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DEPARTMENT OF LABOR 

Office of the Secretary 

[Secretary’s Order 02–2009] 

Delegation of Authority and 

Assignment of Responsibility to the 

Chief Acquisition Officer and Assistant 

Secretary for Administration and 

Management, and Related Matters 

1. Purpose and Scope. The purpose of 

this Secretary’s Order is to delegate 

authorities and assign responsibilities 

for implementation of the Services 

Acquisition Reform Act (SARA) of 2003 

and related laws, and to specify those 

authorities and responsibilities of the 

Chief Acquisition Officer (CAO). 

2. Authority. This Order is issued 

under the authority of 5 U.S.C. 301 

(Departmental Regulations); 29 U.S.C. 

551 (Establishment of Department; 

Secretary; Seal); Reorganization Plan 

No. 6 of 1950 (5 U.S.C. Appendix); 

Public Law 101–576, the Chief Financial 

Officers Act of 1990; Title VII of 

Division B of Public Law 98–369, the 

Competition in Contracting Act of 1984; 

Public Law 108–199, Division F, Title 

VI, Section 647(b) of the Consolidated 

Appropriations Act, 2004; the Economy 

Act (31 U.S.C. 1535); Public Law 105– 

270, the Federal Activities Inventory 

Reform Act of 1998; Public Law 103– 

355, the Federal Acquisition 

Streamlining Act of 1994; the Federal 

Grant and Cooperative Agreements Act 

(31 U.S.C. 6301–6308); Title III of the 

Federal Property and Administrative 

Services Act of 1949 (41 U.S.C. 251– 

266a); Public Law 103–62, the 

Government Performance and Results 

Act of 1993; Public Law 93–400, the 

Office of Federal Procurement Policy 

Act; Title 40 of the United States Code 

(Public Buildings, Property and Works); 

Sections 503(a), 504, and 508 of the 

Rehabilitation Act of 1973, as amended 

(29 U.S.C. 793(a), 794, 794d); Section 3 

of Public Law 103–141, the Religious 

Freedom Restoration Act (42 U.S.C. 

2000bb–1(b)); Public Law 108–136, 

Division A, Title XIV, the Services 

Acquisition Reform Act; Public Law 85– 

536, the Small Business Act; Executive 

Order 12615, Performance of 

Commercial Activities by Private Sector 

(November 19, 1987); Executive Order 

12549, Debarment and Suspension 

(February 18, 1986); Executive Order 

12689, Debarment and Suspension 

(August 16, 1989); Executive Order 

13198, Agency Responsibilities with 

Respect to Faith-Based and Community 

Initiatives (January 29, 2001); the 

Federal Acquisition Regulations System, 

48 CFR Chapter 1, parts 1–99; 

Department of Labor Acquisition 

Regulation, 48 CFR Chapter 29, parts 

2901–2953. 

3. Background. Section 1421 of SARA 

(41 U.S.C. 414) amended the Office of 

Federal Procurement Policy Act to 

create the position of CAO and assigned 

principal responsibility for agency 

acquisition policy and activities to the 

CAO. Secretary’s Order 2–2007 (January 

30, 2007) formally created the position 

of CAO within the Department of Labor. 

This Secretary’s Order supersedes and 

cancels Secretary’s Order 2–2007, and 

updates the roles and responsibilities of 

the CAO to delegate responsibility for 

determining whether a recipient of a 

grant awarded or administered by the 

Office of the CAO is entitled, pursuant 

to the Religious Freedom Restoration 

Act, to an exemption from a religious 

non-discrimination provision of a 

statute or regulation enforced by the 

Department. 

4. The Chief Acquisition Officer. The 

CAO will have acquisition management 

as his or her primary duty. The CAO 

will report to the Secretary, but may 

receive day-to-day guidance and 

direction from the Deputy Secretary. In 

addition to the acquisition management 

responsibilities established by SARA, 

the CAO also will have responsibility 

for overseeing other Department 

activities as set forth below, including 

the solicitation, award and 

administration of Departmental 

assistance instruments (grants, 

cooperative agreements, and other 

assistance instruments). 

5. Assignment of Responsibilities to 

the CAO. 

