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Subpart 9-16.8 Miscellaneous Forms

$9-16.804 Report on procurement.

$9-16.804-1 General.

The DOE Senior Procurement Official, Headquarters, is responsible for submitting the reports required of DOE by FPR 1-16.804.

$9-16.804-4 Small Business/Labor Surplus Set-Aside Review.

(a) Responsibilities and Authorities

(1) Director, Small and Disadvantaged Business Utilization Office shall screen/endorse all procurement requests originating from Headquarters organizations for feasibility of Small Business/Disadvantaged Business/Labor Surplus Area (SB/DB/LSA) procurement action above $10,000.

(2) Senior Program Officials, Heads of Field Organizations or their designees shall initiate the Small Business/Labor Surplus Set-Aside Review Form, DOE Form PR-415, (see sample form contained herein) with all procurement requests in accordance with the DOE Procurement Regulations, except as follows:

(i) All procurements $10,000 or below.

(ii) Basic research contracts with educational institutions.

(iii) Incremental funding, where there is no change in scope of work.

(iv) Unsolicited proposals.

(3) Heads of Procuring Activities shall require the Small Business/Disadvantaged Business Specialists to screen/endorse all procurement requests originating in field organizations. In the process of identifying potential sources, the Specialist shall utilize the Procurement Automated Source System (PASS) and maintain active SB/DB source lists and other SB/DB/LSA procurement history for procurement actions originating from field organizations.

(4) Contracting Officers shall:

(i) Review the recommendations/findings by procurement originators and SB/DB specialists and make determinations in accordance with FPR 1-1.706-1.

(ii) Upon award of contracts, return one copy of the fully completed Form 415 to the cognizant SB/DB specialist. In addition, when the award results from a small business set aside, furnish a copy of the abstract of bids received including thereon the address and telephone number of the bidder. In all other competitive actions, furnish the name, address and telephone number of the responding SB/DB firms that were in the competitive range.

(iii) Upon award of contracts, provide following additional data to the cognizant SB/ DB specialist for use in compiling bidder's lists:

(A) On all small business set-aside actions: a copy of abstract of bids received. The abstracts should contain the name and address of the bidder, and telephone number, if available. (B) On all other competitive actions: name, address, and telephone number of responding SB/DB firms that were in the competitive range.

(b) Requirements

(1) The procurement originators at the Headquarters activitites shall consult the Small/ Disadvantaged Business Specialist prior to or during the preparation of the procurement request and shall, in addition, review the DOE Form PR-415. Similarly, Small Business Procurement Specialists at the field procurement offices shall be consulted on locally originated procurement requests.

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(2) After the procurement request has been signed by the authorizing program official, the original and three (3) copies of the DOE Form PR-415 shall be submitted to the Small/ Disadvantaged Business Specialist.

(3) After review and endorsement of the findings and the PR-415 is signed and dated, the Small/Disadvantaged Business Specialist shall make the procurement documents available to the cognizant Small Business Administration Procurement Center Representative, if any, for his review, and transmit the original and one (1) copy of the review form with attachments as necessary to the cognizant Procurement Office/Contracting Officer.

(4) If the Contracting Officer does not agree with the Small/Disadvantaged Business Specialist's findings the Contracting Officer shall notify the Small/Disadvantaged Business Specialist and promptly suspend procurement activity until a resolution of the disagreement is reached. Resolution of disagreement shall be made in accordance with FPR 1-1.706-2.

$9-16.850 Procurement request form (Reserved).

$9-16.851 DOE Certificate of Appointment

See example next page.

40-108 - 79 - 22

§9-16.851 Certificate of Appointment

U.S. DEPARTMENT OF ENERGY

DEPARTME

ENERGY

CERTIFICATE OF APPOINTMENT

PURSUANT TO AUTHORITY VESTED IN THE UNDERSIGNED AND IN
ACCORDANCE WITH SUBPART 1-1.4 OF THE FEDERAL PROCOREMENT
REGULATIONS AND PUBLIC LAW 95-91 (DEPARTMENT OF ENERGY
ORGANIZATION ACT)

IS HEREBY APPOINTED

CONTRACTING OFFICER

FOR THE

UNITED STATES OF AMERICA

FOR

SUBJECT TO THE LIMITATIONS CONTAINED WITHIN THE ABOVE--CITED
DOCUMENTS AND THE LIMITATIONS SET FORTH IN THE PROCURING ACTIV-
ITY DIRECTIVE IDENTIFIED BELOW (WHICH IS AVAILABLE UPON REQUEST)

UNLESS SOONER TERMINATED THIS APPOINTMENT IS EFFECTIVE AS LONG
AS THE APPOINTEE NAMED HEREIN IS ASSIGNED TO THE FOLLOWING
POSITION OR ORGANIZATION:

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Subpart 9-16.50 Contract Outlines

$9-16.5000 Scope of subpart.

This subpart contains outlines for certain categories of agreements and contracts.

$9-16.5001 Applicability.

The contract outlines set forth herein are applicable to procurements within the scope of the various categories covered by the outlines.

$9-16.5002 Contract outlines.

The outlines in this section provide a format, text, and arrangement for a ready source of reference. The outlines are suggested as models. As such, they may be modified locally to meet the circumstances of a particular procurement without being subject to §9-16.051. §9-16.5002-1 Special research contracts (SRC) with educational institutions.

Contract No.

This contract is effective as of the

19_______, between the United States of

America (hereinafter referred to as the "Government''), acting through the U. S Department of Energy (hereinafter referred to as the "DOE"), and

(hereinafter

referred to as the “Contractor'').

Recitals

DOE wishes to have the Contractor perform certain research. This contract states the terms and conditions under which the Contractor agrees to perform the work.

This contract is authorized by the Department of Energy Organization Act of 1977 and other applicable law.

Agreement

Now therefore, the parties hereto agree as follows:

Article I

The Research To Be Performed

(a) The Contractor shall furnish personnel, facilities, equipment, materials, supplies, and services, except such as are furnished by the Government, necessary for the performance of the research provided for in Appendix A and shall perform the research and report thereon pursuant to the provisions of this contract. It is understood that Appendix A, a guide to the performance of this contract, may be deviated from by the Contractor subject to the specific requirements of this contract.

(b) This work shall be conducted under the direction of Contractor's staff as may be mutually satisfactory to the parties.

or such other member of the

NOTE A. The description of the research in Appendix A may be omitted and Appendix A appropriately modified to incorporate, by pertinent references to the proposal or other documents, the type of data necessary to describe the research as called for by Appendix A; and where there is no cost sharing, other features may be referenced in lieu of insertion in Appendix A. In such cases, the referenced material will be retained as part of the permanent contract file.

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