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FHWA Order M1100.1A

Order
Subject
FHWA Delegations and Organization Manual: Chapter 5
Classification Code Date  
M1100.1A, Chg. 45 November 29, 2005  

Part I. Delegations of Authority

Chapter 4, Administrative

Table of Contents


SUBJECT PARA.

SECTION 1. PERSONNEL ADMINISTRATION

SECTION 2. INFORMATION AND MANAGEMENT SERVICES

SECTION 3. ACQUISITION MANAGEMENT

SECTION 4. OTHER APPROVALS


PART I. DELEGATIONS OF AUTHORITY

CHAPTER 4. ADMINISTRATIVE 1

SECTION 1. PERSONNEL ADMINISTRATION

  1. OVERALL PERSONNEL MANAGEMENT. The Deputy Administrator, Executive Director, Associate Administrators, Chief Counsel, Chief Financial Officer, Directors of Field Services, Resource Center Director, Division Administrators, and Federal Lands Highway (FLH) Division Engineers are delegated the authority for overall personnel management, except that the authority to approve a reduction in force is delegated solely to the Executive Director and may not be redelegated.

  2. EMPLOYMENT, PROMOTION, AND POSITION CHANGE.

    1. Headquarters. Associate Administrators, Chief Counsel, and the Chief Financial Officer are delegated the authority to select people for employment, promotion, and position change subject to the reservations set forth in Chapter 3, paragraphs 5 and 14a, of this Manual; the Merit Promotion Plan provided in Part I, Chapter 3, Section 1, of the Federal Highway Administration (FHWA) Personnel Management Manual (PMM); and the Office of Personnel Management (OPM) regulations. All selectees for positions at the GS-14 level and above require the concurrence of the Executive Director.

    2. The Associate Administrator for Administration is delegated the authority to fill a critical sensitive position for a limited period by a person on whom a preappointment full-field investigation has not been completed (Executive Order No. 10450). This authority shall be further redelegated to the Director, Office of Human Resources.

    3. Field. Directors of Field Services, Resource Center Director, Division Administrators, and FLH Division Engineers, in coordination with the Human Resource elements of the Atlanta and Lakewood Administrative Service Teams, are delegated the following authorities:

      • (1) Fill positions by appointment, promotion, reassignment, and/or change of duty station, subject to the limitations contained in paragraphs 2a and 18 of this chapter. Selections for positions at the GS-14 level and above require the concurrence of the Executive Director. This delegation includes use of the following special authorities:

        • (a) noncompetitive appointment of certain disabled veterans;

        • (b) emergency-indefinite appointments;

        • (c) appointment of severely handicapped or mentally retarded sons and daughters for summer or student employment;

        • (d) assignment of excepted employees to competitive positions; and

        • (e) approval when filling certain positions with severely physically handicapped persons.

        To control reallocation of full time permanent position ceilings, the Resource Center Director, or any Division Administrator who wishes to fill a vacant position, must consult with the appropriate Director of Field Services prior to advertising any vacancy.

      • (2) Additional authorities delegated to the field officials identified in paragraph 2c, above, include:

        • (a) approval of extensions of one-month temporary limited appointments for special needs, including emergency appointments of family members, in accordance with OPM regulations;

        • (b) designation of a worksite as remote in order to grant a commuting allowance without prior OPM approval if it meets all of the following conditions; 2

          1. The worksite is over 50 miles from the employee's residence and the employee must use a car or bus to get there.

          2. There is no place of residence within a 50-mile radius of the worksite that would offer sufficient consumer services for the employee.

          3. The worksite is the official duty station of the employee.

          4. In those areas where normal ground transportation (e.g., car or bus) cannot be used and employees must take a boat, plane, helicopter, horse, etc., to and from their worksite on a daily or weekly basis.

          (c) approval of a waiver of the limitations of law and regulation on the amount of training received by an employee through non-Government facilities;

          (d) approval of training plans for disabled veterans; and

          (e) approval of payment of travel for interview for positions at grade 1 through 15, subject to conditions set forth in the PMM, Part I, Chapter 6, Section 3, Authorizing Travel Expenses for Preemployment Interviews; Travel and Transportation to First Post of Duty.

  3. INITIAL SALARY DETERMINATIONS. Associate Administrators, Chief Counsel, Chief Financial Officer, Directors of Field Services, Resource Center Director, Division Administrators, and FLH Division Engineers, in coordination with the servicing Human Resource Office, are delegated the authority to approve an advanced-in-hiring rate for the appointment of an individual to a position at a rate above the minimum rate of the appropriate grade based on superior qualifications of the candidate, subject to conditions set forth in PMM Part I, Chapter 6, Section 1, Subsection 1, Advanced-in-Hiring Rates Based on Superior Qualifications.

  4. LEAVE. Associate Administrators, Chief Counsel, Chief Financial Officer, Directors of Field Services, Resource Center Director, Division Administrators, and FLH Division Engineers are delegated the authority to administer leave within their respective jurisdictions, including leave without pay, the Leave Transfer Program, and advancement of leave in accordance with the PMM, Chapter 7, Leave, and related guidance.