A. The CAO will have the following 

duties, which are assigned to the CAO 

by Section 1421 of SARA (amending 

Section 16 of the Office of Federal 

Procurement Policy Act, 41 U.S.C. 414): 

(1) Advising and assisting the 

Secretary on the appropriate business 

strategy to achieve DOL’s mission. 

(2) Advising and assisting the 

Secretary and other DOL officials in 

ensuring that acquisition activities 

contribute to achieving DOL’s mission. 

(3) Monitoring and evaluating the 

performance of DOL acquisition 

programs based on applicable 

performance measurements. 

(4) Establishing policies, procedures, 

and practices that increase the use of 

full and open competition in the 

acquisition of goods and services by the 

executive agency. 

(5) Increasing appropriate use of 

performance-based contracting and 

performance specifications in DOL 

acquisition activities. 

(6) Making DOL acquisition decisions, 

consistent with all applicable law, 

regulations, and policies. 

(7) Establishing clear lines of 

authority, accountability, and 

responsibility for DOL acquisition 

decisions. 

(8) Managing the direction of DOL 

acquisition policy, including 

implementation of DOL’s acquisition 

regulations, policies, and standards. 

(9) Developing and maintaining a 

DOL acquisition career management 

program to ensure that DOL has an 

adequate professional acquisition 

workforce. 

(10) As part of DOL’s strategic 

planning and performance evaluation 

process: 

(a) Reviewing current requirements 

for DOL personnel regarding knowledge 

and skill in acquisition resources 

management and determining whether 

such requirements adequately facilitate 

the achievement of the performance 

goals established for DOL acquisition 

management. 

(b) If necessary, developing strategies 

and specific plans for hiring, training, 

and professional development for DOL 

acquisition personnel. 

(c) Reporting to the Secretary on the 

progress made in improving DOL 

acquisition management capability. 

(11) Serving on the Chief Acquisition 

Officers Council. 

B. The CAO will perform any 

additional duties that are assigned to the 

CAO by applicable law or regulation. 

6. Delegation of Authorities and 

Assignment of Additional 

Responsibilities to the CAO. Except as 

otherwise provided by law, regulation, 

or this or another Secretary’s Order, the 

CAO is delegated the following 

authority and assigned the following 

responsibilities: 

A. Authorities and responsibilities of 

the Department or Secretary under the 

following laws (including any 

amendments) and any related 

regulations, executive orders, or OMB 

circulars or memoranda: 

(1) Title VII of Division B of Public 

Law 98–369, the Competition in 

Contracting Act of 1984. 

(2) Public Law 108–199, Division F, 

Title VI, Section 647(b), the 

Consolidated Appropriations Act, 2004 

(which requires an annual report on 

competitive sourcing). 

(3) The Economy Act (31 U.S.C. 

1535). 

(4) In coordination with the ASAM, 

Sections 2(d) and (e) of Public Law 105– 

270, the Federal Activities Inventory 

Reform Act of 1998. 

(5) Public Law 103–355, the Federal 

Acquisition Streamlining Act of 1994. 

(6) The Federal Grant and Cooperative 

Agreements Act (31 U.S.C. 6301–6308). 


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(7) Title III of the Federal Property 

and Administrative Services Act of 1949 

(41 U.S.C. 251–266a). 

(8) Public Law 93–400, the Office of 

Federal Procurement Policy Act, 

including: 

(a) Designating a Senior Procurement 

Executive, who will report directly to 

the CAO without intervening authority 

and who will be responsible for: 

(1) Managing the direction of the DOL 

procurement system, including 

implementation of DOL procurement 

policies, regulations, and standards. 

(2) Carrying out all powers, functions, 

and duties of the Secretary with respect 

to implementation of Section 37 of the 

Office of Federal Procurement Policy 

Act, including the establishment of 

policies and procedures for the effective 

management (including accession, 

education, training, career development, 

and performance incentives) of the 

acquisition workforce of the agency. 

