[Code of Federal Regulations] [Title 44, Volume 1] [Revised as of October 1, 2005] 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, DEPARTMENT OF HOMELAND SECURITY 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 [[Page 26]] 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]