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U.S. Department of Energy ORDER
Washington, D.C. DOE O 484.1
Approved: 8-17-06
SUBJECT: REIMBURSABLE WORK FOR THE DEPARTMENT OF
HOMELAND SECURITY
1. OBJECTIVE. To establish Department of Energy (DOE) policies and
procedures for the acceptance, performance, and
administration of reimbursable work directly funded by the
Department of Homeland Security (DHS).
2. CANCELLATION. DOE N 481.1A, Reimbursable Work for
Department of Homeland Security, dated 4-21-03, and DOE
N 251.62, Extension of DOE N 481.1A, dated 4-21-05, are
canceled. Cancellation of the above Notices does not modify or otherwise
affect any contractual obligation to comply with the Notices. Canceled
Notices that are incorporated by reference in a contract
remain in effect until the contract is modified to delete
the reference to the requirements of the canceled Notices.
3. APPLICABILITY.
a. DOE Elements. Except for the exclusions in paragraph 3c, this
Order applies to all DOE elements (see Attachment 1).
This Order automatically applies to DOE organizations
created after it is issued.
The NNSA Administrator will ensure that NNSA employees
and contractors comply with their respective
responsibilities under this Order.
For purposes of clarity, where the DOE acronym is used
in this Order both NNSA and non-NNSA organizations
within DOE are included unless otherwise noted. When
necessary, a clear distinction will be made between
NNSA and non-NNSA organizations within DOE.
b. DOE Contractors.
(1) Except for the exclusions in paragraph 3c, the Contractor
Requirements Document (CRD), Attachment 2, sets forth
requirements of this Order that will apply to site/facility
management contracts that include the CRD.
(2) This CRD must be included in site/facility management
contracts to provide authorization to the contractor to perform
reimbursable work for DHS under the facility management contract.
c. Exclusions.
(1) Any work performed on a reimbursable basis under DOE O
481.1C, Work for Others (Non-Department of Energy Funded Work),
dated 1-24-05.
(2) Work conducted under an agreement with the private sector or
other agencies, regardless of whether the funds originated with
DHS.
(3) DHS activities that use DOE laboratory or site intelligence
personnel, information, technology, or systems defined as
“intelligence and intelligence-related” per section V of the
“Memorandum of Agreement between Department of Energy and
Department of Homeland Security,” dated 2-28-03, (DOE/DHS MOA),
which provides that these projects will be conducted through and
administered by the DOE Office of Intelligence.
(4) Work performed by the Bonneville Power Administration.
4. REQUIREMENTS. It is Departmental policy that DOE resources be
available to DHS consistent with the Homeland Security Act of 2002,
which authorizes DHS to access the capabilities of DOE’s
laboratories and other sites to further DHS mission
objectives. In addition, DOE will provide access to its
facilities under the terms of the DOE/DHS MOA (Attachment 3).
DOE O 481.1C does not apply to work directly funded by
DHS. All DHS reimbursable work requires the approval of a
DOE contracting officer or authorized designee. Approval
must not be delegated to the contractor. DHS-funded work at
a DOE national laboratory or site will be performed on an
equal basis to other missions at the laboratory or site and
not on a non-interference basis with other missions of such
laboratory or site.
a. Unless otherwise noted in this Order, all DHS reimbursable
work will be performed consistent with the terms and conditions
set forth in the applicable DOE facility/site contracts and
subject to other DOE approvals consistent with DOE work.
b. DHS is responsible for costs a DOE contractor incurs while
performing work for DHS under DOE O 484.1, including third party
liability costs determined allowable under the contract and
consistent with the DHS approved scope of work.
c. DOE must base its review and approval of DHS reimbursable
work on a DHS-, DOE-, and/or DOE contractor-prepared project
proposal that clearly describes the agreed-to statement of work,
work methodology, resources, and schedule.
d. DHS reimbursable work must—
(1) be within the DOE facility/site contract scope and in
accordance with the terms and conditions of the contract,
(2) not propose work that requires a DOE contractor to incur
costs or long-term liabilities that create an unfunded burden
on DOE facilities and resources, and
(3) be consistent with applicable laws and regulations.
e. Work will be priced in accordance with DOE pricing policies
and the pricing provisions applicable to DHS work, which includes
the following.
(1) Costs charged to DHS will be consistent with the costs of
similar work performed for DOE.
(2) Costs for the DOE Federal administrative charge will not be
assessed for directly funded DHS work.
(3) Amounts charged for general site safeguard and security
surcharges or personnel costs will not be in excess of the
amounts that DOE programs incur for similar work.