  5. TESTIMONY OF EMPLOYEES IN LEGAL PROCEEDINGS.

    1. Associate Administrators, Chief Counsel, Chief Financial Officer, Directors of Field Services, Resource Center Director, Division Administrators, and FLH Division Engineers are delegated the authority to authorize personnel under their supervision to appear and testify in legal proceedings, subject to prior approval by designated Agency counsel and in accordance with 49 CFR, Part 9, Testimony of Employees of the Department and Production of Records in Legal Proceedings.

    2. The Chief Counsel may permit, at his/her discretion, an exception from any requirement in 49 CFR Part 9, subject to conditions stated therein.

  6. JURY SERVICE. Associate Administrators, Chief Counsel, Chief Financial Officer, Directors of Field Services, Resource Center Director, Division Administrators, and FLH Division Engineers are delegated the authority to request postponement of jury service for employees under their jurisdiction. This authority shall be exercised only in cases of exigency from the standpoint of efficiency of the public service, subject to Department of Transportation (DOT) Order 3600.1, Jury Service, and PMM, Chapter 7, Leave.

  7. OVERTIME, NIGHT, SUNDAY, AND HOLIDAY PAY. Associate Administrators, Chief Counsel, Chief Financial Officer, Directors of Field Services, Resource Center Director, Division Administrators, and FLH Division Engineers are delegated the authority to authorize and approve the performance of overtime, night, Sunday, and holiday work in accordance with the PMM, Part I, Chapter 6, Section 2, Overtime, Compensatory Time, and Premium Pay.

  8. COST OF LIVING ALLOWANCES AND DIFFERENTIALS.

    1. The Associate Administrator for Administration is delegated the authority to grant, authorize, and account for cost of living allowances and non-foreign differentials as prescribed in OPM guidance.

    2. The Associate Administrator for Policy and Governmental Affairs is delegated the authority to grant, authorize, and account for foreign post differential leave allowances, danger pay, and other entitlements, as prescribed in State Department Standardized Regulations (Government Civilians, Foreign Areas) and OPM guidance.

  9. EMPLOYEE SUGGESTIONS, PERFORMANCE AWARDS, CASH AWARDS, AND QUALITY STEP INCREASES. Associate Administrators, Chief Counsel, Chief Financial Officer, Directors of Field Services, Resource Center Director, Division Administrators, and FLH Division Engineers are delegated the authority to:

    1. approve awards up to $500 for adopted employee suggestions and to reject suggestions that are not considered acceptable;

    2. approve performance awards and cash awards for special acts or services; and

    3. approve Quality Step Increases for employees, subject to the budgetary concurrence of the Director, Office of Human Resources.

    The authorities outlined above must be exercised consistent with the provisions of the PMM, Part I, Chapter 9, Awards and Employee Recognition.

  10. OATHS. The Associate Administrator for Administration, Chief Counsel, Chief Financial Officer, Resource Center Director, Division Administrators, and FLH Division Engineers may administer oaths incident to entrance on duty in the Federal Service and any other oaths which might be required by law in connection with employment.

  11. HOURS OF WORK. The official hours of duty for employees in the Washington, D.C. metropolitan area (7:45 a.m. to 4:15 p.m., Monday through Friday) have been established in accordance with DOT Departmental Personnel Manual (DPM) 610, Paragraphs 1-8 Business Hours. Directors of Field Services, Resource Center Director, Division Administrators, and FLH Division Engineers are delegated the authority to establish the official hours of duty to be observed in their respective offices. Associate Administrators, Chief Counsel, Chief Financial Officer, Directors of Field Services, Resource Center Director, Division Administrators, and FLH Division Engineers may approve Alternate Work Schedules subject to the provisions of PMM, Chapter 8, Section 2, Alternative Work Schedules.

  12. TELECOMMUTING AND ALTERNATE WORK PLACE AGREEMENTS. Associate Administrators, Chief Counsel, Chief Financial Officer, Directors of Field Services, Resource Center Director, Division Administrators, and FLH Division Engineers are delegated the authority to approve telecommuting and alternate work place agreements subject to provisions of the PMM, Chapter 12, Telecommuting Program. Concurrence of the Executive Director must be obtained prior to approval of a telecommuting agreement or alternate work place agreement that would permit or require a change in official duty station.

  13. LOCAL HOLIDAYS IN FOREIGN HOST COUNTRIES. The Associate Administrator for Policy and Governmental Affairs is delegated the authority to excuse FHWA employees for the observance of the local holidays on which the U.S. embassy is closed, without charge to leave or loss of pay for regular workdays.

  14. LABOR-MANAGEMENT RELATIONS. Except as reserved to the Administrator in Chapter 3 of this Manual, the Associate Administrator for Administration is delegated the authority to administer the FHWA labor-management relations program, to include acting on requests for recognition and negotiating agreements.

  15. TRAINING FUNDS.

    1. The Executive Director is delegated the authority to approve the use of core (centrally budgeted) training funds for purposes other than training when such purposes are sufficiently important to warrant the redirection of funds.

    2. Associate Administrators, Chief Counsel, Chief Financial Officer, Directors of Field Services, Resource Center Director, Division Administrators, and FLH Division Engineers are delegated the authority to approve the use of local training funds for purposes other than training when such purposes are sufficiently important to warrant the redirection of funds.

