# SUBCHAPTER I - AGENCY SUPPLEMENTARY REGULATIONS

- PART 970 - DOE MANAGEMENT AND OPERATING CONTRACTS 
- PARTS 971-999 [RESERVED] 

- PART 970 - DOE MANAGEMENT AND OPERATING CONTRACTS    - Subpart 970.01 - Management and Operating Contract Regulatory System     - 970.0100   Scope of part.
    - 970.0103   Publication and codification.
  - 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.
  - 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.
  - Subpart 970.08 - Required sources of supplies and services     - 970.0801   Excess personal property.
    - 970.0801-2   Policy.
    - 970.0808   Acquisition of printing and related supplies.
    - 970.0808-00   Scope.
    - 970.0808-2   Policy.
    - 970.0808-3   Contract clause.
  - Subpart 970.09 - Contractor Qualifications     - 970.0905   Organizational and consultant conflicts of interest.
    - 970.0970   Performance guarantees.
    - 970.0970-1   Determination of responsibility.
    - 970.0970-2   Solicitation provision.
  - 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.
    - 970.1170   Work authorization.
    - 970.1170-1   Policy.
    - 970.1170-2   Contract provision.
  - 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.
  - 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   Strategic Partnership Projects.
    - 970.1707-1   Scope.
    - 970.1707-2   Purpose.
    - 970.1707-3   Terms governing Strategic Partnership Projects.
    - 970.1707-4   Contract clause.
  - Subpart 970.19 - Small Business Programs     - 970.1907   The Small Business Subcontracting Program.
    - 970.1907-4   Subcontracting plan requirements.
  - 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.
  - Subpart 970.23 - Environment, Energy and Water Efficiency, Renewable Energy Technologies, Occupational Safety and Drug-Free Work Place     - 970.2301   Sustainable acquisition.
    - 970.2301-1   Policy.
    - 970.2301-2   Contract clauses.
    - 970.2303   Hazardous materials identification and material safety.
    - 970.2303-2-70   General.
    - 970.2303-3   Contract clauses.
    - 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.
  - Subpart 970.25 - Foreign Acquisition     - 970.2570   Buy American Act.
    - 970.2570-1   Contract clause.
    - 970.2571   Export control.
    - 970.2571-1   Scope of subpart.
    - 970.2571-2   Policy.
    - 970.2571-3   Contract clause.
  - 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.
  - 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.
  - Subpart 970.28 - Bonds and Insurance     - 970.2803   Insurance.
    - 970.2803-1   Workers' Compensation Insurance.
    - 970.2803-2   Contract clause.
  - Subpart 970.29 - Taxes     - 970.2902   Federal excise taxes.
    - 970.2902-3   Other Federal tax exemptions.
    - 970.2903   State and local taxes.
    - 970.2903-2   Application of State and local taxes to the Government.
    - 970.2904   Contract clauses.
    - 970.2904-1   Management and operating contracts.
  - Subpart 970.30 - Cost Accounting Standards Administration     - 970.3002   CAS program requirements.
    - 970.3002-1   CAS applicability.
  - Subpart 970.31 - Contract Cost Principles and Procedures     - 970.3101-00-70   Scope of subpart.
    - 970.3101-9   Advance agreements.
    - 970.3101-10   Indirect cost rate certification and penalties on unallowable costs.
    - 970.3102-3-70   Home office expenses.
    - 970.3102-05   Selected costs.
    - 970.3102-05-4   Bonding costs.
    - 970.3102-05-6   Compensation for personal services.
    - 970.3102-05-18   Independent research and development and bid and proposal costs.
    - 970.3102-05-19   Insurance and indemnification.
    - 970.3102-05-22   Lobbying and political activity costs.
    - 970.3102-05-28   Other business expenses.
    - 970.3102-05-30   Patent costs.
    - 970.3102-05-30-70   Patent costs and technology transfer costs.
    - 970.3102-05-33   Professional and consultant service costs.
    - 970.3102-05-46   Travel costs.
    - 970.3102-05-47   Costs related to legal and other proceedings.
    - 970.3102-05-70   Preexisting conditions.
    - 970.3170   Contract clause.
  - 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.
  - Subpart 970.34 - Major System Acquisition     - 970.3405   General requirements.
    - 970.3405-2   Mission-oriented solicitation.
    - 970.35   Research and development contracting.
  - 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.
  - 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.
  - Subpart 970.37 - Facilities Management Contracting     - 970.3706   Performance-based acquisition.
    - 970.3706-1   General.
    - 970.3770   Facilities management.
    - 970.3770-1   Policy.
    - 970.3770-2   [Reserved]
  - Subpart 970.41 - Acquisition of Utility Services     - 970.4102   Acquiring utility services.
    - 970.4102-1   Policy.
  - 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.
  - Subpart 970.43 - Contract Modifications     - 970.4302   Changes.
    - 970.4302-1   Contract clause.
  - 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.
  - Subpart 970.45 - Government Property     - 970.4501   General.
    - 970.4501-1   Contract clause.
  - Subpart 970.49 - Termination of Contracts     - 970.4905   Contract termination clause.
    - 970.4905-1   Termination for convenience of the government and default.
  - Subpart 970.50 - Extraordinary Contractual Actions and the Safety Act     - 970.5001   Residual powers.
    - 970.5001-4   Contract clause.
    - 970.5070   Indemnification.
    - 970.5070-1   Scope and applicability.
    - 970.5070-2   General.
    - 970.5070-3   Contract clauses.
  - 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.
    - 970.5211-1   Work authorization.
    - 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   Strategic Partnership Projects 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.
    - 970.5223-3   Agreement regarding Workplace Substance Abuse Programs at DOE sites.
    - 970.5223-4   Workplace Substance Abuse Programs at DOE Sites.
    - 970.5223-6   Executive Order 13423, Strengthening Federal Environmental, Energy, and Transportation Management.
    - 970.5223-7   Sustainable acquisition program.
    - 970.5225-1   Compliance with export control laws and regulations (Export Clause).
    - 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   Strategic partnership project 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   [Reserved]
    - 970.5242-1   Penalties for unallowable costs.
    - 970.5243-1   Changes.
    - 970.5244-1   Contractor purchasing system.
    - 970.5245-1   Property.
- PARTS 971-999 [RESERVED]