48 C.F.R. PART 970--DOE MANAGEMENT AND OPERATING CONTRACTS

TITLE 48--Federal Acquisition Regulations System

CHAPTER 9--DEPARTMENT OF ENERGY

SUBCHAPTER I--AGENCY SUPPLEMENTARY REGULATIONS

PART 970--DOE MANAGEMENT AND OPERATING CONTRACTS

rule

Subpart 970.01--MANAGEMENT AND OPERATING CONTRACT REGULATORY SYSTEM

970.0100
Scope of part.
970.0103
Publication and codification.
rule

Subpart 970.03--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST

970.0309
Whistleblower Protection of Contractor Employees.
970.0309-1
Applicability.
970.0370
Management Controls and Improvements.
970.0370-1
Policy.
970.0370-2
Contract clause.
970.0371
Conduct of employees of DOE management and operating contractors.
970.0371-1
Scope of section.
970.0371-2
Applicability.
970.0371-3
Definition.
970.0371-4
Gratuities.
970.0371-5
Use of privileged information.
970.0371-6
Incompatibility between regular duties and private interests.
970.0371-7
Outside employment of contractor employees.
970.0371-8
Employee disclosure concerning other employment services.
970.0371-9
Contract clause.
rule

Subpart 970.04--ADMINISTRATIVE MATTERS

970.0404
Safeguarding classified information.
970.0404-1
Definitions.
970.0404-2
General.
970.0404-3
Responsibilities of contracting officers.
970.0404-4
Solicitation provision and contract clauses.
970.0407
Contractor records retention.
970.0407-1
Applicability.
970.0407-1-1
Alternate retention schedules.
970.0407-1-2
Access to and ownership of records.
970.0407-1-3
Contract clause.
970.0470
Department of Energy Directives.
970.0470-1
General.
970.0470-2
Contract clause.
rule

Subpart 970.08--REQUIRED SOURCES OF SUPPLIES AND SERVICES

970.0801
Excess personal property.
970.0801-1
Policy.
970.0808
Acquisition of printing.
970.0808-1
Scope of section.
970.0808-2
Policy.
970.0808-3
Contract clause.
rule

Subpart 970.09--CONTRACTOR QUALIFICATIONS

970.0905
Organizational conflicts of interest.
970.0970
Performance guarantees.
970.0970-1
Determination of responsibility.
970.0970-2
Solicitation provision.
rule

Subpart 970.11--DESCRIBING AGENCY NEEDS

970.1100
Policy.
970.1100-1
Performance-based contracting.
970.1100-2
Additional considerations.
970.1103-4
Contract clause.
rule

Subpart 970.15--CONTRACTING BY NEGOTIATION

970.1504
Contract pricing.
970.1504-1
Price analysis.
970.1504-1-1
Fees for management and operating contracts.
970.1504-1-2
Fee policy.
970.1504-1-3
Special considerations: Laboratory management and operation.
970.1504-1-4
Types of contracts and fee arrangements.
970.1504-1-5
General considerations and techniques for determining fixed fees.
970.1504-1-6
Calculating fixed fee.
970.1504-1-7
Fee Base.
970.1504-1-8
Special equipment purchases.
970.1504-1-9
Special considerations: Cost-plus-award-fee.
970.1504-1-10
Special considerations: Fee limitations.
970.1504-1-11
Documentation.
970.1504-2
Price negotiation.
970.1504-3
Documentation.
970.1504-3-1
Cost or pricing data.
970.1504-4
Special cost or pricing areas.
970.1504-4-1--970.1504-4-3
[Reserved]
970.1504-5
Solicitation provision and contract clauses.
rule

Subpart 970.17--SPECIAL CONTRACTING METHODS

970.1706
Management and operating contracts.
970.1706-1
Award, renewal, and extension.
970.1706-2
Contract clause.
970.1707
Work for others.
970.1707-1
Scope.
970.1707-2
Purpose.
970.1707-3
Terms governing work for others.
970.1707-4
Contract clause.
rule

Subpart 970.19--SMALL, SMALL DISADVANTAGED AND WOMEN-OWNED SMALL BUSINESS CONCERNS

970.1907
Subcontracting with Small Business, Small Disadvantaged Business and Woman-Owned Small Business Concerns.
970.1907-1
Subcontracting plan requirements.
rule

Subpart 970.22--APPLICATION OF LABOR POLICIES

970.2200
Scope of subpart.
970.2201
Basic labor policies.
970.2201-1
Labor relations.
970.2201-1-1
General.
970.2201-1-2
Policies.
970.2201-1-3
Contract clause.
970.2201-2
Overtime management.
970.2201-2-1
Policy.
970.2201-2-2
Contract clause.
970.2204
Labor standards for contracts involving construction.
970.2204-1
Statutory and regulatory requirements.
970.2204-1-1
Administrative controls and criteria for application of the Davis-Bacon Act in operational or maintenance activities.
970.2208
Equal employment opportunity.
970.2210
Service Contract Act.
970.2270
Unemployment compensation.
rule

