[Federal Register Volume 60, Number 87 (Friday, May 5, 1995)]
[Rules and Regulations]
[Pages 22298-22302]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-11167]
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DEPARTMENT OF ENERGY
48 CFR Parts 926, 952, and 970
RIN 1991-AB11
Acquisition Regulation: Implementation of Section 3021 of the
Energy Policy Act of 1992
AGENCY: Department of Energy (DOE).
ACTION: Final rule.
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SUMMARY: The Department of Energy (DOE) hereby amends the Department of
Energy Acquisition Regulation (DEAR) to carry out Section 3021 of the
Energy Policy Act of 1992 which requires DOE to achieve a 10 percent
goal for awards of prime contracts and subcontracts for specific types
of universities and for small business concerns owned and controlled by
socially and economically disadvantaged individuals and by women.
EFFECTIVE DATE: June 5, 1995.
FOR FURTHER INFORMATION CONTACT: Robert M. Webb, Office of Policy (HR-
51), Office of Procurement and Assistance Management, U.S. Department
of Energy, Washington, DC 20585, (202) 586-8264.
SUPPLEMENTARY INFORMATION:
I. Background
A. Discussion
B. Disposition of Comments
II. Procedural Requirements
A. Regulatory Review
B. Review Under Executive Order 12778
C. Review Under the Regulatory Flexibility Act
D. Review Under the Paperwork Reduction Act
E. Review Under Executive Order 12612
F. National Environmental Policy Act
I. Background
A. Discussion
Section 3021(a) of Energy Policy Act of 1992 (Pub. L. 102-486)
requires that DOE, to the extent practicable, provide that the
obligation of not less than 10 percent of the total combined amounts
obligated for contracts and subcontracts pursuant to competitive
procedures be expended with small business concerns owned and
controlled by socially and economically disadvantaged individuals or by
women; with historically Black colleges and universities; or with
colleges and universities having a student body in which more than 20
percent of the students are Hispanic Americans or Native Americans.
On July 11, 1994, a proposed rule to amend the DEAR to establish
DOE policies and procedures for implementing Section 3021 of the Energy
Policy Act was published at 59 FR 35294.
Seven sets of comments were received. Those comments have been
considered and appropriate changes have been made as described in the
analysis below.
B. Disposition of Comments
One commenter recommended that the proposed rule ``be rescinded and
that these rules be redrawn to incorporate reforms made possible'' by
the enactment of the Federal Acquisition Streamlining Act of 1994, Pub.
L. 103-355. We have made alterations that will be discussed later in
this preamble to the rule to reflect the Streamlining Act's effects.
Generally, we have expanded the provisions of the rule designed to
achieve the goals of Section 3021 by including recognition of small
disadvantaged business set-asides as authorized by the Streamlining
Act, the introduction of a simplified acquisition threshold, and the
deletion of the ``small purchase threshold'' also provided by the
Streamlining Act. Another commenter ``strongly urge[s] implementation''
of these rules. We are proceeding with the implementation of this
section of the Energy Policy Act with the promulgation of this rule.
A commenter states that we have misinterpreted Section 3021 in that
``[t]he term `no less than' does not equate with a goal but, rather,
with a specific amount; a set-aside.'' A second commenter contends that
Section 3021 establishes a goal, but believes that the provisions and
clauses of the proposed rule were not sufficiently clear that the 10
percent is a goal and not ``a quota.'' We disagree with the first
commenter in that the statutory language is ``To the extent
practicable, the head of each agency shall provide that the obligation
of not less than 10 percent * * *'' (emphasis added.) It is clear that
the percentage sets a target that is conditioned on the circumstances
of the competitive procurements. We believe that the promulgation of
this final rule in its present form is the proper implementation of
this statutory provision. We have reviewed each of the provisions of
the solicitation provisions [[Page 22299]] and contract clauses cited
by the second commenter and believe them to be clear that the 10
percent is a goal and requires their best efforts. We expect that there
may be wide variation depending upon the nature of the work and the
contractor involved. Some may have goals of substantially less than 10
percent and others may have goals of substantially more than 10
percent. We have made no changes in this area.
