917.600 Scope of subpart.
917.602 Policy
917.604 Identifying management and operating contracts.
917.605 Award, renewal, and extension.
Subpart 917.70.Cost Participation
917.7000 Scope of subpart.
917.7001 Policy.
Subpart 917.72.Program Opportunity Notices for Commercial Demonstrations
917.7200 Scope of subpart.
917.7201 Policy.
917.7201-1 General.
Subpart 917.73.Program Research and Development Announcements
917.7300 Scope of subpart.
917.7301 Policy and prerequisites.
917.7301-1 General.
Subpart 917.74.Acquisition, Use, and Disposal of Real Estate
917.7401 General.
917.7402 Policy.
917.7403 Application.
Authority: 42 U.S.C. 7254; 40 U.S.C. 486(c).
Source: 49 FR 11974, Mar. 28, 1984, unless otherwise
noted.
__________________________________________
Subpart 917.6.Management and Operating Contracts
917.600 Scope of subpart.
This subpart implements FAR Subpart 17.6,
Management and Operating Contracts. DOE
implementing procedures and requirements to be
followed in the selection, award, and administration of
Management and Operating Contracts are at Part 970.
The requirements of this subpart apply to any Department of Energy management and operating
contract, including performance-based management contracts as defined in 48 CFR (DEAR) 917.601.
References in this subpart to "management and
operating contracts" shall be understood to include
"performance-based management contracts."
[62 FR 34842, Jun. 27, 1997]
917.601 Definitions.
Performance-based contracting means structuring all aspects of an acquisition around the purpose of the
work to be performed as opposed to the manner by
which the work is to be performed or broad or
imprecise statements of work.
Performance-based management contract means a management and operating contract that employs, to
the maximum extent practicable, performance-based
contracting concepts and methodologies through the
application of results-oriented statements of work;
clear, objective performance standards and
measurement tools; and incentives to encourage
superior contractor performance.
[62 FR 34842, Jun. 27, 1997]
917.602 Policy.
(a) It is the policy of the Department of Energy to
provide for full and open competition in the award of
management and operating contracts, including
performance-based management contracts.
(b) A management and operating contract may be
awarded or extended at the completion of its term
without providing for full and open competition only
when such award or extension is justified under one of
the statutory authorities identified in FAR 6.302 and
only when authorized by the Head of the Agency.
Documentation and processing requirements for
justifications for the use of other that full and open
competition shall be accomplished in accordance with
internal agency procedures.
[Interim rule 61 FR 32584, Jun. 24, 1996;
final rule 62 FR 34872, Jun. 27, 1997]
917.604 Identifying management and operating contracts.
(a) Single purpose contracts for the operation of process development units, pilot plants, and demonstration plants where the purpose is to demonstrate the viability of processes toward the goal
of commercialization are not considered to be included,
unless designated operating contracts in accordance
with FAR 17.602.
917.605 Award, renewal, and extension.
Conditional Authorization of Non-competitive Extension Made Pursuant to Authority Under CICA. Authorization to extend by the Head of the Agency
shall be considered conditional upon the successful
negotiation of the contract to be extended in accordance
with the Department's negotiation objectives. The Head
of the Contracting Activity shall advise the
Procurement Executive no later than 6 months after
receipt of the conditional authorization as to whether
the Department's objectives will be met and, if not, the
contracting activity's plans for competing the
requirement.
[49 FR 11974, Mar. 28, 1984, as amended at 56 FR
28102, June 19, 1991; Interim rule 61 FR 32584, Jun.
24, 1996; final rule 62 FR 34872, Jun. 27, 1997]
Subpart 917.70.Cost Participation
917.7000 Scope of subpart.
(a) This subpart sets forth the DOE policy on cost
participation by organizations performing research,
development, and/or demonstration projects under
DOE prime contracts. This subpart does not cover
efforts and projects performed for DOE by other
Federal agencies.
