[Federal Register Volume 63, Number 75 (Monday, April 20, 1998)]
[Rules and Regulations]
[Pages 19614-19650]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-9659]
[[Page 19613]]
_______________________________________________________________________
Part III
Department of Energy
_______________________________________________________________________
41 CFR Chapter 109
Property Management Regulations; Final Rule
Federal Register / Vol. 63, No. 75 / Monday, April 20, 1998 / Rules
and Regulations
[[Page 19614]]
DEPARTMENT OF ENERGY
41 CFR Ch. 109
RIN 1991-AA28
Property Management Regulations
AGENCY: Department of Energy.
ACTION: Final Rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Energy (DOE) today publishes a final rule to
reissue the Department of Energy Property Management Regulation (DOE-
PMR) in its entirety. This rule updates the DOE-PMR by deleting
obsolete and unnecessary material and incorporating policy and
procedure changes issued previously by the Department through Personal
Property Letters and DOE-PMR Bulletins. This action provides DOE
organizations and DOE contractors an up-to-date, single source for
guidance on personal property management matters peculiar to the
Department. Specific material that is incorporated, revised, or deleted
from the DOE-PMR was summarized in the ``Section-by-Section Analysis''
which appeared in the Notice of Proposed Rulemaking published in the
Federal Register on September 11, 1996. Revisions which resulted from
comments received on the proposed rulemaking are summarized in Section
II ``Comments on the Notice of Proposed Rulemaking.''
EFFECTIVE DATE: This final rule will be effective May 20, 1998.
FOR FURTHER INFORMATION CONTACT: Julia A. Harman, Office of Contract
and Resource Management (HR-53), Office of Procurement and Assistance
Management, Department of Energy, 1000 Independence Avenue, SW.,
Washington, DC 20585 (202) 586-1435.
SUPPLEMENTARY INFORMATION:
I. Background
II. Comments on the Notice of Proposed Rulemaking
III. Procedural Requirements
A. Review Under Executive Order 12866
B. Review Under Executive Order 12988
C. Review Under the Regulatory Flexibility Act
D. Review Under the Paperwork Reduction Act
E. Review Under Executive Order 12612
F. Review Under the National Environmental Policy Act
G. Review Under Small Business Regulatory Enforcement Fairness
Act of 1996
H. Review Under the Unfunded Mandates Reform Act of 1995
I. Background
The DOE-PMR, published at 41 CFR Ch. 109, has not been updated to
reflect interim changes in Departmental personal property management
policy and procedures since 1984. These interim changes, issued through
Personal Property Letters and DOE-PMR Bulletins, were made to comply
with Executive Orders, statutory requirements, and commitments made to
Congress regarding weaknesses identified in the Department's personal
property management practices.
The updating of the DOE-PMR completes phase I of the Department's
two-phased commitment to bring about significant reform of its personal
property management regulations. The phase I objective was to produce
an up-to-date baseline document for use in the reform effort. Having
done that, the phase II effort will concentrate on (a) significantly
reducing and simplifying the personal property regulations in
accordance with Executive Order 12988. Phase II is scheduled to be
completed in calendar year 1998.
II. Comments on the Notice of Proposed Rulemaking
A Notice of Proposed Rulemaking was published in the Federal
Register on September 11, 1996 (61 FR 48006). Interested parties were
invited to participate in this rulemaking by submitting comments. The
public comment period closed on November 12, 1996, a period of 60 days.
During this period, comments were received from one DOE contractor and
one DOE subcontractor employee commenting as a private citizen. The DOE
contractor's comments focused on the Math and Science Equipment Gift
Program covered in Subpart 109-50.2. The contractor recommended that:
1. The following authorities rest with the Head of the Contracting
Activity (HCA), or designee, in lieu of DOE Headquarters: (1) Adding to
the list of eligible equipment at Sec. 109-50.203; and (2) making gifts
exceeding $25,000 cumulative book value to any one institution at
Sec. 109-50.205. We disagree with both recommendations because the
Executive Agencies that own the equipment are responsible for defining
and regulating which specific equipment is eligible. In order to insure
that all aspects of the equipment gift program (including equipment
eligibility determinations and gift making authorizations) are applied
uniformly throughout the Department, these authorities need to be
maintained at the Headquarters level.
2. The limitations in Sec. 109-50.205 be modified to significantly
raise or eliminate the requirement to obtain DOE Headquarters
authorization to make gifts exceeding $25,000 cumulative book value to
any one institution. We disagree with the recommendation for several
reasons. First of all, the distribution of equipment should be made to
those schools with the greatest needs. The threshold is designed to
encourage a fair and equitable distribution of equipment among those
schools. Secondly, without such a threshold some schools would tend to
benefit greatly at the expense of others. We do not believe that to be
the intent of the gift program. Thirdly, since the threshold is based
on book or depreciated value, a significant amount of equipment can be
distributed under the $25,000 threshold. Finally, feedback on the
equipment gift program to date does not indicate that the threshold is
an impediment to meeting the program objectives.
3. Equipment in disposal condition codes 2 (unused-fair) and 5
(used-fair) be made eligible under the program. We disagree with the
recommendation because equipment must be made available to schools at
the lowest possible cost. To that end, the Department should only
provide equipment that can be used ``as is'' for an extended period of
time. The transfer of equipment in fair (i.e., marginal) condition
would burden schools with immediate or near term costs for servicing,
repair, and possible disposal of the equipment. While the
recommendation is well meaning, we view it as counter to the spirit and
intent of the program.
4. Section 109-50.205 be rewritten to remove apparent
contradictions and clarify the hierarchy of distribution to and
eligibility of potential recipients. We agree with the recommendation
and have rewritten the section to clarify the procedure that was
originally established in a July 17, 1995 DOE Headquarters memorandum
that established the equipment gift program.
5. The requirement to forward a copy of each Equipment Gift
Agreement to DOE Headquarters be eliminated or changed to the Head of
the Contracting Activity or designee. We disagree with the
recommendation because the Equipment Gift Agreements are used by DOE
Headquarters (a) to monitor the success of and make adjustments to the
program and (b) as source documents for preparing a report provided by
the Department to the General Services Administration (GSA). The
comments submitted by the DOE subcontractor employee who commented as a
private citizen involved financial accounting issues. Although the
comments were submitted under the rulemaking, the solutions are outside
the scope of the DOE-PMR. The comments were forwarded to the DOE Office
of Financial Policy for consideration as
[[Page 19615]]
proposed changes to DOE accounting directives. DOE field offices were
also invited to submit comments, primarily for consideration under
phase II of the Department's regulatory reform effort. Among the
comments received were several regarding Executive Order 12999, which
replaces Executive Order 12821. Executive Order 12999 will be
implemented upon approval of the Department's implementation plan.
However, a number of the comments were accepted for immediate
implementation because they addressed areas affected by Presidential
directive, recent Federal Property Management Regulation changes issued
by GSA, or minor editorial and technical errors. The revisions made as
a result of these comments are as follows:
1. The word ``capital'' in the term ``capital equipment,'' used
extensively in part 1 of this regulation and defined in Sec. 109-1.100-
50, is removed to eliminate the confusion created by the use of the
same term, with different meaning, by the Department's financial
accounting organization. This change was formalized in a Departmental
memorandum issued on August 29, 1996.
2. The acronyms CPPSR and HR in Sec. 109-1.100-51 are deleted
because neither acronym is used in the text.
3. Deviation requests in Sec. 109-1.110-50 involving aviation
related matters are forwarded by the on-site DOE Aviation Management
Officer, in lieu of the Organizational Property Management Officer, to
the DOE Senior Aviation Management Official.
4. Loans in Sec. 109-1.5102 are approved by the on-site property
administrator when the OPMO is not located at the contractor facility.
5. Identification marking of property in Sec. 109-1.5105 is
expanded to allow the use of ``U.S. DOE'' as an alternative marking
when there is not enough room to mark it as ``U.S. Government
Property.''
6. The applicability of the policy and guidance in subpart 109-1.53
is limited to three categories of high risk personal property because
other Departmental systems and procedures already provide the required
controls for the remaining six categories.
7. The physical inventory requirement for sensitive items in
Sec. 109-1.5109 is modified to reflect changes that were authorized in
Personal Property Letter 970-2 issued on February 23, 1996.
8. By a Presidential Memorandum dated February 10, 1993 Agency
Heads were instructed to ``refrain from authorizing the use of
Government vehicles for * * * deputies for daily home-to-work
transportation.'' Accordingly, the authority for the Deputy Secretary
contained in Sec. 109-6.403(b) is eliminated.
9. Section 109-27.000-50 is deleted because the information in the
section is redundant.
10. The stores inventory turnover ratio in Sec. 109-27.5002 is
corrected to show the proper comparative factors.
11. The subpart 27.51 dealing with precious metals management is
updated to reflect the establishment of the Business Center for
Precious Metals Sales and Recovery.
12. The periodic EHFFP program reviews in Sec. 109-28.5005 are
conducted by the on-site property administrator when the OPMO is not
located at the contractor facility.
13. Part 109-37 dealing with aviation administration is reserved
pending a complete revision of Departmental policies and procedures.
14. Definition of special purpose vehicles in Sec. 109-38.001 is
updated to include all terrain vehicles.
15. Section 109-38.106 is deleted as a result of Federal Property
Management Regulation changes published in FPMR Amendment G-111, dated
October 28, 1996.
16. Section 109-43.307-52(c) is moved to Sec. 109-42.1102-8(a) and
updated to include a reference to the Defense Demilitarization Manual
because it deals with United States Munitions List items subject to
demilitarization.
17. Sections 109-43.4701(a) and 109-44.4701(a) and Secs. 109-
45.1002-2, 109-45.4701, and 109-46.305 are removed as a result of a
FPMR change, published as FPMR Amendment H-196, dated June 24, 1997,
that eliminated several annual reports required by GSA.
18. Section 109-46.201(c) is updated to reflect a FPMR change,
published as FPMR Amendment H-195, dated June 23, 1997, that reduced
the number of Federal Supply Classification Groups on the exchange/sale
authority exclusion list.
19. Section 109-50.106 is updated to delete references to the use
of ADPE tapes and printed catalogs. Both are no longer in use.
Aside from these minor editorial and technical error corrections,
there were no significant revisions to the rulemaking based on the
submitted comments.
20. Subpart 109-50.3 is withdrawn and held in reserve pending
resolution of outstanding issues related to economic development.
III. Procedural Requirements
A. Review Under Executive Order 12866
This regulatory action has been determined not to be a
``significant regulatory action'' under Executive Order 12866,
``Regulatory Planning and Review,'' (58 FR 51735, October 4, 1993).
Accordingly, this action was not subject to review, under that
Executive Order, by the Office of Information and Regulatory Affairs of
the Office of Management and Budget (OMB).
B. Review Under Executive Order 12988
With respect to the review of existing regulations and the
promulgation of new regulations, section 3(a) of Executive Order 12988,
``Civil Justice Reform,'' 61 FR 4729 (February 7, 1996), imposes on
Executive agencies the general duty to adhere to the following
requirements: (1) Eliminate drafting errors and ambiguity; (2) write
regulations to minimize litigation; and (3) provide a clear legal
standard for affected conduct rather than a general standard and
promote simplification and burden reduction. With regard to the review
required by section 3(a), section 3(b) of Executive Order 12988
specifically requires that Executive agencies make every reasonable
effort to ensure that the regulation: (1) Clearly specifies the
preemptive effect, if any; (2) clearly specifies any effect on existing
Federal law or regulation; (3) provides a clear legal standard for
affected conduct while promoting simplification and burden reduction;
(4) specifies the retroactive effect, if any; (5) adequately defines
key terms; and (6) addresses other important issues affecting clarity
and general draftsmanship under any guidelines issued by the Attorney
General. Section 3(c) of Executive Order 12988 requires Executive
agencies to review regulations in light of applicable standards in
section 3(a) and section 3(b) to determine whether they are met or it
is unreasonable to meet one or more of them. DOE has completed the
required review and determined that, to the extent permitted by law,
the regulations meet the relevant standards of Executive Order 12988.
C. Review Under the Regulatory Flexibility Act
The rule was reviewed under the Regulatory Flexibility Act of 1980,
Pub. L. 96-354, which requires preparation of an initial regulatory
flexibility analysis for any rule that is likely to have a significant
economic impact on a substantial number of small entities. In the
background section of the rule, DOE noted that the rule was the first
[[Page 19616]]
phase of a two-phased approach to (1) streamline the personal property
management process and (2) reduce constraints, prescriptive
requirements, and administrative processes on DOE internal operations
and large contractors who manage and operate DOE facilities. Based on
this review, DOE certified that this rule will not have a significant
economic impact on a substantial number of small entities and,
therefore, no regulatory flexibility analysis had been prepared. DOE
did not receive any comments on this certification.
D. Review Under the Paperwork Reduction Act
No new information collection or record keeping requirements are
imposed by this rule. Accordingly, no OMB clearance is required under
the Paperwork Reduction Act of 1980 (44 U.S.C. 3501, et seq.).
E. Review Under Executive Order 12612
Executive Order 12612, entitled ``Federalism,'' 52 FR 41685
(October 30, 1987), requires that regulations, rules, legislation, and
any other policy actions be reviewed for any substantial direct effects
on States, on the relationship between the Federal Government and the
States, or in the distribution of power and responsibilities among
various levels of government. If there are sufficient substantial
direct effects, then the Executive Order requires preparation of a
federalism assessment to be used in all decisions involved in
promulgating and implementing a policy action. DOE has determined that
this rule will not have a substantial direct effect on the
institutional interests or traditional functions of States.
F. Review Under the National Environmental Policy Act
Pursuant to the Council on Environmental Quality Regulations (40
CFR parts 1500-1508), the Department has established guidelines for its
compliance with the provisions of the National Environmental Policy Act
(NEPA) of 1969 (42 U.S.C. 4321, et seq.). Pursuant to Appendix A of
subpart D of 10 CFR part 1021, National Environmental Policy Act
Implementing Procedures (Categorical Exclusion A6), DOE has determined
that this rule is categorically excluded from the need to prepare an
environmental impact statement or environmental assessment.
G. Review Under Small Business Regulatory Enforcement Fairness Act of
1996
As required by 5 U.S.C. 801, DOE will report to Congress
promulgation of the rule prior to its effective date. The report will
state that it has been determined that the rule is not a ``major rule''
as defined by 5 U.S.C. 804(3).
H. Review Under the Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) generally
requires a Federal agency to perform a detailed assessment of costs and
benefits of any rule imposing a Federal mandate with costs to State,
local or tribal governments, or to the private sector, of $100 million
or more. This rulemaking only affects DOE and private sector entities,
and the impact is less than $100 million.
List of Subjects in 41 CFR Chapter 109
Government property management.
Issued in Washington, DC, on March 31, 1998.
Richard H. Hopf,
Deputy Assistant Secretary for Procurement and Assistance Management.
For the reasons set out in the preamble, Chapter 109 of Title 41 of
the Code of Federal Regulations is revised as set forth below:
CHAPTER 109--DEPARTMENT OF ENERGY PROPERTY MANAGEMENT REGULATIONS
SUBCHAPTER A--GENERAL
Part
109-1 Introduction
109-6 Miscellaneous regulations
SUBCHAPTER B--[RESERVED]
SUBCHAPTER C--[RESERVED]
SUBCHAPTER D--[RESERVED]
SUBCHAPTER E--SUPPLY AND PROCUREMENT
109-25 General
109-26 Procurement sources and program
109-27 Inventory management
109-28 Storage and distribution
109-30 Federal catalog system
SUBCHAPTER F--[RESERVED]
SUBCHAPTER G--AVIATION, TRANSPORTATION, AND MOTOR VEHICLES
109-37 [RESERVED]
109-38 Motor equipment management
109-39 Interagency fleet management systems
SUBCHAPTER H--UTILIZATION AND DISPOSAL
109-42 Utilization and disposal of hazardous materials and certain
categories of property
109-43 Utilization of personal property
109-44 Donation of personal property
109-45 Sale, abandonment, or destruction of personal property
109-46 Utilization and disposal of personal property pursuant to
exchange/sale authority
109-48 Utilization, donation, or disposal of abandoned and
forfeited personal property
109-50 Special DOE disposal authorities
SUBCHAPTER A--GENERAL
PART 109-1--INTRODUCTION
Subpart 109-1.1--Regulation System
Sec.
109-1.100-50 Scope of subpart.
109-1.100-51 Definitions and acronyms.
109-1.101 Federal Property Management Regulations System.
109-1.101-50 DOE-PMR System.
109.1.102 Federal Property Management Regulations.
109-1.102-50 DOE-PMRs.
109-1.103 FPMR temporary regulations.
109-1.103-50 DOE-PMR temporary policies and bulletins.
109-1.104 Publication and distribution of FPMR.
109-1.104-50 Publication and distribution of DOE-PMR.
109-1.106 Applicability of FPMR.
109-1.106-50 Applicability of FPMR and DOE-PMR.
109-1.107 Agency consultation regarding FPMR.
109-1.107-50 Consultation regarding DOE-PMR.
109-1.108 Agency implementation and supplementation of FPMR.
109-1.110-50 Deviation procedures.
Subpart 109-1.50--Personal Property Management Program
109-1.5000 Scope of subpart.
109-1.5001 Policy.
109-1.5002 Personal property management program objectives.
Subpart 109-1.51--Personal Property Management Standards and Practices
109-1.5100 Scope of subpart.
109-1.5101 Official use of personal property.
109-1.5102 Maximum use of personal property.
109-1.5103 Loan of personal property.
109-1.5104 Borrowing of personal property.
109-1.5105 Identification marking of personal property.
109-1.5106 Segregation of personal property.
109-1.5107 Physical protection of personal property.
109-1.5108 Personal property records requirements.
109-1.5108-1 Equipment.
109-1.5108-2 Sensitive items.
109-1.5108-3 Stores inventories.
109-1.5108-4 Precious metals.
109-1.5108-5 Administratively controlled items.
109-1.5109 Control of sensitive items.
109-1.5110 Physical inventories of personal property.
109-1.5111 Retirement of property.
109-1.5112 Loss, damage, or destruction of personal property in
possession of DOE direct operations.
109-1.5113 Loss, damage, or destruction of personal property in
possession of designated contractors.
[[Page 19617]]
109-1.5114 Use of non-Government-owned property.
109-1.5148 Personal property management reports.
Subpart 109-1.52--Personal Property Management Program for Designated
Contractors
109-1.5200 Scope of subpart.
109-1.5201 Policy.
109-1.5202 Establishment of a personal property holdings baseline.
109-1.5203 Management of subcontractor-held personal property.
109-1.5204 Review and approval of a designated contractor's
personal property management system.
109-1.5205 Personal property management system changes.
Subpart 109-1.53--Management of High Risk Personal Property
109-1.5300 Scope of subpart.
109-1.5301 Applicability.
109-1.5302 Policies.
109-1.5303 Procedures.
109-1.5304 Deviations.
Authority: Sec. 644, Pub. L. 95-91, 91 Stat. 599 (42 U.S.C.
7254).
SUBCHAPTER A--GENERAL
PART 109-1--INTRODUCTION
Subpart 109-1.1--Regulation System
Sec. 109-1.100-50 Scope of subpart.
This subpart sets forth the Department of Energy (DOE) Property
Management Regulations (DOE-PMR) which establish uniform DOE property
management policies, regulations, and procedures that implement and
supplement the Federal Property Management Regulations. Property
management statutory authorities that are unique to the Department
(e.g., section 161g of the Atomic Energy Act of 1954 (42 U.S.C.
2201(g)) and section 3155 of the National Defense Authorization Act for
Fiscal Year 1994 (42 U.S.C. 72741)) are not addressed in these
regulations.
Sec. 109-1.100-51 Definitions and acronyms.
(a) Definitions. As used in this chapter, the terms personal
property and property are synonymous. In addition, the following
definitions apply:
Administratively controlled items means personal property
controlled at the discretion of individual DOE offices, but for which
there is no DOE requirement to maintain formal records.
Automatic data processing equipment means, as used in this part and
to the extent that such equipment is used to process export controlled
information or unclassified controlled nuclear information, any
equipment or interconnected system or subsystems of equipment that is
used in the automatic acquisition, storage, manipulation, management,
movement, control, display, switching, interchange, transmission, or
reception of data or information.
Designated contractors means those on-site DOE contractors to which
the DOE-PMR is made applicable when included as a contractual
requirement. The contractors to which these regulations may be made
applicable include management and operating (M&O) contractors,
environmental restoration and management contractors, and other major
prime contractors located at DOE sites.
Direct operations means operations conducted by DOE personnel.
Disposal means the process of reutilizing, transferring, donating,
selling, abandoning, destroying, or other disposition of Government-
owned personal property.
Dual-Use List means nuclear-related material, equipment, and
related technology as described in the International Atomic Energy
Agency Information Circular (INFCIRC) 254 Part 2.
Equipment means any item of personal property having a unit
acquisition cost of $5,000 or more and having the potential for
maintaining its integrity (i.e., not expendable due to use) as an item.
Especially designed or prepared property means equipment and
material designed or prepared especially for use in the nuclear fuel
cycle and described in the Nuclear Suppliers Group Trigger List
(INFCIRC 254 Part 1).
Export controlled information means unclassified U.S. Government
information under DOE cognizance that, if proposed for export by the
private sector, would require a U.S. Department of Commerce or U.S.
Department of State validated license, or a DOE authorization for
export, and which, if given uncontrolled release, could reasonably be
expected to adversely affect U.S. national security or nuclear
nonproliferation objectives.
Export controlled property means property the export of which is
subject to licensing by the U.S. Department of Commerce, the U.S.
Department of State, the U.S. Nuclear Regulatory Commission, or
authorized by the U.S. Department of Energy.
Hazardous property means any personal property, including scrap or
waste but excluding property involving a radiological hazard, that is
ignitable, corrosive, reactive, or toxic because of its quantity,
concentration, or physical, chemical, or infectious characteristics, or
that is deemed a hazardous material, chemical substance or mixture, or
hazardous waste under the Hazardous Material Transportation Act, the
Resource Conservation and Recovery Act, or the Toxic Substances Control
Act. Such property may be in solid, liquid, semi-liquid, or contained
gas form and may cause or significantly contribute to an increase in
mortality or illness, or pose present or potential hazard to human
health or the environment when improperly used, treated, stored,
transported, disposed of, or mismanaged.
Heads of field organizations means the heads of any Departmental
office located outside the Washington, D.C. metropolitan area. In
addition, the Federal Energy Regulatory Commission, and the Office of
Headquarters Procurement Operations, shall be considered a field
organization for purposes of these regulations.
High risk personal property means property that, because of its
potential impact on public health and safety, the environment, national
security interests, or proliferation concerns, must be controlled, and
disposed of in other than the routine manner. The categories of high
risk property are automatic data processing equipment, especially
designed or prepared property, export controlled information, export
controlled property, hazardous property, nuclear weapon components or
weapon-like components, proliferation sensitive property, radioactive
property, special nuclear material, and unclassified controlled nuclear
information.
Munitions list means articles, services, and related technical data
designated as defense articles and defense services by the Arms Export
Control Act of 1968, as amended.
Nuclear weapon component or weapon-like component means parts of
whole war reserve nuclear weapon systems, joint test assemblies,
trainers, or test devices, including associated testing, maintenance,
and handling equipment; or items that simulate such parts.
Personal property means property of any kind, except for real
estate and interests therein (such as easements and rights-of-way), and
permanent fixtures which are Government-owned, chartered, rented, or
leased from commercial sources by and in the custody of DOE or its
designated contractors; source, byproduct, special nuclear materials,
and atomic weapons as defined in section 11 of the Atomic Energy Act of
1954 (42 U.S.C. 2014), as amended; and petroleum in the Strategic
Petroleum Reserve and the Naval Petroleum Reserves.
[[Page 19618]]
Personal property management means the development, implementation,
and administration of policies, standards, programs, practices and
procedures for effective and economical acquisition, receipt, storage,
issue, use, control, physical protection, care and maintenance,
determination of requirements, maintenance of related operating
records, and disposal of personal property (exclusive of the property
accounting records).
Proliferation-sensitive property means nuclear-related or dual-use
equipment, material, or technology as described in the Nuclear
Suppliers Group Trigger List and Dual-Use List, or equipment, material
or technology used in the research, design, development, testing, or
production of nuclear or other weapons.
Radioactive property means any item or material that is
contaminated with radioactivity and which emits ionizing radiation in
excess of background radiation as measured by appropriate
instrumentation.
Sensitive items means those items of personal property which are
considered to be susceptible to being appropriated for personal use or
which can be readily converted to cash, for example: Firearms, portable
photographic equipment, binoculars, portable tape recorders, portable
calculators, portable power tools, portable computers, and portable
communications equipment.
Special nuclear material means plutonium, uranium 233, uranium
enriched in the isotope 233 or 235, any other materials which the
Nuclear Regulatory Commission pursuant to the Atomic Energy Act of
1954, as amended, determines to be special nuclear material, or any
material artificially enriched by any of the foregoing, but does not
include source material.
Trigger List means nuclear material, equipment, and related
technology as described in the INFCIRC 254, Part 1.
Unclassified controlled nuclear information means U.S. Government
information pertaining to atomic energy defense activities as defined
in section 148 of the Atomic Energy Act. Such information can relate to
aspects of nuclear weapons design, development, testing, physical
security, production, or utilization facilities.