One commenter requests that we alter the definition of ``colleges
and universities having a student body in which more than 20 percent of
the students are Hispanic Americans or Native Americans.'' This
commenter would expand the definition ``to include universities which
have a significant, 20 percent or more, Hispanic community within a
radius of 200 miles.'' (emphasis added) The statute provides no basis
for such a change.
Another commenter suggests that woman-owned businesses should be
included as a separate category because ``it doesn't identify women-
owned small business concerns clearly enough as a target group'' and
``it may lead to inferences that women-owned business concerns must
also be small disadvantaged concerns in order to form part of a target
group.'' Section 3021 describes the relevant class to be ``small
business concerns controlled by socially and economically disadvantaged
individuals or women.'' Woman-owned businesses are separate
beneficiaries of Section 3021 and need not be socially and economically
disadvantaged. We have inserted ``by'' preceding ``women'' in our
implementation to bring a parallel structure and clarify the ambiguous
statutory provision. One commenter requests that 926.7001(d) be
deleted. They object to the order of preference of solicitation methods
for awarding procurements under the Energy Policy Act, stating that the
first preference should be some form of small disadvantaged business
competitive procurements that would allow 8(a) firms to compete with
other small disadvantaged businesses. At the time of the publication of
the proposed rule, there was no authority for set-asides for small
disadvantaged businesses. Section 7102 of the Federal Acquisition
Streamlining Act provides for such set-asides. We have, therefore,
altered that section to provide for that type of solicitation as first
in the order of preference.
Two commenters have requested that we offer a more specific
definition of an ``Energy Policy Act requirement'' than that in the
last sentence of 926.7002. We would like to provide more specific
guidance and have made attempts to; however, funds are not appropriated
specifically for Energy Policy Act requirements. Our attempts during
the drafting of the proposed rule have led us to conclude there are no
more definitive tests worthy of publication. We have provided a list
within DOE to help those who must identify these requirements, but we
have made no change to the rule.
One commenter has noted that our reference to 34 CFR 602.2(a)
needed to be brought up to date to reflect the Department of
Education's deleting it in a rulemaking in April of 1994. In this
regard, they suggest the use of 34 CFR 600.2(a). They are correct that
the former provision has been deleted and that the latter is the
appropriate substitution. Our original use of 34 CFR 602.2(a) was in
error in any event. We have made the appropriate substitutions.
The same commenter suggests that Congress' use of ``Hispanic
Americans'' and ``Native Americans'' indicates an intention that the
students described be citizens of the United States. The description
used would then have to be altered in the contractual provisions and
clauses. The statute does not specifically require these students to be
citizens of the United States and to impose such a regulatory
requirement would unduly burden colleges and universities. We have made
no change.
The same commenter recommends that the certification for
Historically Black Colleges and Universities be deleted from the
provision at 952.226-73(a)(2) and that the rule provide a list of those
colleges and universities that ``would be more useful for both the
Department of Energy and contractor personnel.'' We believe that there
is little to be gained by such a list, since it would, at best, be
merely a copy of the Department of Education list contained at 34 CFR
608.2(b) and would, on the other hand, put the Department of Energy
regulations at the substantial risk of not being in conformance with
the latest list of the Department of Education. We have made no change.
The same commenter suggests that the small disadvantaged business
certification at 952.227-73(a)(3) be deleted as redundant of other
similar certifications already existent. For the purposes of Section
3021, the contracting personnel need only look in one place. The
offeror is not unreasonably burdened. We have made no change.
Finally, we have performed a review of the rule and have made the
following minor changes to clarify the rule and improve its operation.
We have added ``under the Energy Policy Act'' in the first sentence of
926.7001(a) to prevent any misinterpretation of the scope of this rule.
We have added a recognition of set-asides in the description of
competitive procedures at 926.7001(f).
We have corrected the description for use of the Energy Policy Act
utilization clause for all contracts over the simplified acquisition
threshold at 926.7005(b)(1)(ii) and made 926.7005(b)(2) more accurate.
We have altered the phrase explaining the spaces for goals in the
clause at 952.226-72(b) to reflect the basis of the percentages to be
entered. We have made other typographical and minor editorial changes.
