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Department of Energy Acquisition Regulation: Technical Amendment

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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.

Start Further Info

FOR FURTHER INFORMATION CONTACT:

Barbara Binney at (202) 287-1340 or by e-mail at barbara.binney@hq.doe.gov.

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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The DEAR has typographical errors, outdated citations, missing words, acronyms that need to be spelled out, and other errors of a technical nature.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, Start Printed Page 36359by 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 http://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 http://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.Start Printed 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.

Start List of Subjects

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

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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.

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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.

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1. Authority citations are revised:

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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:

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Authority: 42 U.S.C. 7101 et seq. and 50 U.S.C. 2401 et seq.

End Authority Start Amendment Part

b. For parts 911, 950 and 970, the authority citations are revised to read as follows:

End Amendment Part Start Authority

Authority: 42 U.S.C. 2201; 2282a; 2282b; 2282c; 42 U.S.C. 7101 et seq.; 50 U.S.C. 2401 et seq.

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PART 901—FEDERAL ACQUISITION REGULATIONS SYSTEM

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2. Section 901.602-3 is amended by revising the section heading to read as follows:

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Start Printed Page 36361
Ratification of unauthorized commitments.
* * * * *
Start Part

PART 903—IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST

[Redesignated as 903.104-1]
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3. Redesignate 903.104-3 as 903.104-1.

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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 “

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[Redesignated as 903.104-7]
Start Amendment Part

5. Redesignate 903.104-10 as 903.104-7.

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6. Amend newly designated section 903.104-7 by revising the section heading to read as follows:

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Violations or possible violations.
* * * * *
Start Amendment Part

7. Remove “

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8. Add in newly designated 903.104-7, first sentence, commas, after “(2)” and “Policy Act”.

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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;”.

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[Redesignated as 903.405]
Start Amendment Part

10. Redesignate section 903.408-1 as 903.405.

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11. Newly redesignated section 903.405 is amended by revising the section heading to read as follows:

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Misrepresentations or violations of the Covenant Against Contingent Fees.
* * * * *
[Amended]
Start Amendment Part

12. Section 903.502 is amended by removing the paragraph (b) designation at the beginning of the paragraph.

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13. Revise the heading for subpart 903.9 to read as follows:

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Subpart 903.9—Whistleblower Protections for Contractor Employees

[Redesignated 903.900, 903.901 and 903.902]
Start Amendment Part

14. Redesignate sections 903.901, 903.902, and 903.903 as sections 903.900, 903.901 and 903.902, respectively.

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15. Newly designated section 903.900 is amended by revising the heading to read as follows:

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Scope of subpart.
* * * * *
Start Part

PART 904—ADMINISTRATIVE MATTERS

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16. Section 904.402 is amended by:

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a. Removing in paragraph (a), “DOE's” and adding in its place “Department of Energy's (DOE)”;

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b. Revising the last sentence in paragraph (c)(1);

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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”;

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d. Removing the “:” at the end of the introductory text of paragraph (c)(3) and adding “—” in its place; and

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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”.

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The revision reads as follows:

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.

* * * * *
Start Amendment Part

17. Section 904.404 is amended by:

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a. Revising the section heading;

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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

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c. Revising paragraph (d)(6).

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The revisions read as follows:

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.

* * * * *
Start Amendment Part

18. Section 904.702 is revised to read as follows:

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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.

Start Amendment Part

19. The heading for subpart 904.8 is revised to read as follows:

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Subpart 904.8—Government Contract Files

[Amended]
Start Amendment Part

20. Section 904.803 is amended by removing the word “procurement” and adding in its place the word “acquisition”.

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21. Add a new section 904.804 to read as follows:

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Closeout of contract files.
Start Amendment Part

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:

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Closeout by the office administering the contract.
* * * * *
Start Amendment Part

23. Revise section 904.805 to read as follows:

End Amendment Part
Storage, handling, and disposal of contract files.

Contract files shall be disposed of in accordance with applicable DOE Order 243.1. (See current version.)

Start Amendment Part

24. Revise the section heading for section 904.7000 to read as follows:

End Amendment Part
Scope of subpart.
* * * * *
[Amended]
Start Amendment Part

25. Section 904.7002 is amended by:

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a. Removing “following:” at the end of the introductory text of the definition of “

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b. Removing “person,” in paragraph (3) of the definition of “

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Start Printed Page 36362
[Amended]
Start Amendment Part

26. Section 904.7003 is amended by:

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a. Adding “Facility Clearance,” in paragraph (c), second sentence after “952.204-73”;

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b. Removing the punctuation “:” in paragraph (d), first sentence, after the word “unless” and adding in its place “—”;

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c. Removing “

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d. Removing “48 CFR” in the paragraph (d)(2).

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[Amended]
Start Amendment Part

27. Section 904.7101 is amended by:

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a. Removing the last sentence in the definition of

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b. Removing the “,” at the end of the sentence in paragraph (4), in the definition of

End Amendment Part
[Amended]
Start Amendment Part

28. Section 904.7102 is amended by:

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a. Removing the “:” in paragraphs (a) introductory text, and (b) introductory text, last sentences, and adding in its place “—”; and

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b. Removing “DEAR 952.204-73” in paragraph (e), and adding in its place, “952.204-73, Facility Clearance”.

End Amendment Part
[Amended]
Start Amendment Part

29. Section 904.7103 is amended by:

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a. Removing “48 CFR” in paragraphs (a) and (b);

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b. Adding “, Facility Clearance.” after “952.204-73” in paragraph (a); and

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c. Adding “, Security.” after “952.204-2” in paragraph (b).

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[Amended]
Start Amendment Part

30. Section 904.7201 is amended by adding “, Public Affairs,” after “952.204-75.”

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31. The heading for subchapter B is revised to read as follows:

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Subchapter B—Competition Acquisition Planning

Start Part

PART 908—REQUIRED SOURCES OF SUPPLIES AND SERVICES

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32. Section 908.802 is amended by revising the section heading and removing “

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The revision reads as follows:

Policy.
* * * * *
Start Amendment Part

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).

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The revision reads as follows:

Contract clauses.
* * * * *
[Amended]
Start Amendment Part

34. Section 908.7105 is amended by removing “DOE-PMR

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[Amended]
Start Amendment Part

35. Section 908.7106 is amended by removing “DOE-PMR

End Amendment Part
[Removed and Reserved]
Start Amendment Part

36. Section 908.7108 is removed and reserved.

End Amendment Part
[Amended]
Start Amendment Part

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.”

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38. Section 908.7113 is revised to read as follows:

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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.”

Start Amendment Part

39. Section 908.7115 is amended by revising paragraph (a) to read as follows:

End Amendment Part
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.

* * * * *
Start Part

PART 909—CONTRACTOR QUALIFICATIONS

End Part Start Amendment Part

40. Add a new section 909.104 to subpart 909.1 to read as follows:

End Amendment Part
Standards.
[Amended]
Start Amendment Part

41. Section 909.104-1, paragraph (h) is amended by removing “48 CFR”.

End Amendment Part Start Amendment Part

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, “

End Amendment Part

The revision reads as follows:

Application of standards.
* * * * *
[Amended]
Start Amendment Part

43. Section 909.400 is amended by removing the “.” at the end of paragraph (a) and adding in its place a “;”.

End Amendment Part
[Amended]
Start Amendment Part

44. Section 909.403 is amended by:

End Amendment Part Start Amendment Part

a. Adding “

End Amendment Part Start Amendment Part

b. Removing the words “

End Amendment Part Start Amendment Part

c. Removing the words “

End Amendment Part Start Amendment Part

45. Section 909.406-2 is amended by:

End Amendment Part Start Amendment Part

a. Revising the section heading to read as set forth below;

End Amendment Part Start Amendment Part

b. Removing “DOE” in the introductory text of paragraph (c);

End Amendment Part Start Amendment Part

c. Removing “; and” in paragraph (c)(1) after “subcontract” and adding in its place a period; and

End Amendment Part Start Amendment Part

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.

End Amendment Part
Causes for debarment.
* * * * *
Start Amendment Part

46. Section 909.406-3 is amended by revising the section heading to read as follows:

End Amendment Part
Procedures.
* * * * *
[Redesignated 909.406-70]
Start Amendment Part

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.

