Department of Energy Acquisition Guide

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Regulatory requirements for the acquisition process are set forth in the Federal Acquisition Regulation (FAR) and are supplemented in the Department of Energy Acquisition Regulation (DEAR). FAR 1.301 provides for the issuance of additional internal agency guidance, including designations and delegations of authority, assignments of responsibilities, work-flow procedures, and internal reporting requirements. The DOE Acquisition Guide serves this purpose.

The Acquisition Guide consists of chapters that correspond to the DEAR and FAR Parts.

The Guide is intended to serve as a primer on various acquisition issues, and may not present lengthy discussion on every subject. Users are encouraged to consult other material that is referenced in each section of the Guide for supplemental information.

NOTE: "Senior Procurement Executive" as used in the Acquisition Guide refers to the Director, Office of Acquisition Management. DOE, for non-National Nuclear Security Administration (NNSA) activities, and to the Administrator, National Nuclear Security Administration for NNSA activities. In most cases the Senior Procurement Executive-related authorities of the Administrator, NNSA have been delegated to the Director, Acquisition Management, NNSA.

The Acquisition Guide will be issued and maintained by the Office of Policy and will be amended to add material or to revise existing material as necessary.

The DOE Acquisition Guide is updated on a regular basis - suggestions for additional topics and revisions to the Guide should be directed to DOE_OAPMPolicy.

For optimal viewing experience and more acquisition related information visit the Acquisition Answers version of the guide

DOE Acquisition Guide Table of Contents

Chapter 1 - Acquisition Regulations System 

1.1 - Acquisition Regulation System - March 2004
1.102-2 - Balanced Scorecard Performance Assessment Program - May 2016
1.2 - Head of Contracting Activity (HCA) Authority, Functions and Responsibilities - January 2007
- Attachment - Tables I-IV - September 2009
 

Chapter 4 - Administrative Matters

4.1601 - Assigning I. D. Numbers Outside of the Strategic Integrated Procurement Enterprise System - Sept 2018
4.804 - Contract Closeout Procedures - August 2016
4.1703 - Service Contract Report - September 2018

Chapter 5 - Publicizing Contract Actions

5.201 - Synopsizing Proposed Non-Competitive Contract Actions Citing the Authority of FAR 6302-1 - February 2017
5.403 - Congressional Notifications - December 2018
- Attachment Guide for Congressional and Intergovernmental Notifications Guide

Chapter 6 - Competition Requirements

6.102 - Competition Requirements - January 2018
6.502 - Competition Advocate Responsibilities - September 2017

Chapter 7 - Acquisition Planning

7.1 - Acquisition Planning - February 2015

Chapter 8 - Required Sources of Supplies and Services

8.404 - Federal Supply Schedules - September 2018

Chapter 9 - Contracting Qualifications

9.505 - Organizational and Consultant Conflicts of Interest - September 2016
- Attachment - NNSA Supplement

Chapter 12 - Acquisition of Commercial Items

12.212 - Commercial Supplier License Agreements and Subscriptions - June 2018

Chapter 13 - Simplified Acquisition Procedures

13.101 - Simplified Acquisition Procedure - April 2018
13.301 -Purchase Card Policy and Operating Procedures - November 2018
13.302 - Purchase Orders - August 2017

Chapter 15 - Contracting by Negotiation

15.1 - Source Selection Guide - April 2013
15.304 - Establishing Evaluation Criteria - March 2017
15.402 - Pricing Contract Modifications - March 2017
15.404-4 - Weighted Guidelines - July 2017
15.406-3 - Negotiation Documentation: Pre-negotiation Plan and the Price Negotiation Memorandum - September 2018
15.404.1 - Technical Analysis of Cost Proposals - August 2017
15.6 - Unsolicited Proposals - June 2018

Chapter 16 - Types of Contracts

16.102 - General Guide to Contract Types for Requirements Officials - September 2017
16.405 - Award-Fee Plans and Performance Evaluation Plans  - April 2018
16.5 - Multiple-Award Contracts and Governmentwide Acquisition Contracts Including Delivery Orders and Task Orders - September 2017

Chapter 17 - Special Contracting Methods

17.1 - Interagency Acquisitions, Interagency Transactions and Interagency Agreements - June 2012
17.1 - Attachment 1 - OFPP Guidance Interagency Acquisitions - June 2008
17.1 - Attachment 2 - OFPP Business Case Guidance - September 2011
17.1 - Attachment 3A - IA FUNDS OUT Assisted Acquisition Part A - April 2012
17.1 - Attachment 3A - IA FUNDS OUT Assisted Acquisition Part B - April 2012
17.1 - Attachment 3B - IA FUNDS OUT Interagency Transaction Part A - April 2012
17.1 - Attachment 3B - IA FUNDS OUT Interagency Transaction Part B - April 2012
17.1 - Attachment 3C - IA STRIPES Cover form Sample
17.602 - Origin, Characteristics, and Significance of the Department of Energy's Management and Operating (M&O) Form of Contract - February 2017

Chapter 19 – Small Business Programs

19.2 - Small Business Programs - January 2019
Attachment 1 DOE P 547.1A Small Business First Policy (March 30, 2018)
Attachment 2 Partnership Agreement Between the U.S. Small Business Administration and the U.S. Department of Energy (2012)
Attachment 3 DOE F 4220.2 Small Business Review Form (Jan 2014)

