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Acquisition Guide

Regulatory requirements for the acquisition process are set forth in the Federal Acquisition Regulation (FAR) and are supplemented in the Department of Energy Acquisition Regulation (DEAR). FAR 1.301 provides for the issuance of additional internal agency guidance, including designations and delegations of authority, assignments of responsibilities, work-flow procedures, and internal reporting requirements. The DOE Acquisition Guide serves this purpose by identifying relevant internal standard operating procedures to be followed by both procurement and program personnel who are involved in various aspects of the acquisition process. The Guide also is intended to be a repository of best practices found throughout the agency that reflect specific illustrations of techniques which ' might be helpful to all readers. Additionally, the Guide includes subject matter that was issued previously through other media, such as Acquisition Letters.

The Acquisition Guide consists of chapters that correspond to the DEAR and FAR Parts, and includes the following types of material:

  • Standard Operating Procedures - for procurement and program personnel to follow in performing various acquisition functions.
  • Guiding Principles - essential objectives that, when satisfied, provide a measure of the effectiveness and efficiency of procurement systems.
  • Best Practices - practical techniques to be followed by program and procurement
  • offices.
  • Samples - forms and other useful documentation.

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

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

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

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

Chapter 1 - Acquisition Regulations System

  • 1.1 - Acquisition Regulation System March 2004 Update
  • 1.2 - Head of Contracting Activity (HCA) Authority, Functions and Responsibilities   January 2007
  • 1.2 Attachment - Tables I-IV  September 2009 
  • 1.3 - Balanced Scorecard Assessment Program March 2004 Update
  • 1.4 - Source Evaluation Board (SEB) Secretariat and Knowledge Manager - February 2010

Chapter 2 - Definitions (RESERVED)

Chapter 3 - Improper Business Practices

  • 3.1 - Procurement Integrity December 2010 Update
  • 3.1 Attachment - Procurement Integrity Brochure
  • 3.2 - Antitrust Teaming Arrangements March 2004 Update
  • 3.3 - Compliance with U.S. Export Control Laws, Regulations and Policies - January 2012

Chapter 4 - Administrative Matters

  • 4.2 - Requirements for Contracting with Public Relations Firms September 2004
  • 4.6 - Assigning Identifying Numbers Outside of the Strategic Integrated Procurement Enterprise System (STRIPES) - April 2012

Chapter 5 - Publicizing Contract Actions

  • 5.1 - Congressional Notifications - March 2013
  • 5.2 - Synopsizing Proposed Non-Competitive Contract Actions Citing the Authority of FAR 6302-1 April 2008

Chapter 6 - Competition Requirements

  • 6.1 - Competition Requirements  July 2011 
  • 6.5 - Competition Advocate Responsibilities January 2011   

Chapter 7 - Acquisition Planning

  • 7.0 - Integrating Acquisition Planning Processes - An Overview - May 2012
  • 7.1 - Acquisition Planning  - May 2012 Update
  • 7.2-  Strategic Sourcing Requirements
  • 7.3 Acquisition Planning in the M&O Environment

Chapter 8 - Required Sources of Supplies and Services  

  • 8.4 - Federal Supply Schedules  June 2011 

Chapter 9 - Contracting Qualifications

  • 9.1 - Organizational Conflicts of Interest - March 2004
  • 9.2 -  Performance Guarantees - March 2004 Update
  • 9.3 - Debarment and Suspension - March 2004 Update
  • 9.4 - Contractor Responsibility Determinations - March 2012

Chapter 10 - Market Research (RESERVED)

Chapter 11 - Describing Agency Needs (RESERVED)

Chapter 12 - Acquisition of Commercial Items (RESERVED)

Chapter 13 - Simplified Acquisition Procedures

  • 13.1 -DOE Policy and Operating Procedures for the Use of the GSA SmartPay2 Purchase Card - August 2012
  • 13.2 - Purchase Orders November 2009

Chapter 14 - Sealed Bidding (RESERVED)

Chapter 15 - Contracting by Negotiation

  • 15.1 - Source Selection Guide - April 2013
  • 15.2 - Unsolicited Proposals March 2004 Update
  • 15.3 - Establishing Evaluation Criteria - August 2004
  • 15.4 - Contract Pricing
  • 15.4-1 - Pricing Contract Modifications January 2007
  • 15.4-2 - Weighted Guidelines July 2010 Updated      
  • 15.4-3 - Negotiation Documentation: Pre-negotiation Plan and the Price Negotiation Memorandum October 2013
  • 15.4.4 - General Guide For Technical Analysis of Cost Proposals For Acquistion Contracts  December 2010 Updated    

