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DOE O 350.2A 12-4-03
ERRATA SHEET
This Errata Sheet transmits an administrative change to DOE O
350.2A, USE OF MANAGEMENT AND OPERATING OR OTHER FACILITY
MANAGEMENT CONTRACTOR EMPLOYEES FOR SERVICES TO DOE IN THE
WASHINGTON, D.C., AREA, dated 10-29-03. The last sentence of
item 1 in the Attachment 2, Contractor Requirements Document:
"Payments to a M&O or other facility management contractor
employee for any additional tax burden caused by an extended
assignment will also be deemed unallowable." was inadvertently
inserted. The sentence has been removed and the change has been
made in this Order.
U.S. Department of Energy ORDER
Washington, D.C. DOE O 350.2A
Approved: 10-29-03
Certified: 12-28-06
SUBJECT: USE OF MANAGEMENT AND OPERATING OR OTHER FACILITY
MANAGEMENT CONTRACTOR EMPLOYEES FOR SERVICES TO DOE IN
THE WASHINGTON, D.C., AREA
1. OBJECTIVE. To establish policies and procedures for
management of Department of Energy (DOE), including National
Nuclear Security Administration (NNSA), Management and
Operating (M&O) and other facility management contractor
employees assigned to the Washington, D.C., area.
2. CANCELLATION. DOE O 350.2, USE OF FACILITY CONTRACTOR
EMPLOYEES FOR SERVICES TO DOE IN THE WASHINGTON, D.C., AREA,
dated 7-12-01. Cancellation of this Order does not, by
itself, modify or otherwise affect any contractual
obligation to comply with DOE O 350.2. Canceled Orders that
are incorporated by reference in a contract will remain in
effect until the contract is modified to delete the
reference to requirements in the canceled Orders.
3. APPLICABILITY.
a. DOE Elements. The provisions of this Order apply to all
Departmental elements, including those within the NNSA
(attachment 1), except for those elements specifically
exempted in paragraph 3c.
b. Contracts.
(1) The Contractor Requirements Document (CRD),
Attachment 2, sets forth the requirements of this
order which apply to site/facility management
contracts that include the CRD.
(2) The CRD, must be included in site/facility
management contracts where the contractor
employees may be assigned to the Washington D.C.
area for more then 30 continuous calendar days.
(3) This order does not apply to other than
site/facility management contracts. Any
application of any requirements of this order to
other than site/facility management contracts will
be communicated separately from this order.
(4) The official identified in the Responsibilities
paragraph is responsible for notifying the
contracting officer of which the site/facility
management contracts are affected. Once notified,
the contracting officer is responsible for
incorporating the CRD into the affected
site/facility management contracts via the Laws,
regulations and DOE directives clauses of the
contracts.
(5) As the Laws, regulations, and DOE directives
clause of site/facility management contract
states, “regardless of the performer of the work,
site/facility management contractors with the CRD
incorporated into their contracts are responsible
for compliance with the requirements of the CRD.”
c. Exclusions. This Order does not apply to the Power
Marketing Administrations or the Office of the Deputy
Administrator for Naval Reactors. This Order also does
not apply to assignments under Intergovernmental
Personnel Act Mobility Program Agreements, Work-for-
Others agreements, or such others as may be exempted by
the Chief Financial Officer/ Director, Office of
Management, Budget and Evaluation (OMBE), or the
Associate Administrator for Management and
Administration, NNSA.
4. REQUIREMENTS.
a. The number and types of positions for DOE M&O and other
facility management contractor employees located in the
Washington, D.C., area must be within approved
Headquarters program, site office or M&O or other
facility management contractor critical skills staffing
plan ceilings approved by the Deputy Secretary.
