[Federal Register Volume 59, Number 38 (Friday, February 25, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-3385]
[[Page Unknown]]
[Federal Register: February 25, 1994]
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DEPARTMENT OF ENERGY
48 CFR Chapter 9
[RIN 1991-AB01]
Acquisition Regulation; Technical Amendments
AGENCY: Department of Energy (DOE).
ACTION: Final rule; technical amendments.
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SUMMARY: The Department is amending the Department of Energy
Acquisition Regulation (DEAR) to perform ``housekeeping'' duties such
as updating references, correcting spelling and editorial errors, and
clarifying certain language. This rule falls under the exceptions to
the usual proposed rulemaking and public procedure requirements. These
corrections and changes are all technical and administrative in nature,
and none of them raises substantive issues. For this reason, the
Department is not requesting public comments.
Any comments may be addressed to the individual identified below.
EFFECTIVE DATE: This rule will be effective April 26, 1994.
FOR FURTHER INFORMATION CONTACT: Richard 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:
I. Explanation of Selected Revisions
II. Procedural Requirements
A. Regulatory Review
B. Review Under the Regulatory Flexibility Act
C. Review Under the Paperwork Reduction Act
D. Review Under Executive Order 12612
E. National Environmental Policy Act
F. Review Under Executive Order 12778
I. Explanation of Selected Revisions
None of the revisions in this rule are substantive but the reader
may benefit from an explanation of some of the revisions. Readers are
reminded that this regulation implements and supplements the Federal
Acquisition Regulation (FAR), which is the regulation primarily
applicable to the acquisition activities of all Federal agencies. Some
revisions being made here are for the purpose of ensuring that our
regulation conforms to FAR requirements.
A new 901.170, Organizational references, is added. It explains our
practice of using second level organizational names along with the
phrase ``within the Headquarters procurement organization'' when
referring to various Headquarters procurement offices. It is hoped that
this will minimize the obsolescence of the text as the organization
continues to change.
At 908.802, in paragraph (b), a new final sentence has been added
to explain Government printing regulations. The text is not new to the
regulation; it was previously located in the introductory text of
952.208-70.
At 916.207-3(d), we have added ``(but no lower than the chief of
the contracting office)'' after the word ``designee''. This will bring
this section into conformance with FAR 16.207-3(d) which requires
approval by the chief of the procurement office.
At 919.501, in paragraph (c), we have revised ``$10,000'' to read
``the small purchase limitation'' to recognize that the Federal small
purchase limitation was increased to $25,000 and may be revised upward
again.
At 937.205, we have deleted paragraph (b)(7) based on the
observation that it duplicates FAR 37.206(c) and we have redesignated
the remaining part as 937.207.
At 970.5204-30, we have deleted the clause entitled ``Notice of
labor disputes''. It is duplicative of FAR 52.222-1, which will be used
in its place.
At 970.5204-34, we have inserted the full text of a clause entitled
``Sensitive Foreign Nations Controls''. The clause is not new as the
clause is also located at 952.204. This is being done for the
convenience of the readers.
At 970.5204-41, we have included the full text of a clause entitled
``Preservation of Individual Occupational Radiation Exposure Records.''
This is not a new requirement, as the clause is also contained at
952.223-75. This is being done for the convenience of our readers.
At 970.5204-50, we have included the full text of a clause entitled
``Cost and Schedule Control Systems.'' This is not a new requirement,
as the clause is also contained at 952.212-73. This is being done for
the convenience of our readers.
At 970.5204-52, we have included the full text of a clause entitled
``Foreign Travel.'' This is not a new requirement as the clause is also
contained at 952.247-70. This is being done for the convenience of our
readers.
II. Procedural Requirements
A. Regulatory Review
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, today's action was not subject to review, under the
Executive Order, by the Office of Information and Regulatory Affairs.
B. Review Under the Regulatory Flexibility Act
This rule was reviewed under the Regulatory Flexibility Act of
1980, Public Law 96-354, which requires preparation of a regulatory
flexibility analysis for any rule that is likely to have a significant
economic impact on a substantial number of small entities. This rule
will have no impact on interest rates, tax policies or liabilities, the
cost of goods or services, or other direct economic factors. It will
also not have any indirect economic consequences such as changed
construction rates. 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.