II. Procedural Requirements
A. Review Under Executive Order 12866
The Department of Energy has determined that today's regulatory
action is not a ``significant regulatory action'' under Executive Order
12866, ``Regulatory Planning and Review,'' (58 FR 51735, October 4,
1993). Accordingly, this action was not subject to review under that
Executive Order by the Office of Information and Regulatory Affairs of
the Office of Management and Budget (OMB).
B. Review Under Executive Order 12778
Section 2 of Executive Order 12778 instructs each agency to adhere
to certain requirements in promulgating new regulations and reviewing
existing regulations. These requirements, set forth in sections 2(a)
and (b)(2), include eliminating drafting errors and needless ambiguity,
drafting the regulations to minimize litigation, providing clear and
certain legal standards for affected conduct, and promoting
simplification and burden reduction. Agencies are also instructed to
make every reasonable effort to ensure that the regulation specifies
clearly any preemptive effect, effect on existing Federal law or
regulation, and retroactive effect; describes any administrative
proceedings to be available prior to judicial review and any provisions
for the exhaustion of such administrative proceedings; and defines key
terms. This final rule will have no preemptive effect; will not have
any effect on existing Federal laws; and will only clarify the existing
regulations on this subject. The revised clauses apply only to
contracts which would be awarded after the effective date of the final
rule and, thus, have no retroactive effect. Therefore, DOE certifies
that this final rule meets the requirements of Sections 2(a) and (b)(2)
of Executive Order 12778. [[Page 22300]]
C. Review Under the Regulatory Flexibility Act
This final rule was reviewed under the Regulatory Flexibility Act
of 1980, Pub. L. 96-354, that requires preparation of a regulatory
flexibility analysis for any rule which is likely to have significant
economic impact on a substantial number of small entities. DOE
certifies that this rule will not have a significant economic impact on
a substantial number of small entities and, therefore, no regulatory
flexibility analysis has been prepared.
D. Review Under the Paperwork Reduction Act
This rule will require only an insignificant addition to the data
collection required for the Standard Forms 294 and 295. Accordingly, no
OMB clearance is required by the Paperwork Reduction Act of 1980 (44
U.S.C. 3501, et seq.).
E. Review Under Executive Order 12612
Executive Order 12612, 52 FR 41685 (October 30, 1987), requires
that regulations, rules, legislation, and any other policy actions be
reviewed for any substantial direct effects on States, on the
relationship between the Federal Government and the States, and in the
distribution of power and responsibilities among various levels of
government. If there are sufficient substantial direct effects, then
the Executive Order requires preparation of a federalism assessment to
be used in all decisions involved in promulgating and implementing a
policy action.
Today's final rule will revise certain policy and procedural
requirements. However, DOE has determined that none of the revisions
will have a substantial direct effect on the institutional interests or
traditional functions of States.
F. Review Under the National Environmental Policy Act
DOE has concluded that this rule falls into a class of actions that
are categorically excluded from the National Environmental Policy Act
of 1969 (42 U.S.C. 4321, 4331-4335, 4341-4347 (1976)) under 10 CFR Part
1021, Appendix A to Subpart D as rulemakings that are strictly
procedural, such as rulemakings establishing contracting practices
(Exclusion A6). Therefore, this rule does not require an environmental
impact statement or an environmental assessment pursuant to NEPA.
List of Subjects in 48 CFR Parts 926, 952, and 970
Government procurement.
Issued in Washington, DC, on April 28, 1995.
Richard H. Hopf,
Deputy Assistant Secretary for Procurement and Assistance Management.
For the reasons set forth in the Preamble, 48 CFR Chapter 9 is
amended as set forth below:
1. A new Part 926, Other Socioeconomic Programs, consisting of
Subpart 926.70, Implementation of Section 3021 of the Energy Policy Act
of 1992, is added to read as set forth below:
PART 926--OTHER SOCIOECONOMIC PROGRAMS
Subpart 926.70--Implementation of Section 3021 of the Energy Policy Act
of 1992
Secs.
