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Part 970: DOE MANAGEMENT AND OPERATING CONTRACTS

Subpart 970.1: Management and Operating Contract Regulatory System

• 970.100: Scope of part.
• 970.103: Publication and codification.

Subpart 970.3: Improper Business Practices and Personal Conflicts of Interest

• 970.309: Whistleblower Protection of Contractor Employees.
• 970.309-1: Applicability.
• 970.370: Management Controls and Improvements.
• 970.370-1: Policy.
• 970.370-2: Contract clause.
• 970.371: Conduct of employees of DOE management and operating contractors.
• 970.371-1: Scope of section.
• 970.371-2: Applicability.
• 970.371-3: Definition.
• 970.371-4: Gratuities.
• 970.371-5: Use of privileged information.
• 970.371-6: Incompatibility between regular duties and private interests.
• 970.371-7: Outside employment of contractor employees.
• 970.371-8: Employee disclosure concerning other employment services.
• 970.371-9: Contract clause.

Subpart 970.4: Administrative Matters.

• 970.404: Safeguarding classified information.
• 970.404-1: Definitions.
• 970.404-2: General.
• 970.404-3: Responsibilities of contracting officers.
• 970.404-4: Solicitation provision and contract clauses.
• 970.407: Contractor records retention.
• 970.407-1: Applicability.
• 970.407-1-1: Alternate retention schedules.
• 970.407-1-2: Access to and ownership of records.
• 970.407-1-3: Contract clause.
• 970.470: Department of Energy Directives.
• 970.470-1: General.
• 970.470-2: Contract clause.

Subpart 970.8: Required sources of supplies and services

• 970.801: Excess personal property.
• 970.801-2: Policy.
• 970.808: Acquisition of printing and related supplies.
• 970.808-00: Scope.
• 970.808-2: Policy.
• 970.808-3: Contract clause.

Subpart 970.9: Contractor Qualifications

• 970.905: Organizational and consultant conflicts of interest.
• 970.970: Performance guarantees.
• 970.970-1: Determination of responsibility.
• 970.970-2: 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: Solicitation provision and contract clauses.
• 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: 970.1504-4-1 [Reserved].
• 970.1504-4-2: 970.1504-4-2 [Reserved].
• 970.1504-4-3: 970.1504-4-3 [Reserved].
• 970.1504-5: Solicitation provision 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: Work for others.
• 970.1707-1: Scope.
• 970.1707-2: Purpose.
• 970.1707-3: Terms governing work for others.
• 970.1707-4: Contract clause.

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.

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

• 970.2303: Hazardous materials identification and material safety.
• 970.2303-2-70: General.
• 970.2303-3: Contract clauses.
• 970.2304: Use of recovered materials and biobased products.
• 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.

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: Applicability 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

• 970.3400: General requirements.
• 970.3400-1: Mission-oriented solicitation.

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

• 970.3770: Facilities management.
• 970.3770-1: Policy.
• 970.3770-2: 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: 970.5215-2 [Reserved].
• 970.5215-3: Conditional payment of fee, profit, or 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 sites.
• 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.
• 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: 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.