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904.7103 Solicitation provision and

contract clause. (a) Any solicitation, including those under simplified acquisition procedures, for a contract under the national security program which will quire acess to proscribed information shall include the provision at 48 CFR 952.204-73 with its Alternate I.

(b) Any contract, including those awarded under simplified acquisition procedures, under the national security program which require access to proscribed information to enable performance, shall include the clause at 952.204–74.

e

[58 FR 59684, Nov. 10, 1993, as amended at 61 FR 21976, May 13, 1996; 62 FR 42074, Aug. 5, 1997)

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PART 906—COMPETITION

REQUIREMENTS

Subpart 906.1-Full and Open Competition

Sec. 906.102 Use of competitive procedures.

Subpart 906.2–Full and Open Competition

Alter Exclusion of Sources

906.202 Establishing or maintaining alter

native sources.

Subpart 906.3—Other Than Full

and Open Competition 906.304 Approval of the justification.

(c) Class justifications within the delegated authority of a Head of the Contracting Activity may be approved for:

(1) Contracts for electric power or energy, gas (natural or manufactured), water, or other utility services when such services are available from only one source;

(2) Contracts under the authority cited in FAR 6.302-4 or 6.302–5; or

(3) Contracts for educational services from nonprofit institutions. Class justifications for classes of actions that may exceed $10,000,000 require the approval of the Procurement Executive.

Subpart 906.3—Other Than Full and Open

Competition

906.304 Approval of the justification.

Subpart 906.5—Competition Advocates 906.501 Requirement.

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

SOURCE: 50 FR 12183, Mar. 27, 1985, unless otherwise noted.

Subpart 906.5-Competition

Advocates

Subpart 906.1-Full and Open

Competition 906.102 Use of competitive procedures.

(d) Other competitive procedures.

(1) Professional architect-engineer services shall be negotiated in accordance with subpart 936.6 and FAR Subpart 36.6.

906.501 Requirement.

The Secretary of Energy has delegated the authority for appointment of the agency and contracting activity competition advocates to the Procurement Executive. The Procurement Executive has delegated authority to the Head of the Contracting Activity to appoint contracting activity competition

advocates. Procedural guidance is provided in internal DOE Directives.

PART 907-ACQUISITION

PLANNING

Subpart 907.3—Contractor Versus

Government Performance

Sec.
907.307 Appeals.

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

SOURCE: 49 FR 11944, Mar. 28, 1984, unless otherwise noted.

908.7101–6 Acquisition of fuel-efficient vehi

cles. 908.7101-7 Government license tags. 908.7102 Aircraft. 908.7103 Office machines. 908.7104 Office furniture and furnishings. 908.7105 Filing cabinets. 908.7106 Security cabinets. 908.7107 Alcohol. 908.7108 Helium. 908.7109 Fuels and packaged petroleum

products. 908.7110 Coal. 908.7111 Arms and ammunition. 908.7112 Materials handling equipment re

placement standards. 908.7113 Calibration services. 908.7114 Wiretapping and eavesdropping

equipment. 908.7115 Forms. 908.7116 Electronic data processing tape. 908.7117 Tabulating machine cards. 908.7118 Rental of post office boxes. 908.7119_908.7120 [Reserved] 908.7121 Special materials.

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

SOURCE: 49 FR 11945, Mar. 28, 1984, unless otherwise noted.

Subpart 907.3—Contractor Versus

Government Performance

907.307 Appeals.

An appeal of a decision to convert to contract or to continue in-house performance may be made by an affected party. Appeals shall be made in writing, be based only on specific alleged material deviation (or deviations), from OMB Circular A-76, and be supported by appropriate documentation. Appeals must be delivered within 15 working days of the announced decision, to the contracting officer. The contracting officer shall process any such appeal in accordance with internal Departmental procedures.

PART 908-REQUIRED SOURCES OF

SUPPLIES AND SERVICES

Subpart 908.8-Acquisition of

Printing and Related Supplies 908.802 Policy. (DOE coverage-para

graph (b)) (b) Inclusion of printing requirements (limited exceptions are set forth in paragraphs 35–2 through 35 4 of the Government Printing and Binding Regulations) in contracts for supplies and services is prohibited unless specifically approved by the Director, Office of Administrative Services, Headquarters. Contracting officers shall insert the clause at 48 CFR 952.208–70. [61 FR 41705, Aug. 9, 1996)

Subpart 908.8–Acquisition of Printing and

Related Supplies

Sec. 908.802 Policy.