926.7001 Policy.
926.7002 Responsibilities.
926.7003 Review of the procurement request.
926.7004 Size standard for Energy Policy Act procurements.
926.7005 Preferences under the Energy Policy Act.
926.7006 Goal measurement and reporting requirements.
926.7007 Solicitation provisions and contract clauses.
Authority: 42 U.S.C. 7254; 40 U.S.C. 486(c).
Subpart 926.70--Implementation of Section 3021 of the Energy Policy
Act of 1992
926.7001 Policy.
(a) Section 3021(a) of the Energy Policy Act of 1992 (Pub. L. 102-
486) specifies that the Department of Energy shall, to the extent
practicable, provide that not less than 10 percent of the total
combined amounts obligated for competitively awarded contracts and
subcontracts under the Energy Policy Act be expended with--
(1) Small business concerns controlled by socially and economically
disadvantaged individuals or by women;
(2) Historically Black colleges and universities; or
(3) Colleges and universities having a student body in which more
than 20 percent of the students are Hispanic Americans or Native
Americans.
(b) These three groups are collectively referred to in this section
as ``Energy Policy Act target groups.''
(c) Awards of Energy Policy Act procurements should be in the
following descending order of preference:
(1) Competitive awards pursuant to a set-aside for small
disadvantaged business;
(2) Competitive awards to small businesses owned and controlled by
socially and economically disadvantaged individuals and by women for
Energy Policy Act requirements under the Small Business
Administration's section 8(a) program; and
(3) Competitive awards that provide an evaluation preference in
accordance with 926.7006 to offerors from the Energy Policy Act target
groups.
(d) The DOE implementation of Section 3021 requirements with regard
to the award of subcontracts under Energy Policy Act procurements is
discussed at 926.7006.
(e) Competitive procedures, for purposes of Energy Policy Act
implementation, consist of awards under set-asides to small
disadvantaged business and firms certified as 8(a) Small Business
Administration and competitive procedures in accordance with (FAR) 48
CFR 15.6 and (DEAR) 48 CFR 915.6.
926.7002 Responsibilities.
Offices initiating procurement requests have primary responsibility
to identify potential contract requirements falling within the scope of
section 3021 of the Energy Policy Act. Identification shall occur at
the earliest possible point in time in the acquisition cycle, but not
later than the submission of the procurement request to the contracting
officer. For purposes of Section 3021, a contract requirement is any
award that directly satisfies an Energy Policy Act program or
requirement.
926.7003 Review of the procurement request.
Any Energy Policy Act procurement, including basic research
contracts with educational institutions, shall be reviewed in
accordance with the Small Business/Labor Surplus Area Set-Aside and
8(a) Program Review Procedures in order to ensure that full
consideration is given to the potential for making Energy Policy Act
awards.
926.7004 Size standard for Energy Policy Act procurements.
The size standard for Energy Policy Act engineering services
procurements (SIC 8711) shall be the size standard specified for
military and aerospace equipment and military weapons.
926.7005 Preferences under the Energy Policy Act.
(a) Prime contracts. Solicitations for all competitive Energy
Policy Act procurements not for 8(a) firms and in excess of the
simplified acquisition threshold shall provide for an evaluation
preference for offers received [[Page 22301]] from entities from among
the Energy Policy Act target groups. The evaluation criteria shall
provide that in instances in which two or more proposals being
considered for final selection are ranked as essentially equal after
consideration of all technical and cost evaluation factors, and if one
of these proposals is from an offeror from among an Energy Policy Act
target group that offeror will be selected for award.
(b) Subcontracts. (1) The contracting officer shall assure that all
competitive Energy Policy Act solicitations over the simplified
acquisition threshold contain:
(i) A solicitation provision providing for consideration of the
extent to which the offerors have provided for subcontracting
opportunities to entities from among the Energy Policy Act target
groups; and
(ii) A clause providing for the maximum utilization of entities
from among Energy Policy Act target groups in the performance of Energy
Policy Act contracts.
(2) In addition, the contracting officer shall assure that all
competitive Energy Policy Act procurements expected to exceed $500,000
($1,000,000 for construction) include a clause for reporting after
award as part of the Small Business and Small Disadvantaged Business
Subcontracting Plan process.
