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CHAPTER 9-DEPARTMENT OF ENERGY

(Parts 900 to 999)

SUBCHAPTER A-GENERAL

Part 901 902 903

Page 265 266

Federal Acquisition Regulations System
Definitions of words and terms .....
Improper business practices and personal conflicts

of interest ....
Administrative matters

266 268

904

905 906 907 908 909 911 912

SUBCHAPTER B-ACQUISITION PLANNING
Publicizing contract actions
Competition requirements
Acquisition planning
Required sources of supplies and services
Contractor qualifications
Describing agency needs
Acquisition of commercial items

274 274 275 275 281 287 287

SUBCHAPTER C—CONTRACTING METHODS AND CONTRACT TYPES

913 914 915 916 917

Simplified acquisition procedures
Sealed bidding
Contracting by negotiation
Types of contracts .......
Special contracting methods

SUBCHAPTER D-SOCIOECONOMIC PROGRAMS

289 289 290 304 306

311

919 922

Small business programs
Application of labor laws to Government acquisi-

tion ....

315

923

Environment, conservation, occupational safety,

and drug free workplace
Foreign acquisition
Other socioeconomic programs

925 926

318 321 323

SUBCHAPTER E-GENERAL CONTRACTING REQUIREMENTS

927

Patents, data, and copyrights

327

928 931 932 933

Bonds and insurance
Contract cost principles and procedures
Contract financing
Protests, disputes, and appeals

335 336 336 340

SUBCHAPTER F_SPECIAL CATEGORIES OF CONTRACTING

935 936 937 939 941

Research and development contracting
Construction and architect-engineer contracts
Service contracting
Acquisition of information technology
Acquisition of utility services

343 343 345 345 346

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901.101 Purpose.

The Department of Energy Acquisition Regulation (DEAR) in this chapter establishes uniform acquisition policies which implement and supplement the Federal Acquisition Regulation (FAR).

901.104-3 Copies.

Copies of the DEAR published in the FEDERAL REGISTER or Code of Federal Regulations may be purchased from the Superintendent of Documents, Government Printing Office, Washington, DC 20402.

901.102 Authority.

The DEAR and amendments thereto are issued by the Procurement Executive pursuant to a delegation from the Secretary in accordance with the authority of section 644 of the Department of Energy Organization Act (42 U.S.C. 7254), section 205(c) of the Federal Property and Administrative Services Act of 1949, as amended, (40 U.S.C. 486(c)), and other applicable law.

901.105 OMB control numbers.

The Paperwork Reduction Act of 1980, Public Law 98–511, and the Office of Management and Budget's implementing regulations at 5 CFR part 1320, require that reporting and record keeping requirements affecting 10 or more members of the public be cleared by that Office. The OMB control number for the collection of information under 48 CFR chapter 9 is 1910_4100, except for the following: Reporting and Recordkeeping requirements for Make-or-Buy Plans (see 48 CFR (DEAR) 970.5204–76) OMB number 1910–5102; Reporting and

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901.301-70 Other issuances related to

acquisition. In addition to the FAR and DEAR, there are other issuances which deal with acquisition. Among these are the Federal Property Management Regulations, the DOE Property Management Regulations, and DOE Directives.

Subpart 901.6—Contracting Authority and Responsibilities

902.200 Definitions clause.

As prescribed by FAR Subpart 2.2, insert the clause at FAR 52.202–1, Definitions, but modify it to limit the definition, at paragraph (a) of the clause, to encompass only the Secretary, Deputy Secretary, or Under Secretary of the Department of Energy and the Chairman, Federal Energy Regulatory Commission. The contracting officer shall also add a paragraph (d) (or (c) in case Alternate I is used), which defines “DOE” as meaning the United States Department of Energy and “FERC” as meaning the Federal Energy Regulatory Commission.

(50 FR 12183, Mar. 27, 1985)

901.601 General.

(a) Contracting authority vests in the Secretary of Energy. The Secretary has delegated this authority to the Procurement Executive. The Procurement Executive has redelegated this authority to the Heads of Contracting Activities (HCA). These delegations are formal written delegations containing dollar limitations and conditions. Each HCA in turn makes formal contracting officer appointments within the contracting activity.