(b) Designating for the Department 

and for each procuring activity of the 

Department one officer or employee 

(other than the Senior Procurement 

Executive) to serve as a Competition 

Advocate, who will be responsible for 

promoting full and open competition, 

promoting the acquisition of 

commercial items, and challenging 

barriers to such acquisition, as well as 

performing any other responsibilities 

assigned to the Competition Advocate 

by law, regulation, or policy. 

(c) In consultation with the Office of 

Federal Procurement Policy and the 

DOL Chief Information Officer (CIO), 

establishing, maintaining, and using, to 

the maximum extent practicable and 

cost-effective, procedures and processes 

that employ electronic commerce in the 

conduct and administration of the 

Department’s procurement system. 

(9) Title 40 of the United States Code, 

Subtitle I, Chapter 11, Selection of 

Architects and Engineers. 

(10) Public Law 108–136, Division A, 

Title XIV, the Services Acquisition 

Reform Act. 

(11) Executive Orders 12549 and 

12689 on Debarment and Suspension. 

(12) Executive Order 12615, 

Performance of Commercial Activities 

by Private Sector. 

B. Prescribing regulations, policies 

and procedures regarding the 

solicitation and award of, and 

overseeing the administration of, all 

Departmental acquisitions and 

assistance instruments (e.g., 

procurement contracts, cooperative 

agreements, grants, inter- or intraagency acquisition instruments, and 

similar documents) that obligate Federal 

funds or resources for the purpose of 

obtaining goods and services for the 

Department or other Federal agencies, or 

promoting Departmental programs and 

objectives through financial assistance. 

Funds paid out of the appropriation, 

‘‘State Unemployment Insurance and 

Employment Service Operations’’ are 

excluded from this authority. 

C. In coordination with the ASAM, 

CIO, and Assistant Secretary for the 

Office of Disability Employment Policy 

(ODEP), establishing and ensuring 

implementation of policies, procedures 

and practices to ensure that all DOL 

acquisitions and assistance instruments 

comply with Sections 503(a), 504 and 

508 of the Rehabilitation Act of 1973 (29 

U.S.C. 793(a), 794, 794d). 

D. Performing any acquisition or 

procurement responsibilities assigned to 

the ASAM under Secretary’s Order 5– 

94, ‘‘Procurement and Use of 

Environmentally Preferable Products 

and Services.’’ 

E. Assisting the CIO on the 

acquisition of information technology. 

F. Coordinating with the ASAM to 

ensure that the Department’s acquisition 

management processes are integrated 

into its strategic and operational 

planning processes. 

G. Assisting the Director of the Office 

of Small Business Programs (OSBP) on 

procurement actions related to OSBP’s 

responsibilities under Secretary’s Order 

4–2002 and on the Department’s Annual 

Acquisition Plan and Procurement 

Forecast. 

H. Assisting the Director of the Center 

for Faith-Based and Community 

Initiatives (CFBCI) on acquisition or 

assistance actions related to CFBCI’s 

responsibilities under Executive Order 

13198 or similar authority. 

I. Coordinating with the Chief 

Financial Officer (CFO): 

(1) To ensure that the Department’s 

internal management controls relating to 

the CAO’s responsibilities are consistent 

with all laws, regulations, OMB 

guidance, and policies governing DOL 

management control processes, 

including Secretary’s Order 14–2006, 

Internal Control Program (dated June 20, 

2006). 

(2) To ensure that the CFO is 

informed on a timely basis of all 

management control issues arising 

within the scope of the CAO’s functions. 

(3) On the acquisition of financial 

management systems and asset 

management systems throughout the 

Department. 

J. Establishing and overseeing an 

advisory board (the current Procurement 

Review Board or equivalent), which will 

address significant acquisition and 

assistance issues, as determined by the 

CAO. 

K. Maintaining and publishing, in a 

prominent manner, a list of DOL 

contracting and grant officers which 

also identifies the limits on these 

officers’ authority. 

L. Determining whether a recipient of 

a grant awarded or administered by the 

Office of the CAO is entitled, pursuant 

to the Religious Freedom Restoration 

Act, to an exemption from a religious 

non-discrimination provision of a 

statute or regulation applied and/or 

enforced by the Department. 

M. Performing any other related 

duties that are assigned by the 

Secretary. 

7. Responsibilities of the Director of 

the Office of Small Business Programs. 