b. At the request of a Headquarters program or site
office, the Head of the Contracting Activity (HCA) or
designee may authorize DOE M&O and other facility
management contractors to assign contractor employees
in support of program missions to positions in the
Washington, D.C., area, provided those positions
conform to the following conditions:
(1) Contractor employees provide a Headquarters
program or site office with technical expertise
and experience in the Washington, D.C., area, that
is critical to that office’s operation or
program(s) when that expertise and experience is
neither available within the program or site
office nor at lower cost through other types of
contracts (e.g., support service contracts);
(2) Contractor employees undertake tasks that must be
performed in the Washington, D.C., area because
staff must coordinate or interface in person with
Headquarters staff or other agencies or because
such assignments can be demonstrated to be cost
effective for performance of the task; and
(3) Contractor employees, other than
administrative\overhead support staff, provide
technical expertise within the mission and scope
of work of the contract under which the
assignments are made.
c. The HCA may authorize, with the concurrence of the CSO
and consistent with an approved Deputy Secretary
facility management contractor administrative/overhead
allocation, contractor employees to provide
administrative\overhead support to a M&O or other
facility management contractor’s Washington, D.C.,
office. The number and types of administrative support
staff must be based on good business practices.
d. Assignment of DOE M&O and other facility management
contractor employees to the Washington, D.C., area must
not adversely affect the contractor’s mission or
otherwise adversely affect the contractor’s ability to
meet contract commitments.
e. DOE M&O and other facility management contractor
employees shall not be assigned to the Washington,
D.C., area to:
(1) Compensate for reductions in support service
contracting;
(2) Provide administrative support (e.g. clerical or
para professional) within Federal facilities or
for Federal employees;
(3) Perform functions inherently reserved for Federal
employees, including directly supervising Federal
employees, making fiscal decisions, and/or making
policy decisions;
(4) Perform assignments that exceed 12 months in
duration unless the individual’s continued
assignment is critical and represents significant
mutual benefit to the program sponsor and the
facility;
(5) Perform contractor business development or
lobbying;
(6) Extend support beyond the completion of the work
assignments; or
(7) Perform any function that may be construed as a
personal or organizational conflict of interest as
referenced in DEAR Subpart 909.5 or 970.0905 and
defined in 952.209-72.
f. DOE M&O and other facility management contractors are
not to award subcontracts, or subcontract work tasks,
to provide direct support to program offices in the
Washington, D.C., area.
g. DOE M&O and other facility management contractor
employee work assignments performed in the Washington,
D.C., area must conform to the relevant program or site
office critical skills staffing plan (attachment 4) or
the contractor’s Washington, D.C., office staffing plan
(attachment 5). The process required for establishing
staffing requirements (attachment 3) is as follows.
(1) Each Headquarters program or site office that
uses M&O and other facility management contractor
employees within the Washington, D.C., area will
submit, by July 1, an annual critical skills
staffing plan (attachment 4) to the Director,
OMBE, or Associate Administrator for Management
and Administration, NNSA, as appropriate. Site
office plans must be forwarded through and
concurred in by the HCA and the Cognizant
Secretarial Officer (CSO) prior to submission to
the Director, OMBE or Associate Administrator for
Management and Administration, NNSA. These plans
should list the contractor employees who provide
direct support to program organizations
sponsoring the assignments. Plans are required
to:
(a) Delineate the name and the job description
including the required skills and expertise
to be provided by each contractor employee
who will be reimbursed with Departmental
funds;
(b) Include a proposed ceiling for the number of
contractor employees to be assigned during
the next fiscal year;
(c) Provide total estimated monthly cost
(including all indirect costs) for each
contractor employee assignment;
(d) Detail the percentage of time charged for
each contractor employee assignment to a
Headquarters program organization(s). If an
assignment supports more then one program
office, the plan must indicate the percentage
of support provided to each program with the
aggregate total equaling 100 percent;
(e) Identify the facility providing the
contractor employee;
(f) Include estimated start and end dates for
each contractor employee assignment;
(g) Include the site location for each contractor
employee assignment; and
(h) Identify the program being supported (e.g.
basic energy science).
(2) If the HCA or designee determines a M&O or other
facility management contractor may establish a
Washington, D.C., staff office, the HCA or
designee will submit, through and with the
concurrence of the CSO, a support plan for M&O or
other facility management contractor
administrative/overhead staffing plan (attachment
5) to the Director, OMBE, or Associate
Administrator for Management and Administration,
NNSA, as appropriate. The plan is to be submitted
by May 1 and list contractor employees performing
work for the M&O or other facility management
contractor’s Washington D.C., office. A staffing
plan must:
(a) Delineate the following positions that are
located at the contractor’s Washington
office and the costs of which are
reimbursed by the Department including;
1 all administrative, office support, and
overhead positions and
2 any positions that ensure efficient
task performance but do not support
specific program offices.
