Sec.
926.7001 Policy.
926.7002 Responsibilities.
926.7003 Review of the procurement request.
926.7004 Size standard for Energy Policy Act procurements.
926.7005 Preferences under the Energy Policy Act.
926.7006 Goal measurement and reporting requirements.
926.7007 Solicitation provisions and contract clauses.
Subpart 926.71.Implementation of Section 3161 of the National Defense Authorization Act for Fiscal
Year 1993
926.7101 Policy.
926.7102 Definition.
926.7103 Requirements.
926.7104 Contract Clause.
Authority: 42 U.S.C. 7254; 40 U.S.C. 486(c).
__________________________________________
Subpart 926.70.Implementation of Section 3021 of the Energy Policy Act of
1992
926.7001 Policy.
(a) Section 3021(a) of the Energy Policy Act of 1992
(Pub. L.102-486) specifies that the Department of
Energy shall, to the extentpracticable, provide that not
less than 10 percent of the total combined amounts
obligated for competitively awarded contracts and
subcontracts under the Energy Policy Act be expended
with--
(1) Small business concerns controlled by socially and
economically disadvantaged individuals or by women;
(2) Historically Black colleges and universities; or
(3) Colleges and universities having a student body in
which more than 20 percent of the students are
Hispanic Americans or Native Americans.
(b) These three groups are collectively referred to in
this section as "Energy Policy Act target groups."
(c) Awards of Energy Policy Act procurements should
be in the following descending order of preference:
(1) Competitive awards pursuant to a set-aside for
small disadvantaged business;
(2) Competitive awards to small businesses owned and
controlled by socially and economically disadvantaged
individuals and by women for Energy Policy Act
requirements under the Small Business
Administration's section 8(a) program; and
(3) Competitive awards that provide an evaluation
preference in accordance with 926.7006 to offerors
from the Energy Policy Act target groups.
(d) The DOE implementation of Section 3021
requirements with regard to the award of subcontracts
under Energy Policy Act procurements is discussed at
926.7006.
(e) Competitive procedures, for purposes of Energy
Policy Act implementation, consist of awards under
set-asides to small disadvantaged business and firms
certified as 8(a) Small Business Administration and
competitive procedures in accordance with (FAR) 48
CFR 15.6 and (DEAR) 48 CFR 915.6.
[60 FR 22300, May 5, 1995]
926.7002 Responsibilities.
Offices initiating procurement requests have primary
responsibility to identify potential contract
requirements falling within the scope of section 3021
of the Energy Policy Act. Identification shall occur at
the earliest possible point in time in the acquisition
cycle, but not later than the submission of the
procurement request to the contracting officer. For
purposes of Section 3021, a contract requirement is any
award that directly satisfies an Energy Policy Act
program or requirement.
[60 FR 22300, May 5, 1995]
926.7003 Review of the procurement request.
Any Energy Policy Act procurement, including basic
research contracts with educational institutions, shall
be reviewed in accordance with the Small Business and
8(a) Program Review Procedures in order to ensure
that full consideration is given to the potential for
making Energy Policy Act awards.
[60 FR 22300, May 5, 1995; 61 FR 21975, May 13,
1996]
926.7004 Size standard for Energy Policy Act procurements.
The size standard for Energy Policy Act engineering
services procurements (SIC 8711) shall be the size
standard specified for military and aerospace
equipment and military weapons.
[60 FR 22300, May 5, 1995]
926.7005 Preferences under the Energy Policy Act.
(a) Prime contracts. Solicitations for all competitive Energy Policy Act procurements not for 8(a) firms and
in excess of the simplified acquisition threshold shall
provide for an evaluation
preference for offers received from entities from among
the Energy Policy Act target groups. The evaluation
criteria shall provide that in instances in which two or
more proposals being considered for final selection are
ranked as essentially equal after consideration of all
technical and cost evaluation factors, and if one of these
proposals is from an offeror from among an Energy
Policy Act target group that offeror will be selected for
award.
(b) Subcontracts. (1) The contracting officer shall assure that all competitive Energy Policy Act
solicitations over the simplified acquisition threshold
contain:
(i) A solicitation provision providing for consideration
of the extent to which the offerors have provided for
subcontracting opportunities to entities from among the
Energy Policy Act target groups; and
(ii) A clause providing for the maximum utilization of
entities from among Energy Policy Act target groups in
the performance of Energy Policy Act contracts.
(2) In addition, the contracting officer shall assure that
all competitive Energy Policy Act procurements
expected to exceed $500,000 ($1,000,000 for
construction) include a clause for reporting after award
as part of the Small Business and Small Disadvantaged
Business Subcontracting Plan process.
[60 FR 22300, May 5, 1995]
926.7006 Goal measurement and reporting requirements.
(a) General. The following types of contract awards for Energy Policy Act procurements shall be counted
toward achievement by DOE of the 10 percent goal:
(1) Any award set-aside for small disadvantaged
business;
(2) Any competitive section 8(a) award;
(3) Any competitive award to one of the three target
groups under an unrestricted procurement;
(4) Any award to one of the three target groups
conducted under simplified acquisition procedures in
excess of the micro-purchase threshold; and,
(5) Any competitively awarded subcontract to one of
the three target groups under a prime award.
