Subpart 9-5.52 Procurement of Special Items

§9-5.5200 Scope of subpart.

This subpart sets forth requirements and procedures for the acquisition of special items by DOE and cost-type contractors to the extent indicated herein.

§9-5.5201 Motor vehicles.

§9-5.5201-1 Scope of section.

This section covers the acquisition of motor vehicles including new, used, forfeited, and abandoned vehicles for use by either DOE or cost-type contractors.

89-5.5201-2 Consolidated purchase of new vehicles by General Services Administration.

(a) Vehicles for use by DOE or DOE cost-type contractors. New vehicles for use by DOE and DOE cost-type contractors shall be procured in accordance with FPMR 101-25.113, 10125.304, 101-26.501, and 101-38.13, DOE-PMR 109-25.304, 109-38.13, and 109-38.51.

(b) Submission of purchase orders. Except as determined necessary for internal accounting needs or purchasing records, purchase orders should be placed using the GSA "Motor Vehicle Requisition Form" (GSA 1781) for vehicles covered by Federal Standards Nos. 122, 292 or 307. DOE Form 103 or contractor's purchase order forms should be used for vehicles not covered by these standards. Requisitions for sedans, station wagons, and certain light trucks, as specified by GSA, should contain a certification that the acquisition is in conformance with P.L. 94-163 and Executive Order 12003 and its subsequent implementations.

(c) Schedule of dates for submission of orders. The schedule of dates for submission of orders is in FPMR 101-26.501-4. Heads of Procuring Activities shall consolidate and submit their requirements for passenger automobiles early in the fiscal and automotive year. Requisitions for sedans, station wagons and certain types of light trucks shall be submitted through Headquarters as outlined in §9-5.5201-6. Requisitions for all other types of vehicles may be submitted directly to GSA.

(d) Replacement of used vehicles. Heads of Procuring Activities may arrange to sell, as exchange sales, used motor vehicles being replaced and to apply the proceeds on the purchase of similar new vehicles. However, in the event personnel are not available to make such sales, or it is in the best interest of a particular office, GSA may be requested to sell the used vehicles. See FPMR 101-38.9, and DOE-PMR 109-38.9.

89-5.5201-3 Direct purchase.

Vehicles may be procured by DOE activities directly rather than through GSA when a waiver has been granted by GSA. A copy of the activity's request to GSA for waiver shall be forwarded to the Chief, Property and Equipment Management Branch, Procurement and Contracts Management Directorate, Headquarters, for information. In those cases involving general purpose vehicles where the GSA refuses to grant a waiver and where it is believed that procurement through GSA would adversely affect or otherwise impair the program, authority for direct procurement shall be obtained from the above-mentioned Headquarters official, prior to procurement. In the procurement of special purpose trucks for use by DOE contractors, the Head of Procuring Activity may authorize direct purchases. The purchase price shall not exceed any statutory limitation in effect at the time the procurement is made. (See DOE-PMR 109-38.51.)

§9-5.5201-4 Used vehicles.

Normally DOE does not purchase or authorize cost-type contractors to purchase used vehicles. However, Heads of Procuring Activities may authorize the purchase of used vehicles where justified by special circumstances, e.g., when new vehicles are in short supply or the vehicles are to be used for experimental or test purposes or the vehicles are acquired from exchange sale. (The statutory passenger vehicle allocation requirements for DOE shall apply to any purchase of used vehicles except in the case of those to be used exclusively for experimental or test purposes.)

§9-5.5201-5 Forfeited or abandoned vehicles.

Vehicles which have been abandoned to, or seized by and forfeited to, the Government are available for transfer to Federal agencies by the Federal Supply Service, GSA, in accordance with the provisions of the Act of August 27, 1935 (40 U.S.C. sections 304f-304m). Whenever forfeited or abandoned vehicles are available for transfer to DOE, the Utilization and Disposal Service, Personal Property Division, Region 3, GSA, Washington, DC 20407, will notify the Senior Procurement Official, Headquarters, of such availability and allow DOE approximately 3 days to determine whether the vehicles can be utilized. Within that time, the Chief, Property and Equipment Management Branch, Headquarters, will make the necessary arrangements with GSA for the release of any required vehicles. (See FPMR 101–43.4.)

§9-5.5201-6 Acquisition of fuel-efficient vehicles.