(b) The plan will also indicate the program
account each contractor employee
assignment is charged against and the
proposed staffing ceiling for the next
fiscal year.
(3) The Director, OMBE, or the Associate Administrator
for Management and Administration, NNSA, as
appropriate, will consult with affected
organizations to recommend to the Deputy Secretary
proposed ceiling numbers for each Headquarters
program, site, and contractor
administrative/overheads staff office based on the
total number of contractor employee assignments
requested via staffing plans and Congressional
report language which limits the total number of
assignments permitted DOE-wide. The ceilings are
to be approved by the Deputy Secretary, DOE, with
concurrence by the Director, OMBE, or the
Associate Administrator for Management and
Administration, NNSA, as appropriate, by October 1
of each year. The Associate Administrator for
Management and Administration, NNSA and OMBE will
distribute approved allocation notifications to
appropriate offices.
(a) DOE program and site offices are responsible
for meeting the criteria for contractor
assignments and for remaining within approved
staffing plan ceilings.
(b) Each M&O and other facility management
contractor must operate within its approved
staffing plan ceiling.
h. Any DOE Headquarters program or site office facing a
critical need to exceed its ceiling may request a
waiver from the Deputy Secretary, DOE. Contractor
waiver requests to exceed approved
administrative/overhead staffing plan ceilings are to
be submitted to the HCA for concurrence and necessary
coordination. All waiver requests must be concurred in
by the CSO, Director, OMBE, before submission to the
Deputy Secretary, DOE for approval. For requests from
NNSA organizations, concurrence of the Associate
Administrator for Management and Administration, NNSA,
is also required. The request must include the
following information:
(1) Justification for modifying the staffing plan and
a list of the critical work task(s) that can not
be performed by currently assigned contractor
employees,
(2) The start and end dates for the work assignments
requiring the waiver;
(3) The organizational subcomponent (or other
organization or contractor) to which the
contractor employee will provide services;
(4) The physical location of the facility contractor
employee assignments; and
(5) Demonstrate how the contractor employee
assignments are cost effective.
i. All assignments of M&O and other facility management
contractor employees to the Washington, D.C., area
require the authorization of the HCA or designee.
Procedures for approving assignments of these
contractor employees in the Washington, D.C., area
must, at a minimum, meet the requirements of this order
and DOE’s Work Authorization Process. The required
procedures (attachment 6) must include the following:
(1) The DOE Headquarters program or site office, in
concert with the M&O or other facility management
contractor and the DOE HCA or designee, develops a
work authorization statement showing the required
skills mix, scope of work, estimated duration of
assignments/needs, reporting requirements, funding
source, and any other information required for a
work authorization;
(2) The DOE Headquarters program or site office must
certify that Washington, D.C., contractor employee
assignments conform to its staffing plan and are
within its ceiling allocation;
(3) The contractor informs the cognizant DOE
contracting officer or designee of the contractor
employees qualified and available to be assigned;
and
(4) The DOE contracting officer or designee examines
the work authorization statement to ensure
contractor assignments will not adversely affect
the M&O or other facility management contractor’s
performance. The DOE contracting officer or
designee or the Headquarters program organization
will update the database that has been established
to maintain a current inventory of contractor
assignments in the Washington, D.C., area.
j. The DOE contracting officer or designee or the
Headquarters program office, contingent on the approval
by the HCA or the HCA’s designee of a new contractor
employee assignment to the Washington, D.C., area or
upon the expiration of an existing assignment, enters
the appropriate changes into the OMBE M&O and other
facility management contractor employee database,
within 30 days of when such a change becomes effective.
Failure to include a contractor employee in the
database will cause any costs associated with that
employee (e.g., salary, benefits) to be deemed
unallowable under the terms conditions of the contract.
