Acquisition Regulation: Agency Supplementary Regulations, 32719-32723 [2010-13678]
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Federal Register / Vol. 75, No. 110 / Wednesday, June 9, 2010 / Proposed Rules
§ 54.519 State telecommunications
networks.
(a) Telecommunications services.
State telecommunications networks may
secure discounts under the universal
service support mechanisms on
supported telecommunications services
(as described in § 54.502) on behalf of
applicants. Such State
telecommunications networks shall pass
on such discounts to applicants and
shall:
*
*
*
*
*
(6) Comply with the competitive bid
requirements set forth in § 54.510(b).
(b) Internet access and installation
and maintenance of internal
connections. State telecommunications
networks either may secure discounts
on Internet access and installation and
maintenance of internal connections in
the manner described in paragraph (a) of
this section with regard to
telecommunications, or shall be eligible,
consistent with § 54.502(d), to receive
universal service support for providing
such services to applicants.
[FR Doc. 2010–12930 Filed 6–8–10; 8:45 am]
BILLING CODE 6712–01–P
• Mail to: U.S. Department of Energy,
Office of Procurement and Assistance
Management, MA–611, 1000
Independence Avenue, SW.,
Washington, DC 20585. Comments by email are encouraged.
FOR FURTHER INFORMATION CONTACT:
Barbara Binney at (202) 287–1340 or by
e-mail barbara.binney@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
I. Background
II. Section-by-Section Analysis
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. Approval by the Office of the Secretary
of Energy
I. Background
DEPARTMENT OF ENERGY
48 CFR Part 970
RIN 1991–AB91
Acquisition Regulation: Agency
Supplementary Regulations
Department of Energy.
Notice of proposed rulemaking.
AGENCY:
ACTION:
SUMMARY: The Department of Energy
(DOE) is proposing to amend the
Department of Energy Acquisition
Regulation (DEAR) on DOE Management
and Operating Contracts to make
changes to conform to the Federal
Acquisition Regulation (FAR), remove
out-of-date coverage, and update
references. Today’s proposed rule does
not alter substantive rights or
obligations under current law.
DATES: Written comments on the
proposed rulemaking must be received
on or before close of business July 9,
2010.
You may submit comments,
identified by DEAR: Subchapter I and
RIN 1991–AB91, by any of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• E-mail to:
DEARrulemaking@hq.doe.gov. Include
DEAR: Subchapter I and RIN 1991–
AB91 in the subject line of the message.
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ADDRESSES:
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The Department of Energy
Acquisition Regulation (DEAR)
Subchapter I has sections that need to
be updated to conform with the FAR.
The objective of this action is to update
the existing DEAR Subchapter I—
Agency Supplementary Regulations,
Part 970—DOE Management and
Operating Contracts to conform it to the
FAR. None of these changes are
substantive or of a nature to cause any
significant expense for DOE or its
contractors.
II. Section-by-Section Analysis
DOE proposes to amend the DEAR as
follows:
1. Section 970.0100 is amended to
add the references for the Code of
Federal Regulation (CFR) chapters 1 and
9.
2. Section 970.103 is revised to
remove ‘‘DEAR’’ before 970.0309 and
remove ‘‘FAR’’ before 3.9 and add in its
place ‘‘48 CFR subpart’’ in paragraph
(a)(3).
3. Section 970.0404–2 is amended to
update the DOE Order to 475.1,
Counterintelligence Program.
4. Section 970.19 is amended to revise
the subpart heading and the 970.1907
section heading to conform to the FAR.
5. Section 970.1907–1 is redesignated
as 970.1907–4 to conform to the FAR.
6. Part 970 is revised by adding a new
subpart ‘‘970.25 Foreign Acquisition’’
and section ‘‘970.2570 Contract clauses’’
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which provides instructions on when to
insert and how to modify the clauses at
FAR 52.225–1, Buy American Act—
Supplies, and FAR 52.225–9, Buy
American Act—Construction Materials,
in management and operating contracts.
7. Section 970.3102–05–6 paragraphs
(a)(7)(i) and (ii) are amended to clarify
that the contract will set forth the
reimbursable costs for compensation for
personal services, it removes the
reference to the personnel appendix.
Paragraph (p)(1) revises the reference to
the FAR from the ‘‘Federal Acquisition
Regulation’’ to ‘‘48 CFR.’’
8. Subpart 970.34 is amended by
redesignating 970.3400 as 970.3405 and
970.3400–1 as 970.3405–2 to conform
with the FAR.
9. Subpart 970.37 is revised to add the
new section ‘‘970.3706 Performancebased acquisition’’ and ‘‘970.3706–1
General’’ which references 970.1100 for
policy and guidance on performancebased contracting for management and
operating (M&O) contracts.
10. Section 970.3770–1 is amended by
adding that the use of DOE directives is
prescribed in 970.0470.
11. Section 970.5204–1 is amended by
revising the date of the clause and
removing ‘‘DOE Order 5670.3,
Counterintelligence Program’’ in
paragraph (a) of the clause and adding
in its place ‘‘DOE Order 475.1,
Counterintelligence Program, or its
successor’’.
12. Section 970.5223–3 is amended by
revising the date of the provision and
adding that DOE may grant an extension
to the notification or implementation
period if necessary as per 10 CFR 707.5
(g) in paragraph (b). This change will
provide the contracting officer the
authority to extend the time needed for
the contractor to submit the workplace
substance abuse program plan.
