951.102 Authorization to use Government supply sources. con (a) The Head of the Contracting Activity may authorize contractors performing under cost-reimbursement contracts and subcontractors performing under cost-reimbursement tracts, where all higher tier contracts and subcontracts are cost-type, to use Government supply sources in accordance with the requirements and procedures in FAR Part 51, DOE PMR 41 CFR 109-26, and any necessary approval from the agency involved. This authority may be redelegated to the level of contracting officer. Direct acquisition by the DOE, rather than by a contractor under cost-reimbursement contracts, shall be required where deemed necessary by the Head of the Contracting Activity in order to carry out special requirements of appropriation acts or other applicable laws relating to particular items. (c)(1) The DOE central point of contact for the assignment, correction, or deletion of FEDSTRIP activity address codes is the Property and Equipment Management Division, Office of Policy, Procurement and Assistance Management Directorate, Headquar ters. (e)(4)(iii) Materials, supplies, and equipment acquired from Government sources of supply under the procedures described herein must be used exclusively in connection with Government work, except as otherwise authorized by the Head of the Contracting Activity. [49 FR 12042, Mar. 28, 1984; 49 FR 38951, Oct. 2, 1984] 951.103 Ordering from Government supply sources. (b) The Procurement Executive shall be informed of instances in which GSA sources of supply are not used because of the quality of the items available from GSA or when a Federal Supply Schedule contractor refuses to honor an order. Subpart 951.2-Contractor Use of Interagency Motor Poo! Vehicles 951.201 Policy. (a) If it is in the Government's interest, the contracting officer may authorize cost-reimbursement contractors to obtain, for official purposes only, interagency motor pool vehicles and related services, including: (1) Fuel and lubricants, (2) vehicle inspection, maintenance, and repair, (3) vehicle storage, and (4) commercially rented vehicles for short-term use under Federal Supply Schedule Industrial Group 751. Subpart 951.70-Contractor Employee Travel Discounts SOURCE: 54 FR 17736, Apr. 25, 1989, unless otherwise noted. 951.7000 Scope of subpart. The General Services Administration (GSA) and, in some cases, the Department of Defense (DOD) Military Traffic Management Command negotiate agreements with commercial organizations to provide certain discounts to contractors performing travel under Government cost-reimbursable contracts. In the case of discount air fares and hotel/motel room rates, the GSA has established agreements with certain airlines and thousands of hotels/motels to extend discounts which were previously only available to Federal employees on official travel status. DOD has negotiated agreements with car rental companies for special rates with unlimited mileage which were also to be used by only Federal employees on official Government business. GSA Bulletin Federal Property Management Regulations (FPMRS) A-95, dated August 19, 1988, makes these three travel discounts available to Government cost-reimbursable contractors at the option of the vendor. 951.7001 General policy. Contracting officers will encourage DOE cost-reimbursable contractors (CRCS) to use Government travel discounts to the maximum extent practicable in accordance with contractual terms and conditions. Vendors providing the service may require that Government contractor employees furnish a letter of identification signed by the authorizing contracting officer. Contracting officers shall provide CRCs with a "Standard Letter of Identification" when appropriate to do so. An example of a "Standard Letter of Identification" is included as an attachment to GSA Bulletin A-95 and at 952.251-70(e). (a) FPMR Temporary Regulation A30 governs the use of contract airlines and provides that CRCs working for the Government are authorized, but not required, to obtain the same contract fares offered to Federal employees if the contract air carrier has agreed to such an arrangement. FPMR Temporary Regulation A-30 further provides that CRCS may obtain contract fares by use of a Government Transportation Request, Standard Form 1169, cash or personal credit card. The Federal Travel Directory (FTD) (ISSN: 0278-0941), published monthly by GSA, identifies air carriers that have agreed to permit CRCs to purchase contract fares when traveling on official Government business. (b) The Hotel/Motel Discount Section of the FTD lists all participating lodging locations with which GSA has negotiated rates for use by Federal travelers. The directory lists rates and facilities, and identifies those which also offer their Federal discount rates to Government contractors. Hotels/ motels participating in travel discounts may, at their option, extend