5. RESPONSIBILITIES.
a. DOE Headquarters Program and Site Offices.
(1) Assess the need, duration and cost effectiveness
of the tasks and assignments of M&O and other
facility management contractor employees.
(2) For Headquarters program or site offices
requesting assignment(s) of and providing funding
for contractor staff complete an annual DOE
program M&O and other facility management
contractor staffing plan (attachment 4) which
delineates required information of contractor
employees providing direct technical support to
meet program mission needs.
(3) Review and concur on all site office and
contractor administrative/overhead staffing plans
for sites which CSO responsibility has been
assigned.
(4) Prepare requests for temporary waivers to program
office staffing ceilings.
(5) Work with site managers and M&O and other facility
management contractors to develop tasks for new
facility contractor employee assignments, ensuring
that these assignments do not exceed the approved
staffing ceiling.
(6) Establish procedures for the assignment of M&O and
other facility management contractor employees to
the Washington, D.C., area that, at a minimum,
meet the requirements of this order and the
Department’s Work Authorization Process.
(7) Maintain a current inventory of contractor
assignments accounted under its DOE approved
staffing ceiling using the OMBE M&O and Other
Facility Management Contractor Employee Database.
(8) Notify the contracting officer when the CRD to
this directive must be included in a M&O or
facility management contract.
b. DOE Heads of Contracting Activity.
(1) Prepare and submit for the CSO’s concurrence, an
annual site office staffing plan when assignments
directly supported by site office funding are
being requested (see attachment 4).
(2) Work with the M&O or other facility management
contractor, as needed, to develop a support plan
for administrative/overhead staff for the
Washington, D.C., area (see attachment 5).
(3) Authorize work authorizations for M&O and other
facility management contractor employees in the
Washington, D.C., area (see paragraph 4i).
(4) Maintain an inventory of current contractor
assignments accounted under its DOE approved
staffing ceiling using the OMBE M&O and Other
Facility Management Contractor Employee Database.
(5) Review the contractor’s use of government and
contractor leased space to ensure that Government-
owned or leased space is used to the maximum
extent practicable.
(6) Periodically review M&O and other facility
management contractor staffing assignments to
ensure conformance with site office staffing
plans.
(7) Modify contracts to include the CRD to this
directive when appropriate.
(8) Approve designation of alternative local senior
management officials to approve staffing plans or
individual assignments.
c. Office of Management, Budget and Evaluation, and
Associate Administrator for Management and
Administration, NNSA.
(1) Work with Program Secretarial Officers (PSOs) and
CSOs, to review, evaluate, and recommend for the
Deputy Secretary’s approval staffing plans
proposed by DOE program and site offices.
(2) Work with PSOs and CSOs and recommend for the
Deputy Secretary’s approval annual staffing
ceilings for facility contractor employee
assignments for each DOE program, site and
contractor office.
(3) Maintain a composite inventory of M&O and other
facility management contractor employees in the
Washington, D.C., area.
(4) Review and concur and recommend when appropriate
for the Deputy Secretary’s approval requests for
waivers to the approved program, site and
contractor employee staffing ceilings.
(5) Coordinate with the appropriate Chief Financial
Officers on any reports to Congress.
(6) Issue approved allocation notifications for
individual organizations in accordance with the
Deputy Secretary’s decisions.
(7) Prepare and submit Congressional reports on
coordination with program and site offices.
6. REFERENCE. DOE O 412.1, Work Authorization System, dated 4-
20-99, established the work authorization and control
process for work performed by site management contractors
for DOE.
7. DEFINITIONS.
a. M&O or other facility management contractor employee is
any employee of either a M&O or other facility
contractor responsible for managing a Department of
Energy (DOE) owned facility, such as a National
Laboratory, or a subcontractor to such a contractor.
b. M&O and other facility management contractor
assignments are assignment of M&O or other facility
management contractor employee to the Washington, D.C.,
area for more than 30 continuous calendar days where a
contractor employee provides a Headquarters program or
site office with technical expertise and experience in
the Washington, D.C., area, that is critical to that
office’s operation or program(s) or provides
administrative/overhead support to a M&O or other
facility management contractor’s Washington, D.C.,
staff office.
c. Program or site office critical staffing plans are
plans prepared by DOE program or site offices which
list the contractor employees who provide direct
support to program organizations sponsoring the
assignments.
d. Support plan for M&O or other facility contractors
administrative/overhead staffing plan for the
Washington D.C., area are developed and submitted by
the contractor to request or continue assignments of
contractor staff employees assigned to performing work
directly for the M&O or other facility management
contractor’s Washington D.C., office.