End Amendment Part Start Amendment Part

48. Add a new section 909.407 to subpart 909.4 to read as follows:

End Amendment Part
Start Printed Page 36363
Suspension.
Start Amendment Part

49. Section 909.407-2 is amended by:

End Amendment Part Start Amendment Part

a. Revising the section heading;

End Amendment Part Start Amendment Part

b. Removing the “:” at the end of the introductory text of paragraph (d) and adding in its place “—”;

End Amendment Part Start Amendment Part

c. Removing “48 CFR (DEAR)” in paragraphs (d)(1) and (d)(2);

End Amendment Part Start Amendment Part

d. Removing the “.” in paragraph (d)(1) and adding in its place a semicolon; and

End Amendment Part Start Amendment Part

e. Removing the “.” at the end of the sentence in paragraph (d)(2) and adding in its place “; or”.

End Amendment Part

The revision reads as follows:

Causes for suspension.
* * * * *
Start Amendment Part

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).

End Amendment Part

The revision reads as follows:

Procedures.
* * * * *
Start Amendment Part

51. Section 909.503 is revised to read as follows:

End Amendment Part
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.

Start Amendment Part

52. Section 909.504 is amended by revising the section heading and by removing “48 CFR” in paragraph (e).

End Amendment Part

The revision reads as follows:

Contracting officer responsibilities.
* * * * *
Start Amendment Part

53. Section 909.507-1 is amended by revising the section heading and removing “48 CFR” in paragraph (e).

End Amendment Part

The revision reads as follows:

Solicitation provisions.
* * * * *
[Amended]
Start Amendment Part

54. Section 909.507-2 is amended by removing “48 CFR” in paragraphs (a)(1), (a)(2) and (b).

End Amendment Part Start Part

PART 911—DESCRIBING AGENCY NEEDS

[Amended]
End Part Start Amendment Part

55. Section 911.604(b) is amended by adding a “,” after “Energy)”.

End Amendment Part Start Part

PART 912—ACQUISITION OF COMMERCIAL ITEMS

End Part Start Amendment Part

56. Section 912.302 is revised to read as follows:

End Amendment Part
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.

Start Part

PART 913—SIMPLIFIED ACQUISITION PROCEDURES

End Part Start Amendment Part

57. Section 913.307 is amended by revising the section heading to read as follows:

End Amendment Part
Forms.
* * * * *
Start Part

PART 914—SEALED BIDDING

End Part Start Amendment Part

58. Add a new section 914.404 to subpart 914.4 to read as follows:

End Amendment Part
Rejection of bids.
[Amended]
Start Amendment Part

59. Section 914.404-1, paragraph (c), is amended by removing “Procurement Executive has” and adding in its place “Senior Procurement Executives have”.

End Amendment Part
[Amended]
Start Amendment Part

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”.

End Amendment Part
[Amended]
Start Amendment Part

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.

End Amendment Part
[Redesignated]
Start Amendment Part

62. Section 914.408-2 is redesignated as 914.409-2.

End Amendment Part Start Part

PART 915—CONTRACTING BY NEGOTIATION

End Part Start Amendment Part

63. Section 915.200 is revised to read as follows:

End Amendment Part
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).

Start Amendment Part

64. Add a new section 915.207 to subpart 915.2 to read as follows:

End Amendment Part
Handling proposals and information.
Start Amendment Part

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”.

End Amendment Part

The revision reads as follows:

Handling proposals and information during evaluation.
* * * * *
Start Amendment Part

66. Section 915.305 is amended by revising the section heading to read as follows:

End Amendment Part
Proposal evaluation.
* * * * *
Start Amendment Part

67. Add a new section 915.404 to subpart 915.4 to read as follows:

End Amendment Part
Proposal analysis.
Start Amendment Part

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).

End Amendment Part

The revision reads as follows:

Information to support proposal analysis.
* * * * *
[Amended]
Start Amendment Part

69. Section 915.404-2-70 is amended by removing the “:” in paragraph (a), and adding in its place “—”.

End Amendment Part Start Amendment Part

70. Section 915.404-4 is amended by revising the section heading to read as follows:

End Amendment Part
Profit.
* * * * *
[Redesignated 915.404-4-70-2]
Start Amendment Part

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”.

End Amendment Part
[Amended]
Start Amendment Part

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”.

End Amendment Part
[Amended]
Start Amendment Part

73. Section 915.404-4-70-5(d) is amended by removing “48 CFR”.

End Amendment Part
[Amended]
Start Amendment Part

74. Section 915.404-4-70-6 is amended by removing “48 CFR”.

End Amendment Part
Start Printed Page 36364
[Amended]
Start Amendment Part

75. Section 915.404-4-70-7 is amended by removing “48 CFR” in paragraphs (a) and (b).

End Amendment Part
[Amended]
Start Amendment Part

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”.

End Amendment Part
[Amended]
Start Amendment Part

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 “;”.

End Amendment Part
[Amended]
Start Amendment Part

78. Section 915.404-4-71-4(a) is amended by removing “48 CFR”.

End Amendment Part
[Amended]
Start Amendment Part

79. Remove “48 CFR” in 915.404-4-71-5, all occurrences, in paragraphs (a), (e)(1), and (e)(3).

End Amendment Part
[Amended]
Start Amendment Part

80. Section 915.404-4-71-6 is amended by removing “(See

End Amendment Part
[Amended]
Start Amendment Part

81. Section 915.404-4-72 is amended by removing “48 CFR” in all occurrences in paragraphs (a) introductory text, (a)(1), and (b).

End Amendment Part Start Amendment Part

82. Add a new section 915.408 to subpart 915.4 to read as follows:

End Amendment Part
Solicitation provisions and contract clauses.
Start Amendment Part

83. Section 915.408-70 is amended by revising the section heading and removing “48 CFR” in all occurrences.

End Amendment Part

The revision reads as follows:

Key Personnel clause.
* * * * *
[Amended]
Start Amendment Part

84. Section 915.602 is amended by removing paragraph (b).

End Amendment Part Start Amendment Part

85. Section 915.603 is amended by revising the section heading and redesignating paragraph (e) as (f).

End Amendment Part

The revision reads as follows:

General.
* * * * *
Start Amendment Part

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”.

End Amendment Part

The revision reads as follows:

Content of unsolicited proposals.
* * * * *
Start Amendment Part

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”.

End Amendment Part

The revision reads as follows:

Agency procedures.
* * * * *
Start Amendment Part

88. Section 915.607 is revised to read as follows:

End Amendment Part
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.

Start Part

PART 916—TYPES OF CONTRACTS

[Amended]
End Part Start Amendment Part

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”.

End Amendment Part
[Redesignated as 916.405-2]
Start Amendment Part

90. Redesignate section 916.404-2 as 916.405-2.

End Amendment Part Start Amendment Part

91. Add a new section 916.405 to read as follows:

End Amendment Part
Cost-reimbursement incentive contracts.
Start Amendment Part

92. The heading for section 916.504 is revised to read as follows:

End Amendment Part
Indefinite-quantity contracts.
* * * * *
Start Amendment Part

93. Section 916.505 is amended by revising it to read as follows:

End Amendment Part
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.

[Removed and Reserved]
Start Amendment Part

94. Section 916.601 in subpart 916.6 is removed and reserved.

End Amendment Part Start Part

PART 917—SPECIAL CONTRACTING METHODS

End Part Start Amendment Part

95. Section 917.600, paragraph (a) is revised and paragraph (b) is amended by removing “48 CFR”.

End Amendment Part

The revision reads as follows:

Scope of subpart.

(a) This subpart implements 48 CFR subpart 17.6, Management and Start Printed Page 36365Operating 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.

* * * * *
[Amended]
Start Amendment Part

96. Section 917.7200(a) is amended by removing the word “non-nuclear” and adding in its place “non nuclear”.

End Amendment Part Start Part

PART 922—APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITION

[Amended]
End Part Start Amendment Part

97. Section 922.103-4(d) is amended by:

End Amendment Part Start Amendment Part

a. Removing the introductory heading “

End Amendment Part Start Amendment Part

b. Removing “DOE” and adding in its place “Department of Energy (DOE)” in paragraph (d)(1) introductory text;

End Amendment Part Start Amendment Part

c. Removing the “:” and adding in its place “—” at the end of paragraph (d)(1) introductory text;

End Amendment Part Start Amendment Part

d. Removing the word “means” and adding in its place “means—” in paragraph (d)(1)(i), second sentence; and

End Amendment Part Start Amendment Part

e. Removing “advance,” and adding in its place “advance;” in paragraph (d)(1)(i)(A).

End Amendment Part
[Amended]
Start Amendment Part

98. Section 922.103-5 is amended in the last sentence by adding the word “subpart” after the word “See”.

End Amendment Part
[Removed and Reserved]
Start Amendment Part

99. Section 922.802 is removed and reserved.

End Amendment Part Start Amendment Part

100. The heading for Part 923 is revised to read as follows:

End Amendment Part Start Part

PART 923—ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE ENERGY TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE

End Part Start Amendment Part

101. Section 923.405 is amended by revising the section heading to read as follows:

End Amendment Part
Procedures.
* * * * *
Start Amendment Part

102. The heading for subpart 923.5 is revised to read as follows:

End Amendment Part

Subpart 923.5—Drug-Free Workplace

[Amended]
Start Amendment Part

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 “—”.