the reduced rates to not only CRCS but to employees of firms working under any type of Government contract. Hotels/motels usually require identification signed by the contracting officer (see above). (c) Participating car rental firms offering discounted rates to Federal travelers, including those offering discount rates to Government contractor employees, are published in the "Rental Car Information" section of the FTD. Car rental firms which extend the discounted rates to CRCS are identified and should be used as the first source of supply for contractor car rental needs. GSA Bulletin FPMR G-173 and supplement 1 thereto provide guidelines and overall procedures to be used in obtaining discount car rental rates. CRCS should check with the individual car rental firms for details and identification requirements. Accepted methods of payment include cash and personal credit cards. 951.7002 Responsibilities. Contracting officers will include in all cost-reimbursable solicitations and resulting contracts, or contract modifications, the provision or clause, as applicable, at 952.251-70 when significant costs involving travel by air carrier, ground transportation by rental car and lodging at a hotel or motel will be required in connection with the performance of the contract. Contracting officers may furnish Government contractors with the identification letter for presentation to contract airline, hotel/motel or car rental firm (see 951.7001 above), depending upon the requirements of the vendor. PART SUBCHAPTER H-CLAUSES AND FORMS Sec. 952.215-23 Price reduction for defective cost or pricing data-modifications. 952.215-70 Required subcontractor representations and certifications. 952.215-71 Simplified representations and certifications-negotiated acquisition. 952.215-72 Simplified representations and certifications-sealed bid. 952.216 Clauses related to types of contracts. 952.216-7 Allowable cost and payment. 952.216-15 Predetermined indirect cost rates. 952.217-70 Acquisition of real property. 952.219 Clauses related to small business. 952.219-9 Small business and small disadvantaged business subcontracting plan. 952.223 Clauses related to environment, conservation, and occupational safety. 952.223-71 Safety and health (Government-owned or leased facility). 952.223-72 Radiation protection and nuclear criticality. 952.223-73 [Reserved] 952.223-74 Nuclear facility safety applicability. 952.223-75 Preservation of individual occupational radiation exposure records. 952.224-70 Paperwork Reduction Act. 952.227 Provisions and clauses related to patents, technical data and copyrights. 952.227-70 [Reserved] 952.227-71 Patent rights-small business firms or nonprofit organizations. 952.227-72 [Reserved] 952.227-73 Additional technical data re quirements. 952.227-74 [Reserved] 952.227-75 Rights in technical data-long form. 952.227-76 Rights in data-special works. 952.227-77 Rights in technical data clause-short form. 952.227-78 Rights in technical data-facility. 952.227-79 Limited rights in proprietary data. 952.227-80 Technical data certification. 952.227-84 Notice of right to request patent waiver. 952.231-70 Date of incurrence of cost. 952.233-2 Service of protest. 952.235-70 Key personnel. 952.236 Construction and architect-engineer contracts. 952.236-70 Administrative terms for architect-engineer contracts. Supbart 952.1-Instructions for Using Provisions and Clauses 952.102-1 Incorporation by reference. (a) Preprinted standard contract clauses (clause sets) and solicitation representations and certifications provisions will be maintained by the Office of Policy for use by DOE contracting activities during the initial Federal Acquisition Regulations System familiarization period. The clause sets contain the FAR and DEAR clauses required for specific contract types. Contracting Activities will be responsible for including necessary additions and alterations in individual contracts to ascertain that the clauses are current and appropriate to the circumstances of the individual contract. The concept of preprinted clause sets is designed to reduce the review burden on both the Contracting Activities and Department's contractors. Use of the preprinted clause sets reduces the review burden for an individual contract award since once the clause sets have been reviewed and understood for a particular contract type, individual contact reviews can be limited to examination of the alterations and additions used in conjunction with the preprinted clause sets. This practice eliminates the confusion and expense of the Department's contractors which would be caused were each contracting activity to pursue its contract approach regarding own clauses. (b) At a later date, when the FAR and DEAR clause requirements are familiar to both DOE personnel and the Department's contractors, the Department will consider incorporation by reference. Incorporation by