8. CONTACT. For information about this Order, contact the
Office of Procurement and Assistance Management, Acquisition
Planning and Liaison Division, at 202-586-3299.
BY ORDER OF THE SECRETARY OF ENERGY:
KYLE E. McSLARROW
Deputy Secretary
ATTACHMENT 1. DOE ORGANIZATIONS TO WHICH DOE O 350.2A IS APPLICABLE
This Order is applicable to the following DOE organizations and their associated Federal field elements:
Office of the Secretary
Chief Information Officer
Office of Civilian Radioactive Waste Management
Office of Congressional and Intergovernmental Affairs
Office of Counterintelligence
Departmental Representative to the Defense Nuclear Facilities Safety Board
Office of Economic Impact and Diversity
Office of Electric Transmission and Distribution
Office of Energy Efficiency and Renewable Energy
Energy Information Administration
Office of Environment, Safety and Health
Office of Environmental Management
Office of Fossil Energy
Office of General Counsel
Office of Hearings and Appeals
Office of Independent Oversight and Performance Assurance
Office of the Inspector General
Office of Intelligence
Office of Management, Budget and Evaluation and Chief Financial Officer
National Nuclear Security Administration (Excluding Office of the Deputy Administrator for Naval Reactors)
Office of Nuclear Energy, Science and Technology
Office of Policy and International Affairs
Office of Public Affairs
Office of Science
Secretary of Energy Advisory Board
Office of Security
Office of Worker and Community Transition
Office of Energy Assurance
ATTACHMENT 2
CONTRACTOR REQUIREMENTS DOCUMENT
DOE O 350.2A, Use of Facility Contractor Employees for Services
to DOE in the Washington D.C., Area
1. Any M&O or other facility management contractor employee providing services subject to
the provisions of this Order must be listed in the database of M&O or other facility
management contractor employees. Failure to list an employee in the database will
cause any costs associated with that employee (e.g., salary and benefits) to be
deemed unallowable under the terms and conditions of the contract.
2. The contractor is not permitted to award subcontracts or subcontract work tasks,
to provide direct support to Headquarters program or staff offices in the Washington DC area.
3. The contractor must prepare and submit to the HCA an annual support staffing plan
for continuation of an existing or the creation of a new administrative/overhead staff
office in the Washington, D.C. area. These staffing plans are required to:
(a) Delineate the following positions that are located at the contractor’s Washington
office and the costs of which are reimbursed by the Department including;
1 all administrative, office support, and overhead positions and
2 any positions that ensure efficient task performance but do not
support specific program offices.
(b) The plan will also indicate the program account each assignment is charged
against and the proposed staffing ceiling for the next fiscal year.
4. The contractor must operate within its approved annual support plan for administrative/
overhead staffing plan ceiling. Waiver requests to exceed approved staffing plan ceilings
are to be submitted to the HCA for concurrence and coordination.
5. The contractor must obtain approval of the M&O or other facility management contractor’s
HCA or designee, prior to assigning employees to positions in the Washington, D.C., area.
6. The contractor must provide any needed information to the HCA, or his or her designee,
in support of such assignments. This information may include:
a. rationale and description of required skills and expertise being provided;
Attachment 2 DOE O 350.2A Page 2 10-29-03
b. determination that there is no adverse impact to work at the contractor’s site
based on the selection of any personnel identified by the contractor as qualified
and available for the assignment;
c. determination that the assignment is critical and significant and mutually
beneficial to both the program and facility if the assignment exceeds 12 months;
d. determination that the work to be performed by the employee is within
the scope of the facility management contract though which the assignee
is employed and the assignment conforms with the staffing plan;
e. cost breakout for each assignment (including all indirect costs);
f. notification of completion of work assignment;
g. when applicable prepare a justification for requesting a waiver of the
Deputy Secretary’s approved ceiling based on critical need;
h. assist as need in the development of Work Authorization Statements
showing the required skills mix, scope of work, estimated duration,
reporting requirements and funding sources for individual assignments.