Chapter 22 - Application of Labor Laws to Government Acquisitions

22.403 - Labor Standards for Construction and Services - April 2018

Chapter 23 – Sustainable Acquisition Policy

23.1 - Sustainable Acquisition Policy - August 2017

Chapter 25 - Foreign Acquisition

25.000 - Foreign Acquisition - August 2017
Attachment - Determination and Findings
25.7100 - Compliance with U.S. Export Control Laws, Regulations and Policies - June 2016

Chapter 30 - Cost Accounting Standards Administration

30.201 - Department of Energy's Oversight of Certain Contractor Defined Benefit Pension Plans and Its Effect on Contracts, Cost Accounting Standards Compliance, and Audits - December 2016

Chapter 31 - Contract Cost Principles and Procedures

31.201-2 - Allowability of Incurred Costs - April 2018
31.205-13 - Allowable Food and Beverage Costs at DOE and Contractor Sponsored Conferences - August 2017
31.205-1 - Contracting with Public Relations Firms - September 2016
31.205.33 - Contractor Legal Management Requirements, Approving Settlements, and Determining the Allowability of Settlement Costs - September 2016
31.5 - Contractor Intergovernmental Personnel Act (IPA) Assignments: Allowability of Costs - September 2018

Chapter 32 - Contract Financing

32.901 - Reviewing and Approving Invoices - August 2017
32.501-5 - Performance Guarantees - July 2016

Chapter 33 - Protests, Disputes and Appeals

33.102 - Protests - September 2018
33.214 - Alternative Dispute Resolution - August 2016

Chapter 35 - Research and Development Contracting

35.003 - Cost Participation in Research and Development Contracting - June 2016
35.008 - Competition Under the Energy Policy Act of 2005 - April 2017
35.01 - Scientific and Technical Information - April 2017

Chapter 37 - Service Contracting

37.1 - Support Service Contracting - May 2017
37.601 - Performance-Based Services Acquisition - August 2016

Chapter 39 - Acquisition of Information Technology

39.3 - Acquisition of Information Technology and the Federal Information Technology Acquisition Reform Act (FITARA) - June 2018
39.203 - Section 508 Accessibility Program - September 2017

Chapter 41 - Acquisition of Utility Services

41.2 - Utilities - August 2017

Chapter 42 - Contract Administration and Audit Services

42.101 - Audit Requirements for Non-Management and Operating Contracts - July 2016
42.2 - Documentation and Approval of Federally Funded International Travel (Fly America Act-Open Skies Agreement) - April 2012
42.201 - Contract Management Planning - June 2018
42.703-1 - Indirect Cost Rate Administration - September 2017
42.1202 - Novation Agreements - August 2016
42.1502 - Contractor Performance Information - March 2017

Chapter 43 - Contract Modifications

43.102 - Contract Modifications - June 2018
43.201 - Change Order Administration - September 2018

Chapter 47 – Documentation and Approval of Federally Funded International Travel (Fly America
Act-Open Skies Agreement)

47.403 - Documentation and Approval of Federally Funded International Travel (Fly America Act-Open Skies Agreement) - September 2018

Chapter 48 – Value Engineering

48.102 - Value Engineering in M&O Contracts - August 2017

Chapter 50 - Extraordinary Contractual Actions and the Safety Act

50.101-2 - Extraordinary Contractual Actions - April 2016

Chapter 70 - DOE Management and Operating Contracts

70.0371 - Contractor Human Resource Management - January 2017
70.10 - Inter-Contractor Purchases - March 2003
70.1504 - M&O Contractor Incentives – Fee, Rollover of Performance Fee, and Award Term - May 2017
70.1706-1 - Acquisition Planning in the M&O Environment - November 2016
70.1707 - Responding to Solicitations Under DOE’s Strategic Partnership Project (SPP) Agreements - April 2018
70.1707-3 DOE Strategic Partnership Projects and Cooperative Research and Development Agreements Using a Master Scope of Work - January 2019
70.2671 - The Diversity Plan - July 2016
70.2701 - Patent and Data Rights - April 2017
70.3102-05-6 - Contractor Compensation - Variable Pay - July 2016
70-3102 - Costs Associated with Whistleblower Activities - June 2018
70-31B - Allowable Food and Beverage Costs at DOE and Contractor Sponsored Conferences - August 2017
70.31.205-33 - Contractor Legal Management Requirements, Approving Settlements, and Determining the Allowability of Settlement Costs - September 2016
70.42.101 - Cooperative Audit Strategy - February 2018
70.44 - Review of Management Contractors Purchasing Systems: Purchase Card Considerations - January 2005
70.4402 - M&O Contractor Standard Research Subcontract (Educational Institution or Nonprofit Organization) - March 2017
70.44.3 - DOE’s Oversight of its M&O Contractors’ Purchasing Systems - May 2018
70.7103 - M&O Acquisition Planning –Identification and Consideration of Lessons Learned From Prior M&O Acquisitions - July 2017

Chapter 71 - Review and Approval of Contract and Financial Assistance Actions

71.1 - Headquarters Business Clearance Process - September 2017
71.3 - Data Reporting – Quality Management - September 2017
Attachment - Data Quality Plan
71.4 - Procurement Management Review Program - September 2017