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$9-4.1005-3 Architect-engineer's price proposal.

The contracting officer shall request the selected architectengineer firm to submit its price proposal with supporting cost or pricing data in accordance with FPR 1-3.807-3 and 1-3.807-4. Revisions of the price and supporting cost or pricing data may be made as required during negotiations to reflect changes in or clarification of the scope of the work to be performed by the architect-engineer or findings derived from preaward audits conducted pursuant to FPR 1-3.809.

$9-4.1005-4 Contract price.

The contracting officer shall negotiate a price considered fair and reasonable based on a comparative study of the independent Government estimate and the architect-engineer's proposal. Significant differences between elements of the two figures and between the overall figures shall be discussed and the contracting officer shall ascertain the reasons therefor.

$9-4.1005-5 Record of negotiation.

Promptly at the conclusion of each negotiation, a memorandum setting forth the principal elements of the negotations shall be prepared in accordance with the requirements of FPR 1-3.811, for use by the reviewing authorities and for inclusion in the contract file. The memorandum shall contain sufficient detail to reflect the signficant considerations controlling the establishment of the price and other terms of the contract.

$9-4.1005-6 Exemption from limitations on fee

for architect-engineer services.

ERDA has exempted itself from the 6 percent statutory limitation upon the fees (Price) of architect-engineers. See $9-3.405-5(b).

$9-4.1006 Limitation on contracting work with architect

engineer firms for construction work.

See FPR 1-4.1006 and ERDA-PR 9-1.5407(g).

89-4.1007 Small business.

See FPR 1-4.1007

Subpart 9-4.11 Procurement and Contracting for Government-wide

Automated Data Processing Equipment, Software,
Maintenance Services, and Supplies.

$9-4.1100 Scope.

This subpart implements and supplements FPR 1-4.100.

$9-4.1103 Procurement authority.

(a) A11 ERDA procurement requests which are required to be submitted to GSA should be sent, in quadruplicate, to the Senior procurement official, Headquarters, or designee who will then transmit two copies to GSA.

(b) All solicitation documents which are required to be submitted to GSA should be sent, in quadruplicate, to the senior procurement official, Headquarters.

(c) Contract documents which are required to be submitted to GSA should be sent, in triplicate, to the senior procurement official, Headquarters.

$9-4.1103-4 Automatic data processing fund.

The provisions of ERDA-PR 9-5.55, Purchase or Lease Determinations, shall be complied with prior to the submission of an inquiry to GSA concerning the possible use of the automatic data processing fund. The Office of the Controller will make the determination that funds are not readily available within the agency.

(a) The senior procurement official, Headquarters, after consultation with the Office of the Controller and other appropriate Headquarters offices, shall ask the GSA for its determination after (1) the procuring office has complied with the provisions of ERDA-PR 95.55 and the cognizant senior program official, Headquarters, approves the need for the equipment but determines that it cannot provide the necessary funds; and (2) the Office of the Controller has determined that the procuring office has complied with the internal directives dealing with data processing equipment matters in the areas of the Controller's responsibilities and that funds are not available within ERDA.

(b) Where GSA makes the determination that the ADP fund will be used, the senior procurement official, Headquarters, after consultation with the Office of the Controller and other appropriate Headquarters offices, will negotiate the necessary arrangements with GSA

concerning such matters as the reimbursement of the fund and the lease of the equipment from GSA.

Subpart 9-4.50 Multiple Awards

Phased Procurements

$9-4.5000 Scope of subpart.

Some projects lend themselves to the use of multiple phase parallel contracts. The basic decision in regard to the use of multiple awards for phased procurements will be made by the program office based on technical, schedule, and cost considerations. In the first phase, more than one contractor may undertake the design portion. For the second and succeeding phases one or more may then be selected to fabricate components, construct, and operate a demonstration plant, etc. Because there is an important source selection decision to be made at the end of Phase 1, explicit source evaluation and selection procedures are necessary.

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Where multiple awards for phased procurements are contemplated, requests for proposals (RFP8) should provide that:

(a) The negotiated contract will cover Phase I with an option, giving the Government the right to extend or not to extend these contracts into additional phases of the project.