13. Section 970.5223–4 is amended by
revising the date of the clause and
revising the clause to permit the
contracting officer to agree to different
date beyond the 30-day notice by the
contractor for the submission of the
workplace substance abuse program
plan. This change will provide the
Contracting Officer the authority to
extend the time needed for the
Contractor to submit the workplace
substance abuse program plan.
14. Section 970.5226–1 is amended by
revising the punctuation in the last
sentence of the clause.
15. Section 970.5232–3 is amended at
paragraph (h)(1) to add ‘‘or
subcontractor’s’’ after ‘‘contractor’s’’ and
to add ‘‘and to interview any current
employee regarding such transactions’’
after ‘‘hereunder.’’ Section 871 of the
Duncan Hunter National Defense
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Authorization Act for Fiscal Year 2009
and section 902 of Title IX of the
Recovery Act formalized the current
practices permitting access to the
Government Accountability Office to
records and to interview current
employees of contractors and
subcontractors administering contracts.
16. Section 970.5235–1 is amended to
update the clause to reference the clause
48 CFR 970.5217–1 in paragraph (c)
since this clause applies the Work for
Others Program. Also, paragraph (d) is
amended to add the full title of DOE
order 481.1.
17. The rule text is amended as noted
in paragraph 15 and in the tables at
paragraphs 27 and 28 by removing
‘‘FAR’’ or ‘‘DEAR’’ and adding ‘‘48 CFR’’;
removing ‘‘FAR’’ or ‘‘48 CFR’’; adding ‘‘48
CFR’’, revising the punctuation; and
capitalizing Contractor, Contractor’s,
and Contracting Officer.
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 rule 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).
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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
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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 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 that an
agency prepare an initial regulatory
flexibility analysis for any regulation for
which a general notice or proposed
rulemaking is required, unless the
agency certifies that the rule, if
promulgated, will not have a significant
economic impact on a substantial
number of small entities (5 U.S.C.
605(b)). This rule updates references in
the DEAR that apply to public contracts
and does not impose any additional
requirements on small businesses. On
the basis of the foregoing, DOE certifies
that this proposed rule would not have
a significant economic impact on a
substantial number of small entities.
Today’s proposed rule does not alter
any substantive rights or obligations and
consequently, today’s proposed rule
will not have a significant cost or
administrative impact on contractors,
including small entities. Accordingly,
DOE has not prepared a regulatory
flexibility analysis for this rulemaking.
DOE’s certification and supporting
statement of factual basis will be
provided to the Chief Counsel for
Advocacy of the Small Business
Administration pursuant to 5 U.S.C.
605(b).
D. Review Under the Paperwork
Reduction Act
This proposed 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 under the DEAR have
been cleared under OMB control
number 1910–4100.
E. Review Under the National
Environmental Policy Act
DOE has concluded that promulgation
of this proposed 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
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1969 (42 U.S.C. 4321 et seq.).
Specifically, this proposed rule is
categorically excluded from NEPA
review because the amendments to the
DEAR are strictly procedural
(categorical exclusion A6). Therefore,
this proposed 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 the proposed
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
proposes changes that do not alter any
substantive rights or obligations. This
proposed 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
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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.
Issued in Washington, DC on May 19,
2010.
Patrick M. Ferraro,
Acting Director, Office of Procurement and
Assistance Management, Department of
Energy .
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 proposed rule is not a
significant energy action. Accordingly,
DOE has not prepared a Statement of
Energy Effects.
Joseph F. Waddell,
Acting Director, Office of Acquisition and
Supply Management, National Nuclear
Security Administration.
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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
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 the proposed rule under the
OMB and DOE guidelines and has
concluded that it is consistent with
applicable policies in those guidelines.
For the reasons set out in the
preamble, the Department of Energy is
proposing to amend Chapter 9 of Title
48 of the Code of Federal Regulations as
set forth below.
PART 970—DOE MANAGEMENT AND
OPERATING CONTRACTS
1. The authority citation for part 970
continues 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.
Subpart 970.01—Management and
Operating Contract Regulatory System
970.0100
[Amended]
2. Section 970.0100 is amended in the
first sentence, by adding, ‘‘(Chapter 1 of
Title 48 Code of Federal Regulations
(CFR))’’ after ‘‘(FAR)’’ and by adding
‘‘(Chapter 9 of Title 48 CFR)’’ after
‘‘DEAR’’.
970.0103
[Amended]
3. Section 970.0103 is amended by:
a. Removing, in introductory
paragraph (a) heading, ‘‘part’’ and adding
in its place ‘‘Part’’;
b. Removing, in paragraph (a)(3)
‘‘DEAR’’; and
c. Removing, in paragraph (a)(3) ‘‘FAR
3.9’’ and adding in its place ‘‘48 CFR
subpart 3.9’’.
970.0404–2
[Amended]
4. Section 970.0404–2 is amended in
paragraph (b) by removing ‘‘5670.3 (as
amended).’’ at the end of the first
sentence and adding in its place ‘‘475.1,
Counterintelligence Program, or its
successor.’’
Subpart 970.19—Small Business
Programs
5. Revise subpart 970.19 subpart
heading to read as set forth above.
6. Revise 970.1907 section heading to
read as set forth below:
K. Approval by the Office of the
Secretary of Energy
Issuance of this proposed rule has
been approved by the Office of the
Secretary.
970.1907 The Small Business
Subcontracting Program.
List of Subjects in 48 CFR Part 970
Government procurement.
7. Section 970.1907–1 is redesignated
as 970.1907–4.
