[Federal Register Volume 59, Number 28 (Thursday, February 10, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-3095]
[[Page Unknown]]
[Federal Register: February 10, 1994]
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DEPARTMENT OF ENERGY
48 CFR Parts 904, 925, 952, and 970
RIN 1991-AB06
Acquisition Regulation; Restrictions on Awards to Foreign
Controlled Contractors
AGENCY: Department of Energy (DOE).
ACTION: Final rule.
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SUMMARY: The Department today publishes this notice to provide its
disposition of public comments received in response to its invitation
to comment on an interim final rule published in the Federal Register
on November 10, 1993. The purpose of the interim final rule was to
amend the Department of Energy Acquisition Regulation (DEAR) to
implement section 836 of the Fiscal Year 1993, Defense Authorization
Act. That section prohibits award of a contract under a national
security program to a company owned by an entity controlled by a
foreign government if that company requires access to a proscribed
category of information to perform the contract. The interim final rule
provided that it would automatically become effective on January 10,
1994.
FOR FURTHER INFORMATION CONTACT:
Richard B. Langston, Office of Procurement and Assistance Management
(HR-521.1), Department of Energy, 1000 Independence Avenue, SW.,
Washington, DC 20585, (202) 586-8247.
SUPPLEMENTARY INFORMATION: DOE published an interim final rule in the
Federal Register (58 FR 59682) on November 10, 1993, that amended the
DEAR to implement section 836 of the Fiscal Year 1993, Defense
Authorization Act. That section prohibits award of a contract under a
national security program to a company owned by an entity controlled by
a foreign government if that company requires access to a proscribed
category of information to perform the contract.
The interim final rule amended the DEAR by adding a new subpart
904.71 to describe a prohibition on contracting with any company owned
by an entity controlled by a foreign government if the company will
require access to proscribed information to perform the contract. This
subpart contained definitions and described grounds under which the
prohibition may be waived by the Secretary of Energy. A new subpart
925.7 was added to provide notice of this prohibition. Part 952 was
amended to provide a solicitation provision to be used in solicitations
that require access to proscribed information by the contractor. Part
970 was also amended to apply these changes to management and operating
contracts if they require access to proscribed information.
Since no public comments were received, DOE has determined not to
amend the interim final rule and it became effective on January 10,
1994.
List of Subjects in 48 CFR Parts 904, 925, 952, and 970
Government procurement.
Issued in Washington, DC, on February 4, 1994.
G.L. Allen,
Acting Deputy Assistant Secretary for Procurement and Assistance
Management.
[FR Doc. 94-3095 Filed 2-9-94; 8:45 am]
BILLING CODE 6450-01-M
