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nets in accordance with FPMR 41 CFR 101–26.407 and FAR 51.

[49 FR 11945, Mar. 28, 1984; 49 FR 38950, Oct. 2, 1984)

908.7107 Alcohol.

(a) This section covers (1) Bureau of Alcohol, Tobacco and Firearms, (ATF), Treasury Department, alcohol regulations applicable to DOE, (2) delegations of authority to submit applications to purchase tax-free alcohol or specially denatured alcohol, and (3) purchases of alcohol by DOE or authorized contractors. To the fullest extent practicable, alcohol for use by DOE or its cost-type contractors shall be procured on a taxfree basis.

(b) ATF regulations relating to the acquisition and use of alcohol free of tax, by Government agencies, are set forth in 26 CFR 213.141-213.146. Copies of excerpts from these regulations may be secured from the Bureau of Alcohol, Tobacco and Firearms, Department of Treasury, Washington, DC 20226. These regulations shall be followed in the acquisition of alcohol.

(c) ATF Form 1444/1486, “Tax Free Spirits or Specially Denatured Spirits for Use of United States,” shall be used for acquisitions of specially denatured alcohol and ethyl alcohol. Section I of the form is the application for permission to acquire and Section II is the permit. If acquisition from more than one warehouse is desirable, separate applications must be made for withdrawal from each warehouse. When permits no longer required, they should be forwarded to the Bureau of Alcohol, Tobacco and Firearms for cancellation. Alcohol procured by use of the ATF form referred to in this subsection shall be used exclusively on DOE work.

(d) The Procurement Executive has been authorized to sign and delegate to others authority to sign applications under Bureau of Alcohol, Tobacco and Firearms regulations relating to the acquisition and use of alcohol free of tax. Specific DOE personnel have been delegated authority to execute Part I of Form 1444/1486 by letters to the Director, Bureau of Alcohol, Tobacco and Firearms without power of redelegation. Copies of such letters have been

are

from the Department of Transportation, Motor Vehicles Services Branch, District of Columbia, for all motor vehicles (except vehicles exempt for security purposes) based or housed in the District.

(e) See DOE-PMR 41 CFR 109_38.3 and 109–38.6 for additional guidance.

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

908.7102 Aircraft.

Acquisition of aircraft shall be in accordance with DOE-PMR 41 CFR 109 38.5205.

908.7103 Office machines.

Acquisitions of office machines by DOE offices and its authorized contractors shall be in accordance with FPMR 41 CFR 101–25.104, 101–25.302, 101–25.302– 3, 101–25.302–4, and 101–25.302–6, and 10125.403, and DOE-PMR 41 CFR 109–25.302, 109–25.302–3, and 109–25.4.

908.7104 Office furniture and fur

nishings. Acquisitions of office furniture and furnishings by DOE offices shall be in accordance with FPMR 41 CFR 10125.104, 101–25.302, 101–25.302–1, 101–25.302– 5, 101–25.302–7, and 101–25.302–8, 10125.404 and 101–26.505, and DOE-PMR 41 CFR 109–25.302, 109–25.302-1, and 109– 25.350.

908.7105 Filing cabinets.

Acquisitions of filing cabinets shall be in accordance with FPMR 41 CFR 101–26.308 and 101–25.302–2 and DOEPMR 41 CFR 109–25.302–2.

[49 FR 11945, Mar. 28, 1984; 49 FR 38950, Oct. 2, 1984)

908.7106 Security cabinets.

(a) Acquisitions of security cabinets shall be in accordance with FPMR 41 CFR 101–26.507 and the "prerequisites to ordering" criteria contained in FPMR 41 CFR 101–25.302–2 and DOEPMR 41 CFR 109–25.302–2.

(b) Fixed-price prime contractors and lower tier subcontractors may use GSA acquisition sources for security cabi

control of a Federal agency may be obtained by following the procedure set forth in FPMR 41 CFR 101-48.1 [49 FR 11945, Mar. 28, 1984, as amended at 59 FR 9105, Feb. 25, 1994]

furnished to field offices. Only the individuals so authorized shall execute Section I of these forms. Requests by field offices for new authorizations or changes to existing authorizations shall be submitted by letter to the Procurement Executive.

