[Code of Federal Regulations]
[Title 44, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 44CFR2.44]

[Page 24-26]
 
              TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE
 
             CHAPTER I--FEDERAL EMERGENCY MANAGEMENT AGENCY
 
PART 2--ORGANIZATION, FUNCTIONS, AND DELEGATIONS OF AUTHORITY--Table of Contents
 
    Subpart A--Organization, Functions, and Delegations of Authority
 
Sec. 2.44  Operations Support Directorate.

    (a) Mission. The Operations Support Directorate provides direct 
support and services to FEMA's all-hazards emergency management program 
of mitigation, preparedness, response and recovery.
    (b) Functions. The principal functions of the Operations Support 
Directorate are:
    (1) Services primarily for the support of internal functions, 
including:

[[Page 25]]

    (i) Management and oversight of the Agency's procurement system, 
including acquisition of supplies and services;
    (ii) Printing and publications;
    (iii) Telecommunications operations;
    (iv) Automated data processing;
    (v) Software design and engineering;
    (vi) Records management;
    (vii) Agency-wide logistics and property management;
    (viii) Protection of personnel, facilities, and equipment;
    (ix) Management of transit subsidies;
    (x) Preparation of visual presentations materials;
    (xi) Placement of advertisements in general circulation newspapers; 
and
    (2) Services that support organizations outside of FEMA as well as 
the agency itself, including:
    (i) Telecommunications design and engineering;
    (ii) Resource and economic modeling;
    (iii) Management of data storage and production associated with 
Geographic Information Systems (GIS) and other analytic systems;
    (iv) Security of classified records;
    (v) Security of classified communications;
    (vi) Background investigations for the granting of security 
clearances;
    (vii) Determination of suitability for employment under 5 CFR part 
731; and
    (viii) Control of public information collections.
    (c) Delegated authorities. Subject to the qualifications of 
paragraph (d) of this section, the Associate Director for Operations 
Support is authorized to exercise the duties and powers of the Director 
as set forth in:
    (1) E.O. 10450, as amended;
    (2) E.O. 12046, as amended;
    (3) E.O. 12356; and
    (4) E.O. 12472.
    (d) Authorities delegated directly to the Director, Acquisition 
Services Division. The Director, Acquisition Services Division, 
Operations Support Directorate, is authorized to:
    (1)(i) Exercise authority under section 104(h) of the Comprehensive 
Environmental Response, Compensation and Liability Act of 1980 delegated 
to the Director by section 2(f) of Executive Order 12316;
    (ii) Exercise authority of the Director concerning extraordinary 
contractual actions under paragraph 21 of Executive Order 10789.
    (iii) Exercise authority delegated to the Director by Executive 
Order 12352 and act as procurement executive.
    (2)(i) Make purchases and contracts by advertising for equipment and 
supplies, administrative equipment, office supplies, professional 
services, transportation of persons and property, and nonpersonal 
services, and determine that the rejection of any bid is in the public 
interest;
    (ii) Negotiate purchases and contracts for equipment and supplies, 
professional services, transportation of persons and property, and non-
personal services without advertising; and make and issue determinations 
related thereto pursuant to section 302(c) (1)-(b)(10)(10), (14) and 
(15) of the Federal Property and Administrative Services Act of 1949 (41 
U.S.C. 252(c) (1)-(10), (14) and (15)) and 40 U.S.C. 541-544 with 
respect to contracting for services of Architects Engineers;
    (iii) Enter into and administer interagency agreements under the 
Economy Act or any other such agreement involving obligation of funds;
    (3) Notwithstanding any general delegation of statutory authority in 
this part to another officer of FEMA, if the authority delegated in the 
general statutory delegation contains procurement authority that 
authority is delegated solely to the Director, Acquisition Services 
Division, with authority to redelegate to any employee of FEMA. As used 
in this paragraph (d) the term ``procurement'' includes acquisition from 
a recipient including a State or local government, of property or 
services for the direct benefit or use of the Federal Government. This 
includes authority under section 201(h) of the Federal Civil Defense Act 
but excludes authority under section 1362 of the National Flood 
Insurance Act.
    (4) Notwithstanding any general delegation of authority in this part 
to another officer of FEMA, other than the delegation to Regional 
Directors under Sec. 2.22, if the authority delegated contains authority 
to award discretionary grants that authority is delegated to the 
Director, Acquisition Services Division, who is authorized to exercise

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the authority of the Director with respect thereto. The Director, 
Acquisition Services Division, may redelegate this authority to any 
employee of FEMA. Discretionary grants include those instruments that 
are awarded to a selected or limited number of recipients deemed best 
qualified based upon criteria designed for the conduct of a specific 
project. This can include governments. Discretionary grants do not 
include those awarded to recipients for which:
    (i) The recipient or class of recipient is mandated by legislation 
or regulation;
    (ii) The amount of the instrument or the amount of the program is 
established by legislation and discretion in the award process is 
limited; or
    (iii) There is no choice in the purpose of the award or whether to 
make the award. The delegation to the Regional Directors under Sec. 2.22 
to implement various programs is not affected by this delegation to the 
Director, Acquisition Services Division.

Subpart B [Reserved]