Department of Energy Acquisition Regulation: Technical Amendment, 36358-36381 [E9-17033]
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Federal Register / Vol. 74, No. 139 / Wednesday, July 22, 2009 / Rules and Regulations
DEPARTMENT OF ENERGY
48 CFR Chapter 9
RIN 1991–AB62
Department of Energy Acquisition
Regulation: Technical Amendment
Department of Energy.
Final rule.
AGENCY:
ACTION:
SUMMARY: The Department of Energy
(DOE) is amending the Department of
Energy Acquisition Regulation (DEAR)
to make technical and administrative
changes to the DEAR, including changes
to conform to the Federal Acquisition
Regulation (FAR), typographical errors,
and correct other minor errors or
omissions. Today’s final rule does not
alter substantive rights or obligations
under current law.
DATES: Effective Date: This rule is
effective August 21, 2009.
FOR FURTHER INFORMATION CONTACT:
Barbara Binney at (202) 287–1340 or by
e-mail at barbara.binney@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
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I. Background
II. Description of the Technical Amendments
III. Procedural Requirements
A. Review Under Executive Order 12866
B. Review Under Executive Order 12988
C. Review Under the Regulatory Flexibility
Act
D. Review Under the Paperwork Reduction
Act
E. Review Under the National
Environmental Policy Act
F. Review Under Executive Order 13132
G. Review Under the Unfunded Mandates
Reform Act of 1995
H. Review Under the Treasury and General
Government Appropriations Act, 1999
I. Review Under Executive Order 13211
J. Review Under the Treasury and General
Government Appropriations Act, 2001
K. Review Under the Small Business
Regulatory Enforcement Fairness Act of
1996
L. Approval by the Office of the Secretary
of Energy
I. Background
The DEAR has typographical errors,
outdated citations, missing words,
acronyms that need to be spelled out,
and other errors of a technical nature.
The objective of today’s rule is to correct
errors and omissions in the existing
DEAR and to conform the DEAR to the
Federal Acquisition Regulation (FAR)
naming and numbering conventions.
None of these changes are substantive or
of a nature to cause any added expense
for DOE or its contractors.
II. Description of the Technical
Amendments
Where appropriate throughout the
DEAR, the authority citations have been
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revised to reflect current statutory
authorities including National Nuclear
Security Administration (NNSA)
authority in 50 U.S.C. 2401, et seq.
Sections have been redesignated to
conform DEAR section numbering with
FAR section numbering.
Cross references in section headings
that appear in the format ‘‘(DOE
coverage * * *)’’ have been removed
because in many instances the
references have become outdated.
References to NNSA positions have
been added in instances where NNSA
may exercise acquisition authority
independent of DOE.
Subpart headings have been added to
maintain consistency with the FAR
subpart headings. These subpart
headings do not contain text and do not
add any substantive changes.
Outdated or incorrect cross references
to DEAR sections and clauses have been
corrected. Where appropriate, outdated
section or clause titles have been
updated. Cross references to superceded
DOE directives have been updated.
Punctuations and capitalizations have
been revised throughout for consistency.
Titles and addresses have been updated.
In certain instances sections of the
DEAR required so many corrections that
we determined that for accuracy and
simplicity it would be better to revise
the entire section. Following are the
detailed editing instructions for
sections: 904.702, 923.7003, 933.103,
942.270–2, 952.216–7, 952.225–70,
970.0404–1, 970.1100–1, 970.5242–1,
and 970.5244–1.
Subpart 904.702(b) is amended to add
the complete clause title for 952.223–71,
‘‘Integration of Environment Safety, and
Health into Work Planning and
Execution,’’ and to delete the reference
to the clause titled ‘‘Nuclear Safety.’’
The reference to 952.223–74, Nuclear
Safety, clause was removed as it no
longer exists.
Section 923.7003(a) is amended after
‘‘appropriate’’ by removing
‘‘environmental safety and health
program management’’ and adding in its
place ‘‘Office of Health, Safety and
Security.’’
Section 923.7003(b) is amended by
adding the clause title Integration of
Environment, Safety, and Health into
Work Planning and Execution after
‘‘952.223–71’’ and changing
punctuation.
Section 923.7003(c) is amended by
removing ‘‘923.7002(b)’’ and adding in
its place ‘‘923.7003(b)’’ to correct the
citation.
Section 923.7003(c) is amended by
adding the two clause titles for 952.223–
71 by adding ‘‘Integration of
Environment, Safety, and Health into
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Work Planning and Execution,’’; and in
two places after ‘‘952.223–72’’ by
adding ‘‘Radiation Protection and
Nuclear Criticality,’’.
Section 923.7003(d) is amended by
removing ‘‘either 923.7002(b) or
923.7002(c)’’ and adding in its place
‘‘923.7003(b) or 923.7003(c)’’ to correct
the citations.
Section 923.7003(d) is amended by
adding the two clause titles for 952.223–
71, ‘‘Integration of Environment, Safety,
and Health into Work Planning and
Execution,’’; and in two places after
‘‘952.223–72’’ by adding ‘‘Radiation
Protection and Nuclear Criticality,’’.
Section 923.7003(d) is amended by
removing ‘‘Environment, Safety and
Health’’ and adding in its place ‘‘Health,
Safety, and Security.’’
Section 923.7003(e) is amended by
adding clause titles for 952.223–71,
‘‘Integration of Environment, Safety, and
Health into Work Planning and
Execution,’’; and for 952.223–72,
‘‘Radiation Protection and Nuclear
Criticality.’’
Sections 923.7003(f) and 923.7003(g)
are amended by removing ‘‘48 CFR’’ in
both of these paragraphs in four places
each; in paragraph (g) by removing
‘‘970.1504–5(c)’’ and adding in its place
‘‘970.1504–8(c)’’; in paragraph (g) by
adding ‘‘Requirements,’’ after ‘‘952.204–
2, Security’’; and capitalizing the first
letter in each word for the clause title
‘‘Nuclear Hazards Indemnity
Agreement’’.
Section 933.103(f) is amended by
removing the first paragraph in (f); by
redesignating paragraph (i)(1) as (i); by
redesignating subparagraphs (i)(1)(i)
through (iii) as (1), (2) and (3)
respectively; and by removing
subparagraph (i)(2). The first paragraph
(f) is removed because it repeats a
requirement from FAR 33.101(f).
Section 933.103(i) is amended in
paragraph (i) by removing ‘‘Head of
Contracting Activity’’ and adding in its
place ‘‘HCA’’.
Section 933.103(j) is amended by
removing the fourth sentence; and in the
fifth sentence, remove ‘‘parties’’ and add
in its place ‘‘the protester and the
Department.’’ These changes are made
to remove an internal procedure and to
clarify who the parties are.
Section 933.103(k) is amended in the
first sentence by redesignating ‘‘(iii)’’ as
‘‘(iv)’’; by removing the second
sentence; and in the third sentence by
removing the ‘‘(1).’’ The second
sentence is removed because it is an
internal procedure.
Section 942.270–2 is amended in the
section title by using a lower case ‘‘c’’
for ‘‘clause’’; and in the first sentence,
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by adding ‘‘Technical Direction,’’ after
‘‘952.242–70.’’
Section 952.216–7, Allowable cost
and payment Alternate I, is removed.
This duplicates FAR 16.307(a)(1) fourth
sentence.
Section 952.225–70 clause in
paragraph (b) is amended by adding
after ‘‘shall’’ in the first sentence ‘‘—’’
and a line return; in subparagraph (1),
capitalize the ‘‘C’’ in ‘‘consider; in
paragraph (b)(1), changing the
punctuation and adding a line return
after ‘‘or’’; and in paragraphs (b)(2),
(b)(2)(i), and (b)(2)(ii), capitalize the first
letter of the first word in each
subparagraph.
In section 970.0404–1 the Classified
Information definition is amended by
removing reference to Executive Order
12356 and updating it with the current
Executive Order 12958, Classified
National Security Information, April 17,
1995, as amended.
Section 970.1100–1(a) is amended in
the second sentence, by adding ‘‘The’’
before ‘‘Office’’; in the second sentence,
by adding ‘‘’s’’ after ‘‘Policy’’; in the
second sentence, by removing ‘‘Letter
91–2’’ and adding in its place ‘‘Seven
Steps to Performance-Based Acquisition
located at Web site https://
www.acquisition.gov/comp/seven_steps/
home.html’’; and in the third sentence,
by making the ‘‘D’’ in ‘‘describe’’ lower
case after ‘‘:’’. These changes are made
for grammatical reasons and to update
the Office of Federal Procurement
Policy (OFPP) information on
performance-based acquisition.
Section 970.5242–1 clause is
amended in paragraphs (c)(2), (d) and
(e)(3), by changing punctuation; in
paragraph (c)(2)(i), (c)(2)(ii), (c)(2)(iii),
(d)(1), (d)(2), (e)(1), (e)(2), (e)(3), (e)(3)(i),
and (e)(3)(ii), by capitalizing the first
letter of the first word in each
paragraph; in paragraph (c)(2)(ii), by
removing ‘‘Department’s’’ and adding in
its place ‘‘Civilian’’; and in paragraph
(e), adding ‘‘—’’ after ‘‘when’’.
Section 970.5244–1 introductory text
is amended by removing ‘‘48 CFR
970.4402–5’’ and adding in its place
‘‘970.4403’’.
Section 970.5244–1 clause is
amended in paragraphs (e)(1), (e)(1)(i),
and (r) by changing punctuation; and in
paragraphs (e)(1), (i), (e)(1)(ii), (r)(1),
(r)(2), and (r)(3), by capitalizing the first
letter of the first word in each
paragraph.
Section 970.5244–1 clause in
paragraph (e)(4) is amended in the
second sentence, by removing ‘‘48 CFR
970.3102–3–21(b)’’ and adding in its
place ‘‘48 CFR 31.205–26(e)’’.
Section 970.5244–1 clause in
paragraph (g) is amended in the first
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sentence, by removing ‘‘48 CFR 52.225–
3’’ and adding in its place ‘‘48 CFR
52.225–1’’; and in the first sentence, by
removing ‘‘48 CFR 52.225–5’’ and
adding in its place ‘‘48 CFR 52.225–9’’.
Section 970.5244–1 clause in
paragraph (q) is amended by adding
after ‘‘980.71’’ ‘‘, Federal Management
Regulation 41 CFR chapter 102,’’; in
paragraph (q)(5), and by removing ‘‘48
CFR 908.7108’’ and adding in its place
‘‘48 CFR subpart 8.5’’. These changes
conform to the FAR convention and
updates the Federal Management
Regulation reference.
Section 553(b)(B) of the
Administrative Procedure Act (5 U.S.C.
553(b)(B)) permits an agency to omit
notice and comment from a rulemaking
when the agency finds ‘‘good cause’’ to
do so. Good cause exists when the
agency finds that notice and comment
would be ‘‘impracticable, unnecessary,
or contrary to the public interest.’’
Today’s rule is intended to correct nonsubstantive errors, remove
typographical errors, correct out-dated
references and citations, and to improve
stylistic consistency. None of the
amendments in this notice of final
rulemaking are intended to alter
substantive rights or obligations under
current law. Nothing in this rule
imposes or alters existing requirements
on DOE contractors or other members of
the public. Consequently, DOE has
determined that notice and comment is
unnecessary.
III. Procedural Requirements
A. Review Under Executive Order 12866
Today’s regulatory action has been
determined not to be a ‘‘significant
regulatory action’’ under Executive
Order 12866, ‘‘Regulatory Planning and
Review’’ (58 FR 51735, October 4, 1993).
Accordingly, this rulemaking is not
subject to review under that Executive
Order by the Office of Information and
Regulatory Affairs (OIRA) of the Office
of Management and Budget (OMB).
B. Review Under Executive Order 12988
With respect to the review of existing
regulations and the promulgation of
new regulations, section 3(a) of
Executive Order 12988, ‘‘Civil Justice
Reform,’’ 61 FR 4729 (February 7, 1996),
imposes on Executive agencies the
general duty to adhere to the following
requirements: (1) Eliminate drafting
errors and ambiguity; (2) write
regulations to minimize litigation; and
(3) provide a clear legal standard for
affected conduct rather than a general
standard and promote simplification
and burden reduction. With regard to
the review required by section 3(a),
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36359
section 3(b) of Executive Order 12988
specifically requires that Executive
agencies make every reasonable effort to
ensure that the regulation: (1) Clearly
specifies the preemptive effect, if any;
(2) clearly specifies any effect on
existing Federal law or regulation; (3)
provides a clear legal standard for
affected conduct while promoting
simplification and burden reduction; (4)
specifies the retroactive effect, if any; (5)
adequately defines key terms; and (6)
addresses other important issues
affecting clarity and general
draftsmanship under any guidelines
issued by the United States Attorney
General. Section 3(c) of Executive Order
12988 requires Executive agencies to
review regulations in light of applicable
standards in section 3(a) and section
3(b) to determine whether they are met
or if it is unreasonable to meet one or
more of them. DOE has completed the
required review and determined that, to
the extent permitted by law, this final
rule meets the relevant standards of
Executive Order 12988.
C. Review Under the Regulatory
Flexibility Act
The Regulatory Flexibility Act (5
U.S.C. 601 et seq.) requires preparation
of an initial regulatory flexibility
analysis for any rule that by law must
be proposed for public comment, unless
the agency certifies that the rule, if
promulgated, will not have a significant
economic impact on a substantial
number of small entities. As required by
Executive Order 13272, ‘‘Proper
Consideration of Small Entities in
Agency Rulemaking,’’ 67 FR 53461
(August 16, 2002), DOE published
procedures and policies on February 19,
2003, to ensure that the potential
impacts of its rules on small entities are
properly considered during the
rulemaking process (68 FR 7990). DOE
has made its procedures and policies
available on the Office of General
Counsel’s Web site at https://
www.gc.doe.gov.
Today’s technical amendments do not
alter any substantive rights or
obligations. Today’s rule makes
corrections and updates references in
the DEAR that apply to public contracts.
No substantive rights or obligations are
altered by today’s technical amendment.
Neither the Administrative Procedures
Act nor any other law that requires this
rule be proposed for public comment.
Consequently, this rule is exempt from
the requirements of the Regulatory
Flexibility Act.
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Federal Register / Vol. 74, No. 139 / Wednesday, July 22, 2009 / Rules and Regulations
written assessment of costs and benefits
of any rule imposing a Federal mandate
with costs to State, local or tribal
governments, or to the private sector, of
$100 million or more. This rulemaking
makes technical amendments that do
not alter any substantive rights or
obligations. This rule does not impose
any mandates.
pursuant to general guidelines issued by
OMB. OMB’s guidelines were published
at 67 FR 8452 (February 22, 2002), and
DOE’s guidelines were published at 67
FR 62446 (October 7, 2002). DOE has
reviewed today’s rule under the OMB
and DOE guidelines and has concluded
that it is consistent with applicable
policies in those guidelines.
E. Review Under the National
Environmental Policy Act
DOE has concluded that promulgation
of this rule falls into a class of actions
which would not individually or
cumulatively have significant impact on
the human environment, as determined
by DOE’s regulations (10 CFR part 1021,
subpart D) implementing the National
Environmental Policy Act (NEPA) of
1969 (42 U.S.C. 4321 et seq.).
Specifically, this rule is categorically
excluded from NEPA review because
the amendments to the DEAR are
strictly procedural (categorical
exclusion A6). Therefore, this rule does
not require an environmental impact
statement or environmental assessment
pursuant to NEPA.
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D. Review Under the Paperwork
Reduction Act
This final rule does not impose a
collection of information requirement
subject to the Paperwork Reduction Act,
44 U.S.C. 3501 et seq. Existing burdens
associated with the collection of certain
contractor data have been cleared under
OMB control number 1910–4100.
H. Review Under the Treasury and
General Government Appropriations
Act, 1999
Section 654 of the Treasury and
General Government Appropriations
Act, 1999 (Pub. L. 105–277), requires
Federal agencies to issue a Family
Policymaking Assessment for any
rulemaking or policy that may affect
family well-being. This rulemaking will
have no impact on the autonomy or
integrity of the family as an institution.
Accordingly, DOE has concluded that it
is not necessary to prepare a Family
Policymaking Assessment.
K. Review Under the Small Business
Regulatory Enforcement Fairness Act of
1996
I. Review Under Executive Order 13211
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use, 66 FR 28355 (May
22, 2001) requires Federal agencies to
prepare and submit to Office of
Information and Regulatory Affairs of
the Office of Management and Budget,
a Statement of Energy Effects for any
proposed significant energy action. A
‘‘significant energy action’’ is defined as
any action by an agency that
promulgates or is expected to lead to
promulgation of a final rule, and that:
(1) Is a significant regulatory action
under Executive Order 12866, or any
successor order, (2) is likely to have a
significant adverse effect on the supply,
distribution, or use of energy, or (3) is
designated by the Administrator of
OIRA as a significant energy action. For
any proposed significant energy action,
the agency must give a detailed
statement of any adverse effects on
energy supply, distribution, or use
should the proposal be implemented,
and of reasonable alternatives to the
action and their expected benefits on
energy supply, distribution, and use.
Today’s rule is not a significant energy
action. Accordingly, DOE has not
prepared a Statement of Energy Effects.
List of Subjects in 48 CFR Parts 901,
903, 904, 905, 906, 908, 909, 911, 912,
913, 914, 915, 916, 917, 922, 923, 925,
928, 931, 932, 933, 935, 936, 939, 941,
942, 947, 950, 951, 952, and 970
F. Review Under Executive Order 13132
Executive Order 13132, 64 FR 43255
(August 4, 1999) imposes certain
requirements on agencies formulating
and implementing policies or
regulations that preempt State law or
that have federalism implications.
Agencies are required to examine the
constitutional and statutory authority
supporting any action that would limit
the policymaking discretion of the
States and carefully assess the necessity
for such actions. The Executive Order
requires agencies to have an
accountability process to ensure
meaningful and timely input by State
and local officials in the development of
regulatory policies that have federalism
implications. On March 14, 2000, DOE
published a statement of policy
describing the intergovernmental
consultation process it will follow in the
development of such regulations (65 FR
13735). DOE has examined today’s rule
and has determined that it does not
preempt State law and does not have a
substantial direct effect on the States, on
the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. No further action
is required by Executive Order 13132.
G. Review Under the Unfunded
Mandates Reform Act of 1995
The Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4) generally
requires a Federal agency to perform a
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J. Review Under the Treasury and
General Government Appropriations
Act, 2001
The Treasury and General
Government Appropriations Act, 2001
(44 U.S.C. 3516, note) provides for
agencies to review most disseminations
of information to the public under
guidelines established by each agency
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As required by 5 U.S.C. 801, the
Department will report to Congress
promulgation of this rule. The report
will state that it has been determined
that the rule is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
L. Approval by the Office of the
Secretary of Energy
Issuance of this rule has been
approved by the Office of the Secretary
of Energy.
Government procurement.
Issued in Washington, DC, on July 13,
2009.
Edward R. Simpson,
Director, Office of Procurement and
Assistance Management, Department of
Energy.
David O. Boyd,
Director, Office of Acquisition and Supply
Management, National Nuclear Security
Administration.
For the reasons set out in the
preamble, Chapter 9 of Title 48 of the
Code of Federal Regulations is amended
as set forth below.
■ 1. Authority citations are revised:
■ a. For parts 901, 903, 904, 905, 906,
908, 909, 912, 913, 914, 915, 916, 917,
922, 923, 925, 928, 931, 932, 933, 935,
936, 939, 941, 942, 947, 951, and 952,
the authority citations are revised to
read as follows:
■
Authority: 42 U.S.C. 7101 et seq. and 50
U.S.C. 2401 et seq.
b. For parts 911, 950 and 970, the
authority citations are revised to read as
follows:
■
Authority: 42 U.S.C. 2201; 2282a; 2282b;
2282c; 42 U.S.C. 7101 et seq.; 50 U.S.C. 2401
et seq.
PART 901—FEDERAL ACQUISITION
REGULATIONS SYSTEM
2. Section 901.602–3 is amended by
revising the section heading to read as
follows:
■
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901.602–3 Ratification of unauthorized
commitments.
*
*
*
*
15. Newly designated section 903.900
is amended by revising the heading to
read as follows:
■
*
903.900
PART 903—IMPROPER BUSINESS
PRACTICES AND PERSONAL
CONFLICTS OF INTEREST
903.104–3
■
*
[Redesignated as 903.104–1]
3. Redesignate 903.104–3 as 903.104–
1.
4. Amend the introductory text of
newly designated section 903.104–1 by
removing the reference ‘‘48 CFR (FAR)
3.104–4(d)—’’ and adding in its place
‘‘48 CFR 3.104–2(b)(3)—’’.
■
903.104–10
[Redesignated as 903.104–7]
5. Redesignate 903.104–10 as
903.104–7.
■ 6. Amend newly designated section
903.104–7 by revising the section
heading to read as follows:
■
903.104–07
violations.
Violations or possible
*
*
*
*
*
7. Remove ‘‘48 CFR 3.104–10’’
wherever it occurs in newly designated
903.104–7 and add in its place ‘‘48 CFR
3.104–7’’.
■ 8. Add in newly designated 903.104–
7, first sentence, commas, after ‘‘(2)’’
and ‘‘Policy Act’’.
■ 9. Add in newly designated 903.104–
7 ‘‘the General Counsel for National
Nuclear Security Administration
(NNSA),’’ in the second sentence, after
‘‘Naval Reactors Offices;’’.
■
Scope of subpart.
*
*
*
*
PART 904—ADMINISTRATIVE
MATTERS
16. Section 904.402 is amended by:
a. Removing in paragraph (a), ‘‘DOE’s’’
and adding in its place ‘‘Department of
Energy’s (DOE)’’;
■ b. Revising the last sentence in
paragraph (c)(1);
■ c. Removing ‘‘The clause’’ in
paragraph (c)(2), at the beginning of the
first sentence, and adding in its place
‘‘The 952.204–76 clause’’ and removing
‘‘and the clause’’, in the first sentence,
and adding in its place ‘‘and the
952.223–76 clause’’;
■ d. Removing the ‘‘:’’ at the end of the
introductory text of paragraph (c)(3) and
adding ‘‘—’’ in its place; and
■ e. Adding in paragraph (c)(3)(i),
‘‘952.204–76’’ before the first usage of
‘‘clause’’ and, adding ‘‘952.223–76’’
before the second usage of ‘‘clause’’.
The revision reads as follows:
■
■
904.402
General.
12. Section 903.502 is amended by
removing the paragraph (b) designation
at the beginning of the paragraph.
■ 13. Revise the heading for subpart
903.9 to read as follows:
*
*
*
*
(c)(1) * * * The clause prescribed at
904.404(d)(6) (952.204–76, Conditional
Payment of Fee or Profit—Safeguarding
Restricted Data and Other Classified
Information) or the clause prescribed at
923.7003(f) (952.223–76, Conditional
Payment of Fee or Profit—Safeguarding
Restricted Data and Other Classified
Information and Protection of Worker
Safety and Health) shall be used for this
purpose unless the clause prescribed at
970.1504–5(b)(1) (970.5215–3,
Conditional Payment of Fee, Profit, and
Other Incentives—Facility Management
Contracts) is used.
*
*
*
*
*
■ 17. Section 904.404 is amended by:
■ a. Revising the section heading;
■ b. Removing ‘‘DOE N 142.1.’’ in
paragraph (d)(3), second sentence, and
adding in its place ‘‘DOE Order 142.3 or
its successor.’’; and
■ c. Revising paragraph (d)(6).
The revisions read as follows:
Subpart 903.9—Whistleblower
Protections for Contractor Employees
904.404 Solicitation provision and
contract clause.
903.408–1
[Redesignated as 903.405]
10. Redesignate section 903.408–1 as
903.405.
■ 11. Newly redesignated section
903.405 is amended by revising the
section heading to read as follows:
■
903.405 Misrepresentations or violations
of the Covenant Against Contingent Fees.
*
*
903.502
*
*
*
[Amended]
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■
903.901, 903.902, and 903.903
[Redesignated 903.900, 903.901 and
903.902]
14. Redesignate sections 903.901,
903.902, and 903.903 as sections
903.900, 903.901 and 903.902,
respectively.
■
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*
(d) * * *
(6) Except as prescribed in 970.1504–
5(b), the contracting officer shall insert
the clause at 952.204–76, Conditional
Payment of Fee or Profit—Safeguarding
Restricted Data and Other Classified
Information and Protection of Worker
Safety and Health, in all contracts that
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contain the clause at 952.204–2,
Security, but that do not contain the
clause at 952.250–70, Nuclear Hazards
Indemnity Agreement.
*
*
*
*
*
■ 18. Section 904.702 is revised to read
as follows:
904.702
Applicability.
(b) Contracts containing the clause at
952.223–71 Integration of Environment
Safety, and Health into Work Planning
and Execution, or the Radiation
Protection and Nuclear Criticality clause
at 952.223–72, must also include the
Preservation of Individual Occupational
Radiation Exposure Records clause at
952.223–75 which will necessitate
retention of records in accordance with
schedules contained in applicable DOE
Directives in the records management
series, rather than those found at 48 CFR
subpart 4.7.
■ 19. The heading for subpart 904.8 is
revised to read as follows:
Subpart 904.8—Government Contract
Files
904.803
[Amended]
20. Section 904.803 is amended by
removing the word ‘‘procurement’’ and
adding in its place the word
‘‘acquisition’’.
■ 21. Add a new section 904.804 to read
as follows:
■
904.804
Closeout of contract files.
22. Section 904.804–1 is amended by
revising the section heading and adding
‘‘(HCA)’’ in paragraph (a) after the word
‘‘Activity’’ to read as follows:
■
904.804–1 Closeout by the office
administering the contract.
*
*
*
*
*
23. Revise section 904.805 to read as
follows:
■
904.805 Storage, handling, and disposal of
contract files.
Contract files shall be disposed of in
accordance with applicable DOE Order
243.1. (See current version.)
■ 24. Revise the section heading for
section 904.7000 to read as follows:
904.7000
*
*
904.7002
Scope of subpart.
*
*
*
[Amended]
25. Section 904.7002 is amended by:
a. Removing ‘‘following:’’ at the end of
the introductory text of the definition of
‘‘foreign interest’’ and adding in its
place ‘‘following—’’; and
■ b. Removing ‘‘person,’’ in paragraph
(3) of the definition of ‘‘foreign interest’’,
and adding in its place ‘‘person;’’ .
■
■
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904.7003
Federal Register / Vol. 74, No. 139 / Wednesday, July 22, 2009 / Rules and Regulations
[Amended]
26. Section 904.7003 is amended by:
a. Adding ‘‘Facility Clearance,’’ in
paragraph (c), second sentence after
‘‘952.204–73’’;
■ b. Removing the punctuation ‘‘:’’ in
paragraph (d), first sentence, after the
word ‘‘unless’’ and adding in its place
‘‘—’’;
■ c. Removing ‘‘48 CFR 952.204–73,’’ in
paragraph (d)(1) and adding in its place
‘‘952.204–73, Facility Clearance;’’; and
■ d. Removing ‘‘48 CFR’’ in the
paragraph (d)(2).