Subpart 908.11-Leasing of Motor Vehicles 908.1102 Presolicitation requirements. 908.1104 Contract clauses. 908.1170 Leasing of fuel-efficient vehicles.

Subpart 908.11-Leasing of Motor

Vehicles

Subpart 908.71-Acquisition of Special

Items

SOURCE: 61 FR 41705, Aug. 9, 1996, unless otherwise noted.

908.7100 Scope of subpart. 908.7101 Motor vehicles. 908.7101–1 Scope of section. 908.7101–2 Consolidated acquisition of new

vehicles by General Services Administra

tion. 908.7101_3 Direct acquisition. 908.71014 Replacement of motor vehicles. 908.7101-5 Used vehicles.

908.1102 Presolicitation requirements.

(DOE coverage-paragraph (a)) (a)(4) Commercial vehicle lease sources may be used only when the General Services Administration (GSA) has advised that it cannot furnish the vehicle(s) through the Interagency

Motor Pool System and it has been determined that the vehicle(s) are not available through the GSA Consolidated Leasing Program.

908.1104 Contract clauses. (DOE cov.

erage paragraph (e)) (e) The clause at 48 CFR 952.208–7, Tagging of Leased Vehicles, shall be inserted whenever a vehicle(s) is to be leased over 60 days, except for those vehicles exempted by (FPMR) 41 CFR 101– 38.6.

DOE-PMR 41 CFR 109–25.304, 109_38.13, and 109–38.51.

(b) Orders for all motor vehicles shall be submitted on GSA Form 1781, Motor Vehicle Requisition-Delivery OrderInvoice, in accordance with FPMR 41 CFR 101–26.501. Requisitions for sedans, station wagons, and certain light trucks as specified by GSA, should contain a certification that the acquisition is in conformance with Pub. L. 94 163, and Executive Order 12003 and 12375 and subsequent implementations.

(c) The schedule of dates for submission of orders is contained in FPMR 41 CFR 101–26.501-4. The Heads of Contracting Activities shall consolidate and submit their requirements for passenger automobiles early in the fiscal year. Requisitions for sedans, station wagons and certain types of light trucks shall be submitted through Headquarters as outlined in 908.7101-6. Requisitions for all other types of vehicles shall be submitted directly to GSA.

908.1170 Leasing of fuel-efficient vehi.

cles. (a) All sedans and station wagons and certain types of light trucks, as specified by GSA, that are acquired by lease for 60 continuous days or more for official use by DOE or its authorized contractors, are subject to the requirements of the Energy Policy and Conservation Act of 1975 (EPCA), Public Law 94-163 and of Executive Order 12003 and subsequent implementing regulations.

(b) Leased vehicles will meet the miles-per-gallon criteria of, and be incorporated in, the approved plan of the fiscal year in which leases are initiated, reviewed, extended, or increased in scope. Vehicle leases will specify the vehicle model type to be provided.

(49 FR 11945, M 28, 1984; 49 FR 38949, Oct. 2, 1984, as amended at 59 FR 9104, Feb. 25, 1994]

Subpart 908.71-Acquisition of

Special Items

908.7100 Scope of subpart.

This subpart sets forth requirements and procedures for the acquisition of special items by DOE and contractors authorized to use special sources of supply to the extent indicated herein.

908.7101-3 Direct acquisition.

Vehicles may be acquired by DOE activities directly rather than through GSA when a waiver has been granted by GSA. A copy of the activity's request to GSA for a waiver shall be forwarded to the Director, Office of Property Management, within the Headquarters procurement organization. In those cases involving general purpose vehicles where GSA refuses to grant a waiver and where it is believed that acquisition through GSA would adversely affect or otherwise impair the program, authority for direct acquisition shall be obtained from the above-mentioned Headquarters official, prior to acquisition. In the acquisition of special purpose vehicles for use by DOE and its authorized contractors, the Head of the Contracting Activity may authorize direct purchases. The purchase price for sedans and station wagons, shall not exceed any statutory limitation in effect at the time the acquisition is

908.7101 Motor vehicles.

908.7101–1 Scope of section.

