Defense Federal Acquisition Regulation Supplement; Environment, Occupational Safety, and Drug-Free Workplace, 19039-19041 [05-7093]

Download as PDF Federal Register / Vol. 70, No. 69 / Tuesday, April 12, 2005 / Proposed Rules 226.370 Contracting with historically black colleges and universities and minority institutions. 226.370–1 General. This section implements the historically black college and university (HBCU) and minority institution (MI) provisions of 10 U.S.C. 2323. 226.370–2 Definitions. Definitions of HBCUs and MIs are in the clause at 252.226–7000, Notice of Historically Black College or University and Minority Institution Set-Aside. 226.370–3 Policy. DoD will use outreach efforts, technical assistance programs, advance payments, HBCU/MI set-asides, and evaluation preferences to meet its contract and subcontract goals for use of HBCUs and MIs. 226.370–4 Set-aside criteria. Set aside acquisitions for exclusive HBCU and MI participation when the acquisition is for research, studies, or services of the type normally acquired from higher educational institutions and there is a reasonable expectation that— (a) Offers will be submitted by at least two responsible HBCUs or MIs that can comply with the subcontracting limitations in the clause at FAR 52.219– 14, Limitations on Subcontracting; (b) Award will be made at not more than 10 percent above fair market price; and (c) Scientific or technological talent consistent with the demands of the acquisition will be offered. 226.370–5 Set-aside procedures. (a) As a general rule, use competitive negotiation for HBCU/MI set-asides. (b) When using a broad agency announcement (FAR 35.016) for basic or applied research, make partial set-asides for HBCU/MIs as explained in 235.016. (c) Follow the special synopsis instructions in 205.207(d). Interested HBCU/MIs must provide evidence of their capability to perform the contract, and a positive statement of their eligibility, within 15 days of publication of the synopsis in order for the acquisition to proceed as an HBCU/MI set-aside. (d) Cancel the set-aside if the low responsible offer exceeds the fair market price (defined in FAR Part 19) by more than 10 percent. 226.370–6 Eligibility for award. (a) To be eligible for award as an HBCU or MI under the preference procedures of this subpart, an offeror must— (1) Be an HBCU or MI, as defined in the clause at 252.226–7000, Notice of VerDate jul<14>2003 16:24 Apr 11, 2005 Jkt 205001 Historically Black College or University and Minority Institution Set-Aside, at the time of submission of its initial offer including price; and (2) Provide the contracting officer with evidence of its HBCU or MI status upon request. (b) The contracting officer shall accept an offeror’s HBCU or MI status under the provision at FAR 52.226–2, Historically Black College or University and Minority Institution Representation, unless— (1) Another offeror challenges the status; or (2) The contracting officer has reason to question the offeror’s HBCU/MI status. (A list of HBCU/MIs is published periodically by the Department of Education.) 226.370–7 Protesting a representation. Any offeror or other interested party may challenge an offeror’s HBCU or MI representation by filing a protest with the contracting officer. The protest must contain specific detailed evidence supporting the basis for the challenge. Such protests are handled in accordance with FAR 33.103 and are decided by the contracting officer. 226.370–8 Goals and incentives for subcontracting with HBCU/MIs. (a) In reviewing subcontracting plans submitted under the clause at FAR 52.219–9, Small Business Subcontracting Plan, the contracting officer shall— (1) Ensure that the contractor included anticipated awards to HBCU/ MIs in the small disadvantaged business goal; and (2) Consider whether subcontracts are contemplated that involve research or studies of the type normally performed by higher educational institutions. (b) The contracting officer may, when contracting by negotiation, use in solicitations and contracts a clause similar to the clause at FAR 52.219–10, Incentive Subcontracting Program, when a subcontracting plan is required and inclusion of a monetary incentive is, in the judgment of the contracting officer, necessary to increase subcontracting opportunities for HBCU/ MIs. The clause should include a separate goal for HBCU/MIs. 226.370–9 Solicitation provision and contract clause. (a) Use the clause at 252.226–7000, Notice of Historically Black College or University and Minority Institution SetAside, in solicitations and contracts set aside for HBCU/MIs. (b) Use the provision at FAR 52.226– 2, Historically Black College or PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 19039 University and Minority Institution Representation, in solicitations set aside for HBCU/MIs. Subpart 226.70—[Removed and Reserved] 5. Subpart 226.70 is removed and reserved. Subpart 226.72—[Removed] 6. Subpart 226.72 is removed. PART 252—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 252.226–7000 [Amended] 7. Section 252.226–7000 is amended in the introductory text by removing ‘‘226.7008’’ and adding in its place ‘‘226.370–9’’. [FR Doc. 05–7092 Filed 4–11–05; 8:45 am] BILLING CODE 5001–08–P DEPARTMENT OF DEFENSE 48 CFR Parts 211, 223, and 252 [DFARS Case 2003–D039] Defense Federal Acquisition Regulation Supplement; Environment, Occupational Safety, and Drug-Free Workplace Department of Defense (DoD). Proposed rule with request for comments. AGENCY: ACTION: SUMMARY: DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to update text pertaining to the environment, occupational safety, and a drug-free workplace. This proposed rule is a result of a transformation initiative undertaken by DoD to dramatically change the purpose and content of the DFARS. DATES: Comments on the proposed rule should be submitted in writing to the address shown below on or before June 13, 2005, to be considered in the formation of the final rule. ADDRESSES: You may submit comments, identified by DFARS Case 2003-D039, using any of the following methods: Æ Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. Æ Defense Acquisition Regulations Web site: https://emissary.acq.osd.mil/ dar/dfars.nsf/pubcomm. Follow the instructions for submitting comments. Æ E-mail: dfars@osd.mil. Include DFARS Case 2003–D039 in the subject line of the message. Æ Fax: (703) 602–0350. E:\FR\FM\12APP1.SGM 12APP1 19040 Federal Register / Vol. 70, No. 69 / Tuesday, April 12, 2005 / Proposed Rules Æ Mail: Defense Acquisition Regulations Council, Attn: Mr. Bill Sain, OUSD (AT&L) DPAP (DAR), IMD 3C132, 3062 Defense Pentagon, Washington, DC 20301–3062. Æ Hand Delivery/Courier: Defense Acquisition Regulations Council, Crystal Square 4, Suite 200A, 241 18th Street, Arlington, VA 22202–3402. All comments received will be posted to https://emissary.acq.osd.mil/dar/ dfars.nsf. FOR FURTHER INFORMATION CONTACT: Mr. Bill Sain, (703) 602–4245. SUPPLEMENTARY INFORMATION: A. Background DFARS Transformation is a major DoD initiative to dramatically change the purpose and content of the DFARS. The objective is to improve the efficiency and effectiveness of the acquisition process, while allowing the acquisition workforce the flexibility to innovate. The transformed DFARS will contain only requirements of law, DoDwide policies, delegations of FAR authorities, deviations from FAR requirements, and policies/procedures that have a significant effect beyond the internal operating procedures of DoD or a significant cost or administrative impact on contractors or offerors. Additional information on the DFARS Transformation initiative is available at https://www.acq.osd.mil/dp/dars/ transf.htm. This proposed rule is a result of the DFARS Transformation Initiative. The proposed changes include— Æ Deletion of redundant or unncessary text at DFARS 223.300, 223.302, 223.370–3(a), 223.570–1, and 223.570–3. Æ Deletion of text at DFARS 223.370– 4 and 223.405 containing internal DoD procedures relating to safety precautions for ammunitions and explosives and use of recovered materials. This text will be relocated to the new DFARS companion resource, Procedures, Guidance, and Information (PGI), available at https:// www.acq.osd.mil/dpap/dars/pgi. Æ Relocation of text on ozonedepleting substances, from DFARS Subpart 211.2 to Subpart 223.8, with retention of a cross-reference in Subpart 211.2. This rule was not subject to Office of Management and Budget review under Executive Order 12866, dated September 30, 1993. Flexibility Act, 5 U.S.C. 601, et seq., because the rule removes DFARS text that is unnecessary or internal to DoD, but makes no significant change to DoD contracting policy. Therefore, DoD has not performed an initial regulatory flexibility analysis. DoD invites comments from small businesses and other interested parties. DoD also will consider comments from small entities concerning the affected DFARS subparts in accordance with 5 U.S.C. 610. Such comments should be submitted separately and should cite DFARS Case 2003–D039. C. Paperwork Reduction Act The Paperwork Reduction Act does not apply because the rule does not impose any information collection requirements that require the approval of the Office of Management and Budget under 44 U.S.C. 3501, et seq. 223.405 Procedures. Follow the procedures at PGI 223.405. 