■
■
904.7101
[Amended]
[Amended]
29. Section 904.7103 is amended by:
a. Removing ‘‘48 CFR’’ in paragraphs
(a) and (b);
■ b. Adding ‘‘, Facility Clearance.’’ after
‘‘952.204–73’’ in paragraph (a); and
■ c. Adding ‘‘, Security.’’ after
‘‘952.204–2’’ in paragraph (b).
■
■
[Amended]
30. Section 904.7201 is amended by
adding ‘‘, Public Affairs,’’ after
‘‘952.204–75.’’
■ 31. The heading for subchapter B is
revised to read as follows:
■
Subchapter B—Competition Acquisition
Planning
PART 908—REQUIRED SOURCES OF
SUPPLIES AND SERVICES
32. Section 908.802 is amended by
revising the section heading and
removing ‘‘48 CFR 952.208–70. ’’ in
paragraph (b) and adding in its place,
‘‘952.208–70, Printing, in all contracts.’’
The revision reads as follows:
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■
908.802
Policy.
*
*
*
*
*
■ 33. Section 908.1104 is amended by
revising the section heading,
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Contract clauses.
*
908.7105
*
*
34. Section 908.7105 is amended by
removing ‘‘DOE–PMR 41 CFR 109–
25.302–2.’’ at the end of the sentence
and adding in its place ‘‘DOE–PMR 41
CFR 109–25.302.’’
[Amended]
35. Section 908.7106 is amended by
removing ‘‘DOE–PMR 41 CFR 109–
25.302–2.’’ in paragraph (a) at the end
of the sentence and adding in its place
‘‘DOE–PMR 41 CFR 109–25.302.’’; and
removing ‘‘FPMR 41 CFR 101–26.407
and’’ in paragraph (b).
■
Jkt 217001
908.7111
[Removed and Reserved]
[Amended]
37. Section 908.7111 is amended by
removing ‘‘Commanding General,
Headquarters, U.S. Army Material
Development and Readiness Command,
5001 Eisenhower Avenue, Alexandria,
VA 22333.’’ in paragraph (c), and adding
in its place ‘‘Commanding General,
Headquarters, U.S. Army Materiel
Command, 9301 Chapek Road, Fort
Belvoir, VA 22060–5527.’’
■
38. Section 908.7113 is revised to read
as follows:
■
908.7113
40. Add a new section 909.104 to
subpart 909.1 to read as follows:
■
Standards.
909.104–1
[Amended]
■
908.7108
PART 909—CONTRACTOR
QUALIFICATIONS
909.104
*
36. Section 908.7108 is removed and
reserved.
28. Section 904.7102 is amended by:
a. Removing the ‘‘:’’ in paragraphs (a)
introductory text, and (b) introductory
text, last sentences, and adding in its
place ‘‘—’’; and
■ b. Removing ‘‘DEAR 952.204–73’’ in
paragraph (e), and adding in its place,
‘‘952.204–73, Facility Clearance’’.
904.7201
*
■
[Amended]
■
■
904.7103
908.1104
908.7106
27. Section 904.7101 is amended by:
a. Removing the last sentence in the
definition of Entity controlled by a
foreign government, and adding in its
place ‘‘See subpart 925.7 for a statement
of the prohibition on certain foreign
purchases.’’
■ b. Removing the ‘‘,’’ at the end of the
sentence in paragraph (4), in the
definition of Proscribed information.
■
■
904.7102
redesignating paragraph (e) as (f), and
removing ‘‘48 CFR’’ in newly designated
paragraph (f).
The revision reads as follows:
Calibration services.
Orders for calibration services may be
placed with the National Institute of
Standards and Technology, 100 Bureau
Drive, Stop 2300, Gaithersburg, MD
20899–2300, by either DOE acquisition
offices or its authorized contractors.
Copies of the letters authorizing
contractors to order calibration services
on behalf of DOE shall be sent to the
National Institute of Standards and
Technology, Attention: ‘‘Calibration
Services.’’
[Amended]
41. Section 909.104–1, paragraph (h)
is amended by removing ‘‘48 CFR’’.
■ 42. Section 909.104–3 is amended by
revising the section heading and
removing ‘‘DOE’’ in paragraph (e) at the
beginning of the paragraph, and adding
in its place, ‘‘Guaranteeing corporate
entities. The Department of Energy
(DOE)’’.
The revision reads as follows:
■
909.104–3
Application of standards.
*
*
*
909.400
*
*
[Amended]
43. Section 909.400 is amended by
removing the ‘‘.’’ at the end of paragraph
(a) and adding in its place a ‘‘;’’.
■
909.403
[Amended]
44. Section 909.403 is amended by:
a. Adding ‘‘Debarring and suspending
official, for the DOE, the designees are:’’
after the introductory paragraph;
■ b. Removing the words ‘‘Debarring
Official. The’’ and adding in its place
‘‘(1) Debarring Official means the’’; and
■ c. Removing the words ‘‘Suspending
Official. The’’ and adding in its place
‘‘(2) Suspending Official means the’’.
■ 45. Section 909.406–2 is amended by:
■ a. Revising the section heading to read
as set forth below;
■ b. Removing ‘‘DOE’’ in the
introductory text of paragraph (c);
■ c. Removing ‘‘; and’’ in paragraph
(c)(1) after ‘‘subcontract’’ and adding in
its place a period; and
■ d. Removing the ‘‘;’’ at the end of the
sentence in paragraph (d)(1), after
‘‘9.406–3(c)’’, and adding in its place a
period.
■
■
909.406–2
Causes for debarment.
*
*
*
*
*
■ 46. Section 909.406–3 is amended by
revising the section heading to read as
follows:
39. Section 908.7115 is amended by
revising paragraph (a) to read as follows:
909.406–3
Procedures.
*
*
908.7115
909.406–6
■
Forms.
(a) DOE forms shall be obtained by
DOE offices in accordance with the DOE
Guide 242.1–1, DOE Forms
Management, for use with DOE Order
200.1, Information Management
Program.
*
*
*
*
*
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*
*
[Redesignated 909.406–70]
47. Section 909.406–6 is redesignated
as 909.406–70, and newly designated
909.406–70 is amended by removing
‘‘48 CFR (DEAR)’’ in paragraph (b), two
occurrences.
■ 48. Add a new section 909.407 to
subpart 909.4 to read as follows:
■
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909.407
Suspension.
49. Section 909.407–2 is amended by:
a. Revising the section heading;
b. Removing the ‘‘:’’ at the end of the
introductory text of paragraph (d) and
adding in its place ‘‘—’’;
■ c. Removing ‘‘48 CFR (DEAR)’’ in
paragraphs (d)(1) and (d)(2);
■ d. Removing the ‘‘.’’ in paragraph
(d)(1) and adding in its place a
semicolon; and
■ e. Removing the ‘‘.’’ at the end of the
sentence in paragraph (d)(2) and adding
in its place ‘‘; or’’.
The revision reads as follows:
■
■
■
912.302 Tailoring of provisions and
clauses for the acquisition of commercial
items.
(c) The waiver required by 48 CFR
12.302(c) shall be in writing and
approved by the local procurement
manager or individual appointed for
that purpose by the local procurement
manager.
PART 913—SIMPLIFIED ACQUISITION
PROCEDURES
915.207 Handling proposals and
information.
65. Section 915.207–70 is amended by
revising the section heading and
removing ‘‘DOE’’ in paragraph (f)(3), in
the last sentence and adding in its place
‘‘Senior’’.
The revision reads as follows:
■
915.217–70 Handling proposals and
information during evaluation.
*
*
*
*
*
66. Section 915.305 is amended by
revising the section heading to read as
follows:
57. Section 913.307 is amended by
revising the section heading to read as
follows:
■
*
*
*
*
■ 50. Section 909.407–3 is amended by
revising the section heading, removing
the ‘‘:’’ after ‘‘shall’’ in paragraph (b)(3)
and adding in its place ‘‘—’’; and
removing ‘‘48 CFR (DEAR)’’ in
paragraphs (b)(1), (b)(2) and (e)(1)(iv).
The revision reads as follows:
913.307
915.305
909.407–3
914.404–1
909.407–2
Causes for suspension.
*
Procedures.
*
*
*
*
*
■ 51. Section 909.503 is revised to read
as follows:
909.503
Waiver.
Heads of Contracting Activities are
delegated the authorities in 48 CFR
9.503 regarding the waiver of
organizational and consultant conflicts
of interest requirements.
■ 52. Section 909.504 is amended by
revising the section heading and by
removing ‘‘48 CFR’’ in paragraph (e).
The revision reads as follows:
■
*
Forms.
*
*
*
*
*
PART 914—SEALED BIDDING
58. Add a new section 914.404 to
subpart 914.4 to read as follows:
■
914.404
Rejection of bids.
[Amended]
60. Section 914.407–3(e) is amended
in the first and second sentences by
removing ‘‘Procurement Executive has,’’
and add in its place ‘‘Senior
Procurement Executives have’’.
■
914.407–4
*
62. Section 914.408–2 is redesignated
as 914.409–2.
54. Section 909.507–2 is amended by
removing ‘‘48 CFR’’ in paragraphs (a)(1),
(a)(2) and (b).
PART 911—DESCRIBING AGENCY
NEEDS
911.604
55. Section 911.604(b) is amended by
adding a ‘‘,’’ after ‘‘Energy)’’.
■
PART 912—ACQUISITION OF
COMMERCIAL ITEMS
56. Section 912.302 is revised to read
as follows:
■
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PART 915—CONTRACTING BY
NEGOTIATION
63. Section 915.200 is revised to read
as follows:
■
915.200
[Amended]
VerDate Nov<24>2008
[Redesignated]
■
■
Proposal analysis.
68. Section 915.404–2 is amended by
revising the section heading, removing
‘‘48 CFR’’ in paragraph (c)(1), and
redesignating paragraphs (c)(2) as
(c)(2)(i) and (e)(6) as (c)(2)(ii).
The revision reads as follows:
■
Scope of subpart.
The 48 CFR subpart 15.2 is not
applicable to Program Opportunity
Notices for Commercial Demonstrations
(See subpart 917.72) or Program
Research and Development
Announcements (See subpart 917.73).
64. Add a new section 915.207 to
subpart 915.2 to read as follows:
■
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915.404–2–70
*
*
[Amended]
69. Section 915.404–2–70 is amended
by removing the ‘‘:’’ in paragraph (a),
and adding in its place ‘‘—’’.
■
70. Section 915.404–4 is amended by
revising the section heading to read as
follows:
■
[Amended]
*
[Amended]
915.404
*
914.408–2
909.507–2
67. Add a new section 915.404 to
subpart 915.4 to read as follows:
■
*
[Amended]
Solicitation provisions.
*
*
914.407–3
909.507–1
*
*
Information to support proposal
*
*
*
*
■ 53. Section 909.507–1 is amended by
revising the section heading and
removing ‘‘48 CFR’’ in paragraph (e).
The revision reads as follows:
*
*
915.404–2
analysis.
61. Section 914.407–4 is amended by
removing ‘‘Procurement Executive has’’
and adding in its place ‘‘Senior
Procurement Executives have’’ in the
first sentence; and adding ‘‘appropriate
Senior’’ before the word ‘‘Procurement’’
in the second sentence.
*
Proposal evaluation.
*
59. Section 914.404–1, paragraph (c),
is amended by removing ‘‘Procurement
Executive has’’ and adding in its place
‘‘Senior Procurement Executives have’’.
■
■
909.504 Contracting officer
responsibilities.
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915.404–4
Profit.
*
*
*
915.404–70–2
70–2]
*
*
[Redesignated 915.404–4–
71. Section 915.404–70–2 is
redesignated as 915.404–4–70–2 and
paragraphs (a) and (b) are amended by
removing ‘‘48 CFR’’.
■
915.404–4–70–4
[Amended]
72. Section 915.404–4–70–4 is
amended by removing the ‘‘:’’ in
paragraph (b) introductory text, and
adding in its place ‘‘—’’; and removing
‘‘48 CFR’’ in paragraph (d), and adding
in its place ‘‘subpart’’.
■
915.404–4–70–5
[Amended]
73. Section 915.404–4–70–5(d) is
amended by removing ‘‘48 CFR’’.
■
915.404–4–70–6
[Amended]
74. Section 915.404–4–70–6 is
amended by removing ‘‘48 CFR’’.
■
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915.404–4–70–7
[Amended]
915.603
75. Section 915.404–4–70–7 is
amended by removing ‘‘48 CFR’’ in
paragraphs (a) and (b).
■
915.404–4–71–1
[Amended]
76. Section 915.404–4–71–1 is
amended by removing the ‘‘,’’ in
paragraph (a)(1) and adding in its place
a ‘‘;’’; adding a ‘‘;’’ in paragraph (a)(2)
after the word ‘‘performance’’; and
removing the word ‘‘for’’ in paragraph
(b) before the word ‘‘thereunder’’.
■
915.404–4–71–3
[Amended]
77. Section 915.404–4–71–3 is
amended by removing ‘‘48 CFR’’ in
paragraphs (a) and (d); removing the ‘‘.’’
in paragraph (b) introductory text, and
adding in its place ‘‘—’’; adding ‘‘—’’ in
paragraph (b)(1), at the end of the
sentence; and removing the ‘‘,’’ in
paragraphs (b)(1)(i), (ii) and (iii), and
adding in its place a ‘‘;’’.
■
915.404–4–71–4
[Amended]
78. Section 915.404–4–71–4(a) is
amended by removing ‘‘48 CFR’’.
[Amended]
79. Remove ‘‘48 CFR’’ in 915.404–4–
71–5, all occurrences, in paragraphs (a),
(e)(1), and (e)(3).
■
915.404–4–71–6
[Amended]
80. Section 915.404–4–71–6 is
amended by removing ‘‘(See 48 CFR
936.70.)’’ in paragraph (b)(4); removing
‘‘as defined in 48 CFR 936.7201’’ in
paragraph (b)(6); and removing ‘‘48
CFR’’ in paragraph (c).
81. Section 915.404–4–72 is amended
by removing ‘‘48 CFR’’ in all
occurrences in paragraphs (a)
introductory text, (a)(1), and (b).
■ 82. Add a new section 915.408 to
subpart 915.4 to read as follows:
915.408 Solicitation provisions and
contract clauses.
*
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915.602
Key Personnel clause.
*
*
*
[Amended]
84. Section 915.602 is amended by
removing paragraph (b).
■ 85. Section 915.603 is amended by
revising the section heading and
redesignating paragraph (e) as (f).
The revision reads as follows:
■
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*
*
*
*
■ 87. Section 915.606 is amended by
revising the section heading; removing
‘‘Coordinator’’ from paragraph (b) and
adding in its place ‘‘Manager’’; and
removing ‘‘(PGH)’’ from paragraph (b)
and adding in its place ‘‘P.O. Box 10940,
MS 921–107’’.
The revision reads as follows:
915.606
Agency procedures.
*
*
*
*
*
■ 88. Section 915.607 is revised to read
as follows:
915.607 Criteria for acceptance and
negotiation of an unsolicited proposal.
PART 916—TYPES OF CONTRACTS
916.307
[Amended]
89. Section 916.307 is amended by
redesignating paragraph (j) as paragraph
(g); and removing ‘‘The contracting
officer shall insert’’ at the beginning of
the sentence, and adding in its place
‘‘Insert’’.
916.404–2
[Redesignated as 916.405–2]
90. Redesignate section 916.404–2 as
916.405–2.
■ 91. Add a new section 916.405 to read
as follows:
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916.405 Cost-reimbursement incentive
contracts.
92. The heading for section 916.504 is
revised to read as follows:
■
916.504
83. Section 915.408–70 is amended by
revising the section heading and
removing ‘‘48 CFR’’ in all occurrences.
The revision reads as follows:
■
*
Content of unsolicited proposals.
*
■
[Amended]
■
915.408–70
915.605
■
■
915.404–4–72
*
*
*
*
■ 86. Section 915.605 is amended by
revising the section heading and in
paragraph (b)(5) removing ‘‘48 CFR’’ and
adding in its place ‘‘subpart’’.
The revision reads as follows:
(c) DOE’s cost participation policy, at
subpart 917.70, shall be followed in
determining the extent to which the
DOE will participate in the cost for the
proposed effort.
■
915.404–4–71–5
General.
*
Indefinite-quantity contracts.
*
*
*
*
*
■ 93. Section 916.505 is amended by
revising it to read as follows:
916.505
Ordering.
(b)(6)(i) The Director, Office of
Contract Management, Office of
Procurement and Assistance
Management, is designated as the DOE
Ombudsman for task and delivery order
contracts in accordance with 48 CFR
16.505(b)(6). The Director, Office of
Acquisition and Supply Management, is
the designated NNSA Ombudsman for
task and delivery order contracts in
accordance with 48 CFR 16.505(b)(6).
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(ii) The Heads of Contracting
Activities shall designate a senior
manager to serve as the Contracting
Activity Ombudsman for task and
delivery order contracts. If, for any
reason, the Contracting Activity
Ombudsman is unable to execute the
duties of the position, the Head of the
Contracting Activity shall designate an
Acting Contracting Activity
Ombudsman.
(iii) The Contracting Activity
Ombudsman shall—
(A) Be independent of the contracting
officer who awarded and/or is
administering the contract under which
a complaint is submitted;
(B) Not assume any duties and
responsibilities pertaining to the
evaluation or selection of an awardee for
the issuance of an order under a
multiple award, task or delivery order
contract;
(C) Review complaints from
contractors awarded a task or delivery
order contract;
(D) Collect all facts from the cognizant
organizations or individuals that are
relevant to a complaint submitted to
ensure that the complainant and all
contractors were afforded a fair
opportunity to be considered for the
order issued in accordance with the
procedures set forth in each awardees’
contract;
(E) Maintain a written log to track
each complaint submitted from receipt
through disposition;
(F) Ensure that no information is
released which is determined to be
proprietary or is designated as source
selection information; and
(G) Resolve complaints at the
contracting activity for which they have
cognizance.
(iv) If, upon review of all relevant
information, the Contracting Activity
Ombudsman determines that corrective
action should be taken, the Contracting
Activity Ombudsman shall report the
determination to the cognizant
contracting officer. Issues which cannot
be so resolved should be forwarded to
the DOE Ombudsman.
916.601
[Removed and Reserved]
94. Section 916.601 in subpart 916.6
is removed and reserved.
■
PART 917—SPECIAL CONTRACTING
METHODS
95. Section 917.600, paragraph (a) is
revised and paragraph (b) is amended by
removing ‘‘48 CFR’’.
The revision reads as follows:
■
917.600
Scope of subpart.
(a) This subpart implements 48 CFR
subpart 17.6, Management and
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Operating Contracts. Departmental
policies, procedures, provisions and
clauses to be used in the award and
administration of management and
operating contracts that either
implement or supplement the Federal
Acquisition Regulation and parts 901
through 952 of this chapter are
contained in part 970.
*
*
*
*
*
917.7200
[Amended]
96. Section 917.7200(a) is amended by
removing the word ‘‘non-nuclear’’ and
adding in its place ‘‘non nuclear’’.
■
PART 922—APPLICATION OF LABOR
LAWS TO GOVERNMENT
ACQUISITION
922.103–4
[Amended]
97. Section 922.103–4(d) is amended
by:
■ a. Removing the introductory heading
‘‘Approvals.’’ at the beginning of the
paragraph;
■ b. Removing ‘‘DOE’’ and adding in its
place ‘‘Department of Energy (DOE)’’ in
paragraph (d)(1) introductory text;
■ c. Removing the ‘‘:’’ and adding in its
place ‘‘—’’ at the end of paragraph (d)(1)
introductory text;
■ d. Removing the word ‘‘means’’ and
adding in its place ‘‘means—’’ in
paragraph (d)(1)(i), second sentence;
and
■ e. Removing ‘‘advance,’’ and adding
in its place ‘‘advance;’’ in paragraph
(d)(1)(i)(A).
■
922.103–5
[Amended]
98. Section 922.103–5 is amended in
the last sentence by adding the word
‘‘subpart’’ after the word ‘‘See’’.
■
922.802
[Removed and Reserved]
99. Section 922.802 is removed and
reserved.
■
PART 923—ENVIRONMENT, ENERGY
AND WATER EFFICIENCY,
RENEWABLE ENERGY
TECHNOLOGIES, OCCUPATIONAL
SAFETY, AND DRUG-FREE
WORKPLACE
101. Section 923.405 is amended by
revising the section heading to read as
follows:
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■
*
*
Procedures.
*
*
*
102. The heading for subpart 923.5 is
revised to read as follows:
■
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923.570–1
[Amended]
103. Section 923.570–1 is amended by
removing the ‘‘:’’ and adding in its place
‘‘—’’ in paragraph (a) introductory text;
removing the ‘‘,’’ in paragraph (a)(1),
and adding in its place a ‘‘;’’ and
removing the ‘‘;’’ at end of sentence; and
removing the ‘‘:’’ in paragraph (a)(2),
and adding in its place ‘‘—’’.
■
923.570–2
[Amended]
104. Section 923.570–2 is amended in
paragraphs (a) and (b) by removing ‘‘48
CFR’’ in three places.
■
923.570–3
[Amended]
105. Section 923.570–3 is amended by
removing ‘‘48 CFR’’ in paragraph (a) and
(b)(2); removing the ‘‘:’’ in paragraph (b),
and adding in its place ‘‘—’’; and
removing ‘‘the provision at 970.5204–
57; or’’ in paragraph (b)(2), and adding
in its place ‘‘the clause at 970.5223–4,
Workplace Substance Abuse Programs
at DOE Sites; or’’.
■ 106. Subpart 923.70 is amended by
revising the subpart heading to read as
follows:
■
Subpart 923.70—Environmental,
Energy and Water Efficiency,
Renewable Energy Technologies, and
Occupational Safety Programs
923.7001
[Amended]
107. Section 923.7001 is amended by
removing the paragraph designation
‘‘(a)’’.
■ 108. Section 923.7002 is amended by
revising the section heading, the first
sentence in paragraph (a)(1) and by
removing in paragraph (a)(5),
‘‘Environment, Safety and Health’’ and
adding in its place ‘‘Health, Safety and
Security’’.
The revisions read as follows:
■
923.7002
100. The heading for Part 923 is
revised to read as follows:
■
923.405
Subpart 923.5—Drug-Free Workplace
Worker safety and health.
(a)(1) Except when the clause
prescribed at 970.1504–8(c) is used, the
clauses entitled ‘‘952.223–76,
Conditional Payment of Fee or Profit—
Safeguarding Restricted Data and Other
Classified Information and Protection of
Worker Safety and Health’’ or ‘‘952.223–
77, Conditional Payment of Fee or
Profit—Protection of Worker Safety and
Health’’ implement the requirements of
section 234C of the Atomic Energy Act
for the use of a contract clause that
provides for an appropriate reduction in
the fee or amount paid to the contractor
under the contract in the event of a
violation by the contractor or any
contractor employee of any
Departmental regulation relating to the
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36365
enforcement of worker safety and health
concerns. * * *
*
*
*
*
*
■ 109. Section 923.7003 is revised to
read as follows:
923.7003
Contract clauses.
(a) A decision to include or not
include environmental, safety and
health clauses in DOE contracts shall be
made by the contracting officer in
consultation with appropriate Office of
Health, Safety and Security personnel.
(b) When work is to be performed at
a facility where the DOE will exercise
its statutory authority to enforce
occupational safety and health
standards applicable to the working
conditions of the contractor and
subcontractor employees at such
facility, the clause at 952.223–71,
Integration of Environment, Safety, and
Health into Work Planning and
Execution, shall be used in such
contract or subcontract if conditions
(b)(1) through (3), are satisfied—
(1) DOE work is segregated from the
contractor’s or subcontractor’s other
work;
(2) The operation is of sufficient size
to support its own safety and health
services; and
(3) The facility is government-owned,
or leased by or for the account of the
government.
(c) In facilities not meeting the
requirements of paragraph (b) of this
section and which are a production or
utilization facility where there is use or
possession of source, special nuclear, or
byproduct materials, DOE policy is not
to enforce radiological safety and health
standards pursuant to the contract or
subcontract but rather to rely upon
Nuclear Regulatory Commission (NRC)
licensing requirements (including
agreements with States under section
274 of the Atomic Energy Act). Pursuant
to this policy, neither the clause found
at 952.223–71, Integration of
Environment, Safety, and Health into
Work Planning and Execution, nor
952.223–72, Radiation Protection and
Nuclear Criticality, is to be incorporated
in the contracts or subcontracts for work
at such facilities. Notwithstanding this
general policy with respect to facilities
not meeting the requirements of
paragraph (b) of this section, the
Secretary or his designee may determine
in special cases, that DOE needs to
enforce radiological safety and health
standards pursuant to the contract or
subcontract (see paragraph (d) of this
section). When such a determination is
made, the clause found at 952.223–72,
Radiation Protection and Nuclear
Criticality, shall be included in the
contract or subcontract.
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Federal Register / Vol. 74, No. 139 / Wednesday, July 22, 2009 / Rules and Regulations
(d) In facilities not meeting the
requirements of paragraph (b) or (c) of
this section and where there is a
machine capable of producing ionizing
radiation, it is DOE policy not to
regulate such activity where it is
adequately regulated by a State or other
Federal agency. In such cases, neither
clause 952.223–71, Integration of
Environment, Safety, and Health into
Work Planning and Execution, nor
952.223–72, Radiation Protection and
Nuclear Criticality, shall be
incorporated in the contract. Where the
contracting officer, with appropriate
environmental, safety and health advice
determines that no State or other
Federal agency exists to adequately
regulate the operation and/or use of
such machines, the clause found at
952.223–72, Radiation Protection and
Nuclear Criticality, shall be included in
the contract. The Assistant Secretary for
Health, Safety and Security (or
designee) shall be consulted to
determine if a non-agreement State or a
facility located in a non-agreement State
has been reviewed by any other DOE
office to establish that the State agency
has the essential authority and resources
for enforcing the radiation protection
standards. This is to assure reasonable
consistency in the assessment of
radiation protection in non-agreement
States and subsequent use of 952.223–
72.
(e) In a situation where the contractor
or subcontractor is performing DOE
work at more than one location,
inclusion of either, or both, 952.223–71,
Integration of Environment, Safety, and
Health into Work Planning and
Execution, and 952.223–72, Radiation
Protection and Nuclear Criticality, may
be appropriate. In such cases, the
contract or subcontract must include
language to specify the extent of
applicability of each clause used. For
example, with a parenthetical:
(Applicable only to work performed at
a contractor site which has 952.223–71
or 952.223–72 clause in its contract or
subcontract).
(f) Except as prescribed in 970.1504–
8(c), the contracting officer shall insert
the clause at 952.223–76, Conditional
Payment of Fee or Profit—Safeguarding
Restricted Data and Other Classified
Information and Protection of Worker
Safety and Health, in all contracts that
contain both the clause at 952.204–2,
Security Requirements, and the clause
at 952.250–70, Nuclear Hazards
Indemnity Agreement.
(g) Except as prescribed in 970.1504–
8(c), the contracting officer shall insert
the clause at 952.223–77, Conditional
Payment of Fee or Profit—Protection of
Worker Safety and Health, in all
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contracts that do not contain the clause
at 952.204–2, Security Requirements,
but that do contain the clause at
952.250–70, Nuclear Hazards Indemnity
Agreement.