ATTACHMENT 3
ESTABLISHING AN M&O OR OTHER FACILITY MANAGEMENT
CONTRACTOR EMPLOYEE STAFFING PLAN
(See PDF file)
ATTACHMENT 4
DOE PROGRAM OR SITE OFFICE M&O OR OTHER FACILITY MANAGEMENT CONTRACTOR
EMPLOYEE CRITICAL SKILLS STAFFING PLAN OFFICE
OF
________________________________________
Fiscal Year 20______
Current Year Allocation: _________________
Current Number of Active Assignments: _________________
Proposed Number of Assignments: _________________
This plan adequately reflects the anticipated support required from facility contractor employees by
(program or site office) to meet program objectives.
For Headquarters Program Plans: For Site Office Plans:
______________________________________________________
(Program Secretarial Officer) (Cognizant Secretarial Officer)
July 1, 20__) (July, 20__)
DOE M&O OR OTHER FACILITY MANAGEMENT CONTRACTOR EMPLOYEES SUPPORTING OFFICE
OF ___________________________________________________
(Program or Site office)
Name 4.f.(1)(a)
Contractor/ Facility 4.f.(1)(e)
Job Description (Including Required Critical Skills and Expertise) 4.f.(1)(a)
Site* 4.f.(1)(g)
Program 4.f.(1)(h)
Start/End Dates 4.f.(1)(f)
Time Charged (%) 4.f.(1)(d)
Cost**($K/Mo 4.f.(1)(c)
*G= located within DOE facilities; O=located within M&O or other facility contractor office.
** Includes all indirect costs.
ANNUAL SUPPORT PLAN FOR M&O OR OTHER FACILITY MANAGEMENT
CONTRACTOR ADMINISTRATIVE/OVERHEAD STAFF FOR WASHINGTON, D.C.,
OFFICES FY 20
(See paragraph 4g(2) of DOE O 350.2A)
DOE Contractor: __________________________________
Phone Number:_________________
Address:
Washington, D.C., offices:
This allocation request is to:
Establish a new Office within the Washington D.C. area. _______.
Continue an existing Office within the Washington D.C. area. _______.
Contractor Office: ___________________________________________
Office Manager: ___________________________________________
Address: ___________________________________________
Phone Number: ___________________________________________
Current Year Allocation: __________
Current Number of Active Assignments: __________
Proposed Number of Assignments: __________
Site (name):
Administrative Staff Member
Duration of Assignment (Start Date to Anticipated End Date)
Function (Statement of Necessity for Presence in Washington, D.C., Office)
Total Cost*
Accounts Charged (%)**
*Includes all indirect costs.
**For example: NE 70%; overhead 30%.
Ratio of Administrative to Technical Staff
Site Name and Number
Total Administrative (Admin.) Staff (FTEs)
Total Technical (Tech.) Staff* (FTEs)
Ratio (Admin.:Tech.)
*Includes professional technical staff only.
Anticipated events during FY 20 that may impact the number of positions, costs, or duration
of assignments reflected in the table above (e.g., expansion of a program; discontinuance of
support services provided by home site):
Itemized Costs for Maintaining Offices*
Site Name and Number
Estimated FY **
versus†
Previous FY **
*Include previously estimated staffing costs.
**Total for each site.
† Explain significant variances using additional pages if necessary.
Approvals: This plan accurately reflects the administrative support anticipated by
______________________ (DOE contractor) and _________________________ (DOE site office) a
s necessary for the contractor to meet FY 20_____requirements in support of DOE’s mission.
DOE Contracting Officer (DOE site office) Contractor's Representative
ATTACHMENT 6
PROCEDURES FOR WORK ASSIGNMENTS IN WASHINGTON, DC
(See PDF file)