(b) Acronyms. As used in this chapter, the following acronyms
apply:
ADPE: Automatic Data Processing Equipment
CFR: Code of Federal Regulations
CSC: Customer Supply Center
DEAR: Department of Energy Acquisition Regulation
DOD: Department of Defense
DOE: Department of Energy
DOE-PMR: Department of Energy Property Management Regulations
DPMO: Departmental Property Management Officer
ECCN: Export Control Classification Number
ECI: Export Controlled Information
EHFFP: Equipment Held For Future Projects
EOQ: Economic Order Quantity
ERLE: Energy-Related Laboratory Equipment
FAR: Federal Acquisition Regulation
FPMR: Federal Property Management Regulations
FSC: Federal Supply Classification
FSCG: Federal Supply Classification Group
GAO: General Accounting Office
GSA: General Services Administration
GVWR: Gross Vehicle Weight Rating
INFCIRC: International Atomic Energy Agency Information Circular
IFMS: Interagency Fleet Management System
M&O: Management and Operating
MCTL: Military Critical Technologies List
OCRM: Office of Contract and Resource Management
OPMO: Organizational Property Management Officer
OPSEC: Operations Security
PPL: Personal Property Letter
REAPS: Reportable Excess Automated Property System
SNM: Special Nuclear Material
UCNI: Unclassified Controlled Nuclear Information
U.S.C.: United States Code
Sec. 109-1.101 Federal Property Management Regulations System.
Sec. 109-1.101-50 DOE-PMR System.
The DOE-PMR system described in this subpart is established to
provide uniform personal property management policies, standards, and
practices within the Department.
Sec. 109-1.102 Federal Property Management Regulations.
Sec. 109-1.102-50 DOE-PMRs.
The DOE-PMRs (41 CFR Ch. 109) implements and supplements the FPMR
(41 CFR Ch. 101) issued by the General Services Administration (GSA),
Public Laws, Executive Orders, Office of Management and Budget
directives, and other agency issuances affecting the Department's
personal property management program.
Sec. 109-1.103 FPMR temporary regulations.
Sec. 109-1.103-50 DOE-PMR temporary policies and bulletins
(a) Subject to applicable procedural requirements in 41 U.S.C.
418b, 42 U.S.C 7191 and 5 U.S.C 553, Personal Property Letters are
authorized for publication of temporary policies that should not be
codified in the Code of Federal Regulations (CFR).
(b) DOE-PMR Bulletins are used to disseminate information
concerning personal property management matters not affecting policy or
to clarify instructions in actions required by the FPMR or DOE-PMR.
Sec. 109-1.104 Publication and distribution of FPMR.
Sec. 109-1.104-50 Publication and distribution of DOE-PMR.
The DOE-PMR will be published in the Federal Register and will
appear in the CFR as Chapter 109 of Title 41, Public Contracts and
Property Management. Loose leaf publications of the DOE-PMR will be
distributed to DOE offices.
Sec. 109-1.106 Applicability of FPMR.
Sec. 109-1.106-50 Applicability of FPMR and DOE-PMR.
(a) The FPMR and DOE-PMR apply to all direct operations.
(b) The DOE-PMR does not apply to facilities and activities
conducted under Executive Order 12344 and Pub. L. 98-525.
(c) Unless otherwise provided in the appropriate part or subpart,
the FPMR and DOE-PMR apply to designated contractors.
(d) The Procurement Executive or head of a contracting activity may
designate contractors other than designated contractors to which the
FPMR and DOE-PMR apply.
(e) The FPMR and DOE-PMR shall be used by contracting officers in
the administration of applicable contracts, and in the review,
approval, or appraisal of such contractor operations.
(f) Regulations for the management of Government property in the
possession of other DOE contractors are contained in the Federal
Acquisition Regulation (FAR), 48 CFR part 45, and in the DOE
Acquisition Regulation (DEAR), 48 CFR part 945.
(g) Regulations for the management of personal property held by
financial assistance recipients are contained in the DOE Financial
Assistance Rules (10 CFR part 600) and DOE Order 534.1, Accounting.
Sec. 109-1.107 Agency consultation regarding FPMR.
Sec. 109-1.107-50 Consultation regarding DOE-PMR.
The DOE-PMR shall be fully coordinated with all Departmental
elements substantively concerned with the subject matter.
Sec. 109-1.108 Agency implementation and supplementation of FPMR.
(a) The DOE-PMR includes basic and significant Departmental
personal property management policies and standards which implement,
supplement, or deviate from the FPMR.
[[Page 19619]]
In the absence of any DOE-PMR issuance, the basic FPMR material shall
govern.
(b) The DOE-PMR shall be consistent with the FPMR and shall not
duplicate or paraphrase the FPMR material.
(c) Implementing procedures, instructions, and guides which are
necessary to clarify or to implement the DOE-PMR may be issued by
Headquarters or field organizations, provided that the implementing
procedures, instructions and guides:
(1) Are consistent with the policies and procedures contained in
this regulation;
(2) To the extent practicable, follow the format, arrangement, and
numbering system of this regulation; and
(3) Contain no material which duplicates, paraphrases, or is
inconsistent with the contents of this regulation.
Sec. 109-1.110-50 Deviation procedures.
(a) Each request for deviation shall contain the following:
(1) A statement of the deviation desired, including identification
of the specific paragraph number(s) of the DOE-PMR;
(2) The reason why the deviation is considered necessary or would
be in the best interest of the Government;
(3) If applicable, the name of the contractor and identification of
the contractor affected;
(4) A statement as to whether the deviation has been requested
previously and, if so, circumstances of the previous request;
(5) A description of the intended effect of the deviation;
(6) A statement of the period of time for which the deviation is
needed; and
(7) Any pertinent background information which will contribute to a
full understanding of the desired deviation.
(b)(1) Requests for deviations from applicable portions of the FPMR
and DOE-PMR (except aviation related portions) shall be forwarded with
supporting documentation by the Organizational Property Management
Officer (OPMO) to the Departmental Property Management Officer (DPMO).
(2) Requests for deviations from aviation related portions of the
FPMR and DOE-PMR concerning aviation operations shall be forwarded by
the OPMO or on-site DOE Aviation Management Officer with supporting
documentation to the DOE Senior Aviation Management Official.
(c) The Deputy Assistant Secretary for Procurement and Assistance
Management is authorized to grant deviations to the DOE-PMR.
(d) Requests for deviations from the FPMR will be coordinated with
GSA by the DPMO.
Subpart 109-1.50--Personal Property Management Program
Sec. 109-1.5000 Scope of subpart.
This subpart supplements the FPMR, states DOE personal property
management policy and program objectives, and prescribes authorities
and responsibilities for the conduct of an efficient personal property
management program in DOE.
Sec. 109-1.5001 Policy.
It is DOE policy that a program for the management of personal
property shall be established and maintained to meet program needs
efficiently and in accordance with applicable Federal statutes and
regulations.
Sec. 109-1.5002 Personal property management program objectives.
The objectives of the DOE personal property management program are
to provide:
(a) A system for efficiently managing personal property in the
custody or possession of DOE organizations and designated contractors;
and
(b) Uniform principles, policies, and standards for efficient
management of personal property that are sufficiently broad in scope
and flexible in nature to facilitate adaptation to local needs and
various kinds of operations.
Subpart 109-1.51--Personal Property Management Standards and Practices
Sec. 109-1.5100 Scope of subpart.
This subpart provides guidance on DOE standards and practices to be
applied in the management of personal property. The standards and
practices that apply to equipment shall be based on the unit
acquisition cost threshold specified in the definition of equipment
contained in section Sec. 109-1.100-51 of this part. No other
acquisition cost threshold shall apply.
Sec. 109-1.5101 Official use of personal property.
Personal property shall be used only in the performance of official
work of the United States Government, except:
(a) In emergencies threatening loss of life or property as
authorized by law;
(b) As otherwise authorized by law and approved by the Director,
Office of Administrative Services; heads of field organizations for
their respective organizations; or a contracting officer for
contractor-held property.
Sec. 109-1.5102 Maximum use of personal property.
Personal property management practices shall assure the best
possible use of personal property. Supplies and equipment shall be
generally limited to those items essential for carrying out the
programs of DOE efficiently.
Sec. 109-1.5103 Loan of personal property.
(a) Personal property which is not excess and would otherwise be
out of service for temporary periods may be loaned to other DOE offices
and contractors, other Federal agencies, and to others for official
purposes. The loan request shall be in writing, stating the purpose of
the loan and period of time required. The loan shall be executed on DOE
Form 4420.2, Personal Property Loan Agreement or computer generated
equivalent when approved in writing by the OPMO or on-site DOE property
administrator. When approved, a memorandum transmitting the loan
agreement shall be prepared identifying the loan period, delivery time,
method of payment and transportation, and point of delivery and return,
to ensure proper control and protect DOE's interest. The loan period
shall not exceed one year, but may be renewed in one year increments.
Second renewals of loan agreements shall be reviewed and justified at a
level of management at least two levels above that of the individual
making the determination to loan the property. Third renewals shall be
approved by the head of the field organization or designee.
(b) Requests for loans to foreign Governments and other foreign
organizations shall be submitted to the Deputy Assistant Secretary for
International Energy Policy, Trade and Investment for approval, with a
copy to the cognizant Headquarters program office.
Sec. 109-1.5104 Borrowing of personal property.
(a) DOE organizations and designated contractors are encouraged to
borrow personal property within DOE to further DOE programs. Property
classified as Equipment Held For Future Projects (EHFFP) or as In
Standby should be reviewed by those receiving availability inquiries
for short-term use (one year or less). Borrowing of Government personal
property from other Federal agencies is also encouraged when required
for short periods of time. Such transactions shall be covered by
written agreements which include all terms of the transaction.
(b) In determining whether it is practical and economical to borrow
personal property, consideration shall
[[Page 19620]]
be given to suitability, condition, value, extent and nature of use,
extent of availability, portability, cost of transportation, and other
similar factors.
(c) Adequate records and controls shall be established and
maintained for borrowed property to ensure its proper control and
prompt return to the lender.
Sec. 109-1.5105 Identification marking of personal property.
(a) Personal property shall be marked ``U.S. Government property''
(if marking space is limited, property may be marked ``U.S. DOE'')
subject to the criteria below. The markings shall be securely affixed
to the property, legible, and conspicuous. Examples of appropriate
marking media are bar code labels, decals, and stamping.
(1) Equipment and sensitive items shall be marked ``U.S. Government
property'' and numbered for control purposes.
(2) Administratively controlled property and other personal
property susceptible to unauthorized personal use should be marked
``U.S. Government property'' and numbered for control purposes.
(b) Personal property which by its nature cannot be marked, such as
stores items, metal stock, etc., is exempted from this requirement.
(c) To the extent practicable and economical, markings shall be
removed prior to disposal outside of DOE, or, if removal is
impractical, additional permanent markings must be added to indicate
such disposal.
Sec. 109-1.5106 Segregation of personal property.
Ordinarily, contractor-owned personal property shall be segregated
from Government personal property. Commingling of Government and
contractor-owned personal property may be allowed only when:
(a) The segregation of the property would materially hinder the
progress of the work (i.e., segregation is not feasible for reasons
such as small quantities, lack of space, or increased costs); and
(b) Control procedures are adequate (i.e., the Government property
is specifically marked or otherwise identified as Government property).
Sec. 109-1.5107 Physical protection of personal property.
Controls such as property pass systems, memorandum records, regular
or intermittent gate checks, and/or perimeter fencing shall be
established as appropriate to prevent loss, theft, or unauthorized
removal of property from the premises on which such personal property
is located.
Sec. 109-1.5108 Personal property records requirements.
The contractor's property control records shall provide the
following basic information for every accountable item of Government
personal property in the contractor's possession and any other data
elements required by specific contract provisions:
(a) Contract number or equivalent code designation.
(b) Asset type.
(c) Description of item (name, serial number, national stock number
(if available)).
(d) Property control number (Government ownership identity).
(e) Unit acquisition cost (including delivery and installation
cost, when appropriate, and unit of measure).
(f) Acquisition document reference and date.
(g) Manufacturer's name, model and serial number.
(h) Quantity received, fabricated, issued or on hand.
(i) Location (physical area)
(j) Custodian name and organization code.
(k) Use status (active, storage, excess, etc.)
(l) High risk designation.
(m) Disposition document reference and date.
Sec. 109-1.5108-1 Equipment.
An individual property record will be developed and maintained for
each item of equipment.
Sec. 109-1.5108-2 Sensitive items.
Individual item records will be maintained for each sensitive item.
Minimum dollar value thresholds for controlling sensitive items, if
used, will be determined by the OPMO for each DOE organization in
consultation with appropriate management officials. This threshold may
be applied organization-wide or by individual contractors or location.
Identification of types of property meeting the DOE-PMR definition of
sensitive property should be the primary determinant of sensitive
category, with dollar thresholds, if any, considered as a guideline
only. Sensitive items which are also equipment will be controlled as
both sensitive items and equipment.
Sec. 109-1.5108-3 Stores inventories.
Perpetual inventory records are to be maintained for stores
inventory items.
Sec. 109-1.5108-4 Precious metals.
Perpetual inventory records are to be maintained for precious
metals.
Sec. 109-1.5108-5 Administratively controlled items.
No formal property management records are required to be maintained
for this category of personal property, which includes such items as
those controlled for calibration or maintenance purposes, contaminated
property, tool crib items, and equipment pool items. Various control
records can be employed to help safeguard this property against waste
and abuse, including purchase vs. use information, tool crib check-
outs, loss and theft reports, calibration records, disposal records,
and other similar records. Control techniques would include physical
security, custodial responsibility, identification/marking, or other
locally established control techniques.
Sec. 109-1.5109 Control of sensitive items.
(a) A list of types of personal property considered to be sensitive
shall be developed and maintained by each DOE activity/site, taking
into consideration value, costs of administration, need for control,
and other factors that management determines should apply.
(b) Items of equipment which are also designated as sensitive items
will be controlled as sensitive items and as equipment.
(c) Written procedures shall be established for control of
sensitive items and shall address:
(1) Approval of purchase requisitions or issue documents at an
appropriate supervisory level;
(2) Establishment of controls in the central receiving and
warehousing department, such as extraordinary physical protection,
handling, and maintenance of a current listing of sensitive items;
(3) Establishment and maintenance of appropriate records;
(4) Requirement for tagging and identification;
(5) Use of memorandum receipts or custody documents at time of
assignment or change in custody;
(6) Establishment of custodial responsibilities describing:
(i) Need for extraordinary physical protection;
(ii) Requirement for efficient physical and administrative control
of sensitive items assigned for general use within an organizational
unit as appropriate to the type of property and the circumstances;
(iii) Requirement for prompt reporting and investigation of loss,
damage or destruction; and
(iv) Requirement for promptly reporting changes in custody.
(7) Requirement for periodic physical inventories (see Sec. 109-
1.5110 of this part).
[[Page 19621]]
(8) Requirement for an employee transfer or termination check-out
procedure and examination and adjustment of records;
(9) Reminder of prohibition of use for other than official purposes
and penalties for misuse;
(10) A clear statement of the extent of responsibility for
financial accountability depending upon contractor policy; and
(11) Other procedures which have demonstrated efficient physical
and administrative control over sensitive items.
Sec. 109-1.5110 Physical inventories of personal property.
(a) Physical inventories of those categories of personal property
as specified in paragraph (f) of this section shall be conducted at all
DOE and designated contractor locations.
(b) Physical inventories shall be performed by the use of personnel
other than custodians of the property. Where staffing restraints or
other considerations apply, the inventory may be performed by the
custodian with verification by a second party.
(c) Detailed procedures for the taking of physical inventories
shall be developed for each DOE office and designated contractor. The
OPMO shall review and approve the DOE office and contractor procedures.
(d) The conduct of a physical inventory will be observed, or
follow-on audits made, by independent representatives, e.g., finance,
audit, or property personnel, to the extent deemed necessary to assure
that approved procedures are being followed and results are accurate.
These observations or audits shall be documented and the documentation
retained in the inventory record file.
(e) Procedures that are limited to a check-off of a listing of
recorded property without actual verification of the location and
existence of such property do not meet the requirements of a physical
inventory.
(f) The frequency of physical inventories of personal property
shall be as follows:
(1) Equipment--biennial.
(2) Sensitive items--annual (see paragraph 109-1.5110(l) of this
section).
(3) Stores inventories--annual.
(4) Precious metals--annual.
(5) Administratively controlled items--There is no formal
Department requirement for the performance of physical inventories of
this property. However, OPMOs should determine such requirements based
on management needs.
(g) Physical inventories shall be performed at intervals more
frequently than required when experience at any given location or with
any given item or items indicates that this action is necessary for
effective property accounting, utilization, or control.
(h) Physical inventories of equipment may be conducted by the
``inventory by exception'' method. The system and procedures for taking
physical inventories by this method must be fully documented and
approved in writing by the OPMO.
(i) The results of physical inventories shall be reconciled with
the property records, and with applicable financial control accounts.
(j) The results of physical inventories shall be reported to the
OPMO within 30 days after the reconciliation required above.
(k) Physical inventories of equipment and stores inventories may be
conducted using statistical sampling methods in lieu of the normal
wall-to-wall method. The sampling methods employed must be
statistically valid and approved in writing by the OPMO. If use of the
statistical methods of physical inventory does not produce acceptable
results, the wall-to-wall method shall be used to complete the
inventories.
(l) Physical inventories of sensitive items (excluding arms,
ammunition, and military property) having an acquisition cost of $2,000
or less may also be conducted using statistical sampling methods.
However if statistical sampling methods are used, a wall-to-wall
inventory is required no less frequently than every three years and at
contract completion (unless there is a follow-on contract with the same
contractor).
Sec. 109-1.5111 Retirement of property.
When Government property is worn out, lost, stolen, destroyed,
abandoned, or damaged beyond economical repair, it shall be listed on a
retirement work order. A full explanation shall be supported by an
investigation, if necessary, as to the date and circumstances
surrounding the wear, loss, theft, destruction, abandonment, or damage.
The retirement work order shall be signed by the responsible official
initiating the report and reviewed and approved by an official at least
one supervisory level above the official initiating the report.
Sec. 109-1.5112 Loss, damage, or destruction of personal property in
possession of DOE direct operations.
DOE offices shall establish procedures to provide for the
reporting, documentation, and investigation of instances of loss,
damage, or destruction of personal property including:
(a) Notification to appropriate DOE organizations and law
enforcement offices;
(b) Determination of cause or origin;
(c) Liability and responsibility for repair or replacement; and
(d) Actions taken to prevent further loss, damage, or destruction,
and to prevent repetition of similar incidents.
Sec. 109-1.5113 Loss, damage, or destruction of personal property in
possession of designated contractors.
(a) Designated contractors shall report any loss, damage, or
destruction of personal property in its possession or control,
including property in the possession or control of subcontractors, to
the property administrator as soon as it becomes known.
(b) When physical inventories, consumption analyses, or other
actions disclose consumption of property considered unreasonable by the
property administrator; or loss, damage, or destruction of personal
property not previously reported by the contractor, the property
administrator shall require the contractor to investigate the incidents
and submit written reports.
(c) Reports of physical inventory results and identified
discrepancies shall be submitted to the property administrator within
90 days of completion of physical inventories. An acceptable percentage
of shrinkage for stores inventories shall be determined by the property
administrator on a location-by-location basis, based on type and cost
of materials, historical data, and other site-specific factors. This
determination shall be in writing and be supported by appropriate
documentation.
(d) The contractor's report referenced above shall contain factual
data as to the circumstances surrounding the loss, damage, destruction
or excessive consumption, including:
(1) The contractor's name and contract number;
(2) A description of the property;
(3) Cost of the property, and cost of repairs in instances of
damage (in event actual cost is not known, use reasonable estimate);
(4) The date, time (if pertinent), and cause or origin; and
(5) Actions taken by the contractor to prevent further loss,
damage, destruction, or unreasonable consumption, and to prevent
repetition of similar incidents.
(e) The property administrator shall ensure that the corrective
actions taken by the contractor under paragraph (d)(5) of this section
satisfactorily address system weaknesses.
(f) The contracting officer shall make a determination of
contractor liability
[[Page 19622]]
with a copy of the determination furnished to the contractor and the
property administrator. Costs may be assessed against a contractor for
physical inventory discrepancies or other instances of loss of
Government property within the terms of the contract. Credit should
only be applied if specific items reported as lost can be uniquely
identified. General physical inventory write-ons are not to be used as
a credit.
(g) If part of a designated contractor's personal property
management system is found to be unsatisfactory, the property
administrator shall increase surveillance of that part to prevent, to
the extent possible, any loss, damage, destruction or unreasonable
consumption of personal property. The property administrator shall give
special attention to reasonably assuring that any loss, damage,
destruction or unreasonable consumption occurring during a period when
a contractor's personal property management system is not approved is
identified before approval or reinstatement of approval.
Sec. 109-1.5114 Use of non-Government-owned property.
Non-Government-owned personal property shall not be installed in,
affixed to, or otherwise made a part of any Government-owned personal
property when such action will adversely affect the operation or
condition of the Government property.
Sec. 109-1.5148 Personal property management reports.
Reports to be submitted to the DPMO are listed in Table 1:
Table 1
----------------------------------------------------------------------------------------------------------------
Report title Due at DOE headquarters References Form No.
----------------------------------------------------------------------------------------------------------------
(1) Report of Exempted Motor On request............. FPMR 101-38.204-4, DOE-PMR Letter.
Vehicles. 109-38.204-4.
(2) Agency Report of Motor Vehicle Oct. 31................ FPMR 101-38.903, DOE-PMR 109- SF 82.
Data. 38.903.
(3) Excess Personal Property Nov. 15................ FPMR 101-43.4701(c), DOE-PMR Letter.
Furnished to Non-Federal Recipients. 109-43.4701(c).
(4) Negotiated Sales................ Nov. 15................ FPMR 101-45.4702, DOE-PMR Letter.
109-45.4702.
----------------------------------------------------------------------------------------------------------------
Subpart 109-1.52--Personal Property Management Program for
Designated Contractors
Sec. 109-1.5200 Scope of subpart.
This subpart prescribes policy and responsibilities for the
establishment, maintenance, and appraisal of designated contractors'
programs for the management of personal property.
Sec. 109-1.5201 Policy.
(a) Designated contractors shall establish, implement, and maintain
a system that provides for an efficient personal property management
program. The system shall be consistent with the terms of the contract;
prescribed policies, procedures, regulations, statutes, and
instructions; and directions from the contracting officer.
(b) Designated contractors' personal property management systems
shall not be considered acceptable until reviewed and approved in
writing by the cognizant DOE contracting office in accordance with
Sec. 109-1.5205 of this subpart.
(c) Designated contractors shall maintain their personal property
management systems in writing. Revisions to the systems shall be
approved in writing by the cognizant DOE contracting office in
accordance with Sec. 109-1.5205 of this subpart.
(d) Designated contractors shall include their personal property
management system in their management surveillance or internal review
program in order to identify weaknesses and functions requiring
corrective action.
(e) Designated contractors are responsible and accountable for all
Government personal property in the possession of subcontractors, and
shall include appropriate provisions in their subcontracts and property
management systems to assure that subcontractors establish and maintain
efficient systems for the management of Government personal property in
their possession in accordance with Sec. 109-1.5204 of this subpart.
Sec. 109-1.5202 Establishment of a personal property holdings
baseline.
(a) If the contractor is a new designated contractor, the
contractor may accept the previous contractor's personal property
records as a baseline or may perform a complete physical inventory of
all personal property. This physical inventory is to be performed
within the time period specified by the contracting officer or the
contract, but no later than one year after the execution date of the
contract. If the physical inventory is not accomplished within the
allotted time frame, the previous contractor's records will be
considered as the baseline.
(b) If any required physical inventories have not been accomplished
within the time periods prescribed in Sec. 109-1.5110(f) of this part,
the new contractor shall either perform such physical inventories
within 120 days of contract renegotiation, or accept the existing
property records as the baseline.
Sec. 109-1.5203 Management of subcontractor-held personal property.
Designated contractors shall require those subcontractors provided
Government-owned personal property to establish and maintain a system
for the management of such property. As a minimum, a subcontractor's
personal property management system shall provide for the following:
(a) Adequate records.
(b) Controls over acquisitions.
(c) Identification as Government-owned personal property.
(d) Physical inventories.
(e) Proper care, maintenance, and protection.
(f) Controls over personal property requiring special handling
(i.e., nuclear-related, proliferation-sensitive, hazardous, or
contaminated property).
(g) Reporting, redistribution, and disposal of excess and surplus
personal property.
(h) Accounting for personal property that is lost, damaged,
destroyed, stolen, abandoned, or worn out.
(i) Periodic reports, including physical inventory results and
total acquisition cost of Government property.
(j) An internal surveillance program, including periodic reviews,
to ensure that personal property is being managed in accordance with
established procedures.
Sec. 109-1.5204 Review and approval of a designated contractor's
personal property management system.