  16. IN-SERVICE TRAINING, INTERAGENCY, AND NON-GOVERNMENT COURSES.

    1. Associate Administrators, Chief Counsel, Chief Financial Officer, Directors of Field Services, Resource Center Director, Division Administrators, and FLH Division Engineers are delegated the following personnel authorities:

      • (1) In-Service Training: approve attendance of employees within their jurisdiction for all in-service training provided the employees meet the standards for selection which have been set by the organization sponsoring the training; and

      • (2) Interagency and Non-Government Courses: approve attendance of employees within their jurisdiction for interagency training or training at or through non-Government facilities that does not exceed $2,500 in training costs (excluding salary and travel) per person per course.

    2. The Associate Administrator for Administration is authorized to approve interagency training or training at, by, or through non-Government facilities which:

      • (1) is announced and controlled at Headquarters because of limited quotas, nationwide competition, large expenditures of funds, extended training period, special qualifications, etc. For example, OPM seminars and the Federal Executive Institute, Brookings Institution conferences, fellowships, and extended full-time study; or

      • (2) exceeds $2,500 in training costs (excluding salary and travel) per person per course.

  17. WITHIN-GRADE INCREASES. Associate Administrators, Chief Counsel, Chief Financial Officer, Directors of Field Services, Resource Center Director, Division Administrators, and FLH Division Engineers are delegated the authority to approve or deny within-grade salary increases in accordance with the PMM, Part I, Chapter 5, Section 1, Within-Grade Salary Increases (General Schedule and Wage System).

  18. PERSONNEL SECURITY. The Associate Administrator for Administration is delegated the authority to carry out personnel security, suitability, and personnel related industrial security actions.

  19. CREDENTIALS AND PERSONAL IDENTIFICATION CARDS. The Associate Administrator for Administration is delegated the authority to issue official and personal credentials.

  20. RECRUITMENT AND RELOCATION BONUSES. The Executive Director, Associate Administrators, Chief Counsel, Chief Financial Officer, and Directors of Field Services are delegated the authority to approve or reject requests for recruitment and relocation bonuses, provided that they are at a higher organizational level than the official recommending the bonus and that all guidelines outlined in PMM, Chapter 6, Section 4 (Recruitment, Relocation, and Retention Incentives), are met. This authority may not be redelegated.

  21. THRU 26. RESERVED.

SECTION 2. INFORMATION AND MANAGEMENT SERVICES

  1. ACQUISITION OF GOVERNMENT PERSONAL PROPERTY.

    1. Associate Administrators, Chief Counsel, Chief Financial Officer, Directors of Field Services, Resource Center Director, Division Administrators, and FLH Division Engineers are delegated the authority to approve requisitions for expendable and nonexpendable Government personal property, except for those items covered by subparagraph b, below, and subject to the clearance of the Associate Administrator for Administration, in accordance with the provisions of FHWA Order M 4300.1, Personal Property Management Manual.

    2. The Associate Administrator for Administration is delegated the authority to approve requisitions for office furniture, furnishings, and equipment for Headquarters.

  2. TRANSFER OF EXCESS GOVERNMENT PERSONAL PROPERTY. The Associate Administrator for Administration, Directors of Field Services, Resource Center Director, Division Administrators, and FLH Division Engineers are delegated the authority to approve SF-122, Transfer Order Excess Personal Property, for transfer of materials and equipment declared excess to the needs of Federal agencies, to State departments of transportation for highway purposes as provided by 23 U.S.C. 308(b), and to learning institutions, and other organizations.

  3. DISPOSAL OF EXCESS GOVERNMENT PERSONAL PROPERTY TO OTHER GOVERNMENT AGENCIES. The Associate Administrator for Administration, Directors of Field Services, Resource Center Director, Division Administrators, and FLH Division Engineers are delegated the authority to approve SF-120, Report of Excess Property, and SF‑126, Report of Personal Property for Sale, for the disposal of Government personal property in the custody of FHWA. This disposal authority includes the release of Government-owned vehicles.

  4. GOVERNMENT PERSONAL PROPERTY LOST, STOLEN, OR DAMAGED. The Associate Administrator for Administration, Directors of Field Services, Resource Center Director, Division Administrators, and FLH Division Engineers are delegated the authority to: (a) approve Form FHWA-1364, Report of Review of Property, for Government personal property that is lost, stolen, damaged, or unserviceable after such reports have been reviewed and recommendations made by the Review Officer or Review Board and; (b) take administrative action to collect for damages to any Government personal property under their jurisdiction, including motor vehicles, subject to prior review by the Chief Counsel or his/her authorized representative for legal sufficiency.

  5. EMPLOYEE PERSONAL PROPERTY CLAIMS. The Chief Financial Officer is delegated the authority to approve the payment of claims made by FHWA employees against the United States for not more than $40,000 for damage to, or loss of, personal property which meet the requirements of 31 U.S.C. 3721. If, however, the claim arose from an emergency evacuation or extraordinary circumstances, the amount settled and paid under the authority of 31 U.S.C. 3721(b) may exceed $40,000, but may not exceed $100,000. This approval authority is subject to prior review by the Chief Counsel for legal sufficiency.

  6. REAL PROPERTY. The Associate Administrator for Administration is delegated the authority to approve SF-118, Report of Excess Real Property, for real property determined to be excess to the needs of the FHWA, subject to review for legal sufficiency and preparation of the attorney's report on title by the Chief Counsel or his/her authorized representative. This authority may not be redelegated.

