[Federal Register Volume 74, Number 139 (Wednesday, July 22, 2009)]
[Rules and Regulations]
[Pages 36357-36381]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-17033]



[[Page 36357]]

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Part III





Department of Energy





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48 CFR Chapter 9



Department of Energy Acquisition Regulation: Technical Amendment; Final 
Rule

Federal Register / Vol. 74, No. 139 / Wednesday, July 22, 2009 / 
Rules and Regulations

[[Page 36358]]


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DEPARTMENT OF ENERGY

48 CFR Chapter 9

RIN 1991-AB62


Department of Energy Acquisition Regulation: Technical Amendment

AGENCY: Department of Energy.

ACTION: Final rule.

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SUMMARY: The Department of Energy (DOE) is amending the Department of 
Energy Acquisition Regulation (DEAR) to make technical and 
administrative changes to the DEAR, including changes to conform to the 
Federal Acquisition Regulation (FAR), typographical errors, and correct 
other minor errors or omissions. Today's final rule does not alter 
substantive rights or obligations under current law.

DATES: Effective Date: This rule is effective August 21, 2009.

FOR FURTHER INFORMATION CONTACT: Barbara Binney at (202) 287-1340 or by 
e-mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background
II. Description of the Technical Amendments
III. Procedural Requirements
    A. Review Under Executive Order 12866
    B. Review Under Executive Order 12988
    C. Review Under the Regulatory Flexibility Act
    D. Review Under the Paperwork Reduction Act
    E. Review Under the National Environmental Policy Act
    F. Review Under Executive Order 13132
    G. Review Under the Unfunded Mandates Reform Act of 1995
    H. Review Under the Treasury and General Government 
Appropriations Act, 1999
    I. Review Under Executive Order 13211
    J. Review Under the Treasury and General Government 
Appropriations Act, 2001
    K. Review Under the Small Business Regulatory Enforcement 
Fairness Act of 1996
    L. Approval by the Office of the Secretary of Energy

I. Background

    The DEAR has typographical errors, outdated citations, missing 
words, acronyms that need to be spelled out, and other errors of a 
technical nature. The objective of today's rule is to correct errors 
and omissions in the existing DEAR and to conform the DEAR to the 
Federal Acquisition Regulation (FAR) naming and numbering conventions. 
None of these changes are substantive or of a nature to cause any added 
expense for DOE or its contractors.

II. Description of the Technical Amendments

    Where appropriate throughout the DEAR, the authority citations have 
been revised to reflect current statutory authorities including 
National Nuclear Security Administration (NNSA) authority in 50 U.S.C. 
2401, et seq.
    Sections have been redesignated to conform DEAR section numbering 
with FAR section numbering.
    Cross references in section headings that appear in the format 
``(DOE coverage * * *)'' have been removed because in many instances 
the references have become outdated.
    References to NNSA positions have been added in instances where 
NNSA may exercise acquisition authority independent of DOE.
    Subpart headings have been added to maintain consistency with the 
FAR subpart headings. These subpart headings do not contain text and do 
not add any substantive changes.
    Outdated or incorrect cross references to DEAR sections and clauses 
have been corrected. Where appropriate, outdated section or clause 
titles have been updated. Cross references to superceded DOE directives 
have been updated. Punctuations and capitalizations have been revised 
throughout for consistency. Titles and addresses have been updated.
    In certain instances sections of the DEAR required so many 
corrections that we determined that for accuracy and simplicity it 
would be better to revise the entire section. Following are the 
detailed editing instructions for sections: 904.702, 923.7003, 933.103, 
942.270-2, 952.216-7, 952.225-70, 970.0404-1, 970.1100-1, 970.5242-1, 
and 970.5244-1.
    Subpart 904.702(b) is amended to add the complete clause title for 
952.223-71, ``Integration of Environment Safety, and Health into Work 
Planning and Execution,'' and to delete the reference to the clause 
titled ``Nuclear Safety.'' The reference to 952.223-74, Nuclear Safety, 
clause was removed as it no longer exists.
    Section 923.7003(a) is amended after ``appropriate'' by removing 
``environmental safety and health program management'' and adding in 
its place ``Office of Health, Safety and Security.''
    Section 923.7003(b) is amended by adding the clause title 
Integration of Environment, Safety, and Health into Work Planning and 
Execution after ``952.223-71'' and changing punctuation.
    Section 923.7003(c) is amended by removing ``923.7002(b)'' and 
adding in its place ``923.7003(b)'' to correct the citation.
    Section 923.7003(c) is amended by adding the two clause titles for 
952.223-71 by adding ``Integration of Environment, Safety, and Health 
into Work Planning and Execution,''; and in two places after ``952.223-
72'' by adding ``Radiation Protection and Nuclear Criticality,''.
    Section 923.7003(d) is amended by removing ``either 923.7002(b) or 
923.7002(c)'' and adding in its place ``923.7003(b) or 923.7003(c)'' to 
correct the citations.
    Section 923.7003(d) is amended by adding the two clause titles for 
952.223-71, ``Integration of Environment, Safety, and Health into Work 
Planning and Execution,''; and in two places after ``952.223-72'' by 
adding ``Radiation Protection and Nuclear Criticality,''.
    Section 923.7003(d) is amended by removing ``Environment, Safety 
and Health'' and adding in its place ``Health, Safety, and Security.''
    Section 923.7003(e) is amended by adding clause titles for 952.223-
71, ``Integration of Environment, Safety, and Health into Work Planning 
and Execution,''; and for 952.223-72, ``Radiation Protection and 
Nuclear Criticality.''
    Sections 923.7003(f) and 923.7003(g) are amended by removing ``48 
CFR'' in both of these paragraphs in four places each; in paragraph (g) 
by removing ``970.1504-5(c)'' and adding in its place ``970.1504-
8(c)''; in paragraph (g) by adding ``Requirements,'' after ``952.204-2, 
Security''; and capitalizing the first letter in each word for the 
clause title ``Nuclear Hazards Indemnity Agreement''.
    Section 933.103(f) is amended by removing the first paragraph in 
(f); by redesignating paragraph (i)(1) as (i); by redesignating 
subparagraphs (i)(1)(i) through (iii) as (1), (2) and (3) respectively; 
and by removing subparagraph (i)(2). The first paragraph (f) is removed 
because it repeats a requirement from FAR 33.101(f).
    Section 933.103(i) is amended in paragraph (i) by removing ``Head 
of Contracting Activity'' and adding in its place ``HCA''.
    Section 933.103(j) is amended by removing the fourth sentence; and 
in the fifth sentence, remove ``parties'' and add in its place ``the 
protester and the Department.'' These changes are made to remove an 
internal procedure and to clarify who the parties are.
    Section 933.103(k) is amended in the first sentence by 
redesignating ``(iii)'' as ``(iv)''; by removing the second sentence; 
and in the third sentence by removing the ``(1).'' The second sentence 
is removed because it is an internal procedure.
    Section 942.270-2 is amended in the section title by using a lower 
case ``c'' for ``clause''; and in the first sentence,

[[Page 36359]]

by adding ``Technical Direction,'' after ``952.242-70.''
    Section 952.216-7, Allowable cost and payment Alternate I, is 
removed. This duplicates FAR 16.307(a)(1) fourth sentence.
    Section 952.225-70 clause in paragraph (b) is amended by adding 
after ``shall'' in the first sentence ``--'' and a line return; in 
subparagraph (1), capitalize the ``C'' in ``consider; in paragraph 
(b)(1), changing the punctuation and adding a line return after ``or''; 
and in paragraphs (b)(2), (b)(2)(i), and (b)(2)(ii), capitalize the 
first letter of the first word in each subparagraph.
    In section 970.0404-1 the Classified Information definition is 
amended by removing reference to Executive Order 12356 and updating it 
with the current Executive Order 12958, Classified National Security 
Information, April 17, 1995, as amended.
    Section 970.1100-1(a) is amended in the second sentence, by adding 
``The'' before ``Office''; in the second sentence, by adding ``'s'' 
after ``Policy''; in the second sentence, by removing ``Letter 91-2'' 
and adding in its place ``Seven Steps to Performance-Based Acquisition 
located at Web site 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.

[[Page 36360]]

D. Review Under the Paperwork Reduction Act

    This final rule does not impose a collection of information 
requirement subject to the Paperwork Reduction Act, 44 U.S.C. 3501 et 
seq. Existing burdens associated with the collection of certain 
contractor data have been cleared under OMB control number 1910-4100.

E. Review Under the National Environmental Policy Act

    DOE has concluded that promulgation of this rule falls into a class 
of actions which would not individually or cumulatively have 
significant impact on the human environment, as determined by DOE's 
regulations (10 CFR part 1021, subpart D) implementing the National 
Environmental Policy Act (NEPA) of 1969 (42 U.S.C. 4321 et seq.). 
Specifically, this rule is categorically excluded from NEPA review 
because the amendments to the DEAR are strictly procedural (categorical 
exclusion A6). Therefore, this rule does not require an environmental 
impact statement or environmental assessment pursuant to NEPA.

F. Review Under Executive Order 13132

    Executive Order 13132, 64 FR 43255 (August 4, 1999) imposes certain 
requirements on agencies formulating and implementing policies or 
regulations that preempt State law or that have federalism 
implications. Agencies are required to examine the constitutional and 
statutory authority supporting any action that would limit the 
policymaking discretion of the States and carefully assess the 
necessity for such actions. The Executive Order requires agencies to 
have an accountability process to ensure meaningful and timely input by 
State and local officials in the development of regulatory policies 
that have federalism implications. On March 14, 2000, DOE published a 
statement of policy describing the intergovernmental consultation 
process it will follow in the development of such regulations (65 FR 
13735). DOE has examined today's rule and has determined that it does 
not preempt State law and does not have a substantial direct effect on 
the States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government. No further action is required by 
Executive Order 13132.

G. Review Under the Unfunded Mandates Reform Act of 1995

    The Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) generally 
requires a Federal agency to perform a written assessment of costs and 
benefits of any rule imposing a Federal mandate with costs to State, 
local or tribal governments, or to the private sector, of $100 million 
or more. This rulemaking makes technical amendments that do not alter 
any substantive rights or obligations. This rule does not impose any 
mandates.

H. Review Under the Treasury and General Government Appropriations Act, 
1999

    Section 654 of the Treasury and General Government Appropriations 
Act, 1999 (Pub. L. 105-277), requires Federal agencies to issue a 
Family Policymaking Assessment for any rulemaking or policy that may 
affect family well-being. This rulemaking will have no impact on the 
autonomy or integrity of the family as an institution. Accordingly, DOE 
has concluded that it is not necessary to prepare a Family Policymaking 
Assessment.

I. Review Under Executive Order 13211

    Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use, 66 FR 28355 
(May 22, 2001) requires Federal agencies to prepare and submit to 
Office of Information and Regulatory Affairs of the Office of 
Management and Budget, a Statement of Energy Effects for any proposed 
significant energy action. A ``significant energy action'' is defined 
as any action by an agency that promulgates or is expected to lead to 
promulgation of a final rule, and that: (1) Is a significant regulatory 
action under Executive Order 12866, or any successor order, (2) is 
likely to have a significant adverse effect on the supply, 
distribution, or use of energy, or (3) is designated by the 
Administrator of OIRA as a significant energy action. For any proposed 
significant energy action, the agency must give a detailed statement of 
any adverse effects on energy supply, distribution, or use should the 
proposal be implemented, and of reasonable alternatives to the action 
and their expected benefits on energy supply, distribution, and use. 
Today's rule is not a significant energy action. Accordingly, DOE has 
not prepared a Statement of Energy Effects.

J. Review Under the Treasury and General Government Appropriations Act, 
2001

    The Treasury and General Government Appropriations Act, 2001 (44 
U.S.C. 3516, note) provides for agencies to review most disseminations 
of information to the public under guidelines established by each 
agency pursuant to general guidelines issued by OMB. OMB's guidelines 
were published at 67 FR 8452 (February 22, 2002), and DOE's guidelines 
were published at 67 FR 62446 (October 7, 2002). DOE has reviewed 
today's rule under the OMB and DOE guidelines and has concluded that it 
is consistent with applicable policies in those guidelines.

K. Review Under the Small Business Regulatory Enforcement Fairness Act 
of 1996

    As required by 5 U.S.C. 801, the Department will report to Congress 
promulgation of this rule. The report will state that it has been 
determined that the rule is not a ``major rule'' as defined by 5 U.S.C. 
804(2).

L. Approval by the Office of the Secretary of Energy

    Issuance of this rule has been approved by the Office of the 
Secretary of Energy.

List of Subjects in 48 CFR Parts 901, 903, 904, 905, 906, 908, 909, 
911, 912, 913, 914, 915, 916, 917, 922, 923, 925, 928, 931, 932, 
933, 935, 936, 939, 941, 942, 947, 950, 951, 952, and 970

    Government procurement.

    Issued in Washington, DC, on July 13, 2009.
Edward R. Simpson,
Director, Office of Procurement and Assistance Management, Department 
of Energy.
David O. Boyd,
Director, Office of Acquisition and Supply Management, National Nuclear 
Security Administration.

0
For the reasons set out in the preamble, Chapter 9 of Title 48 of the 
Code of Federal Regulations is amended as set forth below.
0
1. Authority citations are revised:
0
a. For parts 901, 903, 904, 905, 906, 908, 909, 912, 913, 914, 915, 
916, 917, 922, 923, 925, 928, 931, 932, 933, 935, 936, 939, 941, 942, 
947, 951, and 952, the authority citations are revised to read as 
follows:

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

0
b. For parts 911, 950 and 970, the authority citations are revised to 
read as follows:

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

PART 901--FEDERAL ACQUISITION REGULATIONS SYSTEM

0
2. Section 901.602-3 is amended by revising the section heading to read 
as follows:

[[Page 36361]]

901.602-3  Ratification of unauthorized commitments.

* * * * *

PART 903--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF 
INTEREST


903.104-3  [Redesignated as 903.104-1]

0
3. Redesignate 903.104-3 as 903.104-1.

0
4. Amend the introductory text of newly designated section 903.104-1 by 
removing the reference ``48 CFR (FAR) 3.104-4(d)--'' and adding in its 
place ``48 CFR 3.104-2(b)(3)--''.


903.104-10  [Redesignated as 903.104-7]

0
5. Redesignate 903.104-10 as 903.104-7.

0
6. Amend newly designated section 903.104-7 by revising the section 
heading to read as follows:


903.104-07  Violations or possible violations.

* * * * *

0
7. Remove ``48 CFR 3.104-10'' wherever it occurs in newly designated 
903.104-7 and add in its place ``48 CFR 3.104-7''.

0
8. Add in newly designated 903.104-7, first sentence, commas, after 
``(2)'' and ``Policy Act''.

0
9. Add in newly designated 903.104-7 ``the General Counsel for National 
Nuclear Security Administration (NNSA),'' in the second sentence, after 
``Naval Reactors Offices;''.


903.408-1  [Redesignated as 903.405]

0
10. Redesignate section 903.408-1 as 903.405.

0
11. Newly redesignated section 903.405 is amended by revising the 
section heading to read as follows:


903.405  Misrepresentations or violations of the Covenant Against 
Contingent Fees.

* * * * *


903.502  [Amended]

0
12. Section 903.502 is amended by removing the paragraph (b) 
designation at the beginning of the paragraph.