(4) Costs of DHS requirements for site safeguards, security, or
personnel that can be attributed directly to a DHS project and
exceed those of DOE for similar work may be charged to DHS. Such
costs will be identified in the proposal.
(5) Laboratory-directed research and development (LDRD) costs to
be charged will be identified to DHS in the proposal and will be
consistent with costs charged to DOE for similar activities. The
objectives of the LDRD program are to maintain scientific and
technical vitality of the laboratories, enhance the laboratories'
ability to address future DOE and national1 missions, foster
creativity and stimulate exploration of forefront science and
technology, serve as a proving ground for new research, and
support high-risk, potentially high-value R&D. Normally, LDRD
will also include one or more of the following characteristics:
(a) advanced study of hypotheses, concepts, or innovative
approaches to scientific or technical problems;
(b) experiments and analyses directed towards "proof of
principle" or early determination of the utility of new
scientific ideas, technical concepts, or devices; and
(c) conception and preliminary technical analyses of
experimental facilities or devices.
(6) Language acknowledging/accepting LDRD charges must be
included in the cover letter accompanying new/revised DHS
proposals and in each DHS funding acceptance document (see
Attachment 4).
f. Equipment acquired as part of a project must be accounted
for and maintained in the same manner as DOE property.
Disposition of equipment must be as previously agreed or as
instructed by DHS. Equipment shipping costs are the
responsibility of DHS.
g. Special access program (SAP) work requires the approval of
the DOE SAP Oversight Committee before the start of work at any
DOE or NNSA facility. Intelligence-related SAPs will be reviewed
and approved by the Director, Office of Intelligence.
h. DHS reimbursable work activities involving human subjects,
including research that is classified, whether performed
domestically or in an international environment, can begin only
if they are conducted in compliance with Federal regulations and
DOE requirements for human subject protection.
i. DHS proposed project construction that exceeds the general
plant project (GPP) threshold at a DOE site must be coordinated
with the cognizant Secretarial Officer and the DOE Chief
Financial Officer (CFO) for a DOE site or, for an NNSA site, the
NNSA Associate Administrator for Management and Administration
and the NNSA Director, Office of Field Financial Management.
Projects must meet the following requirements:
(1) construction projects must be performed according to the
requirements of DOE O 413.3, Program and Project
Management for the Acquisition of Capital Assets,
dated 10-13-00, and
(2) title for permanent construction must vest with DOE.
Title disposition for permanent construction located on
DOE-owned or controlled property shall be determined and
agreed upon between DOE and DHS during the initial planning
stages of a project.
j. In operating DOE Federally Funded Research and Development
Centers (FFRDCs) or other facilities, a contractor may not
respond to DHS Requests for Proposals or other DHS solicitations
that involve head-to-head competition with the private sector as
an offeror, team member, or subcontractor to an offeror.
k. Unless prohibited by DHS policy, when these requirements are
met and following notification to the cognizant field office, a
DOE site/facility management contractor operating an FFRDC or
other DOE facility may respond to DHS Broad Agency Announcements,
financial assistance solicitations, and similar DHS solicitations
that do not result in head-to-head competition with the private
sector, subject to the requirements of this Order. These
solicitations must meet the following requirements:
(1) announcements must be general research announcements
used for the acquisition of basic or applied research to further
advance scientific knowledge or understanding rather than focus
on a specific system or hardware solution;
(2) evaluation and selection must be performed through a merit
or peer review process using pre-established general selection
criteria; and
(3) primary basis for selection must be technical approach,
importance to the Agency, and funds availability.
5. RESPONSIBILITIES—NON-NNSA ENTITIES WITHIN DOE. In keeping
with Section 3220 of the National Nuclear Security
Administration Act (P.L. 106-65), 50 U.S.C. 2410,
responsibilities under this Order have been separated into
DOE organizational responsibilities, below, and NNSA
organizational responsibilities (paragraph 6). Unless
otherwise noted, all DHS reimbursable work referred to in
paragraph 5 and its subparagraphs is non-NNSA.
a. Deputy Under Secretary for Counterterrorism.
(1) Serves as DOE and NNSA senior point of contact with DHS.
(2) Provides DHS (Office of Science and Technology) a
copy of DOE’s annual report to Congress on LDRD
activities.
c. Director, Office of Management.
(1) Coordinates the establishment of DHS reimbursable work
policy and procedures with Secretarial Officers and NNSA
officials.