End Amendment Part
[Amended]
Start Amendment Part

104. Section 923.570-2 is amended in paragraphs (a) and (b) by removing “48 CFR” in three places.

End Amendment Part
[Amended]
Start Amendment Part

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”.

End Amendment Part Start Amendment Part

106. Subpart 923.70 is amended by revising the subpart heading to read as follows:

End Amendment Part

Subpart 923.70—Environmental, Energy and Water Efficiency, Renewable Energy Technologies, and Occupational Safety Programs

[Amended]
Start Amendment Part

107. Section 923.7001 is amended by removing the paragraph designation “(a)”.

End Amendment Part Start Amendment Part

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”.

End Amendment Part

The revisions read as follows:

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. * * *

* * * * *
Start Amendment Part

109. Section 923.7003 is revised to read as follows:

End Amendment Part
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.Start Printed 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.

Start Part

PART 925—FOREIGN ACQUISITION

[Redesignated as 925.103]
End Part Start Amendment Part

110. Redesignate 925.102 as 925.103.

End Amendment Part Start Amendment Part

111. Revise newly designated 925.103 to read as follows:

End Amendment Part
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.

Start Amendment Part

112. Sections 925.105 and 925.108 in subpart 925.1 are removed.

End Amendment Part
[Removed]
Start Amendment Part

113. Section 925.204 in subpart 925.2 is removed.

End Amendment Part Start Amendment Part

114. The heading of subpart 925.7 is revised to read as follows:

End Amendment Part

Subpart 925.7—Prohibited Sources

[Redesignated as 925.701-70]
Start Amendment Part

115. Redesignate section 925.702 as 925.701-70.

End Amendment Part Start Amendment Part

116. Revise newly designated section 925.701-70 to read as follows:

End Amendment Part
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.

[Amended]
Start Amendment Part

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 “—”.

End Amendment Part Start Part

PART 928—BONDS AND INSURANCE

End Part Start Amendment Part

118. The heading for subpart 928.1 is revised to read as follows:

End Amendment Part

Subpart 928.1—Bonds and Other Financial Protections

Start Amendment Part

119. Add a new section 928.101 to subpart 928.1 to read as follows:

End Amendment Part
Bid guarantees.
Start Amendment Part

120. Add a new section 928.103 to subpart 928.1 to read as follows:

End Amendment Part
Performance and payment bonds for other than construction contracts.
[Amended]
Start Amendment Part

121. Section 928.301 is amended by adding “part” before “950”.

End Amendment Part
[Amended]
Start Amendment Part

122. Section 928.370(b) introductory text is amended by removing the “:” and adding in its place “—”.

End Amendment Part Start Part

PART 931—CONTRACT COST PRINCIPLES AND PROCEDURES

End Part Start Amendment Part

123. Add a new section 931.205 to subpart 931.2 to read as follows:

End Amendment Part
Selected costs.
Start Amendment Part

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”.

End Amendment Part

The revision reads as follows:

Insurance and Indemnification.
* * * * *
[Amended]
Start Amendment Part

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”.

End Amendment Part Start Amendment Part

126. Section 931.205-33 is amended by revising the heading to read as follows:

End Amendment Part
Professional and consultant service costs.
* * * * *
Start Amendment Part

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 “—”.

End Amendment Part

The revision reads as follows:

Costs related to legal and other proceedings.
* * * * *
Start Part

PART 932—CONTRACT FINANCING

End Part Start Amendment Part

128. Add a new section 932.006 to part 932 to read as follows:

End Amendment Part
Reduction or suspension of contract payments upon finding of fraud.
Start Amendment Part

129. The heading in subpart 932.1 is revised to read as follows:

End Amendment Part Start Printed Page 36367

Subpart 932.1—Non-Commercial Item Purchase Financing

Start Amendment Part

130. Section 932.102 is amended by revising the heading to read as follows:

End Amendment Part
Description of contract financing methods.
* * * * *
Start Amendment Part

131. Add a new section 932.304 to subpart 932.2 to read as follows:

End Amendment Part
Procedures.
Start Amendment Part

132. Add a new section 932.501 to subpart 932.5 to read as follows:

End Amendment Part
General.
[Amended]
Start Amendment Part

133. Section 932.605(b) is amended in the first sentence by removing “DOE” and adding in its place “Department of Energy (DOE)”.

End Amendment Part
[Amended]
Start Amendment Part

134. Section 932.7003(e) introductory text is amended by removing the “:” and adding in its place “—”.

End Amendment Part
[Amended]
Start Amendment Part

135. Section 932.7004-3 introductory text is amended by removing the “:” and adding in its place “—”.

End Amendment Part Start Part

PART 933—PROTESTS, DISPUTES, AND APPEALS

Subpart 933.1—Protests

End Part Start Amendment Part

136. Section 933.102 is amended by revising the section heading; and in paragraph (b), adding “(HCA)” after “Activities”.

End Amendment Part

The revision reads as follows:

General.
* * * * *
Start Amendment Part

137. Section 933.103 is revised to read as follows:

End Amendment Part
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.

Start Amendment Part

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”.

End Amendment Part

The revision reads as follows:

Protests to GAO.
* * * * *
[Amended]
Start Amendment Part

139. Section 933.106 is amended by removing “48 CFR” in paragraphs (a), (b), and (c).

End Amendment Part Start Part

PART 935—RESEARCH AND DEVELOPMENT CONTRACTING

[Amended]
End Part Start Amendment Part

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

End Amendment Part Start Part

PART 936—CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS

[Amended]
End Part Start Amendment Part

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”.

End Amendment Part
[Amended]
Start Amendment Part

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 “—”.

End Amendment Part

Subpart 936.7—[Removed and Reserved]

Start Amendment Part

143. Subpart 936.7 consisting of 936.702 is removed and reserved.

End Amendment Part Start Part

PART 939—ACQUISITION OF INFORMATION TECHNOLOGY

[Removed and Reserved]
End Part Start Amendment Part

144. Section 939.7001 is removed and reserved.

End Amendment Part
[Amended]
Start Amendment Part

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 “;”.

End Amendment Part Start Part

PART 941—ACQUISITION OF UTILITY SERVICES

[Amended]
End Part Start Amendment Part

146. Section 941.201-71 is amended by removing “48 CFR”.

End Amendment Part Start Part

PART 942—CONTRACT ADMINISTRATION AND AUDIT SERVICES

End Part Start Amendment Part

147. Part 42 title is revised to read as set forth above.

End Amendment Part Start Amendment Part

148. Section 942.270-2 is revised to read as follows:

End Amendment Part
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 Start Printed Page 36368issue technical direction to the contractor under the contract.

Start Amendment Part

149. Add a new section 942.705 to subpart 942.7 to read as follows:

End Amendment Part
Final indirect cost rates.
Start Amendment Part

150. Section 942.705-1 is amended by revising the heading to read as follows:

End Amendment Part
Contracting officer determination procedure.
* * * * *
Start Amendment Part

151. Section 942.705-3 is amended by revising the heading to read as follows:

End Amendment Part
Educational institutions.
* * * * *
[Amended]
Start Amendment Part

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:

End Amendment Part
SectionRemoveAdd
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”
Start Part

PART 947—TRANSPORTATION

Subpart 947.5—[Removed]

End Part Start Amendment Part

153. Subpart 947.5 is removed.

End Amendment Part
[Amended]
Start Amendment Part

154. Section 947.7001 is amended by removing “DOE Order 551.1” and adding in its place “DOE Order 551.1C, or its successor”.

End Amendment Part
[Amended]
Start Amendment Part

155. Section 947.7002 is amended by removing “48 CFR”.

End Amendment Part Start Amendment Part

156. The heading for part 950 is revised to read as follows:

End Amendment Part Start Part

PART 950—EXTRAORDINARY CONTRACTUAL ACTIONS AND THE SAFETY ACT

[Amended]
End Part Start Amendment Part

157. Section 950.7000 is amended by removing “DOE” and adding in its place “the Department of Energy (DOE)”.

End Amendment Part
[Amended]
Start Amendment Part

158. Section 950.7002 is amended by removing the “:” following the introductory text of the definition of

End Amendment Part Start Part

PART 951—USE OF GOVERNMENT SOURCES BY CONTRACTORS

[Amended]
End Part Start Amendment Part

159. Section 951.101 is amended by removing “DOE” and adding in its place “Department of Energy (DOE)”.

End Amendment Part
[Amended]
Start Amendment Part

160. Section 951.102 is amended by removing in paragraph (c)(1) “Property” and adding in its place “Resource”.

End Amendment Part Start Part

PART 952—SOLICITATION PROVISIONS AND CONTRACT CLAUSES

[Amended]
End Part Start Amendment Part

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”.

