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 DavisBacon 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]