0
13. Revise the heading for subpart 903.9 to read as follows:

Subpart 903.9--Whistleblower Protections for Contractor Employees


903.901, 903.902, and 903.903  [Redesignated 903.900, 903.901 and 
903.902]

0
14. Redesignate sections 903.901, 903.902, and 903.903 as sections 
903.900, 903.901 and 903.902, respectively.

0
15. Newly designated section 903.900 is amended by revising the heading 
to read as follows:


903.900  Scope of subpart.

* * * * *

PART 904--ADMINISTRATIVE MATTERS

0
16. Section 904.402 is amended by:
0
a. Removing in paragraph (a), ``DOE's'' and adding in its place 
``Department of Energy's (DOE)'';
0
b. Revising the last sentence in paragraph (c)(1);
0
c. Removing ``The clause'' in paragraph (c)(2), at the beginning of the 
first sentence, and adding in its place ``The 952.204-76 clause'' and 
removing ``and the clause'', in the first sentence, and adding in its 
place ``and the 952.223-76 clause'';
0
d. Removing the ``:'' at the end of the introductory text of paragraph 
(c)(3) and adding ``--'' in its place; and
0
e. Adding in paragraph (c)(3)(i), ``952.204-76'' before the first usage 
of ``clause'' and, adding ``952.223-76'' before the second usage of 
``clause''.
    The revision reads as follows:


904.402  General.

* * * * *
    (c)(1) * * * The clause prescribed at 904.404(d)(6) (952.204-76, 
Conditional Payment of Fee or Profit--Safeguarding Restricted Data and 
Other Classified Information) or the clause prescribed at 923.7003(f) 
(952.223-76, Conditional Payment of Fee or Profit--Safeguarding 
Restricted Data and Other Classified Information and Protection of 
Worker Safety and Health) shall be used for this purpose unless the 
clause prescribed at 970.1504-5(b)(1) (970.5215-3, Conditional Payment 
of Fee, Profit, and Other Incentives--Facility Management Contracts) is 
used.
* * * * *

0
17. Section 904.404 is amended by:
0
a. Revising the section heading;
0
b. Removing ``DOE N 142.1.'' in paragraph (d)(3), second sentence, and 
adding in its place ``DOE Order 142.3 or its successor.''; and
0
c. Revising paragraph (d)(6).
    The revisions read as follows:


904.404  Solicitation provision and contract clause.

    (d) * * *
    (6) Except as prescribed in 970.1504-5(b), the contracting officer 
shall insert the clause at 952.204-76, Conditional Payment of Fee or 
Profit--Safeguarding Restricted Data and Other Classified Information 
and Protection of Worker Safety and Health, in all contracts that 
contain the clause at 952.204-2, Security, but that do not contain the 
clause at 952.250-70, Nuclear Hazards Indemnity Agreement.
* * * * *

0
18. Section 904.702 is revised to read as follows:


904.702  Applicability.

    (b) Contracts containing the clause at 952.223-71 Integration of 
Environment Safety, and Health into Work Planning and Execution, or the 
Radiation Protection and Nuclear Criticality clause at 952.223-72, must 
also include the Preservation of Individual Occupational Radiation 
Exposure Records clause at 952.223-75 which will necessitate retention 
of records in accordance with schedules contained in applicable DOE 
Directives in the records management series, rather than those found at 
48 CFR subpart 4.7.

0
19. The heading for subpart 904.8 is revised to read as follows:

Subpart 904.8--Government Contract Files


904.803  [Amended]

0
20. Section 904.803 is amended by removing the word ``procurement'' and 
adding in its place the word ``acquisition''.

0
21. Add a new section 904.804 to read as follows:


904.804  Closeout of contract files.

0
22. Section 904.804-1 is amended by revising the section heading and 
adding ``(HCA)'' in paragraph (a) after the word ``Activity'' to read 
as follows:


904.804-1  Closeout by the office administering the contract.

* * * * *

0
23. Revise section 904.805 to read as follows:


904.805  Storage, handling, and disposal of contract files.

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

0
24. Revise the section heading for section 904.7000 to read as follows:


904.7000  Scope of subpart.

* * * * *


904.7002  [Amended]

0
25. Section 904.7002 is amended by:
0
a. Removing ``following:'' at the end of the introductory text of the 
definition of ``foreign interest'' and adding in its place 
``following--''; and
0
b. Removing ``person,'' in paragraph (3) of the definition of ``foreign 
interest'', and adding in its place ``person;'' .

[[Page 36362]]

904.7003  [Amended]

0
26. Section 904.7003 is amended by:
0
a. Adding ``Facility Clearance,'' in paragraph (c), second sentence 
after ``952.204-73'';
0
b. Removing the punctuation ``:'' in paragraph (d), first sentence, 
after the word ``unless'' and adding in its place ``--'';
0
c. Removing ``48 CFR 952.204-73,'' in paragraph (d)(1) and adding in 
its place ``952.204-73, Facility Clearance;''; and
0
d. Removing ``48 CFR'' in the paragraph (d)(2).


904.7101  [Amended]

0
27. Section 904.7101 is amended by:
0
a. Removing the last sentence in the definition of Entity controlled by 
a foreign government, and adding in its place ``See subpart 925.7 for a 
statement of the prohibition on certain foreign purchases.''
0
b. Removing the ``,'' at the end of the sentence in paragraph (4), in 
the definition of Proscribed information.


904.7102  [Amended]

0
28. Section 904.7102 is amended by:
0
a. Removing the ``:'' in paragraphs (a) introductory text, and (b) 
introductory text, last sentences, and adding in its place ``--''; and
0
b. Removing ``DEAR 952.204-73'' in paragraph (e), and adding in its 
place, ``952.204-73, Facility Clearance''.


904.7103  [Amended]

0
29. Section 904.7103 is amended by:
0
a. Removing ``48 CFR'' in paragraphs (a) and (b);
0
b. Adding ``, Facility Clearance.'' after ``952.204-73'' in paragraph 
(a); and
0
c. Adding ``, Security.'' after ``952.204-2'' in paragraph (b).


904.7201  [Amended]

0
30. Section 904.7201 is amended by adding ``, Public Affairs,'' after 
``952.204-75.''

0
31. The heading for subchapter B is revised to read as follows:

Subchapter B--Competition Acquisition Planning

PART 908--REQUIRED SOURCES OF SUPPLIES AND SERVICES

0
32. Section 908.802 is amended by revising the section heading and 
removing ``48 CFR 952.208-70. '' in paragraph (b) and adding in its 
place, ``952.208-70, Printing, in all contracts.''
    The revision reads as follows:


908.802  Policy.

* * * * *

0
33. Section 908.1104 is amended by revising the section heading, 
redesignating paragraph (e) as (f), and removing ``48 CFR'' in newly 
designated paragraph (f).
    The revision reads as follows:


908.1104  Contract clauses.

* * * * *


908.7105  [Amended]

0
34. Section 908.7105 is amended by removing ``DOE-PMR 41 CFR 109-
25.302-2.'' at the end of the sentence and adding in its place ``DOE-
PMR 41 CFR 109-25.302.''


908.7106  [Amended]

0
35. Section 908.7106 is amended by removing ``DOE-PMR 41 CFR 109-
25.302-2.'' in paragraph (a) at the end of the sentence and adding in 
its place ``DOE-PMR 41 CFR 109-25.302.''; and removing ``FPMR 41 CFR 
101-26.407 and'' in paragraph (b).


908.7108  [Removed and Reserved]

0
36. Section 908.7108 is removed and reserved.


908.7111  [Amended]

0
37. Section 908.7111 is amended by removing ``Commanding General, 
Headquarters, U.S. Army Material Development and Readiness Command, 
5001 Eisenhower Avenue, Alexandria, VA 22333.'' in paragraph (c), and 
adding in its place ``Commanding General, Headquarters, U.S. Army 
Materiel Command, 9301 Chapek Road, Fort Belvoir, VA 22060-5527.''

0
38. Section 908.7113 is revised to read as follows:


908.7113  Calibration services.

    Orders for calibration services may be placed with the National 
Institute of Standards and Technology, 100 Bureau Drive, Stop 2300, 
Gaithersburg, MD 20899-2300, by either DOE acquisition offices or its 
authorized contractors. Copies of the letters authorizing contractors 
to order calibration services on behalf of DOE shall be sent to the 
National Institute of Standards and Technology, Attention: 
``Calibration Services.''

0
39. Section 908.7115 is amended by revising paragraph (a) to read as 
follows:


908.7115  Forms.

    (a) DOE forms shall be obtained by DOE offices in accordance with 
the DOE Guide 242.1-1, DOE Forms Management, for use with DOE Order 
200.1, Information Management Program.
* * * * *

PART 909--CONTRACTOR QUALIFICATIONS

0
40. Add a new section 909.104 to subpart 909.1 to read as follows:


909.104  Standards.


909.104-1  [Amended]

0
41. Section 909.104-1, paragraph (h) is amended by removing ``48 CFR''.

0
42. Section 909.104-3 is amended by revising the section heading and 
removing ``DOE'' in paragraph (e) at the beginning of the paragraph, 
and adding in its place, ``Guaranteeing corporate entities. The 
Department of Energy (DOE)''.
    The revision reads as follows:


909.104-3  Application of standards.

* * * * *


909.400  [Amended]

0
43. Section 909.400 is amended by removing the ``.'' at the end of 
paragraph (a) and adding in its place a ``;''.


909.403  [Amended]

0
44. Section 909.403 is amended by:
0
a. Adding ``Debarring and suspending official, for the DOE, the 
designees are:'' after the introductory paragraph;
0
b. Removing the words ``Debarring Official. The'' and adding in its 
place ``(1) Debarring Official means the''; and
0
c. Removing the words ``Suspending Official. The'' and adding in its 
place ``(2) Suspending Official means the''.

0
45. Section 909.406-2 is amended by:
0
a. Revising the section heading to read as set forth below;
0
b. Removing ``DOE'' in the introductory text of paragraph (c);
0
c. Removing ``; and'' in paragraph (c)(1) after ``subcontract'' and 
adding in its place a period; and
0
d. Removing the ``;'' at the end of the sentence in paragraph (d)(1), 
after ``9.406-3(c)'', and adding in its place a period.


909.406-2  Causes for debarment.

* * * * *

0
46. Section 909.406-3 is amended by revising the section heading to 
read as follows:


909.406-3  Procedures.

* * * * *


909.406-6  [Redesignated 909.406-70]

0
47. Section 909.406-6 is redesignated as 909.406-70, and newly 
designated 909.406-70 is amended by removing ``48 CFR (DEAR)'' in 
paragraph (b), two occurrences.

0
48. Add a new section 909.407 to subpart 909.4 to read as follows:

[[Page 36363]]

909.407  Suspension.

0
49. Section 909.407-2 is amended by:
0
a. Revising the section heading;
0
b. Removing the ``:'' at the end of the introductory text of paragraph 
(d) and adding in its place ``--'';
0
c. Removing ``48 CFR (DEAR)'' in paragraphs (d)(1) and (d)(2);
0
d. Removing the ``.'' in paragraph (d)(1) and adding in its place a 
semicolon; and
0
e. Removing the ``.'' at the end of the sentence in paragraph (d)(2) 
and adding in its place ``; or''.
    The revision reads as follows:


909.407-2  Causes for suspension.

* * * * *

0
50. Section 909.407-3 is amended by revising the section heading, 
removing the ``:'' after ``shall'' in paragraph (b)(3) and adding in 
its place ``--''; and removing ``48 CFR (DEAR)'' in paragraphs (b)(1), 
(b)(2) and (e)(1)(iv).
    The revision reads as follows:


909.407-3  Procedures.

* * * * *

0
51. Section 909.503 is revised to read as follows:


909.503  Waiver.

    Heads of Contracting Activities are delegated the authorities in 48 
CFR 9.503 regarding the waiver of organizational and consultant 
conflicts of interest requirements.

0
52. Section 909.504 is amended by revising the section heading and by 
removing ``48 CFR'' in paragraph (e).
    The revision reads as follows:


909.504  Contracting officer responsibilities.

* * * * *

0
53. Section 909.507-1 is amended by revising the section heading and 
removing ``48 CFR'' in paragraph (e).
    The revision reads as follows:


909.507-1  Solicitation provisions.

* * * * *


909.507-2  [Amended]

0
54. Section 909.507-2 is amended by removing ``48 CFR'' in paragraphs 
(a)(1), (a)(2) and (b).

PART 911--DESCRIBING AGENCY NEEDS


911.604  [Amended]

0
55. Section 911.604(b) is amended by adding a ``,'' after ``Energy)''.

PART 912--ACQUISITION OF COMMERCIAL ITEMS

0
56. Section 912.302 is revised to read as follows:


912.302  Tailoring of provisions and clauses for the acquisition of 
commercial items.

    (c) The waiver required by 48 CFR 12.302(c) shall be in writing and 
approved by the local procurement manager or individual appointed for 
that purpose by the local procurement manager.

PART 913--SIMPLIFIED ACQUISITION PROCEDURES

0
57. Section 913.307 is amended by revising the section heading to read 
as follows:


913.307  Forms.

* * * * *

PART 914--SEALED BIDDING

0
58. Add a new section 914.404 to subpart 914.4 to read as follows:


914.404  Rejection of bids.


914.404-1  [Amended]

0
59. Section 914.404-1, paragraph (c), is amended by removing 
``Procurement Executive has'' and adding in its place ``Senior 
Procurement Executives have''.


914.407-3  [Amended]

0
60. Section 914.407-3(e) is amended in the first and second sentences 
by removing ``Procurement Executive has,'' and add in its place 
``Senior Procurement Executives have''.


914.407-4  [Amended]

0
61. Section 914.407-4 is amended by removing ``Procurement Executive 
has'' and adding in its place ``Senior Procurement Executives have'' in 
the first sentence; and adding ``appropriate Senior'' before the word 
``Procurement'' in the second sentence.


914.408-2  [Redesignated]

0
62. Section 914.408-2 is redesignated as 914.409-2.

PART 915--CONTRACTING BY NEGOTIATION

0
63. Section 915.200 is revised to read as follows:


915.200  Scope of subpart.

    The 48 CFR subpart 15.2 is not applicable to Program Opportunity 
Notices for Commercial Demonstrations (See subpart 917.72) or Program 
Research and Development Announcements (See subpart 917.73).

0
64. Add a new section 915.207 to subpart 915.2 to read as follows:


915.207  Handling proposals and information.

0
65. Section 915.207-70 is amended by revising the section heading and 
removing ``DOE'' in paragraph (f)(3), in the last sentence and adding 
in its place ``Senior''.
    The revision reads as follows:


915.217-70  Handling proposals and information during evaluation.

* * * * *

0
66. Section 915.305 is amended by revising the section heading to read 
as follows:


915.305  Proposal evaluation.

* * * * *

0
67. Add a new section 915.404 to subpart 915.4 to read as follows:


915.404  Proposal analysis.

0
68. Section 915.404-2 is amended by revising the section heading, 
removing ``48 CFR'' in paragraph (c)(1), and redesignating paragraphs 
(c)(2) as (c)(2)(i) and (e)(6) as (c)(2)(ii).
    The revision reads as follows:


915.404-2  Information to support proposal analysis.

* * * * *


915.404-2-70  [Amended]

0
69. Section 915.404-2-70 is amended by removing the ``:'' in paragraph 
(a), and adding in its place ``--''.

0
70. Section 915.404-4 is amended by revising the section heading to 
read as follows:


915.404-4  Profit.

