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904.7005 Solicitation provision and

contract clause. (a) The contracting officer shall insert the provision at 48 CFR 952.204-73, Foreign Ownership, Control, or Influence over Contractor, in all solicitations for contracts subject to 48 CFR 904.7001.

(b) The contracting officer shall insert the clause at 952.204-74, Foreign Ownership, Control, or Influence Over Contractor, in new contracts and contract modifications to existing contracts subject to 904.7001. (49 FR 11941, Mar. 28, 1984, as amended at 62 FR 42074, Aug. 5, 1997)

Foreign government means any governing body organized and existing under the laws of any country other than the United States and its possessions and trust territories and any agent or instrumentality of that government.

Proscribed information means-
(1) Top Secret information;

(2) Communications Security (COMSEC) information, except classified keys used to operate secure telephone units (STU IIIS);

(3) Restricted Data, as defined in the Atomic Energy Act of 1954, as amended;

(4) Special Access Program (SAP) information; or,

(5) Sensitive compartmented Information (SCI).

Subpart 904.71–Prohibition on

Contracting (National Security
Program Contracts)

SOURCE: 58 FR 59684, Nov. 10, 1993, unless 904.7102 Waiver by the Secretary. otherwise noted.

(a) The Secretary of Energy may 904.7100 Scope of subpart.

waive this prohibition, pursuant to 10

U.S.C. 2536(b), if the Secretary deterThis subpart implements section 836

mines that waiver is essential to the of the Fiscal Year 1993 Defense Authorization Act (Pub. L. 102–484) which pro

national security interests of the hibits the award of a Department of

United States. Any request for such a Energy contract under the national se

waiver shall address: curity program to a company owned by

(1) Identification of the proposed an entity controlled by a foreign gov- awardee and description of the foreign ernment if it is necessary for that com ownership; pany to be given access to information (2) Description of the procurement in a proscribed category of information and performance requirements; in order to perform the contract.

(3) Description of the national secu

rity interests involved and the ways 904.7101 Definitions.

award of the contract would promote Effectively owned or controlled means those interests; that a foreign government or an entity

(4) The availability of other entities controlled by a foreign government has

to perform the work; and, the power, either directly or indirectly,

(5) A description of alternate means whether exercised or exercisable, to

available to satisfy the requirement. control or influence the election or appointment of the Offeror's officers, di

(b) Any request for such a waiver rectors, partners, regents, trustees, or

shall be forwarded by the Head of the a majority of the Offeror's board of di

Contracting Activity to the Office of rectors by any means, e.g., ownership,

Clearance and Support, within the contract, or operation of law.

Headquarters procurement organizaEntity controlled by a foreign govern

tion. That office will coordinate such ment means any domestic or foreign or requests with the Program Assistant ganization or corporation that is effec Secretary, the Office of Intelligence tively owned or controlled by a foreign and National Security, the Office of government or any individual acting General Counsel, and the Procurement on behalf of a foreign government. See Executive prior to seeking approval of 925.7 for a statement of the prohibition. the Secretary.

904.7103 Solicitation provision and

contract clause. (a) Any solicitation, including those under simplified acquisition procedures, for a contract under the national security program which will require acess to proscribed information shall include the provision at 48 CFR 952.204-73 with its Alternate I.

(b) Any contract, including those awarded under simplified acquisition procedures, under the national security program which require access to proscribed information to enable performance, shall include the clause at 952.204-74. (58 FR 59684, Nov. 10, 1993, as amended at 61 FR 21976, May 13, 1996; 62 FR 42074, Aug. 5, 1997]

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REQUIREMENTS Subpart 906. 1—Full and Open Competition Sec. 906.102 Use of competitive procedures. Subpart 906.2—Full and Open Competition

After Exclusion of Sources 906.202 Establishing or maintaining alter

native sources.

Subpart 906.3—Other Than Full

and Open Competition 906.304 Approval of the justification.

(c) Class justifications within the delegated authority of a Head of the Contracting Activity may be approved for:

(1) Contracts for electric power or energy, gas (natural or manufactured), water, or other utility services when such services are available from only one source;

(2) Contracts under the authority cited in FAR 6.302-4 or 6.302-5; or

(3) Contracts for educational services from nonprofit institutions. Class justifications for classes of actions that may exceed $10,000,000 require the approval of the Procurement Executive.

Subpart 906.3—Other Than Full and Open

Competition 906.304 Approval of the justification.

Subpart 906.5—Competition Advocates 906.501 Requirement. AUTHORITY: 42 U.S.C. 7254; 40 U.S.C. 486(c).

SOURCE: 50 FR 12183, Mar. 27, 1985, unless otherwise noted.

Subpart 906.1-Full and Open

Competition 906.102 Use of competitive procedures.

(d) Other competitive procedures.

(1) Professional architect-engineer services shall be negotiated in accordance with subpart 936.6 and FAR Subpart 36.6.

Subpart 906.5—Competition

Advocates 906.501 Requirement.

The Secretary of Energy has delegated the authority for appointment of the agency and contracting activity competition advocates to the Procurement Executive. The Procurement Executive has delegated authority to the Head of the Contracting Activity to appoint contracting activity competition

advocates. Procedural guidance is provided in internal DOE Directives.



Subpart 907.3 Contractor Versus

Goverment Pertormance

Sec. 907.307 Appeals. AUTHORITY: 42 U.S.C. 7254; 40 U.S.C. 486(c).

SOURCE: 49 FR 11944, Mar. 28, 1984, unless otherwise noted.