223.570–1 223.803 PART 223—ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE ENERGY TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE 3. The heading of Part 223 is revised to read as set forth above. 223.300 [Removed] 4. Section 223.300 is removed. 5. Section 223.302 is revised to read as follows: (e) The contracting officer shall also provide hazard warning labels, that are received from apparent successful offerors, to the cognizant safety officer. PO 00000 Policy. Frm 00029 Fmt 4702 Sfmt 4702 [Removed] 11. Section 223.570–3 is removed. Authority: 41 U.S.C. 421 and 48 CFR Chapter 1. See Subpart 223.8 for restrictions on contracting for ozone-depleting substances. [Redesignated as 223.570–1] 10. Section 223.570–2 is redesignated as section 223.570–1. 223.570–4 211.271 Elimination of use of class I ozone-depleting substances. [Removed] 9. Section 223.570–1 is removed. Therefore, DoD proposes to amend 48 CFR Parts 211, 223, and 252 as follows: 1. The authority citation for 48 CFR Parts 211, 223, and 252 continues to read as follows: 2. Section 211.271 is revised to read as follows: Procedures. Follow the procedures at PGI 223.370–4. 8. Section 223.405 is revised to read as follows: 223.570–3 223.302 Jkt 205001 223.370–4 Michele P. Peterson, Editor, Defense Acquisition Regulations System. PART 211—DESCRIBING AGENCY NEEDS Policy. (a) DoD policy is to ensure that its contractors take reasonable precautions in handling ammunition and explosives so as to minimize the potential for mishaps. * * * * * 7. Section 223.370–4 is revised to read as follows: 223.570–2 DoD does not expect this rule to have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory 16:24 Apr 11, 2005 223.370–3 List of Subjects in 48 CFR Parts 211, 223, and 252 Government procurement. B. Regulatory Flexibility Act VerDate jul<14>2003 6. Section 223.370–3 is amended by revising paragraph (a) to read as follows: [Redesignated as 223.570–2] 12. Section 223.570–4 is redesignated as section 223.570–2. 13. Section 223.803 is revised to read as follows: Policy. (1) Contracts. No DoD contract may include a specification or standard that requires the use of a class I ozonedepleting substance or that can be met only through the use of such a substance unless the inclusion of the specification or standard is specifically authorized at a level no lower than a general or flag officer or a member of the Senior Executive Service of the requiring activity in accordance with Section 326, Public Law 102–484 (10 U.S.C. 2301 (repealed) note). This restriction is in addition to any imposed by the Clean Air Act and applies after June 1, 1993, to all DoD contracts, regardless of place of performance. (2) Modifications. (i) Contracts awarded before June 1, 1993, with a value in excess of $10 million, that are modified or extended (including option exercise) and, as a result of the modification or extension, will expire more than one year after the effective date of the modification or extension, must be evaluated in accordance with agency procedures for the elimination of ozone-depleting substances. (A) The evaluation must be carried out within 60 days after the first modification or extension. E:\FR\FM\12APP1.SGM 12APP1 Federal Register / Vol. 70, No. 69 / Tuesday, April 12, 2005 / Proposed Rules (B) No further modification or extension may be made to the contract until the evaluation is complete. (ii) If, as a result of this evaluation, it is determined that an economically feasible substitute substance or alternative technology is available, the contracting officer shall modify the contract to require the use of the substitute substance or alternative technology. (iii) If a substitute substance or alternative technology is not available, a written determination shall be made to that effect at a level no lower than a general or flag officer or a member of the Senior Executive Service of the requiring activity. PART 252—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 252.223–7004 FOR FURTHER INFORMATION CONTACT: [Amended] [FR Doc. 05–7093 Filed 4–11–05; 8:45 am] BILLING CODE 5001–08–P DEPARTMENT OF DEFENSE 48 CFR Part 213 [DFARS Case 2003–D059] Defense Federal Acquisition Regulation Supplement; Use of the Governmentwide Commercial Purchase Card for Micro-Purchases Department of Defense (DoD). Proposed rule with request for comments. AGENCY: ACTION: SUMMARY: DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to update requirements for use of the Governmentwide commercial purchase card for actions at or below the micropurchase threshold. This proposed rule is a result of a transformation initiative undertaken by DoD to dramatically change the purpose and content of the DFARS. DATES: Comments on the proposed rule should be submitted in writing to the address shown below on or before June 13, 2005, to be considered in the formation of the final rule. ADDRESSES: You may submit comments, identified by DFARS Case 2003–D059, using any of the following methods: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. 