  7. SPACE.

    1. The Associate Administrator for Administration is delegated the authority to approve requests for space through the General Services Administration (GSA) for use as offices, special purpose facilities, and storage in accordance with Federal Management Regulations and FHWA Order 4230.2B, Real Property and Space Management.

    2. The Associate Administrator for Federal Lands Highway and FLH Division Engineers are delegated the authority to determine requirements for leased space for project offices, trailers, etc. in accordance with the GSA’s delegation to the Secretary dated August 5, 1998, and the redelegation to the Administrator dated October 1, 1998.

  8. SPACE AND COMMUNICATIONS ADJUSTMENTS. The Associate Administrator for Administration, Directors of Field Services, Resource Center Director, Division Administrators, and FLH Division Engineers are delegated the authority to issue work orders or requisitions (to GSA, telephone company, etc.) for alterations, and telephone installations or changes. Except for the Associate Administrator for Administration, exercise of this authority may not result in an increase in space, rent, etc.

  9. TECHNICAL SECURITY. In coordination with the Chief Counsel, the Associate Administrator for Administration is delegated the authority to: (1) determine that a requirement exists for the recording of a telephone conversation; and (2) approve the installation and use of telephone monitoring devices on a case-by-case basis. This authority may not be further delegated.

  10. LONG-DISTANCE TELEPHONE CALLS. Associate Administrators, Chief Counsel, Chief Financial Officer, Directors of Field Services, Resource Center Director, Division Administrators, and FLH Division Engineers are delegated the authority to allow the use of Government telephones for commercial long-distance calls for the transaction of public business, as prescribed by FHWA Order M 1740.1B, Telecommunications Service Manual, 31 U.S.C. 1348. A copy of each redelegation of this authority will be promptly furnished to the Associate Administrator for Administration, ATTN: Chief, Management Services Division (HAIM-20).

  11. DIRECTIVES APPROVALS. The following directives approval authorities apply to the Agency 's formal directives that are processed by the Directives Control Point in the Office of Information and Management Services (HAIM-10).

    1. The Associate Administrator for Administration is delegated the authority to:

      • (1) Directives System: approve the FHWA directives system policy and procedures (this authority may not be redelegated); and

      • (2) Directives Corrections.

        • (a) issue FHWA directives correcting technical or administrative content or omissions. Exercise of this authority is subject to prior coordination with the Chief Counsel where regulatory material is involved and with the affected program offices (this authority may not be redelegated); and

        • (b) issue directives pertaining to this Manual, subject to prior coordination with affected offices. This authority applies to the issuance of directives that:

          1. correct obvious inconsistencies among current delegations of authority and the assignment of functions;

          2. add delegations of authority to the Manual that are currently contained in other directives, memorandums, or formal documents approved by the Administrator;

          3. make more descriptive, or clarify, the material to which the current delegation applies; and

          4. correct existing delegations of authority where the purpose is to implement a new or revised administrative procedure that originated from an external source.

            The authorities outlined in paragraphs 37a(2)(b)(1-4) above may not be redelegated.

    2. Associate Administrators, Chief Counsel, and the Chief Financial Officer are delegated the authority to approve and issue directives that establish procedures but that do not change policy, and are within the authority specifically delegated to them by the Administrator. This authority may not be redelegated.

  12. PUBLIC NOTICES - INFORMATION COLLECTIONS. The Associate Administrator for Administration is delegated the authority to issue notices seeking public comment in the general notices section of the Federal Register concerning proposed collections of information or extensions of existing collections that are not included in a Notice of Proposed Rulemaking, in accordance with the Paperwork Reduction Act of 1995 and implementing regulations (5 CFR 1320).

  13. PRIVACY ACT. Regarding records pertaining to individuals (Privacy Act, 5 U.S.C. 552a), the Associate Administrator for Administration is delegated the authority to:

    1. make final decisions concerning the granting of access to or the amendment of records in accordance with 49 CFR 10.51; and

    2. exempt systems of records in accordance with 49 CFR 10.63.

  14. RECORDS DISPOSITION SCHEDULES. The Associate Administrator for Administration is delegated the authority to certify FHWA records disposition schedules (SF-115, Request for Records Disposition Authority).

  15. OFFICIAL SEAL. The Associate Administrator for Administration, Directors of Field Services, Resource Center Director, Division Administrators, and FLH Division Engineers are delegated the authority to certify and affix the official seal of the Department of Transportation for certifying copies of official documents in accordance with DOT Order T-1000.14A, Official Seal and Signatures of the Department of Transportation.

  16. FOR OFFICIAL USE ONLY.

    1. The authority to apply the term "For Official Use Only" is delegated to the following officials:

      • (1) Deputy Administrator

      • (2) Executive Director

      • (3) Associate Administrators, Chief Counsel, Chief Financial Officer

      • (4) Directors of Field Services

      • (5) Resource Center Director

      • (6) Division Administrators

      • (7) FLH Division Engineers

    2. Although this is not a security classification category, it denotes official information that requires protection because of certain laws or in the public interest, but not in the interest of national defense.