926.7006 Goal measurement and reporting requirements.
(a) General. The following types of contract awards for Energy
Policy Act procurements shall be counted toward achievement by DOE of
the 10 percent goal:
(1) Any award set-aside for small disadvantaged business;
(2) Any competitive section 8(a) award;
(3) Any competitive award to one of the three target groups under
an unrestricted procurement;
(4) Any award to one of the three target groups conducted under
simplified acquisition procedures in excess of the micro-purchase
threshold; and,
(5) Any competitively awarded subcontract to one of the three
target groups under a prime award.
(b) Prime contract awards. Award values and dollars obligated under
prime contracts and modifications to prime contracts for Energy Policy
Act requirements shall be reported through the Department of Energy
Procurement and Assistance Data System.
(c) Subcontract awards. The contractor shall be required to report,
on an annual Federal Government fiscal year basis, its progress against
Section 3021 goals by providing the actual dollar value of subcontract
payments and the relationship of those payments to the incurred
contract cost. If the contract includes reporting requirements under
(FAR) 48 CFR 52.219-9, Small Business and Small Disadvantaged Business
Subcontracting Plan, the contractor's progress against the Section 3021
goals shall be included as an addendum to Standard Form (SF) 294,
Subcontracting Report for Individual Contracts, and/or SF 295, Summary
Subcontract Report, as applicable, for the period that corresponds to
the end of the Federal Government fiscal year.
926.7007 Solicitation provisions and contract clauses.
(a) The contracting officer shall insert the provision at 952.226-
70, Subcontracting Goals under Section 3021(a) of the Energy Policy Act
of 1992 (Pub. L. 102-486) (Energy Policy Act), in solicitations for
Energy Policy Act procurements.
(b) The contracting officer shall insert the clause at 952.226-71,
Utilization of Energy Policy Act Target Entities, in contracts for the
Energy Policy Act requirements with an award value in excess of the
simplified acquisition threshold.
(c) The contracting officer shall insert the clause at 952.226-72,
Energy Policy Act Subcontracting Goals and Reporting Requirements, in
contracts for Energy Policy Act requirements with an award value in
excess of $500,000 ($1,000,000 in the case of construction).
(d) The contracting officer shall insert the provision at 952.226-
73, Energy Policy Act Target Group Certification, in solicitations for
Energy Policy Act procurements.
(e) The contracting officer shall insert the clause at (FAR) 48 CFR
52.219-14, Limitation on Subcontracting, in contracts for Energy Policy
Act requirements with an entity from among the Energy Policy Act target
groups.
PART 952--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
2. The authority citation for Part 952 continues to read as
follows:
Authority: 42 U.S.C. 7254; 40 U.S.C. 486(c).
3. Subpart 952.2 is amended by adding sections 952.226-70, 952.226-
71, 952.226-72, and 952.226-73 to read as follows:
952.226-70 Subcontracting goals under section 3021(a) of the Energy
Policy Act of 1992.
As prescribed in 926.7007(a), insert the following provision:
Subcontracting Goals Under Section 3021(a) of the Energy Policy Act of
1992 (Pub. L. 102-486) (May 1995)
(a) Definition.--Energy Policy Act target groups, as used in
this provision means:
(1) An institution of higher education that meets the criteria
of 34 CFR 600.4(a) and has a student enrollment that consists of at
least 20 percent:
(i) Hispanic Americans, i.e., students whose origins are in
Mexico, Puerto Rico, Cuba, or Central or South America, or any
combination thereof, or
(ii) Native Americans, i.e., American Indians, Eskimos, Aleuts,
and Native Hawaiians, or any combination thereof;
(2) Institutions of higher learning determined by the Secretary
of Education to be Historically Black Colleges and Universities
pursuant to 34 CFR 608.2; and
(3) Small business concerns, as defined under section 3 of the
Small Business Act (15 U.S.C. 632), that are owned and controlled by
individuals who are both socially and economically disadvantaged
within the meaning of section 8(d) of the Small Business Act (15
U.S.C. 637(d)) or by a woman or women.