(e) Applications on the ATF Form 1444/1486 shall be executed in duplicate by an authorized DOE official and mailed directly to the address on the application. Only one permit will be provided to each field organization. Due to the numerous locations managed by field operations offices, the exact shipping address need not be shown in block 3 of the form. Shipments, however, must be addressed to the “Department of Energy at various locations within the United States”. The ATF will assign the application a permit number and return it to the requestor. Distribution of certified copies shall be controlled and each holder of a certified copy recorded.

(f) Annually, the Bureau of Alcohol, Tobacco and Firearms publishes printed lists of Distilled Spirits Plants, Bonded Warehouses and Denaturing Plants Authorized to Operate. Copies of these lists and supplies of Form 1444) 1486 may be secured by written request to the Director, Bureau of Alcohol, Tobacco and Firearms, Special Operations Branch, Washington, DC 20226.

(g) A signed copy of the permit shall accompany the original purchase order issued to the plant or warehouse, where it shall be retained or returned with the shipment. Subsequent orders shall refer to the permit on file in the plant or warehouse if it was retained.

(h) When alcohol is shipped, the shipper prepares the required form as specified by Bureau of Alcohol, Tobacco and Firearms regulations and forwards them to the consignee. Upon receipt of the receiving report covering the shipment, the officer who signed the purchase order shall execute the certificate of receipt and forward it to the appropriate Regional Director, Bureau of Alcohol, Tobacco and Firearms. The carrier transporting the alcohol shall also be given a receipt as specified by Bureau of Alcohol, Tobacco and Firearms regulations.

(i) Abandoned and forfeited alcohol which has come into the custody or

908.7108 Helium.

(a) Acquisitions of helium by DOE and its authorized contractors shall be in accordance with this section.

(b) The Helium Act (Pub. L. 86–777, as amended (50 U.S.C. 167(d) provides that, to the extent that supplies are readily available, whether in gaseous or liquid form, DOE shall purchase all major requirements of helium from the Secretary of Interior, Bureau of Mines, or from the Bureau of Mines distribution contractors eligible to sell Bureau of Mines helium to Federal agencies and their users in accordance with 30 CFR part 602.

(c)(1) Purchases may be made directly from the Bureau of Mines by forwarding a purchase order in duplicate to: Bureau of Mines, Division of Helium Operations, 1100 South Fillmore Street, Amarillo, Texas 79101.

(2) Purchases may be made from those commercial firms listed in the Bureau of Mines as eligible to sell helium to Federal users.

(i) The purchase document shall contain the following statement: “Helium furnished under this contract shall be Bureau of Mines Helium."

(ii) A copy of each acquisition document shall be furnished to the address in paragraph (c)(1) of this section. [49 FR 11945, Mar. 28, 1984, as amended at 59 FR 9105, Feb. 25, 1994]

908.7109 Fuels and packaged petro

leum products. Acquisitions of fuel and packaged petroleum products by DOE offices shall be in accordance with FPMR 41 CFR 101-26.602. When contractors are authorized, consistent with 951, to acquire such products from Defense sources, they shall do so in accordance with FPMR 41 CFR 101-26.602.

908.7110 Coal.

DOE offices and authorized contractors may participate in the Defense Fuel Supply Center (DFSC) coal contracting program for carload or larger

190-192 D-01--10

lots. If participation is desired, estimates shall be submitted to DFSC in accordance with FPMR 41 CFR 10126.602.

calibration services on behalf of DOE shall be sent to the Bureau of Standards, Attention: “Administrative Services Division.”

[blocks in formation]

908.7111 Arms and ammunition.

Pursuant to 10 U.S.C. 4655, the Secretary of the Army is authorized to furnish arms, suitable accouterments for use therewith, and ammunition for the protection of public money and property.

(a) The Department of the Army has granted clearance for Federal agencies to procure, without further reference to or clearance from that Department, all arms and ammunition of types which are not peculiar to the military services, and which are readily procurable in the civilian market.

(b) Acquisition of arms and ammunition readily procurable in the civilian market shall be made in accordance with regular acquisition procedures.

(c) Acquisition of arms and ammunition which are peculiar to the military services shall be made by submission of order form to the Commanding General, Headquarters, U.S. Army Material Development and Readiness Command, 5001 Eisenhower Avenue, Alexandria, VA 22333. [49 FR 11945, Mar. 28, 1984, as amended at 49 FR 38950, Oct. 2, 1984)

908.7115 Forms.

(a) DOE forms shall be obtained by DOE offices in accordance with DOE Order 1322.2, (See current version.). Cost-type contractors shall obtain DOE forms through the DOE contracting officer.

