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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.

$9-51.402 Advance notification of Subcontract

Advance notification shall be required, not withstanding the provisions of 9-3.9, when the subcontract will be placed noncompetitvely in excess of $25,000, intracompany in excess of $500, when it provides for direct reimbursement of costs in excess of $500.

The advance notice shall contain as a minimum: a description of work, estimated cost, type of contract or reimbursement provisions, and extent of anticipated competition. Such notification shall be forwarded to the contracting officer as soon as the information 18 known, which normally will be before solicitation. The contracting officer may at any time request additional information that must be furnished prior to award to award of the subcontract.

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 ERDA 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.'

19-51.502 Procedure for obtaining clearance, extension of

clearance, or exemption.

Requests for clearance of forms or reports or material revision or change in previously approved forms or reports, 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.

Subpart 9-51.6

Justification of Procurements

19-51.600 Scope of subpart.

This subpart sets forth the type of information required for justification of procurements.

$9-51.601 Formal advertising.

Justification for formally advertised procurements shall consist of the information required by 99-1.313(c).

59-51.602 Negotiated procurements.

$9-51.602-1 Applicability.

This section is applicable to all negotiated contracts including including letter contracts, and modifications thereof involving additional supplies or services, except: (a) contracts or subcontracts for $10,000 or less, (b) orders against Federal Supply Schedules, (c) orders placed against other Government agencies, and (d) orders placed against other ERDA offices.

$9-51.602–2

Justification of negotiated contracts.

The justification of negotiated prime contracts shall be in the form of a narrative statement covering, to the extent applicable to the particular transaction, the general type of information as indicated in paragraphs (a) through (i). The scope and detail of information to be included in the contract file should generally be determined on the basis of the nature, dollar value, and complexity of the transaction involved.

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(a) name and address of proposed contractor;

(b) location of plant or work-site for performance of the contract;

(c) contract number, including amendment number if applicable; (d) name of prime contractor;

(e) nature of contract action (letter contract, Conversion of letter contract, extension of existing contract, etc., as well as type of contract -- cost, CPFF, incentive, etc.);

(f) a reference to the program basis for the contract, including scope of the work or description of supplies or services being procured, delivery or construction schedules, period of contract, quantities, unit prices, and total price or estimated cost. If the procurement action is a contract modification the relation to the program under the basic contract and the effect thereof should be shown;

(g) a statement justifying the use of negotiation in lieu of formal advertising;

(h) if the procurement was non-competitive include the justification for non-competitive procurement required by 9-3.805-51. If the procurement was competitive, describe the methods of solicitation employed and the distribution and response to such solicitations or requests; and the basis upon which it is concluded that such solicitations or requests were sufficient to assure such full and free competition as is consistent with the procurement of the required supplies or services. This shall include:

(1) brief summary of the request for proposal used as a basis for solicitation;

(2) number of firms invited to submit proposals and a list of firms quoting, together with their respective quotations; and

(3) the reason for selection of the proposed contractor, when award is to be made to other than the low offeror or there is a wide margin between the acceptable quotation and other quotations received.

(i) the history of negotiations with the proposed contractor, including the consideration given to appropriate factors, and the basis upon which it is concluded that the results of the negotiations are advantageous to the Government. This shall include:

(1) brief summary or principal points involved in negotiation and the final results thereof, indicating price changes, if any, during negotiations and explanations therefor;

(2) comparison of the proposed contract with previous procurements of the same or similar supplies or services, including dates of previous procurements, quantities, changes in specifications from last purchase, if any, and justification for changes in price;

(3) for all contracts involving construction and related engineering services, the cost break down which was used to arrive at the total price or estimated cost for fee or profit computation purposes;

(4) for all contracts for the operation or management of ERDA facilities on a cost, CPFF or CPAF basis, a complete explanation of provisions agreed on for reimbursing costs generated elsewhere than at the project site, together with complete justification for fixed fee,

if any;

(5) for each supply, production, and research and development contract, an appropriately detailed analysis of cost and price reflecting final negotiation, with suitable consideration of the policies and principles stated in FPR Part 1-3, Part 9-3 and Part 9-15 including comments showing appropriate review and evaluation of major elements of cost and price by financial, technical, and other qualified personnel;

(6) names and locations, when available, of prospective subcontractors and estimated amounts of respective subcontracts which will exceed $100,000;

(7) statement as to whether the contract will contain any form of price redetermination or escalation, including reasons for inclusion;

(8) general types and value of Government property to be furnished, or already furnished to the proposed contractor and which will be used in performance of the work;

(9) statement as to whether the financial condition of the proposed contractor is considered satisfactory, whether the contract is to be partly or wholly financed by Government funds, whether guaranteed loans are involved, whether the contractor's accounting system is satisfactory and adequate to furnish information required by ERDA under the contract, and if a performance bond is to be furnished, name of bonding company and amount of bond;

(10) statement as to the technical ability and past performance of the proposed contractor (if the contractor is presently performing other ERDA contracts, state uncompleted contract value, status of work thereunder and the effect of proposed additional contracts or backlog on the proposed contract);

(11) the amount of funds available and encumbered for the proposed contract, including appropriation, allotment number, subprogram class and budget item;

(12) the basis for establishing delivery requirements or other performance schedules;

(13) any other pertinent data in the form of explanations, comments, or comparisons concerning any unusual or new phases of the procurement or negotiations relating thereto; (recent and current contracts of the contractor with other ERDA procuring activities and other Government agencies with particular emphasis on a comparison of business aspects of such contracts with the proposed contract should be commented upon); and

(14) in the case of contract actions requiring Headquarters approval, the name and telephone number of the ERDA negotiator responsible for the transaction.

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