shall be obtained as provided in §9-9.107–4(k).

(c) Where deviations from the FPR or DOE-PR in classes of cases are considered necessary, requests for authority to deviate shall be submitted by letter to the Senior Procurement Official, Headquarters, who will, after appropriate concurrences from other officials (e.g., Counsel, and such other DOE personnel as required), consider the submission jointly with the General Services Administration (GSA) as appropriate. Class deviations to the FPR or the DOE-PR involving patents, data, and copyrights shall be forwarded to the Senior Procurement Official, Headquarters, via the Assistant General Counsel for Patents. Where circumstances preclude obtaining prior concurrence of GSA as required, the Senior Procurement Official, Headquarters, may authorize deviation and shall inform GSA of the deviation including the circumstances under which it was required.

§9-1.050 Amendment of regulation.

This regulation may be amended from time to time by the Senior Procurement Official, Headquarters, with appropriate concurrences from other officials (e.g., Counsel, and any other ap propriate Headquarters offices).

§9-1.051 Other DOE publications.

§9-1.051-1 Procurement circulars, handbooks, and acquisition letters.

Policies, procedures, and information concerned primarily with procurement may be published in DOE procurement circulars, handbooks, and acquisition letters generally unde the following circumstances:

(a) Procurement Circulars - To provide coverage on an interim basis, pending subsequer incorporation in this regulation;

(b) Procurement Handbooks - To provide extensive treatment of a subject that is not suit able for inclusion in this regulation;

(c) Acquisition Letters

To provide guidance on procedures which are not suitable for publication in this regulation.

§9-1.051-2 Procurement Circulars (PC).

procurement

(a) In accordance with the authority in §9-1.051-1 above, a Procurement Circular, supp mentary to this regulation, shall be published as often as may be necessary or advisable for dist: bution to all recipients of this regulation. Material to be published in each circular shall fir be approved by the Senior Procurement Official, Headquarters, with appropriate concurrence from other officials (e.g., Counsel, and any other appropriate Headquarters offices).

(b) PCs will be identified by the prefix letter "PC" followed by the last two digits of the calendar year in which issued and will be numbered consecutively. For example, the first P issued in calendar year 1979 will be identified as PC 79-1.

§9-1.051-3 Procurement Handbooks (PH).

(a) In accordance with the authority in §9-1.051-1 above, the Senior Procurement Officia Headquarters, with appropriate concurrences from other officials (e.g., Counsel, and any oth appropriate Headquarters offices) may publish Procurement Handbooks (PH) from time time.

(b) Handbooks will be identified by the prefix letter "PH" and will be keyed to the app: priate DOE-PR subpart. For example, a handbook on profit and fee analysis would bear identity PH §9-3.808.

89-1.051-4 Acquisition Letters (AL).

(a) In accordance with the authority in §9–1.051-1 above, the Senior Procurement Official, Headquarters, or designee, may issue acquisition letters from time to time. They will remain in effect until cancelled.

(b) Acquisition letters

will be identified by the prefix letters "AL" followed by the last two digits of the calendar year in which issued and will be numbered consecutively. For example, the control number of the first letter issued in calendar year 1979 will be AL 79-1. When appropriate, the applicable subpart of the DOE-PR will be identified in the subject line.

shall be obtained as provided in §9–9.107–4(k).

(c) Where deviations from the FPR or DOE-PR in classes of cases are considered necessary, requests for authority to deviate shall be submitted by letter to the Senior Procurement Official, Headquarters, who will, after appropriate concurrences from other officials (e.g., Counsel, and such other DOE personnel as required), consider the submission jointly with the General Services Administration (GSA) as appropriate. Class deviations to the FPR or the DOE-PR involving patents, data, and copyrights shall be forwarded to the Senior Procurement Official, Headquarters, via the Assistant General Counsel for Patents. Where circumstances preclude obtaining prior concurrence of GSA as required, the Senior Procurement Official, Headquarters, may authorize deviation and shall inform GSA of the deviation including the circumstances under which it was required.

§9-1.050 Amendment of regulation.

