Library
Disclaimer | Archives | Comments

Home
Contacts
Contracts
DOECAA Information
DOECAA Job Opportunities
Library
DOECAA Meetings
Members Only - Restricted Access
DOECAA News
DOECAA Reports
Related Links



LIBRARY

This page contains links to documents relevant to M&O contract operations. Some of the links are to online documents maintained by another site; documents maintained on this site will be indicated by the file format indication, such as "(pdf)".

When you click a link that has a "(pdf)" beside it, a copy of the requested document will be downloaded to your computer automatically.



Federal Register

Today's Table of Contents


These are recent notices, proposed rules and final rules of possible interest to the DOE contractors and subcontractors.
DOE proposed rule: Counterintelligence Evaluation Program; polygraph examinations use. Comments due March 8. Public hearing scheduled for March 2
FAR
PROPOSED RULES. Comments due Nov 29,2004
Accounting for unallowable costs
DOE:
DFNSB Recommendations: Oversight of complex, high-hazard nuclear operations. Comments due Septmber 7, 2004.
DOE Semi-annual regulatory agenda
FAR

FINAL RULES:
Firefighting services contracts;
Information assurance;
New European Union members; designated countries;
Performance-based contracting for services; use of FAR Part 12

PROPOSED RULES. Comments due Aug 24,2004
Construction and architect-engineer services;
Payment and billing instructions;
Polyacrylonitrile carbon fiber; restriction to domestic sources;
Small Business Competitiveness Demonstration Program
FAR:

Federal Acquisition Circular 2001-24
•Incentives for Use of Performance-Based Contracting for Services (Interim) (FAR Case 2004-004)
•Definitions Clause (FAR Case 2002-013)
Procurement Lists (FAR Case 2003-013)
•Determining Official for Employment Provision Compliance—Immigration and Nationality Act (INA) (FAR Case 2004-009)
•Federal Supply Schedules Services and Blanket Purchase Agreements (BPAs) (FAR Case 1999-603)
•Designated Countries—New European Communities Member States (FAR Case 2004-008)
•Buy American Act—Nonavailable Articles (FAR Case 2003-007)
•Application of Cost Principles and Procedures and Accounting for Unallowable Costs (FAR Case 2002-006)
•Gains and Losses, Maintenance and Repair Costs, and Material Costs (FAR Case 2002-008)
•Technical Amendments
FAR Proposed Rule
Buy America Act–Nonavailable articles. Comments due July 19.
FAR Proposed Rule
Hazardous Material Safety Data. Comments due May 3.
DOE Final Rule: Human Reliability Program
FAR Proposed Rule
Labor standards; contracts involving construction
Comments due February 23, 2004
Federal Acquisition Circular 2001-18
• Architect-engineer contractors selection; new consolidated form
• Competitive acquisition; debriefing
• Debarement and suspension; order placement and option exercise
• Depreciation cost principle
• Federal Prisons Industries—Waiver threshold; increased
• Federal Procurement Data System
• Insurance and pension costs
• Introduction
• Small Entity Compliance Guide
• Technical amendments
FAR Proposed Rules
Procurement list; when Javits-Wagner O’Day Program becomes mandatory source of supplies and services; clarification. Comments due January 12, 2004.
Reimbursement of relocation costs on lump-sum basis
Comments due February 9, 2004
DOE Interim Final Rule
Conditional payment of fee, profit, and other incentives. Comments on specified portions of rule due January 26, 2004
DOE Proposed Rule
Worker Safety and Health; chronic beryllium disease prevention programs. Comments due February 6, 2004
Federal Acquisition Circular 01-16
Contract Bundling
Federal Acquisition Circular 01-16
I. Central Contractor Registration
II. Electronic Commerce in Federal Procurement
III.Unique Contract and Order Identifier Numbers (Interim)
IV. Procurements for Defense Against or Recovery From Terrorism or Nuclear, Biological, Chemical or Radiological Attack; and Temporary Emergency Procurement Authority
V. Notification of Overpayment, Contract Financing Payments
VI. Caribbean Basin Country— Dominican Republic
VII.Prohibited Sources
VIII. Economic Planning, Employee Morale, And Travel Cost Principles
IX.Technical Amendments
National Science and Technology Council:Research Business Models; information request. Comment period extended to October 6
FAR Proposed Rule: Buy American Act – Nonavailable articles Comments due November 17.
DOE Rule
Acquisition regulations: Motor vehicle fleet fuel efficiency
DOE Rule
Floodplain and wetland environmental review requirements; compliance
DOE Rules
Nondiscrimination on basis of race, color, national origin, handicap, or age in federally assisted programs or activities
National Science and Technology Council:Research Business Models; information request. Comments due September 22.
Federal Acquisition Circular (FAC) 2001-15:
Compensation cost principle
Electronic listing of vehicles available for use by more than one agency
Energy-efficient standby power devices
Environmental management leadership
Introduction
Section 508 micropurchase exception sunset provision
Selling cost principle
Small entity compliance guide
Solicitation mailing list application; SF 129 elimination
Technical amendments
DOE Notice: Energy Employees Occupational Illness Compensation Program Act; list of covered facilities
Homeland Security Proposed Rule: Support Anti-Terrorism by Fostering Effective Technologies Act of 2002 (SAFETY Act); implementation. Comments due August 11, 2003.
FAR Proposed Rule: Gains and losses, maintenance and repair costs, and material costs
Federal Register Notice
FAR Proposed Rule: Cost accounting standards administration. Comments due September 2, 2003.
Federal Register Notice
GAO solicits comments on proposed changes to OMB Circular A-76. Comments due July 16.
Federal Register Notice
DOE Final Rule:
Active uranium and thorium processing sites; reimbursement for costs of remedial action; technical and administrative amendments
FAR Proposed Rule:
Deferred compensation and postretirement benefits other than pensions,
Unsolicited proposals
Comments due August 4 
FAR Proposed Rule: Part 27 Rewrite in plain language. Comments due July 28.
Federal Register Notice
DOE Semi-Annual Regulatory Agenda
Federal Register Notice
FAR Proposed Rule: Application of the Cost Principles and Procedures and Accounting for Unallowable Costs. Comments due July 21.
Federal Register Notice
FAR Proposed Rule: Federal Supply Schedules Services and
Blanket Purchase Agreements (BPAs). Comments due June 17.
Federal Register Notice
Homeland Security Department --
Proposed rule on receipt, handling, and care for Critical Infrastructure Information. Comments due June 16.
Federal Register Notice
Proposed DOE regulations on use of polygraphs. Comments due June 13.
Federal Register Notice
Proposed FLSA changes. Comments due June 30.
Federal Register Notice