(a) An initial review of a designated contractor's personal
property management system shall be performed
[[Page 19623]]
by the property administrator within one year after the execution date
of the contract, except for contract extensions or renewals or when an
existing contractor has been awarded a follow-on contract. The purpose
of the review is to determine whether the contractor's system provides
adequate protection, maintenance, utilization, and disposition of
personal property, and reasonable assurance that the Department's
personal property is safeguarded against waste, loss, unauthorized use,
or misappropriation, in accordance with applicable statutes,
regulations, contract terms and conditions, programmatic needs, and
good business practices. If circumstances preclude completion of the
initial review within the ``within one year'' initial review
requirement, the property administrator shall request a deviation from
the requirement in accordance with the provisions of Sec. 109-1.110-50
of this part.
(b) If a designated contractor is the successor to a previous
designated contractor and the contract award was based in part on the
contractor's proposal to overhaul the existing personal property
management system(s), the ``within one year'' initial review
requirement may be extended based on:
(1) The scope of the overhaul; and
(2) An analysis of the cost to implement the overhaul within a year
versus a proposed extended period.
(c) When an existing contract has been extended or renewed, or the
designated contractor has been awarded a follow-on contract, an initial
review of the contractor's personal property management system is not
required. In such cases, the established appraisal schedule will
continue to be followed as prescribed in paragraph (d) of this section.
(d) At a minimum of every three years after the date of approval of
a designated contractor's property management system, the OPMO shall
make an appraisal of the personal property management operation of the
contractor. The purpose of the appraisal is to determine if the
contractor is managing personal property in accordance with its
previously approved system and procedures, and to establish whether
such procedures are efficient. The appraisal may be based on a formal
comprehensive appraisal or a series of formal appraisals of the
functional segments of the contractor's operation.
(e) A designated contractor's property management system shall be
approved, conditionally approved, or disapproved in writing by the head
of the field organization with advice of the contracting officer,
property administrator, OPMO, legal counsel, DPMO, and appropriate
program officials. Approval authority may be redelegated to the
contracting officer or contracting officer's designee. Conditional
approval and disapproval authority cannot be redelegated. When a system
is conditionally approved or disapproved, the property administrator or
contracting officer shall advise the contractor, in writing, of
deficiencies that need to be corrected, and a time schedule established
for completion of corrective actions.
(f) Appropriate follow-up will be made by the property
administrator to ensure that corrective actions have been initiated and
completed.
(g) When a determination has been made by the property
administrator that all major system deficiencies identified in the
review or appraisal have been corrected, the head of the field
organization shall withdraw the conditional approval or disapproval,
and approve the system with the concurrence of the OPMO. The approval
shall be in writing and addressed to appropriate contractor management.
(h) The property administrator shall maintain a copy of all
designated contractor personal property management system appraisals
and approvals in such manner as to be readily available to
investigative and external review teams.
Sec. 109-1.5205 Personal property management system changes.
Any proposed significant change to a designated contractor's
approved personal property management system shall be reviewed by the
property administrator at the earliest possible time. Such changes
should then be approved in writing on an interim basis, or disapproved
in writing, by the property administrator as appropriate.
Subpart 109-1.53--Management of High Risk Personal Property
Sec. 109-1.5300 Scope of subpart.
(a) This subpart provides identification, accounting, control, and
disposal policy guidance for the following categories of high risk
personal property: especially designed or prepared property, export
controlled property, nuclear weapon components or weapon-like
components, and proliferation sensitive property. The guidance is
intended to ensure that the disposition of these categories of high
risk personal property does not adversely affect the national security
or nuclear nonproliferation objectives of the United States.
(b) The other categories of high risk personal property are
controlled by other life cycle management programs and procedures
monitored by other Departmental elements.
Sec. 109-1.5301 Applicability.
This subpart is applicable to all DOE organizations which purchase,
manage or dispose of Government personal property, or contract for the
management of Government facilities, programs, or related services,
which may directly or indirectly require the purchase, management, or
disposal of Government-owned personal property. Using the high risk
personal property control requirements in this subpart as guidance,
heads of field organizations or OPMOs shall assure that designated
contractors and financial assistance recipients are responsible for
developing a cost effective high risk property management system,
covering all operational responsibilities enumerated in this subpart.
Sec. 109-1.5302 Policies.
(a) It is the responsibility of DOE organizations and designated
contractors to manage and control Government-owned high risk personal
property in an efficient manner. High risk personal property will be
managed throughout its life cycle so as to protect public and DOE
personnel safety and to advance the national security and the nuclear
nonproliferation objectives of the U.S. Government.
(b) The disposition of high risk property is subject to special
considerations. Items of high risk property may present significant
risks to the national security and nuclear nonproliferation objectives
of the Government which must be evaluated. Organizations will identify
high risk property and control its disposition to eliminate or mitigate
such risks. In no case shall property be transferred or disposed unless
it receives a high risk assessment and is handled accordingly.
Sec. 109-1.5303 Procedures.
(a) Identification, marking and control. To ensure the appropriate
treatment of property at its disposal and to prevent inadvertent,
uncontrolled release of high risk property, property should be assessed
and evaluated as high risk property as early in its life cycle as
practical.
(1) Newly acquired high risk personal property shall be identified
and tracked during the acquisition process and marked upon receipt.
(2) All personal property shall be reviewed for high risk
identification, marking, and database entry during
[[Page 19624]]
regularly scheduled physical inventories, unless access to the property
is difficult or impractical because the property is a component of a
larger assembly, a complex operating system, or an older facility. The
review of this property will be completed, prior to disposition, when
replacing components or when operating systems and facilities are
decommissioned and dismantling.
(3) High risk personal property which by its nature cannot be
marked, such as stores items and metal stock, is exempt from this
requirement. However, personal property management programs should
contain documentation on the characterization of this property as high
risk.
(b) Disposition of high risk property.
(1) Prior to disposition, all personal property, materials or data
will be assessed to determine:
(i) Whether it should be characterized as high risk and
(ii) What actions are necessary to ensure compliance with
applicable national security or nonproliferation controls.
(2) The DOE or designated contractor property management
organization may not process high risk personal property into a
reutilization/disposal program without performing the reviews
prescribed by the local high risk property management system. The
reviews must be properly documented, and all appropriate certifications
and clearances received, in accordance with the approved site or
facility personal property management program.
(3) The disposition (including demilitarization of items on the
Munitions List) and handling of high risk personal property are subject
to applicable provisions of Subchapter H of the FPMR, subchapter H of
this chapter, and the DOE Guidelines on Export Control and
Nonproliferation.
(4) Documentation. All applicable documentation, including records
concerning the property's categorization as high risk, shall be
included as part of the property transfer. The documentation shall be
included with all transfers within, or external to, DOE.
(5) Unless an alternative disposition option appears to be in the
best interest of the Government, surplus Trigger List components,
equipment, and materials and nuclear weapon components shall either be
sold for scrap after being rendered useless for their originally
intended purpose or destroyed, with the destruction verified and
documented. Requests for approval of an alternative disposition may be
made through the cognizant Assistant Secretary to the Director of the
Office of Nonproliferation and National Security.
(6) Export Restriction Notice. The following Export Restriction
Notice, or approved equivalent notice, shall be included in all
transfers, sales, or other offerings:
Export Restriction Notice
The use, disposition, export and reexport of this property are
subject to all applicable U.S. laws and regulations, including the
Atomic Energy Act of 1954, as amended; the Arms Export Control Act
(22 U.S.C. 2751 et seq.); the Export Administration Act of 1979 (560
U.S.C. Append 2401 et seq.); Assistance to Foreign Atomic Energy
Activities (10 CFR part 810); Export and Import of Nuclear Equipment
and Material (10 CFR part 110); International Traffic in Arms
Regulations (22 CFR parts 120 et seq.); Export Administration
Regulations (15 CFR part 730 et seq.); Foreign Assets Control
Regulations (31 CFR parts 500 et seq.); and the Espionage Act (37
U.S.C. 791 et seq.) which among other things, prohibit:
a. The making of false statements and concealment of any
material information regarding the use or disposition, export or
reexport of the property; and
b. Any use or disposition, export or reexport of the property
which is not authorized in accordance with the provisions of this
agreement.
Sec. 109-1.5304 Deviations.
(a) Life cycle control determinations. When the HFO approves a
contractor program containing controls, other than life cycle control
consistent with this subpart, the decision shall be justified in
writing and a copy sent to the Deputy Assistant Secretary for
Procurement and Assistance Management. A HFO's decision not to provide
life-cycle control should take into account:
(1) The nature and extent of high risk property typically purchased
or otherwise brought to a DOE or designated contractor facility or
site;
(2) The projected stability of DOE and designated contractor
operations; and
(3) The degree of confidence in the property control measures
available at disposition.
(b) Certain transfers, sales, or other offerings of high risk
personal property may require special conditions or specific
restrictions as determined necessary by the property custodian or
cognizant program office.
(c) Requests for deviations from the requirements of this subpart
may be made through the cognizant HFO to the Deputy Assistant Secretary
for Procurement and Assistance Management.
PART 109-6--MISCELLANEOUS REGULATIONS
Subpart 109-6.4--Official Use of Government Passenger Carriers Between
Residence and Place of Employment
Sec.
109-6.400 Scope and applicability.
109-6.400-50 Instructions to DOE passenger carrier operators.
109-6.402 Policy.
109-6.450 Statutory provisions.
Authority: Sec. 205(c), 63 Stat. 390 (40 U.S.C. 486(c); 31
U.S.C. 1344(e)(1).
Subpart 109-6.4--Official Use of Government Passenger Carriers
Between Residence and Place of Employment
Sec. 109-6.400 Scope and applicability.
(a) With the exception of Sec. 109-6.400-50, the provisions of this
subpart and 41 CFR 101-6.4 do not apply to designated contractors.
Official use provisions applicable to these contractors are contained
in Sec. 109-38.3 of this chapter.
(b) When an employee on temporary duty is authorized to travel by
Government motor vehicle, and in the interest of the Government, is
scheduled to depart before the beginning of regular working hours, or
if there will be a significant savings in time, a Government motor
vehicle may be issued at the close of the preceding working day.
Similarly, when scheduled to return after the close of working hours,
the motor vehicle may be returned the next regular working day. This
use of a Government motor vehicle is not regarded as prohibited by 31
U.S.C. 1344 (25 Comp. Gen. 844).
Sec. 109-6.400-50 Instructions to DOE passenger carrier operators.
DOE offices shall ensure that DOE employees operating Government
motor vehicles are informed concerning:
(a) The statutory requirement that Government motor vehicles shall
be used only for official purposes;
(b) Personal responsibility for safe driving and operation of
Government motor vehicles, and for compliance with Federal, state, and
local laws and regulations, and all accident reporting requirements;
(c) The need to possess a valid state, District of Columbia, or
commonwealth operator's license or permit for the type of vehicle to be
operated and some form of agency identification;
(d) The penalties for unauthorized use of Government motor
vehicles;
(e) The prohibition against providing transportation to strangers
or hitchhikers;
(f) The proper care, control and use of Government credit cards;
[[Page 19625]]
(g) Mandatory use of seat belts by each employee operating or
riding in a Government motor vehicle;
(h) The prohibition against the use of tobacco products in GSA-
Interagency Fleet Management System (IFMS) motor vehicles;
(i) Any other duties and responsibilities assigned to operators
with regard to the use, care, operation, and maintenance of Government
motor vehicles;
(j) The potential income tax liability when they use a Government
motor vehicle for transportation between residence and place of
employment; and
(k) Protection for DOE employees under the Federal Tort Claims Act
when acting within the scope of their employment.
Sec. 109-6.402 Policy.
(a) It is DOE policy that Government motor vehicles operated by DOE
employees are to be used only for official Government purposes or for
incidental purposes as prescribed in this section. Official use does
not include use of vehicles between residence and place of employment
unless provided for in accordance with paragraph (b) of this section.
The Director, Office of Administrative Services and heads of field
organizations for their respective organizations shall establish
appropriate controls to ensure that the use of a Government motor
vehicle for transportation between an employee's residence and place of
employment is in accordance with the provisions of 41 CFR 101-6.4 and
this subpart.
(b) The use of Government motor vehicles between an employee's
residence and place of employment (home-to-work) is limited to:
(1) The Secretary of Energy; and
(2) Those persons engaged in field work as determined by the
Secretary of Energy in accordance with 41 CFR 101-6.403(b).
(c) It is DOE policy that space in a Government motor vehicle used
for home-to-work transportation may be shared with a spouse, relative,
or friend in accordance with the restrictions contained in 41 CFR 101-
6.402(f).
(d) A Departmental official who is authorized home-to-work
transportation is permitted to use Government-owned or leased motor
vehicles for non-official purposes incidental to the official use of
the vehicle, provided that the incremental cost (e.g., driver time and
mileage) of such use is de minimis or such costs are outweighed by
other considerations, such as the efficient use of the official's time.
Sec. 109-6.450 Statutory provisions.
(a) In accordance with 31 U.S.C. 1349(b), any officer or employee
of the Government who willfully uses or authorizes the use of a
Government passenger motor vehicle for other than official purposes
shall be suspended from duty by the head of the department concerned,
without compensation, for not less than one month and shall be
suspended for a longer period or summarily removed from office if
circumstances warrant.
(b) Under the provisions of 18 U.S.C. 641, any person who knowingly
misuses any Government property (including Government motor vehicles)
may be subject to criminal prosecution and, upon conviction, to fines
or imprisonment.
SUBCHAPTER E--SUPPLY AND PROCUREMENT
PART 109-25--GENERAL
Subpart 109-25.1--General Policies
Sec.
109-25.100 Use of Government personal property and nonpersonal
services.
109-25.103 Promotional materials, trading stamps, or bonus goods.
109-25.103-1 General.
109-25.104 Acquisition of office furniture and office machines.
109-25-109 Laboratory and research equipment.
109-25-109-1 Identification of idle equipment.
109-25-109-2 Equipment pools.
Subpart 109-25.3--Use Standards
109-25.302 Office furniture, furnishings, and equipment.
109-25.350 Furnishing of Government clothing and individual
equipment.
Subpart 109-25.4--Replacement Standards
109-25.401 General.
109-25.401-50 Replacement approvals.
Authority: Sec. 644, Pub. L. 95-91, 91 Stat. 599 (42 U.S.C.
7254).
Subpart 109-25.1--General Policies
Sec. 109-25.100 Use of Government personal property and nonpersonal
services.
The Director, Office of Administrative Services and heads of field
organizations shall ensure to restrict the use of Government property/
services to officially designated activities.
Sec. 109-25.103 Promotional materials, trading stamps, or bonus goods.
Sec. 109-25.103-1 General.
DOE offices and designated contractors shall establish procedures
for the receipt and disposition of promotional materials, trading
stamps, or bonus goods consistent with the provisions of 41 CFR 101-
25.103.
Sec. 109-25.104 Acquisition of office furniture and office machines.
DOE offices and designated contractors shall make the determination
as to whether requirements can be met through the utilization of DOE
owned furniture and office machines.
Sec. 109-25.109 Laboratory and research equipment.
The provisions of 41 CFR 101-25.109 and this section apply to
laboratory and research equipment in the possession of DOE field
organizations and designated contractors.
Sec. 109-25.109-1 Identification of idle equipment.
(a) At a minimum, management walk-throughs shall be conducted to
provide for coverage of all operating and storage areas at least once
every two years to identify idle and unneeded personal property. The
submission to the head of the laboratory or facility of a report of
walk-throughs conducted shall be at the discretion of the laboratory or
facility management. However, DOE field organizations may require
designated contractors to submit a report of walk-throughs to the
OPMOs. Equipment identified as idle and unneeded shall be redeployed,
reassigned, placed in equipment pools, or excessed, as appropriate. All
walk-throughs shall be documented to include, at a minimum, the
identity of the participants, areas covered, findings, recommendations,
corrective action plans, and results achieved. The documentation shall
be made available for review by appropriate contractor management, DOE
offices, and audit teams.
(b) Members of management walk-through inspection teams should be
coordinated with the property administrator and the OPMO.
(c) OPMOs shall periodically review walk-through procedures and
practices of DOE offices and designated contractors to determine their
effectiveness.
Sec. 109-25.109-2 Equipment pools.
(a)-(c) [Reserved]
(d) The report on the use and effectiveness of equipment pools
shall be submitted to the head of the DOE office at the discretion of
that official. However, documentation of evaluations of pools shall be
maintained and made available for review by appropriate contractor
management, DOE offices, and audit teams.
(e) Heads of field organizations shall require periodic independent
reviews of equipment pool operations.
[[Page 19626]]
Subpart 109-25.3--Use Standards
Sec. 109-25.302 Office furniture, furnishings, and equipment.
The Director, Office of Administrative Services, heads of field
organizations, and designated contractors shall establish criteria for
the use of office furniture, furnishings, and equipment.
Sec. 109-25.350 Furnishing of Government clothing and individual
equipment.
(a) Government-owned clothing and individual equipment may be
furnished to employees:
(1) For protection from physical injury or occupational disease; or
(2) When employees could not reasonably be required to furnish them
as a part of the personal clothing and equipment needed to perform the
regular duties of the position to which they are assigned or for which
services were engaged.
(b) This section does not apply to uniforms or uniform allowances
under the Federal Employees Uniform Allowance Act of 1954, as amended.
Subpart 109-25.4--Replacement Standards
Sec. 109-25.401 General.
Sec. 109-25.401-50 Replacement approvals.
The Director, Office of Administrative Services and heads of field
organizations are authorized to approve replacement of office machines,
furniture, and materials handling equipment.
PART 109-26--PROCUREMENT SOURCES AND PROGRAM
Subpart 109-26.2--Federal Requisitioning System
Sec.
109-26.203 Activity address codes.
Subpart 109-26.5--GSA Procurement Programs
109-26.501 Purchase of new motor vehicles.
109-26.501-1 General.
109-26.501-4 Submission of orders.
109-26.501-50 Authority and allocations for the acquisition of
passenger motor vehicles.
109-26.501-51 Used vehicles.
109-26.501-52 Justification for purchase.
109-26.501-53 Acquisitions by transfer.
109-26.501-54 Communications equipment.
Authority: Sec. 644, Pub. L. 95-91, 91 Stat. 599 (42 U.S.C.
7254).
Subpart 109-26.2--Federal Requisitioning System
Sec. 109-26.203 Activity address codes.
(a) DOE field organizations designated by OCMA are responsible for
processing routine activity code related transactions for specified
groupings of field organizations. Each field organization in a
specified grouping will forward their activity address code related
transactions to the grouping's lead organization for processing. Each
lead organization shall designate a point of contact who will:
(1) Verify the need, purpose, and validity of each transaction; and
(2) Be the specified grouping's authorized point of contact for
dealing directly with GSA.
(b) OCMA is responsible for:
(1) All policy matters related to the issuance and control of
activity address codes within DOE; and
(2) Furnishing the identity of the lead field organization points
of contact to GSA.
Subpart 109-26.5--GSA Procurement Programs
Sec. 109-26.501 Purchase of new motor vehicles.
Sec. 109-26.501-1 General.
(a) [Reserved].
(b) Motor vehicles may be purchased directly rather than through
GSA when a waiver has been granted by GSA. The waiver request should be
submitted directly to GSA and a copy forwarded to the DPMO. However,
where GSA refuses to grant a waiver and it is believed that procurement
through GSA would adversely affect or otherwise impair a program, the
DPMO may, upon written request of the head of the DOE field
organization, grant the authority for direct purchase of general
purpose motor vehicles. Upon receipt of written authorization from the
DPMO, the head of the field organization may authorize direct purchase
of special purpose vehicles. The purchase price for passenger motor
vehicles shall not exceed any statutory limitation in effect at the
time the purchase is made.
Sec. 109-26.501-4 Submission of orders.
An original and two copies of requisitions for passenger motor
vehicles and law enforcement motor vehicles shall be forwarded with
justification for purchase to the DPMO, for approval and submission to
GSA. Requisitions for all other types of motor vehicles shall be
submitted directly to GSA.
Sec. 109-26.501-50 Authority and allocations for the acquisition of
passenger motor vehicles.
(a) Authority for the acquisition of passenger motor vehicles is
contained in the Department's annual appropriation act.
(b) DOE offices shall include in their budget submissions the
number of passenger motor vehicles to be purchased during the fiscal
year. The procurements will be identified as either additions to the
motor vehicle fleet or replacement vehicles. A copy of the motor
vehicle portion of the submission should be submitted to the DPMO.
(c) To assure that DOE does not exceed the number of passenger
motor vehicles authorized to be acquired in any fiscal year, the Deputy
Assistant Secretary for Procurement and Assistance Management or
designee shall allocate to and inform the field organizations in
writing of the number of passenger motor vehicles which may be acquired
under each appropriation. These allocations and the statutory cost
limitations imposed on these motor vehicles shall not be exceeded.
(d) The motor vehicle fleet manager shall provide written
certification to the OPMO that disposition action has been taken on
replaced passenger motor vehicles. Such certification shall be provided
no later than 30 days after the disposition of the vehicle. Replaced
passenger motor vehicles shall not be retained in service after receipt
of the replacement vehicle.
Sec. 109-26.501-51 Used vehicles.
Normally, DOE does not purchase or authorize contractors to
purchase used motor vehicles. However, the Director, Office of
Administrative Services and heads of field organizations may authorize
the purchase of used motor vehicles where justified by special
circumstances, e.g., when new motor vehicles are in short supply; motor
vehicles are to be used for experimental or test purposes; or motor
vehicles are acquired from exchange/sale. The statutory passenger motor
vehicle allocation requirements shall apply to any purchase of used
passenger motor vehicles except in the case of motor vehicles to be
used exclusively for experimental or test purposes.
Sec. 109-26.501-52 Justification for purchase.
(a) Requisitions for additions to the passenger motor vehicle fleet
must contain adequate written justification of need. Such
justifications shall be prepared by the motor vehicle fleet manager and
approved by the OPMO, and should include:
(1) A statement as to why the present fleet size is inadequate to
support requirements;
(2) Efforts made to achieve maximum use of on-hand motor vehicles
through
[[Page 19627]]
pool arrangements, shuttle buses, and taxicabs;
(3) The programmatic requirement for the motor vehicles and the
impact on the program/project if the requisitions are not filled;
(4) The established DOE or local utilization objectives used to
evaluate the utilization of passenger motor vehicles and whether the
objectives have been approved by the OPMO; and
(5) The date of the last utilization review and the number of
passenger motor vehicles which did not meet the established utilization
objectives and the anticipated mileage to be achieved by the new motor
vehicles.
(b) Requisitions for replacement passenger motor vehicles should
include a statement that utilization, pools, shuttle buses and taxicabs
have been considered by the motor vehicle fleet manager and the OPMO.
Specific information on the identification, age and mileage of the
motor vehicles should be included. When a passenger motor vehicle being
replaced does not meet Federal replacement standards, a description of
the condition of the vehicle should also be provided.
Sec. 109-26.501-53 Acquisitions by transfer.
(a) The acquisition of passenger motor vehicles by transfer from
another Government agency or DOE organization shall be within the
allocations prescribed in Sec. 109-26.501-50 of this subpart.
(b) Passenger motor vehicles may be acquired by transfer provided
they are:
(1) Considered as an addition to the motor vehicle fleet of the
receiving office;
(2) Acquired for replacement purposes and an equal number of
replaced motor vehicles are reported for disposal within 30 days;
(3) For temporary emergency needs exceeding three months and
approved in writing by the DPMO; or
(4) For temporary emergency needs of three months or less in lieu
of commercial rentals. These transfers will not count toward the
allocation.
Sec. 109-26.501-54 Communications equipment.
Communications equipment considered to be essential for the
accomplishment of security and safety responsibilities is exempt from
the requirements of 41 CFR 101-26.501. The Fleet Manager shall approve
the installation of communications equipment in motor vehicles.
PART 109-27--INVENTORY MANAGEMENT
Sec.
109-27.000-50 Definitions.
Subpart 109-27.1--Stock Replenishment
109-27.102 Economic order quantity principle.
109-27.102-1 Applicability.
109-27.102-50 Systems contracting.
109-27.102-51 Policy.
109-27.102-52 Implementation.
Subpart 109-27.2--Management of Shelf-Life Materials
109-27.202 Applicability.
Subpart 109-27.3--Maximizing Use of Inventories
109-27.302 Applicability.
Subpart 109-27.4--Elimination of Items from Inventory
109-27.402 Applicability.
Subpart 109-27.50--Inventory Management Policies, Procedures, and
Guidelines
109-27.5001 Objectives.
109-27.5002 Stores inventory turnover ratio.
109-27.5003 Stock control.
109-27.5004 Sub-stores.
109-27.5005 Shop, bench, cupboard or site stock.
109-27.5006 Stores catalogs.
109-27.5007 Physical inventories.
109-27.5007-1 Procedures.
109-27.5007-2 Inventory adjustments.
109-27.5008 Control of drug substances and potable alcohol.
109-27.5009 Control of hypodermic needles and syringes.
109-27.5010 Containers returnable to vendors.
109-27.5011 Identification marking of metals and metal products.
109-27.5011-1 General.
109-27.5011-2 Exception.
Subpart 109-27.51--Management of Precious Metals
109-27.5100 Scope of subpart.
109-27.5101 Definition.
109-27.5102 Policy.
109-27.5103 Precious Metals Control Officer.
109-27.5104 Practices and procedures.
109-27.5104-1 Acquisitions.
109-27.5104-2 Physical protection and storage.
109-27.5104-3 Perpetual inventory records.
109-27.5104-4 Physical inventories.
109-27.5104-5 Control and issue of stock.
109-27.5104-6 Control by using organization.
