48 CFR §970.1504-107
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
- (a)There are five classification factors. They are tied to facility/task categories. Step 4 in calculating the maximum total available fee amount for the one-year period (see 970.1504-104(b)(4)) is to multiply the fee subtotal in step 3 for each type of effort by the appropriate classification factor. The classification factors and their corresponding facility/task categories are:
- (b)The Contracting Officer shall select the Facility/Task Category after considering the following:
- (1)Facility/Task Category A. The main focus of effort performed is related to—
- (i)The manufacture, assembly, retrieval, disassembly, or disposal of nuclear weapons with explosive potential;
- (ii)The physical cleanup, processing, handling, or storage of nuclear radioactive or toxic chemicals with consideration given to the degree the nature of the work advances state-of-the-art technologies in cleanup, processing or storage operations and/or the inherent difficulty or risk of the work is significantly demanding when compared to similar industrial/DOE settings (i.e., nuclear energy processing, industrial environmental cleanup);
- (iii)Construction of facilities such as nuclear reactors, atomic particle accelerators, or complex laboratories or industrial units especially designed for handling radioactive materials;
- (iv)R&D directly supporting paragraph (b)(1)(i), (ii), or (iii) of this subsection and not conducted in a DOE laboratory; or
- (v)As designated by the SPE, or designee. (Classification factor 3.0)
- (2)Facility/Task Category B. The main focus of effort performed is related to—
- (i)The safeguarding and maintenance of nuclear weapons or nuclear material;
- (ii)The manufacture or assembly of nuclear components;
- (iii)The physical cleanup, processing, handling, or storage of nuclear radioactive or toxic chemicals or other substances that pose a significant threat to the environment or the health and safety of workers or the public, if the nature of the work uses state-of-the-art technologies or applications in such operations and/or the inherent difficulty or risk of the work is more demanding than that found in similar industrial/DOE settings (i.e., nuclear energy, chemical or petroleum processing, industrial environmental cleanup);
- (iv)The detailed planning necessary for the assembly/disassembly of nuclear weapons/components;
- (v)Construction of facilities involving operations requiring a high degree of design layout or process control;
- (vi)R&D directly supporting paragraph (b)(2)(i), (ii), (iii), (iv), or (v) of this subsection and not conducted in a DOE laboratory; or
- (vii)As designated by the SPE or designee. (Classification factor 2.5)
- (3)Facility/Task Category C. The main focus of effort performed is related to—
- (i)The physical cleanup, processing, or storage of nuclear radioactive or toxic chemicals if the nature of the work uses routine technologies in cleanup, processing or storage operations and/or the inherent difficulty or risk of the work is similar to that found in similar industrial/DOE settings (i.e., nuclear energy, chemical processing, industrial environmental cleanup);
- (ii)Plant and facility maintenance;
- (iii)Plant and facility security (other than the safeguarding of nuclear weapons and material);
- (iv)Construction of facilities involving operations requiring normal processes and operations; general or administrative service buildings; or routine infrastructure requirements;
- (v)R&D directly supporting paragraph (b)(3)(i), (ii), (iii), or (iv) of this subsection and not conducted in a DOE laboratory; or
- (vi)As designated by the SPE or designee. (Classification factor 2.0)
- (4)Facility/Task Category D. The main focus of the effort performed is R&D conducted at a DOE laboratory. (Classification factor 1.5)
- (5)Facility/Task Category E. Efforts performed using a fixed fee. (Classification factor 1.0)
- (1)Facility/Task Category A. The main focus of effort performed is related to—
- (c)Where the SPE or designee has approved a base fee, the Classification Factors shall be reduced, as approved by the SPE or designee.
- (d)Any risks that are indemnified by the Government (for example, risks under the Price-Anderson Act) will not be considered as risks to the contractor.