DOE O 484.1, Reimbursable Work for the Department of Homeland Security

AVAILABLE ONLINE AT: INITIATIED BY: www.directives.doe.gov Office of Management U.S. Department of Energy ORDER Washington, D.C. 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. DOE O 484.1 2 DOE O 484.1 8-17-06 (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. DOE O 484.1 3 8-17-06 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 national 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. 4 DOE O 484.1 8-17-06 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 DOE O 484.1 5 8-17-06 (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). 6 DOE O 484.1 8-17-06 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. DOE O 484.1 7 8-17-06 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)]. 8 DOE O 484.1 8-17-06 (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. DOE O 484.1 9 8-17-06 (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. 10 DOE O 484.1 8-17-06 (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. DOE O 484.1 11 8-17-06 (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. 12 DOE O 484.1 8-17-06 (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. DOE O 484.1 13 8-17-06 (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. 14 DOE O 484.1 8-17-06 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. DOE O 484.1 15 8-17-06 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.

16 DOE O 484.1 8-17-06 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. DOE O 484.1 17 (and 18) 8-17-06 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 O 484.1 Attachment 1 8-17-06 Page 1 (and Page 2) 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 DOE O 484.1 Attachment 2 8-17-06 Page 1 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. Attachment 2 DOE O 484.1 Page 2 8-17-06 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. DOE O 484.1 Attachment 3 8-17-06 Page 1 Attachment 3 DOE O 484.1 Page 2 8-17-06

DOE O 484.1 Attachment 3 8-17-06 Page 3 Attachment 3 DOE O 484.1 Page 4 8-17-06 DOE O 484.1 Attachment 3, Appendix A 8-17-06 Page A-1 Attachment 3, Appendix A DOE O 484.1 Page A-2 8-17-06 DOE O 484.1 Attachment 3, Appendix A 8-17-06 Page A-3 Attachment 3, Appendix A DOE O 484.1 Page A-4 8-17-06 DOE O 484.1 Attachment 4 8-17-06 Page 1 (and Page 2) 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 activities 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, DOE 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 anticipates that such activities will support the missions of DHS and will be consistent with appropriations acts that provide its funds.”