FAC 2001-13

Commercial item acquisitions; contract types,
  13200–13202 [03–6372]
  Federal, State, and local taxes,
  13203–13205 [03–6374]
  Indefinite-delivery contracts; progress payment requests,
  13205–13208 [03–6375]
  Introduction,
  13199–13200 [03–6371]
  Preference for U.S.-flag vessels,
  13201–13204 [03–6373]
  Small Entity Compliance Guide,
  13207–13209 [03–6376]

Federal Register Notice

Health and Human Services
Proposed rule: Procedure for Designating Classes of Employees as Members of the Special Exposure Cohort Under the Energy Employees Occupational Illness Compensation Program Act of 2000. Comments due April 7, 2003
Federal Register Notice
Homeland Security
Interim Final Rule on Lobbying Retsrictions. Comments due April 7, 2003
Federal Register Notice
DEAR Final Rule
Official Use of Government Passenger Carriers Between Residence and Place of Employment. Effective February 19, 2003
Federal Register Notice
FAR Proposed Rules. Comments due April 7, 2003
General Provisions of the Cost Principles
Debriefing--Competitive Acquisition
FAR Proposed Rules. Comments due April 1, 2003
Contract Bundling
FAR Proposed Rules. Comments due March 31, 2003
Commercially Available Off-The-Shelf Items.
Depreciation Cost Principle.
Insurance and Pension Costs.
FAR Interim Rule
Implementation of micr-purchase and simplified acquisition provision of the Homeland Security Act. Comments due March 28, 2003.
Federal Register Notice
GSA revises mileage rates for use of privately-owned vehicles
Federal Register Notice
DEAR Final Rule; Implementation of Executive Order 12829, National Industrial Security Program
Federal Register Notice
GAO revised bid protest regulations
Federal Register Notice
Federal Aquisition Circular 2001-11
• Special Simplified Acquisition Procedures for Commercial Items in Excess of the Simplified Acquisition Threshold
• Section 508 Micro-Purchase Exception Sunset Provision
• Small Entity Compliance Guide
Energy Employees Occupational Illness Compensation Act of 2000;
Revision to List of Covered Facilities
Federal Register Notice
DOE publishes semi-annual regulatory agenda. Highlights include: conditional payment of fee, organizational conflict of interests, research misconduct.
Federal Register Notice
FAR proposed rule to eliminate GPO monopoly on printing. Comments due December 13, 2002.
Federal Register Notice
FAR proposed rule on orders under existing contracts with contractors debarred, suspended, or proposed for debarment. Comments due January 23, 2003.
Federal Register Notice
FAR proposed rule to expand use of lump sum relocation reimbursements. Comments due December 23, 2002
Federal Register Notice
FAR proposed rule to implement Executive Order (E.O.) 13221 of July 31, 2001, Energy Efficient Standby Power Devices, and clarify requirements for the purchase of Environmental Protection Agency (EPA)-designated products. Comments due December 16, 2002.
Federal Register Notice
FAR Council seeking comments on desired improvements to the contract closeout procedures. Comments due November 25, 2002.
Federal Register Notice
FAR proposed rules:

• 2000-005, Leadership in Environmental Management.
• 2001-005, Notification of Overpayment, Contract Financing Payments.
• 2001-024, Selling Cost Principle.
• 2001-035, Past Performance Evaluation of Federal Prison Industries Contracts.
• 2002-001, Economic Planning, Employee Morale, and Travel Cost Principles.

Comments are due on October 28, 2002. To get documents click here.
DOE issues final rule on physicians panel guidelines for assistance in filing workers compensation claims
Federal Register notice
DOJ issues rule implementing the Radiation Exposure Compensation Act Amendments of 2000 (RECA)
Federal Register Notice
DOJ issues proposed rule to expand RECA coverage to uranium miners. Public comments due October 7.
Federal Register Notice
DOE publishes final rule on Patents
Federal Register notice
FAR:

RULES
Claim and termination terms; definitions
Maximum per diem rates
PROPOSED RULES
Personal property sale

DOE proposes rule to consolidate PAP and PSAP programs. Comments due October 15. Public hearings to be held:
Albuquerque, NM - Sept 5
Livermore, CA - Sept 10
Amarillo, TX - Sept 12
Oak Ridge, TN - Sept 17
Federal Register Notice
FAR withdraws 2000 proposed rulemaking on definition of "Applied Research" and "Development
Federal Register notice
Supplement to FAR NOPR on contractor training cost principle published in Federal Rigister. Comments due July 15.
Federal Register notice.
FAR withdraws 2000 proposed rulemaking on definition of "Applied Research" and "Development
Federal Register notice
FAR change for education & training cost principle proposed. Comments due July 15, 2002
Federal Register Notice
DOE publishes semi-annual regulatory agenda

DOD, GSA, NASA publishes FAR semi-annual regulatory agenda
HHS issues final rules implementing EEOICPA
Probable cause determinations
Radiation dose reconstruction methods
FAC 2001-07 issued as a final rule
FAR proposed rule on contractor compensation; comments due June 24, 2002
Federal Register item
DOD withdraws proposed rule on exclusive teaming arrangements for contracts.
Federal Register item
FPMR revised; federal employees may keep frequent flier benefits
Federal Register item
DOE announces proposed rule on assessing civil fines and penalties for security violations. Comments due July 1, 2002. Hearings will be held in Las Vegas (May 22) and Washington DC (May 29).
Federal Register notice
DOE extends term of the Secretary of Energy Advisory Board --- details
DOE to use same FOCI form as DoD.
Federal Register notice
DOE proposes quarterly reporting of complaints to technology transfer ombudsmen. Public comments due May 24, 2002.
Federal Register Notice
Federal Acquisition Circular 2001-6 and Regulations – effective April 4, 2002. Coverage includes:
• Commercial Items SF 1449.
• Definitions for ``Contract
• Action'' and ``Contracting Action''
• Definitions for Sealed Bid and Negotiated Procurements
• Procurement Integrity Rewrite
• Acquisition of Helium
• HUBZone Program Applicability
• Application of Labor Clauses
Technical Amendments
FAR Proposed Rules issued March 20 – comments due May 20, 2002.
Contract Terms and Conditions to Implement Statutes and Executive Orders
Prohibited Sources
Miscellaneous Cost Principles
March 5, 2002 -- DHHS List of approved drug testing laboratories
February 27, 2002 -- Yucca Mountain Nuclear Repository Recommendation (pdf)
February 20, 2002 -- Public Meeting Notice for March 7 -- BSC Subcommittee on Beryllium report (pdf)
February 14, 2002 --Radiation Dose Reconstruction under EEOICA--extending comment period to March 1 (pdf)
January 25, 2002 -- Atomic Veterans; presumption of service connection (pdf)
January 17, 2002 -- Radiation Dose Reconstruction under EEOICA (pdf)
January 17, 2002 -- Guidelines for Determining Probability of Causation under EEOICA (pdf)
January 4, 2002 -- Proposed Rule on Hazardous Material Safety Data (pdf)
ARCHIVED DEAR 970 (August 4, 2000)