* * * * *


915.404-70-2  [Redesignated 915.404-4-70-2]

0
71. Section 915.404-70-2 is redesignated as 915.404-4-70-2 and 
paragraphs (a) and (b) are amended by removing ``48 CFR''.


915.404-4-70-4  [Amended]

0
72. Section 915.404-4-70-4 is amended by removing the ``:'' in 
paragraph (b) introductory text, and adding in its place ``--''; and 
removing ``48 CFR'' in paragraph (d), and adding in its place 
``subpart''.


915.404-4-70-5  [Amended]

0
73. Section 915.404-4-70-5(d) is amended by removing ``48 CFR''.


915.404-4-70-6  [Amended]

0
74. Section 915.404-4-70-6 is amended by removing ``48 CFR''.

[[Page 36364]]

915.404-4-70-7  [Amended]

0
75. Section 915.404-4-70-7 is amended by removing ``48 CFR'' in 
paragraphs (a) and (b).


915.404-4-71-1  [Amended]

0
76. Section 915.404-4-71-1 is amended by removing the ``,'' in 
paragraph (a)(1) and adding in its place a ``;''; adding a ``;'' in 
paragraph (a)(2) after the word ``performance''; and removing the word 
``for'' in paragraph (b) before the word ``thereunder''.


915.404-4-71-3  [Amended]

0
77. Section 915.404-4-71-3 is amended by removing ``48 CFR'' in 
paragraphs (a) and (d); removing the ``.'' in paragraph (b) 
introductory text, and adding in its place ``--''; adding ``--'' in 
paragraph (b)(1), at the end of the sentence; and removing the ``,'' in 
paragraphs (b)(1)(i), (ii) and (iii), and adding in its place a ``;''.


915.404-4-71-4  [Amended]

0
78. Section 915.404-4-71-4(a) is amended by removing ``48 CFR''.


915.404-4-71-5  [Amended]

0
79. Remove ``48 CFR'' in 915.404-4-71-5, all occurrences, in paragraphs 
(a), (e)(1), and (e)(3).


915.404-4-71-6  [Amended]

0
80. Section 915.404-4-71-6 is amended by removing ``(See 48 CFR 
936.70.)'' in paragraph (b)(4); removing ``as defined in 48 CFR 
936.7201'' in paragraph (b)(6); and removing ``48 CFR'' in paragraph 
(c).


915.404-4-72  [Amended]

0
81. Section 915.404-4-72 is amended by removing ``48 CFR'' in all 
occurrences in paragraphs (a) introductory text, (a)(1), and (b).

0
82. Add a new section 915.408 to subpart 915.4 to read as follows:


915.408  Solicitation provisions and contract clauses.

0
83. Section 915.408-70 is amended by revising the section heading and 
removing ``48 CFR'' in all occurrences.
    The revision reads as follows:


915.408-70  Key Personnel clause.

* * * * *


915.602  [Amended]

0
84. Section 915.602 is amended by removing paragraph (b).

0
85. Section 915.603 is amended by revising the section heading and 
redesignating paragraph (e) as (f).
    The revision reads as follows:


915.603  General.

* * * * *

0
86. Section 915.605 is amended by revising the section heading and in 
paragraph (b)(5) removing ``48 CFR'' and adding in its place 
``subpart''.
    The revision reads as follows:


915.605  Content of unsolicited proposals.

* * * * *

0
87. Section 915.606 is amended by revising the section heading; 
removing ``Coordinator'' from paragraph (b) and adding in its place 
``Manager''; and removing ``(PGH)'' from paragraph (b) and adding in 
its place ``P.O. Box 10940, MS 921-107''.
    The revision reads as follows:


915.606  Agency procedures.

* * * * *

0
88. Section 915.607 is revised to read as follows:


915.607  Criteria for acceptance and negotiation of an unsolicited 
proposal.

    (c) DOE's cost participation policy, at subpart 917.70, shall be 
followed in determining the extent to which the DOE will participate in 
the cost for the proposed effort.

PART 916--TYPES OF CONTRACTS


916.307  [Amended]

0
89. Section 916.307 is amended by redesignating paragraph (j) as 
paragraph (g); and removing ``The contracting officer shall insert'' at 
the beginning of the sentence, and adding in its place ``Insert''.


916.404-2  [Redesignated as 916.405-2]

0
90. Redesignate section 916.404-2 as 916.405-2.

0
91. Add a new section 916.405 to read as follows:


916.405  Cost-reimbursement incentive contracts.

0
92. The heading for section 916.504 is revised to read as follows:


916.504  Indefinite-quantity contracts.

* * * * *

0
93. Section 916.505 is amended by revising it to read as follows:


916.505  Ordering.

    (b)(6)(i) The Director, Office of Contract Management, Office of 
Procurement and Assistance Management, is designated as the DOE 
Ombudsman for task and delivery order contracts in accordance with 48 
CFR 16.505(b)(6). The Director, Office of Acquisition and Supply 
Management, is the designated NNSA Ombudsman for task and delivery 
order contracts in accordance with 48 CFR 16.505(b)(6).
    (ii) The Heads of Contracting Activities shall designate a senior 
manager to serve as the Contracting Activity Ombudsman for task and 
delivery order contracts. If, for any reason, the Contracting Activity 
Ombudsman is unable to execute the duties of the position, the Head of 
the Contracting Activity shall designate an Acting Contracting Activity 
Ombudsman.
    (iii) The Contracting Activity Ombudsman shall--
    (A) Be independent of the contracting officer who awarded and/or is 
administering the contract under which a complaint is submitted;
    (B) Not assume any duties and responsibilities pertaining to the 
evaluation or selection of an awardee for the issuance of an order 
under a multiple award, task or delivery order contract;
    (C) Review complaints from contractors awarded a task or delivery 
order contract;
    (D) Collect all facts from the cognizant organizations or 
individuals that are relevant to a complaint submitted to ensure that 
the complainant and all contractors were afforded a fair opportunity to 
be considered for the order issued in accordance with the procedures 
set forth in each awardees' contract;
    (E) Maintain a written log to track each complaint submitted from 
receipt through disposition;
    (F) Ensure that no information is released which is determined to 
be proprietary or is designated as source selection information; and
    (G) Resolve complaints at the contracting activity for which they 
have cognizance.
    (iv) If, upon review of all relevant information, the Contracting 
Activity Ombudsman determines that corrective action should be taken, 
the Contracting Activity Ombudsman shall report the determination to 
the cognizant contracting officer. Issues which cannot be so resolved 
should be forwarded to the DOE Ombudsman.


916.601  [Removed and Reserved]

0
94. Section 916.601 in subpart 916.6 is removed and reserved.

PART 917--SPECIAL CONTRACTING METHODS

0
95. Section 917.600, paragraph (a) is revised and paragraph (b) is 
amended by removing ``48 CFR''.
    The revision reads as follows:


917.600  Scope of subpart.

    (a) This subpart implements 48 CFR subpart 17.6, Management and

[[Page 36365]]

Operating Contracts. Departmental policies, procedures, provisions and 
clauses to be used in the award and administration of management and 
operating contracts that either implement or supplement the Federal 
Acquisition Regulation and parts 901 through 952 of this chapter are 
contained in part 970.
* * * * *


917.7200  [Amended]

0
96. Section 917.7200(a) is amended by removing the word ``non-nuclear'' 
and adding in its place ``non nuclear''.

PART 922--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITION


922.103-4  [Amended]

0
97. Section 922.103-4(d) is amended by:
0
a. Removing the introductory heading ``Approvals.'' at the beginning of 
the paragraph;
0
b. Removing ``DOE'' and adding in its place ``Department of Energy 
(DOE)'' in paragraph (d)(1) introductory text;
0
c. Removing the ``:'' and adding in its place ``--'' at the end of 
paragraph (d)(1) introductory text;
0
d. Removing the word ``means'' and adding in its place ``means--'' in 
paragraph (d)(1)(i), second sentence; and
0
e. Removing ``advance,'' and adding in its place ``advance;'' in 
paragraph (d)(1)(i)(A).


922.103-5  [Amended]

0
98. Section 922.103-5 is amended in the last sentence by adding the 
word ``subpart'' after the word ``See''.


922.802  [Removed and Reserved]

0
99. Section 922.802 is removed and reserved.

0
100. The heading for Part 923 is revised to read as follows:

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

0
101. Section 923.405 is amended by revising the section heading to read 
as follows:


923.405  Procedures.

* * * * *

0
102. The heading for subpart 923.5 is revised to read as follows:

Subpart 923.5--Drug-Free Workplace


923.570-1  [Amended]

0
103. Section 923.570-1 is amended by removing the ``:'' and adding in 
its place ``--'' in paragraph (a) introductory text; removing the ``,'' 
in paragraph (a)(1), and adding in its place a ``;'' and removing the 
``;'' at end of sentence; and removing the ``:'' in paragraph (a)(2), 
and adding in its place ``--''.


923.570-2  [Amended]

0
104. Section 923.570-2 is amended in paragraphs (a) and (b) by removing 
``48 CFR'' in three places.


923.570-3  [Amended]

0
105. Section 923.570-3 is amended by removing ``48 CFR'' in paragraph 
(a) and (b)(2); removing the ``:'' in paragraph (b), and adding in its 
place ``--''; and removing ``the provision at 970.5204-57; or'' in 
paragraph (b)(2), and adding in its place ``the clause at 970.5223-4, 
Workplace Substance Abuse Programs at DOE Sites; or''.

0
106. Subpart 923.70 is amended by revising the subpart heading to read 
as follows:

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


923.7001  [Amended]

0
107. Section 923.7001 is amended by removing the paragraph designation 
``(a)''.

0
108. Section 923.7002 is amended by revising the section heading, the 
first sentence in paragraph (a)(1) and by removing in paragraph (a)(5), 
``Environment, Safety and Health'' and adding in its place ``Health, 
Safety and Security''.
    The revisions read as follows:


923.7002  Worker safety and health.

    (a)(1) Except when the clause prescribed at 970.1504-8(c) is used, 
the clauses entitled ``952.223-76, Conditional Payment of Fee or 
Profit--Safeguarding Restricted Data and Other Classified Information 
and Protection of Worker Safety and Health'' or ``952.223-77, 
Conditional Payment of Fee or Profit--Protection of Worker Safety and 
Health'' implement the requirements of section 234C of the Atomic 
Energy Act for the use of a contract clause that provides for an 
appropriate reduction in the fee or amount paid to the contractor under 
the contract in the event of a violation by the contractor or any 
contractor employee of any Departmental regulation relating to the 
enforcement of worker safety and health concerns. * * *
* * * * *

0
109. Section 923.7003 is revised to read as follows:


923.7003  Contract clauses.

    (a) A decision to include or not include environmental, safety and 
health clauses in DOE contracts shall be made by the contracting 
officer in consultation with appropriate Office of Health, Safety and 
Security personnel.
    (b) When work is to be performed at a facility where the DOE will 
exercise its statutory authority to enforce occupational safety and 
health standards applicable to the working conditions of the contractor 
and subcontractor employees at such facility, the clause at 952.223-71, 
Integration of Environment, Safety, and Health into Work Planning and 
Execution, shall be used in such contract or subcontract if conditions 
(b)(1) through (3), are satisfied--
    (1) DOE work is segregated from the contractor's or subcontractor's 
other work;
    (2) The operation is of sufficient size to support its own safety 
and health services; and
    (3) The facility is government-owned, or leased by or for the 
account of the government.
    (c) In facilities not meeting the requirements of paragraph (b) of 
this section and which are a production or utilization facility where 
there is use or possession of source, special nuclear, or byproduct 
materials, DOE policy is not to enforce radiological safety and health 
standards pursuant to the contract or subcontract but rather to rely 
upon Nuclear Regulatory Commission (NRC) licensing requirements 
(including agreements with States under section 274 of the Atomic 
Energy Act). Pursuant to this policy, neither the clause found at 
952.223-71, Integration of Environment, Safety, and Health into Work 
Planning and Execution, nor 952.223-72, Radiation Protection and 
Nuclear Criticality, is to be incorporated in the contracts or 
subcontracts for work at such facilities. Notwithstanding this general 
policy with respect to facilities not meeting the requirements of 
paragraph (b) of this section, the Secretary or his designee may 
determine in special cases, that DOE needs to enforce radiological 
safety and health standards pursuant to the contract or subcontract 
(see paragraph (d) of this section). When such a determination is made, 
the clause found at 952.223-72, Radiation Protection and Nuclear 
Criticality, shall be included in the contract or subcontract.

[[Page 36366]]

    (d) In facilities not meeting the requirements of paragraph (b) or 
(c) of this section and where there is a machine capable of producing 
ionizing radiation, it is DOE policy not to regulate such activity 
where it is adequately regulated by a State or other Federal agency. In 
such cases, neither clause 952.223-71, Integration of Environment, 
Safety, and Health into Work Planning and Execution, nor 952.223-72, 
Radiation Protection and Nuclear Criticality, shall be incorporated in 
the contract. Where the contracting officer, with appropriate 
environmental, safety and health advice determines that no State or 
other Federal agency exists to adequately regulate the operation and/or 
use of such machines, the clause found at 952.223-72, Radiation 
Protection and Nuclear Criticality, shall be included in the contract. 
The Assistant Secretary for Health, Safety and Security (or designee) 
shall be consulted to determine if a non-agreement State or a facility 
located in a non-agreement State has been reviewed by any other DOE 
office to establish that the State agency has the essential authority 
and resources for enforcing the radiation protection standards. This is 
to assure reasonable consistency in the assessment of radiation 
protection in non-agreement States and subsequent use of 952.223-72.
    (e) In a situation where the contractor or subcontractor is 
performing DOE work at more than one location, inclusion of either, or 
both, 952.223-71, Integration of Environment, Safety, and Health into 
Work Planning and Execution, and 952.223-72, Radiation Protection and 
Nuclear Criticality, may be appropriate. In such cases, the contract or 
subcontract must include language to specify the extent of 
applicability of each clause used. For example, with a parenthetical: 
(Applicable only to work performed at a contractor site which has 
952.223-71 or 952.223-72 clause in its contract or subcontract).
    (f) Except as prescribed in 970.1504-8(c), the contracting officer 
shall insert the clause at 952.223-76, Conditional Payment of Fee or 
Profit--Safeguarding Restricted Data and Other Classified Information 
and Protection of Worker Safety and Health, in all contracts that 
contain both the clause at 952.204-2, Security Requirements, and the 
clause at 952.250-70, Nuclear Hazards Indemnity Agreement.
    (g) Except as prescribed in 970.1504-8(c), the contracting officer 
shall insert the clause at 952.223-77, Conditional Payment of Fee or 
Profit--Protection of Worker Safety and Health, in all contracts that 
do not contain the clause at 952.204-2, Security Requirements, but that 
do contain the clause at 952.250-70, Nuclear Hazards Indemnity 
Agreement.

PART 925--FOREIGN ACQUISITION


925.102  [Redesignated as 925.103]

0
110. Redesignate 925.102 as 925.103.

0
111. Revise newly designated 925.103 to read as follows:


925.103  Exceptions.

    (a) Contracting officers may make the determination required by FAR 
25.103(a), provided such determination is factually supported in 
writing. If the contract is estimated to exceed $1 million, the Head of 
the Contracting Activity shall approve the determination.


925.105 and 925.108  [Removed]

0
112. Sections 925.105 and 925.108 in subpart 925.1 are removed.


925.204  [Removed]

0
113. Section 925.204 in subpart 925.2 is removed.