(b) The evaluation criteria to be used in deciding whether to proceed beyond Phase I will be provided in the RFP or at least 90 days prior to the completion date established for Phase I.

(c) A comprehensive report covering Phase I and a proposal for the remaining phases shall be submitted by each contractor for use in the evaluation and selection process at the completion of Phase I. The report should comment on the technical, schedule, and cost aspects of the Phase I work, specifically addressing the evaluation criteria. The proposal should cover the technical, schedule, and cost aspects of the remaining phases of the project as cequired by the contract.

(d)

Contractors completing the first phase will be subject to an evaluation and selection process fo the purpose of selecting which contractor(s) will be authorized by the contracting officer to proceed with additional phases.

$9-4.5002 Evaluation.

(a) The contracting officer or other source selection official as appropriate, shall establish an evaluation team after the selection

has been made for Phase I. The evaluation team shall consist of a chairman from the program office and generally not more than five members representing the program office, procurement function, and other ERDA programmatic or functional areas. Counsel will also be included.

(b) The evaluation team will use the evaluation criteria which were furnished to the contractors. The purpose of the evaluation process is to assure impartial, equitable, comprehensive, and timely review and evaluation of those contractors completing Phase I work. The selection process would assure a competitive selection of one or more organizations, which offer the best possibility for performance, cost and other factors considered. It is contemplated that the initial phase of multi-phase parallel contracts awarded under these procedures will be performed in the same time frame so that a single competitive evaluation and selection can be accomplished at one point in time. Accordingly, the contracts should be synchronized through acceleration or deceleration of Phase I performance, as the case may be, to achieve simultaneous completion of the Phase I activities by all firms under consideration. A thorough and detailed evaluation shall be completed so as to provide the basis on which the best selection can be made.

Subpart 9-4.51 Special Research Support Agreements

With Educational Institutions

$9-4.5100 Scope of subpart

This subpart sets forth policies and procedures applicable to the negotiation and administration of Headquarters-designated special research support agreements (SRSA's) for basic research with educational or other not-for-profit institutions. To the extent applicable, these policies and procedures should also be followed for Headquartersdesignated agreements for applied research with educational institutions and for educational and training activities with educational or other not-for-profit institutions. The policy of reimbursing only ERDA's share of actual costs up to a ceiling should be reflected in all agreements with educational institutions, The procedures in this subpart regarding acceptance of unsolicited proposals from educational institutions and the use of the special research support agreement may be used only when the annual ERDA support does not exceed $500,000. If the annual ERDA support exceeds $500,000, an appropriate type of contract will be used in accordance with FPR 1-3.4 with clauses as prescribed in FPR 1-7 and ERDA-PR 9-7.

$9-4.5101 Definitions.

(a) "Headquarters-designated contract" means a special research support agreement which results from an authorization to a field

office from a Headquarters office to enter into or continue such an agreement on the basis of an approved research proposal.

(b) "Contractor" means the educational or not-for-profit research organization which enters into an agreement with ERDA for the performance of specified research.

(c) "Research proposal" means a request by an institution for support of a research project, together with a detailed description of the project and its relationship to ERDA's program, and detailed information as to background and experience of principal investigators, facilities, and environment of the institution, and cost and costsharing arrangements, if any.

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The ERDA, by statute, is permitted to participate in research programs that

are related to atomic and other forms of energy.

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(a) Under Section 31 and 31a of the Atomic Energy Act of 1954, as amended, ERDA is directed to exercise its powers in such manner as to insure the continued conduct of research and training activities and to assist in the acquisition of an ever-expanding fund of theoretical and practical knowledge in the following fields:

(1) Nuclear processes;

(2) The theory and production of atomic energy, including processes, material, and devices related to such production.

(3) Utilization of special nuclear material and radioactive material for medical, biological, agricultural, health, or military purposes;

(4) Utilization of special nuclear materials, radioactive material, and processes entailed in the utilization or production of atomic energy

such material for all other purposes, including industrial and commercial uses, the generation of usable energy and the demonstration of advances in the commercial or industrial application of atomic energy.

or

(5) The protection of health and the promotion of safety during research and production activities.

(6) The preservation and enhancement of a viable environment by developing more efficient methods to meet the nation's energy needs.

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