security duties and responsibilities to board members or special executive level committees; or any other actions to negate or reduce FOCI to acceptable levels. The plan of action may vary with the type of foreign interest involved, degree of ownership, and information involved so that each plan must be negotiated on a case by case basis. If the offeror/bidder or contractor and the DOE cannot negotiate a plan of action that isolates the offeror/ bidder or contractor from FOCI satisfactory to the DOE, then the offeror/ bidder shall not be considered for contract award and affected existing con

tracts with a contractor shall be terminated.

904.7005 Solicitation provision and contract clause.

(a) The contracting officer shall insert the representation at 952.204-73, Foreign Ownership, Control, or Influence Over Contractor, in all solicitations for contracts subject to 904.7001.

(b) The contracting officer shall insert the clause at 952.204-74, Foreign Ownership, Control, or Influence Over Contractor, in new contracts and contract modifications to existing contracts subject to 904.7001.

PART 905-PUBLICIZING CONTRACT ACTIONS

Subpart 905.2-Synopses of Proposed Contract Actions

Sec.

905.205 Special situations.

Subpart 905.3-Synopses of Contract Awards

905.303 Announcement of contract awards.

Subpart 905.4-Release of Information 905.403 Requests from Members of Congress. 905.403-70 Required notices of award. 905.404-1 Release procedures.

Subpart 905.5-Paid Advertisements

905.502 Authority.

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

Subpart 905.2-Synopses of
Proposed Contract Actions

905.205 Special situations.

(a) Research and development (R&D) advance notices. If, as a result of an R&D Sources-Sought Synopsis, a subsequent synopsis is issued, the latter synopsis shall contain information regarding the earlier synopsis, and identify the special qualifications, expertise, experience, or facilities deemed necessary to perform the work satisfactorily. The purpose of this added notice is to alert potential sources that their proposal preparation effort as well as the Government evaluation effort will be unnecessarily expended if they do not possess these special qualifications.

[49 FR 11943, Mar. 28, 1984; 50 FR 12183, Mar. 27, 1985]

[50 FR 12183, Mar. 27, 1985]

Subpart 905.4-Release of
Information

905.403 Requests from Members of Congress.

(a) Individual requests. In addition to having access to the information available to the general public, Members of Congress shall, upon their request, be given full and detailed information regarding any particular Departmental acquisition. The information provided shall be fully responsive to the member's request unless such a response would disclose classified matter, information not to be released pursuant to law, business confidential information or information which would be prejudicial to the competitive process. The contracting officer shall promptly consult with appropriate specialists such as security analysts or legal counsel and the Office of Congressional and Intergovernmental Affairs to deterwhether circumstances exist which will allow the release of additional information. In such instances, the Congressional requestor shall be provided an interim reply furnishing the information which is readily releasable. The interim reply shall set forth the reasons which preclude release of any requested material and describe generally what steps, if any, are being taken to make such information available.

mine

[49 FR 11943, Mar. 28, 1984, as amended at 50 FR 12183, Mar. 27, 1985; 58 FR 32307, June 9, 1993]

905.403-70 Required notices of award.

The Office of Congressional and Intergovernmental Affairs, Headquarters, is responsible for advising Members of Congress regarding Departmental activities likely to have an impact on their constituents. To facilitate this advice, contracting officers shall notify the Office of Congressional and Intergovernmental Affairs regarding pending awards for significant new starts or modifications significantly expanding the previous scope of a con

tract. The transmittal of such notices to the Office of Congressional and Intergovernmental Affairs shall be as

follows:

(a) Notice of awards of $500,000 or greater, but less than $1,000,000 shall be forwarded 48 hours prior to the time of contract execution.

(b) Notice of source selection for a contemplated award of $1,000,000 or greater shall be forwarded 48 hours prior to the public announcement of the source selection. Such notices need not be duplicated at time of award.

(c) Notice of awards of $50,000 or greater, under Special Research Contracts as described at 917.71, shall be forwarded 48 hours prior to the time of contract execution.

[50 FR 12183, Mar. 27, 1985, as amended at 58 FR 32307, June 9, 1993]

905.404-1 Release procedures.

(a) Application. Offices contemplating the release of long range acquisition planning estimates shall coordinate with the Office of Procurement Support, Procurement and Assistance Management Directorate, Headquarters, in advance of the release of such planning estimates.