109-27.5105 Management reviews and audits.
109-27.5106 Precious metals pool.
109-27.5106-1 Purpose.
109-27.5106-2 Withdrawals.
109-27.5106-3 Returns.
109-27.5106-4 Withdrawals/returns forecasts.
109-27.5106-5 Assistance.
109-27.5107 Recovery of silver from used hypo solution and scrap
film.
Authority: Sec. 644, Pub. L. 95-91, 91 Stat. 599 (42 U.S.C.
7254).
PART 109-27--INVENTORY MANAGEMENT
Sec. 109-27.000-50 Definitions.
As used in this part the following definitions apply:
Inventories mean stocks of stores, construction, supplies, and
parts used in support of DOE programs.
Inventory management means the efficient use of methods, procedures
and techniques for recording, analyzing, and adjusting inventories in
accordance with established policy. The following related functions are
included:
(1) Providing adequate protection against misuse, theft, and
misappropriation.
(2) Providing accurate analyses of quantities to determine
requirements so that only minimal obsolescence losses will be
encountered, while ensuring adequate inventory levels to meet program
schedules.
(3) Providing adequate and accessible storage facilities and
services based upon analyses of program requirements so that a minimum
and economical amount of time is required to service the program.
Stock record means a device for collecting, storing, and providing
historical data on recurring transactions for each line item of
inventory.
Sub-store means a geographically removed part of the main store's
operation conducted as a subordinate element of it and subject to the
same management policies and inventory controls.
Systems contracting means a materials management purchasing
technique for the purchase of general, common-use, and repetitive
supply items in a particular product family. An example is office
supplies, purchased from a commercial vendor, that are needed for
immediate use instead of purchasing in bulk for future use, storing in
warehouses, and issuing to customers by use of a requisitioning system.
Systems contracting and just-in-time contracting are synonymous.
Subpart 109-27.1--Stock Replenishment
Sec. 109-27.102 Economic order quantity principle.
Sec. 109-27.102-1 Applicability.
Replenishment of inventories of stock items having recurring
demands will be by use of the economic order quantity (EOQ) principle.
However, when considered more suitable, designated contractors may use
other generally accepted approaches to EOQ.
[[Page 19628]]
Sec. 109-27.102-50 Systems contracting.
Systems contracting may be used instead of or along with EOQ once a
determination is made that such a system is feasible and cost
effective, and that adequate controls are in place to ensure proper
use.
Sec. 109-27.102-51 Policy.
Systems contracting for supply operations is a proven cost-
effective approach to meeting procurement needs and may be implemented
in DOE offices and designated contractors wherever significant cost
savings to the Government will result. Impacts on local suppliers and
small and disadvantaged business concerns should be considered in the
overall business strategy.
Sec. 109-27.102-52 Implementation.
(a) DOE OPMOs shall establish required property management controls
relative to the implementation of systems contracting.
(b) DOE offices and designated contractors operating a materials
management function who have not performed an initial feasibility study
for the implementation of systems contracting shall perform such a
study for selected commodity groups. The study may be accomplished over
a period of time, until all commodity groups have been considered. The
study should address functional requirements, activity levels of
commodity groups and individual items, and potential impacts on local
suppliers and small and disadvantaged businesses. An industrial
relations analysis on existing labor relations and union contracts may
also be necessary.
(c) As required in the DEAR, DOE offices and designated contractors
are required to consider the use of GSA supply sources when
economically advantageous to the Government. These sources must be
considered in the conduct of the feasibility study.
(d) DOE contracting offices shall evaluate the initial cost benefit
studies performed by contractors to verify the savings and other
benefits of systems contracting, and shall approve its implementation.
In those instances where a cost benefit study has previously been
performed, the DOE contracting office shall ensure that those studies
have been evaluated and the approval to proceed with systems
contracting has been provided to the contractor in writing.
(e) DOE offices shall periodically reevaluate systems contracting
operations conducted by their office and designated contractors to
ensure that required property management controls are being followed.
Subpart 109-27.2--Management of Shelf-Life Materials
Sec. 109-27.202 Applicability.
When considered more suitable, designated contractors may use other
generally accepted approaches to the management of shelf-life
materials.
Subpart 109-27.3--Maximizing Use of Inventories
Sec. 109-27.302 Applicability.
When considered more suitable, designated contractors may use other
generally accepted approaches to maximizing use of inventories.
Subpart 109-27.4--Elimination of Items From Inventory Sec. 109-
27.402 Applicability
When considered more suitable, designated contractors may use other
generally accepted approaches to determine which items should be
eliminated from inventory.
Subpart 109-27.50--Inventory Management Policies, Procedures, and
Guidelines
Sec. 109-27.5001 Objectives.
Necessary inventories shall be established and maintained at
reasonable levels, consistent with DOE requirements, applicable laws
and regulations, and the following objectives:
(a) The maintenance of adequate stock levels through accurate
analyses of quantities to determine requirements and stock
replenishments so that only minimal obsolescence losses will be
encountered while ensuring adequate inventory levels to meet program
schedules;
(b) The protection of materials against misuse, theft, and
misappropriation;
(c) The maintenance of an efficient operation; and
(d) The standardization of inventories to the greatest extent
practicable.
Sec. 109-27.5002 Stores inventory turnover ratio.
Comparison of investment in stores inventories to annual issues
shall be made to assure that minimum inventories are maintained for the
support of programs. This comparison may be expressed either as a
turnover ratio (dollar value of issues divided by dollar value of
inventory) or in the average number of month's supply on hand. Turnover
or number of month's supply is calculated only on current-use
inventory. Performance goals, i.e., a six months investment or a
turnover ratio of 2.0, shall be established for each stores using
activity. It is recognized, however, that extenuating operating
circumstances may preclude the achievement of such objectives.
Sec. 109-27.5003 Stock control.
(a) Stock control shall be maintained on the basis of stock record
accounts of inventories on hand, on order, received, issued, and
disposed of, and supported by proper documents in evidence of these
transactions. Stock record accounts shall be available for review and
inspection.
(b) Personal property under stock control for greater than 90 days
shall be maintained in stock record accounts.
Sec. 109-27.5004 Sub-stores.
(a) Sub-stores shall be established when necessary to expedite
delivery of materials and supplies to the users, serve emergencies,
provide economy in transportation, reduce shop and site stocks, and
enable stores personnel to provide assistance in obtaining materials
and supplies as needed.
(b) Items stored for issue in the sub-stores shall be treated as
inventory items for control and reporting purposes. Stock records shall
be integrated with central stock records so that the total amount on
hand of any item at all locations is known.
Sec. 109-27.5005 Shop, bench, cupboard or site stock.
Shop, bench, cupboard or site stocks are an accumulation of small
inventories of fast-moving materials at the point of use. Normally,
these inventories are expensed at time of issue from controlled stores.
However, when stocks of such inventories are not consumed or do not
turn over in a reasonable period of time, which normally should not
exceed 90 days, these items should be subject to the required physical
controls and recorded in the proper inventory account.
Sec. 109-27.5006 Stores catalogs.
A stores catalog for customer use that lists items available from
stock shall be established for each stores operation. Exceptions to
this requirement are authorized where establishment of a catalog is
impracticable or uneconomical because of small total value or number of
items involved, or temporary need for the facility.
Sec. 109-27.5007 Physical inventories.
Sec. 109-27.5007-1 Procedures.
The following procedures shall be established for taking physical
inventory of stocks subjected to quantity
[[Page 19629]]
controls as well as those under financial control:
(a) Completion of a physical inventory not less frequently than
every twelve months.
(b) Reconciliation of inventory quantities with the stock records.
(c) Preparation of a report of the physical inventory results.
Sec. 109-27.5007-2 Inventory adjustments.
Discrepancies between physical inventories and stock records shall
be adjusted and the supporting adjustment records shall be reviewed and
approved by a responsible official at least one supervisory level above
the supervisor in charge of the warehouse or storage facility. Items on
an adjustment report which are not within reasonable tolerances for
particular items shall be thoroughly investigated before report
approval. Adjustment reports shall be retained on file for inspection
and review.
Sec. 109-27.5008 Control of drug substances and potable alcohol.
Effective procedures and practices shall provide for the management
and physical security of controlled substances and potable alcohol from
receipt to the point of use. Such procedures shall, as a minimum,
provide for safeguarding, proper use, adequate records, and compliance
with applicable laws and regulations. Controls and records of potable
alcohol shall be maintained on quantities of one quart and above.
Sec. 109-27.5009 Control of hypodermic needles and syringes.
Effective procedures and practices shall provide for the management
and physical security of hypodermic needles and syringes to prevent
illegal use. Controls shall include supervisory approval for issue,
storage in locked repositories, and the rendering of the items useless
prior to disposal.
Sec. 109-27.5010 Containers returnable to vendors.
Containers furnished by vendors shall be administratively and
physically controlled before and after issuance. Prompt action shall be
taken to return such containers to vendors for credit after they have
served their intended use.
Sec. 109-27.5011 Identification marking of metals and metal products.
Sec. 109-27.5011-1 General.
Metals and metal products shall be identified and marked in
accordance with applicable Federal standards. This requirement applies
to direct charges as well as to items procured for store, shop or floor
stock, or for use on construction projects. Additional markings not
covered by Federal standards should be used to show special properties,
corrosion data, or test data as required. The preferred process is for
the marking to be done in the manufacturing process, but it may be
applied by suppliers when circumstances warrant.
Sec. 109-27.5011-2 Exception.
Exceptions to the marking requirement may be made when:
(a) It is necessary to procure small quantities from suppliers not
equipped to do the marking;
(b) It would delay delivery of emergency orders; or
(c) Procurement is from DOE or other Federal agency excess.
Subpart 109-27.51--Management of Precious Metals
Sec. 109-27.5100 Scope of subpart.
This subpart provides policies, principles, and guidelines to be
used in the management of purchased and recovered precious metals used
to meet research, development, production, and other programmatic
needs.
Sec. 109-27.5101 Definition.
Precious metals means uncommon and highly valuable metals
characterized by their superior resistance to corrosion and oxidation.
Included are gold, silver, and the platinum group metals--platinum,
palladium, rhodium, iridium, ruthenium and osmium.
Sec. 109-27.5102 Policy.
DOE organizations and contractors shall establish effective
procedures and practices for the administrative and physical control of
precious metals in accordance with the provisions of this subpart.
Sec. 109-27.5103 Precious Metals Control Officer.
Each DOE organization and contractor holding precious metals shall
designate in writing a Precious Metals Control Officer. This individual
shall be the organization's primary point of contact concerning
precious metals control and management, and shall be responsible for
the following:
(a) Assuring that the organization's precious metals activities are
conducted in accordance with Departmental requirements.
(b) Maintaining of an accurate list of the names of precious metals
custodians.
(c) Providing instructions and training to precious metals
custodians and/or users as necessary to assure compliance with
regulatory responsibilities.
(d) Insuring that physical inventories are performed as required
by, and in accordance with, these regulations.
(e) Witnessing physical inventories.
(f) Performing periodic unannounced inspections of a custodian's
precious metals inventory and records.
(g) Conducting an annual review of precious metals holdings to
determine excess quantities.
(h) Preparing and submitting to the Business Center for Precious
Metals Sales and Recovery the annual forecast of anticipated
withdrawals from, and returns to, the DOE precious metals pool.
(i) Conducting a program for the recovery of silver from used hypo
solution and scrap film in accordance with 41 CFR 101-45.10 and
Sec. 109-45.10 of this chapter.
(j) Preparing and submitting of the annual report on recovery of
silver from used hypo solution and scrap film as required by Sec. 109-
45.1002-2 of this chapter.
(k) Developing and issuing current authorization lists of persons
authorized by management to withdraw precious metals from stockrooms.
Sec. 109-27.5104 Practices and procedures.
Sec. 109-27.5104-1 Acquisitions.
DOE organizations and contractors shall contact the Business Center
for Precious Metals Sales and Recovery to determine the availability of
precious metals prior to acquisition on the open market.
Sec. 109-27.5104-2 Physical protection and storage.
Precious metals shall be afforded exceptional physical protection
from time of receipt until disposition. Precious metals not in use
shall be stored in a noncombustible combination locked repository with
access limited to the designated custodian and an alternate. When there
is a change in custodian or alternate having access to the repository,
the combination shall be changed immediately.
Sec. 109-27.5104-3 Perpetual inventory records.
Perpetual inventory records shall be maintained as specified in
Chapter V of DOE Order 534.1, Accounting.
Sec. 109-27.5104-4 Physical inventories.
(a) Physical inventories shall be conducted annually by custodians,
and witnessed by the Precious Metals Control Officer or his designee.
(b) Precious metals not in use shall be inspected and weighed on
calibrated
[[Page 19630]]
scales. The inventoried weight and form shall be recorded on the
physical inventory sheets by metal content and percent of metal. Metals
in use in an experimental process or contaminated metals, neither of
which can be weighed, shall be listed on the physical inventory sheet
as observed and/or not observed as applicable.
(c) Any obviously idle or damaged metals should be recorded during
the physical inventory. Justification for further retention of idle
metals shall be required from the custodian and approved one level
above the custodian, or disposed of in accordance with established
procedures.
(d) The dollar value of physical inventory results shall be
reconciled with the financial records. All adjustments shall be
supported by appropriate adjustment reports, and approved by a
responsible official.
Sec. 109-27.5104-5 Control and issue of stock.
Precious metals in stock are metals held in a central location and
later issued to individuals when authorized requests are received. The
following control procedures shall be followed for such metals:
(a) Stocks shall be held to a minimum consistent with efficient
support to programs.
(b) The name and organization number of each individual authorized
to withdraw precious metals, and the type and kind of metals, shall be
prominently maintained in the stockroom. This authorization shall be
issued by the Precious Metals Control Officer or his designee and
updated annually. Issues of metals will be made only to authorized
persons.
(c) Accurate records of all receipts, issues, returns, and
disposals shall be maintained in the stockroom.
(d) Receipts for metal issues and returns to stock shall be
provided to users. Such receipts, signed by the authorized requesting
individual and the stockroom clerk, shall list the requesting
organization, type and form of metal, quantity, and date of
transaction.
Sec. 109-27.5104-6 Control by using organization.
(a) After receipt, the using organization shall provide necessary
controls for precious metals. Materials shall be stored in a non-
combustible, combination locked repository at all times except for
quantities at the actual point of use.
(b) Each using organization shall maintain a log showing the
individual user, type and form of metal, and the time, place, and
purpose of each use. The log shall be kept in a locked repository when
not in use.
(c) The logs and secured locked storage facilities are subject to
review by the Precious Metals Control Officer and other audit or review
staffs as required.
(d) Cognizant Departmental managers are responsible for assuring
that minimum quantities of precious metals are withdrawn consistent
with work requirements and that quantities excess to requirements are
promptly returned to the stockroom.
(e) Employee termination and transfer procedures shall include
clearance for precious metals possession.
Sec. 109-27.5105 Management reviews and audits.
(a) Unannounced inspections of custodian's precious metals
inventory and records may be conducted between scheduled inventories.
(b) DOE organizations and contractors holding precious metals shall
annually review the quantity of precious metals on hand to determine if
the quantity is in excess of program requirements. Precious metals
which are not needed for current or foreseeable requirements shall be
promptly reported to the DOE precious metals pool. The results of this
annual review are to be documented and entered into the precious metals
inventory records.
Sec. 109-27.5106 Precious metals pool.
Sec. 109-27.5106-1 Purpose.
The purpose of the precious metals pool is to recycle, at a minimum
cost to pool participants, DOE-owned precious metals within the
Department and to dispose of DOE-owned precious metals that are excess
to DOE needs. However, if the pool is unable to accept any potential
precious metal return, the using activity will dispose of the precious
metals through the disposal process specified in subchapter H of the
FPMR and this regulation.
Sec. 109-27.5106-2 Withdrawals.
Pure metals, parts, fabricated products, catalysts, or solutions,
are generally available and the Business Center for Precious Metals
Sales and Recovery can provide assistance in supplying such
requirements. Metals can be shipped to any facility to fulfill
fabrication requirements.
Sec. 109-27.5106-3 Returns.
All excess precious metals must be returned to the precious metals
pool except as noted in Sec. 109-27.5106-1 of this subpart. The pool is
entirely dependent on metal returns; therefore, metal inventories
should be maintained on an as-needed basis, and any excess metals must
be returned to the pool for recycling. With the exception of silver,
this includes precious metals in any form, including shapes, scrap, or
radioactively contaminated. Only high grade nonradioactively
contaminated silver should be included. Procedures have been developed
by the precious metals pool contractor for metal returns, including
storing, packaging, shipping, and security.
Sec. 109-27.5106-4 Withdrawals/returns forecasts.
The Business Center for Precious Metals Sales and Recovery will
request annually from each DOE field organization its long-range
forecast of anticipated withdrawals from the pool and returns to the
pool.
Sec. 109-27.5106-5 Assistance.
The Business Center for Precious Metals Sales and Recovery operates
the precious metals pool. DOE organizations and contractors may obtain
specific information regarding the operation of the precious metals
pool (operating contractor's name, address, and telephone number;
processing charges; etc.) by contacting the Chief, Property Management
Branch, Oak Ridge Operations Office.
Sec. 109-27.5107 Recovery of silver from used hypo solution and scrap
film.
The requirements for the recovery of silver from used hypo solution
and scrap film are contained in Sec. 109-45.1003 of this chapter.
PART 109-28--STORAGE AND DISTRIBUTION
Sec.
109-28.000-50 Policy.
109-28.000-51 Storage guidelines.
Subpart 109-28.3--Customer Supply Centers
109-28.306 Customer supply center (CSC) accounts and related
controls.
109-28.306-3 Limitations on use.
109-28.306-5 Safeguards.
Subpart 109-28.50--Management of Equipment Held for Future Projects
109-28.5000 Scope of subpart.
109-28.5001 Definition.
109-28.5002 Objective.
109-28.5003 Records.
109-28.5004 Justification and review procedures.
109-28.5005 EHFFP program review.
109-28.5006 Utilization.
Subpart 109-28.51--Management of Spare Equipment
109-28.5100 Scope of subpart.
109-28.5101 Definition.
109-28.5102 Exclusions.
109-28.5103 Management policy.
[[Page 19631]]
Authority: 42 U.S.C. 7254.
Sec. 109-28.000-50 Policy.
DOE offices and designated contractors shall:
(a) Establish storage space and warehousing services for the
receipt, storage, issue, safekeeping and protection of Government
property;
(b) Provide storage space and warehousing services in the most
efficient manner consistent with program requirements; and
(c) Operate warehouses in accordance with generally accepted
industrial management practices and principles.
Sec. 109-28.000-51 Storage guidelines.
(a) Indoor storage areas should be arranged to obtain proper stock
protection and maximum utilization of space within established floor
load capacities.
(b) Storage yards for items not requiring covered protection shall
be protected by locked fenced enclosures to the extent necessary to
protect the Government's interest.
(c) Storage areas shall be prominently posted to clearly indicate
that the property stored therein is U.S. Government property, with
entrance to such areas restricted to authorized personnel only.
(d) Property in storage must be protected from fire, theft,
deterioration, or destruction. In addition certain items require
protection from dampness, heat, freezing, or extreme temperature
changes. Other items must be stored away from light and odors,
protected from vermin infestation, or stored separately because of
their hazardous characteristics.
(e) Hazardous or contaminated property, including property having a
history of use in an area where exposure to contaminated property may
have occurred, shall not be commingled with non-contaminated property,
but stored separately in accordance with instructions from the
environmental, safety, and health officials.
(f) Unless inappropriate or impractical until declared excess,
nuclear-related and proliferation-sensitive property shall be
identified as such by use of a certification tag signed by an
authorized program official (designated in writing with signature cards
on file in the personal property management office). Such personal
property shall not be commingled with other personal property, but
stored separately in accordance with instructions from the cognizant
program office.
Subpart 109-28.3--Customer Supply Centers
Sec. 109-28.306 Customer supply center (CSC) accounts and related
controls.
Sec. 109-28.306-3 Limitations on use.
DOE offices and designated contractors shall establish internal
controls for ensuring that the use of CSC accounts is limited to the
purchase of items for official Government use.
Sec. 109-28.306-5 Safeguards.
DOE offices and designated contractors shall establish internal
controls for ensuring that the customer access codes assigned for their
accounts are properly protected.
Subpart 109-28.50--Management of Equipment Held for Future Projects
Sec. 109-28.5000 Scope of subpart.
This subpart provides policies, principles, and guidelines to be
used in the management of equipment held for future projects (EHFFP).
Sec. 109-28.5001 Definition.
Equipment held for future projects means items being retained,
based on approved justifications, for a known future use, or for a
potential use in planned projects.
Sec. 109-28.5002 Objective.
The objective of the EHFFP program is to enable DOE offices and
contractors to retain equipment not in use in current programs but
which has a known or potential use in future DOE programs, while
providing visibility on the types and amounts of equipment so retained
through review and reporting procedures. It is intended that equipment
be retained where economically justifiable for retention, considering
cost of maintenance, replacement, obsolescence, storage, deterioration,
or future availability; made available for use by others; and promptly
excessed when no longer needed.
Sec. 109-28.5003 Records.
Records of all EHFFP shall be maintained by the holding
organization, including a listing of items with original date of
classification as EHFFP; initial justifications for retaining EHFFP;
rejustifications for retention; and documentation of reviews made by
higher levels of management.
Sec. 109-28.5004 Justification and review procedures.
Procedures shall provide for the following:
(a) The original decision to classify and retain equipment as EHFFP
shall be justified in writing, providing sufficient detail to support
the need for retention of the equipment. This justification will cite
the project for which retained, the potential use to be made of the
equipment, or other reasons for retention.
(b) The validity of the initial classification EHFFP shall be
reviewed by management at a level above that of the individual making
the initial determination.
(c) Retention of equipment as EHFFP must be rejustified annually to
ensure that original justifications remain valid. The rejustifications
will contain sufficient detail to support retention.
(d) When equipment is retained as EHFFP for longer than one year,
the annual rejustification shall be reviewed at a level of management
at least two levels above that of the individual making the
determination to retain the EHFFP. Equipment retained as EHFFP for
longer than three years should be approved by the head of the DOE field
organization.
Sec. 109-28.5005 EHFFP program review.
OPMOs or on-site DOE property administrators shall conduct periodic
reviews to ensure that the EHFFP program is being conducted in
accordance with established procedures and this subpart. Included in
the review will be proper determinations of property as EHFFP, the
validity of justifications for retaining EHFFP, and the inclusion of
EHFFP in management walk-throughs as prescribed in Sec. 109-25.109-1 of
this chapter.
Sec. 109-28.5006 Utilization.
It is DOE policy that, where practicable and consistent with
program needs, EHFFP be considered as a source of supply to avoid or
postpone acquisition.
Subpart 109-28.51--Management of Spare Equipment
Sec. 109-28.5100 Scope of subpart.
This subpart provides policy guidance to be used in the management
of spare equipment.
Sec. 109-28.5101 Definition.
Spare equipment means items held as replacement spares for
equipment in current use in DOE programs.
Sec. 109-28.5102 Exclusions.
The following categories of equipment will not be considered spare
equipment:
(a) Equipment installed for emergency backup, e.g., an emergency
power facility, or an electric motor or a pump, any of which is in
place and electrically connected.
[[Page 19632]]
(b) Equipment items properly classified as stores inventory.
Sec. 109-28.5103 Management policy.
(a) Procedures shall require the maintenance of records for spare
equipment, cross-referenced to the location in the facility and the
engineering drawing number. The purpose for retention shall be in the
records.
(b) Reviews shall be made based on technical evaluations of the
continued need for the equipment. The reviews should be held
biennially. In addition, individual item levels shall be reviewed when
spare equipment is installed for use, the basic equipment is removed
from service, or the process supported is changed.
(c) Procedures shall be established to provide for the
identification and reporting of unneeded spare equipment as excess
property.
PART 109-30--FEDERAL CATALOG SYSTEM
Sec.
109-30.001-50 Applicability.
Authority: 42 U.S.C. 7254.
Sec. 109-30.001-50 Applicability.
The provisions of 41 CFR part 101-30 do not apply to designated
contractors.
SUBCHAPTER G--AVIATION, TRANSPORTATION, AND MOTOR VEHICLES
PART 109-37--[RESERVED]
PART 109-38--MOTOR EQUIPMENT MANAGEMENT
Sec.
109-38.000 Scope of part.
109-38.000-50 Policy.
Subpart 109-38.0--Definition of Terms
109-38.001 Definitions.
Subpart 109-38.1--Fuel Efficient Motor Vehicles
109-38.104 Fuel efficient passenger automobiles and light trucks.
109-38.105 Agency purchase and lease of motor vehicles.
109-38.106 Leasing of motor vehicles.
Subpart 109-38.2--Registration, Identification, and Exemptions
109-38.200 General requirements.
109-38.201 Registration and inspection.
109-38.201-50 Registration in foreign countries.
109-38.202 Tags.
109-38.202-2 Outside the District of Columbia.
109-38.202-3 Records.
109-38.202-50 Security.
109-38.203 Agency identification.
109-38.204 Exemptions.
109-38.204-1 Unlimited exemptions.
109-38.204-3 Requests for exempted motor vehicles in the District
of Columbia.
109-38.204-4 Report of exempted motor vehicles.
109-38.204-50 Records of exempted motor vehicles.