(b) Standard, optional, and certain other agency forms as listed in the GSA Supply Catalog will be obtained by DOE offices in accordance with FPMR 41 CFR 101–26.302.

(c) Marginally punched continuous forms shall be obtained in accordance with FPMR 41 CFR 101-26.703.

[49 FR 11945, Mar. 28, 1984, as amended at 59 FR 9105, Feb. 25, 1994]

908.7112 Materials handling equip

ment replacement standards. Materials handling equipment shall be purchased for replacement purposes in accordance with the standards in FPMR 41 CFR 101–25.405 and DOE-PMR 41 CFR 109–25.4. The Heads of Contracting Activities are authorized to replace an item earlier than the date specified in such standards under unusual circumstances. A written justification shall be placed in the purchase file.

908.7116 Electronic data processing

tape. (a) Acquisitions of electronic data processing tape by DOE offices shall be in accordance with FPMR 41 CFR 10126.508.

(b) Acquisitions of electronic data processing tape by authorized contractors shall be in accordance with FPMR 41 CFR 101–26.508–1. However, if adequate justification exists, the Heads of Contracting Activities may authorize contractors to obtain their tape from other sources. When such an authorization is granted, a copy of the authorization and justification shall be retained in the contract file. (49 FR 11945, Mar. 28, 1984, as amended at 59 FR 9105, Feb. 25, 1994]

(49 FR 11945, Mar. 28, 1984, as amended at 59 FR 9105, Feb. 25, 1994]

908.7117 Tabulating machine cards.

DOE offices shall acquire tabulating machine cards in accordance with FPMR 41 CFR 101–26.509.

908.7113 Calibration services.

Orders for calibration services may be placed with the National Bureau of Standards, Washington, DC 20234, by either DOE acquisition offices or its authorized contractors. Copies of the letters authorizing contractors to order

908.7118 Rental of post office boxes.

DOE offices and authorized contractors may rent post office boxes on an

PART 909-CONTRACTOR

QUALIFICATIONS

annual basis, or for shorter periods by quarters, where necessary. Payments for annual rentals are to be made in advance at the beginning of the fiscal year, and for periods of less than a year, either in advance for the whole period or at the beginning of each quarter in which the box is to be used.

Subpart 909.1- Responsible Prospective

Contractors

Sec. 909.104-1 General Standards. 909.104 3 Application of standards.

908.7119–908.7120 [Reserved]

Subpart 909.4—Debarment, Suspension,

and Ineligibility

909.400 Scope of subpart. 909.401 Applicability. 909.403 Definitions. 909.405 Effect of listing. 909.406 Debarment. 909.406–2 Causes for debarment. 909.406–3 Procedures. 909.406-6 Requests for reconsideration of de

barment. 909.407–2 Causes for suspension. 909.407-3 Procedures.

Subpart 909.5-Organizational and

Consultant Conflicts of Interest

909.503 Waiver. 909.504 Contracting Officer's Responsibility. 909.507 Solicitation provisions and contract

clause. 909.507–1 Solicitation provisions. 909.507–2 Contract Clause.

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

908.7121 Special materials.

This section covers the purchase of materials peculiar to the DOE program. While purchases of these materials are unclassified, the specific quantities, destination or use may be classified. See appropriate sections of the Classification Guide. Contracting activities shall require authorized contractors to obtain the special materials identified in the following subsections in accordance with the procedures stated therein.

(a) Heavy water. The Senior Program Official or designee controls the acquisition and production of heavy water for a given program. Request for orders shall be placed directly with the cognizant Senior Program Official or designee.

(b) Precious metals. The DOE Oak Ridge Operations Office is responsible for maintaining the DOE supply of precious metals. These metals are platinum, palladiumiridium, osmium, rhodium, ruthenium, gold and silver. The DOE Oak Ridge Operations Office has assigned management of these metals to Martin Marietta Energy Systems, Inc., MS8207, P.O. Box 2009, Oak Ridge, TN 37831. DOE offices and authorized contractors shall coordinate with the operating contractor regarding the availability of the above metals prior to the purchase of these metals on the open market.