[49 FR 11943, Mar. 28, 1984]

Subpart 905.5-Paid Advertisements

905.502 Authority.

(a) Newspapers. When it is deemed necessary to use paid advertisements in newspapers and trade journals, written authority for such publication shall be obtained from the Head of the Contracting Activity or designee.

(49 FR 11943, Mar. 28, 1984]

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 After Exclusion of Sources

(a) Authority. (1) The Atomic Energy Act of 1954, as amended, provides in section 162 that the President may, in advance, exempt any specific action of the Department of Energy in a particular matter carried out under the authority of the Atomic Energy Act of 1954, as amended, from the provisions of law relating to contracts whenever it is determined that such action is essential in the interest of common defense and security.

(2) Pursuant to the Federal Property and Administrative Services Act (40 U.S.C. 474(13)), nothing in the Federal Property and Administrative Services Act, as amended, shall impair or affect any authority or programs authorized under the Atomic Energy Act of 1954, as amended.

906.303 Justifications.

906.303-1 Requirements.

(a) In accordance with FAR 6.303-1 each justification shall set forth enough facts and circumstances to clearly and convincingly establish that full and open competition would not have been feasible or practicable. A justification for noncompetitive acquisition exceeding $1,000,000, or such lower dollar amount as counsel may determine, shall be submitted by the initiator to Counsel, at the Headquarters or field location of the initiator, for concurrence prior to forwarding to the contracting officer. Procedural guidance is provided in internal DOE Directives. For small purchases the justification for other than full and open competition should be in accordance with small purchase procedures.

[50 FR 12183, Mar. 27, 1985, as amended at 58 FR 36365, July 7, 1993]

906.303-70 Exemption.

The provisions of FAR 6.303-1 do not apply to Special Research Contracts

Subpart 907.1-Acquisition Plans

907.102 Policy.

Acquisition plans are required as an element of project management plans which are required for major system acquisitions and major projects. The 5700 Series of DOE Directives establish the project management system which controls the planning and administration of major projects. This project management system calls for the preparation of project management plans which have as an annex the advance acquisition plan. Acquisition plans will be developed for other acquisitions when the potential benefit justifies their development.

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.

Subpart 907.4-Equipment Lease or Purchase

907.401 Acquisition considerations.

(c) The factors in FAR 7.401 (a) and (b), the guidelines prescribed in FPMR 101-25.5 and 907.402-70 of this chapter for making purchase or lease determinations shall be applied to the acquisition of all types of equipment. These factors and guidelines shall be used in making purchase versus lease determinations at time of original acquisition, when lease renewals are being considered, or at other times as circumstances warrant.

(d) Contracting officers shall assure the use of applicable purchase versus lease factors and guidelines in all ac

quisition and supply operations under their jurisdiction.

(e) Excess lists shall be consulted prior to leasing equipment in both original and renewal leasing actions. Also, leased equipment shall be offered for utilization by other DOE offices and DOE contractors prior to release whenever an accumulated credit toward purchase of the equipment will be lost.

(f) Unavailability of funds is not adequate justification for a decision to lease when purchase is indicated by a purchase versus lease comparison to be the more economical course of action. In such circumstances, it it essential that every effort be made to follow the purchase course of action. This is true both with respect to those studies made at the time leases are renewed or when other circumstancs warrant. 907.402-70 Purchase versus lease comparison.

(a) A comparative cost analysis of the alternative methods of acquisition (i.e., purchase, lease, or lease with option to purchase or any other legally acceptable method) shall be performed to determine which method shall proIvide the Government with the lowest overall cost (price and other factors considered), over the life of the equipment. The method chosen shall be that which offers the greatest advantage to the Government under the circumstances which pertain to each situation.

(b) Responsibilities of acquisition officials, head of program offices, and controller and finance divisions are as follows:

(1) Acquisition officials: (i) Contracting officers shall assure the use of applicable purchase versus lease guidelines in all acquisition and supply operations under their jurisdiction.

(ii) Maintain all purchase versus lease analyses and studies, and other pertinent data used to support administrative actions taken.

(2) Heads of Program Offices: Prepare comparative cost analyses for alternative methods of equipment acquisition and submit to the contracting offi

cer.

(3) Controller and Finance Divisions: Provide financial policy guidance and