  17. MEETING NOTICES. Associate Administrators, Chief Counsel, Chief Financial Officer, Directors of Field Services, Resource Center Director, Division Administrators, and FLH Division Engineers are delegated the authority to issue notices announcing public meetings or advisory committee meetings in the general notices section of the Federal Register. Exercise of this authority is subject to prior coordination with the Chief Counsel. This authority may not be redelegated.

  18. INFORMATION TECHNOLOGY (IT).

    1. The Associate Administrator for Administration is delegated the authority to approve IT strategies, standards, policies, the agencywide 5-year plan, feasibility studies, requirements analyses, and plans for the development, maintenance, and enhancement of FHWA 's information systems and agencywide IT infrastructure.

    2. The Associate Administrator for Administration is delegated the authority to make certifications of FHWA compliance with Section 508 of the Rehabilitation Act (29 U.S.C. 794d) for the acquisition of Electronic and Information Technology (EIT) products, prior to forwarding purchase request packages to the Office of Acquisition Management. This includes authority to make and document determinations of “undue burden” which are subject to further review and approval at the Departmental level. These authorities shall be executed in accordance with requirements of Chapter 1239 of the Department of Transportation Acquisition Manual and Chapter 2 of DOT Order 1350.2, Departmental Information Resource Management Manual.

    3. Associate Administrators, Chief Counsel, Chief Financial Officer, Directors of Field Services, Resource Center Director, Division Administrators, and FLH Division Engineers are delegated the authority to approve the acquisition of IT equipment (hardware, software, and data communications) and IT services for information systems and IT infrastructure to support FHWA 's mission and programs in accordance with the Agency's Strategic Plan and the approved 5‑year IT Plan to ensure agencywide consistency and appropriate use of resources. Exercise of this authority is subject to requirements of FHWA Order 4460.1B, Clearance of Requests for Procurement of Goods and Services.

  19. PUBLICATIONS, EXHIBITS, AND AUDIO-VISUALS.

    1. Requests. Associate Administrators, Chief Counsel, Chief Financial Officer, Directors of Field Services, Resource Center Director, Division Administrators, and FLH Division Engineers are delegated the authority to procure publications, exhibits, and audio-visuals including film, videotapes, video-disks, and slide tape presentations in accordance with applicable Federal Acquisition Regulations and FHWA Order H 1710.3A, FHWA Audiovisual and Visual Aids Handbook.

    2. Approval. The Associate Administrator for Public Affairs is delegated the authority to approve requests for clearance and production of publications, exhibits, and audio-visuals including film, videotapes, videodisks, and slide tape presentations (refer to FHWA Order 1710.3A).

  20. PRINTING AND REPRODUCTION. The Associate Administrator for Administration, Directors of Field Services, Resource Center Director, Division Administrators, and FLH Division Engineers are delegated the authority to procure printing and reproduction services in accordance with FHWA Order H 1710.4, Publications and Printing Handbook.

  21. ORGANIZATION APPROVAL.

    1. Headquarters. Associate Administrators, Chief Counsel, and Chief Financial Officer are delegated the authority to approve informal organization structures (e.g., teams) within their respective organizations. 3

    2. Field. Directors of Field Services, Resource Center Director, Division Administrators, and FLH Division Engineers are delegated the authority to approve organization structures and changes within their respective organizations. This authority may not be redelegated. Charts reflecting approved organization changes shall be submitted to the Office of Information and Management Services (HAIM-10) for distribution within Headquarters.

  22. SIGNING CORRESPONDENCE.

    1. Headquarters. Associate Administrators, Chief Counsel, and Chief Financial Officer, in their respective areas of responsibility, may:

      • (1) sign all correspondence not reserved for the Administrator (refer to Chapter 3, paragraph 14e), and correspondence associated with routine operational reports mandated by OST or other agencies which do not require the Administrator's signature;

      • (2) redelegate signature authority, other than for correspondence specifically referred to in paragraph 48a(1) above, down to Division Chief or equivalent level, consistent with their assigned responsibilities and not restricted to Associate Administrators, Chief Counsel and Chief Financial Officer, as set forth in Part I of this Manual; and

      • (3) are responsible for recognizing any correspondence that is non-routine, sensitive, or involves policy issues and bringing it to the attention of the Executive Director.

    2. Field. Directors of Field Services, Resource Center Director, Division Administrators, and FLH Division Engineers, in their respective areas of responsibility, may sign all correspondence not reserved for the Administrator in Chapter 3, paragraph 14e, except that only the Directors of Field Services, Resource Center Director, and Division Administrators may sign routine State-oriented correspondence addressed to a Member of Congress, Governor, or Mayor, if the incoming correspondence is addressed to them or their respective organization.

      Refer to FHWA Order M 1325.1D, Federal Highway Administration (FHWA) Correspondence Manual, and other correspondence-related policy and procedures issued by the Executive Secretariat other correspondence-related policy issued by the Executive Secretariat for instructions on correspondence preparation and control.

  23. REQUESTS FOR RECORDS PURSUANT TO THE FREEDOM OF INFORMATION ACT (FOIA).

    1. Initial Determinations. Associate Administrators, Chief Counsel, Chief Financial Officer, Directors of Field Services, Resource Center Director, Division Administrators, and FLH Division Engineers are delegated the authority to issue initial determinations in response to requests for records and for the waiver or reduction of fees pursuant to the FOIA (5 U.S.C. 552) and the Department of Transportation's implementing regulation (49 CFR Part 7). This includes: (1) the release of information in response to initial requests; (2) the granting of requests for fee waivers, reductions in fees, and expedited processing; and (3) the initial denial of requests for records and for fee waivers and reductions in fees. All initial denials of requests for records not based on established precedent are subject to the prior concurrence of the designated legal counsel.