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970.1907–1
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8. Add a new subpart 970.25,
consisting of 970.2570, to part 970 to
read as follows:
Subpart 970.25—Foreign Acquisition
970.2570
Contract clauses.
Contracting officers shall insert the
clauses at 48 CFR 52.225–1, Buy
American Act—Supplies, and 48 CFR
52.225–9, Buy American Act—
Construction Materials, in management
and operating contracts. The clause at
48 CFR 52.225–1 shall be modified in
paragraph (d) by substituting the word
‘‘use’’ for the word ‘‘deliver.’’
970.2673–1
[Amended]
9. Section 970.2673–1 is amended by:
a. Removing the ‘‘:’’ in introductory
text and adding in its place a ‘‘—’’;
b. Removing the ‘‘,’’ in paragraph (a)
and adding in its place a ‘‘;’’; and
c. Removing the ‘‘,’’ in paragraph (b)
and adding in its place a ‘‘;’’.
10. Section 970.3102–05–6 is
amended by:
a. Revising paragraphs (a)(7)(i) and
(a)(7)(ii) to read as set forth below; and
b. Removing ‘‘Federal Acquisition
Regulation’’ in paragraph (p)(1) and
adding in its place ‘‘48 CFR’’.
970.3102–05–6
services.
Compensation for personal
(a) * * *
(7)(i) Reimbursable costs for
compensation for personal services are
to be set forth in the contract. This
compensation shall be set forth using
the principles and policies of 48 CFR
31.205–6, Compensation, as
supplemented by this section,
970.3102–05–6, and other pertinent
parts of the DEAR. Costs that are
unallowable under other contract terms
shall not be allowable as compensation
for personnel services.
(ii) The contract sets forth, in detail,
personnel costs and related expenses
allowable under the contract and
documents personnel policies, practices
and plans which have been found
acceptable by the contracting officer.
The contractor will advise DOE of any
proposed changes in any matters
covered by these policies, practices, or
plans which relate to personnel costs.
Types of personnel costs and related
expenses addressed in the contract are
as follows: Salaries and wages; bonuses
and incentive compensation; overtime,
shift differential, holiday, and other
premium pay for time worked; welfare
benefits and retirement programs; paid
time off, and salaries and wages to
employees in their capacity as union
stewards and committeemen for time
spent in handling grievances, or serving
on labor management (contractor)
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committees provided, however, that the
contracting officer’s approval is required
in each instance of total compensation
to an individual employee above an
annual rate as specified in the contract.
*
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970.3102–05–46
[Amended]
11. Section 970.3102–05–46 is
amended in paragraph (e)(3)
introductory text by adding ‘‘48 CFR’’
before ‘‘31.109’’.
970.3400 and 970.3400–1
[Redesignated]
12. Redesignate 970.3400 as 970.3405
and 970.3400–1 as 970.3405–2.
13. Add a new section 970.3706 and
970.3706–1 to subpart 970.37 to read as
follows:
970.3706
Performance-based acquisition.
970.3706–1
General.
For policy and guidance on
performance-based contracting for
management and operating (M&O)
contracts, see 970.1100.
14. Section 970.3770–1 is revised to
read as follows:
970.3770–1
Policy.
Contractors managing the Department
of Energy (DOE) facilities shall be
required to comply with the DOE
Directives applicable to facilities
management. The use of the DOE
Directives is prescribed in 970.0470.
15. Section 970.5204–1 is amended
by:
a. Revising the date of the clause to
read as set forth below; and
b. Removing ‘‘DOE Order 5670.3,
Counterintelligence Program;’’ in
paragraph (a) of the clause and adding
in its place ‘‘DOE Order 475.1,
Counterintelligence Program, or its
successor;’’.
The revision reads as follows:
970.5204–1
*
*
Counterintelligence.
*
*
*
COUNTERINTELLIGENCE (XXX 20XX)
*
*
*
*
*
16. Section 970.5223–3 is amended
by:
a. Revising the date of the provision
to read as set forth below; and
b. Adding a new sentence at the end
of paragraph (b) as set forth below.
The revision and addition read as
follows:
970.5223–3 Agreement regarding
Workplace Substance Abuse Programs at
DOE Sites.
*
*
*
*
AGREEMENT REGARDING WORKPLACE
SUBSTANCE ABUSE PROGRAMS AT DOE
SITES (XXX 20XX)
*
*
*
*
*
(b) * * * DOE may grant an extension
to the notification or implementation
period if necessary as per 10 CFR 707.5
(g).
*
*
*
*
*
17. Section 970.5223–4 is amended
by:
a. Revising the date of the clause to
read as set forth below; and
b. Revising paragraph (c)(1).
The revisions read as follows:
970.5223–4 Workplace Substance Abuse
Programs at DOE sites.
*
*
*
*
*
*
*
*
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(c) Subcontracts. (1) The Contractor agrees
to notify the Contracting Officer reasonably
in advance of, but not later than 30 days prior
to, the award of any subcontract the
Contractor believes may be subject to the
requirements of 10 CFR part 707, unless the
Contracting Officer agrees to a different date.
*
*
*
*
*
(End of Clause)
18. Section 970.5232–3 is amended
by:
a. Revising the date of the clause to
read as set forth below; and
970.5232–3
inspection.