PART 925—FOREIGN ACQUISITION
925.102
[Redesignated as 925.103]
110. Redesignate 925.102 as 925.103.
■ 111. Revise newly designated 925.103
to read as follows:
■
925.103
Exceptions.
[Removed]
112. Sections 925.105 and 925.108 in
subpart 925.1 are removed.
■
925.204
Bid guarantees.
120. Add a new section 928.103 to
subpart 928.1 to read as follows:
■
928.103 Performance and payment bonds
for other than construction contracts.
928.301
[Amended]
121. Section 928.301 is amended by
adding ‘‘part’’ before ‘‘950’’.
■
928.370
[Amended]
122. Section 928.370(b) introductory
text is amended by removing the ‘‘:’’ and
adding in its place ‘‘—’’.
■
(a) Contracting officers may make the
determination required by FAR
25.103(a), provided such determination
is factually supported in writing. If the
contract is estimated to exceed $1
million, the Head of the Contracting
Activity shall approve the
determination.
925.105 and 925.108
928.101
[Removed]
113. Section 925.204 in subpart 925.2
is removed.
■ 114. The heading of subpart 925.7 is
revised to read as follows:
■
PART 931—CONTRACT COST
PRINCIPLES AND PROCEDURES
123. Add a new section 931.205 to
subpart 931.2 to read as follows:
■
931.205
Selected costs.
124. Section 931.205–19 is amended
by revising the section heading;
redesignating paragraph (h) as (f);
removing ‘‘48 CFR’’; and adding ‘‘,
Insurance-litigation and claims,’’ after
‘‘952.231–71’’.
The revision reads as follows:
■
931.205–19
*
*
Subpart 925.7—Prohibited Sources
931.205–32
925.702
Insurance and Indemnification.
*
*
*
■
[Redesignated as 925.701–70]
115. Redesignate section 925.702 as
925.701–70.
■ 116. Revise newly designated section
925.701–70 to read as follows:
■
925.701–70
Prohibited sources.
No contract may be awarded to a
company owned by an entity controlled
by a foreign government if performance
of the contract will require access to
proscribed information. See subpart
904.71 for additional guidance.
925.7003
[Amended]
125. Section 931.205–32 is amended
by removing the word ‘‘Precontract’’, in
the section heading, and paragraphs
(b)(1) and (b)(4), and adding in its place
‘‘Pre-contract’’; and by removing the
word ‘‘precontract’’ in paragraphs (a),
(b) introductory text, (b)(2), and (b)(4),
and adding in its place ‘‘pre-contract’’.
■ 126. Section 931.205–33 is amended
by revising the heading to read as
follows:
931.205–33 Professional and consultant
service costs.
*
[Amended]
117. Section 925.7003 is amended by
removing the ‘‘:’’ in paragraph (a)
introductory text and adding in its place
‘‘—’’; removing the ‘‘,’’ in paragraph
(a)(1) and adding in its place ‘‘;’’; and
removing the ‘‘:’’ in paragraph (b)
introductory text and adding in its place
‘‘—’’.
■
PART 928—BONDS AND INSURANCE
*
*
*
*
127. Section 931.205–47 is amended
by revising the heading and removing
the ‘‘;’’ in paragraph (h)(2) introductory
text and adding in its place ‘‘—’’.
The revision reads as follows:
■
931.205–47 Costs related to legal and
other proceedings.
*
*
*
*
*
PART 932—CONTRACT FINANCING
118. The heading for subpart 928.1 is
revised to read as follows:
■
Subpart 928.1—Bonds and Other
Financial Protections
932.006 Reduction or suspension of
contract payments upon finding of fraud.
■
119. Add a new section 928.101 to
subpart 928.1 to read as follows:
■
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128. Add a new section 932.006 to
part 932 to read as follows:
129. The heading in subpart 932.1 is
revised to read as follows:
■
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Subpart 932.1—Non-Commercial Item
Purchase Financing
130. Section 932.102 is amended by
revising the heading to read as follows:
■
932.102 Description of contract financing
methods.
*
*
*
*
*
131. Add a new section 932.304 to
subpart 932.2 to read as follows:
■
932.304
Procedures.
132. Add a new section 932.501 to
subpart 932.5 to read as follows:
■
932.501
General.
932.605
[Amended]
133. Section 932.605(b) is amended in
the first sentence by removing ‘‘DOE’’
and adding in its place ‘‘Department of
Energy (DOE)’’.
■
932.7003
[Amended]
134. Section 932.7003(e) introductory
text is amended by removing the ‘‘:’’ and
adding in its place ‘‘—’’.
■
932.7004–3
[Amended]
135. Section 932.7004–3 introductory
text is amended by removing the ‘‘:’’ and
adding in its place ‘‘—’’.
■
PART 933—PROTESTS, DISPUTES,
AND APPEALS
Subpart 933.1—Protests
136. Section 933.102 is amended by
revising the section heading; and in
paragraph (b), adding ‘‘(HCA)’’ after
‘‘Activities’’.
The revision reads as follows:
■
933.102
General.
*
*
*
*
■ 137. Section 933.103 is revised to read
as follows:
jlentini on DSKJ8SOYB1PROD with RULES3
Protests to the agency.
(i) Protests filed with the contracting
officer before or after award shall be
decided by the HCA except for the
following cases, which shall be decided
by the Senior Procurement Executive:
(1) The protester requests that the
protest be decided by the Senior
Procurement Executive.
(2) The HCA is the contracting officer
of record at the time the protest is filed,
having signed either the solicitation
where the award has not been made, or
the contract, where the award or
nomination of the apparent successful
offeror has been made.
(3) The HCA concludes that one or
more of the issues raised in the protest
have the potential for significant impact
on Department of Energy (DOE)
acquisition policy.
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138. Section 933.104 is amended by
revising the section heading; removing
‘‘GAO’’ in paragraph (b) (first
occurrence) and adding in its place
‘‘Government Accountability Office
(GAO)’’; and removing ‘‘Head of the
Contracting Activity’’ in paragraphs (b),
in two places, and (c), and adding in its
place ‘‘HCA’’.
The revision reads as follows:
■
*
933.103
(j) The Department of Energy
encourages direct negotiations between
an offeror and the contracting officer in
an attempt to resolve protests. In those
situations where the parties are not able
to achieve resolution, the Department
favors the use of alternative dispute
resolution (ADR) techniques to resolve
protests. A protest requesting a decision
at the Headquarters level shall state
whether the protester is willing to
utilize ADR techniques such as
mediation or nonbinding evaluation of
the protest by a neutral party. Both the
protester and the Department must agree
that the use of such techniques is
appropriate. If the parties do not
mutually agree to utilize ADR
techniques to resolve the protest, the
protest will be processed in accordance
with the procedures set forth in
paragraph (k).
(k) Upon receipt of a protest lodged
with the Department, the contracting
officer shall prepare a report similar to
that discussed in FAR 33.104(a)(3)(iv).
The Senior Procurement Executive (for
protests at the Headquarters level or
those specific HCA protests cited in
paragraph (i) of this section) or an HCA
(for protests at the contracting activity
level) will render a decision on a protest
within 35 calendar days, unless a longer
period of time is determined to be
needed.
933.104
*
Protests to GAO.
*
933.106
*
*
PART 936—CONSTRUCTION AND
ARCHITECT-ENGINEER CONTRACTS
936.202
[Amended]
141. Section 936.202 is amended by
removing, in paragraph (d) ‘‘the
regulations prescribed by the General
Accounting Office in sections 3020–10
and 3030 of Title 7 of GAO Manual for
Guidance of Federal Agencies’’ and
adding in its place ‘‘internal financial
procedures’’; and removing ‘‘therefor’’
in paragraph (e) after ‘‘payments’’.
■
936.602–70
[Amended]
142. Section 936.602–70 is amended
by removing ‘‘required by 936.601,’’ in
the introductory paragraph; removing
the ‘‘:’’ in paragraph (a) in the first line
and adding in its place ‘‘—’’; removing
the ‘‘:’’ in paragraph (a)(7) and adding in
its place ‘‘; or’’; and removing the ‘‘:’’ in
paragraph (b)(1) introductory text and
adding in its place ‘‘—’’.
■
Subpart 936.7—[Removed and
Reserved]
143. Subpart 936.7 consisting of
936.702 is removed and reserved.
■
PART 939—ACQUISITION OF
INFORMATION TECHNOLOGY
939.7001
[Removed and Reserved]
144. Section 939.7001 is removed and
reserved.
■
939.7002
[Amended]
145. Section 939.7002 is amended by
removing ‘‘48 CFR’’ in paragraph (b),
second sentence; removing the ‘‘:’’ at the
end of paragraph (c) introductory text
and adding in its place ‘‘—’’; and
removing the ‘‘,’’ in paragraph (c)(1) and
adding in its place ‘‘;’’.
■
PART 941—ACQUISITION OF UTILITY
SERVICES
941.201–71
*
36367
[Amended]
146. Section 941.201–71 is amended
by removing ‘‘48 CFR’’.
■
[Amended]
■
139. Section 933.106 is amended by
removing ‘‘48 CFR’’ in paragraphs (a),
(b), and (c).
PART 942—CONTRACT
ADMINISTRATION AND AUDIT
SERVICES
PART 935—RESEARCH AND
DEVELOPMENT CONTRACTING
■
935.010
[Amended]
140. Section 935.010(c) is amended by
removing after ‘‘thereto,’’ the remainder
of the first sentence and adding in its
place ‘‘electronically to the Department
of Energy (DOE) Energy Link System
(E-link) at https://www.osti.gov/.’’
■
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147. Part 42 title is revised to read as
set forth above.
■ 148. Section 942.270–2 is revised to
read as follows:
942.270–2
Contract clause.
The clause at 952.242–70, Technical
Direction, or a clause substantially the
same, may be inserted in solicitations
and contracts when a designated
Contracting Officer’s Representative will
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942.705–1 Contracting officer
determination procedure.
issue technical direction to the
contractor under the contract.
■ 149. Add a new section 942.705 to
subpart 942.7 to read as follows:
942.705
*
*
*
*
151. Section 942.705–3 is amended by
revising the heading to read as follows:
150. Section 942.705–1 is amended by
revising the heading to read as follows:
942.705–3
Educational institutions.
*
*
*
*
*
Section
‘‘Policy’’
‘‘Policy’’
‘‘Policy’’
‘‘Policy’’
...................................................................
...................................................................
...................................................................
...................................................................
153. Subpart 947.5 is removed.
952.204–75
952.204–76
[Amended]
161. Section 952.000 is amended by
removing the first ‘‘DOE’’ and adding in
its place ‘‘Department of Energy (DOE)’’
and removing the second ‘‘DOE
contract’’ and adding in its place
‘‘Department of Energy Acquisition
Regulation’’.
■
[Amended]
154. Section 947.7001 is amended by
removing ‘‘DOE Order 551.1’’ and
adding in its place ‘‘DOE Order 551.1C,
or its successor’’.
■
[Amended]
952.203–70
155. Section 947.7002 is amended by
removing ‘‘48 CFR’’.
156. The heading for part 950 is
revised to read as follows:
952.204–2
■
[Amended]
157. Section 950.7000 is amended by
removing ‘‘DOE’’ and adding in its place
‘‘the Department of Energy (DOE)’’.
■
[Amended]
158. Section 950.7002 is amended by
removing the ‘‘:’’ following the
introductory text of the definition of
Person indemnified and adding in its
place ‘‘—’’.
■
159. Section 951.101 is amended by
removing ‘‘DOE’’ and adding in its place
‘‘Department of Energy (DOE)’’.
[Amended]
160. Section 951.102 is amended by
removing in paragraph (c)(1) ‘‘Property’’
and adding in its place ‘‘Resource’’.
■
18:22 Jul 21, 2009
Security requirements.
*
*
*
*
*
SECURITY (AUG 2009)
*
*
*
*
[Amended]
164. Section 952.204–72 is amended
by removing ‘‘Classification’’ and
adding in its place ‘‘Classification/
Declassification’’.
■
[Amended]
VerDate Nov<24>2008
952.204–2
952.204–72
■
951.102
163. Section 952.204–2 clause is
amended by:
■ a. Revising the date of the clause to
read as set forth below; and
■ b. Removing ‘‘in effect on the date of
award.’’ in paragraph (b) and adding in
its place ‘‘as incorporated into the
contract.’’; and adding ‘‘, Facility
Clearance,’’ in paragraph (l) in the
second sentence after ‘‘DEAR 952.204–
73’’.
The revision reads as follows:
*
PART 951—USE OF GOVERNMENT
SOURCES BY CONTRACTORS
951.101
[Amended]
■
PART 950—EXTRAORDINARY
CONTRACTUAL ACTIONS AND THE
SAFETY ACT
950.7002
162. Section 952.203–70 introductory
text is amended by removing ‘‘48 CFR’’.
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952.204–73
[Amended]
165. Section 952.204–73 is amended
by adding a ‘‘,’’ after ‘‘Interests’’ in the
introductory text; and removing the ‘‘:’’
in paragraphs (b)(1) introductory text
and (c) introductory text and adding in
its place ‘‘—’’.
■
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and
and
and
and
Assistance
Assistance
Assistance
Assistance
Policy’’
Policy’’
Policy’’
Policy’’
[Amended]
166. Section 952.204–75 introductory
text is amended by removing ‘‘48 CFR’’.
■
[Amended]
167. Section 952.204–76 is amended
by removing ‘‘48 CFR DEAR’’ in the
introductory text; and removing the
word ‘‘Restricted’’ in clause paragraph
(a)(3) and adding in its place
‘‘restricted’’.
■
952.204–77
[Amended]
■
■
950.7000
‘‘Procurement
‘‘Procurement
‘‘Procurement
‘‘Procurement
952.000
Subpart 947.5—[Removed]
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Add
PART 952—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
PART 947—TRANSPORTATION
947.7002
152. In the table below, for each
section indicated in the left column,
remove the word indicated in the
middle column from where it appears in
the section, and add the words in the
right column:
Remove
942.705–1(a)(3) ......................................................
942.705–3(a)(2) ......................................................
942.705–4 ...............................................................
942.705–5 ...............................................................
947.7001
[Amended]
■
*
■
Final indirect cost rates.
■
■
942.705
[Amended]
168. Section 952.204–77 clause is
amended by removing the ‘‘:’’ in
paragraph (b) introductory text and
adding in its place ‘‘—’’; and removing
the ‘‘,’’ in paragraph (b)(1).
■
952.209–8
[Amended]
169. Section 952.209–8 introductory
text is amended by removing ‘‘48 CFR’’.
■
952.209–72
[Amended]
170. Section 952.209–72 is amended
by:
■ a. Revising the date of the clause to
read as set forth below;
■ b. Adding, in clause paragraph
(b)(1)(i), an ‘‘e’’ to ‘‘therefor’’ and
removing ‘‘DEAR 9.507–2’’ and adding
in its place ‘‘48 CFR 909.507–2’’;
■ c. Removing the ‘‘:’’ at the end of
clause paragraph (b)(2)(i) introductory
text and adding in its place ‘‘—’’.
■ d. Removing ‘‘FAR part 13’’ in
Alternate I, paragraph (f)(1) and adding
in its place ‘‘48 CFR part 13’’;
■ e. Removing ‘‘FAR 37.201’’ in
Alternate I, paragraph (f)(1) and adding
in its place ‘‘48 CFR 2.101’’; and
■ f. Removing ‘‘DEAR 909.507–1’’ in
Alternate I, paragraph (f)(2) and adding
in its place ‘‘48 CFR 909.507–1’’.
The revision reads as follows:
■
952.209–72
interest.
*
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Organizational conflicts of
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*
*
Federal Register / Vol. 74, No. 139 / Wednesday, July 22, 2009 / Rules and Regulations
ORGANIZATIONAL CONFLICTS OF
INTEREST (AUG 2009)
*
*
*
952.211–70
*
*
[Amended]
171. Section 952.211–70 introductory
text is amended by removing the ‘‘.’’ at
the end of the introductory paragraph
and adding in its place ‘‘:’’; and
removing ‘‘officer’’ in the clause and
adding in its place ‘‘Officer.’’ removing
‘‘(End of clause)’’ at the end of the
provision and adding in its place ‘‘(End
of provision)’’.
■
952.211–71
172. Section 952.211–71 introductory
text is amended by removing the ‘‘.’’ at
the end of the introductory paragraph
and adding in its place ‘‘:’’
■
[Amended]
173. Section 952.215–70 is amended
by:
■ a. Removing ‘‘48 CFR’’ in the
introductory text; and
■ b. Removing in clause paragraph (a)
‘‘48 CFR’’ and adding in its place
‘‘DEAR’’.
■ 174. Section 952.216–7 is revised to
read as follows:
■
952.216–7
Allowable cost and payment.
As prescribed in 916.307(a), when
contracting with a commercial
organization modify paragraph (a) of the
clause at FAR 52.216–7 by adding the
phrase ‘‘as supplemented by subpart
931.2 of the Department of Energy
Acquisition Regulations (DEAR),’’ after
FAR subpart 31.2.
952.216–15
[Amended]
178. Section 952.223–72 introductory
text is amended by removing
‘‘923.7002’’ and adding in its place
‘‘923.7003’’.
■
952.223–75
[Amended]
179. Section 952.223–75 introductory
text is amended by removing, ‘‘The
contracting officer shall insert this’’ and
adding in its place ‘‘As prescribed at
923.7003(h), insert the’’.
■
952.223–76
[Amended]
180. Section 952.223–76 is amended
by:
■ a. Revising the date of the clause to
read as set forth below;
■ b. Removing in the introductory text
‘‘48 CFR (DEAR) 923.7002(f)’’ and
adding in its place ‘‘923.7003(f)’’.
■ c. Removing ‘‘data’’ in clause
paragraph (a)(3) and adding in its place
‘‘Data’’;
■ d. Removing ‘‘48 CFR 952.223–76
(b)(2)’’ in clause paragraph (b)(1) and
adding in its place ‘‘paragraph (b)(2) of
this clause’’.
■ e. Removing ‘‘48 CFR 923.7001(b)’’ in
clause paragraph (b)(1) and adding in its
place ‘‘48 CFR 923.7002(a)(2)’’; and
■ f. Removing ‘‘WS&H only)’’ in clause
paragraph (b)(1) in the last sentence and
adding in its place ‘‘worker safety and
health (WS&H) only’’.
The revision reads as follows:
[Amended]
952.223–76 Conditional payment of fee or
profit—safeguarding restricted data and
other classified information and protection
of worker safety and health.
*
*
*
*
*
175. Section 952.216–15 clause is
amended by:
■ a. Revising the date of the clause
alternate to read as set forth below; and
■ b. Removing ‘‘(j)’’ after ‘‘916.307’’ and
adding in its place ‘‘(g)’’; and removing
‘‘31.3’’ and adding in its place ‘‘31.4’’.
The revision reads as follows:
CONDITIONAL PAYMENT OF FEE OR
PROFIT—SAFEGUARDING
RESTRICTED DATA AND OTHER
CLASSIFIED INFORMATION AND
PROTECTION OF WORKER SAFETY
AND HEALTH (AUG 2009)
952.216–15
rates.
952.223–77
■
Predetermined indirect cost
*
*
*
*
Alternate (AUG 2009):
*
*
*
*
*
■ 176. The section heading for 952.223
is revised to read as follows:
jlentini on DSKJ8SOYB1PROD with RULES3
*
952.223 Clauses related to environment,
energy and water efficiency, renewable
energy technologies, occupational safety,
and drug-free workplace.
952.223–71
[Amended]
177. Section 952.223–71 introductory
text is amended by removing
‘‘923.7002’’ and adding in its place
‘‘923.7003’’; and removing ‘‘48 CFR’’.
■
VerDate Nov<24>2008
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*
*
*
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[Amended]
181. Section 952.223–77 is amended
by:
■ a. Revising the date of the clause to
read as set forth below; and
■ b. Removing in the introductory text
‘‘48 CFR (DEAR) 923.7002(g)’’ and
adding in its place ‘‘923.7003(g)’’ and
removing ‘‘48 CFR 952.223–77 (b)(2)’’ in
paragraph (b)(1) and adding in its place
‘‘paragraph (b)(2) of this clause’’.
The revision reads as follows:
■
952.223–77 Conditional payment of fee or
profit—protection of worker safety and
health.
*
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*
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CONDITIONAL PAYMENT OF FEE OR
PROFIT—PROTECTION OF WORKER
SAFETY AND HEALTH (AUG 2009)
*
*
*
952.224–70
■
■
[Amended]
952.215–70
952.223–72
36369
*
*
[Removed]
182. Section 952.224–70 is removed.
952.225–70
[Amended]
183. Section 952.225–70 paragraph (b)
is revised to read as follows:
■
952.225–70 Subcontracting for nuclear hot
cell services.
*
*
*
*
*
(b) In selecting a competitive offer for
a first-tier subcontract acquisition of
nuclear hot cell services, the contractor
shall—
(1) Consider neither costs related to
the decommissioning of nuclear waste
facilities nor costs related to the storage
and disposal of nuclear waste; or
(2) Add these costs to offers of foreign
companies, if—
(i) One or more of the offers is
submitted by a United States company
and includes costs related to the
decommissioning of nuclear facilities
and costs related to the storage and
disposal of nuclear waste because it is
subject to such cost; and
(ii) One or more of the offers is
submitted by a foreign company and
does not include these types of costs. (A
foreign company might not be subject to
such costs or might not have to include
these types of cost in its offer if the firm
is subsidized in decommissioning
activity or storage and disposal of
nuclear waste, or a foreign government
is performing the activities below the
actual cost of the activity.)
*
*
*
*
*
952.231–71
[Amended]
184. Section 952.231–71 is amended
by:
■ a. Revising the date of the clause to
read as set forth below;
■ b. Removing in the introductory text,
‘‘48 CFR 931.205–19’’ and adding in its
place, ‘‘931.205–19(f)’’.
■ c. Removing, in the clause heading,
‘‘Insurance-Litigation’’ and adding in its
place ‘‘Insurance—Litigation’’
■ d. Removing the ‘‘,’’ in paragraph
(h)(1) and (h)(2) and adding in its place
a ‘‘;’’; and
■ e. Removing ‘‘unreimbursable’’ in
paragraph (k) and adding in its place
‘‘non-reimbursable’’.
The revision reads as follows:
■
952.231–71
claims.
*
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*
Insurance-litigation and
*
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*
*
36370
Federal Register / Vol. 74, No. 139 / Wednesday, July 22, 2009 / Rules and Regulations
in its place ‘‘Department of Energy
(DOE) Order 551.1C, or its successor’’.
The revision reads as follows:
INSURANCE–LITIGATION AND
CLAIMS (AUG 2009)
*
*
952.233–2
*
*
*
952.247–70
[Amended]
185. Section 952.233–2 is amended by
removing ‘‘48 CFR’’ in the introductory
text; and removing ‘‘General
Accounting’’ in paragraph (c) and
adding in its place ‘‘Government
Accountability’’.
■
952.233–4
[Amended]
186. Section 952.233–4 clause is
amended by:
■ a. Revising the date of the provision
to read as set forth below; and
■ b. Removing ‘‘General Accounting’’ in
paragraph (a) and adding in its place
‘‘Government Accountability’’.
The revision reads as follows:
■
952.233–4 Notice of protest file
availability.
*
*
*
*
*
NOTICE OF PROTEST FILE
AVAILABILITY (AUG 2009)
*
*
952.233–5
*
*
*
[Amended]
187. Section 952.233–5 is amended by
removing ‘‘48 CFR’’ in the introductory
text; and adding ‘‘48 CFR’’ before
‘‘933.103’’ in the clause.
■
952.235–70
■
[Removed]
188. Section 952.235–70 is removed.
952.235–71
[Amended]
189. Section 952.235–71 is amended
by:
■ a. Removing ‘‘48 CFR Part’’ in the
introductory text;
■ b. Removing the ‘‘:’’ in clause
paragraph (c) in the first sentence and
adding in its place ‘‘—’’;
■ c. Adding ‘‘of Energy (DOE)’’ in clause
paragraph (c) introductory text after
‘‘Department’’; and
■ d. Removing the ‘‘,’’ in clause
paragraph (c)(3) after ‘‘or’’.
■
952.242–70
[Amended]
190. Section 952.242–70 is amended
by removing ‘‘48 CFR’’ in the
introductory text; and removing the ‘‘:’’
in paragraphs (c) introductory text and
(e) introductory text and adding in its
place ‘‘—’’.
■
jlentini on DSKJ8SOYB1PROD with RULES3
952.247–70
[Amended]
191. Section 952.247–70 is amended
by:
■ a. Revising the date of the clause to
read as set forth below; and
■ b. Removing ‘‘48 CFR’’ in the
introductory text; and removing ‘‘DOE
Order 551.1,’’ in the clause and adding
■
VerDate Nov<24>2008
18:22 Jul 21, 2009
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*
Foreign travel.
*
*
*
FOREIGN TRAVEL (AUG 2009)
*
*
*
952.250–70
*
*
[Amended]
192. Section 952.250–70 clause is
amended by removing the ‘‘:’’ in
paragraphs (e)(2)(iv)(A) introductory
text and (e)(3) introductory text, and
adding in its place ‘‘—’’.
■
952.251–70
[Amended]
193. Section 952.251–70 is amended
by:
■ a. Revising the date of the clause to
read as set forth below;
■ b. Removing ‘‘48 CFR 951.70’’ in the
introductory text and adding in its place
‘‘951.7002’’; and
■ c. Removing ‘‘Military Traffic
Management Command (MTMC)’’ in
clause paragraph (e), first sentence, and
adding in its place ‘‘Surface Deployment
and Distribution Command (SDDC)’’.
The revision reads as follows:
■
952.251–70
discounts.
*
*
Contractor employee travel
*
*
*
CONTRACTOR EMPLOYEE TRAVEL
DISCOUNTS (AUG 2009)
*
*
*
*
*
194. In the table below, for
introductory text for each section
indicated in the left column, remove the
punctuation indicated in the middle
column from where it appears in the
section, and add the punctuation in the
right column:
■
Remove
Section
952.204–2 ........................
952.204–70 ......................
952.204–71 ......................
952.204–72 ......................
952.204–73 ......................
952.204–75 ......................
952.204–76 ......................
952.217–70 ......................
952.208–7 ........................
952.208–70 ......................
952.211–70 ......................
952.211–71 ......................
952.223–72 ......................
952.223–75 ......................
952.223–76 ......................
952.223–77 ......................
952.225–70 ......................
952.236–71 ......................
952.236–72 ......................
952.242–70 ......................
952.250–70 ......................
952.251–70 ......................
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.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
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Add
:
:
:
:
:
:
:
:
:
:
:
:
:
:
:
:
:
:
:
:
:
:
195. Add ‘‘(End of provision)’’ after
the following provisions: 952.204–73,
952.233–2, 952.233–4, and 952.233–5.
■ 196. Add ‘‘(End of clause)’’ at the end
of the following clauses: 952.204–2,
952.204–70, 952.204–71, 952.204–72,
952.208–7, 952.208–70, 952.217–70,
952.223–72, 952.223–75, 952.225–70,
952.231–70, 952.236–71, 952.237–70,
and 952.251–70.
■
PART 970—DOE MANAGEMENT AND
OPERATING CONTRACTS
970.0100
[Amended]
197. Section 970.0100 is amended by
removing in the third sentence, ‘‘48
CFR’’; and removing ‘‘DEAR’’ in the
third sentence before ‘‘Part 970’’.