0
114. The heading of subpart 925.7 is revised to read as follows:

Subpart 925.7--Prohibited Sources


925.702  [Redesignated as 925.701-70]

0
115. Redesignate section 925.702 as 925.701-70.

0
116. Revise newly designated section 925.701-70 to read as follows:


925.701-70  Prohibited sources.

    No contract may be awarded to a company owned by an entity 
controlled by a foreign government if performance of the contract will 
require access to proscribed information. See subpart 904.71 for 
additional guidance.


925.7003  [Amended]

0
117. Section 925.7003 is amended by removing the ``:'' in paragraph (a) 
introductory text and adding in its place ``--''; removing the ``,'' in 
paragraph (a)(1) and adding in its place ``;''; and removing the ``:'' 
in paragraph (b) introductory text and adding in its place ``--''.

PART 928--BONDS AND INSURANCE

0
118. The heading for subpart 928.1 is revised to read as follows:

Subpart 928.1--Bonds and Other Financial Protections

0
119. Add a new section 928.101 to subpart 928.1 to read as follows:


928.101  Bid guarantees.

0
120. Add a new section 928.103 to subpart 928.1 to read as follows:


928.103  Performance and payment bonds for other than construction 
contracts.


928.301  [Amended]

0
121. Section 928.301 is amended by adding ``part'' before ``950''.


928.370  [Amended]

0
122. Section 928.370(b) introductory text is amended by removing the 
``:'' and adding in its place ``--''.

PART 931--CONTRACT COST PRINCIPLES AND PROCEDURES

0
123. Add a new section 931.205 to subpart 931.2 to read as follows:


931.205  Selected costs.

0
124. Section 931.205-19 is amended by revising the section heading; 
redesignating paragraph (h) as (f); removing ``48 CFR''; and adding ``, 
Insurance-litigation and claims,'' after ``952.231-71''.
    The revision reads as follows:


931.205-19  Insurance and Indemnification.

* * * * *


931.205-32  [Amended]

0
125. Section 931.205-32 is amended by removing the word 
``Precontract'', in the section heading, and paragraphs (b)(1) and 
(b)(4), and adding in its place ``Pre-contract''; and by removing the 
word ``precontract'' in paragraphs (a), (b) introductory text, (b)(2), 
and (b)(4), and adding in its place ``pre-contract''.

0
126. Section 931.205-33 is amended by revising the heading to read as 
follows:


931.205-33  Professional and consultant service costs.

* * * * *

0
127. Section 931.205-47 is amended by revising the heading and removing 
the ``;'' in paragraph (h)(2) introductory text and adding in its place 
``--''.
    The revision reads as follows:


931.205-47  Costs related to legal and other proceedings.

* * * * *

PART 932--CONTRACT FINANCING

0
128. Add a new section 932.006 to part 932 to read as follows:


932.006  Reduction or suspension of contract payments upon finding of 
fraud.

0
129. The heading in subpart 932.1 is revised to read as follows:

[[Page 36367]]

Subpart 932.1--Non-Commercial Item Purchase Financing

0
130. Section 932.102 is amended by revising the heading to read as 
follows:


932.102  Description of contract financing methods.

* * * * *

0
131. Add a new section 932.304 to subpart 932.2 to read as follows:


932.304  Procedures.

0
132. Add a new section 932.501 to subpart 932.5 to read as follows:


932.501  General.


932.605  [Amended]

0
133. Section 932.605(b) is amended in the first sentence by removing 
``DOE'' and adding in its place ``Department of Energy (DOE)''.


932.7003  [Amended]

0
134. Section 932.7003(e) introductory text is amended by removing the 
``:'' and adding in its place ``--''.


932.7004-3  [Amended]

0
135. Section 932.7004-3 introductory text is amended by removing the 
``:'' and adding in its place ``--''.

PART 933--PROTESTS, DISPUTES, AND APPEALS

Subpart 933.1--Protests

0
136. Section 933.102 is amended by revising the section heading; and in 
paragraph (b), adding ``(HCA)'' after ``Activities''.
    The revision reads as follows:


933.102  General.

* * * * *

0
137. Section 933.103 is revised to read as follows:


933.103  Protests to the agency.

    (i) Protests filed with the contracting officer before or after 
award shall be decided by the HCA except for the following cases, which 
shall be decided by the Senior Procurement Executive:
    (1) The protester requests that the protest be decided by the 
Senior Procurement Executive.
    (2) The HCA is the contracting officer of record at the time the 
protest is filed, having signed either the solicitation where the award 
has not been made, or the contract, where the award or nomination of 
the apparent successful offeror has been made.
    (3) The HCA concludes that one or more of the issues raised in the 
protest have the potential for significant impact on Department of 
Energy (DOE) acquisition policy.
    (j) The Department of Energy encourages direct negotiations between 
an offeror and the contracting officer in an attempt to resolve 
protests. In those situations where the parties are not able to achieve 
resolution, the Department favors the use of alternative dispute 
resolution (ADR) techniques to resolve protests. A protest requesting a 
decision at the Headquarters level shall state whether the protester is 
willing to utilize ADR techniques such as mediation or nonbinding 
evaluation of the protest by a neutral party. Both the protester and 
the Department must agree that the use of such techniques is 
appropriate. If the parties do not mutually agree to utilize ADR 
techniques to resolve the protest, the protest will be processed in 
accordance with the procedures set forth in paragraph (k).
    (k) Upon receipt of a protest lodged with the Department, the 
contracting officer shall prepare a report similar to that discussed in 
FAR 33.104(a)(3)(iv). The Senior Procurement Executive (for protests at 
the Headquarters level or those specific HCA protests cited in 
paragraph (i) of this section) or an HCA (for protests at the 
contracting activity level) will render a decision on a protest within 
35 calendar days, unless a longer period of time is determined to be 
needed.

0
138. Section 933.104 is amended by revising the section heading; 
removing ``GAO'' in paragraph (b) (first occurrence) and adding in its 
place ``Government Accountability Office (GAO)''; and removing ``Head 
of the Contracting Activity'' in paragraphs (b), in two places, and 
(c), and adding in its place ``HCA''.
    The revision reads as follows:


933.104  Protests to GAO.

* * * * *


933.106  [Amended]

0
139. Section 933.106 is amended by removing ``48 CFR'' in paragraphs 
(a), (b), and (c).

PART 935--RESEARCH AND DEVELOPMENT CONTRACTING


935.010  [Amended]

0
140. Section 935.010(c) is amended by removing after ``thereto,'' the 
remainder of the first sentence and adding in its place 
``electronically to the Department of Energy (DOE) Energy Link System 
(E-link) at http://www.osti.gov/.''

PART 936--CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS


936.202  [Amended]

0
141. Section 936.202 is amended by removing, in paragraph (d) ``the 
regulations prescribed by the General Accounting Office in sections 
3020-10 and 3030 of Title 7 of GAO Manual for Guidance of Federal 
Agencies'' and adding in its place ``internal financial procedures''; 
and removing ``therefor'' in paragraph (e) after ``payments''.


936.602-70  [Amended]

0
142. Section 936.602-70 is amended by removing ``required by 936.601,'' 
in the introductory paragraph; removing the ``:'' in paragraph (a) in 
the first line and adding in its place ``--''; removing the ``:'' in 
paragraph (a)(7) and adding in its place ``; or''; and removing the 
``:'' in paragraph (b)(1) introductory text and adding in its place 
``--''.

Subpart 936.7--[Removed and Reserved]

0
143. Subpart 936.7 consisting of 936.702 is removed and reserved.

PART 939--ACQUISITION OF INFORMATION TECHNOLOGY


939.7001  [Removed and Reserved]

0
144. Section 939.7001 is removed and reserved.


939.7002  [Amended]

0
145. Section 939.7002 is amended by removing ``48 CFR'' in paragraph 
(b), second sentence; removing the ``:'' at the end of paragraph (c) 
introductory text and adding in its place ``--''; and removing the 
``,'' in paragraph (c)(1) and adding in its place ``;''.

PART 941--ACQUISITION OF UTILITY SERVICES


941.201-71  [Amended]

0
146. Section 941.201-71 is amended by removing ``48 CFR''.

PART 942--CONTRACT ADMINISTRATION AND AUDIT SERVICES

0
147. Part 42 title is revised to read as set forth above.

0
148. Section 942.270-2 is revised to read as follows:


942.270-2  Contract clause.

    The clause at 952.242-70, Technical Direction, or a clause 
substantially the same, may be inserted in solicitations and contracts 
when a designated Contracting Officer's Representative will

[[Page 36368]]

issue technical direction to the contractor under the contract.

0
149. Add a new section 942.705 to subpart 942.7 to read as follows:


942.705  Final indirect cost rates.

0
150. Section 942.705-1 is amended by revising the heading to read as 
follows:


942.705-1  Contracting officer determination procedure.

* * * * *

0
151. Section 942.705-3 is amended by revising the heading to read as 
follows:


942.705-3  Educational institutions.

* * * * *


942.705  [Amended]

0
152. In the table below, for each section indicated in the left column, 
remove the word indicated in the middle column from where it appears in 
the section, and add the words in the right column:

----------------------------------------------------------------------------------------------------------------
              Section                       Remove                                  Add
----------------------------------------------------------------------------------------------------------------
942.705-1(a)(3)...................  ``Policy''...........  ``Procurement and Assistance Policy''
942.705-3(a)(2)...................  ``Policy''...........  ``Procurement and Assistance Policy''
942.705-4.........................  ``Policy''...........  ``Procurement and Assistance Policy''
942.705-5.........................  ``Policy''...........  ``Procurement and Assistance Policy''
----------------------------------------------------------------------------------------------------------------

PART 947--TRANSPORTATION

Subpart 947.5--[Removed]

0
153. Subpart 947.5 is removed.


947.7001  [Amended]

0
154. Section 947.7001 is amended by removing ``DOE Order 551.1'' and 
adding in its place ``DOE Order 551.1C, or its successor''.


947.7002  [Amended]

0
155. Section 947.7002 is amended by removing ``48 CFR''.

0
156. The heading for part 950 is revised to read as follows:

PART 950--EXTRAORDINARY CONTRACTUAL ACTIONS AND THE SAFETY ACT


950.7000  [Amended]

0
157. Section 950.7000 is amended by removing ``DOE'' and adding in its 
place ``the Department of Energy (DOE)''.


950.7002  [Amended]

0
158. Section 950.7002 is amended by removing the ``:'' following the 
introductory text of the definition of Person indemnified and adding in 
its place ``--''.

PART 951--USE OF GOVERNMENT SOURCES BY CONTRACTORS


951.101  [Amended]

0
159. Section 951.101 is amended by removing ``DOE'' and adding in its 
place ``Department of Energy (DOE)''.


951.102  [Amended]

0
160. Section 951.102 is amended by removing in paragraph (c)(1) 
``Property'' and adding in its place ``Resource''.

PART 952--SOLICITATION PROVISIONS AND CONTRACT CLAUSES


952.000  [Amended]

0
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''.


952.203-70  [Amended]

0
162. Section 952.203-70 introductory text is amended by removing ``48 
CFR''.


952.204-2  [Amended]

0
163. Section 952.204-2 clause is amended by:
0
a. Revising the date of the clause to read as set forth below; and
0
b. Removing ``in effect on the date of award.'' in paragraph (b) and 
adding in its place ``as incorporated into the contract.''; and adding 
``, Facility Clearance,'' in paragraph (l) in the second sentence after 
``DEAR 952.204-73''.
    The revision reads as follows:


952.204-2  Security requirements.

* * * * *

SECURITY (AUG 2009)

* * * * *


952.204-72  [Amended]

0
164. Section 952.204-72 is amended by removing ``Classification'' and 
adding in its place ``Classification/Declassification''.


952.204-73  [Amended]

0
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 ``--''.


952.204-75  [Amended]

0
166. Section 952.204-75 introductory text is amended by removing ``48 
CFR''.


952.204-76  [Amended]

0
167. Section 952.204-76 is amended by removing ``48 CFR DEAR'' in the 
introductory text; and removing the word ``Restricted'' in clause 
paragraph (a)(3) and adding in its place ``restricted''.


952.204-77  [Amended]

0
168. Section 952.204-77 clause is amended by removing the ``:'' in 
paragraph (b) introductory text and adding in its place ``--''; and 
removing the ``,'' in paragraph (b)(1).


952.209-8  [Amended]

0
169. Section 952.209-8 introductory text is amended by removing ``48 
CFR''.


952.209-72  [Amended]

0
170. Section 952.209-72 is amended by:
0
a. Revising the date of the clause to read as set forth below;
0
b. Adding, in clause paragraph (b)(1)(i), an ``e'' to ``therefor'' and 
removing ``DEAR 9.507-2'' and adding in its place ``48 CFR 909.507-2'';
0
c. Removing the ``:'' at the end of clause paragraph (b)(2)(i) 
introductory text and adding in its place ``--''.
0
d. Removing ``FAR part 13'' in Alternate I, paragraph (f)(1) and adding 
in its place ``48 CFR part 13'';
0
e. Removing ``FAR 37.201'' in Alternate I, paragraph (f)(1) and adding 
in its place ``48 CFR 2.101''; and
0
f. Removing ``DEAR 909.507-1'' in Alternate I, paragraph (f)(2) and 
adding in its place ``48 CFR 909.507-1''.
    The revision reads as follows:


952.209-72  Organizational conflicts of interest.

* * * * *

[[Page 36369]]

ORGANIZATIONAL CONFLICTS OF INTEREST (AUG 2009)

* * * * *


952.211-70  [Amended]

0
171. Section 952.211-70 introductory text is amended by removing the 
``.'' at the end of the introductory paragraph and adding in its place 
``:''; and removing ``officer'' in the clause and adding in its place 
``Officer.'' removing ``(End of clause)'' at the end of the provision 
and adding in its place ``(End of provision)''.


952.211-71  [Amended]

0
172. Section 952.211-71 introductory text is amended by removing the 
``.'' at the end of the introductory paragraph and adding in its place 
``:''


952.215-70  [Amended]

0
173. Section 952.215-70 is amended by:
0
a. Removing ``48 CFR'' in the introductory text; and
0
b. Removing in clause paragraph (a) ``48 CFR'' and adding in its place 
``DEAR''.

0
174. Section 952.216-7 is revised to read as follows:


952.216-7  Allowable cost and payment.

    As prescribed in 916.307(a), when contracting with a commercial 
organization modify paragraph (a) of the clause at FAR 52.216-7 by 
adding the phrase ``as supplemented by subpart 931.2 of the Department 
of Energy Acquisition Regulations (DEAR),'' after FAR subpart 31.2.


952.216-15  [Amended]

0
175. Section 952.216-15 clause is amended by:
0
a. Revising the date of the clause alternate to read as set forth 
below; and
0
b. Removing ``(j)'' after ``916.307'' and adding in its place ``(g)''; 
and removing ``31.3'' and adding in its place ``31.4''.
    The revision reads as follows:


952.216-15  Predetermined indirect cost rates.

* * * * *
    Alternate (AUG 2009):
* * * * *

0
176. The section heading for 952.223 is revised to read as follows:


952.223  Clauses related to environment, energy and water efficiency, 
renewable energy technologies, occupational safety, and drug-free 
workplace.


952.223-71  [Amended]

0
177. Section 952.223-71 introductory text is amended by removing 
``923.7002'' and adding in its place ``923.7003''; and removing ``48 
CFR''.