(b) Cost participation is a generic term denoting any
situation where the Government does not fully
reimburse the performer for all allowable costs
necessary to accomplish the project or effort under the
contract. The term encompasses cost sharing, cost
matching, cost limitation (direct or indirect),
participation in kind, and similar concepts.
917.7001 Policy.
(a) When DOE supports performer research,
development, and/or demonstration efforts, where the
principal purpose is ultimate commercialization and
utilization of the technologies by the private sector, and
when there are reasonable expectations that the
performer will receive present or future economic
benefits beyond the instant contract as a result of
performance of the effort, it is DOE policy to obtain
cost participation. Full funding may be provided for
early phases of development programs when the
technological problems are still great.
(b) In making the determination to obtain cost
participation, and evaluating present and future
economic benefits to the performer, DOE will consider
the technical feasibility, projected economic viability,
societal and political acceptability of commercial
application, as well as possible effects of other
DOE-supported projects in competing technologies.
(c) The propriety, manner, and amount of cost
participation must be decided on a case-by-case basis.
(d) Cost participation is required for demonstration
projects unless exempted by the Under Secretary.
Demonstration projects, pursuant to this subpart,
include demonstrations of technological advances and
field demonstrations of new methods and procedures,
and demonstrations of prototype commercial
applications for the exploration, development,
production, transportation, conversion, and utilization
of energy resources.
[61 FR 41702, Aug. 9, 1996]
Subpart 917.72.Program Opportunity Notices for Commercial Demonstrations
917.7200 Scope of subpart.
(a) This subpart discusses the policy for the use of a
program opportunity notice solicitation approach to
accelerate the demonstration of the technical feasibility
and commercial application of all potentially beneficial
non-nuclear energy sources and utilization
technologies.
(b) This subpart applies to demonstrations performed
by individuals, educational institutions, commercial or
industrial organizations, or other private entities,
public entities, including State and local governments,
but not other Federal agencies. For purposes of this
subpart, commercial demonstration projects include
demonstrations of technological advances, field
demonstrations of new methods and procedures, and
demonstration of prototype commercial applications for
the exploration, development, production,
transportation, conversion, and utilization of
non-nuclear energy resources.
917.7201 Policy.
917.7201-1 General.
(a) It is DOE's intent to encourage the submission of proposals to accelerate the demonstration of the technical, operational, economic, and commercial feasibility and environmental acceptability of particular
energy technologies, systems, subsystems, and
components. Program opportunity notices will be used
to provide information concerning scientific and
technological areas encompassed by DOE's programs.
DOE shall, from time to time, issue program
opportunity notices for proposals for demonstrations of
various forms of non-nuclear energy and technology
utilization.
(b) Each program opportunity notice shall as a
minimum describe: the goal of the intended
demonstration effort; the time schedule for award;
evaluation criteria; program policy factors; the amount
of cost detail required; and proposal submission
information. Program policy factors are those factors
which, while not appropriate indicators of a proposal's
individual merit (i.e., technical excellence, proposer's
ability, cost, etc.), are relevant and essential to the
process of choosing which of the proposals received
will, taken together, best achieve the program
objectives. All such factors shall be predetermined
and specified in the notice so as to notify proposers that
factors which are essentially beyond their control will
affect the selection process.
[61 FR 41702, Aug. 9, 1996]
Subpart 917.73.Program Research and Development Announcements
917.7300 Scope of subpart.
(a) This subpart discusses the policy for the use of a
program research and development announcement
(PRDA) solicitation approach to obtain and select
proposals from the private sector for the conduct of
research, development, and related activities in the
energy field.
917.7301 Policy.
917.7301-1 General.
(a) PRDAs shall be used to provide potential proposers
with information concerning DOE's interest in entering
into arrangements for research, development, and
related projects in specified areas of interest. It is
DOE's intent to solicit the submission of ideas which
will serve as a basis for research, development, and
related activities in the energy field. It is DOE's desire
to encourage the involvement of small business
concerns, small disadvantage business concerns, and
women-owned small business concerns in research and
development undertaken pursuant to PRDAs.