■
970.0309–1
[Amended]
198. Section 970.0309–1 is amended
by removing ‘‘48 CFR’’.
■
970.0370–1
[Amended]
199. Section 970.0370–1 is amended
by:
■ a. Removing ‘‘DOE’’ in paragraph (a)
and adding in its place ‘‘the Department
of Energy (DOE)’’;
■ b. Removing ‘‘48 CFR’’ in paragraph
(b) and (d);
■ c. Removing the ‘‘:’’in paragraph (b)
introductory text and adding in its place
‘‘—’’;
■ d. Adding ‘‘and’’ in paragraph (b)(8),
after ‘‘;’’;
■ e. Removing the ‘‘;’’ in paragraph
(b)(9), and adding in its place ‘‘.’’; and
■ f. Removing paragraph (b)(10).
■
970.0371–9
[Amended]
200. Section 970.0371–9 is amended
by removing ‘‘48 CFR’’ in both places.
■ 201. In section 970.0404–1, revise the
definition for Classified Information to
read as follows:
■
970.0404–1
Definitions.
*
*
*
*
*
Classified Information means any
information or material that is owned by
or produced for, or is under the control
of the United States Government, and
determined pursuant to provisions of
Executive Order 12958, Classified
National Security Information, April 17,
1995, as amended, or prior orders, or as
authorized under the Atomic Energy Act
of 1954, as amended, to require
protection against unauthorized
disclosure, and is so designated.
*
*
*
*
*
970.0404–2
[Amended]
202. Section 970.0404–2 is amended
by adding ‘‘(DOE)’’ in paragraph (a) in
the first sentence, after ‘‘Energy’’;
■
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Federal Register / Vol. 74, No. 139 / Wednesday, July 22, 2009 / Rules and Regulations
adding ‘‘subpart’’ before ‘‘904.4’’,
‘‘904.70’’ and ‘‘904.71’’ in paragraph (a);
and removing ‘‘48 CFR’’ in paragraph (c)
in the first sentence.
970.0905
970.0404–3
970.1504–1–2
■
203. Section 970.0404–3(b) is
amended by removing ‘‘48 CFR’’ and
adding in its place ‘‘subpart’’.
■
[Amended]
205. Section 970.0407–1–2 is
amended by removing ‘‘48 CFR’’.
■
[Amended]
216. Section 970.0970–1 is amended
by removing ‘‘DOE’’ in paragraph (b) in
the first sentence and adding in its place
‘‘The Department of Energy (DOE)’’.
970.1504–1–4
*
*
970.0970–1
*
*
*
[Amended]
■
[Amended]
217. Section 970.0970–2 is amended
by removing ‘‘48 CFR’’.
218. Section 970.1100–1 is amended
by revising paragraph (a) to read as
follows:
■
[Amended]
207. Section 970.0470–1(d) is
amended by removing ‘‘48 CFR’’.
970.1100–1 Performance-based
contracting.
970.0470–2
(a) It is the policy of the Department
of Energy (DOE) to use, to the maximum
extent practicable, performance-based
contracting methods in its management
and operating contracts. The Office of
Federal Procurement Policy’s Seven
Steps to Performance-Based Acquisition
located at Web site https://
www.acquisition.gov/comp/seven_steps/
home.html provides guidance
concerning the development and use of
performance-based contracting concepts
and methodologies that may be
generally applied to management and
operating contracts. Performance-based
contracts: Describe performance
requirements in terms of results rather
than methods of accomplishing the
work; use measurable (i.e., terms of
quality, timeliness, quantity)
performance standards and objectives
and quality assurance surveillance
plans; provide performance incentives
(positive or negative) where appropriate;
and specify procedures for award or
incentive fee reduction when work
activities are not performed or do not
meet contract requirements.
*
*
*
*
*
■
[Amended]
208. Section 970.0470–2 is amended
by removing ‘‘DEAR’’ in the first
sentence.
■
970.0801–1
[Redesignated as 970.0801–2]
209. Redesignate 970.0801–1 as
970.0801–2.
■
210. Revise newly designated section
970.801–2 to read as follows:
■
970.0801–2
Policy.
The provisions of 48 CFR subpart 8.1,
41 CFR 101–43 (Federal Property
Management Regulation), and 41 CFR
109–43, (Department of Energy (DOE)
Property Management Regulation) apply
to DOE’s management and operating
contracts.
211. Section 970.0808 is revised to
read as follows:
■
970.0808 Acquisition of printing and
related supplies.
970.0808–1
[Redesignated]
212. Redesignate 970.0808–1 as
970.0808–00.
■
970.1170–1
213. Amend newly designated section
970.0808–00 by revising the section
heading to read as follows:
jlentini on DSKJ8SOYB1PROD with RULES3
■
970.0808–00
*
*
*
Scope.
*
*
214. The heading for subpart 970.09 is
revised to read as follows:
VerDate Nov<24>2008
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219. Section 970.1170–1 is amended
by removing ‘‘NNSA’’ and adding in its
place ‘‘the National Nuclear Security
Administration (NNSA) Senior’’.
Jkt 217001
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by removing ‘‘48 CFR’’.
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[Amended]
223. Section 970.1504–1–4 is
amended by adding ‘‘subpart’’ after ‘‘48
CFR’’ in paragraphs (a) in the first
sentence, and (e) in the second sentence
and removing ‘‘48 CFR’’ in paragraphs
(b), in the second sentence, (c)(3), and
(f).
■
970.1504–1–5
[Amended]
224. Section 970.1504–1–5 is
amended by removing ‘‘48 CFR’’ in
paragraph (b) and removing the ‘‘:’’ in
paragraphs (b) introductory text and
(b)(3) introductory text and adding in its
place ‘‘—’’.
■
970.1504–1–6
[Amended]
225. Section 970.1504–1–6 is
amended by removing the ‘‘:’’ in
paragraph (b) introductory text and
adding in its place ‘‘—’’.
■
970.1504–1–7
[Amended]
226. Section 970.1504–1–7 is
amended by:
■ a. Removing the ‘‘:’’ in paragraph (b)
introductory text and adding in its place
‘‘—’’;
■ b. Removing ‘‘48 CFR’’ in paragraph
(b)(4);
■ c. Removing ‘‘48 CFR 91504–1–5’’ in
paragraph (d) in the third sentence and
adding in its place ‘‘915.404–4–71–5’’;
and
■ d. Removing ‘‘48 CFR’’ in paragraphs
(d), in the last sentence, and (e), in two
places.
■
[Amended]
227. Section 970.1504–1–8 paragraphs
(a) and (c) are amended by removing
‘‘48 CFR’’.
■
970.1504–1–9
[Amended]
228. Section 970.1504–1–9 is
amended by removing the ‘‘:’’ in
paragraphs (e)(1) introductory text,
(e)(2) introductory text, and (e)(3)
■
[Amended]
■
■
970.1504–1–8
[Amended]
■
970.1170–2
■
[Amended]
222. Section 970.1504–1–3 is
amended by:
■ a. Removing, in paragraph (b)(1), ‘‘48
CFR 970.31’’ and adding in its place
‘‘subpart 970.31’’;
■ b. Removing ‘‘48 CFR’’ in paragraph
(b)(2) in three places; and
■ c. Removing ‘‘48 CFR’’ in paragraphs
(c)(1), (c)(2), and (c)(3), both
occurrences.
■
206. Section 970.0407–1–3 is
amended by removing ‘‘48 CFR’’.
■
970.0470–1
970.1504–1–3
970.0970–2
204. Section 970.0404–4(b) is
amended by removing ‘‘48 CFR’’ in both
places.
■
970.0407–1–3
[Amended]
970.0905 Organizational and consultant
conflicts of interest.
[Amended]
970.0407–1–2
[Amended]
221. Section 970.1504–1–2 is
amended by removing the ‘‘:’’ in
paragraph (e)(2) introductory text and
adding in its place ‘‘—’’; and removing
‘‘48 CFR’’ in paragraphs (f) and (h).
■
215. Section 970.0905 is amended by
revising the section heading; and
removing ‘‘48 CFR’’ in the paragraph.
The revision reads as follows:
[Amended]
970.0404–4
Subpart 970.09—Contractor
Qualifications
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970.1504–5
introductory text, and adding in its
place ‘‘—’’; and removing ‘‘48 CFR’’ in
paragraph (h).
970.1504–1–10
[Amended]
229. Section 970.1504–1–10 is
amended by removing ‘‘48 CFR’’ in two
places.
[Amended]
230. Section 970.1504–1–11 is
amended by removing ‘‘48 CFR’’ before
‘‘970’’.
■
970.1504–2
232. Section 970.1504–5 is amended
by removing ‘‘48 CFR’’ in paragraphs (a)
introductory text, (b)(1), (b)(2), (c), and
(d).
c. Removing the ‘‘:’’ in paragraph (c)
introductory text and adding in its place
‘‘—’’; and
■ d. Removing the ‘‘,’’ after ‘‘; and’’ in
paragraph (c)(1) at the end of the
paragraph.
970.1707–2
970.2200
■
■
■
970.1504–1–11
[Amended]
[Amended]
[Amended]
233. Section 970.1707–2 is amended
by removing the ‘‘:’’ in the introductory
text and adding in its place ‘‘—’’; and
removing the ‘‘,’’ after ‘‘and’’ in
paragraph (d).
■
970.1707–3
[Amended]
234. Section 970.1707–3 is amended
by:
■ a. Removing the ‘‘:’’ in paragraph (b)
introductory text and adding in its place
‘‘—’’;
■ b. Removing the ‘‘,’’ after ‘‘and’’ in
paragraph (b)(3);
■
231. Section 970.1504–2 is amended
in paragraph (a)(4) by removing
‘‘obligational’’ and adding in its place,
‘‘obligation’’, and in paragraph (c) by
removing ‘‘48 CFR’’ in both places.
■
[Amended]
235. Section 970.2200 is amended by
adding ‘‘(DOE)’’ after ‘‘Energy’’.
■
970.2201–2–2
[Amended]
236. Section 970.2201–2–2 is
amended by removing ‘‘48 CFR’’.
■
970.2204–1–1
[Amended]
237. Section 970.2204–1–1 is
amended by:
■ a. In the table below, for each section
indicated in the left column, remove the
word indicated in the middle column
from where it appears in the section,
and add the word in the right column:
■
Section
Remove
970.2204–1–1(a) introductory text and (a)(2) .................................................................................
970.2204–1–1 (c)(1) introductory text, (c)(2)(i), (c)(4), and (c)(5) ..................................................
970.2204–1–1 (d) ............................................................................................................................
‘‘noncovered’’ ............
‘‘noncovered’’ ............
‘‘noncovered’’ ............
And
970.2303–2
b. Removing in paragraphs (c)(1)(i),
(c)(1)(ii) and (c)(1)(iii), the ‘‘;’’ and
adding in its place a ‘‘.’’.
■
■
970.2210
[Amended]
238. Section 970.2210 is amended by
removing ‘‘48 CFR’’ and adding ‘‘(x)’’
after ‘‘970.5244–1’’.
■
970.2270
239. Section 970.2270(b)(2)
introductory text is amended by
removing the ‘‘:’’ at the end of the
paragraph and adding in its place ‘‘—’’.
■
240. The heading for subpart 970.23 is
revised to read as follows:
■
Subpart 970.23—Environment, Energy
and Water Efficiency, Renewable
Energy Technologies, Occupational
Safety and Drug-Free Work Place
[Redesignated as 970.2303–2–
241. Redesignate 970.2303–1 as
970.2303–2–70.
■
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970.2803–2
Jkt 217001
[Amended]
250. Section 970.2803–2 is amended
by removing ‘‘48 CFR’’.
■
970.2902–1
246. Section 970.2304–2 is amended
by removing ‘‘48 CFR (DEAR)’’ in the
first and second sentences and removing
‘‘:’’ at the end of the introductory text
and adding in its place ‘‘—’’.
970.2902–1
[Redesignated as 970.2902–3]
■
■
970.2305–4
[Amended]
247. Section 970.2305–4(a) is
amended by removing ‘‘48 CFR’’.
■
970.2306
[Amended]
248. Section 970.2306 is amended by
removing ‘‘48 CFR’’ in paragraph (a)
before ‘‘970.5223–4’’ and removing ‘‘48
CFR’’ in paragraph (b)(2).
■
970.2803–1
242. Amend newly designated
970.2303–2–70 by adding ‘‘970.5215–
3,’’ before ‘‘Conditional’’ in the first
sentence of paragraph (c)(1); and by
removing ‘‘Environment, Safety and
Health’’ from paragraph (c)(2)(ii) and
adding in its place ‘‘Health, Safety and
Security’’.
■
‘‘non-covered’’.
‘‘non-covered’’.
‘‘non-covered’’.
(b)(3) and adding in its place, ‘‘Office of
Resource Management’’; and
■ c. Removing the ‘‘:’’ in paragraph
(b)(2) introductory text and adding in its
place ‘‘—’’.
970.2304 Use of recovered materials and
biobased products.
[Amended]
970.2303–1
70]
[Redesignated as 970.2303–3]
243. Redesignate 970.2303–2 as
970.2303–3.
■ 244. Amend newly designated
970.2303–3(a) introductory text by
removing the ‘‘:’’ and adding in its place
‘‘—’’.
■ 245. The section heading for 970.2304
is revised to read as follows:
Add
[Amended]
249. Section 970.2803–1 is amended
by:
■ a. Removing ‘‘extrastatutory’’ in
paragraph (a)(2)(iii), and adding in its
place ‘‘extra-statutory’’;
■ b. Removing ‘‘Office of Contract and
Resource Management’’ in paragraphs
(b)(1) introductory text, (b)(2)(iv), and
■
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251. Redesignate 970.2902–1 as
970.2902–3 and revise the section
heading to read as follows:
Other Federal tax exemptions.
*
*
*
*
*
■ 252. Amend newly designated section
970.2902–3 by removing the first ‘‘DOE’’
from paragraph (a) and adding in its
place ‘‘the Department of Energy
(DOE)’’; and by redesignating
paragraphs (b) and (c) as paragraphs (c)
and (d) respectively.
970.2903–1
[Redesignated as 970.2903–2]
253. Redesignate section 970.2903–1
as 970.2903–2 and revise the section
heading to read as follows:
■
970.2903–2 Application of State and local
taxes to the Government.
*
*
*
*
*
254. Amend newly designated
970.2903–2 by removing the ‘‘:’’ from
the introductory text and adding in its
place ‘‘—’’; by adding ‘‘and’’ after
‘‘exemptions;’’ in paragraph (a); and by
■
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removing the ‘‘:’’ and adding in its place
‘‘—’’ in paragraph (b) introductory text.
■ 255. Section 970.2904–1 is amended
by revising paragraph (a) and removing
‘‘48 CFR’’ in paragraph (b).
The revision reads as follows:
■
970.2904–1
contracts.
■
Management and operating
(a) Pursuant to 48 CFR 29.401–4(b),
the clause at 48 CFR 52.229–10, State of
New Mexico Gross Receipts and
Compensating Tax, is applicable to
management and operating contracts
that meet the three conditions stated.
The contracting officer shall modify
paragraph (b) of the clause to replace the
phrase ‘‘Allowable Cost and Payment’’
with the phrase ‘‘Payments and
Advances.’’
*
*
*
*
*
■ 256. The heading for subpart 970.30 is
revised to read as follows:
257. Section 970.3002–1 is amended
by revising the heading to read as
follows:
■
CAS applicability.
*
*
*
*
*
■ 258. Section 970.3101–9 is amended
by revising the heading to read as
follows:
970.3101–9
Advance agreements.
*
*
*
*
*
■ 259. Section 970.3101–10 is amended
by revising the heading and removing
‘‘48 CFR’’ in paragraphs (a) and (b).
The revision reads as follows:
970.3101–10 Indirect cost rate certification
and penalties on unallowable costs.
*
*
*
*
970.3102–3–70
*
260. Section 970.3102–3–70 is
amended by removing ‘‘48 CFR’’ in
paragraphs (a) introductory text and
(a)(3)(i) and removing the ‘‘:’’ in
paragraph (a)(3) introductory text and
adding in its place ‘‘—’’.
■ 261. Section 970.3102–05 is amended
by revising the heading to read as
follows:
Selected costs.
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*
*
*
*
*
262. Section 970.3102–05–4 is
amended by revising the heading and
removing ‘‘48 CFR’’ from paragraph (d).
The revision reads as follows:
■
970.3102–05–4
*
*
*
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Bonding costs.
*
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970.3102–05–70
[Amended]
274. Section 970.3102–05–70 is
amended by removing ‘‘48 CFR’’.
■
970.3170
[Amended]
275. Section 970.3170 is amended by
removing ‘‘48 CFR’’ from the
introductory text.
*
*
*
*
264. Section 970.3102–05–18 is
amended by revising the heading to read
as follows:
■
970.3102–05–18 Independent research and
development and bid and proposal costs.
■
*
*
*
*
*
970.3102–05–19
*
[Amended]
970.3102–05–22
activity costs.
970.3200
[Amended]
276. Section 970.3200 is amended by
removing ‘‘DOE’’ and adding in its place
‘‘the Department of Energy (DOE)’’.
970.3200–1–1
265. Section 970.3102–05–19 is
amended by removing ‘‘48 CFR’’.
■ 266. Section 970.3102–05–22 is
amended by revising the heading to read
as follows:
■
Lobbying and political
*
*
*
*
*
267. Section 970.3102–05–28 is
amended by revising the heading to read
as follows:
970.3102–05–28
Other business expenses.
*
*
[Amended]
277. Section 970.3200–1–1 is
amended by removing ‘‘48 CFR’’.
■
970.3204–1
[Amended]
278. Section 970.3204–1 is amended
by adding ‘‘for Non-Commercial Items’’
after ‘‘Advance Payments’’ in paragraph
(a) and removing the ‘‘:’’ in paragraph
(c) introductory text and adding in its
place ‘‘—’’.
■
970.3270
[Amended]
970.3102–05–30 [Redesignated as
970.3102–05–30–70]
268. Redesignate 970.3102–05–30 as
970.3102–05–30–70.
■ 269. Amend newly designated
970.3102–05–30–70(b) introductory text
by removing the ‘‘:’’ and adding in its
place ‘‘—’’.
■ 270. Add a new section 970.3102–05–
30 to subpart 970.31 to read as follows:
279. Section 970.3270 is amended by
removing ‘‘48 CFR’’ before ‘‘970’’ in
paragraphs (a)(1), (a)(2), (a)(3), (a)(4),
(a)(5), (a)(6), (b)(1), and (b)(2) and
adding ‘‘— Modifications’’ after ‘‘Data’’
in paragraph (a)(2) in the second
sentence.
970.3400–1
*
*
*
■
970.3102–05–30
Patent costs.
271. Section 970.3102–05–33 is
amended by revising the heading to read
as follows:
■
*
*
*
*
*
■ 272. Section 970.3102–05–46 is
amended by revising paragraph (a)(5) to
read as follows:
970.3102–05–46
Travel costs.
970.3102–05–47 Costs related to legal and
other proceedings.
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*
*
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■
[Amended]
280. Section 970.3400–1 is amended
by removing ‘‘DOE’’ (first occurrence)
and adding in its place ‘‘the Department
of Energy (DOE)’’.
■
970.3500
[Amended]
281. Section 970.3500 is amended by
adding ‘‘(DOE)’’ after ‘‘Energy’’.
■
970.3501–1
[Amended]
282. Section 970.3501–1 is amended
by removing ‘‘48 CFR’’ in paragraph
(c)(2); and removing ‘‘nonsponsor’’ in
paragraph (b)(3), and adding in its place,
‘‘non-sponsor’’.
■
970.3501–2
(a) * * *
(5) An advance agreement (see 48 CFR
31.109 and 970.3101–9) with respect to
compliance with paragraphs (a)(2) and
(a)(3) of this subsection may be useful
and desirable.
*
*
*
*
*
■ 273. Section 970.3102–05–47 is
amended by revising the heading to read
as follows:
*
*
19:33 Jul 21, 2009
Compensation for personal
970.3102–05–33 Professional and
consultant service costs.
[Amended]
■
970.3102–05
970.3102–05–6
services.
■
970.30 Cost Accounting Standards
Administration.
970.3002–1
263. Section 970.3102–05–6 is
amended by revising the heading to read
as follows:
36373
[Amended]
283. Section 970.3501–2 is amended
by removing ‘‘nonsponsor’’ and adding
in its place, ‘‘non-sponsor’’.
■
970.3501–3
[Amended]
284. Section 970.3501–3 is amended
by removing ‘‘48 CFR 970.1702–1(b)’’ in
paragraph (b) introductory text and
adding in its place ‘‘970.1706–1(b).
■
970.3501–4
[Amended]
285. Section 970.3501–4 is amended
by removing ‘‘48 CFR’’.
■
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970.3605–1
[Amended]
970.4302–1
286. Section 970.3605–1 is amended
by removing ‘‘in’’ before ‘‘48 CFR’’ and
adding in its place ‘‘at’’.
970.3605–2
970.5070–1
■
■
[Amended]
287. Section 970.3605–2 is amended
by removing ‘‘in 48 CFR’’ and adding in
its place ‘‘at’’.
■
970.3770–1
[Amended]
288. Section 970.3770–1 is amended
by removing the first ‘‘DOE’’ and adding
in its place ‘‘the Department of Energy
(DOE)’’.
■
970.4102–1
[Amended]
970.4401–1
970.4401–2
970.4102–1
970.4402–3
Policy.
*
*
*
*
(c) The requirements of 48 CFR part
41, this section, and DOE Order 430.2,
or its successor, shall be applied to a
subcontract level acquisition for
furnishing utility services to a facility
owned or leased by DOE.
970.4207–03–02
[Amended]
290. Section 970.4207–03–02 is
amended by:
■ a. Removing ‘‘48 CFR’’ wherever it
appears in paragraph (a) introductory
text;
■ b. Removing the ‘‘,’’ in paragraph
(a)(2) introductory text and adding in its
place ‘‘—’’;
■ c. Removing ‘‘Department’s’’ in
paragraph (a)(2)(ii) and adding in its
place ‘‘Civilian’’; and
■ d. Removing ‘‘was’’ in paragraph
(a)(2)(iii), and adding in its place
‘‘Was’’.
■
970.4207–03–70
[Amended]
291. Section 970.4207–03–70 is
amended by removing ‘‘48 CFR’’.
■ 292. Section 970.4207–05–01 is
amended by revising the section
heading and removing the ‘‘:’’ in
paragraph (b)(4) introductory text and
adding in its place ‘‘—’’.
The revision reads as follows:
■
970.4207–05–01 Contracting officer
determination procedure.
*
*
*
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*
*
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[Amended]
295. Section 970.4401–2 is amended
by removing the ‘‘:’’ in paragraph (a)
introductory text and adding in its place
‘‘—’’.
■
970.4401–3
*
[Amended]
294. Section 970.4401–1 is amended
by adding ‘‘(DOE)’’ after ‘‘Energy’’ in
paragraph (a); and removing the ‘‘:’’ in
paragraphs (b) introductory text and
(b)(4) introductory text and adding in its
place ‘‘—’’.
289. Section 970.4102–1 is amended
by:
■ a. Removing the first ‘‘DOE’’ in
paragraph (a) and adding in its place
‘‘the Department of Energy (DOE)’’;
■ b. Removing ‘‘directives in subseries
4540 (Public Services).’’ in paragraph (b)
in the second sentence and adding in its
place ‘‘Order 430.2, or its successor.’’;
and
■ c. Revising paragraph (c) to read as
follows:
■
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[Amended]
293. Section 970.4302–1 is amended
by removing ‘‘48 CFR’’.
■
[Amended]
296. Section 970.4401–3 is amended
by removing the ‘‘:’’ in paragraph (a)(1)
introductory text and adding in its place
‘‘—’’.
■
970.4402–2
[Amended]
297. Section 970.4402–2 is amended
by removing the ‘‘:’’ in paragraphs (d)
introductory text and (d)(2) introductory
text and adding in its place ‘‘—’’.
■
[Amended]
298. Section 970.4402–3 is amended
by:
■ a. Removing the ‘‘:’’ in paragraphs (a)
introductory text, (b) introductory text,
and (c)(1) introductory text and adding
in its place ‘‘—’’;
■ b. Removing ‘‘therefor’’ in paragraph
(a)(3) in the second sentence, and
adding in its place ‘‘therefore’’;
■ c. Removing the ‘‘,’’ in paragraph
(b)(1) and adding in its place a ‘‘;’’;
■ d. Removing ‘‘48 CFR 970.3102–3–21’’
in paragraph (c)(1)(i) and adding in its
place ‘‘48 CFR 31.205–26(e);’’; and
■ e. Removing ‘‘48 CFR’’ the second
occurrence in paragraph (c)(1)(ii).
■
970.4402–4
[Amended]
299. Section 970.4402–4 is amended
by removing the ‘‘:’’ in paragraph (a)
introductory text and adding in its place
‘‘—’’.
■ 300. The heading to subpart 970.50 is
revised to read as follows:
■
Subpart 970.50—Extraordinary
Contractual Actions and the Safety Act
970.5004
[Redesignated as 970.5001]
301. Redesignate section 970.5004 as
970.5001.
■
970.5004–1
[Redesignated as 970.5001–4]
302. Redesignate section 970.5004–1
as 970.5001–4.
■ 303. Amend newly designated
970.5001–4 by adding ‘‘Alternate I,’’
after ‘‘85–804,’’.
■
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[Amended]
304. Section 970.5070–1 is amended
by removing ‘‘DOE’’ from paragraph (a)
and adding in its place ‘‘the Department
of Energy (DOE)’’; and removing ‘‘48
CFR’’ from paragraph (b) and adding in
its place ‘‘subpart’’.
■
970.5070–2
[Amended]
305. Section 970.5070–2 is amended
by adding a ‘‘—’’ after ‘‘be’’ at the end
of the introductory text; and removing
the ‘‘,’’ in paragraph (a) and adding in
its place a ‘‘;’’.
■
970.5070–3
[Amended]
306. Section 970.5070–3 is amended
in paragraph (a), in two places, and in
paragraph (b) by removing ‘‘48 CFR’’.
■
970.5203–1
[Amended]
307. Section 970.5203–1 is amended
by removing ‘‘48 CFR’’ in both places in
the introductory text, and in clause
paragraph (a)(4), in the last sentence, by
adding ‘‘48 CFR’’ before ‘‘970.5232–3’’.
■
970.5203–2
[Amended]
308. Section 970.5203–2 introductory
text is amended by removing ‘‘48 CFR’’.
■
970.5203–3
[Amended]
309. Section 970.5203–3 is amended
by removing ‘‘48 CFR’’ in the
introductory text.
■
970.5204–1
[Amended]
310. Section 970.5204–1 introductory
text is amended by removing ‘‘48 CFR’’
in three places.
■
970.5204–2
[Amended]
311. Section 970.5204–2 introductory
text is amended by removing ‘‘48 CFR’’.
■
970.5204–3
[Amended]
312. Section 970.5204–3 introductory
text is amended by removing ‘‘48 CFR’’.
■
970.5208–1
[Amended]
313. Section 970.5208–1 introductory
text is amended by removing ‘‘48 CFR’’.
