![](media/image1.wmf) **Department of Energy No.**
[**AL-2006-04**]{.underline}

**Acquisition Regulation Date** [**12/14/05**]{.underline}

**ACQUISITION LETTER**

This Acquisition Letter is issued under the authority of the DOE and
NNSA Procurement Executives.

**Subject: Acquiring Information Technology---Requirement to Comply With
Internet Protocol Version 6 (IPv6)**

**Attachment: Model Contract Clause**

**What is the Effective date of this Acquisition Letter (AL)?**

This AL is effective upon issuance.

**When does this AL Expire?**

This AL remains in effect until superseded or canceled.

**What are the Points of Contact?**

For procurement related questions, contact: Michael Righi of the Office
of Procurement and Assistance Policy at (202) 287-1337 or
<Michael.Righi@hq.doe.gov>; or Douglas Baptist of the Office of
Management Systems and Services at (202) 287-1658 or
<Douglas.Baptist@hq.doe.gov> .

For technical questions in DOE, contact DOE Office of Chief Information
Officer, Pete Johnson, Chief Technology Officer, IM-1, (202) 586-1216.
For technical questions in NNSA, contact NNSA Office of Chief
Information Officer, Linda Wilbanks, NA-65, (202) 586-5242.

Visit our website at [www.pr.doe.gov]{.underline} for information on
Acquisition Letters and other policy issues.

**What is the Purpose of this AL?**

The purpose of this Acquisition Letter is to ensure that all new
Information Technology (IT) procurements are IPv6 compliant to the
maximum extent practicable. It addresses the respective responsibilities
of program and procurement officials to acquire IPv6 compliant products
and services in order to transition from Internet Protocol version 4
(IPv4) to IPv6. As used in this AL, reference to DOE includes both DOE
and NNSA sites and reference to the Chief Information Officer (CIO)
includes both the DOE CIO for DOE sites and the NNSA CIO for NNSA sites.

**What is the Background?**

The Office of Management and Budget (OMB) has issued OMB Memorandum
M-05-22 entitled

\"Transition Planning for Internet Protocol Version 6 (IPv6)\" to agency
Chief Information Officers

(CIO\'s). This memorandum: advises agencies to ensure that all new IT
procurements are IPv6

compliant to the maximum extent practicable to avoid unnecessary costs
in the future; and requires that

any exceptions be approved by the agency's CIO.

This memorandum requires that "any new IP product or system developed,
acquired, or produced must:

-   Interoperate with both IPv6 and IPv4 systems and products,

-   If not initially compliant, provide a migration path and commitment
    to upgrade to IPv6 for all application and product features by June
    2008, and

-   Have available contractor/vendor IPv6 technical support for
    development and implementation and fielded product management."

OMB states in its memorandum that \"an IPv6 compliant product or system
must be able to receive, process, and transmit or forward (as
appropriate) IPv6 packets and should interoperate with other systems and
protocols in both IPv4 and IPv6 modes of operation.\"

The memorandum states that "the National Institute for Standards and
Technology (NIST) will develop, as necessary, a standard to address IPv6
compliance for the Federal government. Also, GSA will examine the need
for revising the Federal Acquisition Regulation (FAR) to implement this
requirement." Until such time as NIST publishes a standard, vendors must
certify their products are IPv6 compliant. Further, Contracting Officers
should use the model contract clause attached to this AL, or its
equivalent, pending the development of a FAR clause.

The Department's CIO and the NNSA Associate Administrator for Management
and Administration requested that the DOE and NNSA procurement offices
issue direction to require the acquisition of IPv6 compliant products
and services and ensure that any exceptions be approved by the CIO in
writing in advance of the acquisition.

This Acquisition Letter affects the planning, solicitation, evaluation,
and award of new contracts for IT that uses IP. Examples of the items
most likely to require compliance with IPv6 include Ethernet cards,
network switches, routers, printers, related software, and commercial
services for connectivity.

This Acquisition Letter also affects, if they require the delivery of IT
that uses IP, procurements pending award, existing contracts with
pending deliveries, and awards by management and operating contractors.
This Acquisition Letter requires amendments to solicitations and, in
some cases, modifications to existing contracts to ensure compliance
with IPv6.