End Amendment Part
[Amended]
Start Amendment Part

162. Section 952.203-70 introductory text is amended by removing “48 CFR”.

End Amendment Part
[Amended]
Start Amendment Part

163. Section 952.204-2 clause is amended by:

End Amendment Part Start Amendment Part

a. Revising the date of the clause to read as set forth below; and

End Amendment Part Start Amendment Part

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”.

End Amendment Part

The revision reads as follows:

Security requirements.
* * * * *

SECURITY (AUG 2009)

* * * * *
[Amended]
Start Amendment Part

164. Section 952.204-72 is amended by removing “Classification” and adding in its place “Classification/Declassification”.

End Amendment Part
[Amended]
Start Amendment Part

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 “—”.

End Amendment Part
[Amended]
Start Amendment Part

166. Section 952.204-75 introductory text is amended by removing “48 CFR”.

End Amendment Part
[Amended]
Start Amendment Part

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”.

End Amendment Part
[Amended]
Start Amendment Part

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).

End Amendment Part
[Amended]
Start Amendment Part

169. Section 952.209-8 introductory text is amended by removing “48 CFR”.

End Amendment Part
[Amended]
Start Amendment Part

170. Section 952.209-72 is amended by:

End Amendment Part Start Amendment Part

a. Revising the date of the clause to read as set forth below;

End Amendment Part Start Amendment Part

b. Adding, in clause paragraph (b)(1)(i), an “e” to “therefor” and removing “DEAR 9.507-2” and adding in its place “

End Amendment Part Start Amendment Part

c. Removing the “:” at the end of clause paragraph (b)(2)(i) introductory text and adding in its place “—”.

End Amendment Part Start Amendment Part

d. Removing “FAR part 13” in Alternate I, paragraph (f)(1) and adding in its place “

End Amendment Part Start Amendment Part

e. Removing “FAR 37.201” in Alternate I, paragraph (f)(1) and adding in its place “

End Amendment Part Start Amendment Part

f. Removing “DEAR 909.507-1” in Alternate I, paragraph (f)(2) and adding in its place “

End Amendment Part

The revision reads as follows:

Organizational conflicts of interest.
* * * * *
Start Printed Page 36369

ORGANIZATIONAL CONFLICTS OF INTEREST (AUG 2009)

* * * * *
[Amended]
Start Amendment Part

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)”.

End Amendment Part
[Amended]
Start Amendment Part

172. Section 952.211-71 introductory text is amended by removing the “.” at the end of the introductory paragraph and adding in its place “:”

End Amendment Part
[Amended]
Start Amendment Part

173. Section 952.215-70 is amended by:

End Amendment Part Start Amendment Part

a. Removing “48 CFR” in the introductory text; and

End Amendment Part Start Amendment Part

b. Removing in clause paragraph (a) “48 CFR” and adding in its place “DEAR”.

End Amendment Part Start Amendment Part

174. Section 952.216-7 is revised to read as follows:

End Amendment Part
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.

[Amended]
Start Amendment Part

175. Section 952.216-15 clause is amended by:

End Amendment Part Start Amendment Part

a. Revising the date of the clause alternate to read as set forth below; and

End Amendment Part Start Amendment Part

b. Removing “(j)” after “916.307” and adding in its place “(g)”; and removing “31.3” and adding in its place “31.4”.

End Amendment Part

The revision reads as follows:

Predetermined indirect cost rates.
* * * * *

Alternate (AUG 2009):

* * * * *
Start Amendment Part

176. The section heading for 952.223 is revised to read as follows:

End Amendment Part
Clauses related to environment, energy and water efficiency, renewable energy technologies, occupational safety, and drug-free workplace.
[Amended]
Start Amendment Part

177. Section 952.223-71 introductory text is amended by removing “923.7002” and adding in its place “923.7003”; and removing “48 CFR”.

End Amendment Part
[Amended]
Start Amendment Part

178. Section 952.223-72 introductory text is amended by removing “923.7002” and adding in its place “923.7003”.

End Amendment Part
[Amended]
Start Amendment Part

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”.

End Amendment Part
[Amended]
Start Amendment Part

180. Section 952.223-76 is amended by:

End Amendment Part Start Amendment Part

a. Revising the date of the clause to read as set forth below;

End Amendment Part Start Amendment Part

b. Removing in the introductory text “48 CFR (DEAR) 923.7002(f)” and adding in its place “923.7003(f)”.

End Amendment Part Start Amendment Part

c. Removing “data” in clause paragraph (a)(3) and adding in its place “Data”;

End Amendment Part Start Amendment Part

d. Removing “

End Amendment Part Start Amendment Part

e. Removing “

End Amendment Part Start Amendment Part

f. Removing “WSH only)” in clause paragraph (b)(1) in the last sentence and adding in its place “worker safety and health (WSH) only”.

End Amendment Part

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.
* * * * *

CONDITIONAL PAYMENT OF FEE OR PROFIT—SAFEGUARDING RESTRICTED DATA AND OTHER CLASSIFIED INFORMATION AND PROTECTION OF WORKER SAFETY AND HEALTH (AUG 2009)

* * * * *
[Amended]
Start Amendment Part

181. Section 952.223-77 is amended by:

End Amendment Part Start Amendment Part

a. Revising the date of the clause to read as set forth below; and

End Amendment Part Start Amendment Part

b. Removing in the introductory text “48 CFR (DEAR) 923.7002(g)” and adding in its place “923.7003(g)” and removing “

End Amendment Part

The revision reads as follows:

Conditional payment of fee or profit—protection of worker safety and health.
* * * * *

CONDITIONAL PAYMENT OF FEE OR PROFIT—PROTECTION OF WORKER SAFETY AND HEALTH (AUG 2009)

* * * * *
[Removed]
Start Amendment Part

182. Section 952.224-70 is removed.

End Amendment Part
[Amended]
Start Amendment Part

183. Section 952.225-70 paragraph (b) is revised to read as follows:

End Amendment Part
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.)

* * * * *
[Amended]
Start Amendment Part

184. Section 952.231-71 is amended by:

End Amendment Part Start Amendment Part

a. Revising the date of the clause to read as set forth below;

End Amendment Part Start Amendment Part

b. Removing in the introductory text, “

End Amendment Part Start Amendment Part

c. Removing, in the clause heading, “Insurance-Litigation” and adding in its place “Insurance—Litigation”

End Amendment Part Start Amendment Part

d. Removing the “,” in paragraph (h)(1) and (h)(2) and adding in its place a “;”; and

End Amendment Part Start Amendment Part

e. Removing “unreimbursable” in paragraph (k) and adding in its place “non-reimbursable”.

End Amendment Part

The revision reads as follows:

Insurance-litigation and claims.
* * * * *
Start Printed Page 36370

INSURANCE-LITIGATION AND CLAIMS (AUG 2009)

* * * * *
[Amended]
Start Amendment Part

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”.

End Amendment Part
[Amended]
Start Amendment Part

186. Section 952.233-4 clause is amended by:

End Amendment Part Start Amendment Part

a. Revising the date of the provision to read as set forth below; and

End Amendment Part Start Amendment Part

b. Removing “General Accounting” in paragraph (a) and adding in its place “Government Accountability”.

End Amendment Part

The revision reads as follows:

Notice of protest file availability.
* * * * *

NOTICE OF PROTEST FILE AVAILABILITY (AUG 2009)

* * * * *
[Amended]
Start Amendment Part

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.

End Amendment Part
[Removed]
Start Amendment Part

188. Section 952.235-70 is removed.

End Amendment Part
[Amended]
Start Amendment Part

189. Section 952.235-71 is amended by:

End Amendment Part Start Amendment Part

a. Removing “48 CFR Part” in the introductory text;

End Amendment Part Start Amendment Part

b. Removing the “:” in clause paragraph (c) in the first sentence and adding in its place “—”;

End Amendment Part Start Amendment Part

c. Adding “of Energy (DOE)” in clause paragraph (c) introductory text after “Department”; and

End Amendment Part Start Amendment Part

d. Removing the “,” in clause paragraph (c)(3) after “or”.

End Amendment Part
[Amended]
Start Amendment Part

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 “—”.