*
*
Accounts, records, and
*
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*
ACCOUNTS, RECORDS, AND INSPECTION
(XXX 20XX)
*
*
*
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*
19. Section 970.5235–1 is amended
by:
a. Revising the introductory text and
the date of the clause to read as set forth
below;
b. Removing ‘‘DOE Order 481.1, Work
for Others (Non-Department of Energy
Funded Work) (see current version).’’ in
paragraph (c) and adding in its place
‘‘the clause 48 CFR 970.5217–1 Work for
Others Program.’’; and
c. Adding ‘‘, Work for Others (NonDepartment of Energy Funded Work), or
its successor’’ after ‘‘DOE Order 481.1’’ in
paragraph (d).
The revisions read as follows:
970.5235–1 Federally funded research and
development center sponsoring agreement.
As prescribed in 970.3501–4, insert
the following clause:
FEDERALLY FUNDED RESEARCH AND
DEVELOPMENT CENTER SPONSORING
AGREEMENT (XXX 20XX)
*
*
*
*
*
PART 970—[AMENDED]
20. 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:
Remove
970.1504–1–4(e), in the introductory text, and
(e)(2) in the introductory text
970.2201–1–1
970.2201–1–2(a)(1)(ii)(A)
970.2201–1–2(a)(1)(ii)(C)
970.2201–1–2(a)(1)(iii)
970.2201–1–2(a)(1)(iii)
970.2201–1–2(a)(1)(v)(A)
970.2305–2(b)
970.2306(b)(4)
970.2672–2
970.5215–3(b)(4)(iii) in the first sentence
970.3204–1(a)
970.5222–1 in the last sentence
970.5223–1(b) in the third sentence
970.5223–1(b)(2)
970.5226–1
970.5226–1 in the second sentence
970.5226–1 in the third sentence
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*
WORKPLACE SUBSTANCE ABUSE
PROGRAMS AT DOE SITES (XXX 20XX)
Section
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b. Adding ‘‘or subcontractor’s’’ after
‘‘contractor’s’’ and adding ‘‘and to
interview any current employee
regarding such transactions’’ after
‘‘hereunder’’ in paragraph (h)(1).
The revision reads as follows:
Add
‘‘:’’
‘‘—’’
‘‘48 CFR Subpart’’
‘‘A review must:’’
‘‘including those:’’
‘‘10 CFR Part 707.4’’
‘‘10 CFR Part 707’’
‘‘authorization:’’
‘‘48 CFR 23.5’’
‘‘48 CFR 970.5223–3’’
‘‘48 CFR’’
‘‘contracting officer’’
‘‘48 CFR subpart 932.4’’
‘‘contractor’’
‘‘contractor’s’’
‘‘(ES&H)’’
‘‘contracting officer’’
‘‘contractor’’
‘‘Appendix.’’
‘‘48 CFR subpart’’
‘‘A review must—’’
‘‘including those—’’
‘‘10 CFR 707.4’’
‘‘10 CFR part 707’’
‘‘authorization—’’
‘‘48 CFR subpart 23.5’’
‘‘970.5223–3’’
‘‘subpart’’
‘‘Contracting Officer’’
‘‘subpart 932.4’’
‘‘Contractor’’
‘‘Contractor’s’’
‘‘ES&H’’
‘‘Contracting Officer’’
‘‘Contractor’’
‘‘the Appendix.’’
Frm 00041
Fmt 4702
Sfmt 4702
E:\FR\FM\09JNP1.SGM
09JNP1
Federal Register / Vol. 75, No. 110 / Wednesday, June 9, 2010 / Proposed Rules
Section
Remove
21. In the table below, for each section
indicated in the left column, remove the
word indicated in the right column from
where it appears in the section:
Section
970.2201–1–2(a)(1)(ii)
970.2671–2
970.2672–3
970.2673–2
970.5226–1 introductory text
970.5226–2 introductory text
970.5226–3 introductory text
970.5232–5(b) in two places
Remove
‘‘48 CFR’’
‘‘48 CFR’’
‘‘48 CFR’’
‘‘48 CFR’’
‘‘48 CFR’’
‘‘48 CFR’’
‘‘48 CFR’’
‘‘FAR’’
[FR Doc. 2010–13678 Filed 6–8–10; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF HOMELAND
SECURITY
48 CFR Parts 3015, 3016, and 3052
[Docket No. DHS–2010–0045]
RIN 1601–AA43
Revision of Department of Homeland
Security Acquisition Regulation;
Limitations on Subcontracting in
Emergency Acquisitions (HSAR Case
2009–005)
erowe on DSK5CLS3C1PROD with PROPOSALS-1
AGENCY: Office of the Chief Procurement
Officer, DHS.
ACTION: Proposed rule with requests for
comments.
SUMMARY: The Department of Homeland
Security (DHS) is proposing to amend
its Homeland Security Acquisition
Regulation (HSAR) to implement a
statutory requirement limiting the use of
subcontractors on cost-reimbursement
type contracts entered into by the
Department to facilitate the response to
or recovery from a natural disaster or act
of terrorism or other man-made disaster.
DATES: Comments and related material
submitted electronically must be
submitted to the Federal eRulemaking
Portal https://www.regulations.gov. on or
before August 9, 2010. Comments and
related material submitted by mail must
reach the Department of Homeland
Security, Office of the Chief
Procurement Officer, Acquisition Policy
and Legislation Branch at the address
shown below on or before August 9,
2010 to be considered in the formation
of the final rule.
VerDate Mar<15>2010
14:46 Jun 08, 2010
Jkt 220001
Add
‘‘contractor’’
‘‘Clause __,’’
‘‘Penalties for Unallowable costs;’’
970.5232–2(e)(2)(iv)(B) in the last sentence
970.5232–3(d) in the second sentence
970.5232–3(j) in the last sentence
You may submit comments
identified by DHS docket number DHS–
2010–0045, using any one of the
following methods:
(1) Via the internet at Federal
eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments
and use docket number DHS–2010–
0045.