Subpart 109-38.3--Official Use of Government Motor Vehicles
109-38.300 Scope.
109-38.301 Authorized use.
109-38.301-1 Contractors' use.
109-38.301-1.50 Authorization for transportation between residence
and place of employment.
109-38.301-1.51 Emergency use.
109-38.301-1.52 Maintenance of records.
109-38.301-1.53 Responsibilities of motor vehicle operators.
Subpart 109-38.4--Use and Replacement Standards
109-38.401 Use standards.
109-38.401-2 Use of self-service pumps.
109-38.402 Replacement standards.
109-38.402-50 Prompt disposal of replaced motor vehicles.
109-38.403 Responsibility for damages.
109-38.403-1 Policy.
109-38.403-2 Responsibility.
109-38.403-3 Exceptions.
Subpart 109-38.5--Scheduled Maintenance
109-38.502 Guidelines.
109-38.502-50 DOE guidelines.
Subpart 109-38.7--Transfer, Storage, and Disposal of Motor Vehicles
109-38.701 Transfer of title for Government-owned motor vehicles.
109-38.701-50 Authority to sign Standard Form 97, The United States
Government Certificate to Obtain Title to a Vehicle.
Subpart 109-38.8--Standard Form 149, U.S. Government National Credit
Card
109-38.800 General.
109-38.801 Obtaining SF 149, U.S. Government National Credit Card.
Subpart 109-38.9--Federal Motor Vehicle Fleet Report
109-38.902 Records.
109-38.903 Reporting of data.
109-38.903-50 Reporting DOE motor vehicle data.
Subpart 109-38.51--Utilization of Motor Equipment
109-38.5100 Scope of subpart.
109-38.5101 Policy.
109-38.5102 Utilization controls and practices.
109-38.5103 Motor vehicle utilization standards.
109-38.5104 Other motor equipment utilization standards.
109-38.5105 Motor vehicle local use objectives.
109-38.5106 Application of motor vehicle use goals.
Subpart 109-38.52--Watercraft
109-38.5200 Scope of subpart.
109-38.5201 Definition.
109-38.5202 Watercraft operations.
109-38.5203 Watercraft identification and numbers.
Authority: 42 U.S.C. 7254.
Sec. 109-38.000 Sec. Scope of part.
109-38.000-50 Policy.
Motor vehicles and watercraft shall be acquired, maintained, and
utilized in support of DOE programs in the minimum quantity required
and in the most efficient manner consistent with program requirements,
safety considerations, fuel economy, and applicable laws and
regulations.
Subpart 109-38.0--Definition of Terms
Sec. 109-38.001 Definitions.
Experimental vehicles means vehicles acquired solely for testing
and research purposes or otherwise designated for experimental
purposes. Such vehicles are to be the object of testing and research as
differentiated from those used as vehicular support to testing and
research. Experimental vehicles are not to be used for passenger
carrying services unless required as part of a testing/evaluation
program, and they are not subject to statutory price limitations or
authorization limitations.
Motor equipment means any item of equipment which is self-propelled
or drawn by mechanical power, including motor vehicles, motorcycles and
scooters, construction and maintenance equipment, materials handling
equipment, and watercraft.
Motor vehicle means any equipment, self-propelled or drawn by
mechanical power, designed to be operated principally on highways in
the transportation of property or passengers.
Special purpose vehicles means vehicles which are used or designed
for specialized functions. These vehicles include, but are not limited
to: Trailers, semi-trailers, other types of trailing equipment; trucks
with permanently mounted equipment (such as aerial ladders);
construction and other types of equipment set forth in Federal Supply
Classification Group (FSCG) 38; material handling equipment set forth
in FSCG 39; and fire fighting equipment set forth in FSCG 42. For
reporting purposes within DOE, motorcycles, motor scooters and all
terrain vehicles will also be reported as special purpose vehicles.
Subpart 109-38.1--Fuel Efficient Motor Vehicles
Sec. 109-38.104 Fuel efficient passenger automobiles and light trucks.
(a) [Reserved]
(b) All requests to purchase passenger automobiles larger than
class IA, IB, or
[[Page 19633]]
II (small, subcompact, or compact) shall be forwarded with
justification to the DPMO for approval and certification for compliance
with the fuel economy objectives listed in 41 CFR 101-38.104.
(b)(1)-(b)(4) [Reserved]
(5) Requests to exempt certain light trucks from the fleet average
fuel economy calculations shall be forwarded with justification to the
DPMO for approval.
Sec. 109-38.105 Agency purchase and lease of motor vehicles.
(a) DOE activities shall submit a copy of all motor vehicle leases
and purchases not procured through the GSA Automotive Commodity Center
to GSA.
(b)-(c) [Reserved]
(d) DOE activities desiring to renew a commercial lease shall
submit the requirement in writing to the DPMO for approval prior to
submission by field offices to GSA.
(e) DOE activities shall submit a copy of all lease agreements to
GSA.
Subpart 109-38.2--Registration, Identification, and Exemptions
Sec. 109-38.200 General requirements.
(a)-(e) [Reserved]
(f) Requests made pursuant to 41 CFR 101-38.200(f) for exemption
from the requirement for displaying U.S. Government tags and other
identification on motor vehicles, except for those vehicles exempted in
accordance with Sec. 109-38.204-1 of this subpart, shall be submitted
through normal administrative channels to the DPMO for approval. Each
approved exemption must be renewed annually, and the DPMO shall be
notified promptly when the need for a previously authorized exemption
no longer exists. Copies of certifications and cancellation notices
required to be furnished to GSA pursuant to 41 CFR 101-38.200(f) will
be transmitted to GSA by the DPMO.
(g) Requests for temporary removal and substitution of Government
markings shall be submitted with justification to the DPMO for review
and approval. Copies of the determination and justification required to
be furnished to GSA will be transmitted to GSA by the DPMO.
Sec. 109-38.201 Registration and inspection.
Sec. 109-38.201-50 Registration in foreign countries.
Motor vehicles used in foreign countries are to be registered and
carry license tags in accordance with the existing motor vehicle
regulations of the country concerned. The person responsible for a
motor vehicle in a foreign country shall make inquiry at the United
States Embassy, Legation, or Consulate concerning the regulations that
apply to registration, licensing, and operation of motor vehicles and
shall be guided accordingly.
Sec. 109-38.202 Tags.
Sec. 109-38.202-2 Outside the District of Columbia.
The Director of Administrative Services and heads of field
organizations shall make the determination concerning the use of tags
outside the District of Columbia.
Sec. 109-38.202-3 Records.
(a) The DPMO assigns ``blocks'' of U.S. Government license tag
numbers to DOE organizations and maintains a current record of such
assignments. Additional ``blocks'' will be assigned upon request.
(b) Each DOE direct operation and designated contractor shall
maintain a current record of individual assignments of license tags to
the motor vehicles under their jurisdiction.
Sec. 109-38.202-50 Security.
Unissued license tags shall be stored in a locked drawer, cabinet,
or storage area with restricted access to prevent possible fraud or
misuse. Tags which are damaged or unusable will be safeguarded until
destroyed.
Sec. 109-38.203 Agency identification.
Standard DOE motor vehicle window decals (DOE Form 1530.1), and
door decals to be used only on vehicles without windows (DOE Form
1530.2), are available from the Office of Administrative Services,
Logistics Management Division, Headquarters, using DOE Form 4250.2,
``Requisition for Supplies, Equipment or Services'', or as directed by
that office.
Sec. 109-38.204 Exemptions.
Sec. 109-38.204-1 Unlimited exemptions.
(a)-(f) [Reserved]
(g) The Director, Office of Administrative Services and heads of
field organizations for their respective organizations may approve
exemptions from the requirement for the display of U.S. Government
license tags and other official identification for motor vehicles used
for security or investigative purposes.
Sec. 109-38.204-3 Requests for exempted motor vehicles in the District
of Columbia.
The Director, Office of Administrative Services is designated to
approve requests for regular District of Columbia license tags, and
furnishes annually the name and specimen signature of each
representative authorized to approve such requests to the District of
Columbia Department of Transportation.
Sec. 109-38.204-4 Report of exempted motor vehicles.
DOE offices shall provide upon request the necessary information to
the DPMO to enable that office to submit a report of exempted vehicles.
Sec. 109-38.204-50 Records of exempted motor vehicles.
The Director, Office of Administrative Services and heads of field
organizations shall maintain records of motor vehicles exempted from
displaying U.S. Government license tags and other identification. The
records shall contain a listing, by type, of each exempted motor
vehicle operated during the previous fiscal year, giving information
for each motor vehicle on hand at the beginning of the year and each of
those newly authorized during the year, including:
(a) Name and title of authorizing official (including any
authorization by Headquarters and GSA);
(b) Date exemption was authorized;
(c) Justification for exemption and limitation on use of the
exempted motor vehicle;
(d) Date of discontinuance for any exemption discontinued during
the year; and
(e) Probable duration of exemptions for motor vehicles continuing
in use.
Subpart 109-38.3--Official Use of Government Motor Vehicles
Sec. 109-38.300 Scope.
This subpart prescribes the requirements governing the use of
Government motor vehicles for official purposes by designated
contractors.
Sec. 109-38.301 Authorized use.
The use of Government motor vehicles by officers and employees of
the Government is governed by the provisions of 41 CFR 101-6.4 and
section 109-6.4 of this chapter.
Sec. 109-38.301-1 Contractors' use.
Heads of field organizations shall ensure that provisions of the
FPMR concerning contractor use of Government motor vehicles are
complied with by their designated contractors.
Sec. 109-38.301-1.50 Authorization for transportation between
residence and place of employment.
(a) Government motor vehicles shall not be used for transportation
between residence and place of employment by
[[Page 19634]]
designated contractor personnel except under extenuating circumstances
specifically provided for under the terms of the contract. Examples of
circumstances eligible for prior approval of home-to-work motor vehicle
use which would be appropriate to include in the terms of the contract
include: use related to safety or security operations, use related to
compelling operational considerations, and use determined as cost
effective to DOE's interest. Under no circumstances shall the comfort
and convenience, or managerial position, of contractor employees be
considered justification for authorization of use.
(b) The use of Government motor vehicles for transportation between
residence and place of employment (including sporadic use) by
designated contractor personnel shall be approved in writing by the
Head of the field organization or designee, with delegation no lower
than the Assistant Manager for Administration at the Operations Offices
or the equivalent position at other DOE contracting activities provided
that the individual is a warranted contracting officer. The
contractor's request for approval shall include the name and title of
the employee, the reason for the use, and the expected duration of the
use. Each authorization is limited to one year, but can be extended for
an unlimited number of additional one-year periods.
Sec. 109-38.301-1.51 Emergency use.
(a) Procedures for authorization of designated contractor use of
Government motor vehicles in emergencies, including unscheduled
overtime situations at remote sites where prior approval is not
possible, shall be included in a contractor's approved property
management procedures. The procedures shall include examples of
emergency situations warranting such use. Records detailing instances
of emergency use shall be maintained and review of all such emergency
or overtime use must be certified through established audit procedures
on at least an annual basis by the OPMO.
(b) In limiting the use of Government motor vehicles to official
purposes, it is not intended to preclude their use in emergencies
threatening loss of life or property. Such use shall be documented and
the documentation retained for three years.
Sec. 109-38.301-1.52 Maintenance of records.
Designated contractors shall maintain logs or other records on the
use of a Government motor vehicle for transportation between an
employee's residence and place of employment. As a minimum, these logs
shall indicate the employee's name, date of use, time of departure and
arrival, miles driven, and names of other passengers. Cognizant finance
offices shall be provided with applicable data on employees who utilize
Government motor vehicles for such transportation for purposes of the
Deficit Reduction Act of 1984 concerning the taxation of fringe
benefits.
Sec. 109-38.301-1.53 Responsibilities of motor vehicle operators.
Designated contractors shall assure that their employees are aware
of their responsibilities, identical to those listed in Sec. 109-6.400-
50 of this chapter for DOE employees, concerning the use and operation
of Government motor vehicles.
Subpart 109-38.4--Use and Replacement Standards
Sec. 109-38.401 Use standards.
Sec. 109-38.401-2 Use of self-service pumps.
It is DOE policy that motor vehicle operators shall use self-
service pumps in accordance with the provisions of 41 CFR 101-38.401-2.
Sec. 109-38.402 Replacement standards.
(a) [Reserved]
(b) Motor vehicles may be replaced without regard to the
replacement standards in 41 CFR 101-38.402 only after certification by
the Director of Administrative Services or the Head of the field
organization for their respective organizations that a motor vehicle is
beyond economical repair due to accident damage or wear caused by
abnormal operating conditions.
Sec. 109-38.402-50 Prompt disposal of replaced motor vehicles.
A replaced motor vehicle shall be removed from service and disposed
of prior to or as soon as practicable after delivery of the replacement
motor vehicle to avoid concurrent operation of both motor vehicles.
Sec. 109-38.403 Responsibility for damages.
Sec. 109-38.403-1 Policy.
The policy for assigning responsibility for vehicle damage is to
recover from users the costs for damages which would adversely affect
the vehicle's resale.
Sec. 109-38.403-2 Responsibility.
The designated contractor will charge the using organization all
costs resulting from damage, including vandalism, theft and parking lot
damage to a DOE vehicle which occurs during the period that the vehicle
is assigned to an employee of that organization. The charges recovered
by the designated maintenance operation will be used to repair the
vehicle. Other examples for which organizations will be charged are as
follows:
(a) Damage caused by misuse or abuse inconsistent with normal
operation and local conditions; or
(b) Repair costs which are incurred as a result of user's failure
to obtain required preventative maintenance; or
(c) Unauthorized purchases or repairs, including credit card
misuse, provided there is a clear, flagrant, and documented pattern of
such occurrences.
Sec. 109-38.403-3 Exceptions.
Exceptions to Sec. 109-38.403-2 of this subpart are as follows:
(a) As the result of the negligent or willful act of a party other
than the organization or it's employee, and the responsible party can
be determined; or
(b) As a result of mechanical failure and the employee was not
otherwise negligent. Proof of the failure must be provided; or
(c) As a result of normal wear comparable to similar vehicles.
Subpart 109-38.5--Scheduled Maintenance
Sec. 109-38.502 Guidelines.
Sec. 109-38.502-50 DOE guidelines.
(a) Whenever practicable and cost effective, commercial service
facilities shall be utilized for the maintenance of motor vehicles.
(b) Individual vehicle maintenance records shall be kept to provide
records of past repairs, as a control against unnecessary repairs and
excessive maintenance, and as an aid in determining the most economical
time for replacement.
(c) One-time maintenance and repair limitations shall be
established by the motor equipment fleet manager. To exceed repair
limitations, approval of the motor equipment fleet manager is required.
(d) Warranties.
(1) Motor vehicles under manufacturer's warranty shall be repaired
under the terms of the warranty.
(2) When motor vehicles are maintained in Government repair
facilities in isolated locations that are distant from franchised
dealer facilities, or when it is not practical to return the vehicles
to a dealer, a billback agreement shall be sought from manufacturers to
permit warranty work to be performed on a reimbursable basis.
[[Page 19635]]
Subpart 109-38.7--Transfer, Storage, and Disposal of Motor Vehicles
Sec. 109-38.701 Transfer of title for Government-owned motor vehicles.
Sec. 109-38.701-50 Authority to sign Standard Form 97, The United
States Government Certificate to Obtain Title to a Vehicle.
The Standard Form (SF) 97 shall be signed by an appropriate
contracting officer. The Director, Office of Administrative Services
and heads of field organizations for their respective organizations may
delegate the authority to sign SF 97 to responsible DOE personnel under
their jurisdiction.
Subpart 109-38.8--Standard Form 149, U.S. Government National
Credit Card
Sec. 109-38.800 General.
(a)--(c) [Reserved]
(d) The Director, Office of Administrative Services and heads of
field organizations for their respective organizations shall be
responsible for establishing procedures to provide for the
administrative control of fleet credit cards. Administrative control
shall include, as a minimum:
(1) A reconciliation of on-hand credit cards with the inventory
list provided by GSA,
(2) Providing motor vehicle operators with appropriate instructions
regarding the use and protection of credit cards against theft and
misuse,
(3) The taking of reasonable precautions in the event an SF 149 or
SF 149A is lost or stolen to minimize the opportunity of purchases
being made by unauthorized persons, including notification to the
paying office of the loss or theft,
(4) Validation of credit card charges to ensure they are for
official use only items, and
(5) Being on the alert for any unauthorized bills.
Sec. 109-38.801 Obtaining SF 149, U.S. Government National Credit
Card.
DOE offices electing to use national credit cards shall request the
assignment of billing address code numbers from the DPMO. Following the
assignment, DOE organizations shall submit orders for issuance of
national credit cards in accordance with the instructions provided by
GSA.
Subpart 109-38.9--Federal Motor Vehicle Fleet Report
Sec. 109-38.902 Records.
The Director, Office of Administrative Services and OPMOs for their
respective organizations shall establish adequate records for
accounting and reporting purposes.
Sec. 109-38.903 Reporting of data.
Sec. 109-38.903-50 Reporting DOE motor vehicle data.
(a) DOE offices and designated contractors operating DOE-owned or
commercially-leased motor vehicles shall prepare the following reports
using SF 82, Agency Report of Motor Vehicle Data or DOE approved
equivalent, for the entire fleet including security vehicles.
(1) DOE Report of Motor Vehicle Data.
(2) DOE Report of Truck Data.
(b) Designated contractors shall submit the reports to the DOE
contracting office for review and approval. DOE offices shall submit
reports, including designated contractor reports, to the DPMO by
November 15 of each year.
(c) Copies of the report forms may be obtained by contacting the
DPMO.
(d) Personal computer generated reports are acceptable provided
that the standard report format is followed.
Subpart 109-38.51--Utilization of Motor Equipment
Sec. 109-38.5100 Scope of subpart.
This subpart prescribes policies and procedures concerning the
utilization of motor equipment.
Sec. 109-38.5101 Policy.
It is DOE policy to keep the number of motor vehicles and other
motor equipment at the minimum needed to satisfy programmatic
requirements. To attain this goal, controls and practices shall be
established which will achieve the most practical and economical
utilization of motor equipment. These controls and practices apply to
all DOE-owned and commercially leased motor equipment and to GSA
Interagency Fleet Management System motor vehicles.
Sec. 109-38.5102 Utilization controls and practices.
Controls and practices to be used by DOE organizations and
designated contractors for achieving maximum economical utilization of
motor equipment shall include, but not be limited to:
(a) The maximum use of motor equipment pools, taxicabs, shuttle
buses, or other common service arrangements;
(b) The minimum, practicable assignment of motor equipment to
individuals, groups, or specific organizational components;
(c) The maintenance of individual motor equipment use records, such
as trip tickets or vehicle logs, or hours of use, as appropriate,
showing sufficiently detailed information to evaluate appropriateness
of assignment and adequacy of use being made. If one-time use of a
motor vehicle is involved, such as assignments from motor pools, the
individual's trip records must, as a minimum, identify the motor
vehicle and show the name of the operator, dates, destination, time of
departure and return, and mileage;
(d) The rotation of motor vehicles between high and low mileage
assignments where practicable to maintain the fleet in the best overall
replacement age and mileage balance and operating economy;
(e) The charging, if considered feasible, to the user organization
for the cost of operating and maintaining motor vehicles assigned to
groups or organizational components. These charge-back costs should
include all direct and indirect costs of the motor vehicle fleet
operation as determined by the field organization and contractor
finance and accounting functions;
(f) The use of dual-purpose motor vehicles capable of hauling both
personnel and light cargo whenever appropriate to avoid the need for
two motor vehicles when one can serve both purposes. However, truck-
type or van vehicles shall not be acquired for passenger use merely to
avoid statutory limitations on the number of passenger motor vehicles
which may be acquired;
(g) The use of motor scooters and motorcycles in place of higher
cost motor vehicles for certain applications within plant areas, such
as mail and messenger service and small parts and tool delivery. Their
advantage, however, should be weighed carefully from the standpoint of
overall economy (comparison with cost for other types of motor
vehicles) and increased safety hazards, particularly when mingled with
other motor vehicle traffic; and
(h) The use of electric vehicles for certain applications. The use
of these vehicles is encouraged wherever it is feasible to use them to
further the goal of fuel conservation.
Sec. 109-38.5103 Motor vehicle utilization standards.
(a) The following average utilization standards are established for
DOE as objectives for those motor vehicles operated generally for those
purposes for which acquired:
(1) Sedans and station wagons, general purpose use--12,000 miles
per year.
(2) Light trucks (4 x 2's) and general purpose vehicles, one ton
and under
[[Page 19636]]
(less than 12,500 GVWR)--10,000 miles per year.
(3) Medium trucks and general purpose vehicles, 1\1/2\ ton through
2\1/2\ ton (12,500 to 23,999 GVWR)--7,500 miles per year.
(4) Heavy trucks and general purpose vehicles, three ton and over
(24,000 GVWR and over)--7,500 miles per year.
(5) Truck tractors--10,000 miles per year.
(6) All-wheel-drive vehicles--7,500 miles per year.
(7) Other motor vehicles--No utilization standards are established
for other trucks, ambulances, buses, law enforcement motor vehicles,
and special purpose vehicles. The use of these motor vehicles shall be
reviewed at least annually by the motor equipment fleet manager and
action shall be taken and documented to verify that the motor vehicles
are required to meet programmatic, health, safety, or security
requirements.
(b) When operating circumstances prevent the above motor vehicle
utilization standards from being met, local use objectives must be
established and met as prescribed in Sec. 109-38.5105 of this subpart.
Sec. 109-38.5104 Other motor equipment utilization standards.
No utilization standards are established for motor equipment other
than motor vehicles. Each DOE office should establish through an
agreement between the fleet manager and the OPMO utilization criteria
for other motor equipment including heavy mobile equipment and review,
adjust, and approve such criteria annually. Utilization of various
classifications of other motor equipment can be measured through
various statistics including miles, hours of use, number of trips, and
fuel consumption. A utilization review of other motor equipment shall
be performed at least annually by the motor equipment fleet manager to
justify retainment or disposition of excess equipment not needed to
fulfill Departmental, programmatic, health, safety, or security
requirements.
Sec. 109-38.5105 Motor vehicle local use objectives.
(a) Individual motor vehicle utilization cannot always be measured
or evaluated strictly on the basis of miles operated or against any
Department-wide mileage standard. For example, light trucks
specifically fitted for use by a plumber, welder, etc., in the
performance of daily work assignments, would have uniquely tailored use
objectives, different from those set forth for a truck used for general
purposes. Accordingly, efficient local use objectives, which represent
practical units of measurement for motor vehicle utilization and for
planning and evaluating future motor vehicle requirements, must be
established and documented by the Organizational Motor Equipment Fleet
Manager. The objectives should take into consideration past
performance, future requirements, geographical disbursement, and
special operating requirements.
(b) These objectives shall be reviewed and adjusted as appropriate,
but not less often than annually, by the motor equipment fleet manager.
The reviews shall be documented. The Organizational Motor Equipment
Fleet Manager is responsible for reviewing and approving in writing all
proposed local use objectives.
Sec. 109-38.5106 Application of motor vehicle use goals.
(a) At least annually, the motor equipment fleet manager will
review motor vehicle utilization statistics and all motor vehicles
failing to meet the applicable DOE utilization standard or local use
objective must be identified.
(b) Prompt action must be initiated to:
(1) Reassign the underutilized motor vehicles;
(2) Dispose of the underutilized motor vehicles; or
(3) Obtain a special justification from users documenting their
continued requirement for the motor vehicle and any proposed actions to
improve utilization. Any requirement for underutilized motor vehicles
which the motor equipment fleet manager proposes to continue in its
assignment, must be submitted in writing to the Organizational Motor
Equipment Fleet Manager for approval.
(c) Both Department-wide standards and local use objectives should
be applied in such a manner that their application does not stimulate
motor vehicle use for the purpose of meeting the objective. The
ultimate standard against which motor vehicle use must be measured is
that the minimum number of motor vehicles will be retained to satisfy
program requirements.
Subpart 109-38.52--Watercraft
Sec. 109-38.5200 Scope of subpart.
This subpart establishes basic policies and procedures that apply
to the management of watercraft operated by DOE organizations and
designated contractors. The head of each Departmental organization
operating watercraft shall issue such supplemental instructions as may
be needed to ensure the efficient use and management of watercraft.
Sec. 109-38.5201 Definition.
As used in this subpart the following definition applies:
Watercraft means any vessel used to transport persons or material
on water.
Sec. 109-38.5202 Watercraft operations.
(a) No person may operate a watercraft on a waterway until skill of
operation and basic watercraft knowledge have been demonstrated.
(b) Operators of watercraft shall check the vessel to ensure that
necessary equipment required by laws applicable to the area of
operation are present, properly stowed, and in proper working order.
(c) Operators shall comply with all applicable Federal, state, and
local laws pertaining to the operation of watercraft.
(d) Operators shall not use watercraft or carry passengers except
in the performance of official Departmental assignments.
Sec. 109-38.5203 Watercraft identification and numbers.
Watercraft in the custody of DOE or designated contractors shall
display identifying numbers, whether issued by the U.S. Coast Guard,
State, or local field organization, in accordance with applicable
requirements.
PART 109-39--INTERAGENCY FLEET MANAGEMENT SYSTEMS
Subpart 109-39.1--Establishment, Modification, and Discontinuance of
Interagency Fleet Management Systems
Sec.