16:24 Apr 11, 2005 Jkt 205001 Ms. Robin Schulze, (703) 602–0326. SUPPLEMENTARY INFORMATION: 14. Section 252.223–7004 is amended in the introductory text by removing ‘‘223.570–4’’ and adding in its place ‘‘223.570–2’’. VerDate jul<14>2003 • Defense Acquisition Regulations Web site: https://emissary.acq.osd.mil/ dar/dfars.nsf/pubcomm. Follow the instructions for submitting comments. • E-mail: dfars@osd.mil. Include DFARS Case 2003–D059 in the subject line of the message. • Fax: (703) 602–0350. • Mail: Defense Acquisition Regulations Council, Attn: Ms. Robin Schulze, OUSD(AT&L)DPAP(DAR), IMD 3C132, 3062 Defense Pentagon, Washington, DC 20301–3062. • Hand Delivery/Courier: Defense Acquisition Regulations Council, Crystal Square 4, Suite 200A, 241 18th Street, Arlington, VA 22202–3402. All comments received will be posted to https://emissary.acq.osd.mil/dar/ dfars.nsf. A. Background DFARS Transformation is a major DoD initiative to dramatically change the purpose and content of the DFARS. The objective is to improve the efficiency and effectiveness of the acquisition process, while allowing the acquisition workforce the flexibility to innovate. The transformed DFARS will contain only requirements of law, DoDwide policies, delegations of FAR authorities, deviations from FAR requirements, and policies/procedures that have a significant effect beyond the internal operating procedures of DoD or a significant cost or administrative impact on contractors or offerors. Additional information on the DFARS Transformation initiative is available at https://www.acq.osd.mil/dpap/dfars/ transf.htm. This proposed rule is a result of the DFARS Transformation initiative. The proposed rule amends DoD policy for use of the Governmentwide commercial purchase card for actions at or below the micro-purchase threshold to— » Lower the approval level for exceptions to the policy, from a general or flag officer or a member of the Senior Executive Service, to the chief of the contracting office; and » Add a new blanket exception to the policy that applies if an authorized official renders the agency’s or activity’s purchase card program inactive. This rule was not subject to Office of Management and Budget review under Executive Order 12866, dated September 30, 1993. B. Regulatory Flexibility Act DoD does not expect this rule to have a significant economic impact on a PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 19041 substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because the rule pertains only to internal DoD review and approval requirements for exceptions to DoD policy for use of the Governmentwide commercial purchase card. Therefore, DoD has not performed an initial regulatory flexibility analysis. DoD invites comments from small businesses and other interested parties. DoD also will consider comments from small entities concerning the affected DFARS subpart in accordance with 5 U.S.C. 610. Such comments should be submitted separately and should cite DFARS Case 2003–D059. C. Paperwork Reduction Act The Paperwork Reduction Act does not apply because the rule does not impose any information collection requirements that require the approval of the Office of Management and Budget under 44 U.S.C. 3501, et seq. List of Subjects in 48 CFR Part 213 Government procurement. Michele P. Peterson, Editor, Defense Acquisition Regulations System. Therefore, DoD proposes to amend 48 CFR Part 213 as follows: 1. The authority citation for 48 CFR Part 213 continues to read as follows: Authority: 41 U.S.C. 421 and 48 CFR Chapter 1. PART 213—SIMPLIFIED ACQUISITION PROCEDURES 2. Section 213.270 is amended as follows: a. By revising paragraph (b); b. By redesignating paragraph (c) as paragraph (d); and c. By adding a new paragraph (c) to read as follows: 213.270 Use of the Governmentwide commercial purchase card. * * * * * (b)(1) The chief of the contracting office of the cardholder activity makes a written determination that— (i) The source or sources available for the supply or service do not accept the purchase card; and (ii) The contracting office is seeking a source that accepts the purchase card. (2) To prevent mission delays, if an activity does not have a resident chief of the contracting office, delegation of this authority to the level of the senior local commander or director is permitted; E:\FR\FM\12APP1.SGM 12APP1