(2) By mail to the Department of
Homeland Security, Office of the Chief
Procurement Officer, Acquisition Policy
and Legislation Branch, Attn: Jeremy
Olson, 245 Murray Drive, Bldg. 410
(RDS), Washington, DC 20528.
FOR FURTHER INFORMATION CONTACT:
Jeremy Olson, Department of Homeland
Security, Office of the Chief
Procurement Officer, Acquisition Policy
and Legislation Branch, (202) 447–5197.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
I. Request for Comments
II. Background
III. Discussion of Proposed Rule
IV. Regulatory Requirements
A. Executive Order 12866 (Regulatory
Planning and Review)
B. Small Entities
C. Collection of Information
I. Request for Comments
Interested persons are invited to
participate in this rulemaking by
submitting comments and related
materials. Comments and related
materials should be organized by HSAR
Part, and indicate the specific section
that is being commented on. All
comments received will be posted
without change to https://
www.regulations.gov, including any
personal information provided. See
ADDRESSES above for information on
how to submit comments. If you submit
comments by mail, please submit them
in an unbound format, no larger than
81⁄2 by 11 inches, suitable for copying
and electronic filing. You may submit
comments either by mail or via the
internet as identified in the ADDRESSES
section above; but to avoid duplication
DHS requests that you submit comments
and materials by only one method. If
you would like DHS to acknowledge
receipt of comments submitted by mail,
please enclose a self-addressed, stamped
postcard or envelope. DHS will consider
all comments and material received
during the comment period.
Viewing comments and documents:
To view comments and read background
PO 00000
Frm 00042
Fmt 4702
Sfmt 4702
32723
‘‘Contractor’’
‘‘Clause 970.5204–3,’’
‘‘Penalties for Unallowable Costs;’’
documents related to this rulemaking,
go to https://www.regulations.gov, which
contains relevant instructions under the
FAQs tab on the home page.
II. Background
Section 692 of the Post-Katrina
Emergency Management Reform Act of
2006 (PKEMRA), Public Law 109–295,
120 Stat. 1394, 1409 (Oct. 4, 2006),
establishes a limitation on
subcontracting for cost-reimbursement
type contracts above the simplified
acquisition threshold entered into to
facilitate the response to or recovery
from a natural disaster or act of
terrorism or other man-made disaster.
Congress enacted this limitation based
on findings that excessive tiering of
subcontractors under disaster recovery
cost-reimbursement type contracts leads
to inflated overhead charges and poor
prime contractor oversight over
subcontractor work. In order to
implement the statutory requirement,
DHS proposes to amend the Homeland
Security Acquisition Regulation (HSAR)
to add implementing policy.
III. Discussion of Proposed Rule
The proposed rule would revise 48
CFR part 3015, Contracting by
Negotiation; part 3016, Types of
Contracts; and part 3052, Solicitation
Provisions and Contract Clauses, to
limit the use of subcontractors by prime
contractors on certain DHS acquisitions
above the simplified acquisition
threshold (as defined by section 4 of the
Office of Federal Procurement Policy
Act (41 U.S.C. 403) (currently
$100,000)), unless DHS determines that
such requirements are not feasible or
practicable. The authority to determine
whether or not the subcontracting
requirements are not feasible or
practicable rests one level above the
contracting officer. This determination
may be made on the basis of analysis of
information provided by an offeror
seeking a DHS contract or the
contracting officer may prepare a
recommended Determination & Finding
for review and approval by the deciding
official.
Contracts to be covered by the
proposed regulation are those awarded
in response to or recovery from: (1) A
major disaster or emergency declared by
the President under Title IV or Title V
of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act, as
E:\FR\FM\09JNP1.SGM
09JNP1
]]>Agencies
[Federal Register Volume 75, Number 110 (Wednesday, June 9, 2010)]
[Proposed Rules]
[Pages 32719-32723]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-13678]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
48 CFR Part 970
RIN 1991-AB91
Acquisition Regulation: Agency Supplementary Regulations
AGENCY: Department of Energy.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Department of Energy (DOE) is proposing to amend the
Department of Energy Acquisition Regulation (DEAR) on DOE Management
and Operating Contracts to make changes to conform to the Federal
Acquisition Regulation (FAR), remove out-of-date coverage, and update
references. Today's proposed rule does not alter substantive rights or
obligations under current law.
DATES: Written comments on the proposed rulemaking must be received on
or before close of business July 9, 2010.
ADDRESSES: You may submit comments, identified by DEAR: Subchapter I
and RIN 1991-AB91, by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
E-mail to: DEARrulemaking@hq.doe.gov. Include DEAR:
Subchapter I and RIN 1991-AB91 in the subject line of the message.
Mail to: U.S. Department of Energy, Office of Procurement
and Assistance Management, MA-611, 1000 Independence Avenue, SW.,
Washington, DC 20585. Comments by e-mail are encouraged.
FOR FURTHER INFORMATION CONTACT: Barbara Binney at (202) 287-1340 or by
e-mail barbara.binney@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
I. Background
II. Section-by-Section Analysis
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. Approval by the Office of the Secretary of Energy
I. Background
The Department of Energy Acquisition Regulation (DEAR) Subchapter I
has sections that need to be updated to conform with the FAR. The
objective of this action is to update the existing DEAR Subchapter I--
Agency Supplementary Regulations, Part 970--DOE Management and
Operating Contracts to conform it to the FAR. None of these changes are
substantive or of a nature to cause any significant expense for DOE or
its contractors.