End Amendment Part
[Amended]
Start Amendment Part

191. Section 952.247-70 is amended by:

End Amendment Part Start Amendment Part

a. Revising the date of the clause to read as set forth below; and

End Amendment Part Start Amendment Part

b. Removing “48 CFR” in the introductory text; and removing “DOE Order 551.1,” in the clause and adding in its place “Department of Energy (DOE) Order 551.1C, or its successor”.

End Amendment Part

The revision reads as follows:

Foreign travel.
* * * * *

FOREIGN TRAVEL (AUG 2009)

* * * * *
[Amended]
Start Amendment Part

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 “—”.

End Amendment Part
[Amended]
Start Amendment Part

193. Section 952.251-70 is amended by:

End Amendment Part Start Amendment Part

a. Revising the date of the clause to read as set forth below;

End Amendment Part Start Amendment Part

b. Removing “

End Amendment Part Start Amendment Part

c. Removing “Military Traffic Management Command (MTMC)” in clause paragraph (e), first sentence, and adding in its place “Surface Deployment and Distribution Command (SDDC)”.

End Amendment Part

The revision reads as follows:

Contractor employee travel discounts.
* * * * *

CONTRACTOR EMPLOYEE TRAVEL DISCOUNTS (AUG 2009)

* * * * *
Start Amendment Part

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:

End Amendment Part
SectionRemoveAdd
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.:
Start Amendment Part

195. Add “(End of provision)” after the following provisions: 952.204-73, 952.233-2, 952.233-4, and 952.233-5.

End Amendment Part Start Amendment Part

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.

End Amendment Part Start Part

PART 970—DOE MANAGEMENT AND OPERATING CONTRACTS

[Amended]
End Part Start Amendment Part

197. Section 970.0100 is amended by removing in the third sentence, “48 CFR”; and removing “DEAR” in the third sentence before “Part 970”.

End Amendment Part
[Amended]
Start Amendment Part

198. Section 970.0309-1 is amended by removing “48 CFR”.

End Amendment Part
[Amended]
Start Amendment Part

199. Section 970.0370-1 is amended by:

End Amendment Part Start Amendment Part

a. Removing “DOE” in paragraph (a) and adding in its place “the Department of Energy (DOE)”;

End Amendment Part Start Amendment Part

b. Removing “48 CFR” in paragraph (b) and (d);

End Amendment Part Start Amendment Part

c. Removing the “:”in paragraph (b) introductory text and adding in its place “—”;

End Amendment Part Start Amendment Part

d. Adding “and” in paragraph (b)(8), after “;”;

End Amendment Part Start Amendment Part

e. Removing the “;” in paragraph (b)(9), and adding in its place “.”; and

End Amendment Part Start Amendment Part

f. Removing paragraph (b)(10).

End Amendment Part
[Amended]
Start Amendment Part

200. Section 970.0371-9 is amended by removing “48 CFR” in both places.

End Amendment Part Start Amendment Part

201. In section 970.0404-1, revise the definition for

End Amendment Part
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.

* * * * *
[Amended]
Start Amendment Part

202. Section 970.0404-2 is amended by adding “(DOE)” in paragraph (a) in the first sentence, after “Energy”;

End Amendment Part
[Amended]
Start Amendment Part

203. Section 970.0404-3(b) is amended by removing “48 CFR” and adding in its place “subpart”.

End Amendment Part
[Amended]
Start Amendment Part

204. Section 970.0404-4(b) is amended by removing “48 CFR” in both places.

End Amendment Part
[Amended]
Start Amendment Part

205. Section 970.0407-1-2 is amended by removing “48 CFR”.

End Amendment Part
[Amended]
Start Amendment Part

206. Section 970.0407-1-3 is amended by removing “48 CFR”.

End Amendment Part
[Amended]
Start Amendment Part

207. Section 970.0470-1(d) is amended by removing “48 CFR”.

End Amendment Part
[Amended]
Start Amendment Part

208. Section 970.0470-2 is amended by removing “DEAR” in the first sentence.

End Amendment Part
[Redesignated as 970.0801-2]
Start Amendment Part

209. Redesignate 970.0801-1 as 970.0801-2.

End Amendment Part Start Amendment Part

210. Revise newly designated section 970.801-2 to read as follows:

End Amendment Part
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.

Start Amendment Part

211. Section 970.0808 is revised to read as follows:

End Amendment Part
Acquisition of printing and related supplies.
[Redesignated]
Start Amendment Part

212. Redesignate 970.0808-1 as 970.0808-00.

End Amendment Part Start Amendment Part

213. Amend newly designated section 970.0808-00 by revising the section heading to read as follows:

End Amendment Part
Scope.
* * * * *
Start Amendment Part

214. The heading for subpart 970.09 is revised to read as follows:

End Amendment Part

Subpart 970.09—Contractor Qualifications

[Amended]
Start Amendment Part

215. Section 970.0905 is amended by revising the section heading; and removing “48 CFR” in the paragraph.

End Amendment Part

The revision reads as follows:

Organizational and consultant conflicts of interest.
* * * * *
[Amended]
Start Amendment Part

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)”.

End Amendment Part
[Amended]
Start Amendment Part

217. Section 970.0970-2 is amended by removing “48 CFR”.

End Amendment Part Start Amendment Part

218. Section 970.1100-1 is amended by revising paragraph (a) to read as follows:

End Amendment Part
Performance-based contracting.

(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 http://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]
Start Amendment Part

219. Section 970.1170-1 is amended by removing “NNSA” and adding in its place “the National Nuclear Security Administration (NNSA) Senior”.

End Amendment Part
[Amended]
Start Amendment Part

220. Section 970.1170-2 is amended by removing “48 CFR”.

End Amendment Part
[Amended]
Start Amendment Part

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).

End Amendment Part
[Amended]
Start Amendment Part

222. Section 970.1504-1-3 is amended by:

End Amendment Part Start Amendment Part

a. Removing, in paragraph (b)(1), “

End Amendment Part Start Amendment Part

b. Removing “48 CFR” in paragraph (b)(2) in three places; and

End Amendment Part Start Amendment Part

c. Removing “48 CFR” in paragraphs (c)(1), (c)(2), and (c)(3), both occurrences.

End Amendment Part
[Amended]
Start Amendment Part

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).

End Amendment Part
[Amended]
Start Amendment Part

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 “—”.

End Amendment Part
[Amended]
Start Amendment Part

225. Section 970.1504-1-6 is amended by removing the “:” in paragraph (b) introductory text and adding in its place “—”.

End Amendment Part
[Amended]
Start Amendment Part

226. Section 970.1504-1-7 is amended by:

End Amendment Part Start Amendment Part

a. Removing the “:” in paragraph (b) introductory text and adding in its place “—”;

End Amendment Part Start Amendment Part

b. Removing “48 CFR” in paragraph (b)(4);

End Amendment Part Start Amendment Part

c. Removing “

End Amendment Part Start Amendment Part

d. Removing “48 CFR” in paragraphs (d), in the last sentence, and (e), in two places.

End Amendment Part
[Amended]
Start Amendment Part

227. Section 970.1504-1-8 paragraphs (a) and (c) are amended by removing “48 CFR”.

End Amendment Part
[Amended]
Start Amendment Part

228. Section 970.1504-1-9 is amended by removing the “:” in paragraphs (e)(1) introductory text, (e)(2) introductory text, and (e)(3)

End Amendment Part
[Amended]
Start Amendment Part

229. Section 970.1504-1-10 is amended by removing “48 CFR” in two places.

End Amendment Part
[Amended]
Start Amendment Part

230. Section 970.1504-1-11 is amended by removing “48 CFR” before “970”.

End Amendment Part
[Amended]
Start Amendment Part

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.

End Amendment Part
[Amended]
Start Amendment Part

232. Section 970.1504-5 is amended by removing “48 CFR” in paragraphs (a) introductory text, (b)(1), (b)(2), (c), and (d).

End Amendment Part
[Amended]
Start Amendment Part

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).

End Amendment Part
[Amended]
Start Amendment Part

234. Section 970.1707-3 is amended by:

End Amendment Part Start Amendment Part

a. Removing the “:” in paragraph (b) introductory text and adding in its place “—”;

End Amendment Part Start Amendment Part

b. Removing the “,” after “and” in paragraph (b)(3);

End Amendment Part Start Amendment Part

c. Removing the “:” in paragraph (c) introductory text and adding in its place “—”; and

End Amendment Part Start Amendment Part

d. Removing the “,” after “; and” in paragraph (c)(1) at the end of the paragraph.