109-39.101 Notice of intention to begin a study.
109-39.101-1 Agency cooperation.
109-39.103 Agency appeals.
109-39.105 Discontinuance or curtailment of service.
109-39.105-2 Agency requests to withdraw participation.
109-39.106 Unlimited exemptions.
109-39.107 Limited exemptions.
Subpart 109-39.3--Use and Care of GSA Interagency Fleet Management
System Vehicles
109-39.300 General.
109-39.301 Utilization guidelines.
Authority: 42 U.S.C. 7254.
[[Page 19637]]
Subpart 109-39.1--Establishment, Modification, and Discontinuance
of Interagency Fleet Management Systems
Sec. 109-39.101 Notice of intention to begin a study.
Sec. 109-39.101-1 Agency cooperation.
The Director, Office of Administrative Services and heads of field
organizations for their respective organizations shall designate
representatives to coordinate with GSA concerning the establishment of
a GSA fleet management system to serve their organization.
Sec. 109-39.103 Agency appeals.
The Director, Office of Administrative Services and heads of field
organizations for their respective organizations may appeal, or request
exemption from, a determination made by GSA concerning the
establishment of a fleet management system. A copy of the appeal or
request shall be forwarded to the DPMO.
Sec. 109-39.105 Discontinuance or curtailment of service.
Sec. 109-39.105-2 Agency requests to withdraw participation.
Should circumstances arise that would tend to justify
discontinuance or curtailment of participation by a DOE organization of
a given interagency fleet management system, the participating
organization should forward complete details to the DPMO for
consideration and possible referral to the Administrator of General
Services.
Sec. 109-39.106 Unlimited exemptions.
The Director, Office of Administrative Services and heads of field
organizations for their respective organizations shall make the
determination that an unlimited exemption from inclusion of a motor
vehicle in a fleet management system is warranted. A copy of the
determination shall be forwarded to GSA and to the DPMO.
Sec. 109-39.107 Limited exemptions.
The Director, Office of Administrative Services and heads of field
organizations for their respective organizations shall seek limited
exemptions from the fleet management system.
Subpart 109-39.3--Use and Care of GSA Interagency Fleet Management
System Vehicles
Sec. 109-39.300 General.
(a)-(c) [Reserved]
(d) Motor equipment fleet managers shall ensure that operators and
passengers in GSA Interagency Fleet Management System (IFMS) motor
vehicles are aware of the prohibition against the use of tobacco
products in these vehicles.
Sec. 109-39.301 Utilization guidelines.
DOE activities utilizing GSA IFMS motor vehicles will receive and
review vehicle utilization statistics in order to determine if miles
traveled justify vehicle inventory levels. Activities should retain
justification for the retention of vehicles not meeting DOE utilization
guidelines or established local use objectives, as appropriate. Those
vehicles not justified for retention shall be returned to the issuing
GSA interagency fleet management center.
PART 109-40--TRANSPORTATION AND TRAFFIC MANAGEMENT
Subpart 109-40.1--General Provisions
Sec.
109-40.000 Scope of part.
109-40.000-50 Applicability to contractors.
109-40.102 Representation before regulatory bodies.
109-40.103 Selection of carriers.
109-40.103-1 Domestic transportation.
109-40.103-2 Disqualification and suspension of carriers.
109-40.103-3 International transportation.
109-40.104 Use of Government-owned transportation equipment.
109-40.109 Utilization of special contracts and agreements.
109-40.110 Assistance to economically disadvantaged transportation
businesses.
109-40.110-1 Small business assistance.
109-40.110-2
Minority business enterprises.
109-40.112 Transportation factors in the location of Government
facilities.
109-40.113 Insurance against transportation hazards.
Subpart 109-40.3--Traffic Management
109-40.301 Traffic management functions administration.
109-40.302 Standard routing principle.
109-40.303-3 Most fuel efficient carrier/mode.
109-40.304 Rate tenders to the Government.
109-40.305-50 Negotiations involving national security.
109-40.306-1 Recommended rate tender format.
109-40.306-2 Required shipping documents and annotations.
109-40.306-3 Distribution.
Subpart 109-40.50--Bills of Lading
109-40.5000 Scope of subpart.
109-40.5001 Policy.
109-40.5002 Applicability.
109-40.5003 Commercial bills of lading.
109-40.5004 Government bills of lading.
109-40.5005 Description of property for shipment.
Subpart 109-40.51--Price-Anderson Coverage Certifications for Nuclear
Shipments
109-40.5100 Scope of subpart.
109-40.5101 Policy.
Authority: Sec. 161, as amended, 68 Stat. 948; 42 U.S.C. 2201;
sec. 205, as amended, 63 Stat. 390; 40 U.S.C. 486; sec. 644, 91
Stat. 585, 42 U.S.C. 7254.
Subpart 109-40.1--General Provision
Sec. 109-40.000 Scope of part.
This part describes DOE regulations governing transportation and
traffic management activities. It also covers arrangements for
transportation and related services by bill of lading. These
regulations are designed to ensure that all transportation and traffic
management activities will be carried out in the manner most
advantageous to the Government in terms of economy, efficiency,
service, environment, safety and security.
Sec. 109-40.000-50 Applicability to contractors.
DOE-PMR 109-40, Transportation and Traffic Management, should be
applied to cost-type contractors' transportation and traffic management
activities. Departure by cost-type contractors from the provisions of
these regulations may be authorized by the contracting officer provided
the practices and procedures followed are consistent with the basic
policy objectives in these regulations and DOE Order 460.2,
Departmental Materials Transportation and Packaging Management, except
to the extent such departure is prohibited by statute or executive
order.
Sec. 109-40.102 Representation before regulatory bodies.
Participation in proceedings related to carrier applications to
regulatory bodies for temporary or permanent authority to operate in
specified geographical locations shall be confined to statements or
testimony in support of a need for service and shall not extend to
support of individual carriers or groups of carriers.
Sec. 109-40.103 Selection of carriers.
Sec. 109-40.103-1 Domestic transportation.
(a) Preferential treatment, normally, shall not be accorded to any
mode of transportation (motor, rail, air, water) or to any particular
carrier when arranging for domestic transportation services. However
where, for valid reasons, a particular mode of transportation or a
particular carrier within that mode must be used to meet specific
program requirements and/or limitations, only that mode or carrier
shall be considered.
[[Page 19638]]
Examples of valid reasons for considering only a particular mode or
carrier are:
(1) Where only a certain mode of transportation or individual
carrier is able to provide the needed service or is able to meet the
required delivery date; and
(2) Where the consignee's installation and related facilities
preclude or are not conducive to service by all modes of
transportation.
(b) The following factors are considered in determining whether a
carrier or mode of transportation can meet DOE's transportation service
requirements for each individual shipment:
(1) Availability and suitability of carrier equipment;
(2) Carrier terminal facilities at origin and destination;
(3) Pickup and delivery service, if required;
(4) Availability of required or accessorial and special services,
if needed;
(5) Estimated time in transit;
(6) Record of past performance of the carrier; and
(7) Availability and suitability of transit privileges.
Sec. 109-40.103-2 Disqualification and suspension of carriers.
Disqualification and suspension are measures which exclude carriers
from participation, for temporary periods of time, in DOE traffic. To
ensure that the Government derives the benefits of full and free
competition of interested carriers, disqualification and suspension
shall not apply for any period of time longer than necessary to protect
the interests of the Government.
Sec. 109-40.103-3 International transportation.
See 4 CFR 52.2 for a certificate required in nonuse of U.S. flag
vessels or U.S. flag certificated air carriers.
(a) U.S.-flag ocean carriers. Arrangements for international ocean
transportation services shall be made in accordance with the provisions
of section 901(b) of the Merchant Marine Act of 1936, as amended (46
U.S.C. 1241(b)) concerning the use of privately owned U.S.-flag
vessels.
(b) U.S.-flag certificated air carriers. Arrangements for
international air transportation services shall be made in accordance
with the provisions of section 5(a) of the International Air
Transportation Fair Competition Practices Act of 1974 (49 U.S.C. 1517),
which requires the use of U.S.-flag certificated air carriers for
international travel of persons or property to the extent that services
by these carriers is available.
Sec. 109-40.105 Use of Government-owned transportation equipment.
The preferred method of transporting property for the Government is
through use of the facilities and services of commercial carriers.
However, Government vehicles may be used when they are available to
meet emergencies and accomplish program objectives which cannot be
attained through use of commercial carriers.
Sec. 109-40.109 Utilization of special contracts and agreements.
From time to time special transportation agreements are entered
into on a Government-wide or DOE-wide basis and are applicable,
generally, to DOE shipments. The HQ DOE Manager, Transportation
Operations and Traffic, will distribute information on such agreements
to field offices as it becomes available.
Sec. 109-40.110 Assistance to economically disadvantaged
transportation businesses.
Sec. 109-40.110-1 Small business assistance.
Consistent with the policies of the Government with respect to
small businesses, DOE shall place with small business concerns a fair
proportion of the total purchases and contracts for transportation and
related services such as packing and crating, loading and unloading,
and local drayage.
Sec. 109-40.110-2 Minority business enterprises.
Minority business enterprises shall have the maximum practical
opportunity to participate in the performance of Government contracts.
DOE shall identify transportation-related minority enterprises and
encourage them to provide services that will support DOE's
transportation requirements.
Sec. 109-40.112 Transportation factors in the location of Government
facilities.
Transportation rate, charges, and commercial carrier transportation
services shall be considered and evaluated prior to the selection of
new site locations and during the planning and construction phases in
the establishment of leased or relocated Government installations or
facilities to ensure that consideration is given to the various
transportation factors that may be involved in this relocation or
deactivation.
Sec. 109-40.113 Insurance against transportation hazards.
The policy of the Government with respect to insurance of its
property while in the possession of commercial carriers is set forth in
41 CFR 1-19.107.
Subpart 109-40.3--Traffic Management
Sec. 109-40.301 Traffic management functions administration.
The DOE traffic management functions are accomplished by
established field traffic offices under provisions of appropriate
Departmental directives and Headquarters' staff traffic management
supervision.
Sec. 109-40.302 Standard routing principle.
(a) Shipments shall be routed using the mode of transportation, or
individual carriers within the mode, that can provide the required
service at the lowest overall delivered cost to the Government.
(b) When more than one mode of transportation, or more than one
carrier within a mode, can provide equally satisfactory service at the
same overall cost the traffic shall be distributed as equitably as
practicable among the modes and among the carriers within the modes.
Sec. 109-40.303-3 Most fuel efficient carrier/mode.
When more than one mode, or more than one carrier within a mode,
can satisfy the service requirements of a specific shipment at the same
lowest aggregate delivered cost, the carrier/mode determined to be the
most fuel efficient will be selected. In determining the most fuel
efficient carrier/mode, consideration will be given to such factors as
use of the carrier's equipment in ``turn around'' service, proximity of
carrier equipment to the shipping activity, and ability of the carrier
to provide the most direct service to the destination points.
Sec. 109-40.304 Rate tenders to the Government.
Under the provisions of section 10721 of the Interstate Commerce
Act (49 U.S.C. 10721), common carriers are permitted to submit to the
Government tenders which contain rates lower than published tariff
rates available to the general public. In addition, rates tenders may
be applied to shipments other than those made by the Government
provided the total benefits accrue to the Government; that is, provided
the Government pays the charges or directly and completely reimburses
the party that initially bears the freight charges (323 ICC 347 and 332
ICC 161).
[[Page 19639]]
Sec. 109-40.305-50 Negotiations involving national security.
Title 49 U.S.C., section 10721(b)(2) provides that rate tenders to
the Government must be filed by the carriers within the Interstate
Commerce Commission unless a carrier is advised by the U.S. Government
that disclosure of a quotation or tender of a rate established * * *
for transportation provided to the U.S. Government would endanger the
National security. Carriers will be informed by the negotiating
official if any quotation or tender to the Department of Energy
involves such information.
Sec. 109-40.306-1 Recommended rate tender format.
Only those rate tenders which have been submitted by the carriers
in writing shall be considered for use. Carriers should be encouraged
to use the format ``Uniform Tender of Rates and/or Charges for
Transportation Services'' when preparing and submitting rate tenders to
the Government. Rate tenders that are ambiguous in meaning shall be
resolved in favor of the Government.
Sec. 109-40.306-2 Required shipping documents and annotations.
(a) To qualify for transportation under section 10721 rates,
property must be shipped by or for the Government on:
(1) Government bills of lading;
(2) Commercial bills of lading endorsed to show that these bills of
lading are to be converted to Government bills of lading after delivery
to the consignee;
(3) Commercial bills of lading showing that the Government is
either the consignor or the consignee and endorsed with the following
statement:
Transportation hereunder is for the U.S. Department of Energy,
and the actual total transportation charges paid to the carrier(s)
by the consignor or consignee are assignable to, and are to be
reimbursed by, the Government.
(b) When a rate tender is used for transportation furnished under a
cost-reimbursable contract, the following endorsement shall be used on
covering commercial bills of lading:
Transportation hereunder is for the U.S. Department of Energy,
and the actual total transportation charges paid to the carrier(s)
by the consignor or consignee are to be reimbursed by the
Government, pursuant to cost-reimbursable contract number (insert
contract number). This may be confirmed by contacting the agency
representative at (name and telephone number).
See 332 ICC 161.
(c) To ensure proper application of a Government rate tender on all
shipments qualifying for their use, the issuing officer shall show on
the bills of lading covering such shipments the applicable rate tender
number and carrier identification, such as: ``Section 10721 tender, ABC
Transportation Company, ICC No. 374.'' In addition, if commercial bills
of lading are used, they shall be endorsed as specified above.
Sec. 109-40.306-3 Distribution.
Each agency receiving rate tenders shall promptly submit one signed
copy to the Transportation and Public Utilities Service (WIT), General
Services Administration, Washington, DC 20407. Also, two copies
(including at least one signed copy) shall be promptly submitted to the
General Services Administration (TA), Chester A. Arthur Building,
Washington, DC 20406.
Subpart 109-40.50--Bills of Lading
Sec. 109-40.5000 Scope of subpart.
This subpart sets forth the requirements under which commercial or
Government bills of lading may be used.
Sec. 109-40.5001 Policy.
Generally DOE cost-type contractors will use commercial bills of
lading in making shipments for the account of DOE. Cost-type
contractors may be authorized by the contracting officer to use
Government bills of lading if such use will be advantageous to the
Government. Such authorizations shall be coordinated with the HQ DOE
Manager, Transportation Operations and Traffic.
Sec. 109-40.5002 Applicability.
The policy and procedures set forth in this subpart shall be
applied when DOE's cost-type contractors use commercial bills of
lading.
Sec. 109-40.5003 Commercial bills of lading.
(a) DOE's cost-type contractors using commercial bills of lading in
making shipments for the account of DOE shall include the following
statement on all commercial bills of lading:
This shipment is for the account of the U.S. Government which
will assume the freight charges and is subject to the terms and
conditions set forth in the standard form of the U.S. Government
bills of lading and to any available special rates or charges.
(b) The language in paragraph (a) of this section may be varied
without materially changing its substance to satisfy the needs of
particular cost-type contractors for the purpose of obtaining the
benefit of the lowest available rates for the account of the
Government.
(c) Where practicable, commercial bills of lading shall provide for
consignment of a shipment to DOE c/o the cost-type contractor or by the
contractor ``for the DOE.''
(d) Commercial bills of lading exceeding $10,000 issued by cost-
type contractors shall be annotated with a typewritten, rubber stamp,
or similar impression containing the following wording:
Equal Employment Opportunity. All provisions of Executive Order
11246, as amended by Executive Order 11375, and of the rules,
regulations, and relevant orders of the Secretary of Labor are
incorporated herein.
Sec. 109-40.5004 Government bills of lading.
In those instances where DOE cost-type contractors are authorized
to use Government bills of lading, specific employees of cost-type
contractors will be authorized by the contracting officer to issue such
Government bills of lading (see Title V, U.S. Government Accounting
Office Policy and Procedures Manual for Guidance of Federal Agencies).
Sec. 109-40.5005 Description of property for shipment.
(a) Each shipment shall be described on the bill of lading or other
shipping document as specified by the governing freight classification,
carrier's tariff, or rate tender. Shipments shall be described as
specifically as possible. Trade names such as ``Foamite'' or
``Formica,'' or general terms such as ``vehicles,'' ``furniture,'' or
``Government supplies,'' shall not be used as bill of lading
descriptions.
(b) A shipment containing hazardous materials, such as explosives,
radioactive materials, flammable liquids, flammable solids, oxidizers,
or poison A or poison B, shall be prepared for shipment and described
on bills of lading or other shipping documents in accordance with the
Department of Transportation Hazardous Materials Regulation, 49 CFR,
parts 100-189.
Subpart 109-40.51--Price-Anderson Coverage Certifications for
Nuclear Shipments
Sec. 109-40.5100 Scope of subpart.
This subpart sets forth the policy for issuance of certifications
regarding Price-Anderson coverage of particular shipments of nuclear
materials.
Sec. 109-40.5101 Policy.
Upon request of a carrier, an appropriate certification will be
issued by an authorized representative of the DOE to the carrier
regarding the applicability of Price-Anderson indemnity to a particular
shipment. Copies of such certifications, if performed by a Field
Manager or a DOE
[[Page 19640]]
cost-type contractor, shall be provided to the HQ DOE Manager,
Transportation Operations and Traffic.
SUBCHAPTER H--UTILIZATION AND DISPOSAL
PART 109-42--UTILIZATION AND DISPOSAL OF HAZARDOUS MATERIALS AND
CERTAIN CATEGORIES OF PROPERTY
Subpart 109-42.11--Special Types of Hazardous Material and Certain
Categories of Property
Sec.
109-42.1100.50 Scope of subpart.
109-42.1100.51 Policy.
109-42.1102-8 United States Munitions List items which require
demilitarization.
109-42.1102-51 Suspect personal property.
109-42.1102-52 Low level contaminated personal property.
Authority: 40 U.S.C. 486(c).
Subpart 109-42.11--Special Types of Hazardous Material and Certain
Categories of Property
Sec. 109-42.1100.50 Scope of subpart.
This subpart sets forth policies and procedures for the utilization
and disposal outside of DOE of excess and surplus personal property
which has been radioactively or chemically contaminated.
Sec. 109-42.1100.51 Policy.
When the holding organization determines it is appropriate to
dispose of contaminated personal property, it shall be disposed of by
DOE in accordance with appropriate Federal regulations governing
radiation/chemical exposure and environmental contamination. In special
cases where Federal regulations do not exist or apply, appropriate
state and local regulations shall be followed.
Sec. 109-42.1102-8 United States Munitions List items which require
demilitarization.
Heads of field organizations shall determine demilitarization
requirements regarding combat material and military personal property
using DoD 4160.21-M-1, Defense Demilitarization Manual as a guide.
Sec. 109-42.1102-51 Suspect personal property.
(a) Excess personal property (including scrap) having a history of
use in an area where radioactive or chemical contamination may occur
shall be considered suspect and shall be monitored using appropriate
instruments and techniques by qualified personnel of the DOE office or
contractor generating the excess.
(b) With due consideration to the economic factors involved, every
effort shall be made to reduce the level of contamination of excess or
surplus personal property to the lowest practicable level. Contaminated
personal property that exceeds applicable contamination standards shall
not be utilized or disposed outside DOE.
(c) If contamination is suspected and the property is of such size,
construction, or location as to make testing for contamination
impossible, the property shall not be utilized or disposed outside of
DOE.
Sec. 109-42.1102-52 Low level contaminated personal property.
If monitoring of suspect personal property indicates that
contamination does not exceed applicable standards, it may be utilized
and disposed of in the same manner as uncontaminated personal property,
provided the guidance in Sec. 109-45.5005-1(a) of this chapter has been
considered. However, recipients shall be advised where levels of
radioactive contamination require specific controls for shipment as
provided in Department of Transportation Regulations (49 CFR parts 171-
179) for shipment of radioactive personal property. In addition, when
any contaminated personal property is screened within DOE, reported to
GSA, or otherwise disposed of, the kind and degree of contamination
must be plainly indicated on all pertinent documents.
PART 109-43--UTILIZATION OF PERSONAL PROPERTY
Sec.
109-43.001 Definition.
Subpart 109-43.1--General Provisions
109-43.101 Agency utilization reviews.
109-43.103 Agency utilization officials.
Subpart 109-43.3--Utilization of Excess
109-43.302 Agency responsibility.
109-43.302-50 Utilization by designated contractors.
109-43.304 Reporting requirements.
109-43.304-1 Reporting.
109-43.304-1.50 DOE reutilization screening.
109-43.304-1.51 Transfers within DOE.
109-43.304-2 Form and distribution of reports.
109-43.304-4 Property at installations due to be discontinued.
109-43.305 Property not required to be formally reported.
109-43.305-50 Nuclear-related and proliferation-sensitive personal
property.
109-43.307 Items requiring special handling.
109-43.307-2 Hazardous materials.
109-43.307-2.50 Monitoring of hazardous personal property.
109-43.307-2.51 Holding hazardous personal property.
109-43.307-3 Conditional gifts for defense purposes.
109-43.307-4 Conditional gifts to reduce the public debt.
109-43.307-50 Export controlled personal property.
109-43.307-51 Classified personal property.
109-43.307-52 Nuclear-related or proliferation-sensitive personal
property.
109-43.307-53 Automatic Data Processing Equipment (ADPE).
109-43.307-54 Unsafe personal property.
109-43.312 Use of excess personal property on cost-reimbursement
contracts.
109-43.313 Use of excess personal property on cooperative
agreements.
109-43.314 Use of excess personal property on grants.
109-43.315 Certification of non-Federal agency screeners.
Subpart 109-43.5--Utilization of Foreign Excess Personal Property
109-43.502 Holding agency responsibilities.
Subpart 109-43.47--Reports
109-43.4701 Performance reports.
Subpart 109-43.50--Utilization of Personal Property Held for Facilities
in Standby
109-43.5000 Scope of subpart.
Sec. 109-43.5001 Definition.
109-43.5002 Reviews to determine need for retaining items.
Authority: 40 U.S.C. 486(c).
109-43.001 Definition.
DOE screening period means the period of time that reportable
excess personal property is screened throughout DOE for reutilization
purposes and, for selected items, through the Used Energy-Related
Laboratory Equipment (ERLE) Grant Program.
Subpart 109-43.1--General Provisions
Sec. 109-43.101 Agency utilization reviews.
DOE offices and designated contractors are responsible for
continuously surveying property under their control to assure maximum
use, and shall promptly identify property that is excess to their needs
and make it available for use elsewhere.
Sec. 109-43.103 Agency utilization officials.
The DPMO is designated as the DOE National Utilization Officer.
Subpart 109-43.3--Utilization of Excess
Sec. 109-43.302 Agency responsibility.
Sec. 109-43.302-50 Utilization by designated contractors.
Heads of field organizations may authorize designated contractors
to
[[Page 19641]]
perform the functions pertaining to the utilization of excess personal
property normally performed by a Federal agency, provided the
designated contractors have written policies and procedures.
Sec. 109-43.304 Reporting requirements.
Sec. 109-43.304-1 Reporting.
Sec. 109-43.304-1.50 DOE reutilization screening.
(a) Prior to reporting excess personal property to GSA, reportable
personal property shall be screened for reutilization within DOE
through the Reportable Excess Automated Property System (REAPS) for a
30-day period. REAPS also provides for a 15-day expedited screening
period for certain categories of personal property for economic
development and to satisfy urgent conditions.
(b) An additional 30-day screening period shall be allocated for
items eligible for screening by educational institutions through ERLE.
(c) Items in FSCG 66 (Instruments and Laboratory Equipment), 70
(General Purpose Information Processing Equipment (including
firmware)), and 99 (Miscellaneous) are reportable when the unit
acquisition cost is $1,000 or more.
(d) In exceptional or unusual cases when time is critical,
screening of excess property may be accomplished by telegram or
facsimile with due consideration given to the additional costs
involved. Examples of situations when this method of screening would be
used are when there is a requirement for quick disposal actions due to
unplanned contract terminations or facilities closing; to alleviate the
paying of storage costs; when storage space is critical; to process
exchange/sale transactions; property dangerous to public health and
safety; property determined to be classified or otherwise sensitive for
reasons of national security (when classified communications facilities
are used); or for hazardous materials which may not be disposed of
outside of the Department.
(e) Concurrent DOE and Federal agency screening generally shall not
be conducted.
Sec. 109-43.304-1.51 Transfers within DOE.
Transfers within DOE generally shall be effected by completion of a
SF-122, Transfer Order Excess Personal Property. Except for those
designated contractors authorized by the DOE contracting office to
execute transfer orders, transfers to DOE contractors must be approved
by the cognizant DOE property administrator for the contractor
receiving the property.
Sec. 109-43.304-2 Form and distribution of reports.
Reportable property will be electronically reported by REAPS
directly to GSA following internal DOE and ERLE screening.
Sec. 109-43.304-4 Property at installations due to be discontinued.
When closing installations, DOE offices shall work with the
appropriate GSA regional offices to develop site utilization and
disposal programs:
(a) In developing a disposal program, property shall be determined
to be excess to DOE needs before reporting it to GSA.
(b) If a deviation from DOE policy or procedures is required, prior
written approval of the Deputy Assistant Secretary for Procurement and
Assistance Management shall be obtained.