All sedans and station wagons and certain types of light trucks, as specified by the GSA, that are acquired by purchase or lease (for 60 continuous days or more) for official use by DOE or DOE cost-type contractors, are subject to the requirements of the Energy Policy and Conservation Act of 1975 (EPCA), P.L. 94–163 and of Executive Order 12003 and subsequent implementing regulations. Accordingly, the Director of Administration and Heads of Procuring Activities will submit annually to the Chief, Property and Equipment Management Branch, Procurement and Contracts Management Directorate, HQ, for approval, a forecast of plans for the acquisition, purchase, or lease of such vehicles during the fiscal year. Such forecast shall be submitted so as to arrive at Headquarters on or before October 15 of each year. Additionally, the original and 2 copies of requisitions (GSA 1781) for the procurement of, and proposals/ requests to commercially lease, such vehicles shall also be forwarded to the Chief, Property Management Branch, HQ, for review and certification/approval prior to submission to GSA or execution of lease agreements. All such documentation will be reviewed by this official and a determination made as to conformance with applicable annual forecasts and pertinent public laws and their implementations. (See DOE-PMR 109-38.13.)

Sedans, station wagons and light trucks requisitioned according to an approved plan, but not contracted for by the GSA until the subsequent fiscal year, will be included in the acquisition plan for the higher miles-per-gallon criteria of the year in which the GSA signs the purchase contract along with the new vehicles planned for acquisition that year. Leased vehicles will meet the miles-per-gallon criteria of, and be incorporated in, the approved plan of the fiscal year in which leases are initiated, reviewed, extended or increased in scope. Vehicle leases will specify the vehicle model type to be provided.

$9-5.5202 Typewriters.

§9-5.5202-1 Scope of section.

This section covers the purchase, for use by either DOE or cost-type contractors, of (a) typewriters, whether to fill initial requirements or for replacement purposes, and (b) typewriter repair and reconditioning services.

§9-5.5202-2 Definition.

"Typewriters" are manually and electrically operated machines having standard or special keyboards, designed to produce printed characters by impression of type upon paper through the medium of an inked ribbon. The term includes the varityper, hektowriter, proportional spacer, flexowriter, justowriter, and portable typewriting machines but does not include bookkeeping, billing, or teletypewriting machines.

§9-5.5202-3 Replacement standards.

Typewriters shall be purchased for replacement purposes in accordance with FPMR 10125.403 and DOE-PMR 109-25.403.

§9-5.5202-4 Procedures and requirements for purchase, rental, repair, and maintenance.

Purchase orders for typewriters, whether for replacement or otherwise, and for rental, repair, or maintenance shall be prepared and transmitted to the approprite Federal Supply Schedule contractor. DOE Contracting Officers shall use Form DOE-103 for such purpose. When costtype contractors are authorized to make purchases under Federal Supply Schedules, Heads of Procuring Activities may authorize them to use their own purchase order forms properly identified according to FPR subpart 1-5.9.

$9-5.5202-5 Justifications.

(a) The justification which is required for DOE direct procurements of typewriters made at price other than the lowest delivered price available is set forth in FPMR 101-26.408-3.

(b) Electric typewriters. Electric typewriters for use by DOE and its cost-type contractors may be purchased only when the DOE standards are met.

(c) Regulations. The procurement of typewriters that will be used for printing shall comply with the approval requirements of the Joint Committee on Printing.

§9-5.5203 Printing equipment and services.

§9-5.5203-1 Regulations.

The Joint Committee on Printing, Congress of the United States, periodically publishes "Government Printing and Binding Regulations." These regulations and DOE Order 1340, "Printing and Related Activities," govern the acquisition, use, and disposal of printing. Inclusion of printing (limited exceptions are set forth in paragraphs 35-2 through 35-4 of the Government Printing and Binding Regulations) in contracts for supplies and services is prohibited unless specifically approved by the senior official in charge of administrative services, DOE Headquarters.

89-5.5204 Alcohol.

§9-5.5204-1 Scope of section.

This section covers (a) Bureau of Alcohol, Tobacco and Firearms, Treasury Department, alcohol regulations applicable to DOE, (b) delegations of authority to submit applications to purchase tax-free alcohol or specially denatured alcohol, and (c) purchases of alcohol by DOE or cost-type contractors. To the fullest extent practicable, alcohol for use by DOE or its costtype contractors shall be procured on a tax-free basis.

§9-5.5204-2 Regulations.

Bureau of Alcohol, Tobacco and Firearms regulations relating to the procurement and use of alcohol free of tax, by Government agencies, are set forth in 26 CFR 213.141-213.146. Copies of excerpts from these regulations may be secured from the Bureau of Alcohol, Tobacco and

Firearms, Washington, DC 20226. These regulations shall be followed in the procurement of alcohol.

§9-5.5204-3 Application forms and permits.

ATF Form 1486, "Specially Denatured Spirits for Use of United States," and ATF Form 1444, "Tax Free Spirits for Use of United States," shall be used for procurements of specially denatured alcohol and ethyl alcohol, respectively. Part I of each form is the application for permission to procure and Part II is the permit. If procurement from more than one warehouse is desirable, separate applications must be made for withdrawals from each warehouse. When permits are no longer required, they should be forwarded to the Bureau of Alcohol, Tobacco and Firearms for cancellation. Alcohol procured by use of the ATF forms referred to in this subsection shall be used exclusively on DOE work.