II. Section-by-Section Analysis
DOE proposes to amend the DEAR as follows:
1. Section 970.0100 is amended to add the references for the Code
of Federal Regulation (CFR) chapters 1 and 9.
2. Section 970.103 is revised to remove ``DEAR'' before 970.0309
and remove ``FAR'' before 3.9 and add in its place ``48 CFR subpart''
in paragraph (a)(3).
3. Section 970.0404-2 is amended to update the DOE Order to 475.1,
Counterintelligence Program.
4. Section 970.19 is amended to revise the subpart heading and the
970.1907 section heading to conform to the FAR.
5. Section 970.1907-1 is redesignated as 970.1907-4 to conform to
the FAR.
6. Part 970 is revised by adding a new subpart ``970.25 Foreign
Acquisition'' and section ``970.2570 Contract clauses'' which provides
instructions on when to insert and how to modify the clauses at FAR
52.225-1, Buy American Act--Supplies, and FAR 52.225-9, Buy American
Act--Construction Materials, in management and operating contracts.
7. Section 970.3102-05-6 paragraphs (a)(7)(i) and (ii) are amended
to clarify that the contract will set forth the reimbursable costs for
compensation for personal services, it removes the reference to the
personnel appendix. Paragraph (p)(1) revises the reference to the FAR
from the ``Federal Acquisition Regulation'' to ``48 CFR.''
8. Subpart 970.34 is amended by redesignating 970.3400 as 970.3405
and 970.3400-1 as 970.3405-2 to conform with the FAR.
9. Subpart 970.37 is revised to add the new section ``970.3706
Performance-based acquisition'' and ``970.3706-1 General'' which
references 970.1100 for policy and guidance on performance-based
contracting for management and operating (M&O) contracts.
10. Section 970.3770-1 is amended by adding that the use of DOE
directives is prescribed in 970.0470.
11. Section 970.5204-1 is amended by revising the date of the
clause and removing ``DOE Order 5670.3, Counterintelligence Program''
in paragraph (a) of the clause and adding in its place ``DOE Order
475.1, Counterintelligence Program, or its successor''.
12. Section 970.5223-3 is amended by revising the date of the
provision and adding that DOE may grant an extension to the
notification or implementation period if necessary as per 10 CFR 707.5
(g) in paragraph (b). This change will provide the contracting officer
the authority to extend the time needed for the contractor to submit
the workplace substance abuse program plan.
13. Section 970.5223-4 is amended by revising the date of the
clause and revising the clause to permit the contracting officer to
agree to different date beyond the 30-day notice by the contractor for
the submission of the workplace substance abuse program plan. This
change will provide the Contracting Officer the authority to extend the
time needed for the Contractor to submit the workplace substance abuse
program plan.
14. Section 970.5226-1 is amended by revising the punctuation in
the last sentence of the clause.
15. Section 970.5232-3 is amended at paragraph (h)(1) to add ``or
subcontractor's'' after ``contractor's'' and to add ``and to interview
any current employee regarding such transactions'' after ``hereunder.''
Section 871 of the Duncan Hunter National Defense
[[Page 32720]]
Authorization Act for Fiscal Year 2009 and section 902 of Title IX of
the Recovery Act formalized the current practices permitting access to
the Government Accountability Office to records and to interview
current employees of contractors and subcontractors administering
contracts.
16. Section 970.5235-1 is amended to update the clause to reference
the clause 48 CFR 970.5217-1 in paragraph (c) since this clause applies
the Work for Others Program. Also, paragraph (d) is amended to add the
full title of DOE order 481.1.
17. The rule text is amended as noted in paragraph 15 and in the
tables at paragraphs 27 and 28 by removing ``FAR'' or ``DEAR'' and
adding ``48 CFR''; removing ``FAR'' or ``48 CFR''; adding ``48 CFR'',
revising the punctuation; and capitalizing Contractor, Contractor's,
and Contracting Officer.
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 rule 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 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 that
an agency prepare an initial regulatory flexibility analysis for any
regulation for which a general notice or proposed rulemaking is
required, unless the agency certifies that the rule, if promulgated,
will not have a significant economic impact on a substantial number of
small entities (5 U.S.C. 605(b)). This rule updates references in the
DEAR that apply to public contracts and does not impose any additional
requirements on small businesses. On the basis of the foregoing, DOE
certifies that this proposed rule would not have a significant economic
impact on a substantial number of small entities. Today's proposed rule
does not alter any substantive rights or obligations and consequently,
today's proposed rule will not have a significant cost or
administrative impact on contractors, including small entities.
Accordingly, DOE has not prepared a regulatory flexibility analysis for
this rulemaking. DOE's certification and supporting statement of
factual basis will be provided to the Chief Counsel for Advocacy of the
Small Business Administration pursuant to 5 U.S.C. 605(b).
D. Review Under the Paperwork Reduction Act
This proposed 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 under the DEAR have been cleared under OMB control
number 1910-4100.
E. Review Under the National Environmental Policy Act
DOE has concluded that promulgation of this proposed 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 proposed rule is categorically excluded from
NEPA review because the amendments to the DEAR are strictly procedural
(categorical exclusion A6). Therefore, this proposed 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 the proposed 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 proposes changes that do not alter any
substantive rights or obligations. This proposed 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
[[Page 32721]]
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 proposed 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 the
proposed rule under the OMB and DOE guidelines and has concluded that
it is consistent with applicable policies in those guidelines.