(2) Conducts periodic reviews of the implementation of this
Order by Secretarial Officers and heads of field organizations.
(3) Approves requests for excluding DHS projects from
requirements of this Order [for NNSA exclusions see paragraph
6b(4)].
d. Chief Financial Officer.
(1) Concurs on all DHS construction projects that exceed the GPP
threshold established by the DOE CFO.
(2) Develops and maintains financial information on DHS
reimbursable work and prepares financial reports as required.
(3) Coordinates with the NNSA Director, Office of Field
Financial Management, on approval of requests to exclude NNSA
DHS projects from the requirements of this Order.
e. Director, Office of Procurement and Assistance Management ensures
that the Director, Office of Headquarters Procurement
Services, or an authorized designee, reviews and
accepts all Headquarters-accepted DHS projects, unless
delegated (see paragraph 5i).
f. General Counsel/Field Counsel.
(1) Provides legal advice and representation on DOE issues
related to DHS reimbursable work.
(2) Establishes policy on patent and technical data in
coordination with NNSA General Counsel/NNSA Field Counsel and in
consultation with the DHS Office of General Counsel.
(3) Advises on patent and technical data clauses of contracts in
consultation with the DHS Office of General Counsel.
(4) Approves waivers of patent rights in consultation with the
DHS Office of General Counsel.
(5) Provides the DHS Office of General Counsel quarterly reports
of invention disclosures arising from reimbursable work directly
funded by DHS.
g. Associate Director, Office of Biological and Environmental
Research oversees the DOE (including NNSA) system to ensure that
proposed DHS-reimbursable research using human or
animal subjects complies with established Federal
regulations and DOE requirements for the protection
of these subjects.
h. DOE Director, Office of Intelligence and Counter-
Intelligence.
(1) Develops and implements procedures for DHS intelligence and
intelligence-related reimbursable work.
(2) Reviews and approves proposed intelligence and intelligence-
related DHS reimbursable work and intelligence SAPs through the
appropriate site office.
(3) Coordinates program reviews of intelligence and intelligence-
related DHS reimbursable work with the participation of
appropriate field organizations.
(4) Reviews intelligence and intelligence-related DHS
reimbursable work for duplication of effort.
(5) Serves as the DOE, including the NNSA, central point of
contact for coordination with DHS on intelligence and
intelligence-related reimbursable work for DHS.
(6) Ensures that the cognizant Secretarial Officer/NNSA
Administrator is informed of problems in field management of
intelligence and intelligence-related DHS reimbursable work.
i. Director, Office of Security and Safety Performance
Assurance provides for conducting independent evaluations to assess
the effectiveness of environment, safety, health, and
safeguards and security of DHS reimbursable work.
j. Program Secretarial Officers.
(1) When delegated the authority, accept agreements for DHS
reimbursable work.
(2) For work that is accepted at Headquarters but performed in
the field, the responsible program Secretarial Officer, when
delegated authority to accept agreements for DHS work, must
ensure the cognizant field organization has met the requirements
of this Order (paragraph 4) before accepting the project.
(3) For work accepted and performed at Headquarters involving
human and/or animal subjects, the responsible program Secretarial
Officer must ensure that DOE and/or contractor representatives
review proposed DHS projects for compliance with established
Federal regulations and DOE requirements for protection of these
subjects.
NOTE: If the responsible program Secretarial
Officer has not been delegated authority to
accept agreements for DHS reimbursable work,
the Director, Office of Headquarters
Procurement Services, will accept DHS
projects.
k. Cognizant Secretarial Officers.
(1) Recommend changes in policies on reimbursable work for DHS
to the Director, Office of Management.
(2) Concur in all facility construction projects that exceed the
DOE CFO GPP threshold.
(3) Obtain concurrence from the CFO for facility construction
projects that exceed the DOE CFO GPP threshold.
(4) For DOE facilities under their cognizance—
(a) review DHS activities annually to be aware of the level and
type of DHS activities being conducted and
(b) ensure that heads of the responsible DOE field organizations
have developed and implemented procedures for review, acceptance,
authorization, and monitoring of reimbursable work from DHS
consistent with DOE policy [see paragraph 5j(1)].
(5) Invite DHS to attend DOE annual LDRD reviews.
l. Heads of DOE Field Elements.
(1) Function as Departmental managers for DHS reimbursable work
conducted at facilities under their purview.
NOTE: In this capacity, heads of field
organizations are accountable to the
cognizant Secretarial Officers.
(2) Provide notification to DOE contracting officers to
incorporate the CRD into site/facility management contracts for
those sites under their purview.