§9-5.5204-4 Authority to sign applications.

Specific DOE personnel have been authorized to execute Part I of Forms 1444 and 1486 by letters to the Director, Bureau of Alcohol, Tobacco and Firearms without power of redelegation. Copies of such letters have been furnished to field offices. In addition, the Senior Procurement Official, Headquarters, has been authorized to sign and delegate to others, authority to sign applications under Bureau of Alcohol, Tobacco and Firearms regulations relating to the procurement and use of alcohol free of tax. Only the individuals so authorized shall execute Part I of these forms. Requests by field offices for new authorizations or discontinuance of existing authorizations shall be submitted by letter to the Senior Procurement Official, Headquarters. Requests for new authorizations shall be accompanied in each case by a 3X5 card with the following information typed thereon:

whose signature

appears below, is authorized to sign application Forms 1444

and 1486, on behalf of DOE.

(Signature)

(Title)

$9-5.5204-5 Filing applications.

Applications shall be executed in duplicate by the authorized DOE official and mailed directly to the Director, Bureau of Alcohol, Tobacco and Firearms, Washington, DC 20226. No transmittal letter is required. Where alcohol or specifically denatured alcohol is for use directly by DOE, the form shall indicate that shipment shall be made to the DOE in care of the cost-type

contractor.

§9-5.5204-6 Forms and authorized plants.

Annually, the Bureau of Alcohol, Tobacco and Firearms publishes printed lists of Distilled Spirits Plants, Bonded Warehouses and Denaturing Plants Authorized to Operate. Copies of these lists and supplies of Forms 1444 and 1486 may be secured by written request to the Director, Bureau of Alcohol, Tobacco and Firearms, Washington, DC 20226.

§9-5.5204-7 Placing the order.

A signed copy of the permit shall accompany the original purchase order issued to the plant or warehouse, where it will be retained. Subsequent orders shall refer to the permit on file in the plant or warehouse. Order Form DOE-103 shall be issued by DOE for cost-type contractors' requirements, except as provided in §9-5.5204-9.

§9-5.5204-8 Notice of shipment.

When alcohol is shipped, the shipper prepares the required forms as specified by Bureau of Alcohol, Tobacco and Firearms regulations and forwards them to the consignee. Upon receipt of the receiving report covering the shipment, the officer who signed the purchase order shall execute the certificate of receipt and forward it to the appropriate Regional Director, Bureau of Alcohol, Tobacco and Firearms. The carrier transporting the alcohol shall also be given a receipt as specified by Bureau of Alcohol, Tobacco and Firearms regulations.

§9-5.5204–9 Orders placed by cost-type contractors.

(a) Specially denatured alcohol. Heads of Procuring Activities may authorize cost-type contractors to apply for permits to purchase specially denatured alcohol, subject to restrictions of the Bureau of Alcohol, Tobacco and Firearms as to end use. In order to qualify, cost-type contractors must be bonded, must submit reports, and are subject to inspection by the Bureau of Alcohol, Tobacco and Firearms.

(b) Tax-free alcohol. Under Bureau of Alcohol, Tobacco and Firearms regulations, costtype contractors performing scientific or research work or operating hospitals are permitted to procure alcohol tax-free. These regulations require bonding under certain circumstances, submission of reports, and inspection by the Bureau of Alcohol, Tobacco and Firearms.

(c) DOE versus cost-type contractor alcohol procurement. Purchase may be made by either DOE or cost-type contractor, whichever is in the best interest of the Government, taking into consideration administrative costs and any other pertinent factors that may be applicable to individual situations. On purchases for recurring requirements, one of the factors to consider is that for purchases by DOE, the bonding, reporting, and inspection requirements do not apply. §9-5.5204-10 Abandoned and forfeited alcohol.

Abandoned and forfeited alcohol which has come into the custody or control of any Federal agency may be obtained by following the procedure set forth in FPMR 101-43.4.

§9-5.5205 Helium.

§9-5.5205-1 Scope of section.

This section covers acquisition of helium for use by either DOE or cost-type contractors. $9-5.5205-2 Basic source of supply.

The Helium Act (Public Law 86-777, as amended (50 U.S.C. 167(d)) provides that, to the extent that supplies are readily available, whether in gaseous or liquid form, the DOE shall purchase all major requirements of helium from the Secretary of the Interior either directly or from suppliers who have purchased or will purchase an equivalent amount of Bureau of Mines helium in accordance with 30 CFR, Part 2.

89-5.5205-3 Methods of purchase.

(a) Purchases may be made from the Secretary of the Interior for either DOE or cost-type contractors' requirements for helium by forwarding a purchase order in duplicate (Form DOE103 or the cost-type contractor's purchase order properly identified in accordance with the Use of Government Sources of Supply) to: Bureau of Mines, Helium Operations, Box H 4372,