K. Approval by the Office of the Secretary of Energy
Issuance of this proposed rule has been approved by the Office of
the Secretary.
List of Subjects in 48 CFR Part 970
Government procurement.
Issued in Washington, DC on May 19, 2010.
Patrick M. Ferraro,
Acting Director, Office of Procurement and Assistance Management,
Department of Energy .
Joseph F. Waddell,
Acting Director, Office of Acquisition and Supply Management, National
Nuclear Security Administration.
For the reasons set out in the preamble, the Department of Energy
is proposing to amend Chapter 9 of Title 48 of the Code of Federal
Regulations as set forth below.
PART 970--DOE MANAGEMENT AND OPERATING CONTRACTS
1. The authority citation for part 970 continues 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.
Subpart 970.01--Management and Operating Contract Regulatory System
970.0100 [Amended]
2. Section 970.0100 is amended in the first sentence, by adding,
``(Chapter 1 of Title 48 Code of Federal Regulations (CFR))'' after
``(FAR)'' and by adding ``(Chapter 9 of Title 48 CFR)'' after ``DEAR''.
970.0103 [Amended]
3. Section 970.0103 is amended by:
a. Removing, in introductory paragraph (a) heading, ``part'' and
adding in its place ``Part'';
b. Removing, in paragraph (a)(3) ``DEAR''; and
c. Removing, in paragraph (a)(3) ``FAR 3.9'' and adding in its
place ``48 CFR subpart 3.9''.
970.0404-2 [Amended]
4. Section 970.0404-2 is amended in paragraph (b) by removing
``5670.3 (as amended).'' at the end of the first sentence and adding in
its place ``475.1, Counterintelligence Program, or its successor.''
Subpart 970.19--Small Business Programs
5. Revise subpart 970.19 subpart heading to read as set forth
above.
6. Revise 970.1907 section heading to read as set forth below:
970.1907 The Small Business Subcontracting Program.
* * * * *
970.1907-1 [Redesignated]
7. Section 970.1907-1 is redesignated as 970.1907-4.
8. Add a new subpart 970.25, consisting of 970.2570, to part 970 to
read as follows:
Subpart 970.25--Foreign Acquisition
970.2570 Contract clauses.
Contracting officers shall insert the clauses at 48 CFR 52.225-1,
Buy American Act--Supplies, and 48 CFR 52.225-9, Buy American Act--
Construction Materials, in management and operating contracts. The
clause at 48 CFR 52.225-1 shall be modified in paragraph (d) by
substituting the word ``use'' for the word ``deliver.''
970.2673-1 [Amended]
9. Section 970.2673-1 is amended by:
a. Removing the ``:'' in introductory text and adding in its place
a ``--'';
b. Removing the ``,'' in paragraph (a) and adding in its place a
``;''; and
c. Removing the ``,'' in paragraph (b) and adding in its place a
``;''.
10. Section 970.3102-05-6 is amended by:
a. Revising paragraphs (a)(7)(i) and (a)(7)(ii) to read as set
forth below; and
b. Removing ``Federal Acquisition Regulation'' in paragraph (p)(1)
and adding in its place ``48 CFR''.
970.3102-05-6 Compensation for personal services.
(a) * * *
(7)(i) Reimbursable costs for compensation for personal services
are to be set forth in the contract. This compensation shall be set
forth using the principles and policies of 48 CFR 31.205-6,
Compensation, as supplemented by this section, 970.3102-05-6, and other
pertinent parts of the DEAR. Costs that are unallowable under other
contract terms shall not be allowable as compensation for personnel
services.
(ii) The contract sets forth, in detail, personnel costs and
related expenses allowable under the contract and documents personnel
policies, practices and plans which have been found acceptable by the
contracting officer. The contractor will advise DOE of any proposed
changes in any matters covered by these policies, practices, or plans
which relate to personnel costs. Types of personnel costs and related
expenses addressed in the contract are as follows: Salaries and wages;
bonuses and incentive compensation; overtime, shift differential,
holiday, and other premium pay for time worked; welfare benefits and
retirement programs; paid time off, and salaries and wages to employees
in their capacity as union stewards and committeemen for time spent in
handling grievances, or serving on labor management (contractor)
[[Page 32722]]
committees provided, however, that the contracting officer's approval
is required in each instance of total compensation to an individual
employee above an annual rate as specified in the contract.
* * * * *
970.3102-05-46 [Amended]
11. Section 970.3102-05-46 is amended in paragraph (e)(3)
introductory text by adding ``48 CFR'' before ``31.109''.
970.3400 and 970.3400-1 [Redesignated]
12. Redesignate 970.3400 as 970.3405 and 970.3400-1 as 970.3405-2.
13. Add a new section 970.3706 and 970.3706-1 to subpart 970.37 to
read as follows:
970.3706 Performance-based acquisition.
970.3706-1 General.
For policy and guidance on performance-based contracting for
management and operating (M&O) contracts, see 970.1100.
14. Section 970.3770-1 is revised to read as follows:
970.3770-1 Policy.
Contractors managing the Department of Energy (DOE) facilities
shall be required to comply with the DOE Directives applicable to
facilities management. The use of the DOE Directives is prescribed in
970.0470.
15. Section 970.5204-1 is amended by:
a. Revising the date of the clause to read as set forth below; and
b. Removing ``DOE Order 5670.3, Counterintelligence Program;'' in
paragraph (a) of the clause and adding in its place ``DOE Order 475.1,
Counterintelligence Program, or its successor;''.