952.223-72  [Amended]

0
178. Section 952.223-72 introductory text is amended by removing 
``923.7002'' and adding in its place ``923.7003''.


952.223-75  [Amended]

0
179. Section 952.223-75 introductory text is amended by removing, ``The 
contracting officer shall insert this'' and adding in its place ``As 
prescribed at 923.7003(h), insert the''.


952.223-76  [Amended]

0
180. Section 952.223-76 is amended by:
0
a. Revising the date of the clause to read as set forth below;
0
b. Removing in the introductory text ``48 CFR (DEAR) 923.7002(f)'' and 
adding in its place ``923.7003(f)''.
0
c. Removing ``data'' in clause paragraph (a)(3) and adding in its place 
``Data'';
0
d. Removing ``48 CFR 952.223-76 (b)(2)'' in clause paragraph (b)(1) and 
adding in its place ``paragraph (b)(2) of this clause''.
0
e. Removing ``48 CFR 923.7001(b)'' in clause paragraph (b)(1) and 
adding in its place ``48 CFR 923.7002(a)(2)''; and
0
f. Removing ``WS&H only)'' in clause paragraph (b)(1) in the last 
sentence and adding in its place ``worker safety and health (WS&H) 
only''.
    The revision reads as follows:


952.223-76  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)

* * * * *


952.223-77  [Amended]

0
181. Section 952.223-77 is amended by:
0
a. Revising the date of the clause to read as set forth below; and
0
b. Removing in the introductory text ``48 CFR (DEAR) 923.7002(g)'' and 
adding in its place ``923.7003(g)'' and removing ``48 CFR 952.223-77 
(b)(2)'' in paragraph (b)(1) and adding in its place ``paragraph (b)(2) 
of this clause''.
    The revision reads as follows:


952.223-77  Conditional payment of fee or profit--protection of worker 
safety and health.

* * * * *

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

* * * * *


952.224-70  [Removed]

0
182. Section 952.224-70 is removed.


952.225-70  [Amended]

0
183. Section 952.225-70 paragraph (b) is revised to read as follows:


952.225-70  Subcontracting for nuclear hot cell services.

* * * * *
    (b) In selecting a competitive offer for a first-tier subcontract 
acquisition of nuclear hot cell services, the contractor shall--
    (1) Consider neither costs related to the decommissioning of 
nuclear waste facilities nor costs related to the storage and disposal 
of nuclear waste; or
    (2) Add these costs to offers of foreign companies, if--
    (i) One or more of the offers is submitted by a United States 
company and includes costs related to the decommissioning of nuclear 
facilities and costs related to the storage and disposal of nuclear 
waste because it is subject to such cost; and
    (ii) One or more of the offers is submitted by a foreign company 
and does not include these types of costs. (A foreign company might not 
be subject to such costs or might not have to include these types of 
cost in its offer if the firm is subsidized in decommissioning activity 
or storage and disposal of nuclear waste, or a foreign government is 
performing the activities below the actual cost of the activity.)
* * * * *


952.231-71  [Amended]

0
184. Section 952.231-71 is amended by:
0
a. Revising the date of the clause to read as set forth below;
0
b. Removing in the introductory text, ``48 CFR 931.205-19'' and adding 
in its place, ``931.205-19(f)''.
0
c. Removing, in the clause heading, ``Insurance-Litigation'' and adding 
in its place ``Insurance--Litigation''
0
d. Removing the ``,'' in paragraph (h)(1) and (h)(2) and adding in its 
place a ``;''; and
0
e. Removing ``unreimbursable'' in paragraph (k) and adding in its place 
``non-reimbursable''.
    The revision reads as follows:


952.231-71  Insurance-litigation and claims.

* * * * *

[[Page 36370]]

INSURANCE-LITIGATION AND CLAIMS (AUG 2009)

* * * * *


952.233-2  [Amended]

0
185. Section 952.233-2 is amended by removing ``48 CFR'' in the 
introductory text; and removing ``General Accounting'' in paragraph (c) 
and adding in its place ``Government Accountability''.


952.233-4  [Amended]

0
186. Section 952.233-4 clause is amended by:
0
a. Revising the date of the provision to read as set forth below; and
0
b. Removing ``General Accounting'' in paragraph (a) and adding in its 
place ``Government Accountability''.
    The revision reads as follows:


952.233-4  Notice of protest file availability.

* * * * *

NOTICE OF PROTEST FILE AVAILABILITY (AUG 2009)

* * * * *


952.233-5  [Amended]

0
187. Section 952.233-5 is amended by removing ``48 CFR'' in the 
introductory text; and adding ``48 CFR'' before ``933.103'' in the 
clause.


952.235-70  [Removed]

0
188. Section 952.235-70 is removed.


952.235-71  [Amended]

0
189. Section 952.235-71 is amended by:
0
a. Removing ``48 CFR Part'' in the introductory text;
0
b. Removing the ``:'' in clause paragraph (c) in the first sentence and 
adding in its place ``--'';
0
c. Adding ``of Energy (DOE)'' in clause paragraph (c) introductory text 
after ``Department''; and
0
d. Removing the ``,'' in clause paragraph (c)(3) after ``or''.


952.242-70  [Amended]

0
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 
``--''.


952.247-70  [Amended]

0
191. Section 952.247-70 is amended by:
0
a. Revising the date of the clause to read as set forth below; and
0
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''.
    The revision reads as follows:


952.247-70  Foreign travel.

* * * * *

FOREIGN TRAVEL (AUG 2009)

* * * * *


952.250-70  [Amended]

0
192. Section 952.250-70 clause is amended by removing the ``:'' in 
paragraphs (e)(2)(iv)(A) introductory text and (e)(3) introductory 
text, and adding in its place ``--''.


952.251-70  [Amended]

0
193. Section 952.251-70 is amended by:
0
a. Revising the date of the clause to read as set forth below;
0
b. Removing ``48 CFR 951.70'' in the introductory text and adding in 
its place ``951.7002''; and
0
c. Removing ``Military Traffic Management Command (MTMC)'' in clause 
paragraph (e), first sentence, and adding in its place ``Surface 
Deployment and Distribution Command (SDDC)''.
    The revision reads as follows:


952.251-70  Contractor employee travel discounts.

* * * * *

CONTRACTOR EMPLOYEE TRAVEL DISCOUNTS (AUG 2009)

* * * * *

0
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:

------------------------------------------------------------------------
               Section                     Remove              Add
------------------------------------------------------------------------
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..........................  .                 :
------------------------------------------------------------------------


0
195. Add ``(End of provision)'' after the following provisions: 
952.204-73, 952.233-2, 952.233-4, and 952.233-5.

0
196. Add ``(End of clause)'' at the end of the following clauses: 
952.204-2, 952.204-70, 952.204-71, 952.204-72, 952.208-7, 952.208-70, 
952.217-70, 952.223-72, 952.223-75, 952.225-70, 952.231-70, 952.236-71, 
952.237-70, and 952.251-70.

PART 970--DOE MANAGEMENT AND OPERATING CONTRACTS


970.0100  [Amended]

0
197. Section 970.0100 is amended by removing in the third sentence, 
``48 CFR''; and removing ``DEAR'' in the third sentence before ``Part 
970''.


970.0309-1  [Amended]

0
198. Section 970.0309-1 is amended by removing ``48 CFR''.


970.0370-1  [Amended]

0
199. Section 970.0370-1 is amended by:
0
a. Removing ``DOE'' in paragraph (a) and adding in its place ``the 
Department of Energy (DOE)'';
0
b. Removing ``48 CFR'' in paragraph (b) and (d);
0
c. Removing the ``:''in paragraph (b) introductory text and adding in 
its place ``--'';
0
d. Adding ``and'' in paragraph (b)(8), after ``;'';
0
e. Removing the ``;'' in paragraph (b)(9), and adding in its place 
``.''; and
0
f. Removing paragraph (b)(10).


970.0371-9  [Amended]

0
200. Section 970.0371-9 is amended by removing ``48 CFR'' in both 
places.

0
201. In section 970.0404-1, revise the definition for Classified 
Information to read as follows:


970.0404-1  Definitions.

* * * * *
    Classified Information means any information or material that is 
owned by or produced for, or is under the control of the United States 
Government, and determined pursuant to provisions of Executive Order 
12958, Classified National Security Information, April 17, 1995, as 
amended, or prior orders, or as authorized under the Atomic Energy Act 
of 1954, as amended, to require protection against unauthorized 
disclosure, and is so designated.
* * * * *


970.0404-2  [Amended]

0
202. Section 970.0404-2 is amended by adding ``(DOE)'' in paragraph (a) 
in the first sentence, after ``Energy'';

[[Page 36371]]

adding ``subpart'' before ``904.4'', ``904.70'' and ``904.71'' in 
paragraph (a); and removing ``48 CFR'' in paragraph (c) in the first 
sentence.


970.0404-3  [Amended]

0
203. Section 970.0404-3(b) is amended by removing ``48 CFR'' and adding 
in its place ``subpart''.


970.0404-4  [Amended]

0
204. Section 970.0404-4(b) is amended by removing ``48 CFR'' in both 
places.


970.0407-1-2  [Amended]

0
205. Section 970.0407-1-2 is amended by removing ``48 CFR''.


970.0407-1-3  [Amended]

0
206. Section 970.0407-1-3 is amended by removing ``48 CFR''.


970.0470-1  [Amended]

0
207. Section 970.0470-1(d) is amended by removing ``48 CFR''.


970.0470-2  [Amended]

0
208. Section 970.0470-2 is amended by removing ``DEAR'' in the first 
sentence.


970.0801-1  [Redesignated as 970.0801-2]

0
209. Redesignate 970.0801-1 as 970.0801-2.

0
210. Revise newly designated section 970.801-2 to read as follows:


970.0801-2  Policy.

    The provisions of 48 CFR subpart 8.1, 41 CFR 101-43 (Federal 
Property Management Regulation), and 41 CFR 109-43, (Department of 
Energy (DOE) Property Management Regulation) apply to DOE's management 
and operating contracts.

0
211. Section 970.0808 is revised to read as follows:


970.0808  Acquisition of printing and related supplies.


970.0808-1  [Redesignated]

0
212. Redesignate 970.0808-1 as 970.0808-00.

0
213. Amend newly designated section 970.0808-00 by revising the section 
heading to read as follows:


970.0808-00  Scope.

* * * * *

0
214. The heading for subpart 970.09 is revised to read as follows:

Subpart 970.09--Contractor Qualifications


970.0905  [Amended]

0
215. Section 970.0905 is amended by revising the section heading; and 
removing ``48 CFR'' in the paragraph.
    The revision reads as follows:


970.0905  Organizational and consultant conflicts of interest.

* * * * *


970.0970-1  [Amended]

0
216. Section 970.0970-1 is amended by removing ``DOE'' in paragraph (b) 
in the first sentence and adding in its place ``The Department of 
Energy (DOE)''.


970.0970-2  [Amended]

0
217. Section 970.0970-2 is amended by removing ``48 CFR''.

0
218. Section 970.1100-1 is amended by revising paragraph (a) to read as 
follows:


970.1100-1  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.
* * * * *


970.1170-1  [Amended]

0
219. Section 970.1170-1 is amended by removing ``NNSA'' and adding in 
its place ``the National Nuclear Security Administration (NNSA) 
Senior''.


970.1170-2  [Amended]

0
220. Section 970.1170-2 is amended by removing ``48 CFR''.


970.1504-1-2  [Amended]

0
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).


970.1504-1-3  [Amended]

0
222. Section 970.1504-1-3 is amended by:
0
a. Removing, in paragraph (b)(1), ``48 CFR 970.31'' and adding in its 
place ``subpart 970.31'';
0
b. Removing ``48 CFR'' in paragraph (b)(2) in three places; and
0
c. Removing ``48 CFR'' in paragraphs (c)(1), (c)(2), and (c)(3), both 
occurrences.


970.1504-1-4  [Amended]

0
223. Section 970.1504-1-4 is amended by adding ``subpart'' after ``48 
CFR'' in paragraphs (a) in the first sentence, and (e) in the second 
sentence and removing ``48 CFR'' in paragraphs (b), in the second 
sentence, (c)(3), and (f).


970.1504-1-5  [Amended]

0
224. Section 970.1504-1-5 is amended by removing ``48 CFR'' in 
paragraph (b) and removing the ``:'' in paragraphs (b) introductory 
text and (b)(3) introductory text and adding in its place ``--''.


970.1504-1-6  [Amended]

0
225. Section 970.1504-1-6 is amended by removing the ``:'' in paragraph 
(b) introductory text and adding in its place ``--''.


970.1504-1-7  [Amended]

0
226. Section 970.1504-1-7 is amended by:
0
a. Removing the ``:'' in paragraph (b) introductory text and adding in 
its place ``--'';
0
b. Removing ``48 CFR'' in paragraph (b)(4);
0
c. Removing ``48 CFR 91504-1-5'' in paragraph (d) in the third sentence 
and adding in its place ``915.404-4-71-5''; and
0
d. Removing ``48 CFR'' in paragraphs (d), in the last sentence, and 
(e), in two places.


970.1504-1-8  [Amended]

0
227. Section 970.1504-1-8 paragraphs (a) and (c) are amended by 
removing ``48 CFR''.


970.1504-1-9  [Amended]

0
228. Section 970.1504-1-9 is amended by removing the ``:'' in 
paragraphs (e)(1) introductory text, (e)(2) introductory text, and 
(e)(3)

[[Page 36372]]

introductory text, and adding in its place ``--''; and removing ``48 
CFR'' in paragraph (h).


970.1504-1-10  [Amended]

0
229. Section 970.1504-1-10 is amended by removing ``48 CFR'' in two 
places.


970.1504-1-11  [Amended]

0
230. Section 970.1504-1-11 is amended by removing ``48 CFR'' before 
``970''.


970.1504-2  [Amended]

0
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.


970.1504-5  [Amended]

0
232. Section 970.1504-5 is amended by removing ``48 CFR'' in paragraphs 
(a) introductory text, (b)(1), (b)(2), (c), and (d).


970.1707-2  [Amended]

0
233. Section 970.1707-2 is amended by removing the ``:'' in the 
introductory text and adding in its place ``--''; and removing the 
``,'' after ``and'' in paragraph (d).


970.1707-3  [Amended]

0
234. Section 970.1707-3 is amended by:
0
a. Removing the ``:'' in paragraph (b) introductory text and adding in 
its place ``--'';
0
b. Removing the ``,'' after ``and'' in paragraph (b)(3);
0
c. Removing the ``:'' in paragraph (c) introductory text and adding in 
its place ``--''; and
0
d. Removing the ``,'' after ``; and'' in paragraph (c)(1) at the end of 
the paragraph.


970.2200  [Amended]

0
235. Section 970.2200 is amended by adding ``(DOE)'' after ``Energy''.


970.2201-2-2  [Amended]

0
236. Section 970.2201-2-2 is amended by removing ``48 CFR''.


970.2204-1-1  [Amended]

0
237. Section 970.2204-1-1 is amended by:
0
a. In the table below, for each section indicated in the left column, 
remove the word indicated in the middle column from where it appears in 
the section, and add the word in the right column:

----------------------------------------------------------------------------------------------------------------
                Section                                Remove                                Add
----------------------------------------------------------------------------------------------------------------
970.2204-1-1(a) introductory text and   ``noncovered''.....................  ``non-covered''.
 (a)(2).
970.2204-1-1 (c)(1) introductory text,  ``noncovered''.....................  ``non-covered''.
 (c)(2)(i), (c)(4), and (c)(5).
970.2204-1-1 (d)......................  ``noncovered''.....................  ``non-covered''.
----------------------------------------------------------------------------------------------------------------

And

0
b. Removing in paragraphs (c)(1)(i), (c)(1)(ii) and (c)(1)(iii), the 
``;'' and adding in its place a ``.''.