reference is the practice of reducing the bulk of contract documents by listing only the title, regulatory citation, and date of a particular clause rather than its full text. The full text of the clause can be obtained by referring to a copy of the Code of Federal Regulations, Title 48, Chapter 1 for FAR clauses or Title 48, Chapter 9 for DEAR clauses. (a) The contracting officer shall substitute the following for paragraph (a) of the clause at FAR 52.202-1. (a) The term "Head of Agency” means the Secretary, Deputy Secretary or Under Secretary of the Department of Energy and the Chairman, Federal Energy Regulatory Commission. (b) The following shall be added as paragraph (d) except it will be designated paragraph (c) if Alternate I of the clause is used. (d) The term "DOE" means the Department of Energy and "FERC" means the Federl Energy Regulatory Commission. [49 FR 12042, Mar. 28, 1984, as amended at 50 FR 12185, Mar. 27, 1985] 952.204 Clauses related to administrative matters. 952.204-2 Security requirements. The following clause shall be included in contracts entered into under section 31 (research assistance) or 41 (ownership and operation of production facilities) of the Atomic Energy Act of 1954, as amended, and in other contracts and subcontracts, which involve or are likely to involve classified information. SECURITY (APR 1984) (a) Responsibility. It is the contractor's duty to safeguard all classified information, special nuclear material, and other DOE property. The contractor shall, in accordance with DOE security regulations and requirements, be responsible for safeguarding all classified information, and protecting against sabotage, espionage, loss and theft, the classified documents and material in the contractor's possession in connection with the performance of work under this contract. Except as otherwise expressly provided in this contract, the contractor shall, upon completion or termination of this contract, transmit to DOE any classified matter in the possession of the contractor or any person under the contractor's control in connection with performance of this contract. If retention by the Contractor of any classified matter is required after the completion or termination of the contract and such retention is approved by the contract ing officer, the contractor will complete a certificate of possession to be furnished to DOE specifying the classified matter to be retained. The certification shall identify the items and types or categories of matter retained, the conditions governing the retention of the matter, and the period of retention, if known. If the retention is approved by the contracting officer, the security provisions of the contract will continue to be applicable to the matter retained. Special nuclear material will not be retained after the completion or termination of the contract. (b) Regulations. The contractor agrees to conform to all security regulations and requirements of DOE. (c) Definition of classified information. The term "classified information' means Restricted Data, Formerly Restricted Data, or National Security Information. (d) Definition of restricted data. The term "Restricted Data" means all data concerning (1) design, manufacture, or utilization of atomic weapons; (2) the production of special nuclear material; or (3) the use of special nuclear material in the production of energy, but shall not include data declassified or removed from the Restricted Data category pursuant to Section 142 of the Atomic Energy Act of 1954, as amended. (e) Definition of formerly restricted data. The term "Formerly Restricted Data" means all data removed from the Restricted Data category under section 142 d. of the Atomic Energy Act of 1954, as amended. (f) Definition of National Security Information. The term "National Security Information" means any information or material, regardless of its physical form or characteristics, that is owned by, produced for or by, or is under the control of the United States Government, that has been determined pursuant to Executive Order 12356 or prior Orders to require protection against unauthorized disclosure, and which is so designated. (g) Definition of Special Nuclear Material (SNM). SNM means: (1) Plutonium, uranium enriched in the isotope 233 or in the isotope 235, and any other material which pursuant to the provisions of Section 51 of the Atomic Energy Act of 1954, as amended, has been determined to be special nuclear material, but does not include source material; or (2) any material artificially enriched by any of the foregoing, but does not include source material. (h) Security clearance of personnel. The contractor shall not permit any individual to have access to any classified information, except in accordance with the Atomic Energy Act of 1954, as amended, Executive Order 12356, and the DOE's regulations or requirements applicable to the particular |