3-13.000 - Procurement, and Property Management

3-13.100 Delegation of Procurement Authority (DPA)
3-13.200 Property Management
3-13.232 Use by United States Attorney Offices of Forfeited Vehicles and Other Property
3-13.240 Seized Property
3-13.300 Office Files


3-13.100 - Delegation of Procurement Authority (DPA)

United States Attorneys are delegated procurement authority for certain types of litigation expenses by the Assistant Director for Acquisitions, EOUSA in accordance with Federal Acquisition Regulations (FAR), Title 48 of the Code of Federal Regulations, and the Justice Acquisition Regulations (JAR).  This delegation of procurement authority is commonly referred to as Certified Invoice (CI) authority and is currently limited to acquisitions not exceeding $3,500.  United States Attorneys may redelegate CI authority to other individuals provided the redelegation states that the authority may not be further redelegated.

The Director, Procurement Services Staff (PSS), Justice Management Division (JMD) offers other types of DPAs to the United States Attorneys’ Offices.  DPAs available include Contracting Officer warrants and Government issued Purchase Cards, both of which require a significant amount of formal education and continuous training.  Contracting Officers enter into, administer, and/or terminate contracts and make related determinations and findings for a wide variety of supplies and services.  Purchase Card holders usually acquire lower dollar supply items using a purchase card.  Neither Contracting Officers nor Purchase Card holders may redelegate their purchasing authority to others.  To obtain a Contracting Officers warrant or Purchase Card, United States Attorneys’ Offices submit requests containing requisite training documentation to the EOUSA Acquisitions Staff.

[updated February 2018]


3-13.200 - Property Management

The Federal Property Management Regulations (FPMRs) CFR, Title 41, Chapter 101, and the Justice Property Regulations (JPMRs) Chapter 128-1 govern and guide Federal agencies in the acquisition, utilization management, and disposal of real and personal property. Property management includes inventory; accountability of property; excess property; loss or stolen property; and disposal of damaged property.

Further Guidance on Property Management can be found in the EOUSA Resource Manual

Property Management Definitions EOUSA Resource Manual at 114
Property Management Responsibilities EOUSA Resource Manual at 115
Property Management—Physical Inventories EOUSA Resource Manual at 116
Property Management—Conducting Physical Inventories EOUSA Resource Manual at 117

[updated February 2018]


3-13.232 - Use by United States Attorney Offices of Forfeited Vehicles and Other Property

Title 40 U.S.C. Section 304(h) authorizes a federal agency to retain forfeited property for official use. Title 28 U.S.C. Sec. 881(e)(1) also allows the Attorney General to retain forfeited property for official use. Title 40 U.S.C. Section 304(i) allows the government to apply to the court to order delivery of forfeited property “to any other agency which requests and in his judgment should be given such property,” and, if the government prevails in the forfeiture action, the court “should . . . order delivery accordingly.”

All requests for official use by any United States Attorney’s Office of any type of forfeited property shall be submitted to the Assistant Director, Facilities Management and Support Services, EOUSA for prior approval. This includes any vehicle or other property which may presently be utilized without prior approval. For further guidance, see the EOUSA Resource Manual at 186.

[cited in JM 3-1.200]

[updated February 2018]


3-13.240 - Seized Property

All seized property is the responsibility of the U.S. Marshal’s Service and should be in its custody at all times.

The United States Attorney should, upon request, furnish the U.S. Marshal with information as to the probable disposition date of cases in which seized property is involved, and the reasons for delays in termination.

[updated February 2018]


3-13.300 - Office Files

The records and files of all United States Attorneys’ offices should be maintained in current and orderly manner, and shall be disposed of in accordance with the General Records Schedules issued by the National Archives and Records Administration (NARA), or the retention schedules approved specifically for EOUSA and USAOs by the Archivist of the United States (see NARA’s Web site at: http://www.archives.gov/records-mgmt/rcs/ for Records Group (RG) 60 and RG118). Non-record materials, e.g., extra copies of correspondence and duplicate copies of records, may be destroyed without disposition authority.

Further guidance on these issues can be found in the EOUSA Resource Manual

Docket Records EOUSA Resource Manual at 119
Preparing Records for Transfer
to the Federal Records Center
(FRC)
EOUSA Resource Manual at 124

[updated February 2018]

Updated September 19, 2018