Attachment J.7 - Appendix G


Purchasing System Requirements



This Appendix and Clause I.114, “Contractor Purchasing System,” sets forth DOE requirements applicable to the Purchasing System established under the Contract for the management of Fermi National Accelerator Laboratory.


Subcontracts Not Binding on DOE


As used herein, the term “subcontracts” includes subcontracts, purchase orders, letter agreements, basic ordering agreements, consultant agreements, micro-purchases, EDI and FACNET transactions, and lower tier subcontracts under cost-type subcontracts (in an unbroken cost-type chain) that represent costs properly chargeable to the Prime Contract.


All applicable subcontracts shall be made in the name of Universities Research Association, Inc., shall not bind or purport to bind the Government, shall not relieve the Contractor of any obligation under the Prime Contract (including, among other things, the obligation to properly supervise and coordinate the work of subcontractors), and shall contain such provisions as are required by this Contract or as DOE may prescribe based on Federal statutes and regulations, or DOE Orders and Policies.


DOE Approval


Prior DOE written approval is required for the following actions:


1.         Laboratory award of any subcontract having a value of $1,000,000.00 or greater, or any subcontract modification which will cause the value to exceed $1,000,000.00;


2.         Except as otherwise expressly provided or directed, in writing, by DOE Patent Counsel with notification to the Contracting Officer, actions which involve any one of, or combination of, the following intellectual property matters:


            a.         Acquisition of software by negotiated lease or license;


            b.         Purchase of patents or patent license rights, including the payment of royalties and permits, or license fees;


c.                  Recognition of proprietary rights, including the recognition of technical data as trade secrets; or,


            d.         Any restriction of DOE’s use of data procured under a subcontract.


3.         Inter-Contractor Purchases (ICP’s) expected to exceed $1,000,000.00.


Laboratory Procurement Policies and Procedures


All additions to, modifications or deletions of, Laboratory Procurement Policies and Procedures shall be submitted to DOE for approval prior to implementation.