(3) Develop and implement field procedures for DHS reimbursable
work review, acceptance, authorization, notification to DHS of
accepted work, and monitoring consistent with DOE policies and
procedures.
(4) Encourage parallel review and processing by DOE, DHS, and
the site/facility management contractor to expedite reviews and
approvals.
(5) Conduct periodic reviews of contractor policies and
procedures for negotiating and administering DHS reimbursable
work projects.
(6) Notify the cognizant Secretarial Officer of DHS reimbursable
work projects that involve sensitive subjects.
(7) Ensure that DOE and/or contractor representatives review
proposed DHS reimbursable work projects involving human and/or
animal subjects for compliance with established Federal
regulations and DOE requirements for protecting these subjects.
(8) Ensure that DHS reimbursable work projects under their
purview are protected in accordance with applicable DOE security,
safeguards, counter intelligence and classification policies;
site security plans; and supplemental security plans specific to
the projects.
(9) Ensure that DOE and contractor representatives review DHS
reimbursable work projects for compliance with the National
Environmental Policy Act of 1969 and other environment, safety,
and health requirements.
(10) Ensure that the appropriate Headquarters program and/or
administrative offices are involved in the DHS review process
before accepting DHS work when such coordination/approval is
required by this Order (paragraphs 4g and 4i).
(11) Establish and implement closeout procedures for DHS
reimbursable work projects.
(12) Ensure that scientific and technical information resulting
from DHS reimbursable work is coordinated with DHS and is
consistent with existing DOE Orders and regulations before
dissemination.
(13) Establish DOE performance goals and measures to assess field
performance, effectiveness of local DHS reimbursable work
processes, and impacts of subsequent improvements and additional
requirements.
(14) Ensure that a summary of each active DHS reimbursable work
project is maintained. At minimum, the information should
include—
(a) project title and description,
(b) assigned laboratory or contractor,
(c) field points of contact,
(d) total estimated costs, and
(e) estimated start and completion dates.
(15) Ensure that project information documenting policy
compliance is maintained by DOE and/or the performing contractor.
(16) In coordination with cognizant Secretarial Officers, submit
to the Director, Office of Management, requests to grant
exclusions from the requirements of this Order.
m. Contracting Officers, once notified by the head
of the DOE field organization, are responsible for
incorporating the CRD into site/facility management
contracts. In addition, if the head of the DOE field
organization has provided delegated authority, reviews
and accepts DHS projects.
6. RESPONSIBILITIES—NNSA ORGANIZATIONS. Unless otherwise noted,
all DHS reimbursable work referred to in paragraph 6 and its
subparagraphs is work performed by NNSA organizations and
their contractors.
a. Associate Administrator for Management and Administration.
(1) Working in coordination with the DOE Office of Management,
the CFO, and other program Secretarial Officers, establishes DOE
DHS reimbursable work policy and procedures.
(2) Develops and implements procedural guidance on DHS
reimbursable work for NNSA organizations.
(3) Concurs on all DHS construction projects that exceed the GPP
threshold.
(4) Delegate authority to Deputy Administrators to accept
Headquarters-accepted DHS reimbursable agreements.
b. Director, Office of Field Financial Management.
(1) Conducts periodic reviews of the implementation of this
Order by NNSA Headquarters and heads of NNSA field organizations.
(2) Develops and maintains financial information on DHS
reimbursable work, and prepares financial reports as necessary.
(3) Concurs on DHS construction projects that exceed the GPP
threshold.
(4) Approves requests to exclude DHS projects from the
requirements of this Order in coordination with the DOE
Director, Office of Management.
c. NNSA General Counsel or NNSA Field Counsel.
(1) Provides legal advice and representation on issues related
to DHS reimbursable work.
(2) Establishes policy on patent and technical data in
coordination with the DOE General Counsel and in consultation
with the DHS Office of General Counsel.
(3) Advises on patent and technical data clauses of contracts in
coordination with the DOE General Counsel and in consultation
with the DHS Office of General Counsel.
(4) Coordinates approvals patent rights waivers with the DOE
Office of General Counsel and in consultation with the
DHS Office of General Counsel.
d. Deputy Administrators are responsible for the overall
management and oversight of DHS
reimbursable work activities at their sites.
Responsibilities include the following.
(1) Developing and recommending changes in DHS reimbursable
work policies to the NNSA Associate Administrator for
Management and Administration.
(2) Accepting DHS reimbursable agreements accepted at
Headquarters, when delegated authority by the Associate
Administrator for Management and Administration.
