Regulatory Resource Center

XBD200303-00203-031.TIFThe Procurement department is responsible for acquiring goods and services  necessary for the Laboratory to fulfill its scientific mission. In particular, the Laboratory is responsible for ensuring that:

  • Acquisitions are competed, to the maximum extent possible, consistent with the Laboratory’s mission objectives and the nature of the goods and services to be acquired
  • All suppliers are treated fairly and impartially
  • Small business concerns are provided a maximum practicable opportunity to compete for the Laboratory’s acquisitions
  • Costs paid by the Laboratory are fair, reasonable and appropriate for expenditure of government funds

Procurement operates under established policies and procedures described in Berkeley Lab’s Procurement Standard Practices (SPs) Manual. The authority to make procurement commitments has been delegated specifically to individuals assigned to the Office of the Chief Financial Officer’s (OCFO) Procurement & Property Department. Only these formally designated individuals may commit the Laboratory to the expenditure of funds.

In addition to the above, all procurement actions must comply with applicable laws and regulations and the UC-DOE Prime Contract requirements. Below is a listing of common regulations that apply to acquisitions and which must be adhered to when purchasing goods and services from outside suppliers. Any acquisition questions on these and other regulations should be referred to the Procurement Specialist assigned to your order, who will assist in preparing the required approvals and subcontract documents to comply with the regulatory requirement.

Regulatory Requirements

Construction Wage Rate Requirements (Formerly the Davis Bacon Act): Construction, Alteration or Repair Services Over $2,000

The Construction Wage Rate Requirements (CWRR) requires all suppliers and second-tier suppliers performing construction, alterations and repair to Laboratory property in excess of $2,000 to pay their employees no less than the prevailing wage and benefits for the locality. If the CWRR applies to your purchase, the Procurement Specialist will include provisions in the subcontract  accordingly.

Service Contract Labor Standards (Formerly the Service Contract Act): Purchase of services over $2,500

Under the Service Contract Labor Standards (SCLS), suppliers providing services on subcontracts over $2,500 (as applicable) are required to pay their service employees no less than the prevailing wage for that locality. If the SCLS applies to your purchase, the Procurement Specialist will include provisions in the subcontract  accordingly.

Buy American Act: Goods and Construction Material over $10,000

The Laboratory complies with the Buy American Act (BAA), which requires the purchase of domestic goods and construction materials in the United States whenever possible. If the BAA applies to your purchase, the Procurement Specialist will include provisions in the subcontract. This also includes giving preference to domestic construction material to be used in Laboratory construction projects.

E-Verify: Purchase of Services over $3,500

The Laboratory is required to comply with U.S. laws requiring companies to employ only individuals who may legally work in the United States: either U.S. citizens or foreign citizens who have the necessary authorization. If E-Verify applies to your purchase, the Procurement Specialist will include the applicable provisions in the contract and ensure that the E-Verify requirements are adhered to by the supplier.

Debarment: Any Purchase over $35,000

The Laboratory is not permitted to do business with a supplier that has been debarred, suspended or proposed for debarment, unless approved by DOE.

Representations and Certifications: Purchases over $150,000

We require our suppliers to certify a variety of statements ranging from small business size certification to environmental certification.

Personal Conflict of Interest

Personal Conflict of Interest includes any situation where an employee has a private or financial interest with respect to an outside commercial entity with which the Laboratory has a subcontract, or in cases where the supplier is a former University employee (exceptions apply). Employees are generally prohibited from making or participating in the making of decisions relating to award, negotiation or administration of a subcontract if the employee has a financial interest in the entity. A potential conflict of interest would exist in the event subcontracts are awarded to any supplier with an employee-vendor relationship listed on the Laboratory’s Employee-Vendor List. These situations require internal approval before the subcontract can be awarded. Your Procurement Specialist can assist with this process.

Organizational Conflict of Interest

Organizational Conflicts of Interest (OCI) include the inability or potential inability of a supplier—because of previous, present, planned or potential financial, contractual, organizational or other interests of the supplier which relate to the work performed for the Laboratory—to render impartial assistance or advice to the Laboratory, remain objective when performing work for the Laboratory, and/or maintain a fair competitive relationship with other suppliers as a result of performing work for the Laboratory. Procurements that have OCI potential are consultant and personal services agreements and other work that involves technical assistance and advisory services.

Subcontractor Job Hazards Analysis

All suppliers who perform hands-on work onsite at LBNL or at a designated offsite location must receive appropriate training necessary to protect their health and perform the work in a safe and environmentally sound manner. A Subcontractor Job Hazards Analysis (sJHA) must be completed by the supplier before work is performed. Refer to the Laboratory’s sJHA site for information on how to get this started. The sJHA Hazards Profile and a Work Authorization (WA) must be completed before the work can begin. The WA details the scope of the work to be performed, the duration of the work, hazards associated with the tasks, and controls in place to mitigate those hazards.  Both the supplier’s employee performing the work and the LBNL Work Lead will sign off on the WA.