Laws

These are current legislative proposals and existing laws of interest to the M&O contractors.
Homeland Security Department approved
Text of legislation
DOE-related provisions of the FY 2003 Defense Authorization Act (pdf)
• Price-Anderson 2 year extension (Section 3171)
• Safety rules; civil fines; fee reductions (Section 3173)
Price Anderson Act Reauthorization passed by the Senate on March 7, 2002 (Sections 501-509 of S. 517)(pdf)
Price Anderson Act Reauthorization Bill Passed by the House of Representatives on November 28, 2001 (H.R. 2983) (pdf)
Text of the PATRIOT Act (pdf)


Regulations

These are links to on-line regulations.
DOE Acquisition Regulations
Federal Acquisition Regulations (FAR)
DFARS and Agency Supplements (Hill AFB "FAR Site")
Code of Federal Regulations
First.Gov

Decisions


These are links to various court/board decisions of interest to the M&O contractors.
Pit 9 Decision. United States Distriction Court for the District of Idaho. October 29, 2004. District Court upholds termination for default of Lockheed Martin as a subcontractor by the Idaho National Environmental and Engineering Laboratory (INEEL).
Rumsfeld v. General Dynamics (Fed Cir April 29, 2004) - Contractor cannot apportion legal defense cost claims between successfuly defended and settled/losing cases.
US Court of Federal Claims determines that CERCLA costs arising from operations under a terminated cost reimbursable contract may be claimed provided that the indemnification meets the requirements of the Anti-Deficiency Act (ADA). In du Pont, the language clearly intended a broad indemnification, but the court reluctantly found that the ADA barred the claim. Nonetheless, the Court found the claim sufficiently meritorius that it recommended that application be made to the Congress under 28 USC §§1492 and 2509 for relief.
Federal Circuit Court of Appeals reverses ASBCA in Boeing North Am., Inc. v. Roche - allowability of legal defense costs does not depend on whether the expenditure conferred a benefit on the government (html)
ASBCA (3/11/02) decision in Boeing -- mutual mistake regarding allowable costs voids release under cost-reimbursable contract (pdf)
DOE Board of Contract Appeals (10/31/01) decision on Rockwell International -- interpreting "contesting actions" contract language (pdf)
ASBCA (6/21/00 ) decision in Dyncorp construing limitations on legal defense cost reimbursement (pdf)
Comp. Gen. decision in One Source -- offeror's claims history can not be used to lower past performance score (pdf)


Other Documents

These are other documents of interest in M&O contracting.
NNSA draft governance model.
The "Administrative Contract" in Government R&D, Ramey & Erlewine, (1957) (pdf) (10Mb)
Sandia Corporation: A Science-Industry-Government Approach, Prince (1957) (pdf) (6Mb)
The AEC Management Contract, Hiestand & Florsheim (1969) (pdf) (2.7Mb)
A New Era for DOE Contractors and Subcontractors, Hiestand & Madsen (1991) (pdf) (820kb)
Energy Department Contractors and the Environment: A More "Special Relationship", Omer Brown (1990) (pdf) (496kb)



Send mail to Rebekah Bell with questions or comments about this web site.
Copyright © 2000-2005 Department of Energy Contractor Attorneys' Association, Inc.
Last modified: 04/20/08


NOTICE: Anyone using this system consents to monitoring of this use by system personnel.
Please see Disclaimer.

Graphics Created by Free-Buttons.org