(3) For work that is accepted at Headquarters but performed in
the field, ensuring that the cognizant field organization has met
the requirements of paragraph 4 before accepting a project.
NOTE: If the responsible NNSA Deputy
Administrator has not been delegated
authority to accept DHS reimbursable
agreements, a site office manager or
authorized designees will perform this
function for Headquarters acceptance of a
DHS reimbursable project.
(4) After obtaining concurrence from the Director, Office of
Field Financial Management, approving facility construction
that exceeds the GPP threshold.
(5) Inviting DHS to attend NNSA annual LDRD reviews.
e. Assistant Deputy Administrator, Office of Nonproliferation
Research and Engineering reviews and provides comments
on DHS nuclear nonproliferation
detection technology projects to the NNSA Office of
Institutional and Joint Programs for action.
f. Director, Office of Counterintelligence/Chief, Office
of Defense Nuclear Counterintelligence.
(1) Serves as the focal point for coordination with DHS for
counterintelligence or counterintelligence-related reimbursable
work.
(2) Coordinates program reviews of counterintelligence and
counterintelligence related DHS reimbursable work with the
participation of appropriate field organizations.
g. Site Office Managers.
(1) Function as administrative managers for DHS reimbursable
work conducted at NNSA facilities under their purview.
NOTE: In this capacity, site office managers are
accountable to the cognizant NNSA Deputy
Administrator.
(2) Review and accept NNSA DHS projects, consistent with
authorities delegated by the NNSA head of contracting activities
(see paragraph 6d).
NOTE: Authority for the review and acceptance of
individual DHS projects may be delegated to
site-specific staff such as a site
contracting officer.
(3) Provide notification to NNSA contracting officers to
incorporate the CRD into site/facility management contracts for
those sites under their purview.
(4) Develop and implement field procedures for DHS reimbursable
work review, acceptance, authorization, notification to DHS of
accepted work, and monitoring consistent with NNSA policies and
procedures.
(5) Encourage parallel review and processing by NNSA, DHS, and
the site/facility management contractor to expedite reviews and
approvals.
(6) Conduct periodic reviews of contractor policies and
procedures for negotiating and administering DHS reimbursable
work projects.
(7) Notify the cognizant NNSA Deputy Administrator of DHS
reimbursable work projects that involve sensitive subjects.
(8) Ensure that NNSA and/or contractor representatives review
proposed DHS reimbursable work projects involving human and/or
animal subjects for compliance with established Federal
regulations and NNSA requirements for protecting these subjects.
(9) Ensure that DHS reimbursable work projects under their
purview are protected in accordance with applicable NNSA
security, safeguards, counter intelligence, and classification
policies; site security plans; and supplemental security plans
specific to the project.
(10) Ensure that NNSA and contractor representatives review DHS
reimbursable work projects for compliance with the National
Environmental Policy Act of 1969 and other environment, safety,
and health requirements.
(11) Coordinate when required by this Order (paragraphs. 4g and
4i) with the NNSA Office of Institutional and Joint Programs to
ensure that appropriate Headquarters organizations are involved
in the DHS reimbursable work review process before accepting
DHS work.
(12) Establish and implement closeout procedures for DHS
reimbursable work projects.
(13) Ensure that scientific and technical information resulting
from the performance of DHS reimbursable work is coordinated
with DHS and is consistent with existing DOE Orders and regulations
before dissemination.
(14) Establish NNSA performance goals and measures to assess
field performance, effectiveness of local DHS reimbursable work
processes, and impacts of subsequent improvements and additional
requirements.
(15) Ensure that a summary of each active DHS reimbursable work
project is maintained. At minimum, the information should
include—
(a) project title and description,
(b) assigned laboratory or contractor,
(c) field points of contact,
(d) total estimated costs, and
(e) estimated start and completion dates.
(16) Ensure that project information documenting policy
compliance is maintained by NNSA and/or the
performing contractor.
(17) Submit requests for exclusion from requirements of this
Order to the cognizant Deputy Administrator.
h. Contracting Officers, once notified by site office
managers, are responsible for
incorporating the CRD into site/facility management
contracts. In addition, if the Site Office Manager
has provided delegated authority, reviews and accepts
DHS projects.