■
970.5209–1
[Amended]
314. Section 970.5209–1 introductory
text is amended by removing ‘‘48 CFR’’.
■
970.5215–1
[Amended]
315. Section 970.5215–1 is amended
by:
■ a. Removing ‘‘48 CFR’’ in the
introductory text;
■ b. Removing the ‘‘:’’ at the end of
clause paragraphs (d)(1) introductory
text and (d)(3) introductory text and
adding in its place ‘‘—’’;
■ c. Removing in paragraph (d)(1)(i),
‘‘prior’’ and adding in its place, ‘‘Prior’’;
■
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d. Removing in paragraph (d)(1)(ii)
‘‘not’’ and adding in its place, ‘‘Not’’;
■ e. Removing in paragraphs (d)(3)(i)
and (d)(3)(ii), ‘‘of such’’ and adding in
its place, ‘‘Of such’’;
■ f. Removing in paragraph (d)(3)(iii)
‘‘if’’ and adding in its place, ‘‘If’’; and
■ g. Removing ‘‘48 CFR’’ in the
introductory text for Alternate
paragraphs I, II, III and IV.
■
970.5215–3
[Amended]
316. Section 970.5215–3 is amended
by:
■ a. Revising the date of the clause and
the two alternates to read as set forth
below;
■ b. Removing ‘‘48 CFR 970.1504–
5(c)(1)’’ in the introductory text and
adding in its place ‘‘970.1504–5(b)(1)’’;
■ c. Removing ‘‘48 CFR 970.1504–
5(c)(2)’’ in the introductory text of
Alternate I and adding in its place
‘‘970.1504–5(b)(2)’’;
■ d. Removing ‘‘48 CFR 970.1504–
5(c)(3)’’ in the introductory text of
Alternate II and adding in its place
‘‘970.1504–5(b)(3)’’;
■ e. Removing the ‘‘:’’ in clause
paragraphs (a)(1) introductory text,
(b)(4)(v) introductory text and Alternate
II (e)(1) introductory text and adding in
its place ‘‘—’’;
■ f. Removing ‘‘232.1A’’ in clause
paragraph (c)(3)(i) and adding in its
place ‘‘231.1–2’’; and
■ g. Removing ‘‘in contracts awarded on
a cost plus award fee, incentive fee or
multiple fee basis’’ in Alternate II
introductory text.
The revision reads as follows:
■
970.5215–3 Conditional payment of fee,
profit, and other incentives—facility
management contracts.
*
*
*
*
*
d. Removing the ‘‘a’’ at the beginning
of paragraphs (b)(1) and (b)(2) of the
Shared Net Savings definition and
adding in its place ‘‘A’’;
■ e. Removing the ‘‘:’’ in paragraphs
(c)(2) introductory text, (d) introductory
text, and (e) introductory text and
adding in its place ‘‘—’’; and
■ f. Removing ‘‘rewardable’’ and
‘‘rewarded’’ in paragraph (j) and adding
in their places ‘‘awardable’’ and
‘‘considered’’, respectively.
The revision reads as follows:
■
970.5215–4
*
*
*
*
COST REDUCTION (AUG 2009)
*
*
970.5215–5
*
*
*
[Amended]
318. Section 970.5215–5 introductory
text is amended by removing ‘‘48 CFR
970.1504–5(e),’’ and adding in its place
‘‘970.1504–5(d)’’.
■
970.5217–1
[Amended]
970.5222–1
[Amended]
320. Section 970.5222–1 introductory
text is amended by removing ‘‘48 CFR’’.
[Amended]
321. Section 970.5222–2 is amended
by removing ‘‘48 CFR’’ in the
introductory text; and removing the ‘‘:’’
in paragraphs (c) introductory text, and
(c)(5) introductory text and adding in
their places ‘‘—’’.
■
970.5223–1
*
■
*
*
*
*
Alternate I (AUG 2009)
*
*
*
*
*
Alternate II (AUG 2009)
*
*
*
970.5215–4
*
*
[Amended]
317. Section 970.5215–4 is amended
by:
■ a. Revising the date of the clause to
read as set forth below;
■ b. Removing ‘‘48 CFR 970.1504–5(d)’’
from the introductory text and adding in
its place, ‘‘970.1504–5(c)’’;
■ c. Removing the ‘‘:’’ in paragraph (b),
at the end of the introductory text of the
Shared Net Savings definition, and
adding in its place ‘‘—’’;
■
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[Amended]
322. Section 970.5223–1 is amended
by removing ‘‘48 CFR 970.2303–2(a)’’ in
the introductory text and adding in its
place ‘‘970.2303–3(b)’’; and removing
the ‘‘:’’ in clause paragraph (c)
introductory text and adding in its place
‘‘—’’.
■ 323. The section heading for
970.5223–3 is revised to read as follows:
970.5223–3 Agreement regarding
Workplace Substance Abuse Programs at
DOE sites.
*
*
970.5223–4
*
*
*
[Amended]
324. Section 970.5223–4 is amended
by removing ‘‘48 CFR’’ in the
■
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970.5228–1
[Amended]
325. Section 970.5228–1 is amended
by:
■ a. Revising the date of clause to read
as set forth below;
■ b. Removing ‘‘48 CFR’’ in the
introductory text.
■ c. Removing the ‘‘,’’ in clause
paragraphs (e)(1), (h)(1) and (h)(2) and
adding in its place a ‘‘;’’; and
■ d. Removing ‘‘unreimbursable’’ in
clause paragraph (k) and adding in its
place ‘‘non-reimbursable’’.
The revision reads as follows:
■
970.5228–1
claims.
*
*
Insurance—litigation and
*
*
*
INSURANCE—LITIGATION AND
CLAIMS (AUG 2009)
*
*
970.5229–1
*
*
[Amended]
326. Section 970.5229–1 is amended
by removing ‘‘48 CFR’’ in the
introductory text; and removing
‘‘Insurance-Litigation’’ in clause
paragraph (b), last sentence, and adding
in its place, ‘‘Insurance—Litigation’’.
■
970.5231–4
[Amended]
327. Section 970.5231–4 introductory
text and the Alternates I and II
introductory text are amended by
removing ‘‘48 CFR’’.
■ 328. The section heading for
970.5232–1 is revised and in the
introductory text by removing ‘‘48
CFR’’.
The revision reads as follows:
■
■
970.5222–2
introductory text; and removing ‘‘prime
contractor’’ in clause paragraph (c)(2),
two occurrences and adding in its place,
‘‘Prime Contractor’’.
*
319. Section 970.5217–1 is amended
by:
■ a. Removing ‘‘48 CFR (DEAR)’’ in the
introductory text;
■ b. Removing the ‘‘:’’ in clause
paragraphs (c) introductory text and
(c)(9) introductory text and adding in its
place ‘‘—’’; and
■ c. Adding ‘‘(End of clause)’’ after the
clause 970.5217–1.
■
CONDITIONAL PAYMENT OF FEE,
PROFIT, AND OTHER INCENTIVES—
FACILITY MANAGEMENT
CONTRACTS (AUG 2009)
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Cost reduction.
*
36375
970.5232–1 Reduction or suspension of
advance, partial, or progress payments.
*
*
*
970.5232–2
*
*
[Amended]
329. Section 970.5232–2 is amended
by:
■ a. Removing ‘‘48 CFR’’ in Alternate I
and in the introductory text of
Alternates II, III, and IV;
■ b. Removing ‘‘therefor’’ in clause
paragraphs (b) in the second and third
sentences, and in clause paragraph (i) in
the second sentence, and add in its
place, ‘‘therefore’’;
■ c. Removing the ‘‘:’’ in clause
paragraphs (e) introductory text, (e)(2)
introductory text, and (e)(2)(iv) and
adding in its place ‘‘—’’;
■ d. Removing the ‘‘,’’ in clause
paragraphs (e)(1), and (e)(3)(i) and
adding in its place a ‘‘;’’;
■
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e. Removing the ‘‘,’’ in clause
paragraph (e)(3)(ii);
■ f. Revising the last sentence of
paragraph (e)(2)(iv)(B);
■ g. Removing the ‘‘,’’in clause
paragraph (e)(3) introductory text and
adding in its place ‘‘—’’; and
■ h. Adding ‘‘(End of clause)’’ after
clause 970.5232–2, and before Alternate
I.
The revision reads as follows:
■
970.5232–2
Payments and advances.
*
*
*
*
*
(e) * * *
(2) * * *
(iv) * * *
(B) * * * In addition, the contractor
shall provide prompt notice to the
contracting officer of all potential claims
under this clause, whether in litigation
or not (see Contract Clause, 48 CFR
970.5228–1, Insurance—Litigation and
Claims);
*
*
*
*
*
970.5232–3
[Amended]
330. Section 970.5232–3 is amended
by:
■ a. Revising the date of the clause to
read as set forth below;
■ b. Removing ‘‘48 CFR 970.3270(a)(2)’’,
in the introductory text and adding in
its place, ‘‘970.3270(a)(2)’’;
■ c. Removing in clause paragraph (d),
last sentence, ‘‘ownership of records’’
and adding in its place, ‘‘Ownership of
Records’’;
■ d. Removing ‘‘General Accounting’’ in
clause paragraph (h)(3) introductory text
and adding in its place ‘‘Government
Accountability’’;
■ e. Removing the ‘‘:’’ at the end of
clause paragraph (i)(1) introductory text
and adding in its place ‘‘—’’;
■ f. Removing in the last sentence of
clause paragraph (j), ‘‘970.5242–1’’ and
adding in its place ‘‘48 CFR 970.5242–
1’’ and removing ‘‘unallowable costs’’
and adding in its place ‘‘Unallowable
costs’’; and
■ g. Removing in Alternate I,
introductory paragraph, ‘‘48 CFR
970.3270(a)(2)(i),’’ and adding in its
place, ‘‘970.3270(a)(2),’’; and adding ‘‘—
Modifications’’ after ‘‘Data’’.
The revision reads as follows:
■
970.5232–3
inspection.
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*
*
Accounts, records, and
*
*
*
ACCOUNTS, RECORDS AND
INSPECTION (AUG 2009)
*
*
*
970.5232–4
*
*
[Amended]
331. Section 970.5232–4 is amended
by:
■
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a. Removing in the introductory text,
‘‘48 CFR 970.3270(a)(3),’’ and adding in
its place, ‘‘970.3270(a)(3),’’;
■ b. Removing the ‘‘:’’ at the end of
paragraph (b) introductory text and
adding in its place ‘‘—’’;
■ c. Removing ‘‘contract,’’ at the end of
clause paragraph (b)(1), and adding in
its place ‘‘contract;’’;
■ d. Removing ‘‘agrees’’ at the end of
clause paragraph (d) introductory text
and adding in its place, ‘‘agrees—’’;
■ e. Removing ‘‘directives,’’ in clause
paragraphs (d)(1) and (d)(2) and adding
in its place ‘‘directives;’’;
■ f. Removing ‘‘to’’ at the beginning of
clause paragraphs (d)(1), (d)(2), and
(d)(3), and adding in its place, ‘‘To’’;
and
■ g. Removing in Alternate I, ‘‘48 CFR
970.3270(a)(3)(i),’’ and adding in its
place, ‘‘970.3270(a)(3)’’.
■ 332. The sections 970.5232–5,
970.5232–6, 970.5232–7 and 970.5232–
8 are amended by removing in the
introductory text, ‘‘48 CFR’’.
■ 333. The following sections are
amended by adding at the end of each
clause, ‘‘(End of clause)’’, 970.5217–1,
970.5232–2, 970.5232–5, 970.5232–6,
970.5232–7, and 970.5232–8.
■
970.5235–1
[Amended]
334. Section 970.5235–1 is amended
by removing ‘‘48 CFR 970.3501–4,’’ in
the introductory text, and adding in its
place, ‘‘970.3501–4,’’ and adding
‘‘(DOE)’’ after the first use of ‘‘Energy’’
in clause paragraph (a).
■
970.5236–1
[Amended]
335. Section 970.5236–1 introductory
text, is amended by removing ‘‘in 48
CFR 970.3605–2,’’ and adding in its
place ‘‘at 970.3605–2,’’.
■ 336. Section 970.5242–1 is revised to
read as follows:
■
regulation, or this contract, is specifically
named and stated to be unallowable.
(2) A cost determined unallowable is one
which, for that contractor—
(i) Was subject to a contracting officer’s
final decision and not appealed;
(ii) The Civilian Board of Contract Appeals
or a court has previously ruled as
unallowable; or
(iii) Was mutually agreed to be
unallowable.
(d) If the Contracting Officer determines
that a cost submitted by the Contractor in its
submission for settlement of cost incurred
is—
(1) Expressly unallowable, then the
Contracting Officer shall assess a penalty in
an amount equal to the disallowed cost
allocated to this contract plus interest on the
paid portion of the disallowed cost. Interest
shall be computed from the date of
overpayment to the date of repayment using
the interest rate specified by the Secretary of
the Treasury pursuant to Pub. L. 92–41 (85
Stat. 97); or
(2) Determined unallowable, then the
Contracting Officer shall assess a penalty in
an amount equal to two times the amount of
the disallowed cost allocated to this contract.
(e) The Contracting Officer may waive the
penalty provisions when—
(1) The Contractor withdraws the
submission before the formal initiation of an
audit of the submission and submits a
revised submission;
(2) The amount of the unallowable costs
allocated to covered contracts is $10,000 or
less; or
(3) The Contractor demonstrates to the
Contracting Officer’s satisfaction that—
(i) It has established appropriate policies,
personnel training, and an internal control
and review system that provides assurances
that unallowable costs subject to penalties
are precluded from the Contractor’s
submission for settlement of costs; and
(ii) The unallowable costs subject to the
penalty were inadvertently incorporated into
the submission.
(End of clause)
970.5243–1
[Amended]
As prescribed in 970.4207–03–70,
insert the following clause:
337. Section 970.5243–1 introductory
text is amended by removing ‘‘48 CFR’’.
■ 338. Section 970.5244–1 is revised to
read as follows:
PENALTIES FOR UNALLOWABLE
COSTS (AUG 2009)
970.5244–1
system.
(a) Contractors which include unallowable
cost in a submission for settlement for cost
incurred, may be subject to penalties.
(b) If, during the review of a submission for
settlement of cost incurred, the Contracting
Officer determines that the submission
contains an expressly unallowable cost or a
cost determined to be unallowable prior to
the submission, the Contracting Officer shall
assess a penalty.
(c) Unallowable costs are either expressly
unallowable or determined unallowable.
(1) An expressly unallowable cost is a
particular item or type of cost which, under
the express provisions of an applicable law,
As prescribed in 970.4403 insert the
following clause:
970.5242–1
costs.
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■
Contractor purchasing
CONTRACTOR PURCHASING
SYSTEM (AUG 2009)
(a) General. The Contractor shall develop,
implement, and maintain formal policies,
practices, and procedures to be used in the
award of subcontracts consistent with this
clause and 48 CFR subpart 970.44. The
Contractor’s purchasing system and methods
shall be fully documented, consistently
applied, and acceptable to the Department of
Energy (DOE) in accordance with 48 CFR
970.4401–1. The Contractor shall maintain
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file documentation which is appropriate to
the value of the purchase and is adequate to
establish the propriety of the transaction and
the price paid. The Contractor’s purchasing
performance will be evaluated against such
performance criteria and measures as may be
set forth elsewhere in this contract. DOE
reserves the right at any time to require that
the Contractor submit for approval any or all
purchases under this contract. The
Contractor shall not purchase any item or
service, the purchase of which is expressly
prohibited by the written direction of DOE,
and shall use such special and directed
sources as may be expressly required by the
DOE Contracting Officer. DOE will conduct
periodic appraisals of the Contractor’s
management of all facets of the purchasing
function, including the Contractor’s
compliance with its approved system and
methods. Such appraisals will be performed
through the conduct of Contractor Purchasing
System Reviews in accordance with 48 CFR
subpart 44.3, or, when approved by the
Contracting Officer, through the Contractor’s
participation in the conduct of the Balanced
Scorecard performance measurement and
performance management system. The
Contractor’s approved purchasing system and
methods shall include the requirements set
forth in paragraphs (b) through (y) of this
clause.
(b) Acquisition of utility services. Utility
services shall be acquired in accordance with
the requirements of 48 CFR subpart 970.41.
(c) Acquisition of Real Property. Real
property shall be acquired in accordance
with 48 CFR subpart 917.74.
(d) Advance Notice of Proposed
Subcontract Awards. Advance notice shall be
provided in accordance with 48 CFR
970.4401–3.
(e) Audit of Subcontractors. (1) The
Contractor shall provide for—
(i) Periodic post-award audit of costreimbursement subcontractors at all tiers;
and
(ii) Audits, where necessary, to provide a
valid basis for pre-award or cost or price
analysis.
(2) Responsibility for determining the costs
allowable under each cost-reimbursement
subcontract remains with the contractor or
next higher-tier subcontractor. The
Contractor shall provide, in appropriate
cases, for the timely involvement of the
Contractor and the DOE Contracting Officer
in resolution of subcontract cost allowability.
(3) Where audits of subcontractors at any
tier are required, arrangements may be made
to have the cognizant Federal agency perform
the audit of the subcontract. These
arrangements shall be made administratively
between DOE and the other agency involved
and shall provide for the cognizant agency to
audit in an appropriate manner in light of the
magnitude and nature of the subcontract. In
no case, however, shall these arrangements
preclude determination by the DOE
Contracting Officer of the allowability or
unallowability of subcontractor costs claimed
for reimbursement by the Contractor.
(4) Allowable costs for cost reimbursable
subcontracts are to be determined in
accordance with the cost principles of 48
CFR Part 31, appropriate for the type of
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Jkt 217001
organization to which the subcontract is to be
awarded, as supplemented by 48 CFR part
931. Allowable costs in the purchase or
transfer from contractor-affiliated sources
shall be determined in accordance with 48
CFR 970.4402–3 and 48 CFR 31.205–26(e).
(f) Bonds and Insurance. (1) The Contractor
shall require performance bonds in penal
amounts as set forth in 48 CFR 28.102–2(a)
for all fixed-priced and unit-priced
construction subcontracts in excess of
$100,000. The Contractor shall consider the
use of performance bonds in fixed-price nonconstruction subcontracts, where
appropriate.
(2) For fixed-price, unit-priced and cost
reimbursement construction subcontracts in
excess of $100,000, a payment bond shall be
obtained on Standard Form 25A modified to
name the Contractor as well as the United
States of America as obligees. The penal
amounts shall be determined in accordance
with 48 CFR 28.102–2(b).
(3) For fixed-price, unit-priced and costreimbursement construction subcontracts
greater than $25,000, but not greater than
$100,000, the Contractor shall select two or
more of the payment protections at 48 CFR
28.102–1(b), giving particular consideration
to the inclusion of an irrevocable letter of
credit as one of the selected alternatives.
(4) A subcontractor may have more than
one acceptable surety in both construction
and other subcontracts, provided that in no
case will the liability of any one surety
exceed the maximum penal sum for which it
is qualified for any one obligation. For
subcontracts other than construction, a cosurety (two or more sureties together) may
reinsure amounts in excess of their
individual capacity, with each surety having
the required underwriting capacity that
appears on the list of acceptable corporate
sureties.
(g) Buy American. The Contractor shall
comply with the provisions of the Buy
American Act as reflected in 48 CFR 52.225–
1 and 48 CFR 52.225–9. The Contractor shall
forward determinations of non-availability of
individual items to the DOE Contracting
Officer for approval. Items in excess of
$100,000 require the prior concurrence of the
Head of Contracting Activity. If, however, the
Contractor has an approved purchasing
system, the Head of the Contracting Activity
may authorize the Contractor to make
determinations of non-availability for
individual items valued at $100,000 or less.
(h) Construction and Architect-Engineer
Subcontracts. (1) Independent Estimates. A
detailed, independent estimate of costs shall
be prepared for all construction work to be
subcontracted.
(2) Specifications. Specifications for
construction shall be prepared in accordance
with the DOE publication entitled ‘‘General
Design Criteria Manual.’’
(3) Prevention of Conflict of Interest. (i) The
Contractor shall not award a subcontract for
construction to the architect-engineer firm or
an affiliate that prepared the design. This
prohibition does not preclude the award of
a ‘‘turnkey’’ subcontract so long as the
subcontractor assumes all liability for defects
in design and construction and consequential
damages.
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36377
(ii) The Contractor shall not award both a
cost-reimbursement subcontract and a fixedprice subcontract for construction or
architect-engineer services or any
combination thereof to the same firm where
those subcontracts will be performed at the
same site.
(iii) The Contractor shall not employ the
construction subcontractor or an affiliate to
inspect the firm’s work. The contractor shall
assure that the working relationships of the
construction subcontractor and the
subcontractor inspecting its work and the
authority of the inspector are clearly defined.
(i) Contractor-Affiliated Sources.
Equipment, materials, supplies, or services
from a contractor-affiliated source shall be
purchased or transferred in accordance with
48 CFR 970.4402–3.
(j) Contractor-Subcontractor Relationship.
The obligations of the Contractor under
paragraph (a) of this clause, including the
development of the purchasing system and
methods, and purchases made pursuant
thereto, shall not relieve the Contractor of
any obligation under this contract (including,
among other things, the obligation to
properly supervise, administer, and
coordinate the work of subcontractors).
Subcontracts shall be in the name of the
Contractor, and shall not bind or purport to
bind the Government.
(k) Government Property. Identification,
inspection, maintenance, protection, and
disposition of Government property shall
conform with the policies and principles of
48 CFR part 45, 48 CFR part 945, the Federal
Property Management Regulations, 41 CFR
chapter 101, the DOE Property Management
Regulations, 41 CFR chapter 109, and their
contracts.
(l) Indemnification. Except for PriceAnderson Nuclear Hazards Indemnity, no
subcontractor may be indemnified except
with the prior approval of the Senior
Procurement Executive.
(m) Leasing of Motor Vehicles. Contractors
shall comply with 48 CFR subpart 8.11 and
48 CFR subpart 908.11.
(n) [Reserved]
(o) Management, Acquisition and Use of
Information Resources. Requirements for
automatic data processing resources and
telecommunications facilities, services, and
equipment, shall be reviewed and approved
in accordance with applicable DOE Orders
and regulations regarding information
resources.
(p) Priorities, Allocations and Allotments.
Priorities, allocations and allotments shall be
extended to appropriate subcontracts in
accordance with the clause or clauses of this
contract dealing with priorities and
allocations.
(q) Purchase of Special Items. Purchase of
the following items shall be in accordance
with the following provisions of 48 CFR
subpart 8.5, 48 CFR subpart 908.71, Federal
Management Regulation 41 CFR part 102,
and the Federal Property Management
Regulation 41 CFR chapter 101:
(1) Motor vehicles—48 CFR 908.7101
(2) Aircraft—48 CFR 908.7102
(3) Security Cabinets—48 CFR 908.7106
(4) Alcohol—48 CFR 908.7107
(5) Helium—48 CFR subpart 8.5
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(6) Fuels and packaged petroleum
products—48 CFR 908.7109
(7) Coal—48 CFR 908.7110
(8) Arms and Ammunition—48 CFR
908.7111
(9) Heavy Water—48 CFR 908.7121(a)
(10) Precious Metals—48 CFR 908.7121(b)
(11) Lithium—48 CFR 908.7121(c)
(12) Products and services of the blind and
severely handicapped—41 CFR 101–26.701
(r) Purchase versus Lease Determinations.
Contractors shall determine whether required
equipment and property should be purchased
or leased, and establish appropriate
thresholds for application of lease versus
purchase determinations. Such
determinations shall be made—
(1) At time of original acquisition;
(2) When lease renewals are being
considered; and
(3) At other times as circumstances
warrant.
(s) Quality Assurance. Contractors shall
provide no less protection for the
Government in its subcontracts than is
provided in the prime contract.
(t) Setoff of Assigned Subcontractor
Proceeds. Where a subcontractor has been
permitted to assign payments to a financial
institution, the assignment shall treat any
right of setoff in accordance with 48 CFR
932.803.
(u) Strategic and Critical Materials. The
Contractor may use strategic and critical
materials in the National Defense Stockpile.
(v) Termination. When subcontracts are
terminated as a result of the termination of
all or a portion of this contract, the
Contractor shall settle with subcontractors in
conformity with the policies and principles
relating to settlement of prime contracts in 48
CFR subparts 49.1, 49.2 and 49.3. When
subcontracts are terminated for reasons other
than termination of this contract, the
Contractor shall settle such subcontracts in
general conformity with the policies and
principles in 48 CFR subparts 49.1, 49.2, 49.3
and 49.4. Each such termination shall be
documented and consistent with the terms of
this contract. Terminations which require
approval by the Government shall be
supported by accounting data and other
information as may be directed by the
Contracting Officer.
(w) Unclassified Controlled Nuclear
Information. Subcontracts involving
unclassified uncontrolled nuclear
information shall be treated in accordance
with 10 CFR part 1017.
(x) Subcontract Flowdown Requirements.
In addition to terms and conditions that are
included in the prime contract which direct
application of such terms and conditions in
appropriate subcontracts, the Contractor shall
include the following clauses in
subcontracts, as applicable:
(1) Davis-Bacon clauses prescribed in 48
CFR 22.407.
(2) Foreign Travel clause prescribed in 48
CFR 952.247–70.
(3) Counterintelligence clause prescribed
in 48 CFR 970.0404–4(a).
(4) Service Contract Act clauses prescribed
in 48 CFR 22.1006.
(5) State and local taxes clause prescribed
in 48 CFR 970.2904–1.
(6) Cost or pricing data clauses prescribed
in 48 CFR 970.1504–3–1(b).
(y) Legal Services. Contractor purchases of
litigation and other legal services are subject
to the requirements in 10 CFR part 719 and
the requirements of this clause.
(End of Clause)
970.5245–1
[Amended]
339. Section 970.5245–1 is amended
by:
■ a. Removing in the introductory text
and Alternate I, ‘‘48 CFR’’;
■ b. Removing ‘‘regulations’’ in clause
paragraphs (e)(2), three occurrences, and
(i)(1)(i), second sentence, two
occurrences, and adding in its place
‘‘Regulations’’;
■ c. Adding ‘‘(DOE)’’ after ‘‘Energy’’ in
clause paragraph (e)(2); and
■ d. Removing the ‘‘:’’ in clause
paragraphs (f)(1)(i) introductory text, (g)
introductory text, (i)(1)(ii) introductory
text, (j) introductory text, and Alternate
I (j) introductory text and adding in its
place ‘‘—’’.