    2. Notifications to Submitters of Confidential Business Information. Associate Administrators, Chief Counsel, Chief Financial Officer, Directors of Field Services, Resource Center Director, Division Administrators, and FLH Division Engineers are delegated the authority to notify persons who have submitted confidential business information to the FHWA: (1) of the receipt of FOIA requests for this information; and (2) of the determination to release all or part of the information over the submitter's objections, in accordance with Executive Order 12600, dated June 23, 1987, and 49 CFR 7.17. All notifications to release confidential business information over the objections of the submitter are subject to the prior concurrence of the designated legal counsel.

    3. Appeal Responses. The Associate Administrator for Administration is delegated the authority to issue all appeal responses in accordance with 5 U.S.C. 552 and 49 CFR Part 7. If the final response is a continued denial of documents or information, the response is subject to the prior concurrence of the Chief Counsel and the FOIA attorney in the Office of the Secretary of Transportation (Office of General Counsel). This authority may not be redelegated.

    4. Congressional FOIA Requests.

      • (1) When a FOIA request is received from a Member of Congress on his/her own behalf, Associate Administrators, Chief Counsel, Chief Financial Officer, Directors of Field Services, Resource Center Director, Division Administrators, and FLH Division Engineers may issue the response to the Member in accordance with the delegation of authority in paragraph 49b, above.

      • (2) When a Member of Congress writes on behalf of a constituent who is a FOIA requester, the determination should be issued directly to the requester in accordance with the delegations of authority in this paragraph. A response to the Member of Congress transmitting a copy of the determination should be prepared for the Associate Administrator for Administration’s signature. This authority may not be redelegated.

  24. THRU 59. RESERVED.

SECTION 3. ACQUISITION MANAGEMENT

  1. PURCHASING AND CONTRACTING.

    1. Head of the Contracting Activity (HCA). The Executive Director is designated as the HCA.

    2. Contracting Authorities. The HCA is delegated the authority to establish contracting activities and delegate broad authority to manage the Agency's contracting functions. In accordance with 48 CFR 1201.601, the HCA is delegated the authority to enter into contracts for authorized supplies and services and shall be considered a contracting officer within the FHWA by virtue of his/her position. The Associate Administrator for Administration and the Associate Administrator for Federal Lands Highway shall also be considered contracting officers within the FHWA by virtue of their position. All other contracting officers must be appointed in writing using a Certificate of Appointment, SF 1402, and following the procedures described in the Transportation Acquisition Manual (TAM) 1201.603.

    3. Chief of Contracting Office. The authority of the HCA to establish contracting activities and delegate authority is redelegated to the Chiefs of Contracting Offices (COCOs) in accordance with TAM 1201.603. No COCO is authorized to sign contracts or other procurement actions, unless he/she has been appointed a contracting officer under the procedures described in TAM 1201.603. COCOs are hereby defined as including the Director, Office of Acquisition Management, the Associate Administrator for Federal Lands Highway, Resource Center Director, Division Administrators, and FLH Division Engineers.

    4. Contracting Officers. The Director, Office of Acquisition Management, and the Associate Administrator for Federal Lands Highway may redelegate his/her authority through the selection and appointment of contracting officers, using the guidance in TAM 1201.603 and the DOT Acquisition Career Development Policy for Contracting Professionals issued as a supplement to TAM Chapter 1201. The Resource Center Director, Division Administrators, and FLH Division Engineers may select and appoint contracting officers under the Federal Acquisition Regulation (FAR) Parts 8 and 13 only. Warrants for all other levels of authority must be made in writing by the Associate Administrator for Administration, or the Associate Administrator for Federal Lands Highway as appropriate, using a Certificate of Appointment, SF 1402 [FAR Part 8 deals with the acquisition of supplies and services from or through Government supply sources such as Federal Supply Schedules. FAR Part 13 describes procedures for acquisitions that do not exceed the simplified acquisition threshold (currently $100,000) and which are accomplished using purchase orders or Government purchase cards].

    5. Assistance Agreements. The authority given to the Administrator to award assistance agreements (grants and cooperative agreements) is also delegated to the HCA, and further redelegated to the COCOs on the following basis:

      • (1) The Director, Office of Acquisition Management, and the Associate Administrator for Federal Lands Highway are delegated full authority to enter into grants and cooperative agreements. Non Federal-aid FHWA assistance agreements (grants or cooperative agreements) issued by Headquarters offices shall be signed by a contracting officer. In addition, the Director, Office of Acquisition Management, is delegated the authority to make Agency determinations with regard to whether discretionary research projects should be administered by the Office of Acquisition Management or by FHWA division offices using Federal-aid procedures (see FHWA Order 4410.3A, Processing Research Projects Under SAFETEA-LU). Program Offices may appeal such decisions to the Executive Director.

      • (2) Division Administrators and FLH Division Engineers are delegated authority to enter into, and sign, cooperative agreements with State departments of transportation to carry out specific research and development projects. This authority may not be further delegated.