7. REFERENCES.
a. DOE G 241.1-1A, Guide to the Management of Scientific and
Technical Information, dated 11-23-01, which specifies processes
and procedures for implementing objectives, requirements, and
responsibilities of DOE O 241.1A.
b. DOE O 241.1A, Scientific and Technical Information
Management, dated 4-9-01, which establishes requirements and
assigns responsibilities to ensure that scientific and technical
information emanating from DOE research is appropriately
identified, processed, disseminated, and preserved.
c. DOE O 413.2A, Laboratory Directed Research and Development,
dated 1-8-01, which establishes DOE requirements for laboratory
directed research and development while providing laboratory
director broad flexibility for program implementation.
d. DOE O 413.3A, Program and Project Management for the
Acquisition of Capital Assets, dated 7-28-06, which establishes
requirements and responsibilities for the acquisition of capital
assets.
e. DOE P 443.1, Protection of Human Subjects, dated 5-15-00,
which defines DOE policy for the protection of human subjects in
research activities.
f. DOE O 443.1, Protection of Human Subjects, dated 5-15-00,
which establishes the procedures and responsibilities for
implementing the policy and requirements set forth in 10 CFR Part
745 and in DOE P 443.1.
g. DOE M 471.2-3A, Special Access Program Policies,
Responsibilities, and Procedures, dated 7-11-02, which delineates
policies, responsibilities, and procedures for SAP projects.
h. DOE O 475.1, Counterintelligence Program, dated 12-10-04,
which establishes DOE counterintelligence requirements and
responsibilities.
i. DOE M 475.1-1A, Identifying Classified Information, dated 5-
8-98 (NNSA certified 2-26-01), which specifies responsibilities,
authorities, policies, and procedures for management of the DOE
Classification System.
j. DOE M 481.1-1A, Reimbursable Work for Non-Federal Sponsors
Process Manual, dated 1-3-01, which defines requirements for
performance of work for non-DOE/non-NNSA entities by DOE/NNSA
and contractor personnel and for use of DOE/NNSA facilities for work
that is not directly funded by DOE/NNSA appropriations.
k. DOE O 481.1C, Work for Others (Non-Department of Energy
Funded Work), dated 1-24-05, which establishes the requirements
and responsibilities that must be met before work for others
(WFO) is performed.
l. DOE O 522.1, Pricing of Departmental Materials and Services,
dated 11-3-04, which establishes requirements and assigns
responsibilities for setting prices and charges for materials or
services sold or provided by DOE either directly or through
site/facility management contractors, to organizations and
persons outside DOE/NNSA.
m. Department of Energy Accounting Handbook, dated 9-8-98,
Chapter 13, “Reimbursable Work, Revenues, and Other Collections,”
which establishes DOE-/NNSA-wide financial policy and procedural
guidance for certain interagency reimbursable actions and
reimbursable actions with non-DOE/non-NNSA entities
(www.cfo.doe.gov/policy/actindex/chap13.pdf).
n. “DOE Procedures for Intelligence Activities,” 1992, which
provides supplemental guidance/requirements for the conduct of
intelligence WFO.
o. The National Competitiveness Technology Transfer Act of 1989
(P.L. 101-189; Sections 3131, 3132, 3133, and 3159 of the DoD
Authorization Act for FY 1990), which prescribes technology
transfer as a DOE mission.
p. The National Environmental Policy Act of 1969 (P.L. 91-190),
which encourages efforts to prevent or eliminate damage to the
environment.
q. The National Nuclear Security Administration Act (P.L. 106-
65), which establishes NNSA responsibilities.
r. The Stevenson-Wydler Technology Innovation Act of 1980 (P.L.
96-480), as amended, Section 11, which states as public policy
that the Federal Government must strive to transfer Federally
owned or originated technology to State and local governments
and the private sector.
s. E.O. 12333, “United States Intelligence Activities,” part
1.13, which establishes responsibilities for DOE to support the
U.S. intelligence community by providing expert technical,
analytical, and research capability to others within the
intelligence community and by anticipating how DOE can
contribute to the formulation of intelligence collection and
analysis requirements.
t. Federal Acquisition Regulation (FAR) 17.5, “Interagency
Acquisitions under the Economy Act,” which prescribes policies
and procedures for a Federal agency to obtain supplies or
services from another Federal agency.
u. FAR 35.017, “Federally Funded Research and Development
Centers,” which establishes Government-wide policies for
review and termination of FFRDCs.
v. Office of Management and Budget Circular A-97, Specialized
or Technical Services for State and Local Governments, dated
8-29-69, which defines rules and regulations permitting Federal
agencies to provide specialized or technical services to State
and local units of government under Title III of the
Intergovernmental Cooperation Act of 1968.
w. Title 10 Code of Federal Regulations (CFR) Part 745,
“Protection of Human Subjects,” which sets out Federal
regulations for DOE for protecting human subjects of research
activities.
x. Homeland Security Act of 2002 (6 U.S.C. 189), which
authorizes the Secretary of the Department of Homeland Security
to use the Department of Energy national laboratories and sites
to perform work for the Department of Homeland Security on an
equal basis to other missions at the laboratories/sites.