(c) When deviation from existing GSA regulations is involved,
approval by the appropriate GSA regional office will be sufficient to
validate the disposition. A copy of the GSA approval should be
forwarded for information to the DPMO.
Sec. 109-43.305 Property not required to be formally reported.
(a) [Reserved]
(b) Equipment, parts, accessories, jigs and components which are of
special design, composition, or manufacture and which are intended for
use only by specific DOE installations (such as spare parts for
equipment used in atomic processes) are not reportable and shall not be
formally screened within DOE or reported to GSA.
Sec. 109-43.305-50 Nuclear-related and proliferation-sensitive
personal property.
Nuclear-related and proliferation-sensitive property is not
reportable and shall not be formally screened within DOE or reported to
GSA.
Sec. 109-43.307 Items requiring special handling.
Sec. 109-43.307-2 Hazardous materials.
Sec. 109-43.307-2.50 Monitoring of hazardous personal property.
To provide assurance that hazardous personal property is not being
inadvertently released from the site by transfer or sale to the public,
all hazardous or suspected hazardous personal property shall be checked
for contamination by environmental, safety, and health officials.
Contamination-free personal property will be tagged with a
certification tag authorizing release for transfer or sale.
Contaminated personal property will be referred back to the program
office for appropriate action.
Sec. 109-43.307-2.51 Holding hazardous personal property.
Excess or surplus hazardous personal property shall not be
commingled with non-hazardous personal property while waiting
disposition action.
Sec. 109-43.307-3 Conditional gifts for defense purposes.
The Director, Office of Administrative Services and heads of field
organizations shall take appropriate action as required when
conditional gifts are offered.
Sec. 109-43.307-4 Conditional gifts to reduce the public debt.
The Director, Office of Administrative Services and heads of field
organizations shall take appropriate action as required when
conditional gifts are offered.
Sec. 109-43.307-50 Export controlled personal property.
(a) When personal property that is subject to export controls is
being exported directly by DOE (e.g., a transfer of nuclear equipment
or materials as part of a program of cooperation with another country),
DOE or the DOE contractor must obtain the necessary export license.
(b) When personal property subject to export controls is
transferred under work-for-others agreements, co-operative agreements,
or technical programs, the recipients will be informed in writing that:
(1) The property is subject to export controls;
(2) They are responsible for obtaining export licenses or
authorizations prior to transferring or moving the property to another
country; and
(3) They are required to pass on export control guidance if they
transfer the property to another domestic or foreign recipient.
Sec. 109-43.307-51 Classified personal property.
Classified personal property which is excess to DOE needs shall be
stripped of all characteristics which cause it to be classified, or
otherwise rendered unclassified, as determined by the cognizant program
office, prior to any disposition action. The cognizant program office
shall certify that appropriate action has been taken to declassify the
personal property as required. Declassification shall be accomplished
in a manner which will preserve, so far as practicable, any civilian
utility or commercial value of the personal property.
[[Page 19642]]
Sec. 109-43.307-52 Nuclear-related or proliferation-sensitive personal
property.
(a) Recognizing that property disposal officials will not have the
technical knowledge to identify nuclear-related and proliferation-
sensitive personal property, all such personal property shall be
physically tagged with a certification signed by an authorized program
official at time of determination by the program office of the personal
property as excess. Such an authorized official should be designated in
writing with signature cards on file in the property office.
(b) Nuclear-related and proliferation-sensitive personal property
which is excess to DOE needs shall be stripped of all characteristics
which cause it to be nuclear-related or proliferation-sensitive
personal property, as determined by the cognizant program office, prior
to disposal. The cognizant program office shall certify that
appropriate actions have been taken to strip the personal property as
required, or shall provide the property disposal office with adequate
instructions for stripping the items. Such action shall be accomplished
in a manner which will preserve, so far as practicable, any civilian
utility or commercial value of the personal property.
Sec. 109-43.307-53 Automatic data processing equipment (ADPE).
All ADPE shall be sanitized before being transferred into excess to
ensure that all data, information, and software has been removed from
the equipment. Designated computer support personnel must indicate that
the equipment has been sanitized by attaching a certification tag to
the item. Sanitized ADPE will be utilized and disposed in accordance
with the provisions of the FPMR.
Sec. 109-43.307-54 Unsafe personal property.
Personal property that is considered defective or unsafe must be
mutilated prior to shipment for disposal.
Sec. 109-43.312 Use of excess personal property on cost-reimbursement
contracts.
(a) [Reserved]
(b) It is DOE policy for designated contractors to use Government
excess personal property to the maximum extent possible to reduce
contract costs. However, the determination required in 41 CFR 101-
43.312(b) does not apply to such contracts, and a DOE official is not
required to execute transfer orders for authorized designated
contractors. The procedures prescribed in 41 CFR 101-43.309-5 for
execution of transfer orders apply.
Sec. 109-43.313 Use of excess personal property on cooperative
agreements.
(a)--(c) [Reserved].
(d) Heads of field organizations shall ensure that required records
are maintained in a current status.
Sec. 109-43.314 Use of excess personal property on grants.
(a)-(e) [Reserved]
(f) Heads of field organizations shall ensure that the records
required by 41 CFR 101-43.314(f) are maintained.
Sec. 109-43.315 Certification of non-Federal agency screeners.
(a)-(c) [Reserved]
(d) Contracting officers shall maintain a record of the number of
certified non-Federal agency screeners operating under their authority
and shall immediately notify the appropriate GSA regional office of any
changes in screening arrangements.
Subpart 109-43.5--Utilization of Foreign Excess Personal Property
Sec. 109-43.502 Holding agency responsibilities.
(a) [Reserved]
(b) Property which remains excess after utilization screening
within the general foreign geographical area where the property is
located shall be reported to the accountable field office or
Headquarters program organization for consideration for return to the
United States for further DOE or other Federal utilization. The
decision to return property will be based on such factors as
acquisition cost, residual value, condition, usefulness, and cost of
transportation.
Subpart 109-43.47--Reports
Sec. 109-43.4701 Performance reports.
(a) and (b) [Reserved]
(c) The annual report of personal property furnished (e.g.,
transfers, gifts, loans, leases, license agreements, and sales) to non-
Federal recipients, including elementary and secondary schools, is
furnished to GSA by the DPMO. Feeder reports, using the format
illustrated below, shall be submitted to the DPMO by November 15 of
each year.
(1) Field office feeder reports shall include the following:
(i) Data for all excess personal property obtained from other
Federal agencies and furnished to any DOE offsite or designated
contractor or financial assistance recipient;
(ii) Data for all DOE personal property no longer needed by a DOE
direct operation and subsequently furnished to any DOE offsite or
designated contractor or financial assistance recipient.
(iii) Data for all personal property furnished to elementary and
secondary schools and non-profit organizations under initiatives to
support science and mathematics education.
(2) Field office feeder reports shall not include data for
contractor inventory which is declared excess and subsequently
redistributed through REAPS (or other means within DOE) to other DOE
contractors or designated contractors' subcontractors.
(3) The feeder report from the Office of Science Education
Programs, using the following format, will include data for all
personal property furnished to non-federal recipients and institutions
of higher learning under the ERLE Grant Program.
----------------------------------------------------------------------------------------------------------------
Original cost of Digit federal supply
Name and address of recipient Recipient's status property classification group
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
Subpart 109-43.50--Utilization of Personal Property Held for
Facilities in Standby
Sec. 109-43.5000 Scope of subpart.
This subpart supplements 41 CFR part 101-43 by providing policies
and procedures for the economic and efficient utilization of personal
property associated with facilities placed in standby status.
Sec. 109-43.5001 Definition.
Facility in standby means a complete plant or section of a plant,
which is neither in service or declared excess.
Sec. 109-43.5002 Reviews to determine need for retaining items.
Procedures and practices shall require an initial review at the
time the plant is placed in standby to determine which items can be
made available for use elsewhere within the established start-up
criteria; periodic reviews (no less than biennially) to determine need
for continued retention of property; and special reviews when a change
in start-up time is made or when circumstances warrant. Such procedures
should recognize that:
(a) Equipment, spares, stores items, and materials peculiar to a
plant should be retained for possible future operation of the plant;
(b) Where practicable, common-use stores should be removed and used
elsewhere; and
(c) Uninstalled equipment and other personal property not required
should be utilized elsewhere on-site or be disposed of as excess.
[[Page 19643]]
PART 109-44--DONATION OF PERSONAL PROPERTY
Subpart 109-44.7--Donations of Property to Public Bodies
Sec.
109-44.701 Findings justifying donation to public bodies.
109-44.702 Donations to public bodies.
109-44.702-3 Hazardous materials.
Authority: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c).
Subpart 109-44.7--Donations of Property to Public Bodies
Sec. 109-44.701 Findings justifying donation to public bodies.
The Director, Office of Administrative Services and heads of field
organizations shall appoint officials to make required findings and
reviews.
Sec. 109-44.702 Donations to public bodies.
Sec. 109-44.702-3 Hazardous materials.
The Director, Office of Administrative Services and heads of field
organizations shall be responsible for the safeguards, notifications,
and certifications required by 41 CFR part 101-42 and part 109-42 of
this chapter, as well as compliance with all other requirements
therein.
PART 109-45--SALE, ABANDONMENT, OR DESTRUCTION OF PERSONAL PROPERTY
Subpart 109-45.1--General
Sec.
109-45.105 Exclusions and exemptions.
109-45.105-3 Exemptions.
Subpart 109-45.3--Sale of Personal Property
109-45.300-50 Sales by designated contractors.
109-45.301-51 Export/import clause.
109-45.302 Sale to Government employees.
109-45.302-50 Sales to DOE employees and designated contractor
employees.
109-45.303 Reporting property for sale.
109-45.303-3 Delivery.
109-45.304 Sales methods and procedures.
109-45.304-2 Negotiated sales and negotiated sales at fixed prices.
109-45.304-2.50 Negotiated sales and negotiated sales at fixed
prices by designated contractors.
109-45.304-6 Reviewing authority.
109-45.304-50 Processing bids and awarding of contracts.
109-45.304-51 Documentation.
109-45.309 Special classes of property.
109-45.309-2.50 Hazardous property.
109-45.309-51 Export controlled property.
109-45.309-52 Classified property.
109-45.309-53 Nuclear-related or proliferation-sensitive property.
109-45.309-54 Automatic Data Processing Equipment (ADPE).
109-45.310 Antitrust laws.
109-45.317 Noncollusive bids and proposals.
Subpart 109-45.6--Debarred, Suspended, and Ineligible Contractors
109-45.601 Policy.
109-45.602 Listing debarred or suspended contractors.
Subpart 109-45.9--Abandonment or Destruction of Personal Property
109-45.901 Authority to abandon or destroy.
109-45.902 Findings justifying abandonment or destruction.
109-45.902-2 Abandonment or destruction without notice.
Subpart 109-45.10--Recovery of Precious Metals
109-45.1002 Agency responsibilities.
109-45.1002-3 Precious metals recovery program monitor.
109-45.1003 Recovery of silver from precious metals bearing
materials.
109-45.1004 Recovery and use of precious metals through the DOD
Precious Metals Recovery Program.
Subpart 109-45.47--Reports
109-45.4702 Negotiated sales reports.
Subpart 109-45.50--Excess and Surplus Radioactively and Chemically
Contaminated Personal Property
109-45.5005 Disposal.
109-45.5005-1 General.
Subpart 109-45.51--Disposal of Excess and Surplus Personal Property in
Foreign Areas
109-45.5100 Scope of subpart.
109-45.5101 Authority.
109-45.5102 General.
109-45.5103 Definitions.
109-45.5104 Disposal.
109-45.5104-1 General.
109-45.5104-2 Methods of disposal.
109-45.5105 Reports.
Authority: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c), para.
101-45.400-45.405 also issued under sec. 307, 49 Stat. 880; 40
U.S.C. 3041.
Subpart 109-45.1--General
Sec. 109-45.105 Exclusions and exemptions.
Sec. 109-45.105-3 Exemptions.
GSA, by letter dated May 28, 1965, exempted contractor inventory
held by DOE designated contractors from the GSA conducted sales
provisions of 41 CFR 101-45.
Subpart 109-45.3--Sale of Personal Property
Sec. 109-45.300-50 Sales by designated contractors.
Sales of surplus contractor inventory will be conducted by
designated contractors when heads of field organizations determine that
it is in the best interest of the Government. OPMOs and appropriate
program officials shall perform sufficient oversight over these sales
to ensure that personal property requiring special handling or program
office certification is sold in accordance with regulatory
requirements.
Sec. 109-45.301-51 Export/import clause.
The following clause shall be included in all sales invitations for
bid:
Personal property purchased from the U.S. Government may or may
not be authorized for export/import from/into the country where the
personal property is located. If export/import is allowed, the
purchaser is solely responsible for obtaining required clearances or
approvals. The purchaser also is required to pass on DOE's export
control guidance if the property is resold or otherwise disposed.
Sec. 109-45.302 Sale to Government employees.
Sec. 109-45.302-50 Sales to DOE employees and designated contractor
employees.
(a) DOE employees and employees of designated contractors shall be
given the same opportunity to acquire Government personal property as
is given to the general public, provided the employees warrant in
writing prior to award that they have not either directly or
indirectly:
(1) Obtained information not otherwise available to the general
public regarding usage, condition, quality, or value of the personal
property, or
(2) Participated in:
(i) The determination to dispose of the personal property;
(ii) The preparation of the personal property for sale; and
(iii) Determining the method of sale.
(b) Excess or otherwise unusable special, fitted clothing and other
articles of personal property, acquired for the exclusive use of an
individual employee, may be sold to the employee for the best price
obtainable when the property is no longer required by the holding
organization or the employee is terminated.
Sec. 109-45.303 Reporting property for sale.
Sec. 109-45.303-3 Delivery.
(a)-(b) [Reserved].
(c) Guidelines for signature authorization and control of blank
copies of Standard Form 97, United States Government Certificate to
Obtain Title to a Vehicle are contained in subpart 109-38.7 of this
chapter.
Sec. 109-45.304 Sales methods and procedures.
Sec. 109-45.304-2 Negotiated sales and negotiated sales at fixed
prices.
(a)(1) [Reserved].
(2) The head of each field organization shall designate a
responsible person to approve
[[Page 19644]]
negotiated sales by DOE direct operations.
(3) Requests for prior approval of negotiated sales by DOE direct
operations shall be submitted with justification to the OPMO for review
and forwarding to GSA for approval.
(b) [Reserved]
Sec. 109-45.304-2.50 Negotiated sales and negotiated sales at fixed
prices by designated contractors.
(a) Negotiated sales by designated contractors of surplus
contractor inventory may be made when the DOE contracting officer
determines and documents prior to the sale that the use of this method
of sale is justified on the basis of the circumstances enumerated
below, provided that the Government's interests are adequately
protected. These sales shall be at prices which are fair and reasonable
and not less than the proceeds which could reasonably be expected to be
obtained if the personal property was offered for competitive sale.
Specific conditions justifying negotiated sales include:
(1) No acceptable bids have been received as a result of
competitive bidding under a suitable advertised sale;
(2) Personal property is of such small value that the proceeds to
be derived would not warrant the expense of a formal competitive sale;
(3) The disposal will be to a state, territory, possession,
political subdivision thereof, or tax-supported agency therein, and the
estimated fair market value of the personal property and other
satisfactory terms of disposal are obtained by negotiation;
(4) The specialized nature and limited use potential of the
personal property would create negligible bidder interest;
(5) Removal of the personal property would result in a significant
reduction in value, or the accrual of disproportionate expense in
handling; or
(6) It can be clearly established that such action is in the best
interests of the Government.
(b) When determined to be in the best interests of the Government,
heads of field organizations may authorize fixed-price sales of surplus
contractor inventory by designated contractors provided:
(1) The fair market value of the item to be sold does not exceed
$15,000;
(2) Adequate procedures for publicizing such sales have been
established;
(3) The sales prices are not less than could reasonably be expected
if competitive bid sales methods were employed and the prices have been
approved by a reviewing authority designated by the head of the field
organization; and
(4) The warranty prescribed in Sec. 109-45.302-50(a) of this
subpart is obtained when sales are made to employees.
Sec. 109-45.304-6 Reviewing authority.
The reviewing authority may consist of one or more persons
designated by the head of the field organization.
Sec. 109-45.304-50 Processing bids and awarding of contracts.
The procedures established in 48 CFR 14.4 and 48 CFR 914.4 shall be
made applicable to the execution, receipt, safeguarding, opening,
abstraction, and evaluation of bids and awarding contracts, except that
in evaluating bids and awarding contracts, disposal under conditions
most advantageous to the Government based on high bids received shall
be the determining factor.
Sec. 109-45.304-51 Documentation.
Files pertaining to surplus property sales shall contain copies of
all documents necessary to provide a complete record of the sales
transactions and shall include the following as appropriate:
(a) A copy of the request/invitation for bids if a written request/
invitation for bids is employed. A list of items or lots sold,
indicating acquisition cost, upset price and sales price indicated.
(b) A copy of the advertising literature distributed to prospective
bidders.
(c) A list of prospective bidders solicited.
(d) An abstract of bids received.
(e) Copies of bids received, including Standard Form 119,
Contractor's Statement of Contingent or Other Fees, together with other
relevant information.
(f) A statement concerning the basis for determination that
proceeds constitute a reasonable return for property sold.
(g) When appropriate, full and adequate justification for not
advertising the sale when the fair market value of property sold in
this manner in any one case exceeds $1,000.
(h) A justification concerning any award made to other than the
high bidder.
(i) The approval of the reviewing authority when required.
(j) A copy of the notice of award.
(k) All related correspondence.
(l) In the case of auction or spot bid sales, the following
additional information should be included:
(1) A summary listing of the advertising used (e.g., newspapers,
radio, television, and public postings).
(2) The names of the prospective bidders who attended the sale.
(3) A copy of any pertinent contract for auctioneering services and
related documents.
(4) A reference to files containing record of deposits and
payments.
Sec. 109-45.309 Special classes of property.
Sec. 109-45.309-2.50 Hazardous property.
Hazardous property shall be made available for sale only after the
review and certification requirements of Sec. 109-43.307-2.50 of this
subpart have been met.
Sec. 109-45.309-51 Export controlled property.
Export controlled property shall be made available for sale only
after the export license requirements of Sec. 109-43.307-50 of this
subpart have been met.
Sec. 109-45.309-52 Classified property.
Classified property shall be made available for sale only after the
declassification requirements of Sec. 109-43.307-51 of this subpart
have been met.
Sec. 109-45.309-53 Nuclear-related or proliferation sensitive
property.
Nuclear-related or proliferation-sensitive property shall be made
available for sale only after the stripping and certification
requirements of Sec. 109-43.307-52 of this subpart have been met.
Sec. 109-45.309-54 Automatic Data Processing Equipment (ADPE).
ADPE shall be made available for sale only after the sanitizing and
certification requirements of Sec. 109-43.307-53 of this subpart have
been met.
Sec. 109-45.310 Antitrust laws.
DOE offices shall submit to the Deputy Assistant Secretary for
Procurement and Assistance Management any request for a proposed sale
of a patent, process, technique, or invention, regardless of cost; or
of surplus personal property with a fair market value of $3,000,000 or
more.
Sec. 109-45.317 Noncollusive bids and proposals.
(a) [Reserved]
(b) The head of the field organization shall make the determination
required in 41 CFR 101-45.317(b). This authority cannot be redelegated.
Subpart 109-45.6--Debarred, Suspended, and Ineligible Contractors
Sec. 109-45.601 Policy.
(a)-(b) [Reserved]
(c) The Director, Office of Administrative Services and heads of
[[Page 19645]]
field organization shall make the compelling reason determination when
entering into a contract for the purchase of surplus Government
personal property by a debarred or suspended contractor.
(d) The Deputy Assistant Secretary for Procurement and Assistance
Management shall make the determination for simultaneously debarring
and suspending a contractor from the purchase of surplus Federal
personal property and the award of sales contracts.
Sec. 109-45.602 Listing debarred or suspended contractors.
(a) [Reserved]
(b) The Director, Office of Administrative Services and heads of
field organizations shall establish procedures to ensure that listed
contractors are not awarded contracts.
Subpart 109-45.9--Abandonment or Destruction of Personal Property
Sec. 109-45.901 Authority to abandon or destroy.
Personal property in the possession of DOE offices or designated
contractors may be abandoned or destroyed provided that a written
determination has been made by the OPMO that property has no commercial
value or the estimated cost of its continued care and handling would
exceed the estimated proceeds from its sale.
Sec. 109-45.902 Findings justifying abandonment or destruction.
Sec. 109-45.902-2 Abandonment or destruction without notice.
The head of the field organization shall designate an official to
make the findings justifying abandonment or destruction without public
notice of personal property. The OPMO shall review and coordinate on
the findings.
Subpart 109-45.10--Recovery of Precious Metals
Sec. 109-45.1002 Agency responsibilities.
The Director, Office of Administrative Services and heads of field
organizations are responsible for establishing a program for the
recovery of precious metals.
Sec. 109-45.1002-3 Precious metals recovery program monitor.
The DPMO shall be the precious metals recovery program monitor.
Sec. 109-45.1003 Recovery of silver from precious metals bearing
materials.
The Director, Office of Administrative Services and heads of field
organizations are responsible for the establishment and maintenance of
a program for silver recovery from used hypo solution and scrap film.
Sec. 109-45.1004 Recovery and use of precious metals through the DOD
Precious Metals Recovery Program.
DOE operates its own precious metals pool and therefore does not
participate in the DOD Precious Metals Recovery Program. See Sec. 109-
27.5106 of this chapter for guidance on operation of the DOE precious
metals pool.
Subpart 109-45.47--Reports
Sec. 109-45.4702 Negotiated sales reports.
The report of negotiated sales shall be submitted by DOE offices to
the DPMO by November 15 of each year for furnishing to GSA.
Subpart 109-45.50--Excess and Surplus Radioactively and Chemically
Contaminated Personal Property
Sec. 109-45.5005 Disposal.
Sec. 109-45.5005-1 General.
(a) Nuclear-related, proliferation-sensitive, low level
contaminated property, and classified personal property shall not be
transferred, sold, exchanged, leased, donated, abandoned, or destroyed
without approval of the cognizant program office. Disposal of this
personal property is subject to the restrictions contained in
applicable sections of part 109-42 and Secs. 109-43.307-50, 109-43.307-
51, and 109-43.307-52 of this chapter, and applicable sections of 41
CFR part 101-42.
(b) Personal property that is considered defective or unsafe must
be mutilated prior to shipment for disposal.
Subpart 109-45.51--Disposal of Excess and Surplus Personal Property
in Foreign Areas
Sec. 109-45.5100 Scope of subpart.
This subpart sets forth policies and procedures governing the
disposal of DOE-owned foreign excess and surplus personal property.
Sec. 109-45.5101 Authority.
The policies and procedures contained in this subpart are issued
pursuant to the provisions of 40 USC 471, Federal Property and
Administrative Services Act of 1949, as amended. Title IV of the Act
entitled ``Foreign Excess Property'' provides that, except where
commitments exist under previous agreements, all excess personal
property located in foreign areas shall be disposed of by the owning
agency, and directs that the head of the agency conform to the foreign
policy of the United States in making such disposals.
Sec. 109-45.5102 General.
Disposal of Government-owned personal property in the custody of
DOE organizations or its contractors in foreign areas shall be made in
an efficient and economical manner, and in conformance with the foreign
policy of the United States.
Sec. 109-45.5103 Definitions.
As used in this subpart, the following definitions apply:
Foreign means outside the United States, Puerto Rico, American
Samoa, Guam, the Trust Territory of the Pacific Islands, and the Virgin
Islands.
Foreign service post means the local diplomatic or consular post in
the area where the excess personal property is located.
Sec. 109-45.5104 Disposal.
Sec. 109-45.5104-1 General.
Foreign excess personal property which is not required for transfer
within DOE or to other U.S. Government agencies, except for the
personal property identified in Sec. 109-45.5005-1(a) of this part,
shall be considered surplus and may be disposed of by transfer, sale,
exchange, or lease, for cash, credit, or other property and upon such
other terms and conditions as may be deemed proper. Such personal
property may also be donated, abandoned, or destroyed under the
conditions specified in Sec. 109-45.5105-2(c) of this subpart. Most
foreign governments have indicated to the U.S. State Department that
they wish to be consulted before U.S. Government property is disposed
of in their countries (except in the case of transfers to other U.S.
Government agencies). Matters concerning customs duties and taxes, or
similar charges, may require prior agreement with the foreign
government involved. The State Department shall be contacted in regard
to these issues. Whenever advice or approval of the State Department is
required by this subpart, it may be obtained either through the foreign
service post in the foreign area involved or from the State Department
in Washington, DC. If the issue is to be presented to the State
Department in Washington, DC, it shall be referred through appropriate
administrative channels to the Deputy Assistant Secretary for
Procurement and Assistance Management for review, coordination, and
handling.
[[Page 19646]]
Sec. 109-45.5104-2 Methods of disposal.
(a) Sales of foreign surplus personal property shall be conducted
in accordance with the following guidelines:
(1) Generally, all sales of foreign surplus personal property shall
be conducted under the competitive bid process unless it is
advantageous and more practicable to the Government not to do so. When
competitive bids are not solicited, reasonable inquiry of prospective
purchasers shall be made in order that sales may be made on terms most
advantageous to the U.S. Government.