970.2210  [Amended]

0
238. Section 970.2210 is amended by removing ``48 CFR'' and adding 
``(x)'' after ``970.5244-1''.


970.2270  [Amended]

0
239. Section 970.2270(b)(2) introductory text is amended by removing 
the ``:'' at the end of the paragraph and adding in its place ``--''.

0
240. The heading for subpart 970.23 is revised to read as follows:

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


970.2303-1  [Redesignated as 970.2303-2-70]

0
241. Redesignate 970.2303-1 as 970.2303-2-70.

0
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''.


970.2303-2  [Redesignated as 970.2303-3]

0
243. Redesignate 970.2303-2 as 970.2303-3.

0
244. Amend newly designated 970.2303-3(a) introductory text by removing 
the ``:'' and adding in its place ``--''.

0
245. The section heading for 970.2304 is revised to read as follows:


970.2304  Use of recovered materials and biobased products.

0
246. Section 970.2304-2 is amended by removing ``48 CFR (DEAR)'' in the 
first and second sentences and removing ``:'' at the end of the 
introductory text and adding in its place ``--''.


970.2305-4  [Amended]

0
247. Section 970.2305-4(a) is amended by removing ``48 CFR''.


970.2306  [Amended]

0
248. Section 970.2306 is amended by removing ``48 CFR'' in paragraph 
(a) before ``970.5223-4'' and removing ``48 CFR'' in paragraph (b)(2).


970.2803-1  [Amended]

0
249. Section 970.2803-1 is amended by:
0
a. Removing ``extrastatutory'' in paragraph (a)(2)(iii), and adding in 
its place ``extra-statutory'';
0
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
0
c. Removing the ``:'' in paragraph (b)(2) introductory text and adding 
in its place ``--''.


970.2803-2  [Amended]

0
250. Section 970.2803-2 is amended by removing ``48 CFR''.


970.2902-1  [Redesignated as 970.2902-3]

0
251. Redesignate 970.2902-1 as 970.2902-3 and revise the section 
heading to read as follows:


970.2902-1  Other Federal tax exemptions.

* * * * *

0
252. Amend newly designated section 970.2902-3 by removing the first 
``DOE'' from paragraph (a) and adding in its place ``the Department of 
Energy (DOE)''; and by redesignating paragraphs (b) and (c) as 
paragraphs (c) and (d) respectively.


970.2903-1  [Redesignated as 970.2903-2]

0
253. Redesignate section 970.2903-1 as 970.2903-2 and revise the 
section heading to read as follows:


970.2903-2  Application of State and local taxes to the Government.

* * * * *

0
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

[[Page 36373]]

removing the ``:'' and adding in its place ``--'' in paragraph (b) 
introductory text.

0
255. Section 970.2904-1 is amended by revising paragraph (a) and 
removing ``48 CFR'' in paragraph (b).
    The revision reads as follows:


970.2904-1  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.''
* * * * *

0
256. The heading for subpart 970.30 is revised to read as follows:


970.30  Cost Accounting Standards Administration.

0
257. Section 970.3002-1 is amended by revising the heading to read as 
follows:


970.3002-1  CAS applicability.

* * * * *

0
258. Section 970.3101-9 is amended by revising the heading to read as 
follows:


970.3101-9  Advance agreements.

* * * * *

0
259. Section 970.3101-10 is amended by revising the heading and 
removing ``48 CFR'' in paragraphs (a) and (b).
    The revision reads as follows:


970.3101-10  Indirect cost rate certification and penalties on 
unallowable costs.

* * * * *


970.3102-3-70  [Amended]

0
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 ``--''.

0
261. Section 970.3102-05 is amended by revising the heading to read as 
follows:


970.3102-05  Selected costs.

* * * * *

0
262. Section 970.3102-05-4 is amended by revising the heading and 
removing ``48 CFR'' from paragraph (d).
    The revision reads as follows:


970.3102-05-4  Bonding costs.

* * * * *

0
263. Section 970.3102-05-6 is amended by revising the heading to read 
as follows:


970.3102-05-6  Compensation for personal services.

* * * * *

0
264. Section 970.3102-05-18 is amended by revising the heading to read 
as follows:


970.3102-05-18  Independent research and development and bid and 
proposal costs.

* * * * *


970.3102-05-19  [Amended]

0
265. Section 970.3102-05-19 is amended by removing ``48 CFR''.

0
266. Section 970.3102-05-22 is amended by revising the heading to read 
as follows:


970.3102-05-22  Lobbying and political activity costs.

* * * * *

0
267. Section 970.3102-05-28 is amended by revising the heading to read 
as follows:


970.3102-05-28  Other business expenses.

* * * * *


970.3102-05-30  [Redesignated as 970.3102-05-30-70]

0
268. Redesignate 970.3102-05-30 as 970.3102-05-30-70.

0
269. Amend newly designated 970.3102-05-30-70(b) introductory text by 
removing the ``:'' and adding in its place ``--''.

0
270. Add a new section 970.3102-05-30 to subpart 970.31 to read as 
follows:


970.3102-05-30  Patent costs.

0
271. Section 970.3102-05-33 is amended by revising the heading to read 
as follows:


970.3102-05-33  Professional and consultant service costs.

* * * * *

0
272. Section 970.3102-05-46 is amended by revising paragraph (a)(5) to 
read as follows:


970.3102-05-46  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.
* * * * *

0
273. Section 970.3102-05-47 is amended by revising the heading to read 
as follows:


970.3102-05-47  Costs related to legal and other proceedings.

* * * * *


970.3102-05-70  [Amended]

0
274. Section 970.3102-05-70 is amended by removing ``48 CFR''.


970.3170  [Amended]

0
275. Section 970.3170 is amended by removing ``48 CFR'' from the 
introductory text.


970.3200  [Amended]

0
276. Section 970.3200 is amended by removing ``DOE'' and adding in its 
place ``the Department of Energy (DOE)''.


970.3200-1-1  [Amended]

0
277. Section 970.3200-1-1 is amended by removing ``48 CFR''.


970.3204-1  [Amended]

0
278. Section 970.3204-1 is amended by adding ``for Non-Commercial 
Items'' after ``Advance Payments'' in paragraph (a) and removing the 
``:'' in paragraph (c) introductory text and adding in its place ``--
''.


970.3270  [Amended]

0
279. Section 970.3270 is amended by removing ``48 CFR'' before ``970'' 
in paragraphs (a)(1), (a)(2), (a)(3), (a)(4), (a)(5), (a)(6), (b)(1), 
and (b)(2) and adding ``-- Modifications'' after ``Data'' in paragraph 
(a)(2) in the second sentence.


970.3400-1  [Amended]

0
280. Section 970.3400-1 is amended by removing ``DOE'' (first 
occurrence) and adding in its place ``the Department of Energy (DOE)''.


970.3500  [Amended]

0
281. Section 970.3500 is amended by adding ``(DOE)'' after ``Energy''.


970.3501-1  [Amended]

0
282. Section 970.3501-1 is amended by removing ``48 CFR'' in paragraph 
(c)(2); and removing ``nonsponsor'' in paragraph (b)(3), and adding in 
its place, ``non-sponsor''.


970.3501-2  [Amended]

0
283. Section 970.3501-2 is amended by removing ``nonsponsor'' and 
adding in its place, ``non-sponsor''.


970.3501-3  [Amended]

0
284. Section 970.3501-3 is amended by removing ``48 CFR 970.1702-1(b)'' 
in paragraph (b) introductory text and adding in its place ``970.1706-
1(b).


970.3501-4  [Amended]

0
285. Section 970.3501-4 is amended by removing ``48 CFR''.

[[Page 36374]]

970.3605-1  [Amended]

0
286. Section 970.3605-1 is amended by removing ``in'' before ``48 CFR'' 
and adding in its place ``at''.


970.3605-2  [Amended]

0
287. Section 970.3605-2 is amended by removing ``in 48 CFR'' and adding 
in its place ``at''.


970.3770-1  [Amended]

0
288. Section 970.3770-1 is amended by removing the first ``DOE'' and 
adding in its place ``the Department of Energy (DOE)''.


970.4102-1  [Amended]

0
289. Section 970.4102-1 is amended by:
0
a. Removing the first ``DOE'' in paragraph (a) and adding in its place 
``the Department of Energy (DOE)'';
0
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
0
c. Revising paragraph (c) to read as follows:


970.4102-1  Policy.

* * * * *
    (c) The requirements of 48 CFR part 41, this section, and DOE Order 
430.2, or its successor, shall be applied to a subcontract level 
acquisition for furnishing utility services to a facility owned or 
leased by DOE.


970.4207-03-02  [Amended]

0
290. Section 970.4207-03-02 is amended by:
0
a. Removing ``48 CFR'' wherever it appears in paragraph (a) 
introductory text;
0
b. Removing the ``,'' in paragraph (a)(2) introductory text and adding 
in its place ``--'';
0
c. Removing ``Department's'' in paragraph (a)(2)(ii) and adding in its 
place ``Civilian''; and
0
d. Removing ``was'' in paragraph (a)(2)(iii), and adding in its place 
``Was''.


970.4207-03-70  [Amended]

0
291. Section 970.4207-03-70 is amended by removing ``48 CFR''.

0
292. Section 970.4207-05-01 is amended by revising the section heading 
and removing the ``:'' in paragraph (b)(4) introductory text and adding 
in its place ``--''.
    The revision reads as follows:


970.4207-05-01  Contracting officer determination procedure.

* * * * *


970.4302-1  [Amended]

0
293. Section 970.4302-1 is amended by removing ``48 CFR''.


970.4401-1  [Amended]

0
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 ``--''.


970.4401-2  [Amended]

0
295. Section 970.4401-2 is amended by removing the ``:'' in paragraph 
(a) introductory text and adding in its place ``--''.


970.4401-3  [Amended]

0
296. Section 970.4401-3 is amended by removing the ``:'' in paragraph 
(a)(1) introductory text and adding in its place ``--''.


970.4402-2  [Amended]

0
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 ``--''.


970.4402-3  [Amended]

0
298. Section 970.4402-3 is amended by:
0
a. Removing the ``:'' in paragraphs (a) introductory text, (b) 
introductory text, and (c)(1) introductory text and adding in its place 
``--'';
0
b. Removing ``therefor'' in paragraph (a)(3) in the second sentence, 
and adding in its place ``therefore'';
0
c. Removing the ``,'' in paragraph (b)(1) and adding in its place a 
``;'';
0
d. Removing ``48 CFR 970.3102-3-21'' in paragraph (c)(1)(i) and adding 
in its place ``48 CFR 31.205-26(e);''; and
0
e. Removing ``48 CFR'' the second occurrence in paragraph (c)(1)(ii).


970.4402-4  [Amended]

0
299. Section 970.4402-4 is amended by removing the ``:'' in paragraph 
(a) introductory text and adding in its place ``--''.

0
300. The heading to subpart 970.50 is revised to read as follows:

Subpart 970.50--Extraordinary Contractual Actions and the Safety 
Act


970.5004  [Redesignated as 970.5001]

0
301. Redesignate section 970.5004 as 970.5001.


970.5004-1  [Redesignated as 970.5001-4]

0
302. Redesignate section 970.5004-1 as 970.5001-4.

0
303. Amend newly designated 970.5001-4 by adding ``Alternate I,'' after 
``85-804,''.


970.5070-1  [Amended]

0
304. Section 970.5070-1 is amended by removing ``DOE'' from paragraph 
(a) and adding in its place ``the Department of Energy (DOE)''; and 
removing ``48 CFR'' from paragraph (b) and adding in its place 
``subpart''.


970.5070-2  [Amended]

0
305. Section 970.5070-2 is amended by adding a ``--'' after ``be'' at 
the end of the introductory text; and removing the ``,'' in paragraph 
(a) and adding in its place a ``;''.


970.5070-3  [Amended]

0
306. Section 970.5070-3 is amended in paragraph (a), in two places, and 
in paragraph (b) by removing ``48 CFR''.


970.5203-1  [Amended]

0
307. Section 970.5203-1 is amended by removing ``48 CFR'' in both 
places in the introductory text, and in clause paragraph (a)(4), in the 
last sentence, by adding ``48 CFR'' before ``970.5232-3''.


970.5203-2  [Amended]

0
308. Section 970.5203-2 introductory text is amended by removing ``48 
CFR''.


970.5203-3  [Amended]

0
309. Section 970.5203-3 is amended by removing ``48 CFR'' in the 
introductory text.


970.5204-1  [Amended]

0
310. Section 970.5204-1 introductory text is amended by removing ``48 
CFR'' in three places.


970.5204-2  [Amended]

0
311. Section 970.5204-2 introductory text is amended by removing ``48 
CFR''.


970.5204-3  [Amended]

0
312. Section 970.5204-3 introductory text is amended by removing ``48 
CFR''.


970.5208-1  [Amended]

0
313. Section 970.5208-1 introductory text is amended by removing ``48 
CFR''.


970.5209-1  [Amended]

0
314. Section 970.5209-1 introductory text is amended by removing ``48 
CFR''.


970.5215-1  [Amended]

0
315. Section 970.5215-1 is amended by:
0
a. Removing ``48 CFR'' in the introductory text;
0
b. Removing the ``:'' at the end of clause paragraphs (d)(1) 
introductory text and (d)(3) introductory text and adding in its place 
``--'';
0
c. Removing in paragraph (d)(1)(i), ``prior'' and adding in its place, 
``Prior'';

[[Page 36375]]

0
d. Removing in paragraph (d)(1)(ii) ``not'' and adding in its place, 
``Not'';
0
e. Removing in paragraphs (d)(3)(i) and (d)(3)(ii), ``of such'' and 
adding in its place, ``Of such'';
0
f. Removing in paragraph (d)(3)(iii) ``if'' and adding in its place, 
``If''; and
0
g. Removing ``48 CFR'' in the introductory text for Alternate 
paragraphs I, II, III and IV.


970.5215-3  [Amended]

0
316. Section 970.5215-3 is amended by:
0
a. Revising the date of the clause and the two alternates to read as 
set forth below;
0
b. Removing ``48 CFR 970.1504-5(c)(1)'' in the introductory text and 
adding in its place ``970.1504-5(b)(1)'';
0
c. Removing ``48 CFR 970.1504-5(c)(2)'' in the introductory text of 
Alternate I and adding in its place ``970.1504-5(b)(2)'';
0
d. Removing ``48 CFR 970.1504-5(c)(3)'' in the introductory text of 
Alternate II and adding in its place ``970.1504-5(b)(3)'';
0
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 ``--'';
0
f. Removing ``232.1A'' in clause paragraph (c)(3)(i) and adding in its 
place ``231.1-2''; and
0
g. Removing ``in contracts awarded on a cost plus award fee, incentive 
fee or multiple fee basis'' in Alternate II introductory text.
    The revision reads as follows:


970.5215-3  Conditional payment of fee, profit, and other incentives--
facility management contracts.

