to contracting, acquisition, and related matters. The USSOCOM Staff Judge Advocate is the legal advisor to the Commander, USSOCOM, and SOAE.
(i) The SOAE has further delegated the authority to exercise certain HOA functions to the Director of Procurement (DOP) with the power of redelegation. Exceptions to this delegation include those actions reserved by FAR and DFARS for Senior Executive Service (SES) members, Flag Officers, General Officers, or the authority for the actions required by the agency head in the following:
FAR 1.404
FAR 6.501
FAR 19.201
FAR 19.505
FAR 19.812
FAR 27.203-6
FAR 27.303
FAR 34.003
FAR 34.005-6
FAR 35.014(b)
FAR 35.017-7
DFARS 201.404
DFARS 203.570-3
(ii) The following function cannot be delegated below the SES, Level IV (for USSOCOM the SPE):
FAR 32.006
(iii) In accordance with the FAR, the following functions are not delegable below the HOA:
FAR 23.506
FAR 27.306
DFARS 206.302-7
(v) The Director of Procurement shall maintain Head of Contracting Activity (HCA) authority as designated throughout the FAR and DFARS. This authority is delegable in the absence of the DOP as permitted by the FAR and DFARS.
(vi) The Director of Procurement shall be included in the rating chain of all USSOCOM military and civilian contracting office chiefs.
(1) Unless otherwise specified in SOFARS, the approval level for contracting actions shall be the Contracting Officer.
(2) The HOA authority to determine when acquisitions either support contingency operations or facilitate defense against or recovery from nuclear, biological, chemical, or radiological attack, is delegated to USSOCOM headquarters contracting divisions and field contracting office chiefs.
(1) In accordance with FAR 12.102(f), contract actions facilitating defense against or recovery from nuclear, biological, chemical, or radiological attack may be acquired according to Part 12, Acquisition of Commercial Items. The HOA delegates the authority to make this determination to USSOCOM headquarters contracting divisions and field contracting office chiefs. Determinations are to be in writing and included in each file. This authority does not relieve Contracting Officers from documenting the basis upon which they determine a price is fair and reasonable. See DCG.