End Amendment Part
[Amended]
Start Amendment Part

235. Section 970.2200 is amended by adding “(DOE)” after “Energy”.

End Amendment Part
[Amended]
Start Amendment Part

236. Section 970.2201-2-2 is amended by removing “48 CFR”.

End Amendment Part
[Amended]
Start Amendment Part

237. Section 970.2204-1-1 is amended by:

End Amendment Part Start Amendment Part

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:

End Amendment Part
SectionRemoveAdd
970.2204-1-1(a) introductory text and (a)(2)“noncovered”“non-covered”.
970.2204-1-1 (c)(1) introductory text, (c)(2)(i), (c)(4), and (c)(5)“noncovered”“non-covered”.
970.2204-1-1 (d)“noncovered”“non-covered”.

And

Start Amendment Part

b. Removing in paragraphs (c)(1)(i), (c)(1)(ii) and (c)(1)(iii), the “;” and adding in its place a “.”.

End Amendment Part
[Amended]
Start Amendment Part

238. Section 970.2210 is amended by removing “48 CFR” and adding “(x)” after “970.5244-1”.

End Amendment Part
[Amended]
Start Amendment Part

239. Section 970.2270(b)(2) introductory text is amended by removing the “:” at the end of the paragraph and adding in its place “—”.

End Amendment Part Start Amendment Part

240. The heading for subpart 970.23 is revised to read as follows:

End Amendment Part

Subpart 970.23—Environment, Energy and Water Efficiency, Renewable Energy Technologies, Occupational Safety and Drug-Free Work Place

[Redesignated as 970.2303-2-70]
Start Amendment Part

241. Redesignate 970.2303-1 as 970.2303-2-70.

End Amendment Part Start Amendment Part

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”.

End Amendment Part
[Redesignated as 970.2303-3]
Start Amendment Part

243. Redesignate 970.2303-2 as 970.2303-3.

End Amendment Part Start Amendment Part

244. Amend newly designated 970.2303-3(a) introductory text by removing the “:” and adding in its place “—”.

End Amendment Part Start Amendment Part

245. The section heading for 970.2304 is revised to read as follows:

End Amendment Part
Use of recovered materials and biobased products.
Start Amendment Part

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 “—”.

End Amendment Part
[Amended]
Start Amendment Part

247. Section 970.2305-4(a) is amended by removing “48 CFR”.

End Amendment Part
[Amended]
Start Amendment Part

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).

End Amendment Part
[Amended]
Start Amendment Part

249. Section 970.2803-1 is amended by:

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a. Removing “extrastatutory” in paragraph (a)(2)(iii), and adding in its place “extra-statutory”;

End Amendment Part Start Amendment Part

b. Removing “Office of Contract and Resource Management” in paragraphs (b)(1) introductory text, (b)(2)(iv), and (b)(3) and adding in its place, “Office of Resource Management”; and

End Amendment Part Start Amendment Part

c. Removing the “:” in paragraph (b)(2) introductory text and adding in its place “—”.

End Amendment Part
[Amended]
Start Amendment Part

250. Section 970.2803-2 is amended by removing “48 CFR”.

End Amendment Part
[Redesignated as 970.2902-3]
Start Amendment Part

251. Redesignate 970.2902-1 as 970.2902-3 and revise the section heading to read as follows:

End Amendment Part
Other Federal tax exemptions.
* * * * *
Start Amendment Part

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.

End Amendment Part
[Redesignated as 970.2903-2]
Start Amendment Part

253. Redesignate section 970.2903-1 as 970.2903-2 and revise the section heading to read as follows:

End Amendment Part
Application of State and local taxes to the Government.
* * * * *
Start Amendment Part

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

End Amendment Part Start Amendment Part

255. Section 970.2904-1 is amended by revising paragraph (a) and removing “48 CFR” in paragraph (b).

End Amendment Part

The revision reads as follows:

Management and operating contracts.

(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.”

* * * * *
Start Amendment Part

256. The heading for subpart 970.30 is revised to read as follows:

End Amendment Part
Cost Accounting Standards Administration.
Start Amendment Part

257. Section 970.3002-1 is amended by revising the heading to read as follows:

End Amendment Part
CAS applicability.
* * * * *
Start Amendment Part

258. Section 970.3101-9 is amended by revising the heading to read as follows:

End Amendment Part
Advance agreements.
* * * * *
Start Amendment Part

259. Section 970.3101-10 is amended by revising the heading and removing “48 CFR” in paragraphs (a) and (b).

End Amendment Part

The revision reads as follows:

Indirect cost rate certification and penalties on unallowable costs.
* * * * *
[Amended]
Start Amendment Part

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 “—”.

End Amendment Part Start Amendment Part

261. Section 970.3102-05 is amended by revising the heading to read as follows:

End Amendment Part
Selected costs.
* * * * *
Start Amendment Part

262. Section 970.3102-05-4 is amended by revising the heading and removing “48 CFR” from paragraph (d).

End Amendment Part

The revision reads as follows:

Bonding costs.
* * * * *
Start Amendment Part

263. Section 970.3102-05-6 is amended by revising the heading to read as follows:

End Amendment Part
Compensation for personal services.
* * * * *
Start Amendment Part

264. Section 970.3102-05-18 is amended by revising the heading to read as follows:

End Amendment Part
Independent research and development and bid and proposal costs.
* * * * *
[Amended]
Start Amendment Part

265. Section 970.3102-05-19 is amended by removing “48 CFR”.

End Amendment Part Start Amendment Part

266. Section 970.3102-05-22 is amended by revising the heading to read as follows:

End Amendment Part
Lobbying and political activity costs.
* * * * *
Start Amendment Part

267. Section 970.3102-05-28 is amended by revising the heading to read as follows:

End Amendment Part
Other business expenses.
* * * * *
[Redesignated as 970.3102-05-30-70]
Start Amendment Part

268. Redesignate 970.3102-05-30 as 970.3102-05-30-70.

End Amendment Part Start Amendment Part

269. Amend newly designated 970.3102-05-30-70(b) introductory text by removing the “:” and adding in its place “—”.

End Amendment Part Start Amendment Part

270. Add a new section 970.3102-05-30 to subpart 970.31 to read as follows:

End Amendment Part
Patent costs.
Start Amendment Part

271. Section 970.3102-05-33 is amended by revising the heading to read as follows:

End Amendment Part
Professional and consultant service costs.
* * * * *
Start Amendment Part

272. Section 970.3102-05-46 is amended by revising paragraph (a)(5) to read as follows:

End Amendment Part
Travel costs.

(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.

* * * * *
Start Amendment Part

273. Section 970.3102-05-47 is amended by revising the heading to read as follows:

End Amendment Part
Costs related to legal and other proceedings.
* * * * *
[Amended]
Start Amendment Part

274. Section 970.3102-05-70 is amended by removing “48 CFR”.

End Amendment Part
[Amended]
Start Amendment Part

275. Section 970.3170 is amended by removing “48 CFR” from the introductory text.

End Amendment Part
[Amended]
Start Amendment Part

276. Section 970.3200 is amended by removing “DOE” and adding in its place “the Department of Energy (DOE)”.

End Amendment Part
[Amended]
Start Amendment Part

277. Section 970.3200-1-1 is amended by removing “48 CFR”.

End Amendment Part
[Amended]
Start Amendment Part

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 “—”.

End Amendment Part
[Amended]
Start Amendment Part

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.

End Amendment Part
[Amended]
Start Amendment Part

280. Section 970.3400-1 is amended by removing “DOE” (first occurrence) and adding in its place “the Department of Energy (DOE)”.

End Amendment Part
[Amended]
Start Amendment Part

281. Section 970.3500 is amended by adding “(DOE)” after “Energy”.

End Amendment Part
[Amended]
Start Amendment Part

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”.

End Amendment Part
[Amended]
Start Amendment Part

283. Section 970.3501-2 is amended by removing “nonsponsor” and adding in its place, “non-sponsor”.

End Amendment Part
[Amended]
Start Amendment Part

284. Section 970.3501-3 is amended by removing “

End Amendment Part
[Amended]
Start Amendment Part

285. Section 970.3501-4 is amended by removing “48 CFR”.

End Amendment Part
Start Printed Page 36374
[Amended]
Start Amendment Part

286. Section 970.3605-1 is amended by removing “in” before “48 CFR” and adding in its place “at”.

End Amendment Part
[Amended]
Start Amendment Part

287. Section 970.3605-2 is amended by removing “in 48 CFR” and adding in its place “at”.

End Amendment Part
[Amended]
Start Amendment Part

288. Section 970.3770-1 is amended by removing the first “DOE” and adding in its place “the Department of Energy (DOE)”.

End Amendment Part
[Amended]
Start Amendment Part

289. Section 970.4102-1 is amended by:

End Amendment Part Start Amendment Part

a. Removing the first “DOE” in paragraph (a) and adding in its place “the Department of Energy (DOE)”;

End Amendment Part Start Amendment Part

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

End Amendment Part Start Amendment Part

c. Revising paragraph (c) to read as follows:

End Amendment Part
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.