      • (3) Additional information on grant and cooperative agreement policies and procedures is contained in DOT Order 4600.17A.

    6. Procurement Activity Competition Advocate. The Associate Administrator for Administration will serve as the FHWA Procurement Activity Competition Advocate with the responsibilities and authorities described in FAR Part 6.304. With specific regard to the FLH Program, Procurement Activity Competition Advocate responsibilities and authorities are delegated to the Associate Administrator for Federal Lands Highway.

    7. Acquisition Policy Oversight. Overall responsibility for agencywide acquisition policy resides with the Office of Acquisition Management, including Agency implementation of the DOT Acquisition Career Development Policy for Contracting Professionals, and publication of the Agency Contracting Officer Warrant Program under the authority of TAM 1201.103, issued as a supplement to TAM Chapter 1201.

    8. Other than Competitive Bid (Federal Lands Highway). The Associate Administrator for Federal Lands Highway and FLH Division Engineers are delegated the authority to affirmatively find that other than competitive biddings are in the public interest as identified in 23 U.S.C. 204 (e).

    9. Ratifying Official. The Associate Administrator for Administration will serve as the FHWA Ratifying Official with the responsibilities and authorities described in FAR Subpart 1.602.3. With specific regard to the FLH Program, the responsibilities and authorities of the Ratifying Official are delegated to the Associate Administrator for Federal Lands Highway.

  2. MISTAKES IN AND WITHDRAWAL OF BIDS. The Head of the Contracting Activity is delegated the authority to permit the correction of or withdrawal of bids in accordance with the provisions of FAR Section 14.407-3 and 48 CFR 1214.407-3, and to make the required determinations with respect to mistakes in bid. This authority is redelegated to COCOs in accordance with TAM 1214.407‑3.

  3. LEGAL REVIEW. Exercise of the authorities in paragraphs 60 and 61 above are subject to legal advice in accordance with the TAM subchapter 1201.7003.

  4. CASH PURCHASES. The Resource Center Director, Division Administrators, and FLH Division Engineers are delegated the authority to make small cash purchases from their personal funds for supplies and services necessary and proper for the performance of the work at their official station and claim reimbursement therefore.

  5. ADVERTISING. The Associate Administrator for Administration, Resource Center Director, Division Administrators, and FLH Division Engineers are delegated the authority to publish advertisements, notices, and proposals in newspapers, trade journals, or other similar advertising media.

  6. PERFORMANCE OF COMMERCIAL ACTIVITIES.

    1. The FHWA Competitive Sourcing Official (CSO) is delegated the authority to implement all provisions of the Office of Management and Budget (OMB) Circular A‑76, Performance of Commercial Activities, on an agencywide basis. This includes authority for final decisions on challenges to FHWA’s annual commercial and inherently governmental inventories in accordance with Section 3(d) of the Federal Activities Inventory Reform (FAIR) Act of 1998 (Public Law 105-277). Other specific authorities that may be exercised by the CSO are identified in OMB Circular A-76. These authorities may not be redelegated.

    2. The Associate Administrator for Administration is designated as the official responsible for implementing the FAIR Act, using guidance provided in OMB Circular A‑76. This includes gathering information for development of FHWA’s annual commercial and inherently governmental FAIR Act inventories for submission to the Office of the Secretary of Transportation and OMB. Annual inventories are subject to review and approval of the CSO.

  7. PUBLIC NOTICES - GRANTS AND COOPERATIVE AGREEMENTS. The Associate Administrator for Administration is delegated the authority to issue notices for public information in the general notices section of the Federal Register concerning prospective grant and cooperative agreement solicitations for proposals and the opportunity to obtain more information regarding these prospective solicitations. This authority may be redelegated to the Director, Office of Acquisition Management.

  8. PUBLIC NOTICES - COOPERATIVE RESEARCH AND DEVELOPMENT AGREEMENTS. The Associate Administrator for Research, Development, and Technology is delegated the authority to issue notices for public information in the general notices section of the Federal Register concerning prospective Cooperative Research and Development Agreements and the opportunity to obtain more information regarding these prospective agreements.

  9. THRU 77. RESERVED.

SECTION 4. OTHER APPROVALS

  1. GENERAL CLASSES OF FORMAL INSTRUMENTS.

    1. Chief Counsel. The Chief Counsel is delegated the authority to execute for and in the name of the Administrator: (1) general classes of formal instruments creating commitments on the part of the FHWA, such as deeds, leases, and other legal documents and papers, but excluding Declarations and Amended Declarations of Taking necessary for all Federal acquisition of real property required for the Federal-aid systems, defense access roads, areas under FHWA jurisdiction, and for Federal transfer of appropriate real property, including rights-of-way and material sources over Federal land to the States; and (2) use permits and other agreements for the use of FHWA-owned real property.

    2. Headquarters and Field. Within their functional areas of responsibility, Associate Administrators, Chief Counsel, Chief Financial Officer, Directors of Field Services, Resource Center Director, and FLH Division Engineers are delegated the authority to enter into formal agreements with their operational equivalents in other Federal, State, and local government agencies, and nongovernmental agencies as necessary, except as reserved to the Secretary in Chapter 3 of this Manual. Exercise of this authority is subject to coordination with any other affected offices and organizations, and the concurrence of the designated legal counsel. These agreements may not establish or change Agency policy. This authority may not be redelegated.