Chapter 16 - Types of Contracts

  • 16.1 - General Guide to Contract Types for Requirements Officials November 2010 Update
  • 16.2 - Performance Evaluation and Measurement Plans for Cost-Reimbursement, Non-Management and Operating Contracts - July 2012
  • 16.5 - Multiple-Award Contracts and Governmentwide Acquisition Contracts Including Delivery Orders and Task Orders  May 2011          

Chapter 17 - Special Contracting Methods

  • 17.1 - Interagency Acquisitions, Interagency Transactions, and Interagency Agreements - June 2012
  • 17.1 - Attachment - Sample DOE Funds-Out Interagency Agreement 
  • 17.1 - Attachment 1 - OFPP Guidance Interagence Acquisitions
  • 17.1 - Attachment 2 - OFPP Business Case Guidance
  • 17.1 - Attachment 3A - IA FUNDS OUT Assisted Aquisition Part A
  • 17.1 - Attachment 3A - IA FUNDS OUT Assisted Aquisition Part B
  • 17.1 - Attachment 3B - IA FUNDS OUT Interagency Transaction Part A
  • 17.1 - Attachment 3B - IA FUNDS OUT Interagency Transaction Part B
  • 17.1 - Attachment 3C - IA STRIPES Cover form Sample
  • 17.2 - Cost Participation June 2004 Update
  • 17.3 - Acquisition, Use and Disposal of Real Property - March 2011
  • 17.4 - Program Opportunity Notice June 2004 Update
  • 17.5 - Program Research and Development Announcement June 2004 Update )
  • 17.6 - Origin, Characteristics, and Significance of the Department of Energy's Management and Operating (M&O) Form of Contract October 2007

Chapter 18 – Emergency Acquisitions

  • 18.0 - Emergency Acquisitions March 2011

Chapter 19 – Small Business Programs

  • Chapter 19 - Small Business Programs - An Overview December 2010
  • Chapter 19.1 - Summary of Small Business Administration and Department of Energy Partnership Agreement
  • Chapter 19.1 Attachment-Small Business Administration and Department of Energy Partnership Agreement 

Chapter 20 - Labor Surplus Area Concerns (RESERVED)

Chapter 21 - (RESERVED in FAR)

Chapter 22 - Labor Standards for Construction

  • 22.1 - Labor Standards for Construction and Services - September 2012

Chapter 23 – Environment, Energy and Water Efficiency, Renewable Energy Technologies, Occupational Safety, and Drug-free Workplace.

  • 23.0 - Executive Order 13514 ― Federal Leadership in Environmental, Energy, and Economic Performance - September 2010

Chapter 24 - Protection of Privacy and Freedom of Information (RESERVED)

Chapter 25 - Foreign Acquisition (RESERVED)

Chapter 26 - Other Socioeconomic Programs

  • 26.1 - Energy Policy Act Implementation  January 2005 Update
  • EPACT Implementation Attachment

Chapter 27 - Patents, Data and Copyrights (RESERVED)

Chapter 28 - Bonds and Insurance (RESERVED)

Chapter 29 - Taxes (RESERVED)

Chapter 30 - Cost Accounting Standards Administration

  • 30.1 - Department of Energy's Oversight of Certain Contractor Defined Benefit Pension Plans and Its Effect on Contracts, Cost Accounting Standards Compliance, and Audits December 2006

Chapter 31 - Contract Cost Principles and Procedures

  • 31.1 - Cost Reasonableness  March 2004 Update
  • 31.2 - Allowable Food and Beverage Costs at DOE and Contractor Sponsored Conferences November 2009
  • 31.3 - Contractor Legal Management Requirements September 2010  
  • 31.4- Allowability  of Incurred Costs    

Chapter 32 - Contract Financing

  • 32.1 - Reviewing and Approving Invoices - October 2011

Chapter 33 - Protests, Disputes and Appeals

  • 33.1 - Protests  October 2008 Update
  • 33.2 - Alternative Dispute Resolution  August 2004 Update

Chapter 34 - Major Systems Acquisition

  • 34.1 - Project Management and the Acquisition of Major Systems (June 2005)