8. DEFINITIONS. The following terms apply to DHS reimbursable work
agreements performed by DOE, NNSA, and/or their contractors.
a. Acceptance. Official signing of a DHS reimbursable agreement
and funding document (i.e., interagency agreement) by a
DOE/NNSA contracting officer or an official with delegated
authority to commit DOE/NNSA and their contractors to
perform DHS reimbursable work.
b. Cognizant Secretarial Officers Headquarters Assistant
Secretaries, Deputy Administrators,
Associate Administrator and staff office directors
responsible for oversight or institutional management
of DOE/NNSA facilities.
c. Site/Facility Management Contracts. Contracts for
the operation and maintenance of DOE Government-
owned facilities.
d. Heads of Field Elements/Site Office Managers. Officials
who direct activities of DOE/NNSA field or site
offices and field organizations reporting directly to
Headquarters.
e. Human Subjects. Living individuals about whom
a researcher obtains data
through intervention, interaction, or identifiable
information.
f. Intelligence-Related Work for Others.
(1) Work directly funded by intelligence appropriations or
by an organization specifically identified in E.O. 12333
as an intelligence organization.
(2) Work funded by either the National Foreign Intelligence
Program or the Tactical Intelligence and Related Activities
Program.
(3) Work for which the technical DOE Headquarters official is
the Director, Office of Intelligence.
g. Interagency Agreement. Agreement providing
funding, billing, and payment data in
support of a reimbursable agreement. The format of a
DHS interagency agreement is acceptable as long as it
contains the appropriate elements as outlined in
this Order.
h. Program Secretarial Officers and Deputy NNSA Administrators.
Headquarters Assistant Secretaries, Deputy Administrators, and
staff office directors who have management
responsibility for program planning, budgeting, and
execution of DOE/NNSA mission program activities.
i. Reimbursable Agreement. Written agreement to perform
work or provide a service to DHS.
j. Research. Systematic investigation, research
development, testing, and
evaluation designed to expand or contribute to general
knowledge.
k. Space Nuclear and Noncommercial Power Reactor and
Radioisotope Power Projects. Research and development
associated with nuclear energy that
is space nuclear reactor, noncommercial power reactor,
and radioisotope power source projects. Excludes
Nuclear Regulatory Commission, fusion, weapons-related
activities, naval propulsion reactors, and experimental
reactors.
l. Sponsor. An entity that provides work for others funding.
m. Reimbursable Work for the Department of Homeland Security
(DHS). Work for DHS by DOE/NNSA and/or their contractors
or use of DOE/NNSA facilities for work that is not directly
funded by DOE/NNSA appropriations.
9. CONTACT. For additional information, contact Office of General Counsel
at 202-586-5246, Office of Procurement and Assistance
Management at 202-287-1507, or Office of Institutional and
Joint Programs at 505-845-4296.
BY ORDER OF THE SECRETARY OF ENERGY:
CLAY SELL
Deputy Secretary
DOE ELEMENTS TO WHICH DOE O 484.1 IS APPLICABLE
Office of the Secretary
Departmental Representative to the Defense Nuclear Facilities
Safety Board
National Nuclear Security Administration
Office of the Chief Financial Officer
Office of the Chief Information Officer
Office of Civilian Radioactive Waste Management
Office of Congressional and Intergovernmental Affairs
Office of Economic Impact and Diversity
Office of Electricity Delivery and Energy Reliability
Office of Energy Efficiency and Renewable Energy
Office of 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 Human Capital Management
Office of Inspector General
Office of Intelligence and Counterintelligence
Office of Legacy Management
Office of Management
Office of Nuclear Energy, Science and Technology
Office of Policy and International Affairs
Office of Public Affairs
Office of Science
Office of Security and Safety Performance Assurance
Secretary of Energy Advisory Board
Southeastern Power Administration
Southwestern Power Administration
Western Area Power Administration
CONTRACTOR REQUIREMENTS DOCUMENT
DOE O 484.1, REIMBURSABLE WORK FOR
THE DEPARTMENT OF HOMELAND SECURITY
Regardless of the performer of the work, the contractor is
responsible for complying with the requirements of this
Contractor Requirements Document (CRD) and flowing down CRD
requirements to subcontractors at any tier to the extent
necessary to ensure contractor compliance.