Acquisitions by purchase of motor vehicles shall be in accordance with this section.

908.7101-2 Consolidated acquisition of

new vehicles by General Services

Administration. (a) New vehicles shall be procured in accordance with FPMR 41 CFR 101– 25.304, 101–26.501, and 101–38.13, and

made. (See DOE-PMR 41 CFR 109 38.5102-4).

(49 FR 11945, Mar. 28, 1984; 49 FR 38950, Oct. 2, 1984, as amended at 59 FR 9104, Feb. 25, 1994]

908.71014 Replacement of motor vehi.

cles. (a) The replacement of motor vehicles shall be in accordance with the replacement standards prescribed in FPMR 41 CFR 101–38.9 and DOE-PMR 41 CFR 109–38.9.

(b) The Heads of Contracting Activities may arrange to sell, as exchange sales, used motor vehicles being replaced and to apply the proceeds to the purchase of similar new vehicles. However, in the event personnel are not available to make such sales, or it is in the best interest of the DOE office, GSA may be requested to sell the used vehicles.

cordingly, the Director of Administration and the Heads of Contracting Activities will submit annually to the Director, Office of Property Management, within the Headquarters procurement organization, for approval, a forecast of plans for the purchase of such vehicles during the fiscal year. Such forecast shall be submitted so as to arrive at Headquarters on or before December 1 of each year. Additionally, the original and 2 copies of requisitions (GSA form 1781) for purchase of such vehicles shall also be forwarded to the above official for review and certification/approval prior to submission to GSA. All such documentation will be reviewed by this official and a determination made as to conformance with applicable annual forecasts and pertinent public laws and their implementations. (See DOE-PMR 41 CFR 109–38.13.)

(b) Sedans, station wagons, and light trucks requisitioned according to an approved forecast, but not contracted for by GSA until the subsequent fiscal year, will be included in the acquisition plan for the miles-per-gallon criteria of the year in which GSA signs the purchase contract along with the new vehicles planned for acquisition that year. [49 FR 11945, Mar. 28, 1984; 49 FR 38950, Oct. 2, 1984, as amended at 59 FR 9104, Feb. 25, 1994]

[49 FR 11945, Mar. 28, 1984, as amended at 59 FR 9104, Feb. 25, 1994]

908.7101-5 Used vehicles.

Normally, DOE does not purchase or authorize contractors to purchase used vehicles. However, the Heads of Contracting Activities may authorize the purchase of used vehicles where justified by special circumstances; e.g., when new vehicles are in short supply, the vehicles are to be used for experimental or test purposes, or the vehicles are acquired from exchange sale. In accordance with DOE-PMR 41 CFR 109 38.5102, the statutory passenger vehicle allocation requirements for DOE shall apply to any purchase of used vehicles except in the case of vehicles to be used exclusively for experimental or test purposes. (49 FR 11945, Mar. 28, 1984; 49 FR 38950, Oct. 2, 1984, as amended at 59 FR 9104, Feb. 25, 1994]

908.7101-7 Government License tags.

(a) Government license tags shall be procured and assignments recorded by DOE offices in accordance with FPMR 41 CFR 101–38.303.

(b) The letter “E” has been designated as the prefix symbol for all DOE official license tags. Assignments of specific “blocks” of tag numbers and the maintenance of tag assignment records, are performed by the Director, Office of Property Management, within the Headquarters procurement organization. Assignments of additional “blocks" of tag numbers will be made upon receipt of written requests from field offices.

(c) Special license tags for security purposes shall be purchased in accordance with state and local laws, regulations, and procedures.

(d) In the District of Columbia, official Government tags shall be obtained

908.7101-6 Acquisition of fuel-efficient

vehicles. (a) All purchases of sedans and station wagons, and certain types of light trucks as specified by GSA, are subject to the requirements of the Energy Policy and Conservation Act of 1975 (EPCA), Pub. L. 94-163, and of Executive Orders 12003 and 12375 and subsequent implementing regulations. Ac

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