Chapter 35 - Research and Development Contracting

  • 35.1 - Scientific and Technical Information, Update March 2011
  • 35.2 - Cost Sharing in Research and Development Contracts  April 2007
  • 35.3 - Competition Under the Energy Policy Act of 2005  April 2007

Chapter 36 - Construction and Architect-Engineering Contracts (RESERVED)

Chapter 37 - Service Contracting

  • 37.1 -  Support Service Contracting November 2010 Updated
  • 37.114 - Federal and Contractor Employee Roles in the Federal Workplace December 2010
  • 37.2 -  Performance Based Service Acquisition July 2005 Update

Chapter 38 - Federal Supply Schedule Contracting (RESERVED)       

Chapter 39 - Acquisition of Information Technology

  • 39.1 - Acquisition of Information Resources January 2005 Update
  • 39.2 - Guidance on Electronic and Information Technology (EIT) Accessibility - Section 508 July 2005

Chapter 40 - (RESERVED in FAR)

Chapter 41 - Acquisition of Utility Services

  • 41.1 - Utilities December 2004 Update

Chapter 42 - Contract Administration

  • 42.1 - Indirect Cost Rate Administration - October 2010 Update
  • 42.101  Audit Requirement for Non-M&O Contracts  July 2013
  • 42.2 - Documentation and Approval of Federally Funded International Travel (Fly America Act-Open Skies Agreement) - April 2012
  • 42.3 - Novation Agreements - April 2004 Update
  • 42.4 - Contract Closeout - April 2005 Update
  • 42.5 - Contract Management Planning - February 2012 Update
  • 42.15 - Contractor Performance Information - September 2013 Update
  • 42.16  - Reporting Other Contractor Information into Federal Awardee and Integrity Information System - August 2013 Update                           

Chapter 43 - Contract Modifications

  • 43.1-   Contract Modifications - February 2013
  • 43.2 - Change Order Template - August 2013
  • 43.3-   Maintaining Alignment of Project Management w/ Contract Management of Non- M&O Cost Reimburstment

Chapter 44 - Subcontracting Policies and Procedures (RESERVED)

Chapter 45 - Government Property (RESERVED)

Chapter 46 - Quality Assurance (RESERVED)

Chapter 47 - Transportation

  • 47.1 -  Air Charter Services - June 2004

Chapter 48 – Value Engineering

  • Chapter 48 - Value Engineering
  • 48.0 Value Engineering in M&O Contracts - July 2006

Chapter 49 - Termination of Contracts (RESERVED)

Chapter 50 - Extraordinary Contractual Actions and the Safety Act

  • Chapter 50.1 - Extraordinary Contractual Actions January 2009

Chapter 51 - Use of Government Sources by Contractors (RESERVED)

Chapter 52 - Solicitation Provisions and Contract Clauses

  • 52.1 Local Contract Clauses

Chapter 53 - Forms (RESERVED)

Chapter 70 - DOE Management and Operating Contracts

  • 70.1 - (Reserved) June 2004 Update
  • 70.2 - (Reserved) June 2004 Update
  • 70.4 - Cooperative Audit Strategy March 2004
  • 70.5 - Contractor Compensation - Variable Pay  April 2005 Update
  • 70.7 - Contract Administration
  • 70.8 - Performance-Based Contracting
  • 70.9 - Contract Options: Evaluating Contractor Past Performance - April 2005
  • 70.10 - Inter-Contractor Purchases  March 2003
  • 70.11 - The Department of Energy Directives System
  • 70.15 - Management and Operating (M&O) Contractor Incentives – Fee, Rollover of Performance Fee, and Award Term  September 2008
  • 70.17 - Responding to Solicitations Under DOE Work for Others Program - October 2012
  • 70.28 - Contractor Insurance  April 2005 Update
  • 70-31A - Costs Associated with Whistleblower Activities November 2009
  • 70-31B - Allowable Food and Beverage Costs at DOE and Contractor Sponsored Conferences November 2009 
  • 70-31C - Contractor Legal Management Requirements September 2010    
  • 70.32 - Contract Financing
  • 70.3270 - Alternative Financing April 2007
  • 70.44 - Review of Management Contractors Purchasing Systems: Purchase Card Considerations  January 2005
  • 70.52 - Management and Operating (M&O) Contract Clause Matrices  October 2009

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

  • 71.1 Headquarters Business Clearance Process - June 2012 Update
  • 71.2 - Performance-Based Incentives and Related Approvals - November 2002
  • 71.3 - Data Reporting – Quality Management - May 2011