Agencies

[Federal Register Volume 70, Number 69 (Tuesday, April 12, 2005)]
[Proposed Rules]
[Pages 19039-19041]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-7093]


-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

48 CFR Parts 211, 223, and 252

[DFARS Case 2003-D039]


Defense Federal Acquisition Regulation Supplement; Environment, 
Occupational Safety, and Drug-Free Workplace

AGENCY: Department of Defense (DoD).

ACTION: Proposed rule with request for comments.

-----------------------------------------------------------------------

SUMMARY: DoD is proposing to amend the Defense Federal Acquisition 
Regulation Supplement (DFARS) to update text pertaining to the 
environment, occupational safety, and a drug-free workplace. This 
proposed rule is a result of a transformation initiative undertaken by 
DoD to dramatically change the purpose and content of the DFARS.

DATES: Comments on the proposed rule should be submitted in writing to 
the address shown below on or before June 13, 2005, to be considered in 
the formation of the final rule.

ADDRESSES: You may submit comments, identified by DFARS Case 2003-D039, 
using any of the following methods:
    [cir] Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
    [cir] Defense Acquisition Regulations Web site: https://
emissary.acq.osd.mil/dar/dfars.nsf/pubcomm. Follow the instructions for 
submitting comments.
    [cir] E-mail: dfars@osd.mil. Include DFARS Case 2003-D039 in the 
subject line of the message.
    [cir] Fax: (703) 602-0350.

[[Page 19040]]

    [cir] Mail: Defense Acquisition Regulations Council, Attn: Mr. Bill 
Sain, OUSD (AT&L) DPAP (DAR), IMD 3C132, 3062 Defense Pentagon, 
Washington, DC 20301-3062.
    [cir] Hand Delivery/Courier: Defense Acquisition Regulations 
Council, Crystal Square 4, Suite 200A, 241 18th Street, Arlington, VA 
22202-3402.
    All comments received will be posted to https://
emissary.acq.osd.mil/dar/dfars.nsf.

FOR FURTHER INFORMATION CONTACT: Mr. Bill Sain, (703) 602-4245.

SUPPLEMENTARY INFORMATION:

A. Background

    DFARS Transformation is a major DoD initiative to dramatically 
change the purpose and content of the DFARS. The objective is to 
improve the efficiency and effectiveness of the acquisition process, 
while allowing the acquisition workforce the flexibility to innovate. 
The transformed DFARS will contain only requirements of law, DoD-wide 
policies, delegations of FAR authorities, deviations from FAR 
requirements, and policies/procedures that have a significant effect 
beyond the internal operating procedures of DoD or a significant cost 
or administrative impact on contractors or offerors. Additional 
information on the DFARS Transformation initiative is available at 
https://www.acq.osd.mil/dp/dars/transf.htm.
    This proposed rule is a result of the DFARS Transformation 
Initiative. The proposed changes include--
    [cir] Deletion of redundant or unncessary text at DFARS 223.300, 
223.302, 223.370-3(a), 223.570-1, and 223.570-3.
    [cir] Deletion of text at DFARS 223.370-4 and 223.405 containing 
internal DoD procedures relating to safety precautions for ammunitions 
and explosives and use of recovered materials. This text will be 
relocated to the new DFARS companion resource, Procedures, Guidance, 
and Information (PGI), available at https://www.acq.osd.mil/dpap/dars/
pgi.
    [cir] Relocation of text on ozone-depleting substances, from DFARS 
Subpart 211.2 to Subpart 223.8, with retention of a cross-reference in 
Subpart 211.2.
    This rule was not subject to Office of Management and Budget review 
under Executive Order 12866, dated September 30, 1993.