Subpart 970.23--ENVIRONMENT, CONSERVATION, OCCUPATIONAL SAFETY, AND DRUG FREE WORK PLACE

970.2303
Hazardous materials identification and material safety.
970.2303-1
General.
970.2303-2
Contract clauses.
970.2304
Use of recovered/recycled materials.
970.2304-1
General.
970.2304-2
Contract clause.
970.2305
Workplace substance abuse programs--management and operating contracts.
970.2305-1
General.
970.2305-2
Applicability.
970.2305-3
Definitions.
970.2305-4
Solicitation provision and contract clause.
970.2306
Suspension of payments, termination of contract, and debarment and suspension actions.
970.2307
Contracting for Environmentally Preferable and Energy-Efficient Products and Services.
970.2307-1
Motor vehicle fleet operations.
970.2307-2
Contract clause.
rule

Subpart 970.26--OTHER SOCIOECONOMIC PROGRAMS

970.2670
Implementation of Section 3021 of the Energy Policy Act of 1992.
970.2670-1
Requirements.
970.2671
Diversity.
970.2671-1
Policy.
970.2671-2
Contract clause.
970.2672
Implementation of Section 3161 of the National Defense Authorization Act for Fiscal Year 1993.
970.2672-1
Policy.
970.2672-2
Requirements.
970.2672-3
Contract clause.
970.2673
Regional partnerships.
970.2673-1
Policy.
970.2673-2
Contract clause.
rule

Subpart 970.27--PATENTS, DATA, AND COPYRIGHTS

970.2701
General.
970.2701-1
Applicability.
970.2702
Patent related clauses.
970.2702-1
Authorization and consent.
970.2702-2
Notice and assistance regarding patent and copyright infringement.
970.2702-3
Patent indemnity.
970.2702-4
Royalties.
970.2702-5
Rights to proposal data.
970.2702-6
Notice of right to request patent waiver.
970.2703
Patent rights.
970.2703-1
Purposes of patent rights clauses.
970.2703-2
Patent rights clause provisions for management and operating contractors.
970.2704
Rights in data.
970.2704-1
General.
970.2704-2
Procedures.
970.2704-3
Contract clauses.
970.2770
Technology Transfer.
970.2770-1
General.
970.2770-2
Policy.
970.2770-3
Technology transfer and patent rights.
970.2770-4
Contract clause.
rule

Subpart 970.28--BONDS AND INSURANCE

970.2803
Insurance.
970.2803-1
Workers' Compensation Insurance.
970.2803-2
Contract clause.
rule

Subpart 970.29--TAXES

970.2902
Federal excise taxes.
970.2902-1
Exemptions from Federal excise taxes.
970.2903
State and local taxes.
970.2903-1
Applicability of state and local taxes to the government.
970.2904
Contract clauses.
970.2904-1
Management and operating contracts.
rule

Subpart 970.30--COST ACCOUNTING STANDARDS

970.3002
CAS program requirements.
970.3002-1
Applicability.
rule

Subpart 970.31--CONTRACT COST PRINCIPLES AND PROCEDURES

970.3101-00-70
Scope of subpart.
970.3101-9
Advance agreements (DOE coverage-paragraph (i)).
970.3101-10
Cost certification.
970.3102-3-70
Home office expenses.
970.3102-05
Application of cost principles.
970.3102-05-4
Bonding costs. (DOE coverage-paragraph (d))
970.3102-05-6
Compensation for personal services. (DOE coverage-paragraphs (a) and (p))
970.3102-05-18
Independent research and development and bid and proposal costs. (DOE coverage-paragraphs (c)).
970.3102-05-19
Insurance and indemnification.
970.3102-05-22
Lobbying and political activity costs. (DOE coverage-paragraph(b)).
970.3102-05-28
Other business expenses. (DOE coverage-paragraph (i)).
970.3102-05-30
Patent costs and technology transfer costs.
970.3102-05-33
Professional and consultant service costs. (Department coverage-paragraph (g)).
970.3102-05-46
Travel costs.
970.3102-05-47
Costs related to legal and other proceedings. (DOE coverage-paragraph (h)).
970.3102-05-70
Preexisting conditions.
970.3170
Contract clause.
rule

Subpart 970.32--CONTRACT FINANCING

970.3200
Policy.
970.3200-1
Reduction or suspension of advance, partial, or progress payments.
970.3200-1-1
Contract clause.
970.3204
Advance payments.
970.3204-1
Applicability.
970.3270
Standard financial management clauses.
rule

Subpart 970.34--MAJOR SYSTEM ACQUISITION

970.3400
General requirements.
970.3400-1
Mission-oriented solicitation.
970.35
Research and development contracting.
rule

Subpart 970.35--RESEARCH AND DEVELOPMENT CONTRACTING

970.3500
Scope of subpart.
970.3501
Federally funded research and development centers.
970.3501-1
Sponsoring agreements.
970.3501-2
Using an FFRDC.
970.3501-3
Reviewing FFRDC's.
970.3501-4
Contract clause.
rule