The OSBP Director is responsible for 

coordinating, as necessary, with the 

CAO on procurement actions related to 

OSBP’s responsibilities under 

Secretary’s Order 4–2002 and on the 

Department’s Annual Acquisition Plan 

and Procurement Forecast. 

8. Responsibilities of the Director of 

the Center for Faith-Based and 

Community Initiatives. The CFBCI 

Director is responsible for coordinating, 

as necessary, with the CAO on 

acquisition or assistance actions related 

to CFBCI’s responsibilities under 

Executive Order 13198 or similar 

authority. 

9. Responsibilities of the Assistant 

Secretary for the Office of Disability 

Employment Policy. The Assistant 

Secretary for ODEP is responsible for 

coordinating with the CAO, ASAM, and 

CIO to establish policies, procedures 

and practices ensuring that all DOL 

acquisitions and assistance instruments 

comply with Sections 503(a), 504 and 

508 of the Rehabilitation Act of 1973. 

10. Responsibilities of the Solicitor of 

Labor. The Solicitor of Labor is 

delegated authority and assigned 

responsibility for providing legal advice 

and assistance to all officers of the 

Department relating to the 

administration and implementation of 

this Order. The bringing of legal 

proceedings, the representation of the 

Secretary and other officials of the 

Department, and the determination of 

whether such proceedings or 

representations are appropriate in a 

given case, are delegated exclusively to 

the Solicitor. 

11. Responsibilities of the Chief 

Information Officer. The CIO is 

responsible for: 

A. Consulting with the CAO on the 

establishment, maintenance, and use (to 

the maximum extent that is practicable 

and cost-effective) of procedures and 

processes employing electronic 

commerce in the conduct and 


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administration of the Department’s 

procurement system. 

B. Coordinating with the CAO on the 

acquisition of information technology. 

C. Coordinating with the CAO, 

ASAM, and Assistant Secretary for 

ODEP to establish policies, procedures 

and practices ensuring that all DOL 

acquisitions of information technology 

are consistent with Sections 503(a), 504 

and 508 of the Rehabilitation Act of 

1973 (29 U.S.C. 791, 794, 794d). 

12. Responsibilities of the Assistant 

Secretary for Administration and 

Management. The ASAM is responsible 

for: 

A. Overseeing the Department’s 

compliance with the Government 

Performance and Results Act, including 

coordinating with the CAO to ensure 

that the Department’s acquisition 

management processes are integrated 

into its strategic and operational 

planning processes. 

B. Exercising the Secretary’s authority 

under Section 1413 of SARA (41 U.S.C. 

433 note) to determine that certain 

acquisition positions are shortage 

category positions in order to use the 

authorities in 5 U.S.C. 3304, 5333 and 

5753 to recruit and appoint highly 

qualified persons directly to such 

positions in the Department. 

C. Coordinating with the CAO and 

other agency heads, as appropriate, to 

fulfill the Department’s responsibilities 

under the Federal Activities Inventory 

Reform Act of 1998. 

D. Coordinating with the CAO, CIO 

and Assistant Secretary for ODEP to 

establish policies, procedures and 

practices ensuring that all DOL 

acquisitions and assistance comply with 

Sections 503(a), 504 and 508 of the 

Rehabilitation Act of 1973 (29 U.S.C. 

791, 794, 794d). 

13. Responsibilities of the Chief 

Financial Officer. The CFO is 

responsible for coordinating with the 

CAO: 

A. To ensure that the Department’s 

internal management controls relating to 

the CAO’s responsibilities are consistent 

with all laws, regulations, OMB 

guidance, and policies governing DOL 

management control processes, 

including Secretary’s Order 14–2006, 

Internal Control Program (dated June 20, 

2006). 

B. To ensure that the CFO is informed 

on a timely basis of all management 

control issues arising within the scope 

of the CAO’s functions. 

C. On the acquisition of financial 

management systems and asset 

management systems throughout the 

Department. 