This regulation may be amended from time to time by the Senior Procurement Official, Headquarters, with appropriate concurrences from other officials (e.g., Counsel, and any other appropriate Headquarters offices).

§9-1.051 Other DOE publications.

§9-1.051-1 Procurement circulars, handbooks, and acquisition letters.

Policies, procedures, and information concerned primarily with procurement may be published in DOE procurement circulars, handbooks, and acquisition letters generally under the following circumstances:

(a) Procurement Circulars - To provide coverage on an interim basis, pending subsequent incorporation in this regulation;

(b) Procurement Handbooks - To provide extensive treatment of a subject that is not suit able for inclusion in this regulation;

(c) Acquisition Letters

To provide guidance On procurement procedures which are not suitable for publication in this regulation.

89-1.051-2 Procurement Circulars (PC).

(a) In accordance with the authority in §9-1.051-1 above, a Procurement Circular, supplementary to this regulation, shall be published as often as may be necessary or advisable for distri bution to all recipients of this regulation. Material to be published in each circular shall first be approved by the Senior Procurement Official, Headquarters, with appropriate concurrences from other officials (e.g., Counsel, and any other appropriate Headquarters offices).

(b) PCs will be identified by the prefix letter "PC" followed by the last two digits of the calendar year in which issued and will be numbered consecutively. For example, the first PC issued in calendar year 1979 will be identified as PC 79-1.

89-1.051-3 Procurement Handbooks (PH).

(a) In accordance with the authority in §9-1.051-1 above, the Senior Procurement Official Headquarters, with appropriate concurrences from other officials (e.g., Counsel, and any other appropriate Headquarters offices) may publish Procurement Handbooks (PH) from time to time.

(b) Handbooks will be identified by the prefix letter "PH" and will be keyed to the appro priate DOE-PR subpart. For example, a handbook on profit and fee analysis would bear the identity PH §9-3.808.

$9-1.051-4 Acquisition Letters (AL).

(a) In accordance with the authority in §9–1.051-1 above, the Senior Procurement Official, Headquarters, or designee, may issue acquisition letters from time to time. They will remain in effect until cancelled.

(b) Acquisition letters

will be identified by the prefix letters "AL" followed by the last two digits of the calendar year in which issued and will be numbered consecutively. For example, the control number of the first letter issued in calendar year 1979 will be AL 79-1. When appropriate, the applicable subpart of the DOE-PR will be identified in the subject line.

§9-1.201 Definitions.

Subpart 9-1.2 Definition of Terms

For the purposes of this chapter, and unless otherwise indicated, the following terms have the meaning set forth in this subpart. FPR definitions not implemented herein also apply to this chapter.

§9-1.204 Head of the Agency.

"Head of the Agency" means the Secretary, Deputy Secretary, or Under Secretary.

89-1.205 Procuring activity.

"Procuring activity" means a DOE organizational element which has been delegated authority by the Senior Procurement Official, Headquarters, to award contracts.

§9-1.206 Head of the Procuring Activity (HPA).

"Head of the Procuring Activity" means the senior official within a DOE organizational element who has overall responsibility for the supervision and direction of a procurement activity and who meets the following requirements: first, has been delegated authority to award contracts and appoint Contracting Officers by the Senior Procurement Official, Headquarters; and second, has been designated as an HPA. A partial listing of duties specifically reserved to the HPA or designee includes:

(a) Authority to establish review and approval levels for contract actions within his organization, up to the dollar level delegated to him.

(b) Authority to approve deviations from the FPRs and the DOE-PRs in accordance with §9-1.009-2.

(c) Authority to appoint Contracting Officers.

(d) Authority to ratify unauthorized contract and/or contract modification awards. (e) Authority to make administrative determinations regarding withdrawals of bids before award in mistake in bid cases.

§9-1.250 Senior Program Official.

"Senior Program Official" means the Assistant Secretaries, Administrators of Administrations, Chairman, Federal Energy Regulatory Commission, Director, Office of Energy Research, and heads of DOE staff offices, or designees.

89-1.251 Senior Procurement Official, Headquarters.

"Senior Procurement Official, Headquarters" means the Director of Procurement and Assistance Management, or designee.