PART 9-50 OPERATING AND ON-SITE

SERVICE CONTRACTS

$9-50.000 Scope of part.

This part sets forth policies and procedures peculiar to contracts for operation of Government-owned or controlled plants, laboratories and other facilities and contracts for furnishing services on those Government-owned or controlled sites. It also sets forth policies and procedures peculiar to procurements placed by those operating and on-site service contractors and other designated contractors.

$9-50.001 Definitions.

(a) For the purposes of this part, and unless otherwise indicated, the following terms have these meanings:

(1) Operating contracts are contracts:

(i) For the management of Government-owned laboratories, production plants, and research facilities located on Government-owned or leased sites, where the programs being conducted are considered of a long-term, continuing nature; or

(ii) For the operation of Government-owned facilities located on contractor-owned or leased sites where the programs being conducted are of a long-term, continuing nature. An example of this category would be those contracts with universities for the operation of Government-owned laboratories and facilities, located on university-owned sites, for the purpose of conducting long-term basic research programs.

(iii) Other contracts performed on Government-owned sites, designated by the Senior Procurement Official, Headquarters, or the Head of the Procuring Activity, to be subject to the provisions of this part. Implementation of §9-50.704-13 through -16 will be subject to the procedures in §9-1.009-2.

(2) On-site service contracts are those cost-reimbursement type contracts for the performance of services of a continuing nature for DOE at Government-owned sites. (These generally would not include support service contracts such as those for management support services, technical evaluation, etc.)

(3) Single purpose contracts for the operation of process developmental units, pilot plants, and demonstration plants where the purpose is to demonstrate the viability of processes toward the goal of commercialization are not considered to be included, unless designated operating contracts in accordance with (iii) above for the purpose of this section.

$9-50.100 Scope of subpart.

Subpart 9-50.1 General

This subpart includes policies and procedures, which apply specifically to operating and onsite service contracts.

§9-50.101 Mandatory use of Federal specifications. (FPR 1-1.305-1)

The paper specification standards published by the Joint Committee on Printing for the purchase of paper to be used on Government-owned printing, binding, and duplicating equipment shall be applied to procurements by operating contractors.

§9-50.102 Contingent fees. (FPR 1-1.5)

The policies and requirements of FPR Subpart 1-1.5 shall be applied to all procurement activities of operating and on-site service contractors.

§9-50.103 List of concerns or individuals debarred, suspended, or declared ineligible. (FPR 11.6)

Use of DOE consolidated List of Debarred, Suspended, and Ineligible Contractors published by the Senior Procurement Official, Headquarters, is mandatory on all operating and on-site service contractors.

§9-50.104 (Reserved).

§9-50.105 Reporting possible antitrust violations (FPR 1-1.9)

The procedures in FPR Subpart 1-1.9 shall be applied to procurements by operating and on-site service contractors.

89-50.106 Qualified products. (FPR 1-1.11)

(a) Heads of Procuring Activities may authorize use of procedures in FPR Subpart 1-1.11 by operating and on-site service contractors.

(b) Qualified products lists shall be distributed to operating and on-site service contractors authorized to follow QPL procedures.

§9-50.108 Labor Surplus Area Concerns.

(a) Operating and on-site service contractors are authorized to employ total labor surplus area (LSA) set-asides where there is a reasonable expectation that bids or proposals will be obtained from a sufficient number of responsible LSA concerns so that awards will be made at reasonable prices. The priorities set forth in FPR 1-1.706-1(a) shall be utilized in determining the type of set-aside to be employed.

(b) Protests received or questions raised by contractors regarding LSA status shall be handled with the Department of Labor through the DOE Contracting Officer.

(c) LSA set-aside procurements awarded by operating and on-site service contractors shall be reported quarterly on DOE Form PR-330A in accordance with “A Guide to Preparation of DOE Quarterly Procurement and Financial Assistance Reports."

(d) Initiation of set-asides by contractors shall be on a unilateral basis.