(b) Prime contract awards. Award values and dollars obligated under prime contracts and modifications to
prime contracts for Energy Policy Act requirements
shall be reported through the Department of Energy
Procurement and Assistance Data System.
(c) Subcontract awards. The contractor shall be required to report, on an annual Federal Government
fiscal year basis, its progress against Section 3021
goals by providing the actual dollar value of
subcontract payments and the relationship of those
payments to the incurred contract cost. If the contract
includes reporting requirements under (FAR) 48 CFR
52.219-9, Small Business and Small Disadvantaged
Business Subcontracting Plan, the contractor's progress
against the Section 3021 goals shall be included as an
addendum to Standard Form (SF) 294, Subcontracting
Report for Individual Contracts, and/or SF 295,
Summary Subcontract Report, as applicable, for the
period that corresponds to the end of the Federal
Government fiscal year.
[60 FR 22300, May 5, 1995]
926.7007 Solicitation provisions and contract
clauses.
(a) The contracting officer shall insert the provision at
952.226-70, Subcontracting Goals under Section
3021(a) of the Energy Policy Act of 1992 (Pub. L.
102-486) (Energy Policy Act), in solicitations for
Energy Policy Act procurements.
(b) The contracting officer shall insert the clause at
952.226-71, Utilization of Energy Policy Act Target
Entities, in contracts for the Energy Policy Act
requirements with an award value in excess of the
simplified acquisition threshold.
(c) The contracting officer shall insert the clause at
952.226-72, Energy Policy Act Subcontracting Goals
and Reporting Requirements, in contracts for Energy
Policy Act requirements with an award value in excess
of $500,000 ($1,000,000 in the case of construction).
(d) The contracting officer shall insert the provision at 48 CFR 952.226-73, Energy Policy Act Target Group
Representation, in solicitations for Energy Policy Act
procurements.
(e) The contracting officer shall insert the clause at
(FAR) 48 CFR 52.219-14, Limitation on
Subcontracting, in contracts for Energy Policy Act
requirements with an entity from among the Energy
Policy Act target groups.
[60 FR 22300, May 5, 1995; 62 FR 42072, Aug. 5,
1997]
Subpart 926.71.Implementation of Section 3161 of the National Defense
Authorization Act for Fiscal Year 1993
926.7101 Policy.
Consistent with the requirements of Section
3161(c)(2), 42 U.S.C. 7474h(c)(2), in instances where
DOE has determined that a change in workforce at a
DOE Defense Nuclear Facility is necessary, the
Department, to the extent practicable, is required to
provide employees under Department of Energy
contracts whose employment in positions at such a
facility is terminated with a preference in any hiring of
the Department. Consistent with published DOE
guidance regarding Section 3161, such preference in
hiring extends to hiring by DOE contractors and
subcontractors.
[62 FR 34842, Jun. 27, 1997]
926.7102 Definition.
Eligible employee means a current or former employee
of a contractor or subcontractor employed at a DOE
Defense Nuclear Facility.
(1) Whose position of employment has been, or will be,
involuntarily terminated (except if terminated for
cause),
(2) Who has met the eligibility criteria contained in
Department of Energy guidance for contractor work
force restructuring, as may be amended or
supplemented from time to time, and
(3) Who is qualified for a job vacancy with the
Department or one of its contractors with respect to work under its contract with the Department at the
time a position is available.
[62 FR 34842, Jun. 27, 1997]
926.7103 Requirements.
(a) Section 3161, 42 U.S.C. 7474h, confers a
continuing right to a preference in hiring to an eligible
employee of Department of Energy Defense Nuclear
Facilities. This right to a preference in hiring includes
employment opportunities of any Department of Energy
contractor, regardless of the place of performance of
the contract. Accordingly, eligible former employees
of contractors and subcontractors employed at
Department of Energy Defense Nuclear Facilities, to
the extent practicable, shall be provided a hiring
preference in employment opportunities of other
Department of Energy contractors for work under their
contracts.
(b) The Office of Worker and Community Transition
(WT) is responsible for establishing policies and
procedures relating to the Department of Energy
implementation of Section 3161. Contracting Officers,
in concert with representatives of the field office
responsible for implementation of Section 3161 at the
Department of Energy Defense Nuclear Facility and
local counsel, should consult with the Office of
Worker and Community Transition to determine
applicability of Section 3161 requirements, including
hiring preference requirements, for displaced workers.
[62 FR 34842, Jun. 27, 1997]
926.7104 Contract clause.
The contracting officer shall insert the clause at 48
CFR (DEAR) 952.226-74, Displaced Employee
Hiring Preference, in contracts (except for contracts
for commercial items, pursuant to 41 U.S.C. 403)
which exceed $500,000 in value.
[62 FR 34842, Jun. 27, 1997]