DOE N 481.1, Reimbursable Work for Department of Homeland Security

DISTRIBUTION: INITIATED BY: All Department Elements Office of Management, Budget and Evaluation/CFO U.S. Department of Energy NOTICE Washington, D.C. Approved: 2-28-03 Expires: 2-28-04 SUBJECT: REIMBURSABLE WORK FOR DEPARTMENT OF HOMELAND SECURITY 1. OBJECTIVE. To authorize a modified process for the acceptance, performance, and administration of work from the Department of Homeland Security (DHS) by Department of Energy (DOE) contractor and federally operated laboratories, sites, and other facilities. 2. CANCELLATIONS. None. 3. APPLICABILITY. a. DOE Elements. This Notice applies to all DOE elements listed in Attachment 1, including the National Nuclear Security Administration (NNSA). b. Site/Facility Management Contracts. (1) The Contractor Requirements Document (CRD), Attachment 2, sets forth requirements of this Notice that, on an interim basis, will apply to site/facility management contracts that include the CRD. (2) This Notice does not automatically apply to other than site/facility management contracts. Any application of any requirements of this Notice to other than site/facility management contracts will be communicated separately from this Notice. (3) Contracting officers are responsible for incorporating the CRD into site/facility management contracts via the Laws, Regulations, and DOE Directives clause of the contracts. (4) As the Laws, Regulations, and DOE Directives clause of site/facility management contracts states, regardless of the performer of the work, a site/facility management contractor with the CRD incorporated into its contract is responsible for compliance with the requirements of the CRD. c. Exclusions. None. 4. BACKGROUND. DOE O 481.1B, Work for Others (Non-Department of Energy Funded Work), dated 9-28-01, sets forth the objectives, applicability, requirements, and responsibilities for DOE Federal employees and DOE contractor personnel performing work and/or using DOE facilities to perform work that has not been directly funded by DOE N 481.1 CANCELE D 2 DOE N 481.1 2-28-03 DOE appropriations for non-DOE entities. Among other things, the Order requires certain determinations be made consistent with the requirements of the Economy Act of 1932, as amended (31 U.S.C. 1535), and the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et seq.), and their implementing regulations. The Order also provides requirements for the reimbursement of costs and payment of other charges. The Homeland Security Act of 2002 (Act) authorizes DHS to access the capabilities of DOE’s laboratories and other sites to further DHS mission objectives. In order to ensure the availability of DOE capabilities under the existing site contracts on March 1, 2003, the Secretary of Energy and the Secretary of Homeland Security entered into a Memorandum of Agreement (MOA), dated February 28, 2003. This MOA, among other things, implements provisions of the Act specifying that, notwithstanding any other law governing the administration, mission, use or operation of any DOE national laboratories or sites, DOE may accept and perform work for DHS at those laboratories and sites, consistent with the resources provided, and perform the work on an equal basis with other missions at the site and not on a non-interference basis with other missions of the site. The Act further provides that DHS will reimburse DOE for the work performed through a method under which DOE waives any requirement for DHS to pay administrative charges or personnel costs of DOE or its contractors in excess of the amount that DOE pays for work performed by its contractors. Lastly, under the Act, DHS funds are not to be expended for laboratory directed research and development unless such activities support the missions of DHS.

5. REQUIREMENTS. Work for DHS shall be accepted, performed, and administered in accordance with the terms of the attached MOA. The Office of Management, Budget and Evaluation, in coordination with the Office of General Counsel and the National Nuclear Security Administration, are in the process of developing additional information and direction to cognizant DOE contracting officers and other affected Federal and contractor personnel identifying the processes and requirements to ensure the efficient implementation of the MOA. 6. CONTACT. For additional information, contact Mary H. Egger, Office of General Counsel, at (202) 586-5246 BY ORDER OF THE SECRETARY OF ENERGY: KYLE E. McSLARROW Deputy Secretary CANCELE D DOE N 481.1 Attachment 1 2-28-03 Page 1 DOE ORGANIZATIONS TO WHICH DOE N 481.1 IS APPLICABLE 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 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 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 CANCELE D Attachment 1 DOE N 481.1 Page 2 2-28-03 Bonneville Power Administration Southeastern Power Administration Southwestern Power Administration Western Area Power Administration CANCELE D DOE N 481.1 Attachment 2 2-28-03 Page 1 CONTRACTOR REQUIREMENTS DOCUMENT DOE N 481.1, Reimbursable Work for Department of Homeland Security This Contractor Requirements Document (CRD) establishes the requirements for Department of Energy (DOE) contractors, including National Nuclear Security Administration contractors, performing work and/or using DOE facilities to perform work not directly funded by DOE appropriations for the Department of Homeland Security (DHS). Contractors must comply with the requirements listed in the CRD to the extent set forth in their contracts. Regardless of the performer of the work, contractors with the CRD incorporated into their contracts are responsible for compliance with the requirements of the CRD. DOE contractors with the CRD incorporated into their contracts must comply with the requirements of DOE N 481.1, Reimbursable Work for Department of Homeland Security, dated 2-28-03, including its attached Memorandum of Agreement (Attachment 3), and otherwise applicable rules, regulations, and directives. Further, the contractor must perform work for DHS according to any additional processes and/or requirements developed by DOE and conveyed to the contractor regarding performance of work for DHS. CANCELE D CANCELE D CANCELE D CANCELE D CANCELE D CANCELE D CANCELE D CANCELE D CANCELE D 1. Objective 2. Cancellations 3. Applicability 4. Background 5. Requirements 6. Contact Information Attachment 1 - DOE Organizations to which this directive is applicable Attachment 2 - Contractor Requirements Document Memorandum of Agreement Between Department of Energy and Department of Homeland Security