This CRD establishes requirements for Department of Energy (DOE)
contractors, including National Nuclear Security Administration
contractors, performing work and/or using DOE facilities to
perform work directly funded by the Department of Homeland
Security (DHS).
Contractors will perform and administer DHS reimbursable work in
accordance with the “Memorandum of Agreement between Department
of Energy and Department of Homeland Security,” dated 2-28-03
(Attachment 3) or amendments thereto and the following
requirements.
As directed by the contracting officer, the contractor must meet
the following requirements.
1. Establish and maintain a management system that ensures
reimbursable work for DHS requirements are satisfied.
2. Prepare project proposals that clearly describe the agreed-
to statement of work, work methodology resources, and schedule
before DOE acceptance of funding.
3. Ensure the work is—
a. within the facility/site contract scope and
b. priced in accordance with DOE pricing policies and
provisions applicable to DHS work, which include the following.
(1) Cost estimates will be based on charges consistent with the
costs of similar work performed for DOE.
(2) Costs for the DOE Federal administrative charge will not be
assessed for directly funded DHS work.
(3) Amounts charged for general site safeguard and security
surcharges or personnel costs will not be in excess of the
amounts that DOE programs incur for similar work.
(4) When DHS requirements for site safeguards, security, or
personnel exceed those of DOE for similar work, the costs of
those special DHS requirements that can be attributed directly to
the DHS project may be charged to DHS. Such costs will be
identified in proposals.
c. accepted by a DOE contracting officer or authorized designee
4. Equipment acquired as part of a project must be accounted
for and maintained in the same manner as DOE property.
Disposition of equipment must be as previously agreed or as
instructed by DHS. Equipment shipping costs are the
responsibility of DHS.
LABORATORY-DIRECTED RESEARCH AND DEVELOPMENT
COST INSTRUCTIONS
Estimated laboratory-directed research and development (LDRD)
costs (dollar amount rounded to nearest thousand) must be
separately identified in Department of Homeland Security (DHS)
project cost proposals. Section 309(f) of the Homeland Security
Act of 2002 (P.L. 107-296), provides that “no funds authorized to
be appropriated or otherwise made available to the Department [of
Homeland Security] in any fiscal year may be obligated or
expended for laboratory directed research and development
activities carried out by the Department of Energy unless such
activities support the missions of the Department of Homeland
Security.” The Department of Energy (DOE) manages its LDRD
program in a manner that will demonstrate that LDRD activities
support DHS missions commensurate with the funding provided by
DHS.
The following language must be included in the cover letter
accompanying a new and/or revised DHS proposal.
“Consistent with the Department of Energy’s (DOE’s) full
cost recovery policy, DOE collects, as part of its standard
indirect cost rate, a laboratory-directed research and
development (LDRD) cost levied on all monies received at the
laboratory. The estimated amount of LDRD costs is
identified in the Department of Homeland Security (DHS)
proposal cost estimate section. LDRD efforts provide
opportunities in research that are instrumental in
maintaining cutting-edge science capabilities that benefit
all of the customers at the laboratory. DOE recognizes that
Section 309(f) of the Homeland Security Act of 2002 (P.L.
107-296), provides that “no funds authorized to be
appropriated or otherwise made available to the Department
in any fiscal year may be obligated or expended for
laboratory directed research and development activities
carried out by the Department of Energy unless such
activities support the missions of the Department of
Homeland Security.” In accordance with DOE procedures, DHS
will be apprised of the 2activities conducted under the LDRD
program that support DHS missions.
The following language must be included in each DHS funding
acceptance document.
“Consistent with the Department of Energy’s (DOE’s) full
cost recovery policy, DOE collects, as part of its standard
indirect cost rate, a laboratory-directed research and
development (LDRD) cost. Based on the amount of funds
accepted for this project, $## represents an estimated
amount that will be used for LDRD efforts. DHS agrees that
LDRD efforts provide opportunities in research that are instrumental
in maintaining cutting-edge science capabilities that benefit
all of the customers at the laboratory. In addition, 4DOE
manages its LDRD program in a manner that will demonstrate
that LDRD activities support DHS mission areas commensurate
with the funding provided by DHS. In providing funds to DOE
to perform this work, DHS anticipates5 that such activities
will support the missions of DHS and will be consistent with
appropriations acts that provide its funds.”