B. Regulatory Flexibility Act

    DoD does not expect this rule to have a significant economic impact 
on a substantial number of small entities within the meaning of the 
Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because the rule 
removes DFARS text that is unnecessary or internal to DoD, but makes no 
significant change to DoD contracting policy. Therefore, DoD has not 
performed an initial regulatory flexibility analysis. DoD invites 
comments from small businesses and other interested parties. DoD also 
will consider comments from small entities concerning the affected 
DFARS subparts in accordance with 5 U.S.C. 610. Such comments should be 
submitted separately and should cite DFARS Case 2003-D039.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the rule does 
not impose any information collection requirements that require the 
approval of the Office of Management and Budget under 44 U.S.C. 3501, 
et seq.

List of Subjects in 48 CFR Parts 211, 223, and 252

    Government procurement.

Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
    Therefore, DoD proposes to amend 48 CFR Parts 211, 223, and 252 as 
follows:
    1. The authority citation for 48 CFR Parts 211, 223, and 252 
continues to read as follows:

    Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.

PART 211--DESCRIBING AGENCY NEEDS

    2. Section 211.271 is revised to read as follows:


211.271  Elimination of use of class I ozone-depleting substances.

    See Subpart 223.8 for restrictions on contracting for ozone-
depleting substances.

PART 223--ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE 
ENERGY TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE

    3. The heading of Part 223 is revised to read as set forth above.


223.300  [Removed]

    4. Section 223.300 is removed.
    5. Section 223.302 is revised to read as follows:


223.302  Policy.

    (e) The contracting officer shall also provide hazard warning 
labels, that are received from apparent successful offerors, to the 
cognizant safety officer.
    6. Section 223.370-3 is amended by revising paragraph (a) to read 
as follows:


223.370-3  Policy.

    (a) DoD policy is to ensure that its contractors take reasonable 
precautions in handling ammunition and explosives so as to minimize the 
potential for mishaps.
* * * * *
    7. Section 223.370-4 is revised to read as follows:


223.370-4  Procedures.

    Follow the procedures at PGI 223.370-4.
    8. Section 223.405 is revised to read as follows:


223.405  Procedures.

    Follow the procedures at PGI 223.405.


223.570-1  [Removed]

    9. Section 223.570-1 is removed.


223.570-2  [Redesignated as 223.570-1]

    10. Section 223.570-2 is redesignated as section 223.570-1.


223.570-3  [Removed]

    11. Section 223.570-3 is removed.


223.570-4  [Redesignated as 223.570-2]

    12. Section 223.570-4 is redesignated as section 223.570-2.
    13. Section 223.803 is revised to read as follows:


223.803  Policy.

    (1) Contracts. No DoD contract may include a specification or 
standard that requires the use of a class I ozone-depleting substance 
or that can be met only through the use of such a substance unless the 
inclusion of the specification or standard is specifically authorized 
at a level no lower than a general or flag officer or a member of the 
Senior Executive Service of the requiring activity in accordance with 
Section 326, Public Law 102-484 (10 U.S.C. 2301 (repealed) note). This 
restriction is in addition to any imposed by the Clean Air Act and 
applies after June 1, 1993, to all DoD contracts, regardless of place 
of performance.
    (2) Modifications.
    (i) Contracts awarded before June 1, 1993, with a value in excess 
of $10 million, that are modified or extended (including option 
exercise) and, as a result of the modification or extension, will 
expire more than one year after the effective date of the modification 
or extension, must be evaluated in accordance with agency procedures 
for the elimination of ozone-depleting substances.
    (A) The evaluation must be carried out within 60 days after the 
first modification or extension.

[[Page 19041]]

    (B) No further modification or extension may be made to the 
contract until the evaluation is complete.
    (ii) If, as a result of this evaluation, it is determined that an 
economically feasible substitute substance or alternative technology is 
available, the contracting officer shall modify the contract to require 
the use of the substitute substance or alternative technology.
    (iii) If a substitute substance or alternative technology is not 
available, a written determination shall be made to that effect at a 
level no lower than a general or flag officer or a member of the Senior 
Executive Service of the requiring activity.

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES


252.223-7004  [Amended]

    14. Section 252.223-7004 is amended in the introductory text by 
removing ``223.570-4'' and adding in its place ``223.570-2''.

[FR Doc. 05-7093 Filed 4-11-05; 8:45 am]
BILLING CODE 5001-08-P
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