**What is the Guidance?**

Contracting officers should use the model contract clause attached to
this AL or its equivalent, tailored appropriately, in affected new
awards, procurements pending award, and existing contracts with pending
deliveries. They should require management and operating contractors to
use a similar clause in their procurements.

**A**. **Acquisition Planning.**

The Contracting Officer must not process procurements for IT products or
services that use IP unless the program office/requestor attests that
the requirements documentation it will provide for purposes of preparing
the resulting solicitation calls for products or services that are IPv6
compliant.

**B. Procurements Pending Award.**

If a solicitation for the acquisition of IT products or services that
use IP has been issued and no award yet made, the Contracting Officer
must either: (1) require the program office/requestor to attest that the
solicitation's requirements for IT products that use IP are IPv6
compliant and amend the solicitation to add the model clause attached to
this AL or its equivalent, tailored appropriately; or (2) require the
program office/requestor to provide solicitation requirements for IT
products that use IP that are IPv6 compliant, amend the solicitation to
reflect those requirements, and add the model clause attached to this AL
or its equivalent, tailored appropriately.

**C. Existing Contracts with Pending Deliveries.**

In the case of undelivered items under an existing contract for IT that
uses IP, the Contracting Officer must require the program
office/requestor to assess the practicality of requiring remaining
deliveries to be IPv6 compliant. If the guidance received requires it,
the Contracting Officer must modify the contract.

The Contracting Officer must first attempt to negotiate a bilateral
modification, and if unsuccessful, issue a change order pursuant to the
Changes clause of the contract. If necessary additional funds are not
available, the Contracting Officer, in coordination with the program
office/requestor, should attempt to negotiate reduced quantities, other
changes in the contract, or issue a partial termination for convenience.

**D. Waiver.**

Program offices/requestors requiring IT that employs IP technology, that
is not initially IPv6 compliant and for which the vendor will not
provide a migration path and commitment to upgrade to IPv6 for all
application and product features by June 2008, may request a waiver from
the requirement to acquire IPv6 compliant items from the CIO. (DOE
requests shall be forwarded to the DOE CIO. NNSA requests shall be
forwarded through the NNSA CIO.) Contracting Officers may not process
such procurements until the program office/requestor provides the
approved waiver.

**E. DOE's Management and Operating and Other Major Facilities
Contracts.**

Contracting Officers must instruct DOE's contractors that manage and
operate major DOE facilities to comply with IPv6 standards in their
purchases of IT involving IP.

Contracting Officers must direct each such contractor to identify an
employee to act as liaison with the CIO where needed. Contracting
Officers must also direct contractors to refrain from waiving any
requirement unless the waiver has been approved in writing/email by the
CIO. The contractor must provide a copy of any waiver within 45 days of
its execution to the Contracting Officer.

If there is any doubt as to whether a contractor will follow the above
directions, contracting officers shall modify the affected contract to
require the contractor's compliance.

**Is Training Available Regarding the Guidance?**

Currently, no specific training is being contemplated to aid contracting
officers in applying the guidance provided in this AL. You are
encouraged, however, to contact any of the points of contact listed
earlier if you conclude training would be helpful.

**MODEL CONTRACT CLAUSE TO IMPLEMENT OMB MEMORANDUM M-05-22**

> **Compliance with Internet Protocol version 6 (IPv6) In Acquiring
> Information Technology**

This contract involves the acquisition of Information Technology (IT)
that uses Internet Protocol (IP) technology. The contractor agrees that:
(1) all deliverables that involve IT that uses IP (products, services,
software, etc.) will comply with IPv6 standards and interoperate with
both IPv6 and IPv4 systems and products; and (2) it has IPv6 technical
support for development and implementation and fielded product
management available. If the contractor plans to offer a deliverable
that involves IT that is not initially compliant, the contractor agrees
to: (1) obtain the Contracting Officer's approval before starting work
on the deliverable; (2) provide a migration path and firm commitment to
upgrade to IPv6 for all application and product features by June 2008;
and (3) have IPv6 technical support for development and implementation
and fielded product management available.

Should the contractor find that the statement of work or specifications
of this contract do not conform to the IPv6 standard, it must notify the
Contracting Officer of such nonconformance and act in accordance with
instructions of the Contracting Officer.

**ATTACHMENT**