■
PARTS 901, 903, 906, 915, 931, 933,
949, 951, AND 970—[AMENDED]
340. The sections listed below are
amended by adding the word ‘‘Senior’’
before the word ‘‘Procurement’’ in the
following places:
■ a. Section 901.102 in the first
sentence;
■ b. Section 903.203 in the second
sentence;
■ c. Section 903.603(a);
■
d. Section 906.202(b)(1);
e. Section 906.304(c)(3);
f. Section 915.404–4–71–2;
g. Section 915.404–4–71–3(d), two
places;
■ h. Section 915.404–4–72 paragraphs
(a) introductory text and (b);
■ i. Section 931.205–32(b)(1) second
sentence;
■ j. Section 933.103 in paragraph (f) and
paragraph (i)(1) introductory text;
■ k. Section 933.103(k) in the third
sentence;
■ l. Section 933.104 in paragraphs (b),
(c), and (g)(1), in two places;
■ m. Section 949.111(c);
■ n. Section 951.103(b);
■ o. Section 970.0404–2 in paragraph (c)
in the first sentence;
■ p. Section 970.1170–2;
■ q. Section 970.1504–1–1;
■ r. Section 970.1504–1–2 in paragraphs
(c), (d), (f), (g), and (i)(1);
■ s. Section 970.1504–1–3(b)(1) in the
last sentence;
■ t. Section 970.1504–1–3 in paragraphs
(c)(3) and (4);
■ u. Section 970.1504–1–4 in
paragraphs (b), (c)(2), and (c)(3);
■ v. Section 970.1504–1–7 in paragraph
(e);
■ w. 970.1504–1–9(e) in paragraphs
(e)(1)(v), (e)(2)(vii), (e)(3)(vi), (f) (in two
places), and (i);
■ x. Section 970.1504–1–10;
■ y. Section 970.1504–5 in paragraphs
(a) introductory text, (b)(1), (c), and (d);
■ z. Section 970.1706–1 in paragraphs
(b) and (c);
■ aa. Section 970.2303–1 in paragraph
(c)(1) in the first sentence;
■ bb. Section 970.3101–00–70(a); and
■ cc. Clause 970.5232–5 in paragraph
(a).
■
■
■
■
PARTS 952 AND 970—[AMENDED]
341. In the table below, for each
section indicated in the left column,
remove the word indicated in the
middle column from where it appears in
the section, and add the word in the
right column:
■
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952.203–70(a) and (b) .....................................................................................................................
952.204–70 in eight places .............................................................................................................
952.204–71(a) in five places ...........................................................................................................
952.204–72(a) two places, and (b) .................................................................................................
952.204–73(f) in two places ............................................................................................................
952.204–76(a)(1) in three places, (a)(2) in two places, (a)(3), (b)(1) introductory text, (b)(1)(i),
(b)(1)(ii), (b)(2)(ii), (b)(3), (c) introductory text, (c)(3).
952.204–76(a)(1), (a)(3), (b)(1) introductory text, (c) introductory text, (c)(3)(iii), (c)(3)(iv) ............
952.204–77(a)(2), (b) introductory text, (d) in two places, (e) ........................................................
952.208–7(b) ....................................................................................................................................
952.208–70 first paragraph, (2) .......................................................................................................
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‘‘contractor’’
‘‘contractor’’
‘‘contractor’’
‘‘contractor’’
‘‘contractor’’
‘‘contractor’’
...............
...............
...............
...............
...............
...............
‘‘contractor’s’’ .............
‘‘contractor’’ ...............
‘‘contractor’’ ...............
‘‘contractor’’ ...............
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Add
‘‘Contractor’’
‘‘Contractor’’
‘‘Contractor’’
‘‘Contractor’’
‘‘Contractor’’
‘‘Contractor’’
‘‘Contractor’s’’
‘‘Contractor’’
‘‘Contractor’’
‘‘Contractor’’
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Section
Remove
952.209–72(a), (b) introductory text in three places, (b)(1)(i) in three places, (b)(1)(ii) in three
places, (b)(1)(iii), (b)(2)(i) in two places, (b)(2)(ii), (b)(2)(iii), (c)(1) in two places, (c)(2), (d), Alternate I (f)(1) in two places, Alternate I (f)(2) in four places.
952.209–72(b)(1)(i) ..........................................................................................................................
952.217–70(a) ..................................................................................................................................
952.217–70(a)(1) .............................................................................................................................
952.223–72 in four places ...............................................................................................................
952.223–75 in three places .............................................................................................................
952.223–76(a)(2) in two places, (a)(3), (b)(1) introductory text, (b)(1)(i), (b)(1)(ii), (b)(1)(vi),
(b)(2)(ii), (b)(3), (c) first occurrence.
952.223–76(a)(1), (a)(3), (b)(1), (c) introductory text, (c)(3)(iii), (c)(3)(iv), (d)(1), (d)(3) .................
952.223–77(a)(1) in three places, (a)(2) in two places, (a)(3), (b)(1) introductory text, (b)(1)(i),
(b)(1)(ii), (b)(1)(vi), (b)(2)(ii), (c) introductory text first occurrence.
952.223–77(a)(1), (a)(3), (b)(1) introductory text, (c)(1) introductory text, (c)(3) introductory text
952.231–71(a) in two places, (b) in five places, (c)(1), (c)(2) in two places, (d) in three places,
(e) introductory text, (g) introductory text, (g)(2), (h), (i) in three places, (j)(1) in two places,
(j)(3), (k) introductory text in two places, (l) introductory text in three places, (l)(3) in four
places.
952.231–71(h) introductory text, (l)(3) .............................................................................................
952.235–71(a), (b) introductory text in three places, (b)(3), (c) introductory text, (d) introductory
text, (d)(1) in three places, (d)(2), (d)(3), (d)(5) in four places, (g), (h).
952.235–71(b)(3), (e) .......................................................................................................................
952.237–70 second paragraph of clause ........................................................................................
952.242–70(a)(1), (a)(2), (a)(3), (b), (e) introductory text in four places, (e)(1), (e)(2), (e)(3), (f) ..
952.242–70(c)(5), (e)(1), .................................................................................................................
952.250–70(c) in three places, (d)(1) in three places, (e)(1), (e)(2)(iii), (e)(2)(iv) introductory
text, (e)(2)(vi), (f) in seven places, (g) in two places, (i), (j), (k), Note III in the second paragraph.
952.251–70(a) in two places in the first sentence and the second sentence, (f)(1) in two places
970.5203–1(a)(1) in three places, (a)(2), (a)(4) in two places, (b) .................................................
970.5203–1(a)(3) .............................................................................................................................
970.5203–2(a), (b), (c) in two places, (d) ........................................................................................
970.5203–3(a), (b) in two places, (c) in four places, (d) .................................................................
970.5204–1(a), (b) ...........................................................................................................................
970.5204–2(a) in two places, (b) in seven places, (c), (d) (e) in two places .................................
970.5204–2(b) in two places, (e) .....................................................................................................
970.5204–3(a) in two places, (b), (b)(2) in two places, (b)(3), (b)(5)(iii) second occurrence only,
(c), (d) in four places, (f) in two places, (g).
970.5204–3(b)(2), (b)(5)(ii) ..............................................................................................................
970.5211–1(a) in three places, (b), (c), (d), (e) in two places, (f), (g) in two places .....................
970.5215–1(c)(2), (c)(3) ...................................................................................................................
970.5215–1(c)(1), (c)(3), Alternate III (f) .........................................................................................
970.5215–3(a)(1)(i), (a)(1)(ii), (a)(4), (b)(3)(i), (b)(3)(ii), (b)(3)(vi), (b)(4)(iv) in four places,
(b)(4)(v)(A) in three places, (b)(4)(v)(B) in four places, (c) introductory text in two places, (d)
introductory text, (d)(3) introductory text, Alternate I (a)(1), (a)(3), (b)(3)(i), (b)(3)(ii), (b)(3)(vi),
Alternate II (e) introductory text, Alternate II (f)(3).
970.5215–3(a)(1)(i), (a)(1)(ii), (b)(2), (b)(3), (b)(4)(ii), (b)(4)(iii), (c)(1), (d)(3)(iii), (d)(3)(iv), Alternate I (a)(1), Alternate I (b)(2), Alternate I (b)(3), Alternate II (f)(3).
970.5215–4(b) in two places (definition of administrative cost and definition of design, process
or method change), (i).
970.5217–1(c)(8) .............................................................................................................................
970.5222–2(a), (b), (c) introductory text ..........................................................................................
970.5223–1(b) introductory text in four places, (b)(1), (b)(7) in two places, (c) introductory text
in two places, (d) in two places, (e) in two places, (f) in two places, (g) in four places, (h) in
two places, (i) in two places.
970.5223–1(b) introductory text, (e), (g), (h), (i) .............................................................................
970.5223–2(d) introductory text in three places, (d)(iii) ..................................................................
970.5223–4(a), (b), (c)(1) in two places, (c)(2) in two places, (c)(3) ..............................................
970.5223–4(b) ..................................................................................................................................
970.5228–1(a) in two places, (b) in five places, (c)(1), (c)(2) in two places, (d) in three places,
(e) introductory text, (g) introductory text, (g)(2), (h) introductory text, (i) in two places, (j)(1) in
two places, (j)(3), (k) in two places, (l) introductory text in three places, (l)(3) in four places.
970.5228–1(h) introductory text, (l)(3) .............................................................................................
970.5229–1(a) in six places, (b) in seven places, (c) .....................................................................
970.5231–4(a) in six places, Alternate II (c) in two places, ............................................................
970.5232–1(a), (b) ...........................................................................................................................
970.5232–1(a) ..................................................................................................................................
970.5232–2(a), (b) in two places, (c) in three places, (d) in four places, (e) introductory text,
(e)(1), (e)(2) introductory text, (e)(2)(i), (e)(2)(vi)(A), (e)(2)(vi)(B) in four places, (e)(2)(vi)(C) in
two places, (e)(3), (e)(3)(i), (g), (h) in two places, (i) in two places, Alternate II (a), Alternate
III (k) in four places, Alternate IV (k) in two places.
970.5232–2(c), (e)(2)(i), (e)(2)(iv)(B), (h) ........................................................................................
970.5232–3(a) in four places, (b), (c), (d) in six places, (e), (f), (g), (h)(2) in two places, (i), (i)(1)
introductory text, (i)(1)(iii), (i)(2), (i)(3) the first occurrence, (j) in two places, Alternate I (b).
‘‘contractor’’ ...............
‘‘Contractor’’
‘‘contractor’s’’ .............
‘‘contractor’’ ...............
‘‘contractor’s’’ .............
‘‘contractor’’ ...............
‘‘contractor’’ ...............
‘‘contractor’’ ...............
‘‘Contractor’s’’
‘‘Contractor’’
‘‘Contractor’s’’
‘‘Contractor’’
‘‘Contractor’’
‘‘Contractor’’
‘‘contractor’s’’ .............
‘‘contractor’’ ...............
‘‘Contractor’s’’
‘‘Contractor’’
‘‘contractor’s’’ .............
‘‘contractor’’ ...............
‘‘Contractor’s’’
‘‘Contractor’’
‘‘contractor’s’’ .............
‘‘contractor’’ ...............
‘‘Contractor’s’’
‘‘Contractor’’
‘‘contractor’s’’ .............
‘‘contractor’’ ...............
‘‘contractor’’ ...............
‘‘contractor’s’’ .............
‘‘contractor’’ ...............
‘‘Contractor’s’’
‘‘Contractor’’
‘‘Contractor’’
‘‘Contractor’s’’
‘‘Contractor’’
‘‘contractor’’ ...............
‘‘contractor’’ ...............
‘‘contractor’s’’ .............
‘‘contractor’’ ...............
‘‘contractor’’ ...............
‘‘contractor’’ ...............
‘‘contractor’’ ...............
‘‘contractor’s’’ .............
‘‘contractor’’ ...............
‘‘Contractor’’
‘‘Contractor’’
‘‘Contractor’s’’
‘‘Contractor’’
‘‘Contractor’’
‘‘Contractor’’
‘‘Contractor’’
‘‘Contractor’s’’
‘‘Contractor’’
‘‘contractor’s’’ .............
‘‘contractor’’ ...............
‘‘contractor’’ ...............
‘‘contractor’s’’ .............
‘‘contractor’’ ...............
‘‘Contractor’s’’
‘‘Contractor’’
‘‘Contractor’’
‘‘Contractor’s’’
‘‘Contractor’’
‘‘contractor’s’’ .............
‘‘Contractor’s’’
‘‘contractor’’ ...............
‘‘Contractor’’
‘‘contractor’s’’ .............
‘‘contractor’’ ...............
‘‘contractor’’ ...............
‘‘Contractor’s’’
‘‘Contractor’’
‘‘Contractor’’
‘‘contractor’s’’ .............
‘‘contractor’’ ...............
‘‘contractor’’ ...............
‘‘contractor’s’’ .............
‘‘contractor’’ ...............
‘‘Contractor’s’’
‘‘Contractor’’
‘‘Contractor’’
‘‘Contractor’s’’
‘‘Contractor’’
‘‘contractor’s’’ .............
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‘‘contractor’’ ...............
‘‘contractor’s’’ .............
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‘‘Contractor’s’’
‘‘Contractor’’
‘‘Contractor’’
‘‘Contractor’’
‘‘Contractor’s’’
‘‘Contractor’’
‘‘contractor’s’’ .............
‘‘contractor’’ ...............
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Federal Register / Vol. 74, No. 139 / Wednesday, July 22, 2009 / Rules and Regulations
Section
Remove
970.5232–4(a) in four places, (b) introductory text in two places, (b)(1), (c) in three places, (d)
introductory text in two places.
970.5232–4(b) introductory text, (c) in five places ..........................................................................
970.5232–5(a), (b) in three places ..................................................................................................
970.5232–5(a) ..................................................................................................................................
970.5232–6 in eight places where the word ‘‘the’’ precedes the word ‘‘contractor’’ ......................
970.5232–6 in two places ................................................................................................................
970.5232–7 in four places ...............................................................................................................
970.5232–8 ......................................................................................................................................
970.5235–1(a), (b), (c), (d) ..............................................................................................................
970.5236–1 in two places ................................................................................................................
970.5242–1(c)(2), (d) introductory text, (e)(1), (e)(3) introductory text ...........................................
970.5242–1(e)(3)(i), .........................................................................................................................
970.5243–1(a) in two places, (b) .....................................................................................................
970.5245–1(b) in five places, (c), (d) in eight places, (e)(1), (e)(2), (f)(1)(i) introductory text,
(f)(1)(ii) in three places, (f)(2) introductory text, (f)(3), (g) in two places, (g)(3), (i)(1)(i), (i)(2)(i),
(i)(2)(ii) in three places where the word ‘‘the’’ precedes the word ‘‘contractor’’, (k).
970.5245–1(c), (e)(1), (f)(1)(i)(A), (f)(1)(i)(B), (f)(2) introductory text, (g) introductory text, (i)(1)(i),
(i)(1)(ii)(C), (i)(1)(iii), (j) introductory text the second use of the word, (j)(1), (j)(2), Alternate I
(j) the second use of the word, (j)(1), (j)(2), (j)(3).
‘‘contractor’’ ...............
‘‘Contractor
‘‘contractor’s’’ .............
‘‘contractor’’ ...............
‘‘contractor’s’’ .............
‘‘contractor’’ ...............
‘‘contractor’s’’ .............
‘‘contractor’’ ...............
‘‘contractor’s’’ .............
‘‘contractor’’ ...............
‘‘contractor’’ ...............
‘‘contractor’’ ...............
‘‘contractor’s’’ .............
‘‘contractor’’ ...............
‘‘contractor’’ ...............
‘‘Contractor’s’’
‘‘Contractor’’
‘‘Contractor’s’’
‘‘Contractor’’
‘‘Contractor’s’’
‘‘Contractor’’
‘‘Contractor’s’’
‘‘Contractor’’
‘‘Contractor’’
‘‘Contractor’’
‘‘Contractor’s’’
‘‘Contractor’’
‘‘Contractor’’
‘‘contractor’s’’ .............
‘‘Contractor’s’’
remove the word indicated in the
middle column from where it appears in
PARTS 952 AND 970—[AMENDED]
342. In the table below, for each
section indicated in the left column,
■
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right column:
Remove
952.204–71(a) .......................................................................................................
952.204–76(a)(2), (b)(1) introductory text, (b)(2)(i), (b)(3) ...................................
952.208–70(2) .......................................................................................................
952.208–70(2) .......................................................................................................
952.209–72(b)(1)(i), (b)(1)(ii), (b)(2)(i) introductory text, (c)(1), (c)(2), (e) in two
places, Alternate I (f)(2).
952.217–70(a) introductory text, (b) .....................................................................
952.223–72 in three places ..................................................................................
952.223–76(a)(2), (b)(1) introductory text, (b)(2)(i), (b)(3) ...................................
952.223–77(a)(2), (b)(1) introductory text, (b)(2)(i), (b)(3) ...................................
952.231–71(a) in two places, (b) in five places, (c)(1), (c)(2), (c)(3) in two
places, (d) in two places, (g)(2), (i), (j)(1), (j)(2), (l)(1).
952.231–71(d) .......................................................................................................
952.233–4(a) .........................................................................................................
952.233–5 .............................................................................................................
952.235–70 in four places ....................................................................................
952.235–71(b) introductory text in two places, (b)(3) in four places, (c) introductory text, (d)(5).
952.242–70(b) in two places ................................................................................
952.251–70(a), (f)(2) .............................................................................................
970.5203–1(a)(4) in two places ............................................................................
970.5203–2(c) in two places, (d) ..........................................................................
970.5203–3(a), (b) in two places, (c), (d) .............................................................
970.5204–2(b) in five places, (d) ..........................................................................
970.5204–2(b) .......................................................................................................
970.5204–3(a) in two places, (b), (d) in two places, (g)(1), (g)(2) .......................
970.5215–1(b) in three places, (d)(1)(ii), (d)(3) introductory text, (e) in four
places.
970.5215–1(c)(1) ..................................................................................................
970.5215–3 Alternate I (a)(3), Alternate I (b)(3) in two places ............................
970.5215–3(b)(3)(v) ..............................................................................................
970.5215–4(a), (b) (definition of Shared Net Savings, paragraph (2)), (d) introductory text, (e) in two places, (f), (i).
970.5222–2(b), (c) introductory text in two places ...............................................
970.5223–1(e) in three places, (g) in three places where the word ‘‘the’’ precedes the word ‘‘contracting officer’’.
970.5223–3(b) .......................................................................................................
970.5223–4(c)(1) ..................................................................................................
970.5228–1(a) in two places, (b) in five places, (c)(1), (c)(2), (c)(3) in two
places, (d) in two places, (g)(2), (i), (j)(1), (j)(2), (l)(1).
970.5229–1(a) in five places, (b) in three places .................................................
970.5231–4 Alternate II (c) in two places ............................................................
970.5232–1(a) .......................................................................................................
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‘‘contracting
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officer’’ ................
‘‘Contracting
‘‘Contracting
‘‘Contracting
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‘‘Contracting
Officer’’
Officer’’
Officer’’
Officer’s’’
Officer’’
‘‘contracting
‘‘contracting
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‘‘contracting
‘‘contracting
officer’’
officer’’
officer’’
officer’’
officer’’
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‘‘Contracting
‘‘Contracting
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Officer’’
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‘‘contracting
‘‘contracting
‘‘contracting
‘‘contracting
‘‘contracting
officer’s’’ ..............
officer’’ ................
officer’’ ................
officer’’ ................
officer’’ ................
‘‘Contracting
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‘‘Contracting
‘‘Contracting
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Officer’s’’
Officer’’
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‘‘contracting
‘‘contracting
‘‘contracting
‘‘contracting
‘‘contracting
‘‘contracting
‘‘contracting
‘‘contracting
officer’’ ................
officer’’ ................
officer’’ ................
officer’’ ................
officer’’ ................
officer’’ ................
officer’s’’ ..............
officer’’ ................
officer’’ ................
‘‘Contracting
‘‘Contracting
‘‘Contracting
‘‘Contracting
‘‘Contracting
‘‘Contracting
‘‘Contracting
‘‘Contracting
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Officer’’
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Officer’’
Officer’’
Officer’’
Officer’’
Officer’s’’
Officer’’
Officer’’
‘‘contracting
‘‘contracting
‘‘contracting
‘‘contracting
officer’s’’ ..............
officer’’ ................
officer’s’’ ..............
officer’’ ................
‘‘Contracting
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‘‘Contracting
‘‘Contracting
Officer’s’’
Officer’’
Officer’s’’
Officer’’
‘‘contracting officer’’ ................
‘‘contracting officer’’ ................
‘‘Contracting Officer’’
‘‘Contracting Officer’’
‘‘contracting officer’’ ................
‘‘contracting officer’’ ................
‘‘contracting officer’’ ................
‘‘Contracting Officer’’
‘‘Contracting Officer’’
‘‘Contracting Officer’’
‘‘contracting officer’’ ................
‘‘contracting officer’’ ................
‘‘contracting officer’’ ................
‘‘Contracting Officer’’
‘‘Contracting Officer’’
‘‘Contracting Officer’’
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Federal Register / Vol. 74, No. 139 / Wednesday, July 22, 2009 / Rules and Regulations
Section
Remove
970.5232–2(a) in four places, (b) in two places, (c) in three places, (e),
(e)(2)(iv)(B) in two places, (f), (g), (h) in two places, (i), (j), Alternate II (a) in
three places, Alternate IV (k).
970.5232–3(c), (d) in two places, (e), (i)(1) introductory text, (i)(1)(viii), (i)(3),
(i)(4), (j) in three places.
970.5232–4(a), (b)(1) ............................................................................................
970.5232–7 ...........................................................................................................
970.5232–8 ...........................................................................................................
970.5236–1 in two places .....................................................................................
970.5242–1(b) in two places, (d) introductory text, (d)(1), (d)(2), (e) introductory text.
970.5242–1(c)(2)(i), (e)(3) introductory text .........................................................
970.5243–1(a) in two places ................................................................................
970.5245–1(b) in two places, (c) in two places, (d) in five places, (e)(1),
(f)(1)(i)(B), (f)(1)(ii), (f)(2)(i), (f)(2)(ii), (g)(1), (g)(3), (i)(1)(i) in two places,
(i)(2)(i).
‘‘contracting officer’’ ................
‘‘Contracting Officer’’
‘‘contracting officer’’ ................
‘‘Contracting Officer’’
‘‘contracting
‘‘contracting
‘‘contracting
‘‘contracting
‘‘contracting
‘‘Contracting
‘‘Contracting
‘‘Contracting
‘‘Contracting
‘‘Contracting
officer’’
officer’’
officer’’
officer’’
officer’’
Add
................
................
................
................
................
‘‘contracting officer’s’’ ..............
‘‘contracting officer’’ ................
‘‘contracting officer’’ ................
[FR Doc. E9–17033 Filed 7–21–09; 8:45 am]
BILLING CODE 6450–01–P
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Officer’’
Officer’’
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‘‘Contracting Officer’s’’
‘‘Contracting Officer’’
‘‘Contracting Officer’’
]]>Agencies
[Federal Register Volume 74, Number 139 (Wednesday, July 22, 2009)]
[Rules and Regulations]
[Pages 36358-36381]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-17033]
[[Page 36357]]
-----------------------------------------------------------------------
Part III
Department of Energy
-----------------------------------------------------------------------
48 CFR Chapter 9
Department of Energy Acquisition Regulation: Technical Amendment; Final
Rule
Federal Register / Vol. 74, No. 139 / Wednesday, July 22, 2009 /
Rules and Regulations
[[Page 36358]]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
48 CFR Chapter 9
RIN 1991-AB62
Department of Energy Acquisition Regulation: Technical Amendment
AGENCY: Department of Energy.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Energy (DOE) is amending the Department of
Energy Acquisition Regulation (DEAR) to make technical and
administrative changes to the DEAR, including changes to conform to the
Federal Acquisition Regulation (FAR), typographical errors, and correct
other minor errors or omissions. Today's final rule does not alter
substantive rights or obligations under current law.
DATES: Effective Date: This rule is effective August 21, 2009.
FOR FURTHER INFORMATION CONTACT: Barbara Binney at (202) 287-1340 or by
e-mail at barbara.binney@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
I. Background
II. Description of the Technical Amendments
III. Procedural Requirements
A. Review Under Executive Order 12866
B. Review Under Executive Order 12988
C. Review Under the Regulatory Flexibility Act
D. Review Under the Paperwork Reduction Act
E. Review Under the National Environmental Policy Act
F. Review Under Executive Order 13132
G. Review Under the Unfunded Mandates Reform Act of 1995
H. Review Under the Treasury and General Government
Appropriations Act, 1999
I. Review Under Executive Order 13211
J. Review Under the Treasury and General Government
Appropriations Act, 2001
K. Review Under the Small Business Regulatory Enforcement
Fairness Act of 1996
L. Approval by the Office of the Secretary of Energy
I. Background
The DEAR has typographical errors, outdated citations, missing
words, acronyms that need to be spelled out, and other errors of a
technical nature. The objective of today's rule is to correct errors
and omissions in the existing DEAR and to conform the DEAR to the
Federal Acquisition Regulation (FAR) naming and numbering conventions.
None of these changes are substantive or of a nature to cause any added
expense for DOE or its contractors.
II. Description of the Technical Amendments
Where appropriate throughout the DEAR, the authority citations have
been revised to reflect current statutory authorities including
National Nuclear Security Administration (NNSA) authority in 50 U.S.C.
2401, et seq.
Sections have been redesignated to conform DEAR section numbering
with FAR section numbering.
Cross references in section headings that appear in the format
``(DOE coverage * * *)'' have been removed because in many instances
the references have become outdated.
References to NNSA positions have been added in instances where
NNSA may exercise acquisition authority independent of DOE.
Subpart headings have been added to maintain consistency with the
FAR subpart headings. These subpart headings do not contain text and do
not add any substantive changes.
Outdated or incorrect cross references to DEAR sections and clauses
have been corrected. Where appropriate, outdated section or clause
titles have been updated. Cross references to superceded DOE directives
have been updated. Punctuations and capitalizations have been revised
throughout for consistency. Titles and addresses have been updated.
In certain instances sections of the DEAR required so many
corrections that we determined that for accuracy and simplicity it
would be better to revise the entire section. Following are the
detailed editing instructions for sections: 904.702, 923.7003, 933.103,
942.270-2, 952.216-7, 952.225-70, 970.0404-1, 970.1100-1, 970.5242-1,
and 970.5244-1.
Subpart 904.702(b) is amended to add the complete clause title for
952.223-71, ``Integration of Environment Safety, and Health into Work
Planning and Execution,'' and to delete the reference to the clause
titled ``Nuclear Safety.'' The reference to 952.223-74, Nuclear Safety,
clause was removed as it no longer exists.
Section 923.7003(a) is amended after ``appropriate'' by removing
``environmental safety and health program management'' and adding in
its place ``Office of Health, Safety and Security.''
Section 923.7003(b) is amended by adding the clause title
Integration of Environment, Safety, and Health into Work Planning and
Execution after ``952.223-71'' and changing punctuation.
Section 923.7003(c) is amended by removing ``923.7002(b)'' and
adding in its place ``923.7003(b)'' to correct the citation.
Section 923.7003(c) is amended by adding the two clause titles for
952.223-71 by adding ``Integration of Environment, Safety, and Health
into Work Planning and Execution,''; and in two places after ``952.223-
72'' by adding ``Radiation Protection and Nuclear Criticality,''.
Section 923.7003(d) is amended by removing ``either 923.7002(b) or
923.7002(c)'' and adding in its place ``923.7003(b) or 923.7003(c)'' to
correct the citations.
Section 923.7003(d) is amended by adding the two clause titles for
952.223-71, ``Integration of Environment, Safety, and Health into Work
Planning and Execution,''; and in two places after ``952.223-72'' by
adding ``Radiation Protection and Nuclear Criticality,''.
Section 923.7003(d) is amended by removing ``Environment, Safety
and Health'' and adding in its place ``Health, Safety, and Security.''
