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Subpart 9-1.54 General Policy for the Avoidance of

Organizational Conflicts of Interest

9-1.5401 9-1.5402 9-1.5403 9-1.5404 9-1.5405 9-1.5406 9-1.5407

Purpose.
Scope and applicability.
Reserved.
Qualification and evaluation criteria, waiver.
Definitions.
General Policy.
Guides applicable prior to selection of contractor

and execution of contract.
Protection and private use of information

and data by contractors.

9-1.5408

Subpart 9-1.0 Regulation System

$9-1.001 Scope.

This subpart sets forth introductory information pertaining to the Energy Research and Development Administration Procurement Regulations, hereinafter referred to as the ERDA-PRs, explains their purpose, authority under which they are issued, their relationship to the FPR system, applicability, method of issuance, exclusions, arrangement, and deviation procedure.

$9-1.002 Purpose.

(a) This subpart establishes Chapter 9, Energy Research and Development Administration Procurement Regulations (ERDA-PR), implementing and supplementing the Federal Procurement Regulations (FPR), and states its relationship to the FPR.

(b) Where the FPR coverage is sufficient to ERDA needs, no additional coverage will be provided in the ERDA-PR.

$9-1.003 Authority.

The ERDA-PR are issued by the ERDA senior procurement official, Headquarters, with appropriate concurrences from other officials (e.g., counsel, controller, and interested program personnel) under authority delegated by the Administrator in accordance with the authority of Section 105 of the Energy Reorganization Act of 1974 (P.L. 93-438), the Federal Property and Administrative Services Act of 1949, as amended, and other applicable law.

$9-1.004 Applicability.

These regulations apply to all purchases and contracts made by ERDA, within or outside the United States, for the procurement of property or services which obligate appropriated funds, unless otherwise specified herein. Requests for authority to deviate from the FPR and ERDA-PR shall comply with procedures set forth in $81-1.009 and 9-1.009.

$9-1.005 Exclusions

Certain ERDA policies and procedures which come within the scope of this Chapter 9 may be excluded from ERDA procurement regulations where there is appropriate justification, such as:

(a) Subject matter which bears a security classification.

90-1360- 77 - 2

(b) Matters dealing with Federal assistance programs where instruments other than procurement contracts will be awarded.

(c) Instructional or training material that explains more fully matters covered in the FPR and ERDA-PR.

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(a) ERDA-PRS implement and supplement the FPR. Implementing material is that which expands upon or indicates the manner of compliance with related FPR material. Absence of a corresponding part, subpart, section, etc., in the ERDA-PR indicates that the FPR material is applicable as written. Supplementing material is that for which there is no counterpart in the FPR.

(b) The effective date of FPR issuances throughout ERDA will be the date indicated in the respective issuances unless otherwise provided in the ERDA Procurement Regulations. FPR material will be repeated, paraphrased, or otherwise stated in the ERDA-PR only to the extent necessary to implement or to indicate deviation from the FPR. ERDA-PR material will be effective throughout ERDA on the date indicated in the respective issuances.

$9-1.006-2 Publication.

The ERDA Procurement Regulations appear in the Code of Federal Regulations as Chapter 9 of Title 41, Public Contracts and Property Management,

and

are published in the daily issues of the Federal Register, in cumulative form in the Code of Federal Regulations, and in separate looseleaf volume form.

$9-1.006-3 Copies.

Copies of the consolidated ERDA Procurement Regulations may be obtained from Division of Procurement, Rm. C-167, US ERDA, Washington, D.C. 20545.

$9-1.007 Arrangement.

$9-1.007-1 General plan.

The ERDA Procurement Regulations employ the same numbering system and nomenclature used in the FPR, and conform with Federal Register standards approved for the FPR.

$9-1.007-2 Numbering.

(a) Where the ERDA Procurement Regulations implement the FPR, the implementing part, subpart, section or subsection of the ERDA-PR will be numbered and captioned, to the extent possible, to correspond to the part, subpart, section, or subsection of the FPR.

(b) Where the ERDA-PR supplements the FPR, the numbers 50 and up will be assigned to the parts, subparts, or sections involved.

(c) Where the subject matter contained in a part, subpart, section, or subsection of the FPR requires no implementation, the ERDA-PR will contain no corresponding part, subpart, section, or subsection number and the subject matter as published in the FPR governs.

$9-1.008 Implementation.

(a) Procurement policies and procedures will be issued in the ERDA-PR by the senior procurement official, Headquarters, after appropriate concurrences from other officials (e.g., counsel, controller, and interested program personnel) when necessary to accomplish departmentwide procurement objectives.

(b) Policies and procedures which are necessary to implement and supplement the ERDA-PR within ERDA field or. Headquarters organizations may be issued by the head of the procuring activity. Heads of procuring activities will have the authority to establish the review and approval levels, for various procurement actions, within his own organization, up to the dollar authority level delegated to him by the head of the agency and/or the senior procurment official, Headquarters, providing the policies and procedures:

(1) are consistent with the policies and procedures contained in this regulation as implemented and supplemented from time to time;

(2) to the extent practicable, follow the format, arrangement, and numbering system of this regulation; and

(3) contain no material which duplicates, paraphrases, or is inconsistent with the contents of this regulation.

$9-1.009 Deviation.

$9-1.009-2 Procedure.

(b)(1) In individual cases, deviations from either the FPR or the ERDA-PR will be authorized only when essential to effect necessary

procurement or where special circumstances make such deviations clearly in the best interest of the Government. Such deviations will be approved by the head of the procuring activity, after coordination with counsel and such other ERDA personnel as required (e.g. Controller), with a copy to the senior procurement official, Headquarters. For deviations from policies and procedures or clauses involving patente, data, and copyrights, the concurrence of the Assistant General Counsel for Patents shall be obtained as provided in $9-9.107-4 (R).

(2) Requests for authority to deviate from the provisions of the FPR or the ERDA-PR shall be submitted as far in advance as the exigencies of the situation will permit. Each request for deviation shall contain the following:

(i) a statement of the deviation desired, including identification of the specific paragraph number(s) of the FPR or ERDA-PR;

(ii) the reason why the deviation is considered necessary or would be in the best interests of the Government;

(iii) if applicable, the name of the contractor and identification of the contract affected;

(iv) a statement as to whether the deviation has been requested previously and, if so, circumstances of the previous request;

(v)

a description of the intended effect of the deviation;

(vi) a statement of the period of time for which the deviation is needed; and

(vii) any pertinent background information which will contribute to a full understanding of the desired deviation.

(c) Where deviations from the FPR or ERDA-PR in classes of cases are considered necessary, requests for authority to deviate shall be submitted to the senior procurement official, Headquarters, who will, after appropriate concurrences from other officials (e.g., counsel, controller, and interested program personnel), consider the submission jointly with the General Services Administration (GSA) as appropriate, Class deviations to the FPR or the ERDA-PR involving patents, data, and copyrights shall be forwarded to the senior

procurement official, Headquarters, via the Assistant General Counsel for Patents. Where circumstances preclude obtaining prior concurrence of GSA as required, the senior procurement official, Headquarters, may authorize deviation and shall inform GSA of the deviation including the circumstances under which it was required.

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