(c) Lithium. Lithium is available at no cost other than normal packing, handling, and shipping charges from Oak Ridge. The excess quantities at Oak Ridge are to be considered as the first source of supply prior to procurement of lithium compounds from any other source. (54 FR 27646, June 30, 1989, as amended at 59 FR 9105, Feb. 25, 1994; 62 FR 2312, Jan. 16,

SOURCE: 49 FR 11949, Mar. 28, 1984, unless otherwise noted.

Subpart 909.1- Responsible

Prospective Contractors

909.104-1 General Standards.

(h) For solicitations for contract work subject to the provisions of 10 CFR part 707, Workplace Substance Abuse Programs at DOE sites, the prospective contractor must agree, in accordance with 48 CFR 970.5204–57, Agreement Regarding Workplace Substance Abuse Programs at DOE Sites, to provide the contracting officer with its written workplace substance abuse program in order to be determined responsible and, thus, eligible to receive the contract award.

[57 FR 32675, July 22, 1992, as amended at 62 FR 42074, Aug. 5, 1997]

1997)

909.104_3 Application of standards. Nonprocurement debarment and sus

(DOE coverage-paragraph (e)) pension rules are codified in 10 CFR (e) DOE may select an entity which part 1036. was newly created to perform the prospective contract, including, but not

909.403 Definitions. limited to, a joint venture or other In addition to the definitions set similarly binding corporate partner- forth at FAR 9.403, the following definiship. In such instances when making tions apply to this subpart: the determination of responsibility

Debarring Official. The DOE Debarpursuant to 48 CFR 9.103, the con

ring Official is the Deputy Assistant tracting officer may evaluate the fi

Secretary for Procurement and Assistnancial resources of other entities only to the extent that those entities are le

ance Management, or designee. gally bound, jointly and severally if

DOE means the Department of Enmore than one, by means of a perform

ergy, including the Federal Energy ance guarantee or other equivalent en

Regulatory Commission. forceable commitment to supply the Suspending Official. The DOE Susnecessary resources to the prospective pending Official is the Deputy Assistcontractor and to assume all contrac- ant Secretary for Procurement and Astual obligations of the prospective con- sistance Management, or designee. tractor. The guaranteeing corporate entity(ies) must be found to have suffi

909.405 Effect of listing. (DOE covcient resources in order to satisfy its erage paragraph (e), (f), (g) and guarantee.

(b)) (64 FR 16651, Apr. 6, 1999]

(e) The Department of Energy may

not solicit offers from, award contracts Subpart 909.4-Debarment,

to or consent to subcontract with conSuspension, and Ineligibility

tractors debarred, suspended or proposed for debarment unless the Deputy

Assistant Secretary for Procurement SOURCE: 61 FR 39857, July 31, 1996, unless otherwise noted.

and Assistance Management makes a

written determination justifying that 909.400 Scope of subpart.

there is a compelling reason for such This subpart

action in accordance with FAR 9.405(a). (a) Prescribes policies and procedures

(f) DOE may disapprove or not congoverning the debarment and suspen- sent to the selection (by a contractor) sion of organizations and individuals

of an individual to serve as a principal from participating in Department of investigator, as a project manager, in a Energy (DOE) contracts, procurement position of responsibility for the adsales contracts, and real property pur

ministration of Federal funds, or in anchase agreements, and from partici- other key personnel position, if the inpating in DOE approved subcontracts dividual is on the GSA List. and subagreements.

(g) DOE shall not conduct business (b) Sets forth the causes, procedures, with an agent or representative of a and requirements for determining the contractor if the agent's or representascope, duration, and effect of DOE de

tive's name appears on the GSA List. barment and suspension actions; and

(h) DOE shall review the GSA List (c) Implements and supplements FAR

before conducting a preaward survey or subpart 9.4 with respect to the exclu

soliciting proposals, awarding consion of organizations and individuals from procurement contracting and

tracts, renewing or otherwise extendGovernment approved subcontracting.

ing the duration of existing contracts,

or approving or consenting to the 909.401 Applicability.

award, extension, or renewal of subThe provisions of this subpart apply

contracts. to all procurement debarment and sus

[61 FR 39857, July 31, 1996; 61 FR 41684, Aug. pension actions initiated by DOE on or 9, 1996] after the effective date of this subpart.

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