Section 923.7003(e) is amended by adding clause titles for 952.223-
71, ``Integration of Environment, Safety, and Health into Work Planning
and Execution,''; and for 952.223-72, ``Radiation Protection and
Nuclear Criticality.''
Sections 923.7003(f) and 923.7003(g) are amended by removing ``48
CFR'' in both of these paragraphs in four places each; in paragraph (g)
by removing ``970.1504-5(c)'' and adding in its place ``970.1504-
8(c)''; in paragraph (g) by adding ``Requirements,'' after ``952.204-2,
Security''; and capitalizing the first letter in each word for the
clause title ``Nuclear Hazards Indemnity Agreement''.
Section 933.103(f) is amended by removing the first paragraph in
(f); by redesignating paragraph (i)(1) as (i); by redesignating
subparagraphs (i)(1)(i) through (iii) as (1), (2) and (3) respectively;
and by removing subparagraph (i)(2). The first paragraph (f) is removed
because it repeats a requirement from FAR 33.101(f).
Section 933.103(i) is amended in paragraph (i) by removing ``Head
of Contracting Activity'' and adding in its place ``HCA''.
Section 933.103(j) is amended by removing the fourth sentence; and
in the fifth sentence, remove ``parties'' and add in its place ``the
protester and the Department.'' These changes are made to remove an
internal procedure and to clarify who the parties are.
Section 933.103(k) is amended in the first sentence by
redesignating ``(iii)'' as ``(iv)''; by removing the second sentence;
and in the third sentence by removing the ``(1).'' The second sentence
is removed because it is an internal procedure.
Section 942.270-2 is amended in the section title by using a lower
case ``c'' for ``clause''; and in the first sentence,
[[Page 36359]]
by adding ``Technical Direction,'' after ``952.242-70.''
Section 952.216-7, Allowable cost and payment Alternate I, is
removed. This duplicates FAR 16.307(a)(1) fourth sentence.
Section 952.225-70 clause in paragraph (b) is amended by adding
after ``shall'' in the first sentence ``--'' and a line return; in
subparagraph (1), capitalize the ``C'' in ``consider; in paragraph
(b)(1), changing the punctuation and adding a line return after ``or'';
and in paragraphs (b)(2), (b)(2)(i), and (b)(2)(ii), capitalize the
first letter of the first word in each subparagraph.
In section 970.0404-1 the Classified Information definition is
amended by removing reference to Executive Order 12356 and updating it
with the current Executive Order 12958, Classified National Security
Information, April 17, 1995, as amended.
Section 970.1100-1(a) is amended in the second sentence, by adding
``The'' before ``Office''; in the second sentence, by adding ``'s''
after ``Policy''; in the second sentence, by removing ``Letter 91-2''
and adding in its place ``Seven Steps to Performance-Based Acquisition
located at Web site https://www.acquisition.gov/comp/seven_steps/home.html''; and in the third sentence, by making the ``D'' in
``describe'' lower case after ``:''. These changes are made for
grammatical reasons and to update the Office of Federal Procurement
Policy (OFPP) information on performance-based acquisition.
Section 970.5242-1 clause is amended in paragraphs (c)(2), (d) and
(e)(3), by changing punctuation; in paragraph (c)(2)(i), (c)(2)(ii),
(c)(2)(iii), (d)(1), (d)(2), (e)(1), (e)(2), (e)(3), (e)(3)(i), and
(e)(3)(ii), by capitalizing the first letter of the first word in each
paragraph; in paragraph (c)(2)(ii), by removing ``Department's'' and
adding in its place ``Civilian''; and in paragraph (e), adding ``--''
after ``when''.
Section 970.5244-1 introductory text is amended by removing ``48
CFR 970.4402-5'' and adding in its place ``970.4403''.
Section 970.5244-1 clause is amended in paragraphs (e)(1),
(e)(1)(i), and (r) by changing punctuation; and in paragraphs (e)(1),
(i), (e)(1)(ii), (r)(1), (r)(2), and (r)(3), by capitalizing the first
letter of the first word in each paragraph.
Section 970.5244-1 clause in paragraph (e)(4) is amended in the
second sentence, by removing ``48 CFR 970.3102-3-21(b)'' and adding in
its place ``48 CFR 31.205-26(e)''.
Section 970.5244-1 clause in paragraph (g) is amended in the first
sentence, by removing ``48 CFR 52.225-3'' and adding in its place ``48
CFR 52.225-1''; and in the first sentence, by removing ``48 CFR 52.225-
5'' and adding in its place ``48 CFR 52.225-9''.
Section 970.5244-1 clause in paragraph (q) is amended by adding
after ``980.71'' ``, Federal Management Regulation 41 CFR chapter
102,''; in paragraph (q)(5), and by removing ``48 CFR 908.7108'' and
adding in its place ``48 CFR subpart 8.5''. These changes conform to
the FAR convention and updates the Federal Management Regulation
reference.
Section 553(b)(B) of the Administrative Procedure Act (5 U.S.C.
553(b)(B)) permits an agency to omit notice and comment from a
rulemaking when the agency finds ``good cause'' to do so. Good cause
exists when the agency finds that notice and comment would be
``impracticable, unnecessary, or contrary to the public interest.''
Today's rule is intended to correct non-substantive errors, remove
typographical errors, correct out-dated references and citations, and
to improve stylistic consistency. None of the amendments in this notice
of final rulemaking are intended to alter substantive rights or
obligations under current law. Nothing in this rule imposes or alters
existing requirements on DOE contractors or other members of the
public. Consequently, DOE has determined that notice and comment is
unnecessary.
III. Procedural Requirements
A. Review Under Executive Order 12866
Today's regulatory action has been determined not to be a
``significant regulatory action'' under Executive Order 12866,
``Regulatory Planning and Review'' (58 FR 51735, October 4, 1993).
Accordingly, this rulemaking is not subject to review under that
Executive Order by the Office of Information and Regulatory Affairs
(OIRA) of the Office of Management and Budget (OMB).
B. Review Under Executive Order 12988
With respect to the review of existing regulations and the
promulgation of new regulations, section 3(a) of Executive Order 12988,
``Civil Justice Reform,'' 61 FR 4729 (February 7, 1996), imposes on
Executive agencies the general duty to adhere to the following
requirements: (1) Eliminate drafting errors and ambiguity; (2) write
regulations to minimize litigation; and (3) provide a clear legal
standard for affected conduct rather than a general standard and
promote simplification and burden reduction. With regard to the review
required by section 3(a), section 3(b) of Executive Order 12988
specifically requires that Executive agencies make every reasonable
effort to ensure that the regulation: (1) Clearly specifies the
preemptive effect, if any; (2) clearly specifies any effect on existing
Federal law or regulation; (3) provides a clear legal standard for
affected conduct while promoting simplification and burden reduction;
(4) specifies the retroactive effect, if any; (5) adequately defines
key terms; and (6) addresses other important issues affecting clarity
and general draftsmanship under any guidelines issued by the United
States Attorney General. Section 3(c) of Executive Order 12988 requires
Executive agencies to review regulations in light of applicable
standards in section 3(a) and section 3(b) to determine whether they
are met or if it is unreasonable to meet one or more of them. DOE has
completed the required review and determined that, to the extent
permitted by law, this final rule meets the relevant standards of
Executive Order 12988.
C. Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
preparation of an initial regulatory flexibility analysis for any rule
that by law must be proposed for public comment, unless the agency
certifies that the rule, if promulgated, will not have a significant
economic impact on a substantial number of small entities. As required
by Executive Order 13272, ``Proper Consideration of Small Entities in
Agency Rulemaking,'' 67 FR 53461 (August 16, 2002), DOE published
procedures and policies on February 19, 2003, to ensure that the
potential impacts of its rules on small entities are properly
considered during the rulemaking process (68 FR 7990). DOE has made its
procedures and policies available on the Office of General Counsel's
Web site at https://www.gc.doe.gov.
Today's technical amendments do not alter any substantive rights or
obligations. Today's rule makes corrections and updates references in
the DEAR that apply to public contracts. No substantive rights or
obligations are altered by today's technical amendment. Neither the
Administrative Procedures Act nor any other law that requires this rule
be proposed for public comment. Consequently, this rule is exempt from
the requirements of the Regulatory Flexibility Act.
[[Page 36360]]
D. Review Under the Paperwork Reduction Act
This final rule does not impose a collection of information
requirement subject to the Paperwork Reduction Act, 44 U.S.C. 3501 et
seq. Existing burdens associated with the collection of certain
contractor data have been cleared under OMB control number 1910-4100.
E. Review Under the National Environmental Policy Act
DOE has concluded that promulgation of this rule falls into a class
of actions which would not individually or cumulatively have
significant impact on the human environment, as determined by DOE's
regulations (10 CFR part 1021, subpart D) implementing the National
Environmental Policy Act (NEPA) of 1969 (42 U.S.C. 4321 et seq.).
Specifically, this rule is categorically excluded from NEPA review
because the amendments to the DEAR are strictly procedural (categorical
exclusion A6). Therefore, this rule does not require an environmental
impact statement or environmental assessment pursuant to NEPA.
F. Review Under Executive Order 13132
Executive Order 13132, 64 FR 43255 (August 4, 1999) imposes certain
requirements on agencies formulating and implementing policies or
regulations that preempt State law or that have federalism
implications. Agencies are required to examine the constitutional and
statutory authority supporting any action that would limit the
policymaking discretion of the States and carefully assess the
necessity for such actions. The Executive Order requires agencies to
have an accountability process to ensure meaningful and timely input by
State and local officials in the development of regulatory policies
that have federalism implications. On March 14, 2000, DOE published a
statement of policy describing the intergovernmental consultation
process it will follow in the development of such regulations (65 FR
13735). DOE has examined today's rule and has determined that it does
not preempt State law and does not have a substantial direct effect on
the States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government. No further action is required by
Executive Order 13132.
G. Review Under the Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) generally
requires a Federal agency to perform a written assessment of costs and
benefits of any rule imposing a Federal mandate with costs to State,
local or tribal governments, or to the private sector, of $100 million
or more. This rulemaking makes technical amendments that do not alter
any substantive rights or obligations. This rule does not impose any
mandates.
H. Review Under the Treasury and General Government Appropriations Act,
1999
Section 654 of the Treasury and General Government Appropriations
Act, 1999 (Pub. L. 105-277), requires Federal agencies to issue a
Family Policymaking Assessment for any rulemaking or policy that may
affect family well-being. This rulemaking will have no impact on the
autonomy or integrity of the family as an institution. Accordingly, DOE
has concluded that it is not necessary to prepare a Family Policymaking
Assessment.
I. Review Under Executive Order 13211
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use, 66 FR 28355
(May 22, 2001) requires Federal agencies to prepare and submit to
Office of Information and Regulatory Affairs of the Office of
Management and Budget, a Statement of Energy Effects for any proposed
significant energy action. A ``significant energy action'' is defined
as any action by an agency that promulgates or is expected to lead to
promulgation of a final rule, and that: (1) Is a significant regulatory
action under Executive Order 12866, or any successor order, (2) is
likely to have a significant adverse effect on the supply,
distribution, or use of energy, or (3) is designated by the
Administrator of OIRA as a significant energy action. For any proposed
significant energy action, the agency must give a detailed statement of
any adverse effects on energy supply, distribution, or use should the
proposal be implemented, and of reasonable alternatives to the action
and their expected benefits on energy supply, distribution, and use.
Today's rule is not a significant energy action. Accordingly, DOE has
not prepared a Statement of Energy Effects.
J. Review Under the Treasury and General Government Appropriations Act,
2001
The Treasury and General Government Appropriations Act, 2001 (44
U.S.C. 3516, note) provides for agencies to review most disseminations
of information to the public under guidelines established by each
agency pursuant to general guidelines issued by OMB. OMB's guidelines
were published at 67 FR 8452 (February 22, 2002), and DOE's guidelines
were published at 67 FR 62446 (October 7, 2002). DOE has reviewed
today's rule under the OMB and DOE guidelines and has concluded that it
is consistent with applicable policies in those guidelines.
K. Review Under the Small Business Regulatory Enforcement Fairness Act
of 1996
As required by 5 U.S.C. 801, the Department will report to Congress
promulgation of this rule. The report will state that it has been
determined that the rule is not a ``major rule'' as defined by 5 U.S.C.
804(2).
L. Approval by the Office of the Secretary of Energy
Issuance of this rule has been approved by the Office of the
Secretary of Energy.
List of Subjects in 48 CFR Parts 901, 903, 904, 905, 906, 908, 909,
911, 912, 913, 914, 915, 916, 917, 922, 923, 925, 928, 931, 932,
933, 935, 936, 939, 941, 942, 947, 950, 951, 952, and 970
Government procurement.
Issued in Washington, DC, on July 13, 2009.
Edward R. Simpson,
Director, Office of Procurement and Assistance Management, Department
of Energy.
David O. Boyd,
Director, Office of Acquisition and Supply Management, National Nuclear
Security Administration.
0
For the reasons set out in the preamble, Chapter 9 of Title 48 of the
Code of Federal Regulations is amended as set forth below.
0
1. Authority citations are revised:
0
a. For parts 901, 903, 904, 905, 906, 908, 909, 912, 913, 914, 915,
916, 917, 922, 923, 925, 928, 931, 932, 933, 935, 936, 939, 941, 942,
947, 951, and 952, the authority citations are revised to read as
follows:
Authority: 42 U.S.C. 7101 et seq. and 50 U.S.C. 2401 et seq.
0
b. For parts 911, 950 and 970, the authority citations are revised to
read as follows:
Authority: 42 U.S.C. 2201; 2282a; 2282b; 2282c; 42 U.S.C. 7101
et seq.; 50 U.S.C. 2401 et seq.
PART 901--FEDERAL ACQUISITION REGULATIONS SYSTEM
0
2. Section 901.602-3 is amended by revising the section heading to read
as follows:
[[Page 36361]]
901.602-3 Ratification of unauthorized commitments.
* * * * *
PART 903--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF
INTEREST
903.104-3 [Redesignated as 903.104-1]
0
3. Redesignate 903.104-3 as 903.104-1.
0
4. Amend the introductory text of newly designated section 903.104-1 by
removing the reference ``48 CFR (FAR) 3.104-4(d)--'' and adding in its
place ``48 CFR 3.104-2(b)(3)--''.
903.104-10 [Redesignated as 903.104-7]
0
5. Redesignate 903.104-10 as 903.104-7.
0
6. Amend newly designated section 903.104-7 by revising the section
heading to read as follows:
903.104-07 Violations or possible violations.
* * * * *
0
7. Remove ``48 CFR 3.104-10'' wherever it occurs in newly designated
903.104-7 and add in its place ``48 CFR 3.104-7''.
0
8. Add in newly designated 903.104-7, first sentence, commas, after
``(2)'' and ``Policy Act''.
0
9. Add in newly designated 903.104-7 ``the General Counsel for National
Nuclear Security Administration (NNSA),'' in the second sentence, after
``Naval Reactors Offices;''.
903.408-1 [Redesignated as 903.405]
0
10. Redesignate section 903.408-1 as 903.405.
0
11. Newly redesignated section 903.405 is amended by revising the
section heading to read as follows:
903.405 Misrepresentations or violations of the Covenant Against
Contingent Fees.
* * * * *
903.502 [Amended]
0
12. Section 903.502 is amended by removing the paragraph (b)
designation at the beginning of the paragraph.
0
13. Revise the heading for subpart 903.9 to read as follows:
Subpart 903.9--Whistleblower Protections for Contractor Employees
903.901, 903.902, and 903.903 [Redesignated 903.900, 903.901 and
903.902]
0
14. Redesignate sections 903.901, 903.902, and 903.903 as sections
903.900, 903.901 and 903.902, respectively.
0
15. Newly designated section 903.900 is amended by revising the heading
to read as follows:
903.900 Scope of subpart.
* * * * *
PART 904--ADMINISTRATIVE MATTERS
0
16. Section 904.402 is amended by:
0
a. Removing in paragraph (a), ``DOE's'' and adding in its place
``Department of Energy's (DOE)'';
0
b. Revising the last sentence in paragraph (c)(1);
0
c. Removing ``The clause'' in paragraph (c)(2), at the beginning of the
first sentence, and adding in its place ``The 952.204-76 clause'' and
removing ``and the clause'', in the first sentence, and adding in its
place ``and the 952.223-76 clause'';
0
d. Removing the ``:'' at the end of the introductory text of paragraph
(c)(3) and adding ``--'' in its place; and
0
e. Adding in paragraph (c)(3)(i), ``952.204-76'' before the first usage
of ``clause'' and, adding ``952.223-76'' before the second usage of
``clause''.
The revision reads as follows:
904.402 General.
* * * * *
(c)(1) * * * The clause prescribed at 904.404(d)(6) (952.204-76,
Conditional Payment of Fee or Profit--Safeguarding Restricted Data and
Other Classified Information) or the clause prescribed at 923.7003(f)
(952.223-76, Conditional Payment of Fee or Profit--Safeguarding
Restricted Data and Other Classified Information and Protection of
Worker Safety and Health) shall be used for this purpose unless the
clause prescribed at 970.1504-5(b)(1) (970.5215-3, Conditional Payment
of Fee, Profit, and Other Incentives--Facility Management Contracts) is
used.
* * * * *
0
17. Section 904.404 is amended by:
0
a. Revising the section heading;
0
b. Removing ``DOE N 142.1.'' in paragraph (d)(3), second sentence, and
adding in its place ``DOE Order 142.3 or its successor.''; and
0
c. Revising paragraph (d)(6).
The revisions read as follows:
904.404 Solicitation provision and contract clause.
(d) * * *
(6) Except as prescribed in 970.1504-5(b), the contracting officer
shall insert the clause at 952.204-76, Conditional Payment of Fee or
Profit--Safeguarding Restricted Data and Other Classified Information
and Protection of Worker Safety and Health, in all contracts that
contain the clause at 952.204-2, Security, but that do not contain the
clause at 952.250-70, Nuclear Hazards Indemnity Agreement.
* * * * *
0
18. Section 904.702 is revised to read as follows:
904.702 Applicability.
(b) Contracts containing the clause at 952.223-71 Integration of
Environment Safety, and Health into Work Planning and Execution, or the
Radiation Protection and Nuclear Criticality clause at 952.223-72, must
also include the Preservation of Individual Occupational Radiation
Exposure Records clause at 952.223-75 which will necessitate retention
of records in accordance with schedules contained in applicable DOE
Directives in the records management series, rather than those found at
48 CFR subpart 4.7.
0
19. The heading for subpart 904.8 is revised to read as follows:
Subpart 904.8--Government Contract Files
904.803 [Amended]
0
20. Section 904.803 is amended by removing the word ``procurement'' and
adding in its place the word ``acquisition''.
0
21. Add a new section 904.804 to read as follows:
904.804 Closeout of contract files.
0
22. Section 904.804-1 is amended by revising the section heading and
adding ``(HCA)'' in paragraph (a) after the word ``Activity'' to read
as follows:
904.804-1 Closeout by the office administering the contract.
* * * * *
0
23. Revise section 904.805 to read as follows:
904.805 Storage, handling, and disposal of contract files.
Contract files shall be disposed of in accordance with applicable
DOE Order 243.1. (See current version.)
0
24. Revise the section heading for section 904.7000 to read as follows:
904.7000 Scope of subpart.
* * * * *
904.7002 [Amended]
0
25. Section 904.7002 is amended by:
0
a. Removing ``following:'' at the end of the introductory text of the
definition of ``foreign interest'' and adding in its place
``following--''; and
0
b. Removing ``person,'' in paragraph (3) of the definition of ``foreign
interest'', and adding in its place ``person;'' .
[[Page 36362]]
904.7003 [Amended]
0
26. Section 904.7003 is amended by:
0
a. Adding ``Facility Clearance,'' in paragraph (c), second sentence
after ``952.204-73'';
0
b. Removing the punctuation ``:'' in paragraph (d), first sentence,
after the word ``unless'' and adding in its place ``--'';
0
c. Removing ``48 CFR 952.204-73,'' in paragraph (d)(1) and adding in
its place ``952.204-73, Facility Clearance;''; and
0
d. Removing ``48 CFR'' in the paragraph (d)(2).
904.7101 [Amended]
0
27. Section 904.7101 is amended by:
0
a. Removing the last sentence in the definition of Entity controlled by
a foreign government, and adding in its place ``See subpart 925.7 for a
statement of the prohibition on certain foreign purchases.''
0
b. Removing the ``,'' at the end of the sentence in paragraph (4), in
the definition of Proscribed information.
904.7102 [Amended]
0
28. Section 904.7102 is amended by:
0
a. Removing the ``:'' in paragraphs (a) introductory text, and (b)
introductory text, last sentences, and adding in its place ``--''; and
0
b. Removing ``DEAR 952.204-73'' in paragraph (e), and adding in its
place, ``952.204-73, Facility Clearance''.
904.7103 [Amended]
0
29. Section 904.7103 is amended by:
0
a. Removing ``48 CFR'' in paragraphs (a) and (b);
0
b. Adding ``, Facility Clearance.'' after ``952.204-73'' in paragraph
(a); and
0
c. Adding ``, Security.'' after ``952.204-2'' in paragraph (b).
904.7201 [Amended]
0
30. Section 904.7201 is amended by adding ``, Public Affairs,'' after
``952.204-75.''
0
31. The heading for subchapter B is revised to read as follows:
Subchapter B--Competition Acquisition Planning
PART 908--REQUIRED SOURCES OF SUPPLIES AND SERVICES
0
32. Section 908.802 is amended by revising the section heading and
removing ``48 CFR 952.208-70. '' in paragraph (b) and adding in its
place, ``952.208-70, Printing, in all contracts.''
The revision reads as follows:
908.802 Policy.
* * * * *
0
33. Section 908.1104 is amended by revising the section heading,
redesignating paragraph (e) as (f), and removing ``48 CFR'' in newly
designated paragraph (f).
The revision reads as follows:
908.1104 Contract clauses.
* * * * *
908.7105 [Amended]
0
34. Section 908.7105 is amended by removing ``DOE-PMR 41 CFR 109-
25.302-2.'' at the end of the sentence and adding in its place ``DOE-
PMR 41 CFR 109-25.302.''
908.7106 [Amended]
0
35. Section 908.7106 is amended by removing ``DOE-PMR 41 CFR 109-
25.302-2.'' in paragraph (a) at the end of the sentence and adding in
its place ``DOE-PMR 41 CFR 109-25.302.''; and removing ``FPMR 41 CFR
101-26.407 and'' in paragraph (b).
908.7108 [Removed and Reserved]
0
36. Section 908.7108 is removed and reserved.
908.7111 [Amended]
0
37. Section 908.7111 is amended by removing ``Commanding General,
Headquarters, U.S. Army Material Development and Readiness Command,
5001 Eisenhower Avenue, Alexandria, VA 22333.'' in paragraph (c), and
adding in its place ``Commanding General, Headquarters, U.S. Army
Materiel Command, 9301 Chapek Road, Fort Belvoir, VA 22060-5527.''
0
38. Section 908.7113 is revised to read as follows:
908.7113 Calibration services.
Orders for calibration services may be placed with the National
Institute of Standards and Technology, 100 Bureau Drive, Stop 2300,
Gaithersburg, MD 20899-2300, by either DOE acquisition offices or its
authorized contractors. Copies of the letters authorizing contractors
to order calibration services on behalf of DOE shall be sent to the
National Institute of Standards and Technology, Attention:
``Calibration Services.''
0
39. Section 908.7115 is amended by revising paragraph (a) to read as
follows:
908.7115 Forms.
(a) DOE forms shall be obtained by DOE offices in accordance with
the DOE Guide 242.1-1, DOE Forms Management, for use with DOE Order
200.1, Information Management Program.
* * * * *
PART 909--CONTRACTOR QUALIFICATIONS
0
40. Add a new section 909.104 to subpart 909.1 to read as follows:
909.104 Standards.
909.104-1 [Amended]
0
41. Section 909.104-1, paragraph (h) is amended by removing ``48 CFR''.
0
42. Section 909.104-3 is amended by revising the section heading and
removing ``DOE'' in paragraph (e) at the beginning of the paragraph,
and adding in its place, ``Guaranteeing corporate entities. The
Department of Energy (DOE)''.
The revision reads as follows:
909.104-3 Application of standards.
* * * * *
909.400 [Amended]
0
43. Section 909.400 is amended by removing the ``.'' at the end of
paragraph (a) and adding in its place a ``;''.
909.403 [Amended]
0
44. Section 909.403 is amended by:
0
a. Adding ``Debarring and suspending official, for the DOE, the
designees are:'' after the introductory paragraph;
0
b. Removing the words ``Debarring Official. The'' and adding in its
place ``(1) Debarring Official means the''; and
0
c. Removing the words ``Suspending Official. The'' and adding in its
place ``(2) Suspending Official means the''.
0
45. Section 909.406-2 is amended by:
0
a. Revising the section heading to read as set forth below;
0
b. Removing ``DOE'' in the introductory text of paragraph (c);
0
c. Removing ``; and'' in paragraph (c)(1) after ``subcontract'' and
adding in its place a period; and
0
d. Removing the ``;'' at the end of the sentence in paragraph (d)(1),
after ``9.406-3(c)'', and adding in its place a period.
909.406-2 Causes for debarment.
* * * * *
0
46. Section 909.406-3 is amended by revising the section heading to
read as follows:
909.406-3 Procedures.
* * * * *
909.406-6 [Redesignated 909.406-70]
0
47. Section 909.406-6 is redesignated as 909.406-70, and newly
designated 909.406-70 is amended by removing ``48 CFR (DEAR)'' in
paragraph (b), two occurrences.
0
48. Add a new section 909.407 to subpart 909.4 to read as follows:
[[Page 36363]]
909.407 Suspension.
0
49. Section 909.407-2 is amended by:
0
a. Revising the section heading;
0
b. Removing the ``:'' at the end of the introductory text of paragraph
(d) and adding in its place ``--'';
0
c. Removing ``48 CFR (DEAR)'' in paragraphs (d)(1) and (d)(2);
0
d. Removing the ``.'' in paragraph (d)(1) and adding in its place a
semicolon; and
0
e. Removing the ``.'' at the end of the sentence in paragraph (d)(2)
and adding in its place ``; or''.
The revision reads as follows:
909.407-2 Causes for suspension.
* * * * *
0
50. Section 909.407-3 is amended by revising the section heading,
removing the ``:'' after ``shall'' in paragraph (b)(3) and adding in
its place ``--''; and removing ``48 CFR (DEAR)'' in paragraphs (b)(1),
(b)(2) and (e)(1)(iv).
The revision reads as follows:
909.407-3 Procedures.
* * * * *
0
51. Section 909.503 is revised to read as follows:
909.503 Waiver.
Heads of Contracting Activities are delegated the authorities in 48
CFR 9.503 regarding the waiver of organizational and consultant
conflicts of interest requirements.
0
52. Section 909.504 is amended by revising the section heading and by
removing ``48 CFR'' in paragraph (e).
The revision reads as follows:
909.504 Contracting officer responsibilities.
* * * * *
0
53. Section 909.507-1 is amended by revising the section heading and
removing ``48 CFR'' in paragraph (e).
The revision reads as follows:
909.507-1 Solicitation provisions.