(b) The Procurement Executive has been authorized, without power of redelegation, to perform the functions set forth at 48 CFR 1.601(b) regarding the assignment of contracting functions and responsibilities to another agency, and the creation of joint or combined offices with another agency to exercise acquisition functions and responsibilities. [61 FR 41704, Aug. 9, 1996, as amended at 62 FR 53756, Oct. 16, 1997]

PART 903-IMPROPER BUSINESS

PRACTICES AND PERSONAL CONFLICTS OF INTEREST

Subpart 903.1-Safeguards

Sec. 903.101 Standards of conduct. 903.101–3 Agency regulations. 903.104–3 Definitions. 903.104-10 Violations or possible violations

(DOE coverage-paragraph (a)).

Subpart 903.2-Contractor Gratuities to

Government Personnel

903.203 Reporting suspected violations of

the Gratuities clause. 903.204 Treatment of violations.

Subpart 903.3-Reports of Suspected

Antitrust Violations

901.602–3 Ratification of unauthorized

commitments. (DOE coverage

paragraph (b)) (b) (2) The Procurement Executive is authorized to ratify an unauthorized commitment.

(3) The ratification authority of the Procurement Executive in paragraph (b)(2) of this section is delegated to the Head of the Contracting Activity (HCA) for individual unauthorized com

903.303 Reporting suspected antitrust viola

tions.

Subpart 903.4—Contingent Fees

903.408–1 Responsibilities.

Subpart 903.5-Other Improper Business

Practices

903.502 Subcontractor kickbacks.

Subpart 903.6—Contracts With Govem

ment Employees or Organizations

Owned or Controlled by Them 903.603 Responsibilities of the contracting

officer. AUTHORITY: 42 U.S.C. 7254; 40 U.S.C. 486(c).

SOURCE: 49 FR 11940, Mar. 28, 1984, unless otherwise noted.

Subpart 903.1-Safeguards

903.101 Standards of conduct.

903.104-10 Violations or possible viola

tions (DOE coverage-paragraph

(a)). (a) Except for Headquarters activities, the individual within DOE responsible for fulfilling the requirements of 48 CFR 3.104-10(a) (1) and (2) relative to contracting officer conclusions on the impact of a violation or possible violation of subsections 27 (a), (b), (c) or (d) of the Office of Federal Procurement Policy Act shall be the legal counsel assigned direct responsibility for providing legal advice to the contracting office making the award or selecting the source. The legal counsel is the Chief Counsel for the Operations Offices or the Federal Energy Technology Center; the Counsel, or the Chief Counsel, for the Support Offices or the Naval Reactors Offices; and the General Counsel for the Power Administrations. For Headquarters activities, the individual designated to perform the responsibilities in 48 CFR 3.104-10(a) (1) and (2) regarding questions of disclosure of proprietary or source selection information is the Assistant General Counsel for Procurement and Financial Assistance. The designated individual for other questions regarding 48 CFR 3.104-10(a) (1) and (2) for Headquarters activities is the Agency Ethics Official (Designated Agency Ethics Official).

903.101-3 Agency regulations.

Detailed rules applicable to the conduct of DOE employees are set forth in 10 CFR part 1010. (49 FR 11940, Mar. 28, 1984, as amended at 60 FR 47307, Sept. 12, 1995)

(62 FR 53756, Oct. 16, 1997]

Subpart 903.2-Contractor Gratu

ities to Government Personnel

903.1043 Definitions.

As used in this section and for the purposes of the post-employment restrictions at 48 CFR (FAR) 3.104-4(d)

Deputy program manager means the individual within DOE who normally acts as the program manager in the absence of the program manager, and does not mean an individual who occasionally acts for the program manager or the deputy program manager.

Program manager means the individual within DOE who:

(1) Exercises authority on a day-today basis to manage an acquisition program

(i) For a system attained through the acquisition process; and

(ii) With one or more contracts, at least one of which has a value exceeding $10,000,000; and

(2) Is generally the person at the lowest organizational level who has authority to make technical and budgetary decisions on behalf of DOE.

System means a combination of elements that function together to produce the capabilities required to fulfill a mission need, including, but not limited to hardware, equipment, software, or any combination thereof. [63 FR 56851, Oct. 23, 1998]

903.203 Reporting suspected violations

of the Gratuities clause. (a) Suspected violations of the Gratuities clause shall be reported to the Head of the Contracting Activity (HCA) in writing detailing the circumstances. The HCA will evaluate the report and, if the report appears to substantiate the allegations, the matter will be referred to the Procurement Executive for disposition.

(49 FR 11940, Mar. 28, 1984, as amended at 59 FR 9104, Feb. 25, 1994)

903.204 Treatment of violations.

Apparent violations will be processed in accordance with the debarment and suspension rules set forth at Title 10,

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