908.7101-6 Acquisition of fuel-efficient vehi

cles. 908.7101-7 Government license tags. 908.7102 Aircraft. 908.7103 Office machines. 908.7104 Office furniture and furnishings. 908.7105 Filing cabinets. 908.7106 Security cabinets. 908.7107 Alcohol. 908.7108 Helium. 908.7109 Fuels and packaged petroleum

products. 908.7110 Coal. 908.7111 Arms and ammunition. 908.7112 Materials handling equipment re

placement standards. 908.7113 Calibration services. 908.7114 Wiretapping and eavesdropping

equipment. 908.7115 Forms. 908.7116 Electronic data processing tape. 908.7117 Tabulating machine cards. 908.7118 Rental of post office boxes. 908.7119_908.7120 (Reserved] 908.7121 Special materials.

AUTHORITY: 42 U.S.C. 7254; 40 U.S.C. 486(c).

SOURCE: 49 FR 11945, Mar. 28, 1984, unless otherwise noted.

Subpart 907.3—Contractor Versus

Government Performance 907.307 Appeals.

An appeal of a decision to convert to contract or to continue in-house performance may be made by an affected party. Appeals shall be made in writing, be based only on specific alleged material deviation (or deviations), from OMB Circular A-76, and be supported by appropriate documentation. Appeals must be delivered within 15 working days of the announced decision, to the contracting officer. The contracting of ficer shall process any such appeal in accordance with internal Departmental procedures.

Subpart 908.8-Acquisition of Printing and Related Supplies



908.802 Policy. (DOE coverage-para

graph (b)) (b) Inclusion of printing requirements (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 Director, Office of Administrative Services, Headquarters. Contracting officers shall insert the clause at 48 CFR 952.208–70. (61 FR 41705, Aug. 9, 1996)

Subpart 908.8–Acquisition of Printing and

Related Supplies

Sec. 908.802 Policy. Subpart 908.11-Leasing of Motor Vehicles 908.1102 Presolicitation requirements. 908.1104 Contract clauses. 908.1170 Leasing of fuel-efficient vehicles.

Subpart 908.11-Leasing of Motor


Subpart 908.71-Acquisition of Special


SOURCE: 61 FR 41705, Aug. 9, 1996, unless otherwise noted.

908.7100 Scope of subpart. 908.7101 Motor vehicles. 908.7101–1 Scope of section. 908.7101-2 Consolidated acquisition of new

vehicles by General Services Administra

tion. 908.7101-3 Direct acquisition. 908.7101-4 Replacement of motor vehicles. 908.7101-5 Used vehicles.

908.1102 Presolicitation requirements.

(DOE coverage-paragraph (a)) (a)(4) Commercial vehicle lease sources may be used only when the General Services Administration (GSA) has advised that it cannot furnish the vehicle(s) through the Interagency Motor Pool System and it has been determined that the vehicle(s) are not available through the GSA Consolidated Leasing Program. 908.1104 Contract clauses. (DOE cov

erage-paragraph (e)) (e) The clause at 48 CFR 952.208–7, Tagging of Leased Vehicles, shall be inserted whenever a vehicle(s) is to be leased over 60 days, except for those vehicles exempted by (FPMR) 41 CFR 10138.6.

908.1170 Leasing of fuel-efficient vehi.

cles. (a) All sedans and station wagons and certain types of light trucks, as specified by GSA, that are acquired by lease for 60 continuous days or more for official use by DOE or its authorized contractors, are subject to the requirements of the Energy Policy and Conservation Act of 1975 (EPCA), Public Law 94–163 and of Executive Order 12003 and subsequent implementing regulations.

(b) 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.

DOE-PMR 41 CFR 109–25.304, 109–38.13, and 109–38.51.

(b) Orders for all motor vehicles shall be submitted on GSA Form 1781, Motor Vehicle Requisition-Delivery OrderInvoice, in accordance with FPMR 41 CFR 101-26.501. Requisitions for sedans, station wagons, and certain light trucks as specified by GSA, should contain a certification that the acquisition is in conformance with Pub. L. 94 163, and Executive Order 12003 and 12375 and subsequent implementations.

(c) The schedule of dates for submission of orders is contained in FPMR 41 CFR 101-26.501-4. The Heads of Contracting Activities shall consolidate and submit their requirements for passenger automobiles early in the fiscal year. Requisitions for sedans, station wagons and certain types of light trucks shall be submitted through Headquarters as outlined in 908.7101-6. Requisitions for all other types of vehicles shall be submitted directly to GSA. (49 FR 11945, Mar. 28, 1984; 49 FR 38949, Oct. 2, 1984, as amended at 59 FR 9104, Feb. 25, 1994]

Subpart 908.71-Acquisition of

Special Items 908.7100 Scope of subpart.

This subpart sets forth requirements and procedures for the acquisition of special items by DOE and contractors authorized to use special sources of supply to the extent indicated herein. 908.7101 Motor vehicles.

908.7101-3 Direct acquisition.

Vehicles may be acquired 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 a waiver shall be forwarded to the Director, Office of Property Management, within the Headquarters procurement organization. In those cases involving general purpose vehicles where GSA refuses to grant a waiver and where it is believed that acquisition through GSA would adversely affect or otherwise impair the program, authority for direct acquisition shall be obtained from the above-mentioned Headquarters official, prior to acquisition. In the acquisition of special purpose vehicles for use by DOE and its authorized contractors, the Head of the Contracting Activity may authorize direct purchases. The purchase price for sedans and station wagons, shall not exceed any statutory limitation in fect at the time the acquisition is

908.7101–1 Scope of section.

Acquisitions by purchase of motor vehicles shall be in accordance with this section.

908.7101-2 Consolidated acquisition of

new vehicles by General Services

Administration. (a) New vehicles shall be procured in accordance with FPMR 41 CFR 10125.304, 101-26.501, and 101–38.13, and

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