PART 9-51 REVIEW AND APPROVAL OF CONTRACT ACTIONS

§9-51.000 Scope of part.

This part sets forth administrative requirements for the review and approval of certain contract actions.

§9-51.001 Definition.

(a) For the purpose of this part, the term "contract actions" includes:

(1) Actions relating to the letting of contracts, subcontracts, agreements with other governmental agencies, and subsequent modifications, extensions, and settlements of terminations thereof.

(2) Questions of contract policy or procedure which arise in the course of contract negotiation and administration.

(b) For the purpose of this part, the term "contract actions" does not include administrative functions associated with contract administration, such as the development, interpretation, and modification of contract cost principles, financial plan and budget operations, labor relations, safety, security, audit, salary and wage administration, foreign travel, programmatic matters (program scope, technical requirements or specifications, project schedules, etc.), and the administration of construction activities. Such matters are handled directly between field offices and the Headquarters' organization having cognizance over the matter involved.

(c) For the purpose of this part, the term "contract actions" does not include the action taken to terminate a contract, subcontract, or agreement with another governmental agency. See §9-8.201 for requirements relating to the act of termination.

Subpart 9-51.1 Headquarters' Review and Approval

§9-51.100 Scope of subpart.

of Contract Actions

This subpart sets forth the administrative requirements for Headquarters' review and approval of contract actions.

§9-51.101 General instructions regarding submissions to Headquarters.

(a) Procuring activities will communicate directly with the Senior Procurement Official, Headquarters, on all contract actions requiring Headquarters consideration, with the following exceptions:

(1) The offices at Schenectady and Pittsburgh will communicate through the Director, Division of Naval Reactors.

(2) The Grand Junction Office will communicate through the Assistant Secretary, Resource Applications.

(3) The CRBRP and FFTF Project Office will communicate through the Assistant Secretary, Energy Technology.

(b) Contract actions requiring Headquarters' review and approval shall be submitted sufficiently in advance of the proposed date for final action to permit an orderly study and analysis of the proposed contract action. Requests for approval of contracts and subcontacts shall be

accompanied by six copies of the proposed contract document and six copies of the required supporting data. The Senior Procurement Official, Headquarters, will obtain appropriate Headquarters review and comments, including the lead program office, General Counsel, and other appropriate Headquarters' staff elements.

§9-51.102 Contract actions requiring advance Headquarters' review and approval.

(a) Contract actions likely to provoke unusual public interest or contractual matters of a new or unusual nature. Heads of Procuring Activities will submit to the Senior Procurement Official, Headquarters', such contract actions for appropriate Headquarters review and approval.

(b) Contract actions in excess of authority delegated to Heads of Procuring Activities. Heads of Procuring Activities will submit to the Senior Procurement Official, Headquarters, contract actions in excess of delegated authority for appropriate review and approval including: (1) Preliminary contractual agreements when there is reason to believe that the resulting contract or subcontract may exceed delegated authority.

(2) Any proposed contract or subcontract which by the exercise of any option or options therein would exceed delegated authority.

(3) Any proposed contract or subcontract, regardless of amount, which in the opinion of the Head of the Procuring Activity will, as a result of extension, follow-up work, or otherwise, increase the contract or subcontract, or lead to a contract or subcontract with the same contractor, in an amount in excess of the delegated authority:

(4) Extension or modification which within itself includes increases in excess of delegated authority.

(c) For contracts or subcontracts previously approved by Headquarters, modifications thereto need not be submitted for Headquarters' consideration when they involve only periodic modifications (1) to establish scope and/or estimated costs within the approved general scope and fixed fees, provided the fee negotiated is within the fee limits of DOE fee policy, or (2) to increase (or decrease) the funds obligated or the contractual limitations on expenditures when funds for such purposes have been allotted and set forth in approved financial plans.

(d) Contracts and subcontracts for public utility services (except telecommunication services) shall be reviewed and approved in accordance with the provisions of Subpart 9–50.401 Public Utilities.

§9-51.103 Supporting data for contract actions requiring Headquarters' advance approval. §9-51.103-1 Negotiation.

Requests for approval of contracts and subcontracts to be entered into, as a result of negotiation, shall be accompanied by the information and supporting data in accordance with current Headquarters directives.

§9-51.103-2 Formal advertising.

Requests for approval of contracts and subcontracts to be entered into as a result of formal advertising shall be accompanied by the information and supporting data required by current Headquarters' directives.

§9-51.103-3 Questions of contract policy and procedure.

Questions of contract policy and procedure which arise in the course of contract negotiation and administration for which Headquarters' consideration is required or desired, shall be ac

companied by sufficient information to permit adequate review and analysis of the problem involved.

§9-51.103-4 Time of submission.

Requests for approval of contractual documents shall be submitted and approval shall be obtained, prior to execution by either party.

§9-51.103-5 Determinations and findings.

All determinations and findings required by FPR Subparts 1-3.2 and 1-3.3 and DOE-PR Subparts 9-3.2 and 9-3.3, with the exception of FPR 1-3.303 and DOE-PR §9-3.303, shall be executed by a Contracting Officer and a signed copy shall be included in the supporting data for contract actions when the file is required to be sent to Headquarters for advance approval.

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 additiona requirements by Headquarters or Heads of Procuring Activities with respect to contracts o subcontracts under their jurisdiction.