# PART 939—ACQUISITION OF INFORMATION TECHNOLOGY

Authority: 42 U.S.C. 7101 and 50 U.S.C. 2401

Source: 62 FR 53758, Oct. 16, 1997, unless otherwise noted.

Subpart 939.70—Implementing DOE Policies and Procedures

939.7000 Scope.

939.7001 [Reserved]

939.7002 Contractor acquisition of information technology.

## Subpart 939.70—Implementing DOE Policies and Procedures

### 939.7000 Scope.

This part sets forth the policies and procedures that apply to the acquisition of information technology by the Department of Energy (DOE).

### 939.7001 [Reserved]

### 939.7002 Contractor acquisition of information technology.

(a) Management and operating (M&O) contracts. Except as provided in paragraph (c) of this section, M&O contractors and their subcontractors shall not be used to acquire information technology unrelated to the mission of the M&O contract either for sole use by DOE employees or employees of other DOE contractors, or for use by other Federal agencies or their contractors.

(b) Other than M&O contracts. Where it has been determined that a contractor (other than an M&O contractor or its subcontractor) will acquire information technology either for sole use by DOE employees or for the furnishing of the information technology as government-furnished property under another contract, and after receiving written authorization from their cognizant DOE contracting office pursuant to 48 CFR part 51, DOE contractors working under cost-reimbursement-type contracts may place orders against authorized contracts. All authorizations to contractors shall expressly and specifically reference the restriction regarding contractor use of the items acquired, cited at 951.102(e)(4)(iii).

(c) Consolidated contractor acquisitions. When common information technology requirements in support of DOE programs have been identified and it is anticipated that the consolidation of such requirements will promote cost or other efficiencies, the Designated Senior Official for Information Management may authorize an M&O contractor to acquire information technology for use by the following—

(1) One or more other contractor(s) performing on-site at the same DOE-owned or -leased facility as the M&O contractor; or

(2) Other M&O contractors.