* * * * *
909.507-2 [Amended]
0
54. Section 909.507-2 is amended by removing ``48 CFR'' in paragraphs
(a)(1), (a)(2) and (b).
PART 911--DESCRIBING AGENCY NEEDS
911.604 [Amended]
0
55. Section 911.604(b) is amended by adding a ``,'' after ``Energy)''.
PART 912--ACQUISITION OF COMMERCIAL ITEMS
0
56. Section 912.302 is revised to read as follows:
912.302 Tailoring of provisions and clauses for the acquisition of
commercial items.
(c) The waiver required by 48 CFR 12.302(c) shall be in writing and
approved by the local procurement manager or individual appointed for
that purpose by the local procurement manager.
PART 913--SIMPLIFIED ACQUISITION PROCEDURES
0
57. Section 913.307 is amended by revising the section heading to read
as follows:
913.307 Forms.
* * * * *
PART 914--SEALED BIDDING
0
58. Add a new section 914.404 to subpart 914.4 to read as follows:
914.404 Rejection of bids.
914.404-1 [Amended]
0
59. Section 914.404-1, paragraph (c), is amended by removing
``Procurement Executive has'' and adding in its place ``Senior
Procurement Executives have''.
914.407-3 [Amended]
0
60. Section 914.407-3(e) is amended in the first and second sentences
by removing ``Procurement Executive has,'' and add in its place
``Senior Procurement Executives have''.
914.407-4 [Amended]
0
61. Section 914.407-4 is amended by removing ``Procurement Executive
has'' and adding in its place ``Senior Procurement Executives have'' in
the first sentence; and adding ``appropriate Senior'' before the word
``Procurement'' in the second sentence.
914.408-2 [Redesignated]
0
62. Section 914.408-2 is redesignated as 914.409-2.
PART 915--CONTRACTING BY NEGOTIATION
0
63. Section 915.200 is revised to read as follows:
915.200 Scope of subpart.
The 48 CFR subpart 15.2 is not applicable to Program Opportunity
Notices for Commercial Demonstrations (See subpart 917.72) or Program
Research and Development Announcements (See subpart 917.73).
0
64. Add a new section 915.207 to subpart 915.2 to read as follows:
915.207 Handling proposals and information.
0
65. Section 915.207-70 is amended by revising the section heading and
removing ``DOE'' in paragraph (f)(3), in the last sentence and adding
in its place ``Senior''.
The revision reads as follows:
915.217-70 Handling proposals and information during evaluation.
* * * * *
0
66. Section 915.305 is amended by revising the section heading to read
as follows:
915.305 Proposal evaluation.
* * * * *
0
67. Add a new section 915.404 to subpart 915.4 to read as follows:
915.404 Proposal analysis.
0
68. Section 915.404-2 is amended by revising the section heading,
removing ``48 CFR'' in paragraph (c)(1), and redesignating paragraphs
(c)(2) as (c)(2)(i) and (e)(6) as (c)(2)(ii).
The revision reads as follows:
915.404-2 Information to support proposal analysis.
* * * * *
915.404-2-70 [Amended]
0
69. Section 915.404-2-70 is amended by removing the ``:'' in paragraph
(a), and adding in its place ``--''.
0
70. Section 915.404-4 is amended by revising the section heading to
read as follows:
915.404-4 Profit.
* * * * *
915.404-70-2 [Redesignated 915.404-4-70-2]
0
71. Section 915.404-70-2 is redesignated as 915.404-4-70-2 and
paragraphs (a) and (b) are amended by removing ``48 CFR''.
915.404-4-70-4 [Amended]
0
72. Section 915.404-4-70-4 is amended by removing the ``:'' in
paragraph (b) introductory text, and adding in its place ``--''; and
removing ``48 CFR'' in paragraph (d), and adding in its place
``subpart''.
915.404-4-70-5 [Amended]
0
73. Section 915.404-4-70-5(d) is amended by removing ``48 CFR''.
915.404-4-70-6 [Amended]
0
74. Section 915.404-4-70-6 is amended by removing ``48 CFR''.
[[Page 36364]]
915.404-4-70-7 [Amended]
0
75. Section 915.404-4-70-7 is amended by removing ``48 CFR'' in
paragraphs (a) and (b).
915.404-4-71-1 [Amended]
0
76. Section 915.404-4-71-1 is amended by removing the ``,'' in
paragraph (a)(1) and adding in its place a ``;''; adding a ``;'' in
paragraph (a)(2) after the word ``performance''; and removing the word
``for'' in paragraph (b) before the word ``thereunder''.
915.404-4-71-3 [Amended]
0
77. Section 915.404-4-71-3 is amended by removing ``48 CFR'' in
paragraphs (a) and (d); removing the ``.'' in paragraph (b)
introductory text, and adding in its place ``--''; adding ``--'' in
paragraph (b)(1), at the end of the sentence; and removing the ``,'' in
paragraphs (b)(1)(i), (ii) and (iii), and adding in its place a ``;''.
915.404-4-71-4 [Amended]
0
78. Section 915.404-4-71-4(a) is amended by removing ``48 CFR''.
915.404-4-71-5 [Amended]
0
79. Remove ``48 CFR'' in 915.404-4-71-5, all occurrences, in paragraphs
(a), (e)(1), and (e)(3).
915.404-4-71-6 [Amended]
0
80. Section 915.404-4-71-6 is amended by removing ``(See 48 CFR
936.70.)'' in paragraph (b)(4); removing ``as defined in 48 CFR
936.7201'' in paragraph (b)(6); and removing ``48 CFR'' in paragraph
(c).
915.404-4-72 [Amended]
0
81. Section 915.404-4-72 is amended by removing ``48 CFR'' in all
occurrences in paragraphs (a) introductory text, (a)(1), and (b).
0
82. Add a new section 915.408 to subpart 915.4 to read as follows:
915.408 Solicitation provisions and contract clauses.
0
83. Section 915.408-70 is amended by revising the section heading and
removing ``48 CFR'' in all occurrences.
The revision reads as follows:
915.408-70 Key Personnel clause.
* * * * *
915.602 [Amended]
0
84. Section 915.602 is amended by removing paragraph (b).
0
85. Section 915.603 is amended by revising the section heading and
redesignating paragraph (e) as (f).
The revision reads as follows:
915.603 General.
* * * * *
0
86. Section 915.605 is amended by revising the section heading and in
paragraph (b)(5) removing ``48 CFR'' and adding in its place
``subpart''.
The revision reads as follows:
915.605 Content of unsolicited proposals.
* * * * *
0
87. Section 915.606 is amended by revising the section heading;
removing ``Coordinator'' from paragraph (b) and adding in its place
``Manager''; and removing ``(PGH)'' from paragraph (b) and adding in
its place ``P.O. Box 10940, MS 921-107''.
The revision reads as follows:
915.606 Agency procedures.
* * * * *
0
88. Section 915.607 is revised to read as follows:
915.607 Criteria for acceptance and negotiation of an unsolicited
proposal.
(c) DOE's cost participation policy, at subpart 917.70, shall be
followed in determining the extent to which the DOE will participate in
the cost for the proposed effort.
PART 916--TYPES OF CONTRACTS
916.307 [Amended]
0
89. Section 916.307 is amended by redesignating paragraph (j) as
paragraph (g); and removing ``The contracting officer shall insert'' at
the beginning of the sentence, and adding in its place ``Insert''.
916.404-2 [Redesignated as 916.405-2]
0
90. Redesignate section 916.404-2 as 916.405-2.
0
91. Add a new section 916.405 to read as follows:
916.405 Cost-reimbursement incentive contracts.
0
92. The heading for section 916.504 is revised to read as follows:
916.504 Indefinite-quantity contracts.
* * * * *
0
93. Section 916.505 is amended by revising it to read as follows:
916.505 Ordering.
(b)(6)(i) The Director, Office of Contract Management, Office of
Procurement and Assistance Management, is designated as the DOE
Ombudsman for task and delivery order contracts in accordance with 48
CFR 16.505(b)(6). The Director, Office of Acquisition and Supply
Management, is the designated NNSA Ombudsman for task and delivery
order contracts in accordance with 48 CFR 16.505(b)(6).
(ii) The Heads of Contracting Activities shall designate a senior
manager to serve as the Contracting Activity Ombudsman for task and
delivery order contracts. If, for any reason, the Contracting Activity
Ombudsman is unable to execute the duties of the position, the Head of
the Contracting Activity shall designate an Acting Contracting Activity
Ombudsman.
(iii) The Contracting Activity Ombudsman shall--
(A) Be independent of the contracting officer who awarded and/or is
administering the contract under which a complaint is submitted;
(B) Not assume any duties and responsibilities pertaining to the
evaluation or selection of an awardee for the issuance of an order
under a multiple award, task or delivery order contract;
(C) Review complaints from contractors awarded a task or delivery
order contract;
(D) Collect all facts from the cognizant organizations or
individuals that are relevant to a complaint submitted to ensure that
the complainant and all contractors were afforded a fair opportunity to
be considered for the order issued in accordance with the procedures
set forth in each awardees' contract;
(E) Maintain a written log to track each complaint submitted from
receipt through disposition;
(F) Ensure that no information is released which is determined to
be proprietary or is designated as source selection information; and
(G) Resolve complaints at the contracting activity for which they
have cognizance.
(iv) If, upon review of all relevant information, the Contracting
Activity Ombudsman determines that corrective action should be taken,
the Contracting Activity Ombudsman shall report the determination to
the cognizant contracting officer. Issues which cannot be so resolved
should be forwarded to the DOE Ombudsman.
916.601 [Removed and Reserved]
0
94. Section 916.601 in subpart 916.6 is removed and reserved.
PART 917--SPECIAL CONTRACTING METHODS
0
95. Section 917.600, paragraph (a) is revised and paragraph (b) is
amended by removing ``48 CFR''.
The revision reads as follows:
917.600 Scope of subpart.
(a) This subpart implements 48 CFR subpart 17.6, Management and
[[Page 36365]]
Operating Contracts. Departmental policies, procedures, provisions and
clauses to be used in the award and administration of management and
operating contracts that either implement or supplement the Federal
Acquisition Regulation and parts 901 through 952 of this chapter are
contained in part 970.
* * * * *
917.7200 [Amended]
0
96. Section 917.7200(a) is amended by removing the word ``non-nuclear''
and adding in its place ``non nuclear''.
PART 922--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITION
922.103-4 [Amended]
0
97. Section 922.103-4(d) is amended by:
0
a. Removing the introductory heading ``Approvals.'' at the beginning of
the paragraph;
0
b. Removing ``DOE'' and adding in its place ``Department of Energy
(DOE)'' in paragraph (d)(1) introductory text;
0
c. Removing the ``:'' and adding in its place ``--'' at the end of
paragraph (d)(1) introductory text;
0
d. Removing the word ``means'' and adding in its place ``means--'' in
paragraph (d)(1)(i), second sentence; and
0
e. Removing ``advance,'' and adding in its place ``advance;'' in
paragraph (d)(1)(i)(A).
922.103-5 [Amended]
0
98. Section 922.103-5 is amended in the last sentence by adding the
word ``subpart'' after the word ``See''.
922.802 [Removed and Reserved]
0
99. Section 922.802 is removed and reserved.
0
100. The heading for Part 923 is revised to read as follows:
PART 923--ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE
ENERGY TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE
0
101. Section 923.405 is amended by revising the section heading to read
as follows:
923.405 Procedures.
* * * * *
0
102. The heading for subpart 923.5 is revised to read as follows:
Subpart 923.5--Drug-Free Workplace
923.570-1 [Amended]
0
103. Section 923.570-1 is amended by removing the ``:'' and adding in
its place ``--'' in paragraph (a) introductory text; removing the ``,''
in paragraph (a)(1), and adding in its place a ``;'' and removing the
``;'' at end of sentence; and removing the ``:'' in paragraph (a)(2),
and adding in its place ``--''.
923.570-2 [Amended]
0
104. Section 923.570-2 is amended in paragraphs (a) and (b) by removing
``48 CFR'' in three places.
923.570-3 [Amended]
0
105. Section 923.570-3 is amended by removing ``48 CFR'' in paragraph
(a) and (b)(2); removing the ``:'' in paragraph (b), and adding in its
place ``--''; and removing ``the provision at 970.5204-57; or'' in
paragraph (b)(2), and adding in its place ``the clause at 970.5223-4,
Workplace Substance Abuse Programs at DOE Sites; or''.
0
106. Subpart 923.70 is amended by revising the subpart heading to read
as follows:
Subpart 923.70--Environmental, Energy and Water Efficiency,
Renewable Energy Technologies, and Occupational Safety Programs
923.7001 [Amended]
0
107. Section 923.7001 is amended by removing the paragraph designation
``(a)''.
0
108. Section 923.7002 is amended by revising the section heading, the
first sentence in paragraph (a)(1) and by removing in paragraph (a)(5),
``Environment, Safety and Health'' and adding in its place ``Health,
Safety and Security''.
The revisions read as follows:
923.7002 Worker safety and health.
(a)(1) Except when the clause prescribed at 970.1504-8(c) is used,
the clauses entitled ``952.223-76, Conditional Payment of Fee or
Profit--Safeguarding Restricted Data and Other Classified Information
and Protection of Worker Safety and Health'' or ``952.223-77,
Conditional Payment of Fee or Profit--Protection of Worker Safety and
Health'' implement the requirements of section 234C of the Atomic
Energy Act for the use of a contract clause that provides for an
appropriate reduction in the fee or amount paid to the contractor under
the contract in the event of a violation by the contractor or any
contractor employee of any Departmental regulation relating to the
enforcement of worker safety and health concerns. * * *
* * * * *
0
109. Section 923.7003 is revised to read as follows:
923.7003 Contract clauses.
(a) A decision to include or not include environmental, safety and
health clauses in DOE contracts shall be made by the contracting
officer in consultation with appropriate Office of Health, Safety and
Security personnel.
(b) When work is to be performed at a facility where the DOE will
exercise its statutory authority to enforce occupational safety and
health standards applicable to the working conditions of the contractor
and subcontractor employees at such facility, the clause at 952.223-71,
Integration of Environment, Safety, and Health into Work Planning and
Execution, shall be used in such contract or subcontract if conditions
(b)(1) through (3), are satisfied--
(1) DOE work is segregated from the contractor's or subcontractor's
other work;
(2) The operation is of sufficient size to support its own safety
and health services; and
(3) The facility is government-owned, or leased by or for the
account of the government.
(c) In facilities not meeting the requirements of paragraph (b) of
this section and which are a production or utilization facility where
there is use or possession of source, special nuclear, or byproduct
materials, DOE policy is not to enforce radiological safety and health
standards pursuant to the contract or subcontract but rather to rely
upon Nuclear Regulatory Commission (NRC) licensing requirements
(including agreements with States under section 274 of the Atomic
Energy Act). Pursuant to this policy, neither the clause found at
952.223-71, Integration of Environment, Safety, and Health into Work
Planning and Execution, nor 952.223-72, Radiation Protection and
Nuclear Criticality, is to be incorporated in the contracts or
subcontracts for work at such facilities. Notwithstanding this general
policy with respect to facilities not meeting the requirements of
paragraph (b) of this section, the Secretary or his designee may
determine in special cases, that DOE needs to enforce radiological
safety and health standards pursuant to the contract or subcontract
(see paragraph (d) of this section). When such a determination is made,
the clause found at 952.223-72, Radiation Protection and Nuclear
Criticality, shall be included in the contract or subcontract.
[[Page 36366]]
(d) In facilities not meeting the requirements of paragraph (b) or
(c) of this section and where there is a machine capable of producing
ionizing radiation, it is DOE policy not to regulate such activity
where it is adequately regulated by a State or other Federal agency. In
such cases, neither clause 952.223-71, Integration of Environment,
Safety, and Health into Work Planning and Execution, nor 952.223-72,
Radiation Protection and Nuclear Criticality, shall be incorporated in
the contract. Where the contracting officer, with appropriate
environmental, safety and health advice determines that no State or
other Federal agency exists to adequately regulate the operation and/or
use of such machines, the clause found at 952.223-72, Radiation
Protection and Nuclear Criticality, shall be included in the contract.
The Assistant Secretary for Health, Safety and Security (or designee)
shall be consulted to determine if a non-agreement State or a facility
located in a non-agreement State has been reviewed by any other DOE
office to establish that the State agency has the essential authority
and resources for enforcing the radiation protection standards. This is
to assure reasonable consistency in the assessment of radiation
protection in non-agreement States and subsequent use of 952.223-72.
(e) In a situation where the contractor or subcontractor is
performing DOE work at more than one location, inclusion of either, or
both, 952.223-71, Integration of Environment, Safety, and Health into
Work Planning and Execution, and 952.223-72, Radiation Protection and
Nuclear Criticality, may be appropriate. In such cases, the contract or
subcontract must include language to specify the extent of
applicability of each clause used. For example, with a parenthetical:
(Applicable only to work performed at a contractor site which has
952.223-71 or 952.223-72 clause in its contract or subcontract).
(f) Except as prescribed in 970.1504-8(c), the contracting officer
shall insert the clause at 952.223-76, Conditional Payment of Fee or
Profit--Safeguarding Restricted Data and Other Classified Information
and Protection of Worker Safety and Health, in all contracts that
contain both the clause at 952.204-2, Security Requirements, and the
clause at 952.250-70, Nuclear Hazards Indemnity Agreement.
(g) Except as prescribed in 970.1504-8(c), the contracting officer
shall insert the clause at 952.223-77, Conditional Payment of Fee or
Profit--Protection of Worker Safety and Health, in all contracts that
do not contain the clause at 952.204-2, Security Requirements, but that
do contain the clause at 952.250-70, Nuclear Hazards Indemnity
Agreement.
PART 925--FOREIGN ACQUISITION
925.102 [Redesignated as 925.103]
0
110. Redesignate 925.102 as 925.103.
0
111. Revise newly designated 925.103 to read as follows:
925.103 Exceptions.
(a) Contracting officers may make the determination required by FAR
25.103(a), provided such determination is factually supported in
writing. If the contract is estimated to exceed $1 million, the Head of
the Contracting Activity shall approve the determination.
925.105 and 925.108 [Removed]
0
112. Sections 925.105 and 925.108 in subpart 925.1 are removed.
925.204 [Removed]
0
113. Section 925.204 in subpart 925.2 is removed.
0
114. The heading of subpart 925.7 is revised to read as follows:
Subpart 925.7--Prohibited Sources
925.702 [Redesignated as 925.701-70]
0
115. Redesignate section 925.702 as 925.701-70.
0
116. Revise newly designated section 925.701-70 to read as follows:
925.701-70 Prohibited sources.
No contract may be awarded to a company owned by an entity
controlled by a foreign government if performance of the contract will
require access to proscribed information. See subpart 904.71 for
additional guidance.
925.7003 [Amended]
0
117. Section 925.7003 is amended by removing the ``:'' in paragraph (a)
introductory text and adding in its place ``--''; removing the ``,'' in
paragraph (a)(1) and adding in its place ``;''; and removing the ``:''
in paragraph (b) introductory text and adding in its place ``--''.
PART 928--BONDS AND INSURANCE
0
118. The heading for subpart 928.1 is revised to read as follows:
Subpart 928.1--Bonds and Other Financial Protections
0
119. Add a new section 928.101 to subpart 928.1 to read as follows:
928.101 Bid guarantees.
0
120. Add a new section 928.103 to subpart 928.1 to read as follows:
928.103 Performance and payment bonds for other than construction
contracts.
928.301 [Amended]
0
121. Section 928.301 is amended by adding ``part'' before ``950''.
928.370 [Amended]
0
122. Section 928.370(b) introductory text is amended by removing the
``:'' and adding in its place ``--''.
PART 931--CONTRACT COST PRINCIPLES AND PROCEDURES
0
123. Add a new section 931.205 to subpart 931.2 to read as follows:
931.205 Selected costs.
0
124. Section 931.205-19 is amended by revising the section heading;
redesignating paragraph (h) as (f); removing ``48 CFR''; and adding ``,
Insurance-litigation and claims,'' after ``952.231-71''.
The revision reads as follows:
931.205-19 Insurance and Indemnification.
* * * * *
931.205-32 [Amended]
0
125. Section 931.205-32 is amended by removing the word
``Precontract'', in the section heading, and paragraphs (b)(1) and
(b)(4), and adding in its place ``Pre-contract''; and by removing the
word ``precontract'' in paragraphs (a), (b) introductory text, (b)(2),
and (b)(4), and adding in its place ``pre-contract''.
0
126. Section 931.205-33 is amended by revising the heading to read as
follows:
931.205-33 Professional and consultant service costs.
* * * * *
0
127. Section 931.205-47 is amended by revising the heading and removing
the ``;'' in paragraph (h)(2) introductory text and adding in its place
``--''.
The revision reads as follows:
931.205-47 Costs related to legal and other proceedings.
* * * * *
PART 932--CONTRACT FINANCING
0
128. Add a new section 932.006 to part 932 to read as follows:
932.006 Reduction or suspension of contract payments upon finding of
fraud.
0
129. The heading in subpart 932.1 is revised to read as follows:
[[Page 36367]]
Subpart 932.1--Non-Commercial Item Purchase Financing
0
130. Section 932.102 is amended by revising the heading to read as
follows:
932.102 Description of contract financing methods.
* * * * *
0
131. Add a new section 932.304 to subpart 932.2 to read as follows:
932.304 Procedures.
0
132. Add a new section 932.501 to subpart 932.5 to read as follows:
932.501 General.
932.605 [Amended]
0
133. Section 932.605(b) is amended in the first sentence by removing
``DOE'' and adding in its place ``Department of Energy (DOE)''.
932.7003 [Amended]
0
134. Section 932.7003(e) introductory text is amended by removing the
``:'' and adding in its place ``--''.
932.7004-3 [Amended]
0
135. Section 932.7004-3 introductory text is amended by removing the
``:'' and adding in its place ``--''.
PART 933--PROTESTS, DISPUTES, AND APPEALS
Subpart 933.1--Protests
0
136. Section 933.102 is amended by revising the section heading; and in
paragraph (b), adding ``(HCA)'' after ``Activities''.
The revision reads as follows:
933.102 General.
* * * * *
0
137. Section 933.103 is revised to read as follows:
933.103 Protests to the agency.
(i) Protests filed with the contracting officer before or after
award shall be decided by the HCA except for the following cases, which
shall be decided by the Senior Procurement Executive:
(1) The protester requests that the protest be decided by the
Senior Procurement Executive.
(2) The HCA is the contracting officer of record at the time the
protest is filed, having signed either the solicitation where the award
has not been made, or the contract, where the award or nomination of
the apparent successful offeror has been made.
(3) The HCA concludes that one or more of the issues raised in the
protest have the potential for significant impact on Department of
Energy (DOE) acquisition policy.
(j) The Department of Energy encourages direct negotiations between
an offeror and the contracting officer in an attempt to resolve
protests. In those situations where the parties are not able to achieve
resolution, the Department favors the use of alternative dispute
resolution (ADR) techniques to resolve protests. A protest requesting a
decision at the Headquarters level shall state whether the protester is
willing to utilize ADR techniques such as mediation or nonbinding
evaluation of the protest by a neutral party. Both the protester and
the Department must agree that the use of such techniques is
appropriate. If the parties do not mutually agree to utilize ADR
techniques to resolve the protest, the protest will be processed in
accordance with the procedures set forth in paragraph (k).
(k) Upon receipt of a protest lodged with the Department, the
contracting officer shall prepare a report similar to that discussed in
FAR 33.104(a)(3)(iv). The Senior Procurement Executive (for protests at
the Headquarters level or those specific HCA protests cited in
paragraph (i) of this section) or an HCA (for protests at the
contracting activity level) will render a decision on a protest within
35 calendar days, unless a longer period of time is determined to be
needed.
0
138. Section 933.104 is amended by revising the section heading;
removing ``GAO'' in paragraph (b) (first occurrence) and adding in its
place ``Government Accountability Office (GAO)''; and removing ``Head
of the Contracting Activity'' in paragraphs (b), in two places, and
(c), and adding in its place ``HCA''.
The revision reads as follows:
933.104 Protests to GAO.
* * * * *
933.106 [Amended]
0
139. Section 933.106 is amended by removing ``48 CFR'' in paragraphs
(a), (b), and (c).
PART 935--RESEARCH AND DEVELOPMENT CONTRACTING
935.010 [Amended]
0
140. Section 935.010(c) is amended by removing after ``thereto,'' the
remainder of the first sentence and adding in its place
``electronically to the Department of Energy (DOE) Energy Link System
(E-link) at https://www.osti.gov/.''
PART 936--CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS
936.202 [Amended]
0
141. Section 936.202 is amended by removing, in paragraph (d) ``the
regulations prescribed by the General Accounting Office in sections
3020-10 and 3030 of Title 7 of GAO Manual for Guidance of Federal
Agencies'' and adding in its place ``internal financial procedures'';
and removing ``therefor'' in paragraph (e) after ``payments''.
936.602-70 [Amended]
0
142. Section 936.602-70 is amended by removing ``required by 936.601,''
in the introductory paragraph; removing the ``:'' in paragraph (a) in
the first line and adding in its place ``--''; removing the ``:'' in
paragraph (a)(7) and adding in its place ``; or''; and removing the
``:'' in paragraph (b)(1) introductory text and adding in its place
``--''.
Subpart 936.7--[Removed and Reserved]
0
143. Subpart 936.7 consisting of 936.702 is removed and reserved.
PART 939--ACQUISITION OF INFORMATION TECHNOLOGY
939.7001 [Removed and Reserved]
0
144. Section 939.7001 is removed and reserved.
939.7002 [Amended]
0
145. Section 939.7002 is amended by removing ``48 CFR'' in paragraph
(b), second sentence; removing the ``:'' at the end of paragraph (c)
introductory text and adding in its place ``--''; and removing the
``,'' in paragraph (c)(1) and adding in its place ``;''.
PART 941--ACQUISITION OF UTILITY SERVICES
941.201-71 [Amended]
0
146. Section 941.201-71 is amended by removing ``48 CFR''.
PART 942--CONTRACT ADMINISTRATION AND AUDIT SERVICES
0
147. Part 42 title is revised to read as set forth above.
0
148. Section 942.270-2 is revised to read as follows:
942.270-2 Contract clause.
The clause at 952.242-70, Technical Direction, or a clause
substantially the same, may be inserted in solicitations and contracts
when a designated Contracting Officer's Representative will
[[Page 36368]]
issue technical direction to the contractor under the contract.
0
149. Add a new section 942.705 to subpart 942.7 to read as follows:
942.705 Final indirect cost rates.
0
150. Section 942.705-1 is amended by revising the heading to read as
follows:
942.705-1 Contracting officer determination procedure.
* * * * *
0
151. Section 942.705-3 is amended by revising the heading to read as
follows:
942.705-3 Educational institutions.
* * * * *
942.705 [Amended]
0
152. In the table below, for each section indicated in the left column,
remove the word indicated in the middle column from where it appears in
the section, and add the words in the right column:
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
942.705-1(a)(3)................... ``Policy''........... ``Procurement and Assistance Policy''
942.705-3(a)(2)................... ``Policy''........... ``Procurement and Assistance Policy''
942.705-4......................... ``Policy''........... ``Procurement and Assistance Policy''
942.705-5......................... ``Policy''........... ``Procurement and Assistance Policy''
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