Subpart 970.36--CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS

970.3605
Contract clauses.
970.3605-1
Other contracts.
970.3605-2
Special construction clause for operating contracts.
rule

Subpart 970.37--FACILITIES MANAGEMENT CONTRACTING

970.3770
Facilities management.
970.3770-1
Policy.
970.3770-2
Contract clause.
rule

Subpart 970.41--ACQUISITION OF UTILITY SERVICES

970.4102
Acquiring utility services.
970.4102-1
Policy.
rule

Subpart 970.42--CONTRACT ADMINISTRATION

970.4207-03-02
Certificate of costs.
970.4207-03-70
Contract clause.
970.4207-05-01
Contracting officer determination procedure. (DOE coverage-paragraph (b))
rule

Subpart 970.43--CONTRACT MODIFICATIONS

970.4302
Changes.
970.4302-1
Contract clause.
rule

Subpart 970.44--MANAGEMENT AND OPERATING CONTRACTOR PURCHASING

970.4400
Scope.
970.4401
Responsibilities.
970.4401-1
General.
970.4401-2
Review and approval.
970.4401-3
Advance notification.
970.4402
Contractor purchasing system.
970.4402-1
Policy.
970.4402-2
General requirements.
970.4402-3
Purchasing from contractor-affiliated sources.
970.4402-4
Nuclear material transfers.
970.4403
Contract clause.
rule

Subpart 970.45--GOVERNMENT PROPERTY

970.4501
General.
970.4501-1
Contract clause.
rule

Subpart 970.49--TERMINATION OF CONTRACTS

970.4905
Contract termination clause.
970.4905-1
Termination for convenience of the government and default.
rule

Subpart 970.50--EXTRAORDINARY CONTRACTUAL ACTIONS

970.5004
Residual powers.
970.5004-1
Contract clause.
970.5070
Indemnification.
970.5070-1
Scope and applicability.
970.5070-2
General.
970.5070-3
Contract clauses.
rule

Subpart 970.52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES FOR MANAGEMENT AND OPERATING CONTRACTS

970.5200
Scope of subpart.
970.5201
Text of provisions and clauses.
970.5203-1
Management controls.
970.5203-2
Performance improvement and collaboration.
970.5203-3
Contractor's organization.
970.5204-1
Counterintelligence.
970.5204-2
Laws, regulations, and DOE directives.
970.5204-3
Access to and ownership of records.
970.5208-1
Printing.
970.5209-1
Requirement for guarantee of performance.
970.5215-1
Total available fee: Base fee amount and performance fee amount.
970.5215-2
[Reserved]
970.5215-3
Conditional payment of fee, profit, and other incentives--facility management contracts
970.5215-4
Cost reduction.
970.5215-5
Limitation on fee.
970.5217-1
Work for Others Program.
970.5222-1
Collective Bargaining Agreements Management and Operating Contracts.
970.5222-2
Overtime management.
970.5223-1
Integration of environment, safety, and health into work planning and execution.
970.5223-2
Affirmative procurement program.
970.5223-3
Agreement regarding Workplace Substance Abuse Programs at DOE facilities.
970.5223-4
Workplace Substance Abuse Programs at DOE Sites.
970.5223-5
DOE motor vehicle fleet fuel efficiency.
970.5226-1
Diversity plan.
970.5226-2
Workforce restructuring under section 3161 of the National Defense Authorization Act for fiscal year 1993.
970.5226-3
Community commitment.
970.5227-1
Rights in data-facilities.
970.5227-2
Rights in data-technology transfer.
970.5227-3
Technology transfer mission.
970.5227-4
Authorization and consent.
970.5227-5
Notice and assistance regarding patent and copyright infringement.
970.5227-6
Patent indemnity--subcontracts.
970.5227-7
Royalty information.
970.5227-8
Refund of royalties.
970.5227-9
Notice of right to request patent waiver.
970.5227-10
Patent rights--management and operating contracts, nonprofit organization or small business firm contractor.
970.5227-11
Patent rights--management and operating contracts, for-profit contractor, non-technology transfer.
970.5227-12
Patent rights--management and operating contracts, for-profit contractor, advance class waiver.
970.5228-1
Insurance--litigation and claims.
970.5229-1
State and local taxes.
970.5231-4
Preexisting conditions.
970.5232-1
Reduction or suspension of advance, partial, or progress payments upon finding of substantial evidence of fraud.
970.5232-2
Payments and advances.
970.5232-3
Accounts, records, and inspection.
970.5232-4
Obligation of funds.
970.5232-5
Liability with respect to cost accounting standards.
970.5232-6
Work for others funding authorization.
970.5232-7
Financial management system.
970.5232-8
Integrated accounting.
970.5235-1
Federally funded research and development center sponsoring agreement.
970.5236-1
Government facility subcontract approval.
970.5237-2
Facilities management.
970.5242-1
Penalties for unallowable costs.
970.5243-1
Changes.
970.5244-1
Contractor purchasing system.
970.5245-1
Property.
rule