(b) Section 3021 of the Energy Policy Act (Pub. L. 102-486)
establishes a goal of award of 10 percent of the contract dollar
value for prime and subcontract Energy Policy Act awards to Energy
Policy Act target groups.
(c) The offeror, if other than one of the three groups specified
in paragraph (a) of this clause, shall submit, as part of its
business management proposal or, if this solicitation requires the
submission of a Small Business and Small Disadvantaged Business
Subcontracting Plan, then as part of that plan, unless otherwise
stated in the proposal preparation instructions, individual
subcontracting goals for each of the three Energy Policy Act target
groups. Individual goals shall be expressed in terms of a percentage
of the offeror's proposed contract dollar value. In addition, the
offeror shall provide a description of the nature of the effort to
be performed by each of the three groups, and, if possible, the
identity of the contemplated subcontractor(s).
(d) Unless otherwise stated, such goals shall be considered in
the evaluation of the Business Management Proposal as discussed in
Section M of this solicitation or, if applicable, as part of the
evaluation of the Small Business and Small Disadvantaged Business
Subcontracting Plan.
(End of provision)
952.226-71 Utilization of Energy Policy Act target entities.
As prescribed in 926.7007(b), insert the following clause:
Utilization of Energy Policy Act Target Entities (May 1995)
(a) Definition.--Energy Policy Act target groups, as used in
this provision means:
(1) An institution of higher education that meets the
requirements of 34 CFR 600.4(a) [[Page 22302]] and has a student
enrollment that consists of at least 20 percent:
(i) Hispanic Americans, i.e., students whose origins are in
Mexico, Puerto Rico, Cuba, or Central or South America, or any
combination thereof, or
(ii) Native Americans, i.e., American Indians, Eskimos, Aleuts,
and Native Hawaiians, or any combination thereof;
(2) Institutions of higher learning determined to be
Historically Black Colleges and Universities by the Secretary of
Education pursuant to 34 CFR 608.2; and
(3) Small business concerns, as defined under section 3 of the
Small Business Act (15 U.S.C. 632), that are owned and controlled by
individuals who are both socially and economically disadvantaged
within the meaning of section 8(d) of the Small Business Act (15
U.S.C. 637(d)) or by a woman or women.
(b) Obligation. In addition to its obligations under the clause
of this contract entitled Utilization of Small Business Concerns and
Small Disadvantaged Business Concerns, the contractor, in
performance of this contract, agrees to provide its best efforts to
competitively award subcontracts to entities from among the Energy
Policy Act target groups.
(End of clause)
952.226-72 Energy Policy Act subcontracting goals and reporting
requirements.
As prescribed in 926.7007(c), insert the following clause:
Energy Policy Act Subcontracting Goals and Reporting Requirements (May
1995)
(a) Definition.--Energy Policy Act target groups, as used in
this provision means:
(1) An institution of higher education that meets the
requirements of 34 CFR 600.4(a), and has a student enrollment that
consists of at least 20 percent:
(i) Hispanic Americans, i.e., students whose origins are in
Mexico, Puerto Rico, Cuba, or Central or South America, or any
combination thereof, or
(ii) Native Americans, i.e., American Indians, Eskimos, Aleuts,
and Native Hawaiians, or any combination thereof;
(2) Institutions of higher learning determined to be
Historically Black Colleges and Universities by the Secretary of
Education pursuant to 34 CFR 608.2; and
(3) Small business concerns, as defined under section 3 of the
Small Business Act (15 U.S.C. 632), that are owned and controlled by
individuals who are both socially and economically disadvantaged
within the meaning of section 8(d) of the Small Business Act (15
U.S.C. 637(d)) or by a woman or women.
(b) Goals. The contractor, in performance of this contract,
agrees to provide its best efforts to award subcontracts to the
following classes of entities:
(1) Small business concerns controlled by socially and
economically disadvantaged individuals or by women: * * * percent;
(2) Historically Black colleges and universities: * * * percent;
(3) Colleges or universities having a student body in which more
than 20 percent of the students are Hispanic Americans or Native
Americans: * * * percent.
[* * * These goals are stated in a percentage reflecting the
relationship of estimated award value of subcontracts to the value
of this contract and appear elsewhere in this contract.]