[Amended]
Start Amendment Part

290. Section 970.4207-03-02 is amended by:

End Amendment Part Start Amendment Part

a. Removing “48 CFR” wherever it appears in paragraph (a) introductory text;

End Amendment Part Start Amendment Part

b. Removing the “,” in paragraph (a)(2) introductory text and adding in its place “—”;

End Amendment Part Start Amendment Part

c. Removing “Department's” in paragraph (a)(2)(ii) and adding in its place “Civilian”; and

End Amendment Part Start Amendment Part

d. Removing “was” in paragraph (a)(2)(iii), and adding in its place “Was”.

End Amendment Part
[Amended]
Start Amendment Part

291. Section 970.4207-03-70 is amended by removing “48 CFR”.

End Amendment Part Start Amendment Part

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 “—”.

End Amendment Part

The revision reads as follows:

Contracting officer determination procedure.
* * * * *
[Amended]
Start Amendment Part

293. Section 970.4302-1 is amended by removing “48 CFR”.

End Amendment Part
[Amended]
Start Amendment Part

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 “—”.

End Amendment Part
[Amended]
Start Amendment Part

295. Section 970.4401-2 is amended by removing the “:” in paragraph (a) introductory text and adding in its place “—”.

End Amendment Part
[Amended]
Start Amendment Part

296. Section 970.4401-3 is amended by removing the “:” in paragraph (a)(1) introductory text and adding in its place “—”.

End Amendment Part
[Amended]
Start Amendment Part

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 “—”.

End Amendment Part
[Amended]
Start Amendment Part

298. Section 970.4402-3 is amended by:

End Amendment Part Start Amendment Part

a. Removing the “:” in paragraphs (a) introductory text, (b) introductory text, and (c)(1) introductory text and adding in its place “—”;

End Amendment Part Start Amendment Part

b. Removing “therefor” in paragraph (a)(3) in the second sentence, and adding in its place “therefore”;

End Amendment Part Start Amendment Part

c. Removing the “,” in paragraph (b)(1) and adding in its place a “;”;

End Amendment Part Start Amendment Part

d. Removing “

End Amendment Part Start Amendment Part

e. Removing “48 CFR” the second occurrence in paragraph (c)(1)(ii).

End Amendment Part
[Amended]
Start Amendment Part

299. Section 970.4402-4 is amended by removing the “:” in paragraph (a) introductory text and adding in its place “—”.

End Amendment Part Start Amendment Part

300. The heading to subpart 970.50 is revised to read as follows:

End Amendment Part

Subpart 970.50—Extraordinary Contractual Actions and the Safety Act

[Redesignated as 970.5001]
Start Amendment Part

301. Redesignate section 970.5004 as 970.5001.

End Amendment Part
[Redesignated as 970.5001-4]
Start Amendment Part

302. Redesignate section 970.5004-1 as 970.5001-4.

End Amendment Part Start Amendment Part

303. Amend newly designated 970.5001-4 by adding “Alternate I,” after “85-804,”.

End Amendment Part
[Amended]
Start Amendment Part

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”.

End Amendment Part
[Amended]
Start Amendment Part

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 “;”.

End Amendment Part
[Amended]
Start Amendment Part

306. Section 970.5070-3 is amended in paragraph (a), in two places, and in paragraph (b) by removing “48 CFR”.

End Amendment Part
[Amended]
Start Amendment Part

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”.

End Amendment Part
[Amended]
Start Amendment Part

308. Section 970.5203-2 introductory text is amended by removing “48 CFR”.

End Amendment Part
[Amended]
Start Amendment Part

309. Section 970.5203-3 is amended by removing “48 CFR” in the introductory text.

End Amendment Part
[Amended]
Start Amendment Part

310. Section 970.5204-1 introductory text is amended by removing “48 CFR” in three places.

End Amendment Part
[Amended]
Start Amendment Part

311. Section 970.5204-2 introductory text is amended by removing “48 CFR”.

End Amendment Part
[Amended]
Start Amendment Part

312. Section 970.5204-3 introductory text is amended by removing “48 CFR”.

End Amendment Part
[Amended]
Start Amendment Part

313. Section 970.5208-1 introductory text is amended by removing “48 CFR”.

End Amendment Part
[Amended]
Start Amendment Part

314. Section 970.5209-1 introductory text is amended by removing “48 CFR”.

End Amendment Part
[Amended]
Start Amendment Part

315. Section 970.5215-1 is amended by:

End Amendment Part Start Amendment Part

a. Removing “48 CFR” in the introductory text;

End Amendment Part Start Amendment Part

b. Removing the “:” at the end of clause paragraphs (d)(1) introductory text and (d)(3) introductory text and adding in its place “—”;

End Amendment Part Start Amendment Part

c. Removing in paragraph (d)(1)(i), “prior” and adding in its place, “Prior”;

End Amendment Part Start Amendment Part

d. Removing in paragraph (d)(1)(ii) “not” and adding in its place, “Not”;

End Amendment Part Start Amendment Part

e. Removing in paragraphs (d)(3)(i) and (d)(3)(ii), “of such” and adding in its place, “Of such”;

End Amendment Part Start Amendment Part

f. Removing in paragraph (d)(3)(iii) “if” and adding in its place, “If”; and

End Amendment Part Start Amendment Part

g. Removing “48 CFR” in the introductory text for Alternate paragraphs I, II, III and IV.

End Amendment Part
[Amended]
Start Amendment Part

316. Section 970.5215-3 is amended by:

End Amendment Part Start Amendment Part

a. Revising the date of the clause and the two alternates to read as set forth below;

End Amendment Part Start Amendment Part

b. Removing “

End Amendment Part Start Amendment Part

c. Removing “

End Amendment Part Start Amendment Part

d. Removing “

End Amendment Part Start Amendment Part

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 “—”;

End Amendment Part Start Amendment Part

f. Removing “232.1A” in clause paragraph (c)(3)(i) and adding in its place “231.1-2”; and

End Amendment Part Start Amendment Part

g. Removing “in contracts awarded on a cost plus award fee, incentive fee or multiple fee basis” in Alternate II introductory text.

End Amendment Part

The revision reads as follows:

Conditional payment of fee, profit, and other incentives—facility management contracts.
* * * * *

CONDITIONAL PAYMENT OF FEE, PROFIT, AND OTHER INCENTIVES—FACILITY MANAGEMENT CONTRACTS (AUG 2009)

* * * * *

Alternate I (AUG 2009)

* * * * *

Alternate II (AUG 2009)

* * * * *
[Amended]
Start Amendment Part

317. Section 970.5215-4 is amended by:

End Amendment Part Start Amendment Part

a. Revising the date of the clause to read as set forth below;

End Amendment Part Start Amendment Part

b. Removing “

End Amendment Part Start Amendment Part

c. Removing the “:” in paragraph (b), at the end of the introductory text of the

End Amendment Part Start Amendment Part

d. Removing the “a” at the beginning of paragraphs (b)(1) and (b)(2) of the

End Amendment Part Start Amendment Part

e. Removing the “:” in paragraphs (c)(2) introductory text, (d) introductory text, and (e) introductory text and adding in its place “—”; and

End Amendment Part Start Amendment Part

f. Removing “rewardable” and “rewarded” in paragraph (j) and adding in their places “awardable” and “considered”, respectively.

End Amendment Part

The revision reads as follows:

Cost reduction.
* * * * *

COST REDUCTION (AUG 2009)

* * * * *
[Amended]
Start Amendment Part

318. Section 970.5215-5 introductory text is amended by removing “

End Amendment Part
[Amended]
Start Amendment Part

319. Section 970.5217-1 is amended by:

End Amendment Part Start Amendment Part

a. Removing “48 CFR (DEAR)” in the introductory text;

End Amendment Part Start Amendment Part

b. Removing the “:” in clause paragraphs (c) introductory text and (c)(9) introductory text and adding in its place “—”; and

End Amendment Part Start Amendment Part

c. Adding “(End of clause)” after the clause 970.5217-1.

End Amendment Part
[Amended]
Start Amendment Part

320. Section 970.5222-1 introductory text is amended by removing “48 CFR”.

End Amendment Part
[Amended]
Start Amendment Part

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 “—”.

