41 C.F.R. Subpart 109–50.4—Programmatic Disposal to Contractors of DOE Property in a Mixed Facility
Title 41 - Public Contracts and Property Management
This subpart contains policy to be followed when it is proposed to sell or otherwise transfer DOE personal property located in a mixed facility to the contractor who is the operator of that facility. As used in this subpart, the following definitions apply; Contractor means the operator of the mixed facility. DOE property means DOE-owned personal property located in a mixed facility. Mixed facility means a partly DOE-owned and partly contractor-owned facility. For purposes of this subpart, however, this definition does not apply to such a facility operated by an educational or other nonprofit institution under a basic research contract with DOE. Proposals involving programmatic disposals of DOE personal property located in mixed facilities to contractors operating that facility shall be forwarded through the appropriate program organization to the DPMO, for review and processing for approval. Each such request shall include all information necessary for a proper evaluation of the proposal. The proposal shall include, as a minimum: (a) The purpose of the mixed facility; (b) The description, condition, acquisition cost, and present use of the DOE personal property involved. (c) The programmatic benefits which could accrue to DOE from the disposal to the contractor (including the considerations which become important if the disposal is not made); (d) The appraised value of the DOE personal property (preferably by independent appraisers); and (e) The proposed terms and conditions of disposal including: (1) Price; (2) Priority to be given work for DOE requiring the use of the transferred property, and including the basis for any proposed charge to DOE for amortizing the cost of plant and equipment items; (3) Recapture of the property if DOE foresees a possible future urgent need; and (4) Delivery of the property, whether “as is-where is,” etc. When approval for a proposed programmatic disposal of DOE personal property in a mixed facility is being sought, it must be established that the disposal will benefit a DOE program. For example, approval might be contingent on showing that: (a) The entry of the contractor as a private concern into the energy program is important and significant from a programmatic standpoint; and (b) The sale of property to the contractor will remove obstacles which otherwise discourage entry into the field.
Title 41: Public Contracts and Property Management
PART 109–50—SPECIAL DOE DISPOSAL AUTHORITIES
Subpart 109–50.4—Programmatic Disposal to Contractors of DOE Property in a Mixed Facility
§ 109-50.400 Scope of subpart.
§ 109-50.401 Definitions.
§ 109-50.402 Submission of proposals.
§ 109-50.403 Need to establish DOE program benefit.