(c) Reporting requirements. (1) The contractor agrees to report,
on an annual Federal Government fiscal year basis, its progress
against the goals by providing the actual annual dollar value of
subcontract payments for the preceding 12-month period, and the
relationship of those payments to the incurred contract costs for
the same period. Reports submitted pursuant to this clause must be
received by the contracting officer (or designee) not later than 45
days after the end of the reporting period.
(2) If the contract includes reporting requirements under FAR
52.219-9, Small Business and Small Disadvantaged Business
Subcontracting Plan, the contractor's progress against the goals
stated in paragraph (b) of this clause shall be included as an
addendum to Standard Form (SF) 294, Subcontracting Report for
Individual Contracts, and/or SF 295, Summary Subcontract Report, as
applicable, for the period that corresponds to the end of the
Federal Government fiscal year.
(End of clause)
952.226-73 Energy Policy Act target group certification.
As prescribed in 926.7007(d), insert the following provision:
Energy Policy Act Target Group Certification (May 1995)
(a) Certification. The offeror certifies that it is:
(1) ____An institution of higher education that meets the
requirements of 34 CFR 600.4(a), and has a student enrollment that
consists of at least 20 percent:
(i) Hispanic Americans, i.e., students whose origins are in
Mexico, Puerto Rico, Cuba, or Central or South America, or any
combination thereof, or
(ii) Native Americans, i.e., American Indians, Eskimos, Aleuts,
and Native Hawaiians, or any combination thereof;
(2) ____An institution of higher learning determined to be a
Historically Black College and University by the Secretary of
Education pursuant to 34 CFR 608.2; or
(3) ____A small business concern, as defined under section 3 of
the Small Business Act (15 U.S.C. 632), that is owned and controlled
by individuals who are both socially and economically disadvantaged
within the meaning of section 8(d) of the Small Business Act (15
U.S.C. 637(d)) or by a woman or women.
(b) By submission of an offer, the offeror agrees to provide to
the Contracting Officer, upon request, evidence satisfactory to the
contracting officer that the offeror is an entity from the Energy
Policy Act target group identified.
(End of provision)
PART 970--DOE MANAGEMENT AND OPERATING CONTRACTS [AMENDED]
4. The authority citation for Part 970 continues to read as
follows:
Authority: Sec. 161 of the Atomic Energy Act of 1954 (42 U.S.C.
2201), sec. 644 of the Department of Energy Organization Act, Public
Law 95-91 (42 U.S.C. 7254), sec. 201 of the Federal Civilian
Employee and Contractor Travel Expenses Act of 1985 (41 U.S.C. 420),
and sec. 1534 of the Department of Defense Authorization Act, 1986,
Public Law 99-145 (42 U.S.C. 7256a), as amended.
5. Part 970 is amended to add a new subpart 970.26, Other
Socioeconomic Programs, consisting of Section 970.2601, Implementation
of Section 3021 of the Energy Policy Act of 1992, to read as follows:
Subpart 970.26--Other Socioeconomic Programs
970.2601 Implementation of Section 3021 of the Energy Policy Act of
1992.
The goal requirements of Section 3021 of the Energy Policy Act of
1992, and the attendant reporting requirements shall be included in the
subcontracting plan for the management and operating contract and shall
apply to the annual dollar obligations specifically provided to the
Management and Operating contractor for competitively awarded
subcontracts that fulfill Energy Policy Act requirements. See 970.7104-
12(f).
Subpart 970.71--Management and Operating Contractor Purchasing
6. Section 970.7104-12 is amended by redesignating paragraph (f) as
(g) and adding a new paragraph (f) as follows:
970.7104-12 Small business and small disadvantaged business concerns.
* * * * *
(f) Management and operating contractors may provide in their
purchasing systems and methods for the application of preferences to
Energy Policy Act target groups, taking into consideration the
provisions of 926.70, Implementation of Section 3021 of the Energy
Policy Act of 1992.
* * * * *
[FR Doc. 95-11167 Filed 5-4-95; 8:45 am]
BILLING CODE 6450-01-P