    3. Field. Notwithstanding the authority delegated to the Chief Counsel in paragraph 78a above, Division Administrators and FLH Division Engineers are delegated the authority:

      • (1) to execute deeds or other instruments as required to effect the transfer of rights-of-way for highway purposes, including the control of access thereto from adjoining lands, from the FHWA to the States or political subdivisions thereof, in accordance with the Federal-aid highway laws;

      • (2) to execute deeds or other instruments effecting the transfer of excess lands, where the authority to process reports of excess lands has been delegated to the FHWA Administrator by the Secretary of Transportation, and as such may be required by directives received from the GSA;

      • (3) to execute licenses and permits required to permit the temporary use of land being administered by the FHWA; and

      • (4) to execute instruments effecting the disposal of improvements located on nonexcess lands where the authority to effect such disposal has been delegated to the Federal Highway Administrator by the Secretary of Transportation.

      These authorities shall be exercised subject to prior concurrence by the designated legal counsel. This authority may not be redelegated.

  2. RULES CORRECTIONS. The Chief Counsel is delegated the authority to issue amendments correcting technical or administrative errors or omissions in rules and regulations pertaining to Federal-aid Highways and Defense Access Roads (23 U.S.C. 315). Exercise of this authority is subject to prior coordination with the Associate Administrator for Administration in situations where the regulatory material to be corrected is also contained in an FHWA directive, and with affected program offices, as appropriate.

  3. COOPERATIVE AGREEMENTS WITH FOREIGN COUNTRIES. The Associate Administrator for Policy and Governmental Affairs, in coordination with the Office of Chief Counsel and the Department’s International Office, is delegated the authority to execute cooperative agreements with foreign countries covering technical missions or cooperative services, except that the Administrator shall sign agreements where protocol or other justifying reasons dictate. This authority may not be redelegated.

  4. ADMINISTRATION OF INTERNATIONAL HIGHWAY PROGRAMS.

    1. The Associate Administrator for Policy and Governmental Affairs is delegated the authorities contained in the following paragraphs of this chapter, with respect to administration of international programs: 1, 8, 10, 11, 28-30, 34, 42, 45a, 46, 63, and 64. Conditions and limitations on the authority for overall personnel management (Section 1, paragraph 1) are set forth in Appendix 1-1.

    2. In situations where non-appropriated funds are being used, the Associate Administrator for Policy and Governmental Affairs shall acquire expendable and nonexpendable supplies and equipment necessary for normal office operations, within existing divisions/missions, in accordance with Section 3, paragraph 60, of this directive.

  5. COOPERATIVE RESEARCH AND DEVELOPMENT AGREEMENTS. (CRADAs). The Associate Administrator for Research, Development, and Technology is delegated the authority to enter into and sign CRADAs with respect to the FHWA's laboratories. Before entering into and signing a CRADA, the Associate Administrator for Research, Development, and Technology shall coordinate with Chief Counsel and the Office of Acquisition Management. This authority may not be redelegated.

  6. thru 90. RESERVED.


APPENDIX-1-1

Conditions and limitations placed on authority for personnel administration delegated to the Associate Administrator for Policy and Governmental Affairs in connection with the international highway programs (see paragraph 81). Exercise of these authorities is subject to all applicable regulations and directives to include those issued by the Office of Personnel Management, Department of State (e.g., National Security Decision Directive 38; International Cooperative Administrative Support Services Agreements), and the Agency for International Development.

Legend -A - Authorized to take actions listed.
NA - Not authorized to take actions listed.
ACTION AUTHORITY
1. Establish foreign service local positions A*
2. Determine pay rates for foreign service local positions A*
3. Recruit to fill foreign service local positions on temporary or excepted indefinite basis A*
4. Approve reassignments and change in duty station A*
5. Approve following types of separations:  
  a. resignation, A*
  b. termination of temporary appointments, A*
  c. termination of excepted indefinite appointments because of reduction in force, and A*
  d. death. A*
6. Classify General Schedule positions NA
7. Take action pertaining to the following positions:  
  a. consultants and experts, and NA
  b. positions requiring professional legal training. NA
8. Actions pertaining to permanent appointments NA
9. Adverse actions (except in connection with the separations specifically authorized above), including but not limited to: NA
  a. action relating to security or loyalty matters, NA
b. change to a lower grade, NA
c. suspension, and NA
d. separation for any involuntary cause. NA
10. Detail any employee serving in a foreign assignment for a period not to exceed 120 days A

*Authority limited to actions pertaining to temporary and excepted indefinite employment of local nationals and the temporary overseas limited employment of U.S. citizens who reside locally.


1 In contrast to the other chapters in Part I of this Manual, for which the default rule is that you cannot redelegate an authority unless specifically authorized, this chapter, Chapter 3 (Reservations), Chapter 6 (Federal Lands), and Chapter 7 (Financial Management), in deference to the concept of empowerment, provide that permission to redelegate is granted unless otherwise stated.

2 Prior OPM approval is required to designate the worksite as remote in order to grant a commuting allowance.

3 In Headquarters, the final authority for approval of organization structures and changes at the division or equivalent level is reserved to the Administrator.

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