The revision reads as follows:
970.5204-1 Counterintelligence.
* * * * *
COUNTERINTELLIGENCE (XXX 20XX)
* * * * *
16. Section 970.5223-3 is amended by:
a. Revising the date of the provision to read as set forth below;
and
b. Adding a new sentence at the end of paragraph (b) as set forth
below.
The revision and addition read as follows:
970.5223-3 Agreement regarding Workplace Substance Abuse Programs at
DOE Sites.
* * * * *
AGREEMENT REGARDING WORKPLACE SUBSTANCE ABUSE PROGRAMS AT DOE SITES
(XXX 20XX)
* * * * *
(b) * * * DOE may grant an extension to the notification or
implementation period if necessary as per 10 CFR 707.5 (g).
* * * * *
17. Section 970.5223-4 is amended by:
a. Revising the date of the clause to read as set forth below; and
b. Revising paragraph (c)(1).
The revisions read as follows:
970.5223-4 Workplace Substance Abuse Programs at DOE sites.
* * * * *
WORKPLACE SUBSTANCE ABUSE PROGRAMS AT DOE SITES (XXX 20XX)
* * * * *
(c) Subcontracts. (1) The Contractor agrees to notify the
Contracting Officer reasonably in advance of, but not later than 30
days prior to, the award of any subcontract the Contractor believes
may be subject to the requirements of 10 CFR part 707, unless the
Contracting Officer agrees to a different date.
* * * * *
(End of Clause)
18. Section 970.5232-3 is amended by:
a. Revising the date of the clause to read as set forth below; and
b. Adding ``or subcontractor's'' after ``contractor's'' and adding
``and to interview any current employee regarding such transactions''
after ``hereunder'' in paragraph (h)(1).
The revision reads as follows:
970.5232-3 Accounts, records, and inspection.
* * * * *
ACCOUNTS, RECORDS, AND INSPECTION (XXX 20XX)
* * * * *
19. Section 970.5235-1 is amended by:
a. Revising the introductory text and the date of the clause to
read as set forth below;
b. Removing ``DOE Order 481.1, Work for Others (Non-Department of
Energy Funded Work) (see current version).'' in paragraph (c) and
adding in its place ``the clause 48 CFR 970.5217-1 Work for Others
Program.''; and
c. Adding ``, Work for Others (Non-Department of Energy Funded
Work), or its successor'' after ``DOE Order 481.1'' in paragraph (d).
The revisions read as follows:
970.5235-1 Federally funded research and development center sponsoring
agreement.
As prescribed in 970.3501-4, insert the following clause:
FEDERALLY FUNDED RESEARCH AND DEVELOPMENT CENTER SPONSORING AGREEMENT
(XXX 20XX)
* * * * *
PART 970--[AMENDED]
20. 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 Add
----------------------------------------------------------------------------------------------------------------
970.1504-1-4(e), in the ``:'' ``--''
introductory text, and
(e)(2) in the
introductory text
970.2201-1-1 ``48 CFR Subpart'' ``48 CFR subpart''
970.2201-1-2(a)(1)(ii)(A) ``A review must:'' ``A review must--''
970.2201-1-2(a)(1)(ii)(C) ``including those:'' ``including those--''
970.2201-1-2(a)(1)(iii) ``10 CFR Part 707.4'' ``10 CFR 707.4''
970.2201-1-2(a)(1)(iii) ``10 CFR Part 707'' ``10 CFR part 707''
970.2201-1-2(a)(1)(v)(A) ``authorization:'' ``authorization--''
970.2305-2(b) ``48 CFR 23.5'' ``48 CFR subpart 23.5''
970.2306(b)(4) ``48 CFR 970.5223-3'' ``970.5223-3''
970.2672-2 ``48 CFR'' ``subpart''
970.5215-3(b)(4)(iii) in ``contracting officer'' ``Contracting Officer''
the first sentence
970.3204-1(a) ``48 CFR subpart 932.4'' ``subpart 932.4''
970.5222-1 in the last ``contractor'' ``Contractor''
sentence
970.5223-1(b) in the third ``contractor's'' ``Contractor's''
sentence
970.5223-1(b)(2) ``(ES&H)'' ``ES&H''
970.5226-1 ``contracting officer'' ``Contracting Officer''
970.5226-1 in the second ``contractor'' ``Contractor''
sentence
970.5226-1 in the third ``Appendix.'' ``the Appendix.''
sentence
[[Page 32723]]
970.5232-2(e)(2)(iv)(B) in ``contractor'' ``Contractor''
the last sentence
970.5232-3(d) in the ``Clause ----,'' ``Clause 970.5204-3,''
second sentence
970.5232-3(j) in the last ``Penalties for ``Penalties for Unallowable Costs;''
sentence Unallowable costs;''
----------------------------------------------------------------------------------------------------------------
21. In the table below, for each section indicated in the left
column, remove the word indicated in the right column from where it
appears in the section:
------------------------------------------------------------------------
Section Remove
------------------------------------------------------------------------
970.2201-1-2(a)(1)(ii) ``48 CFR''
970.2671-2 ``48 CFR''
970.2672-3 ``48 CFR''
970.2673-2 ``48 CFR''
970.5226-1 introductory text ``48 CFR''
970.5226-2 introductory text ``48 CFR''
970.5226-3 introductory text ``48 CFR''
970.5232-5(b) in two places ``FAR''
------------------------------------------------------------------------
[FR Doc. 2010-13678 Filed 6-8-10; 8:45 am]
BILLING CODE 6450-01-P