(b) The PRDA should not replace existing acquisition
procedures where a requirement can be sufficiently
defined for solicitation under standard advertised or
negotiated acquisition procedures. Similarly, it should
not inhibit or curtail the submission of unsolicited
proposals. However, a proposal which is submitted as
though it were unsolicited but is in fact germane to an
existing PRDA shall be treated as though submitted in
response to the announcement or returned without
action to the proposer, at the proposer's option.
Further, the PRDA is not to be used in a competitive
situation where it is appropriate to negotiate a study
contract to obtain analysis and recommendations to be
incorporated in the subsequent request for proposals.
(c) The PRDA is to be used only where:
(1) Research and development is required in support of
a specific project area within an energy program with
the objective of advancing the general scientific and
technological base, and this objective is best achieved
through:
(i) A diversity of possible approaches, within the
current state of the art, available for solving the
problems;
(ii) The involvement of a broad spectrum of
organizations in seeking out solutions to the problems
posed;
(iii) The application of the unique qualifications or
specialized capabilities of many individual proposers
which will enable them to perform portions of the
research project (without necessarily possessing the
qualifications to perform the entire project) so that the
overall support may be broken into segments which
cannot be ascertained in advance; and,
(iv) The fostering of new and creative solutions.
(2) Consistent with paragraph (c)(1) of this section, it
is anticipated that choices will have to be made among
dissimilar concepts, ideas, or approaches; and
(3) It is determined that a broad range of organizations
exist that would be capable of contributing towards the
overall research and development goals identified in
paragraph (c)(1) of this section.
(d) Each PRDA shall as a minimum describe: the area(s) of program interest; time schedule for award; proposal submittal information; evaluation criteria; and program policy factors. The PRDA should clearly emphasize to proposers that program policy factors are essentially beyond their control and will affect the selection process. The PRDA should also state that
DOE reserves the right to select for award or support
any, all, or none of the proposals received in response
to an announcement.
[61 FR 41702, Aug. 9, 1996]
Subpart 917.74.Acquisition, Use, and Disposal of Real Estate
917.7401 General.
Special circumstances and situations may arise under
cost-type contracts when, in the performance of the
contract or subcontract, the performer shall be
required, or otherwise find it necessary, to acquire real
estate or interests therein by:
(a) Purchase, on DOE's behalf or in its own name, with
title eventually vesting in the Government.
(b) Lease, and DOE assumes liability for, or otherwise
will pay for the obligation under the lease.
(c) Acquisition of temporary interest through easement,
license or permit, and DOE funds the cost of the
temporary interest.
917.7402 Policy.
It is the policy of the Department of Energy that, when
real estate acquisitions are made, the following policies
and procedures shall be applied to such acquisitions:
(a) Real estate acquisitions shall be mission essential;
effectively, economically, and efficiently managed and
utilized; and disposed of promptly, when not needed;
(b) Acquisitions shall be justified, with documentation
which describes the need for the acquisitions, general
requirements, cost, acquisition method to be used, site
investigation reports, site recommended for selection,
and property appraisal reports; and
(c) Acquisition by lease, in addition to the requirements
in paragraphs (a) and (b) of this section:
(1) Shall not exceed a one-year term if funded by
one-year appropriations.
(2) May exceed a one-year term, when the lease is for
special purpose space funded by no-year
appropriations and approved by the Department.
(3) Shall contain an appropriate cancellation clause
which limits the Government's obligation to no more than the amount of rent to the earliest cancellation date
plus a reasonable cancellation payment.
(4) Shall be consistent with Government laws and
regulations applicable to real estate management.
917.7403 Application.
The clause at 48 CFR 952.217-70 shall be included in
contracts or modifications where contractor
acquisitions are expected to be made.
[61 FR 41702, Aug. 9, 1996]