14. Responsibilities of Agency Heads. 

Consistent with their statutory 

responsibilities and other applicable 

Secretary’s Orders and guidelines, all 

DOL Agency Heads are assigned 

responsibility for ensuring compliance 

by their organizations with the laws 

identified in Paragraph 6.A. above, as 

well as related regulations, and DOL 

and OMB guidance and policies. 

15. Directives Affected: 

A. Secretary’s Order 2–2007 is 

superseded and cancelled. All 

Secretary’s Orders and other DOL 

documents (including policies and 

guidance) which reference Secretary’s 

Orders 2–2007 or 4–76 are amended to 

refer to this Order instead. Delegations 

or transfers of authority made by the 

ASAM under Secretary’s Order 4–76 

will continue in effect unless modified 

or terminated by the CAO. 

B. This Order does not affect the 

authorities or responsibilities of the 

Assistant Secretary for Public Affairs 

under Secretary’s Order 8–2006, relating 

to the review of audio-visual work done 

under contract, to assure compliance 

with appropriate contract terms and 

achievement of minimum acceptable 

quality. 

C. This Order does not affect the 

authorities and responsibilities assigned 

by any other Secretary’s Order, unless 

otherwise expressly so provided in this 

or another Order. 

D. This Order does not affect the 

authorities or responsibilities of the 

Office of Inspector General (OIG) under 

the Inspector General Act of 1978, as 

amended, or under Secretary’s Order 4– 

2006. 

E. This Order does not affect the 

authorities or responsibilities of the 

Chief Financial Officer under the CFO 

Act, Secretary’s Order 14–2006, 

Secretary’s Order 1–92, or Secretary’s 

Order 1–97. 

F. This Order amends Secretary’s 

Order 5–94 to shift acquisition and 

procurement responsibilities relating to 

environmentally preferable products 

and services from the ASAM to the 

CAO. 

G. This Order does not affect 

Secretary’s Order 1–2001, which 

delegates authorities and assigns 

responsibilities to the Assistant 

Secretary for the Office of Disability 

Employment Policy. 

H. This Order does not affect 

Secretary’s Order 1–2008, which 

delegates authorities and assigns 

responsibilities to the Assistant 

Secretary for Employment Standards 

and Other Officials in the Employment 

Standards Administration. 

I. This Order amends Secretary’s 

Order 4–2002 (which assigns 

responsibilities and delegates duties 

related to small businesses) to shift 

certain procurement responsibilities 

from the ASAM to the CAO, but does 

not otherwise affect the responsibilities 

delegated in that Order. 

J. This Order does not affect 

Secretary’s Order 5–2007 which, inter 

alia, provides grantmaking authority to 

the Commissioner of Labor Statistics 

under the Occupational Safety and 

Health Act. 

K. This Order amends Secretary’s 

Order 3–2003 (which assigns 

responsibilities and delegates duties to 

the CIO) to shift certain procurement 

responsibilities from the ASAM to the 

CAO, but does not otherwise affect the 

responsibilities delegated in that Order. 

L. This Order does not affect 

Secretary’s Order 1–2004 which 

delegates authorities and assigns 

responsibilities for DOL’s Internal Equal 

Employment Opportunity Programs. 

M. This Order does not affect the 

authority delegated by the Secretary to 

the Employment and Training 

Administration under section 173 of the 

Workforce Investment Act to administer 

dislocated worker programs, including 

national emergency grants. 

16. Reservation of Authority. The 

following functions are reserved to the 

Secretary: 

A. No delegation of authority or 

assignment of responsibility under this 

Order will be deemed to affect the 

Secretary’s authority to continue to 

exercise or further delegate such 

authority or responsibility. 

B. The submission of reports and 

recommendations to the President and 

Congress concerning the administration 

of the statutory provisions and 

executive orders listed above is reserved 

to the Secretary. 

17. Redelegations and Transfers of 

Authority. Unless provided otherwise in 

this or another Secretary’s Order, the 

authority delegated in this Order may be 

redelegated or transferred, as permitted 

by law or regulation. 

18. Effective Date. This Order is 

effective immediately. 

Dated: January 9, 2009. 

Elaine L. Chao, 

Secretary of Labor. 

[FR Doc. E9–692 Filed 1–13–09; 8:45 am] 

BILLING CODE 4510–23–P 


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