End Amendment Part
[Amended]
Start Amendment Part

322. Section 970.5223-1 is amended by removing “

End Amendment Part Start Amendment Part

323. The section heading for 970.5223-3 is revised to read as follows:

End Amendment Part
Agreement regarding Workplace Substance Abuse Programs at DOE sites.
* * * * *
[Amended]
Start Amendment Part

324. Section 970.5223-4 is amended by removing “48 CFR” in the introductory text; and removing “prime contractor” in clause paragraph (c)(2), two occurrences and adding in its place, “Prime Contractor”.

End Amendment Part
[Amended]
Start Amendment Part

325. Section 970.5228-1 is amended by:

End Amendment Part Start Amendment Part

a. Revising the date of clause to read as set forth below;

End Amendment Part Start Amendment Part

b. Removing “48 CFR” in the introductory text.

End Amendment Part Start Amendment Part

c. Removing the “,” in clause paragraphs (e)(1), (h)(1) and (h)(2) and adding in its place a “;”; and

End Amendment Part Start Amendment Part

d. Removing “unreimbursable” in clause paragraph (k) and adding in its place “non-reimbursable”.

End Amendment Part

The revision reads as follows:

Insurance—litigation and claims.
* * * * *

INSURANCE—LITIGATION AND CLAIMS (AUG 2009)

* * * * *
[Amended]
Start Amendment Part

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”.

End Amendment Part
[Amended]
Start Amendment Part

327. Section 970.5231-4 introductory text and the Alternates I and II introductory text are amended by removing “48 CFR”.

End Amendment Part Start Amendment Part

328. The section heading for 970.5232-1 is revised and in the introductory text by removing “48 CFR”.

End Amendment Part

The revision reads as follows:

Reduction or suspension of advance, partial, or progress payments.
* * * * *
[Amended]
Start Amendment Part

329. Section 970.5232-2 is amended by:

End Amendment Part Start Amendment Part

a. Removing “48 CFR” in Alternate I and in the introductory text of Alternates II, III, and IV;

End Amendment Part Start Amendment Part

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”;

End Amendment Part Start Amendment Part

c. Removing the “:” in clause paragraphs (e) introductory text, (e)(2) introductory text, and (e)(2)(iv) and adding in its place “—”;

End Amendment Part Start Amendment Part

d. Removing the “,” in clause paragraphs (e)(1), and (e)(3)(i) and adding in its place a “;”;

End Amendment Part Start Amendment Part

e. Removing the “,” in clause paragraph (e)(3)(ii);

End Amendment Part Start Amendment Part

f. Revising the last sentence of paragraph (e)(2)(iv)(B);

End Amendment Part Start Amendment Part

g. Removing the “,”in clause paragraph (e)(3) introductory text and adding in its place “—”; and

End Amendment Part Start Amendment Part

h. Adding “(End of clause)” after clause 970.5232-2, and before Alternate I.

End Amendment Part

The revision reads as follows:

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);

* * * * *
[Amended]
Start Amendment Part

330. Section 970.5232-3 is amended by:

End Amendment Part Start Amendment Part

a. Revising the date of the clause to read as set forth below;

End Amendment Part Start Amendment Part

b. Removing “

End Amendment Part Start Amendment Part

c. Removing in clause paragraph (d), last sentence, “ownership of records” and adding in its place, “Ownership of Records”;

End Amendment Part Start Amendment Part

d. Removing “General Accounting” in clause paragraph (h)(3) introductory text and adding in its place “Government Accountability”;

End Amendment Part Start Amendment Part

e. Removing the “:” at the end of clause paragraph (i)(1) introductory text and adding in its place “—”;

End Amendment Part Start Amendment Part

f. Removing in the last sentence of clause paragraph (j), “970.5242-1” and adding in its place “

End Amendment Part Start Amendment Part

g. Removing in Alternate I, introductory paragraph, “

End Amendment Part

The revision reads as follows:

Accounts, records, and inspection.
* * * * *

ACCOUNTS, RECORDS AND INSPECTION (AUG 2009)

* * * * *
[Amended]
Start Amendment Part

331. Section 970.5232-4 is amended by:

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a. Removing in the introductory text, “

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b. Removing the “:” at the end of paragraph (b) introductory text and adding in its place “—”;

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c. Removing “contract,” at the end of clause paragraph (b)(1), and adding in its place “contract;”;

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d. Removing “agrees” at the end of clause paragraph (d) introductory text and adding in its place, “agrees—”;

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e. Removing “directives,” in clause paragraphs (d)(1) and (d)(2) and adding in its place “directives;”;

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f. Removing “to” at the beginning of clause paragraphs (d)(1), (d)(2), and (d)(3), and adding in its place, “To”; and

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g. Removing in Alternate I, “

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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”.

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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.

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334. Section 970.5235-1 is amended by removing “

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[Amended]
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335. Section 970.5236-1 introductory text, is amended by removing “in

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336. Section 970.5242-1 is revised to read as follows:

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Penalties for unallowable costs.

As prescribed in 970.4207-03-70, insert the following clause:

PENALTIES FOR UNALLOWABLE COSTS (AUG 2009)

(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, 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)

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337. Section 970.5243-1 introductory text is amended by removing “48 CFR”.

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338. Section 970.5244-1 is revised to read as follows:

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Contractor purchasing system.

As prescribed in 970.4403 insert the following clause:

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 Start Printed Page 36377file 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 cost-reimbursement 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 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 non-construction 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 cost-reimbursement 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 co-surety (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.

(ii) The Contractor shall not award both a cost-reimbursement subcontract and a fixed-price 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 Price-Anderson 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 8.5Start Printed Page 36378

(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.

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339. Section 970.5245-1 is amended by:

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a. Removing in the introductory text and Alternate I, “48 CFR”;

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b. Removing “regulations” in clause paragraphs (e)(2), three occurrences, and (i)(1)(i), second sentence, two occurrences, and adding in its place “Regulations”;

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c. Adding “(DOE)” after “Energy” in clause paragraph (e)(2); and

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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 “—”.

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PARTS 901, 903, 906, 915, 931, 933, 949, 951, AND 970—[AMENDED]

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340. The sections listed below are amended by adding the word “Senior” before the word “Procurement” in the following places:

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a. Section 901.102 in the first sentence;

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b. Section 903.203 in the second sentence;

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c. Section 903.603(a);

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d. Section 906.202(b)(1);

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e. Section 906.304(c)(3);

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f. Section 915.404-4-71-2;

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g. Section 915.404-4-71-3(d), two places;

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h. Section 915.404-4-72 paragraphs (a) introductory text and (b);

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i. Section 931.205-32(b)(1) second sentence;

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j. Section 933.103 in paragraph (f) and paragraph (i)(1) introductory text;

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k. Section 933.103(k) in the third sentence;

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l. Section 933.104 in paragraphs (b), (c), and (g)(1), in two places;

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m. Section 949.111(c);

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n. Section 951.103(b);

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o. Section 970.0404-2 in paragraph (c) in the first sentence;

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p. Section 970.1170-2;

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q. Section 970.1504-1-1;

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r. Section 970.1504-1-2 in paragraphs (c), (d), (f), (g), and (i)(1);

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s. Section 970.1504-1-3(b)(1) in the last sentence;

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t. Section 970.1504-1-3 in paragraphs (c)(3) and (4);

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u. Section 970.1504-1-4 in paragraphs (b), (c)(2), and (c)(3);

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v. Section 970.1504-1-7 in paragraph (e);

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w. 970.1504-1-9(e) in paragraphs (e)(1)(v), (e)(2)(vii), (e)(3)(vi), (f) (in two places), and (i);

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x. Section 970.1504-1-10;

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y. Section 970.1504-5 in paragraphs (a) introductory text, (b)(1), (c), and (d);

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z. Section 970.1706-1 in paragraphs (b) and (c);

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aa. Section 970.2303-1 in paragraph (c)(1) in the first sentence;

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bb. Section 970.3101-00-70(a); and

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cc. Clause 970.5232-5 in paragraph (a).

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PARTS 952 AND 970—[AMENDED]

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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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SectionRemoveAdd
952.203-70(a) and (b)“contractor”“Contractor”
952.204-70 in eight places“contractor”“Contractor”
952.204-71(a) in five places“contractor”“Contractor”
952.204-72(a) two places, and (b)“contractor”“Contractor”
952.204-73(f) in two places“contractor”“Contractor”
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)“contractor”“Contractor”
952.204-76(a)(1), (a)(3), (b)(1) introductory text, (c) introductory text, (c)(3)(iii), (c)(3)(iv)“contractor's”“Contractor's”
952.204-77(a)(2), (b) introductory text, (d) in two places, (e)“contractor”“Contractor”
952.208-7(b)“contractor”“Contractor”
952.208-70 fi