(2) In no event shall any personal property be sold in foreign
areas without a condition which states that its importation into the
United States is forbidden unless the U.S. Secretary of Agriculture (in
the case of any agricultural commodity, food, cotton, or woolen goods),
or the U.S. Secretary of Commerce (in the case of any other property),
has determined that the importation of such property would relieve
domestic shortages or otherwise be beneficial to the economy of the
United States.
(3) Sales documents shall provide that the purchaser must pay any
import duties or taxes levied against personal property sold in the
country involved and further provide that the amount of this duty or
tax shall not be included as a part of the price paid the U.S.
Government for the personal property. In the event the levy is placed
upon the seller by law, the buyer will be required to pay all such
duties or taxes and furnish the seller copies of his receipts prior to
the release of the personal property to him. However, if the foreign
government involved will not accept payment from the buyer, the seller
will collect the duties or taxes and turn the amounts collected over to
the foreign government. Accounting for the amounts collected shall be
coordinated with the disbursing officer of the nearest United States
foreign service post. The property shall not be released to the
purchaser until the disposal officer is satisfied that there is no
responsibility for payment by the United States (as contrasted to
collection by the United States) of taxes, duties, excises, etc.
(4) Certain categories of personal property, including small arms
and machine guns; artillery and projectiles; ammunition, bombs,
torpedoes, rockets and guided missiles; fire control equipment and
range finders; tanks and ordnance vehicles; chemical and biological
agents, propellants and explosives; vessels of war and special naval
equipment; aircraft and all components, parts and accessories for
aircraft; military electronic equipment; aerial cameras, military
photo-interpretation, stereoscopic plotting and photogrammetry
equipment; and all material not enumerated which is included in the
United States Munitions List, 22 CFR 121.01, and is subject to disposal
restrictions. Advance approval must be obtained from the State
Department for the sale of all such articles. Therefore, prior to the
sale of any of the articles enumerated in the U.S. Munitions List, the
foreign service post in the area shall be consulted.
(5) Prior to the sale of personal property which has a total
acquisition cost of $250,000 or more, plans for such sale shall be
reported to the DPMO with ample time to allow consideration of possible
foreign policy issues and advice thereon from the State Department (see
section 109-45.5106(a) of this subpart). All proposed sales, regardless
of the total acquisition cost of the personal property involved, which
the head of the DOE foreign office believes might have a significant
economic or political impact in a particular area, shall be discussed
with the foreign service post.
(b) While there is authority for exchange or lease of foreign
surplus personal property, such authority shall be exercised only when
such action is clearly in the best interests of the U.S. Government.
Disposals by exchange are subject to the same requirements as disposals
by sale under Sec. 109-45.5105-2(a) of this subpart.
(c)(1) Foreign excess or surplus personal property (including
salvage and scrap) may be donated, abandoned, or destroyed provided:
(i) The property has no commercial value or the estimated cost of
its care and handling would exceed the estimated proceeds from its
sale; and
(ii) A written finding to that effect is made and approved by the
Deputy Assistant Secretary for International Energy Policy, Trade and
Investment.
(2) No personal property shall be abandoned or destroyed if
donation is feasible. Donations under these conditions may be made to
any agency of the U.S. Government, or to educational, public health, or
charitable nonprofit organizations.
(3) Foreign excess personal property may also be abandoned or
destroyed when such action is required by military necessity, safety,
or considerations of health or security. A written statement explaining
the basis for disposal by these means and approval by the Deputy
Assistant Secretary for International Energy Policy, Trade and
Investment is required.
(4) Property shall not be abandoned or destroyed in a manner which
is detrimental or dangerous to public health and safety, or which will
cause infringement on the rights of other persons.
Sec. 109-45.5105 Reports.
(a) Proposed sales of foreign surplus personal property having an
acquisition cost of $250,000 or more shall be reported to the DPMO and
should include all pertinent data, including the following:
(1) The description of personal property to be sold, including:
(i) Identification of personal property (description should be in
terms understandable to persons not expert in technical nomenclature).
Personal property covered by the U.S. Munitions List and regulations
pertaining thereto (as published in 22 CFR 121.01) should be clearly
identified;
(ii) Quantity;
(iii) Condition; and
(iv) Acquisition cost.
(2) The proposed method of sale (e.g., sealed bid, negotiated sale,
etc.)
(3) Any currency to be received and payment provisions (i.e., U.S.
dollars, foreign currency, or credit, including terms of the proposed
sale).
(4) Any restrictions on use of personal property to be sold (such
as resale of property, disposal as scrap, demilitarization, etc.).
(5) Any special terms or conditions of sale.
(6) The categories of prospective purchasers (e.g., host country,
other foreign countries, special qualifications, etc.).
(7) How taxes, excises, duties, etc., will be handled.
(b) Instructions for reporting foreign excess utilization and
disposal transactions are contained in Chapter III of DOE Order 534.1,
Accounting.
PART 109-46--UTILIZATION AND DISPOSAL OF PERSONAL PROPERTY PURSUANT
TO EXCHANGE/SALE AUTHORITY
Sec.
109-46.000 Scope of part.
109-46.000-50 Applicability.
Subpart 109-46.2--Authorization
109-46.202 Restrictions and limitations.
109-46.203 Special authorizations.
Authority: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c).
Sec. 109-46.000 Scope of part.
Sec. 109-46.000-50 Applicability.
(a) Except as set forth in paragraphs (a)(1)-(a)(5), the
requirements of FPMR Part 101-46 and this part are not
[[Page 19647]]
applicable to designated contractors. Designated contractors shall
comply with the following FPMR requirements:
(1) 101-46.200
(2) 101-46.201-1
(3) 101-46.202(b)(2), (3), (4), (5), (6), and (7)
(4) 101-46.202(c)(1), (2), (4), (5), (6), (7), (10), (11), and (12)
(5) 101-46.202(d)
(b) Items in the following Federal Supply Classification Groups
(FSCG) are not eligible for processing under the exchange/sale
provision. Requests for waivers must be processed through the DPMO to
GSA.
Description
FSCG
10 Weapons
11 Nuclear ordnance
12 Fire control equipment
14 Guided missiles
15 Aircraft and airframe structural components (except FSC Class
1560, Airframe structural components)
20 Ship and marine equipment
22 Railway equipment
41 Firefighting, rescue, and safety equipment
Subpart 109-46.2--Authorization
Sec. 109-46.202 Restrictions and limitations.
(a), (b), (c)(1)-(c)(9) [Reserved]
(c)(10) The Director, Office of Administrative Services and heads
of field organizations for their respective organizations shall
designate an official to make the certification that a continuing valid
requirement exists for excess personal property acquired and placed in
official use for less than one year but no longer required and is to be
disposed of under the exchange/sale provisions.
(c)(11) [Reserved]
(c)(12) Heads of field organizations shall make the determination
concerning demilitarization of combat material.
Sec. 109-46.203 Special authorizations.
(a) [Reserved]
(b) The Director, Office of Administrative Services and heads of
field organizations for their respective organizations shall designate
an official to make the certification concerning the exchange of
historic items for historical preservation or display.
PART 109-48--UTILIZATION, DONATION, OR DISPOSAL OF ABANDONED AND
FORFEITED PERSONAL PROPERTY
Sec.
109-48.000 Scope of part.
109-48.000-50 Applicability.
Subpart 109-48.1--Utilization of Abandoned and Forfeited Personal
Property
109-48.101 Forfeited or voluntarily abandoned property.
109-48.101-6 Transfer to other Federal agencies.
Authority: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c).
Sec. 109-48.000 Scope of part.
Sec. 109-48.000-50 Applicability.
This part is applicable to contractor operations where the
abandoned or forfeited personal property is found on premises owned or
leased by the Government that are managed and operated by designated
contractors.
Subpart 109-48.1--Utilization of Abandoned and Forfeited Personal
Property
Sec. 109-48.101 Forfeited or voluntarily abandoned property.
Sec. 109-48.101-6 Transfer to other Federal agencies.
(a)-(e) [Reserved]
(d) Transfer orders for forfeited or voluntarily abandoned
distilled spirits, wine, and malt beverages for medicinal, scientific,
or mechanical purposes or any other official purposes for which
appropriated funds may be expended by a Government agency shall be
forwarded through normal administrative channels for signature by the
DPMO and for subsequent forwarding to GSA for release.
(f) Transfer orders for reportable forfeited drug paraphernalia
shall be forwarded through normal administrative channels for signature
by the DPMO and for subsequent forwarding to GSA for approval.
PART 109-50--SPECIAL DOE DISPOSAL AUTHORITIES
Sec.
109-50.000 Scope of part.
109-50.001 Applicability.
Subpart 109-50.1--Used Energy-Related Laboratory Equipment Grant
Program
109-50.100 Scope of subpart.
109-50.101 Applicability.
109-50.102 General.
109-50.103 Definitions.
109-50.104 Equipment which may be granted.
109-50.105 Equipment which may not be granted.
109-50.106 Procedure.
109-50.107 Reporting.
Subpart 109-50.2--Math and Science Equipment Gift Program
109-50.200 Scope of subpart.
109-50.201 Applicability.
109-50.202 Definitions.
109-50.203 Eligible equipment.
109-50.204 Limitations.
109-50.205 Procedure.
109-50.206 Reporting.
Subpart 109-50.3--[Reserved]
Subpart 109-50.4--Programmatic Disposal to Contractors of DOE Property
in a Mixed Facility
109-50.400 Scope of subpart.
109-50.401 Definitions.
109-50.402 Submission of proposals.
109-50.403 Need to establish DOE program benefit.
Subpart 109-50.48--Exhibits
109-50.4800 Scope of subpart.
109-50.4801 Equipment Gift Agreement.
Authority: Sec. 644, Pub. L. 95-91, 91 Stat. 599 (42 U.S.C.
7254); sec. 31, Atomic Energy Act, as amended; Energy Reorganization
Act of 1974, secs. 103 and 107; Title III, Department of Energy
Organization Act; E.O. 12999; sec. 3710(i), Stevenson-Wydler
Technology Innovation Act, as amended (15 U.S.C. 3710(i)); Pub. L.
101-510, Department of Energy Science Education Enhancement Act;
Pub. L. 102-245, American Technologies Preeminence Act of 1991 (15
U.S.C. 3701); Office of Energy Research Financial Assistance
Regulations (10 CFR part 605).
Sec. 109-50.000 Scope of part.
This part provides guidance on the policies, practices, and
procedures for the disposal of DOE property under special legislative
authorities.
Sec. 109-50.001 Applicability.
The provisions of this part apply to direct DOE operations and to
designated contractors only when specifically provided for in the
appropriate subpart.
Subpart 109-50.1--Used Energy-Related Laboratory Equipment Grant
Program
Sec. 109-50.100 Scope of subpart.
This subpart provides guidance on the granting of used energy-
related laboratory equipment to universities and colleges and other
nonprofit educational institutions of higher learning in the United
States for use in energy-oriented educational programs.
Sec. 109-50.101 Applicability.
This subpart is applicable to DOE offices and designated
contractors.
Sec. 109-50.102 General.
DOE, to encourage research and development in the field of energy,
awards grants of excess energy-related laboratory equipment to eligible
institutions for use in energy-oriented educational programs. Under the
Used Energy-Related Laboratory Equipment (ERLE) Grant Program, grants
of used energy-related equipment excess to the requirements of DOE
offices and designated contractors may be made to eligible institutions
prior to reporting the equipment to GSA for reutilization screening.
[[Page 19648]]
Sec. 109-50.103 Definitions.
As used in this subpart the following definitions apply: Book value
means acquisition cost less depreciation. DOE Financial Assistance
Rules (10 CFR part 600) means the DOE regulation which establishes a
uniform administrative system for application, award, and
administration of assistance awards, including grants and cooperative
agreements.
Eligible institution means any nonprofit educational institution of
higher learning, such as universities, colleges, junior colleges,
hospitals, and technical institutes or museums located in the United
States and interested in establishing or upgrading energy-oriented
education programs.
Energy-oriented education program means one that deals partially or
entirely in energy or energy-related topics.
Sec. 109-50.104 Equipment which may be granted.
Generally, equipment items classified in FSCG 66, Instruments and
Laboratory Equipment, are eligible for granting under this program.
Other selected items designated by the Office of Laboratory Policy and
Infrastructure Management and approved by the DPMO, are made available
under the program.
Sec. 109-50.105 Equipment which may not be granted.
Equipment which will not be granted include:
(a) Any equipment determined to be required by DOE direct
operations or DOE designated contractors; or
(b) General supplies, such as Bunsen burners, hoods, work benches;
office equipment and supplies; furniture; drafting supplies;
refrigerators; tools; presses; lathes; furnaces; hydraulic and
mechanical jacks; cranes; and hoists.
Sec. 109-50.106 Procedure.
(a) After DOE utilization screening through REAPS, items eligible
for ERLE grants are extracted from the REAPS system and provided to the
Office of Energy Research by electronic means.
(b) The Office of Energy Research provides this information to
prospective grantees through an automated system.
(c) The following periods have been established during which time
equipment will remain available to this program prior to reporting it
to GSA for reutilization by other Federal agencies:
(1) Thirty days from the date DOE utilization screening is
completed to permit suitable time for eligible institutions to review
and earmark the desired equipment.
(2) An additional thirty days after the equipment is earmarked to
permit the eligible institutions to prepare and submit an equipment
proposal request and to provide time for field organizations to review
and evaluate the proposal and take appropriate action.
(d) Upon approval of the proposal, a grant will be issued to the
institution upon completion.
(e) A copy of the completed grant, shall be used to transfer title
and drop accountability of the granted equipment from the financial
records.
(f) The cost of care and handling of personal property incident to
the grant shall be charged to the receiving institution. Such costs may
consist of packing, crating, shipping and insurance, and are limited to
actual costs. In addition, where appropriate, the cost of any repair
and/or modification to any equipment shall be borne by the recipient
institution.
Sec. 109-50.107 Reporting.
(a) Gifts made under this program shall be included in the annual
report of property transferred to non-Federal recipients, as required
by 41 CFR 101-43.4701(c) and 109-43.4701(c).
(b) A copy of each equipment agreement shall be forwarded to the
Director, Office of Laboratory Policy and Infrastructure Management.
Subpart 109-50.2--Math and Science Equipment Gift Program
Sec. 109-50.200 Scope of subpart.
This subpart provides guidance on providing gifts of excess and/or
surplus education related and Federal research equipment to elementary
and secondary educational institutions or nonprofit organizations for
the purpose of improving math and science curricula or conducting of
technical and scientific education and research activities.
Sec. 109-50.201 Applicability.
The provisions of this subpart are applicable to DOE offices and
designated contractors.
Sec. 109-50.202 Definitions.
As used in this subpart the following definitions apply:
DOE Field Organizations means the DOE Federal management
activities, including Operations Offices, Field Offices, Area Offices,
Site Offices, Energy Technology Centers, and Project Offices staffed by
Federal employees.
Education-related and Federal research equipment includes but is
not limited to DOE-owned property in FSCG 34, 36, 41, 52, 60, 61, 66,
67, 70, and 74 (See 41 CFR 101-43.4801(d)), and other related
equipment, which is deemed appropriate for use in improving math and
science curricula or activities for elementary and secondary school
education, or for the conduct of technical and scientific education and
research activities.
Eligible recipient means local elementary and secondary schools and
nonprofit organizations.
Elementary and secondary schools means individual public or private
educational institutions encompassing kindergarten through twelfth
grade, as well as public school districts.
Facilities under DOE Field Organization cognizance means national
laboratories, production plants, and project sites managed and operated
by DOE contractors or subcontractors.
Sec. 109-50.203 Eligible Equipment.
(a) Education-related and research equipment will include, but is
not limited to the following FSCGs:
FSCG and Description
34 Metalworking Machinery.
36 Special Industry Machinery.
41 Refrigeration, Air Conditioning and Air Circulating Equipment.
52 Measuring Tools
60 Fiber Optics Materials, Components, Assemblies and Accessories.
61 Electric Wire, and Power and Distribution Equipment.
66 Instruments and Laboratory Equipment.
67 Photographic Equipment.
70 General Purpose Automatic Data Processing Equipment (Including
Firmware), Software, Supplies and Support Equipment
74 Office Machines, Text Processing Systems and Visible Record
Equipment.
(b) Other related equipment may be provided if deemed appropriate
and approved by the Director, Office of Laboratory Policy and
Infrastructure Management.
Sec. 109-50.204 Limitations.
(a) Excess and/or surplus education-related and Federal research
equipment at DOE Field Organizations and cognizant facilities is
eligible for transfer as a gift under this program. However, safety,
environmental, and health matters must be considered.
(b) Title to the equipment will transfer upon the recipient's
written acknowledgement of receipt.
(c) The Director, Office of Laboratory Policy and Infrastructure
Management may authorize gifts of excess and/or surplus education-
related and Federal research equipment by signature on the appropriate
gift instrument where the book value of an item of equipment exceeds
$25,000 or the cumulative book value of the gifts under this program to
any one institution exceeds $25,000.
[[Page 19649]]
HCA or designee may authorize gifts of excess and/or surplus education-
related and Federal research equipment of lesser individual and
cumulative book value by signature on the appropriate gift instrument.
Delegations by the HCA to authorize gifts of excess and/or surplus
education related and Federal research equipment shall be in writing to
a specific individual, for a specified period of time, and for a
specified (or unlimited) level of authority.
(d) Gifts shall be serviceable and in working order. Disposal
Condition Codes 1 and 4, as defined in 41 CFR 101-43.4801(e), meet this
criteria. Serviceability of equipment should be verified before the
gift is made to the eligible recipient.
Sec. 109-50.205 Procedure.
(a) The DOE facility will set aside an appropriate amount of excess
and/or surplus education-related and Federal research equipment for
transfer under this program.
(b) A list of available education-related and Federal research
equipment will be prepared and distributed to eligible recipients and
the chief State School Board Officer.
(c) Precollege institutions with partnership arrangements with the
DOE or its facilities (e.g., an adopted school) may receive gifts of
equipment in support of the partnership.
(d) Precollege institutions not in a partnership with DOE may
receive equipment at the recommendation of the chief State School Board
Officer. The Chief State School Board Officer will determine which
schools within the state will receive which equipment. Consideration
for placement of the equipment should be based on:
(1) The elementary or secondary schools determined to have the
greatest need; or
(2) Recipients of federally funded math and science projects where
the equipment would further enhance the progress of the project.
(e) Eligible recipients will have 30 days to select and freeze, on
a first come, first serve basis, the items desired and submit a request
for selected items stating:
(1) Why the gift is needed; and
(2) How the gift will be used to improve math and science curricula
or in the conduct of technical and scientific education and research
activities.
(f) The cost of shipping should be minimal and not more than the
actual equipment value.
(g) An Equipment Gift Agreement will be prepared and used to
provide the gift to eligible recipients. The gift agreement will be in
the format provided in section 109-50.4801 of this subchapter. The
agreement shall be numbered for control purposes, and signed by the
Director, Office of Laboratory Policy and Infrastructure Management or
the HCA or designee, as appropriate, and an appropriate official
representing the eligible recipient.
Sec. 109-50.206 Reporting.
(a) Gifts made under this program shall be included in the annual
report of property transferred to non-Federal recipients, as required
by 41 CFR 101-43.4701(c) and Sec. 109-43.4701(c) of this chapter.
(b) A copy of each equipment agreement shall be forwarded to the
Director, Office of Laboratory Policy and Infrastructure Management.
Subpart 109-50.3--[Reserved]
Subpart 109-50.4--Programmatic Disposal to Contractors of DOE
Property in a Mixed Facility
Sec. 109-50.400 Scope of subpart.
This subpart contains policy to be followed when it is proposed to
sell or otherwise transfer DOE personal property located in a mixed
facility to the contractor who is the operator of that facility.
Sec. 109-50.401 Definitions.
As used in this subpart, the following definitions apply;
Contractor means the operator of the mixed facility.
DOE property means DOE-owned personal property located in a mixed
facility.
Mixed facility means a partly DOE-owned and partly contractor-owned
facility. For purposes of this subpart, however, this definition does
not apply to such a facility operated by an educational or other
nonprofit institution under a basic research contract with DOE.
Sec. 109-50.402 Submission of proposals.
Proposals involving programmatic disposals of DOE personal property
located in mixed facilities to contractors operating that facility
shall be forwarded through the appropriate program organization to the
DPMO, for review and processing for approval. Each such request shall
include all information necessary for a proper evaluation of the
proposal. The proposal shall include, as a minimum:
(a) The purpose of the mixed facility;
(b) The description, condition, acquisition cost, and present use
of the DOE personal property involved.
(c) The programmatic benefits which could accrue to DOE from the
disposal to the contractor (including the considerations which become
important if the disposal is not made);
(d) The appraised value of the DOE personal property (preferably by
independent appraisers); and
(e) The proposed terms and conditions of disposal including:
(1) Price;
(2) Priority to be given work for DOE requiring the use of the
transferred property, and including the basis for any proposed charge
to DOE for amortizing the cost of plant and equipment items;
(3) Recapture of the property if DOE foresees a possible future
urgent need; and
(4) Delivery of the property, whether ``as is-where is,'' etc.
Sec. 109-50.403 Need to establish DOE program benefit.
When approval for a proposed programmatic disposal of DOE personal
property in a mixed facility is being sought, it must be established
that the disposal will benefit a DOE program. For example, approval
might be contingent on showing that:
(a) The entry of the contractor as a private concern into the
energy program is important and significant from a programmatic
standpoint; and
(b) The sale of property to the contractor will remove obstacles
which otherwise discourage entry into the field.
Subpart 109-50.48--Exhibits
Sec. 109-50.4800 Scope of subpart.
This subpart exhibits information referenced in the text of part
109-50 of this chapter that is not suitable for inclusion elsewhere in
that part.
Sec. 109-50.4801 Equipment Gift Agreement.
(a) The following Equipment Gift Agreement format will be used to
provide gifts of excess and/or surplus equipment to eligible recipients
under the Math and Science Equipment Gift Program (see subpart 109-50.2
of this chapter).
EQUIPMENT GIFT AGREEMENT
----------------------------------------------------------------------
(Reference Number)
Between The U.S. Department of Energy and
----------------------------------------------------------------------
(Name of Eligible Recipient)
I. Purpose
The Department of Energy shall provide as a gift, excess and/or
surplus education-related and Federal research equipment to (Name of
Eligible Recipient), hereafter referred to as the Recipient, for the
purpose
[[Page 19650]]
of improving the Recipient's math and science education curricula or
for the Recipient's conduct of technical and scientific education
and research activities.
II. Authority
Federal agencies have been directed, to the maximum extent
permitted by law, to give highest preference to elementary and
secondary schools in the transfer or donation of education-related
Federal equipment, at the lowest cost permitted by law. Furthermore,
subsection 11(i) of the Stevenson Wydler Technology Innovation Act
of 1980, as amended (15 U.S.C. 3710 (i)), authorizes the Director of
a laboratory, or the head of any Federal agency or department to
give excess research equipment to an educational institution or
nonprofit organization for the conduct of technical and scientific
education and research activities.
III. Agreement
A. The Department of Energy agrees to provide the equipment
identified in the attached equipment gift list, as a gift for the
purpose of improving the Recipient's math and science curricula or
for the Recipient's conduct of technical and scientific education
and research activities.
B. Title to the education-related and Federal research
equipment, provided as a gift under this agreement, shall vest with
the Recipient upon the Recipient's written acknowledgement of
receipt of the equipment. The acknowledgement shall be provided to
(Name of the DOE signatory) at (address).
C. The Recipient will be responsible for any repair and
modification costs to any equipment received under this gift.
D. The Recipient hereby releases and agrees to hold the
Government, the Department of Energy, or any person acting on behalf
of the Department of Energy harmless, to the extent allowable by
State law, for any and all liability of every kind and nature
whatsoever resulting from the receipt, shipping, installation,
operation, handling, use, and maintenance of the education-related
and Federal Research equipment provided as a gift under this
agreement.
E. The Recipient agrees to use the gift provided herein for the
primary purpose of improving the math and science curricula or for
the conduct of technical and scientific education and research
activities.
F. The Recipient agrees to provide for the return of the
equipment if such equipment, while still usable, has not been placed
in use for its intended purpose within one year after receipt from
the Department of Energy.
----------------------------------------------------------------------
(U.S. Department of Energy Office)
----------------------------------------------------------------------
(Name and Address of Recipient)
----------------------------------------------------------------------
(Signature of HCA or Designee)
----------------------------------------------------------------------
(Signature of Official)
----------------------------------------------------------------------
(Typed Name)
----------------------------------------------------------------------
(Typed Name)
----------------------------------------------------------------------
(Typed Title)
----------------------------------------------------------------------
(Typed Title)
----------------------------------------------------------------------
(Date)
(Date)
(b) The list of gifts that accompanies the Equipment Gift
Agreement shall contain the Gift Agreement reference number, name of
the eligible recipient, and the name of the DOE office. In addition,
the following information shall be provided for each line item
provided as a gift: DOE ID number, description (name, manufacturer,
model number, serial number, etc.), FSC code, quantity, location,
acquisition date, and acquisition cost.
[FR Doc. 98-9659 Filed 4-17-98; 8:45 am]
BILLING CODE 6450-01-P
