Subpart 9-51.2 Other Approval Requirements

§9-51.201 Other approval requirements.

Nothing in this Part 9-51 shall be construed as precluding the establishment of additional requirements by Headquarters or Heads of Procuring Activities with respect to contracts or subcontracts under their jurisdiction.

Subpart 9-51.3 Contract and Subcontract Review Requirements

$9-51.300 Scope of subpart.

This subpart sets forth the administrative requirement for independent review of proposed contracts and subcontracts by DOE.

$9-51.301 Applicability.

Prime contracts and subcontracts under cost-reimbursement type contracts shall be reviewed in conformance with this subpart, based on dollar thresholds to be established by Heads of Procuring Activities. Such reviews shall be made prior to award in all cases.

§9-51.302 Responsibilities.

Each Head of the Procuring Activity shall establish procedures, in accordance with this subpart, providing for an independent review of proposed contract and subcontract actions and to review termination settlements.

§9-51.303 Assignment of review functions.

Responsibility for independent review of contract and subcontract actions shall be assigned to a contract review board established under §9–51.303–1, or such independent review shall be accomplished under the alternate review procedures set forth in §9-51.303-2.

§9-51.303-1 Contract review boards.

(a) Organization. Each contract review board shall consist of not less than three members with broad business and contracting experience. A majority of representatives on each board shall be permanent board members. Other members may be drawn from panels of designated persons as may be appropriate for cases under consideration. To the extent practicable, no person shall serve as a member of a contract review board in reviewing a contract action in which he has participated, or a contractor selection, unless such action is subject to approval under $9-51.102, or the Head of the Procuring Activity shall determine that participation in the review of the particular contract provides continuity of experience or is otherwise in the best interest of the Government. The chairman of each board shall be designated by the Head of the Procuring Activity concerned and each board shall be furnished with such staff assistance as may be requested by the board and approved by the Head of the Procuring Activity. Contract review boards may be assigned additional functions at the discretion of Heads of Procuring Activities, provided such functions are related to procurement and are not inconsistent with the board's responsibility as set forth in this subpart.

(b) Purpose of review. In negotiated procurements, the primary function of contract review is to provide an independent review and analysis of contract and subcontract actions for the purpose of determining whether the negotiations (1) were competently conducted, (2) were based on adequate information, (3) were in conformance with established policies and procedures, and (4) resulted in a contract or subcontract with a responsible contractor and that adequately protects the interests of the Government, including the reasonableness of the fixed fee (if any) in cost-type procurements, the reasonableness of price in fixed-price type contracts or subcontracts including the reasonableness of intermediate or final repricing with comparison of the proposed price with the independent Government cost estimate, if applicable. With respect to awards resulting from formal advertising, review will include such matters as determining the responsibility of the contractor; the reasonableness of the price of the proposed award, including comparison with the independent Government cost estimate, if applicable; the adequacy of competition, the advisability of rejecting all bids and readvertising or negotiating; and, in the case of a proposed award to other than the low bidder, whether such action is in the best interest of the Government.

(c) Method and extent of review. When a review is required by this Part 9-51 or for termi nation settlements, the Contracting Officer (or the contractor in case of subcontracts) shall sub mit a statement justifying the proposed action with such detailed information as may be required for an adequate review. Procedures for the submission of such statements shall be issued by each procuring activity. Contract review boards shall determine the overall reasonableness o proposed actions from the standpoint of protecting the interests of the Government. Such boards may vary the scope and extent of reviews according to the size and complexity of indi vidual cases and other relevant factors.

(d) Results of review. Contract review boards shall document the scope and extent of the review and submit written recommendations to Heads of Procuring Activities (or to such other approving officials as may be appropriate) on each proposed contract or subcontract action reviewed. In the event the approving official departs from the recommendation of the review board, the basis for such action shall be appropriately documented in the files.

§9-51.303-2 Alternate review procedures.

Where it is impracticable to establish a contract review board, or where additional procedures are appropriate to supplement a contract review board, the following procedures shall be followed:

(a) Contracts and subcontracts to be entered into as a result of formal advertising and subcontracts which meet the criteria established in §9-50.302, may be reviewed by such alternate procedures as may be prescribed by Heads of Procuring Activities.

(b) Contracts and subcontracts other than those covered in paragraph (a) may be reviewed by such alternate procedures as may be prescribed by Heads of Procuring Activities, provided: (1) In the judgment of the Heads of Procuring Activities concerned, supplemental procedures are necessary, or it is impracticable to establish a contract review board;

(2) The alternate procedures assure an adequate independent review of contract and subcontract actions; and

(3) The following principles are observed in establishing the alternate procedures:

(i) Contract or subcontract actions requiring review under a field office (or area office with respect to contract and subcontract actions within the approval authority of an area manager, in those instances where area managers have been delegated contracting or approval authority in excess of the independent review threshold established by the Head of the Procuring Activity) to the fullest extent practicable shall be reviewed by the same reviewers, regardless of the nature of the work under the individual contracts, in order to assure continuity of experience and uniformity of treatment.

(ii) Reviewers shall have a broad background of business and contracting experience in private industry or Government.

(iii) Advice in specialized fields such as engineering, law, and accounting shall be readily available to the reviewers.

(iv) Reviewers shall not negotiate or assist in the negotiation of any contract or subcontract, including contractor selection, except when the contract or subcontract shall be subject to approval under §9-51.102, or where the approving authority shall determine that the reviewer's participation provides continuity of experience or is otherwise in the best interest of the Government.

(c) The requirement of §9–51.303–1 (b), (c), and (d), with respect to contract review boards shall be met.

Subpart 9-51.4 Contracts or Subcontracts Requiring Advance

$9-51.400 Scope of subpart.

Notice

Notice of intent to enter into contracts or subcontracts within the categories set forth below shall be required as indicated therein. These requirements are not established for approval purposes but are for information only.

§9-51.401 Contracts let under long-term contract authority.

Heads of Procuring Activities shall advise the Controller, with a copy to the Senior Procurement Official, Headquarters, of any intent to utilize the long-term contract authority provided by subsection U, section 161 of the Atomic Energy Act of 1954, as amended by Public Law 85-681 (72 Stat. 633). Such advance notice should be provided at an early stage of planning on any such proposed contract action.

Subpart 9-51.5 Clearance of Forms for Collection of Information

§9-51.500 Scope of subpart.

This subpart sets forth requirements for the clearance of forms for collection of information with the Office of Management and Budget.

§9-51.501 Actions requiring clearance.

In accordance with the Federal Reports Act of 1942 (44 U.S.C. 3501 et seq.) and Office of Management and Budget Circular A-40, as revised, forms and reports under contracts and subcontracts which will result in the collection of information on identical items at the request of or for DOE by the contractor or subcontractor from 10 or more respondents (other than Federal employees), require clearance from the Assistant Director of the Office of Management and Budget in advance of the adaption or use of such forms or reports.

§9-51.502 Procedure for obtaining clearance, extension of clearance, or exemption.

Requests for clearance of forms or reports or material revision or changes in previously approved forms or reports, or extension of clearance beyond scheduled expiration date, or exemption from Clearance shall be submitted to the Senior Procurement Official, Headquarters, for coordination with and transmittal by the Controller to the Assistant Director of the Office of Management and Budget. Such requests shall be in the form and contain all of the pertinent information required by paragraphs 4, 5, 6, and 7 of OMB Circular A-40.