* * * * *

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

* * * * *
    Alternate I (AUG 2009)
* * * * *
    Alternate II (AUG 2009)
* * * * *


970.5215-4  [Amended]

0
317. Section 970.5215-4 is amended by:
0
a. Revising the date of the clause to read as set forth below;
0
b. Removing ``48 CFR 970.1504-5(d)'' from the introductory text and 
adding in its place, ``970.1504-5(c)'';
0
c. Removing the ``:'' in paragraph (b), at the end of the introductory 
text of the Shared Net Savings definition, and adding in its place ``--
'';
0
d. Removing the ``a'' at the beginning of paragraphs (b)(1) and (b)(2) 
of the Shared Net Savings definition and adding in its place ``A'';
0
e. Removing the ``:'' in paragraphs (c)(2) introductory text, (d) 
introductory text, and (e) introductory text and adding in its place 
``--''; and
0
f. Removing ``rewardable'' and ``rewarded'' in paragraph (j) and adding 
in their places ``awardable'' and ``considered'', respectively.
    The revision reads as follows:


970.5215-4  Cost reduction.

* * * * *

COST REDUCTION (AUG 2009)

* * * * *


970.5215-5  [Amended]

0
318. Section 970.5215-5 introductory text is amended by removing ``48 
CFR 970.1504-5(e),'' and adding in its place ``970.1504-5(d)''.


970.5217-1  [Amended]

0
319. Section 970.5217-1 is amended by:
0
a. Removing ``48 CFR (DEAR)'' in the introductory text;
0
b. Removing the ``:'' in clause paragraphs (c) introductory text and 
(c)(9) introductory text and adding in its place ``--''; and
0
c. Adding ``(End of clause)'' after the clause 970.5217-1.


970.5222-1  [Amended]

0
320. Section 970.5222-1 introductory text is amended by removing ``48 
CFR''.


970.5222-2  [Amended]

0
321. Section 970.5222-2 is amended by removing ``48 CFR'' in the 
introductory text; and removing the ``:'' in paragraphs (c) 
introductory text, and (c)(5) introductory text and adding in their 
places ``--''.


970.5223-1  [Amended]

0
322. Section 970.5223-1 is amended by removing ``48 CFR 970.2303-2(a)'' 
in the introductory text and adding in its place ``970.2303-3(b)''; and 
removing the ``:'' in clause paragraph (c) introductory text and adding 
in its place ``--''.

0
323. The section heading for 970.5223-3 is revised to read as follows:


970.5223-3  Agreement regarding Workplace Substance Abuse Programs at 
DOE sites.

* * * * *


970.5223-4  [Amended]

0
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''.


970.5228-1  [Amended]

0
325. Section 970.5228-1 is amended by:
0
a. Revising the date of clause to read as set forth below;
0
b. Removing ``48 CFR'' in the introductory text.
0
c. Removing the ``,'' in clause paragraphs (e)(1), (h)(1) and (h)(2) 
and adding in its place a ``;''; and
0
d. Removing ``unreimbursable'' in clause paragraph (k) and adding in 
its place ``non-reimbursable''.
    The revision reads as follows:


970.5228-1  Insurance--litigation and claims.

* * * * *

INSURANCE--LITIGATION AND CLAIMS (AUG 2009)

* * * * *


970.5229-1  [Amended]

0
326. Section 970.5229-1 is amended by removing ``48 CFR'' in the 
introductory text; and removing ``Insurance-Litigation'' in clause 
paragraph (b), last sentence, and adding in its place, ``Insurance--
Litigation''.


970.5231-4  [Amended]

0
327. Section 970.5231-4 introductory text and the Alternates I and II 
introductory text are amended by removing ``48 CFR''.

0
328. The section heading for 970.5232-1 is revised and in the 
introductory text by removing ``48 CFR''.
    The revision reads as follows:


970.5232-1  Reduction or suspension of advance, partial, or progress 
payments.

* * * * *


970.5232-2  [Amended]

0
329. Section 970.5232-2 is amended by:
0
a. Removing ``48 CFR'' in Alternate I and in the introductory text of 
Alternates II, III, and IV;
0
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'';
0
c. Removing the ``:'' in clause paragraphs (e) introductory text, 
(e)(2) introductory text, and (e)(2)(iv) and adding in its place ``--
'';
0
d. Removing the ``,'' in clause paragraphs (e)(1), and (e)(3)(i) and 
adding in its place a ``;'';

[[Page 36376]]

0
e. Removing the ``,'' in clause paragraph (e)(3)(ii);
0
f. Revising the last sentence of paragraph (e)(2)(iv)(B);
0
g. Removing the ``,''in clause paragraph (e)(3) introductory text and 
adding in its place ``--''; and
0
h. Adding ``(End of clause)'' after clause 970.5232-2, and before 
Alternate I.
    The revision reads as follows:


970.5232-2  Payments and advances.

* * * * *
    (e) * * *
    (2) * * *
    (iv) * * *
    (B) * * * In addition, the contractor shall provide prompt notice 
to the contracting officer of all potential claims under this clause, 
whether in litigation or not (see Contract Clause, 48 CFR 970.5228-1, 
Insurance--Litigation and Claims);
* * * * *


970.5232-3  [Amended]

0
330. Section 970.5232-3 is amended by:
0
a. Revising the date of the clause to read as set forth below;
0
b. Removing ``48 CFR 970.3270(a)(2)'', in the introductory text and 
adding in its place, ``970.3270(a)(2)'';
0
c. Removing in clause paragraph (d), last sentence, ``ownership of 
records'' and adding in its place, ``Ownership of Records'';
0
d. Removing ``General Accounting'' in clause paragraph (h)(3) 
introductory text and adding in its place ``Government 
Accountability'';
0
e. Removing the ``:'' at the end of clause paragraph (i)(1) 
introductory text and adding in its place ``--'';
0
f. Removing in the last sentence of clause paragraph (j), ``970.5242-
1'' and adding in its place ``48 CFR 970.5242-1'' and removing 
``unallowable costs'' and adding in its place ``Unallowable costs''; 
and
0
g. Removing in Alternate I, introductory paragraph, ``48 CFR 
970.3270(a)(2)(i),'' and adding in its place, ``970.3270(a)(2),''; and 
adding ``-- Modifications'' after ``Data''.
    The revision reads as follows:


970.5232-3  Accounts, records, and inspection.

* * * * *

ACCOUNTS, RECORDS AND INSPECTION (AUG 2009)

* * * * *


970.5232-4  [Amended]

0
331. Section 970.5232-4 is amended by:
0
a. Removing in the introductory text, ``48 CFR 970.3270(a)(3),'' and 
adding in its place, ``970.3270(a)(3),'';
0
b. Removing the ``:'' at the end of paragraph (b) introductory text and 
adding in its place ``--'';
0
c. Removing ``contract,'' at the end of clause paragraph (b)(1), and 
adding in its place ``contract;'';
0
d. Removing ``agrees'' at the end of clause paragraph (d) introductory 
text and adding in its place, ``agrees--'';
0
e. Removing ``directives,'' in clause paragraphs (d)(1) and (d)(2) and 
adding in its place ``directives;'';
0
f. Removing ``to'' at the beginning of clause paragraphs (d)(1), 
(d)(2), and (d)(3), and adding in its place, ``To''; and
0
g. Removing in Alternate I, ``48 CFR 970.3270(a)(3)(i),'' and adding in 
its place, ``970.3270(a)(3)''.

0
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''.

0
333. The following sections are amended by adding at the end of each 
clause, ``(End of clause)'', 970.5217-1, 970.5232-2, 970.5232-5, 
970.5232-6, 970.5232-7, and 970.5232-8.


970.5235-1  [Amended]

0
334. Section 970.5235-1 is amended by removing ``48 CFR 970.3501-4,'' 
in the introductory text, and adding in its place, ``970.3501-4,'' and 
adding ``(DOE)'' after the first use of ``Energy'' in clause paragraph 
(a).


970.5236-1  [Amended]

0
335. Section 970.5236-1 introductory text, is amended by removing ``in 
48 CFR 970.3605-2,'' and adding in its place ``at 970.3605-2,''.
0
336. Section 970.5242-1 is revised to read as follows:


970.5242-1  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)


970.5243-1  [Amended]

0
337. Section 970.5243-1 introductory text is amended by removing ``48 
CFR''.

0
338. Section 970.5244-1 is revised to read as follows:


970.5244-1  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

[[Page 36377]]

file documentation which is appropriate to the value of the purchase 
and is adequate to establish the propriety of the transaction and 
the price paid. The Contractor's purchasing performance will be 
evaluated against such performance criteria and measures as may be 
set forth elsewhere in this contract. DOE reserves the right at any 
time to require that the Contractor submit for approval any or all 
purchases under this contract. The Contractor shall not purchase any 
item or service, the purchase of which is expressly prohibited by 
the written direction of DOE, and shall use such special and 
directed sources as may be expressly required by the DOE Contracting 
Officer. DOE will conduct periodic appraisals of the Contractor's 
management of all facets of the purchasing function, including the 
Contractor's compliance with its approved system and methods. Such 
appraisals will be performed through the conduct of Contractor 
Purchasing System Reviews in accordance with 48 CFR subpart 44.3, 
or, when approved by the Contracting Officer, through the 
Contractor's participation in the conduct of the Balanced Scorecard 
performance measurement and performance management system. The 
Contractor's approved purchasing system and methods shall include 
the requirements set forth in paragraphs (b) through (y) of this 
clause.
    (b) Acquisition of utility services. Utility services shall be 
acquired in accordance with the requirements of 48 CFR subpart 
970.41.
    (c) Acquisition of Real Property. Real property shall be 
acquired in accordance with 48 CFR subpart 917.74.
    (d) Advance Notice of Proposed Subcontract Awards. Advance 
notice shall be provided in accordance with 48 CFR 970.4401-3.
    (e) Audit of Subcontractors. (1) The Contractor shall provide 
for--
    (i) Periodic post-award audit of 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 8.5

[[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.


(End of Clause)


970.5245-1  [Amended]

0
339. Section 970.5245-1 is amended by:
0
a. Removing in the introductory text and Alternate I, ``48 CFR'';
0
b. Removing ``regulations'' in clause paragraphs (e)(2), three 
occurrences, and (i)(1)(i), second sentence, two occurrences, and 
adding in its place ``Regulations'';
0
c. Adding ``(DOE)'' after ``Energy'' in clause paragraph (e)(2); and
0
d. Removing the ``:'' in clause paragraphs (f)(1)(i) introductory text, 
(g) introductory text, (i)(1)(ii) introductory text, (j) introductory 
text, and Alternate I (j) introductory text and adding in its place 
``--''.

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

0
340. The sections listed below are amended by adding the word 
``Senior'' before the word ``Procurement'' in the following places:
0
a. Section 901.102 in the first sentence;
0
b. Section 903.203 in the second sentence;
0
c. Section 903.603(a);
0
d. Section 906.202(b)(1);
0
e. Section 906.304(c)(3);
0
f. Section 915.404-4-71-2;
0
g. Section 915.404-4-71-3(d), two places;
0
h. Section 915.404-4-72 paragraphs (a) introductory text and (b);
0
i. Section 931.205-32(b)(1) second sentence;
0
j. Section 933.103 in paragraph (f) and paragraph (i)(1) introductory 
text;
0
k. Section 933.103(k) in the third sentence;
0
l. Section 933.104 in paragraphs (b), (c), and (g)(1), in two places;
0
m. Section 949.111(c);
0
n. Section 951.103(b);
0
o. Section 970.0404-2 in paragraph (c) in the first sentence;
0
p. Section 970.1170-2;
0
q. Section 970.1504-1-1;
0
r. Section 970.1504-1-2 in paragraphs (c), (d), (f), (g), and (i)(1);
0
s. Section 970.1504-1-3(b)(1) in the last sentence;
0
t. Section 970.1504-1-3 in paragraphs (c)(3) and (4);
0
u. Section 970.1504-1-4 in paragraphs (b), (c)(2), and (c)(3);
0
v. Section 970.1504-1-7 in paragraph (e);
0
w. 970.1504-1-9(e) in paragraphs (e)(1)(v), (e)(2)(vii), (e)(3)(vi), 
(f) (in two places), and (i);
0
x. Section 970.1504-1-10;
0
y. Section 970.1504-5 in paragraphs (a) introductory text, (b)(1), (c), 
and (d);
0
z. Section 970.1706-1 in paragraphs (b) and (c);
0
aa. Section 970.2303-1 in paragraph (c)(1) in the first sentence;
0
bb. Section 970.3101-00-70(a); and
0
cc. Clause 970.5232-5 in paragraph (a).

PARTS 952 AND 970--[AMENDED]

0
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:

----------------------------------------------------------------------------------------------------------------
                Section                                Remove                                Add
----------------------------------------------------------------------------------------------------------------
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,       ``contractor''.....................  ``Contractor''
 (a)(2) in two places, (a)(3), (b)(1)
 introductory text, (b)(1)(i),
 (b)(1)(ii), (b)(2)(ii), (b)(3), (c)
 introductory text, (c)(3).
952.204-76(a)(1), (a)(3), (b)(1)        ``contractor's''...................  ``Contractor's''
 introductory text, (c) introductory
 text, (c)(3)(iii), (c)(3)(iv).
952.204-77(a)(2), (b) introductory      ``contractor''.....................  ``Contractor''
 text, (d) in two places, (e).
952.208-7(b)..........................  ``contractor''.....................  ``Contractor''
952.208-70 first paragraph, (2).......  ``contractor''.....................  ``Contractor''

[[Page 36379]]

 
952.209-72(a), (b) introductory text    ``contractor''.....................  ``Contractor''
 in three places, (b)(1)(i) in three
 places, (b)(1)(ii) in three places,
 (b)(1)(iii), (b)(2)(i) in two places,
 (b)(2)(ii), (b)(2)(iii), (c)(1) in
 two places, (c)(2), (d), Alternate I
 (f)(1) in two places, Alternate I
 (f)(2) in four places.
952.209-72(b)(1)(i)...................  ``contractor's''...................  ``Contractor's''
952.217-70(a).........................  ``contractor''.....................  ``Contractor''
952.217-70(a)(1)......................  ``contractor's''...................  ``Contractor's''
952.223-72 in four places.............  ``contractor''.....................  ``Contractor''
952.223-75 in three places............  ``contractor''.....................  ``Contractor''
952.223-76(a)(2) in two places,         ``contractor''.....................  ``Contractor''
 (a)(3), (b)(1) introductory text,
 (b)(1)(i), (b)(1)(ii), (b)(1)(vi),
 (b)(2)(ii), (b)(3), (c) first
 occurrence.
952.223-76(a)(1), (a)(3), (b)(1), (c)   ``contractor's''...................  ``Contractor's''
 introductory text, (c)(3)(iii),
 (c)(3)(iv), (d)(1), (d)(3).
952.223-77(a)(1) in three places,       ``contractor''.....................  ``Contractor''
 (a)(2) in two places, (a)(3), (b)(1)
 introductory text, (b)(1)(i),
 (b)(1)(ii), (b)(1)(vi), (b)(2)(ii),
 (c) introductory text first
 occurrence.
952.223-77(a)(1), (a)(3), (b)(1)        ``contractor's''...................  ``Contractor's''
 introductory text, (c)(1)
 introductory text, (c)(3)
 introductory text.
952.231-71(a) in two places, (b) in     ``contractor''.....................  ``Contractor''
 five places, (c)(1), (c)(2) in two
 places, (d) in three places, (e)
 introductory text, (g) introductory
 text, (g)(2), (h), (i) in three
 places, (j)(1) in two places, (j)(3),
 (k) introductory text in two places,
 (l) introductory text in three
 places, (l)(3) in four places.
952.231-71(h) introductory text,        ``contractor's''...................  ``Contractor's''
 (l)(3).
952.235-71(a), (b) introductory text    ``contractor''.....................  ``Contractor''
 in three places, (b)(3), (c)
 introductory text, (d) introductory
 text, (d)(1) in three places, (d)(2),
 (d)(3), (d)(5) in four places, (g),
 (h).
952.235-71(b)(3), (e).................  ``contractor's''...................  ``Contractor's''
952.237-70 second paragraph of clause.  ``contractor''.....................  ``Contractor''
952.242-70(a)(1), (a)(2), (a)(3), (b),  ``contractor''.....................  ``Contractor''
 (e) introductory text in four places,
 (e)(1), (e)(2), (e)(3), (f).
952.242-70(c)(5), (e)(1),.............  ``contractor's''...................  ``Contractor's''
952.250-70(c) in three places, (d)(1)   ``contractor''.....................  ``Contractor''
 in three places, (e)(1), (e)(2)(iii),
 (e)(2)(iv) introductory text,
 (e)(2)(vi), (f) in seven places, (g)
 in two places, (i), (j), (k), Note
 III in the second paragraph.
952.251-70(a) in two places in the      ``contractor''.....................  ``Contractor''
 first sentence and the second
 sentence, (f)(1) in two places.
970.5203-1(a)(1) in three places,       ``contractor''.....................  ``Contractor''
 (a)(2), (a)(4) in two places, (b).
970.5203-1(a)(3)......................  ``contractor's''...................  ``Contractor's''
970.5203-2(a), (b), (c) in two places,  ``contractor''.....................  ``Contractor''
 (d).
970.5203-3(a), (b) in two places, (c)   ``contractor''.....................  ``Contractor''
 in four places, (d).
970.5204-1(a), (b)....................  ``contractor''.....................  ``Contractor''
970.5204-2(a) in two places, (b) in     ``contractor''.....................  ``Contractor''
 seven places, (c), (d) (e) in two
 places.
970.5204-2(b) in two places, (e)......  ``contractor's''...................  ``Contractor's''
970.5204-3(a) in two places, (b),       ``contractor''.....................  ``Contractor''
 (b)(2) in two places, (b)(3),
 (b)(5)(iii) second occurrence only,
 (c), (d) in four places, (f) in two
 places, (g).
970.5204-3(b)(2), (b)(5)(ii)..........  ``contractor's''...................  ``Contractor's''
970.5211-1(a) in three places, (b),     ``contractor''.....................  ``Contractor''
 (c), (d), (e) in two places, (f), (g)
 in two places.
970.5215-1(c)(2), (c)(3)..............  ``contractor''.....................  ``Contractor''
970.5215-1(c)(1), (c)(3), Alternate     ``contractor's''...................  ``Contractor's''
 III (f).
970.5215-3(a)(1)(i), (a)(1)(ii),        ``contractor''.....................  ``Contractor''
 (a)(4), (b)(3)(i), (b)(3)(ii),
 (b)(3)(vi), (b)(4)(iv) in four
 places, (b)(4)(v)(A) in three places,
 (b)(4)(v)(B) in four places, (c)
 introductory text in two places, (d)
 introductory text, (d)(3)
 introductory text, Alternate I
 (a)(1), (a)(3), (b)(3)(i),
 (b)(3)(ii), (b)(3)(vi), Alternate II
 (e) introductory text, Alternate II
 (f)(3).
970.5215-3(a)(1)(i), (a)(1)(ii),        ``contractor's''...................  ``Contractor's''
 (b)(2), (b)(3), (b)(4)(ii),
 (b)(4)(iii), (c)(1), (d)(3)(iii),
 (d)(3)(iv), Alternate I (a)(1),
 Alternate I (b)(2), Alternate I
 (b)(3), Alternate II (f)(3).
970.5215-4(b) in two places             ``contractor''.....................  ``Contractor''
 (definition of administrative cost
 and definition of design, process or
 method change), (i).
970.5217-1(c)(8)......................  ``contractor's''...................  ``Contractor's''
970.5222-2(a), (b), (c) introductory    ``contractor''.....................  ``Contractor''
 text.
970.5223-1(b) introductory text in      ``contractor''.....................  ``Contractor''
 four places, (b)(1), (b)(7) in two
 places, (c) introductory text in two
 places, (d) in two places, (e) in two
 places, (f) in two places, (g) in
 four places, (h) in two places, (i)
 in two places.
970.5223-1(b) introductory text, (e),   ``contractor's''...................  ``Contractor's''
 (g), (h), (i).
970.5223-2(d) introductory text in      ``contractor''.....................  ``Contractor''
 three places, (d)(iii).
970.5223-4(a), (b), (c)(1) in two       ``contractor''.....................  ``Contractor''
 places, (c)(2) in two places, (c)(3).
970.5223-4(b).........................  ``contractor's''...................  ``Contractor's''
970.5228-1(a) in two places, (b) in     ``contractor''.....................  ``Contractor''
 five places, (c)(1), (c)(2) in two
 places, (d) in three places, (e)
 introductory text, (g) introductory
 text, (g)(2), (h) introductory text,
 (i) in two places, (j)(1) in two
 places, (j)(3), (k) in two places,
 (l) introductory text in three
 places, (l)(3) in four places.
970.5228-1(h) introductory text,        ``contractor's''...................  ``Contractor's''
 (l)(3).
970.5229-1(a) in six places, (b) in     ``contractor''.....................  ``Contractor''
 seven places, (c).
970.5231-4(a) in six places, Alternate  ``contractor''.....................  ``Contractor''
 II (c) in two places,.
970.5232-1(a), (b)....................  ``contractor''.....................  ``Contractor''
970.5232-1(a).........................  ``contractor's''...................  ``Contractor's''
970.5232-2(a), (b) in two places, (c)   ``contractor''.....................  ``Contractor''
 in three places, (d) in four places,
 (e) introductory text, (e)(1), (e)(2)
 introductory text, (e)(2)(i),
 (e)(2)(vi)(A), (e)(2)(vi)(B) in four
 places, (e)(2)(vi)(C) in two places,
 (e)(3), (e)(3)(i), (g), (h) in two
 places, (i) in two places, Alternate
 II (a), Alternate III (k) in four
 places, Alternate IV (k) in two
 places.
970.5232-2(c), (e)(2)(i),               ``contractor's''...................  ``Contractor's''
 (e)(2)(iv)(B), (h).
970.5232-3(a) in four places, (b),      ``contractor''.....................  ``Contractor''
 (c), (d) in six places, (e), (f),
 (g), (h)(2) in two places, (i),
 (i)(1) introductory text,
 (i)(1)(iii), (i)(2), (i)(3) the first
 occurrence, (j) in two places,
 Alternate I (b).

[[Page 36380]]

 
970.5232-4(a) in four places, (b)       ``contractor''.....................  ``Contractor
 introductory text in two places,
 (b)(1), (c) in three places, (d)
 introductory text in two places.
970.5232-4(b) introductory text, (c)    ``contractor's''...................  ``Contractor's''
 in five places.
970.5232-5(a), (b) in three places....  ``contractor''.....................  ``Contractor''
970.5232-5(a).........................  ``contractor's''...................  ``Contractor's''
970.5232-6 in eight places where the    ``contractor''.....................  ``Contractor''
 word ``the'' precedes the word
 ``contractor''.
970.5232-6 in two places..............  ``contractor's''...................  ``Contractor's''
970.5232-7 in four places.............  ``contractor''.....................  ``Contractor''
970.5232-8............................  ``contractor's''...................  ``Contractor's''
970.5235-1(a), (b), (c), (d)..........  ``contractor''.....................  ``Contractor''
970.5236-1 in two places..............  ``contractor''.....................  ``Contractor''
970.5242-1(c)(2), (d) introductory      ``contractor''.....................  ``Contractor''
 text, (e)(1), (e)(3) introductory
 text.
970.5242-1(e)(3)(i),..................  ``contractor's''...................  ``Contractor's''
970.5243-1(a) in two places, (b)......  ``contractor''.....................  ``Contractor''
970.5245-1(b) in five places, (c), (d)  ``contractor''.....................  ``Contractor''
 in eight places, (e)(1), (e)(2),
 (f)(1)(i) introductory text,
 (f)(1)(ii) in three places, (f)(2)
 introductory text, (f)(3), (g) in two
 places, (g)(3), (i)(1)(i), (i)(2)(i),
 (i)(2)(ii) in three places where the
 word ``the'' precedes the word
 ``contractor'', (k).
970.5245-1(c), (e)(1), (f)(1)(i)(A),    ``contractor's''...................  ``Contractor's''
 (f)(1)(i)(B), (f)(2) introductory
 text, (g) introductory text,
 (i)(1)(i), (i)(1)(ii)(C),
 (i)(1)(iii), (j) introductory text
 the second use of the word, (j)(1),
 (j)(2), Alternate I (j) the second
 use of the word, (j)(1), (j)(2),
 (j)(3).
----------------------------------------------------------------------------------------------------------------

PARTS 952 AND 970--[AMENDED]

0
342. In the table below, for each section indicated in the left column, 
remove the word indicated in the middle column from where it appears in 
the section, and add the word in the right column:

----------------------------------------------------------------------------------------------------------------
            Section                               Remove                                    Add
----------------------------------------------------------------------------------------------------------------
952.204-71(a)..................  ``contracting officer''................  ``Contracting Officer''
952.204-76(a)(2), (b)(1)         ``contracting officer''................  ``Contracting Officer''
 introductory text, (b)(2)(i),
 (b)(3).
952.208-70(2)..................  ``contracting officer''................  ``Contracting Officer''
952.208-70(2)..................  ``contracting officer's''..............  ``Contracting Officer's''
952.209-72(b)(1)(i),             ``contracting officer''................  ``Contracting Officer''
 (b)(1)(ii), (b)(2)(i)
 introductory text, (c)(1),
 (c)(2), (e) in two places,
 Alternate I (f)(2).
952.217-70(a) introductory       ``contracting officer''................  ``Contracting Officer''
 text, (b).
952.223-72 in three places.....  ``contracting officer''................  ``Contracting Officer''
952.223-76(a)(2), (b)(1)         ``contracting officer''................  ``Contracting Officer''
 introductory text, (b)(2)(i),
 (b)(3).
952.223-77(a)(2), (b)(1)         ``contracting officer''................  ``Contracting Officer''
 introductory text, (b)(2)(i),
 (b)(3).
952.231-71(a) in two places,     ``contracting officer''................  ``Contracting Officer''
 (b) in five places, (c)(1),
 (c)(2), (c)(3) in two places,
 (d) in two places, (g)(2),
 (i), (j)(1), (j)(2), (l)(1).
952.231-71(d)..................  ``contracting officer's''..............  ``Contracting Officer's''
952.233-4(a)...................  ``contracting officer''................  ``Contracting Officer''
952.233-5......................  ``contracting officer''................  ``Contracting Officer''
952.235-70 in four places......  ``contracting officer''................  ``Contracting Officer''
952.235-71(b) introductory text  ``contracting officer''................  ``Contracting Officer''
 in two places, (b)(3) in four
 places, (c) introductory text,
 (d)(5).
952.242-70(b) in two places....  ``contracting officer''................  ``Contracting Officer''
952.251-70(a), (f)(2)..........  ``contracting officer''................  ``Contracting Officer''
970.5203-1(a)(4) in two places.  ``contracting officer''................  ``Contracting Officer''
970.5203-2(c) in two places,     ``contracting officer''................  ``Contracting Officer''
 (d).
970.5203-3(a), (b) in two        ``contracting officer''................  ``Contracting Officer''
 places, (c), (d).
970.5204-2(b) in five places,    ``contracting officer''................  ``Contracting Officer''
 (d).
970.5204-2(b)..................  ``contracting officer's''..............  ``Contracting Officer's''
970.5204-3(a) in two places,     ``contracting officer''................  ``Contracting Officer''
 (b), (d) in two places,
 (g)(1), (g)(2).
970.5215-1(b) in three places,   ``contracting officer''................  ``Contracting Officer''
 (d)(1)(ii), (d)(3)
 introductory text, (e) in four
 places.
970.5215-1(c)(1)...............  ``contracting officer's''..............  ``Contracting Officer's''
970.5215-3 Alternate I (a)(3),   ``contracting officer''................  ``Contracting Officer''
 Alternate I (b)(3) in two
 places.
970.5215-3(b)(3)(v)............  ``contracting officer's''..............  ``Contracting Officer's''
970.5215-4(a), (b) (definition   ``contracting officer''................  ``Contracting Officer''
 of Shared Net Savings,
 paragraph (2)), (d)
 introductory text, (e) in two
 places, (f), (i).
970.5222-2(b), (c) introductory  ``contracting officer''................  ``Contracting Officer''
 text in two places.
970.5223-1(e) in three places,   ``contracting officer''................  ``Contracting Officer''
 (g) in three places where the
 word ``the'' precedes the word
 ``contracting officer''.
970.5223-3(b)..................  ``contracting officer''................  ``Contracting Officer''
970.5223-4(c)(1)...............  ``contracting officer''................  ``Contracting Officer''
970.5228-1(a) in two places,     ``contracting officer''................  ``Contracting Officer''
 (b) in five places, (c)(1),
 (c)(2), (c)(3) in two places,
 (d) in two places, (g)(2),
 (i), (j)(1), (j)(2), (l)(1).
970.5229-1(a) in five places,    ``contracting officer''................  ``Contracting Officer''
 (b) in three places.
970.5231-4 Alternate II (c) in   ``contracting officer''................  ``Contracting Officer''
 two places.
970.5232-1(a)..................  ``contracting officer''................  ``Contracting Officer''

[[Page 36381]]

 
970.5232-2(a) in four places,    ``contracting officer''................  ``Contracting Officer''
 (b) in two places, (c) in
 three places, (e),
 (e)(2)(iv)(B) in two places,
 (f), (g), (h) in two places,
 (i), (j), Alternate II (a) in
 three places, Alternate IV (k).
970.5232-3(c), (d) in two        ``contracting officer''................  ``Contracting Officer''
 places, (e), (i)(1)
 introductory text,
 (i)(1)(viii), (i)(3), (i)(4),
 (j) in three places.
970.5232-4(a), (b)(1)..........  ``contracting officer''................  ``Contracting Officer''
970.5232-7.....................  ``contracting officer''................  ``Contracting Officer''
970.5232-8.....................  ``contracting officer''................  ``Contracting Officer''
970.5236-1 in two places.......  ``contracting officer''................  ``Contracting Officer''
970.5242-1(b) in two places,     ``contracting officer''................  ``Contracting Officer''
 (d) introductory text, (d)(1),
 (d)(2), (e) introductory text.
970.5242-1(c)(2)(i), (e)(3)      ``contracting officer's''..............  ``Contracting Officer's''
 introductory text.
970.5243-1(a) in two places....  ``contracting officer''................  ``Contracting Officer''
970.5245-1(b) in two places,     ``contracting officer''................  ``Contracting Officer''
 (c) in two places, (d) in five
 places, (e)(1), (f)(1)(i)(B),
 (f)(1)(ii), (f)(2)(i),
 (f)(2)(ii), (g)(1), (g)(3),
 (i)(1)(i) in two places,
 (i)(2)(i).
----------------------------------------------------------------------------------------------------------------

[FR Doc. E9-17033 Filed 7-21-09; 8:45 am]
BILLING CODE 6450-01-P