C. Review Under the Paperwork Reduction Act
No new information collection or recordkeeping requirements are
imposed by this rule. Accordingly, no OMB clearance is required under
the Paperwork Reduction Act of 1980 (44 U.S.C. 3501, et seq.).
D. Review Under Executive Order 12612
Executive Order 12612, entitled ``Federalism,'' 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, or 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. This rule will apply to
states that contract with DOE; however, none of the revisions is
substantive in nature.
E. National Environmental Policy Act
DOE has concluded that this rule would not represent a major
Federal action having significant impact on the human environment under
the National Environmental Policy Act (NEPA) of 1969 (42 U.S.C. 4321,
et seq.) (1976) or the Council on Environmental Quality Regulations (40
CFR parts 1500-1508) and, therefore, does not require an environmental
impact statement or an environmental assessment pursuant to NEPA.
F. 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), 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, any effect on existing Federal law or
regulation, and any 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. DOE certifies that today's rule meets the requirements of
sections 2 (a) and (b) of Executive Order 12778.
List of Subjects in 48 CFR Chapter 9
Government procurement.
Issued in Washington, DC, on February 4, 1994.
G. L. Allen,
Acting Deputy Assistant Secretary for Procurement and Assistance
Management.
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. The
authority citation for chapter 9 continues to read as follows:
Authority: 42 U.S.C. 7254; 40 U.S.C. 486(c).
PART 901--FEDERAL ACQUISITION REGULATIONS SYSTEM
901.103-70 [Amended]
1. At paragraph (a) of 901.103-70, remove ``FAR 4.402'' and insert
in its place ``904.4''.
901.104-1 [Amended]
2. At paragraph (a)(2) of 901.104-1, revise ``of'' to read ``in''
after ``form''.
3. Section 901.170 is added as follows:
901.170 Organizational references.
Wherever an office within the DOE Headquarters procurement
organization is identified in the DEAR (48 CFR chapter 9) only the
title of the subordinate organization is used, along with the phrase
``within the Headquarters procurement organization''; for example,
``the Office of Policy, within the Headquarters procurement
organization''.
901.201-1 [Amended]
4. At 901.201-1, in paragraph (b), remove ``Policy Office,
Procurement and Assistance Management Directorate, Headquarters'' and
insert ``Office of Policy, within the Headquarters procurement
organization,'' and in paragraph (d), remove ``Policy Office'' and
insert ``Office of Policy, within the Headquarters procurement
organization,''.
901.301 [Amended]
5. At 901.301, at paragraph (b) introductory text, remove ``the''
before ``Contracting''.
901.57 [Amended]
6. At 901.570, in paragraph (b), remove ``Policy Office,
Procurement and Assistance Management Directorate, Headquarters'' and
insert ``Office of Policy, within the Headquarters procurement
organization,''.
901.601-1 [Amended]
7. At 901.601, remove ``the'' preceding ``Contracting'' in the
third sentence.
901.602-3 [Amended]
8. At 901.602-3, at paragraph (b)(3), revise ``Heads'' to ``Head,''
add ``the'' between the words ``of'' and ``Contracting'', and revise
``Activities'' to ``Activity''; at paragraph (c)(7) insert ``any''
before ``unauthorized'' and revise ``commitments'' to ``commitment'';
at paragraph (c)(7)(ii), correct the spelling of the word ``furnished''
in the first sentence; at paragraph (c)(7)(iv) remove ``Business
Clearance Division, MA-441, Headquarters'' and insert ``Office of
Clearance and Support, within the Headquarters procurement
organization''.
901.603-1 [Amended]
9. At 901.603-1, add the words ``(See current version.)'' after
``4200.4''.
901.603-71 [Amended]
10. In the second sentence of paragraph (a) of 901.603-71, revise
``contracting activity'' to read ``contracting personnel''.
901.603-72 [Amended]
11. At 901.603-72, in paragraph (a), in the second sentence, revise
``as to'' to read ``regarding the'' and revise ``hot'' to read ``not''.
PART 902--DEFINITIONS OF WORDS AND TERMS
12. At 902.101, add the words ``, or supplement,'' after the words
``in addition to'' in the introductory sentence and revise the
definition of Acquisition Executive, to read as follows:
902.101 Definitions.
* * * * *
Acquisition Executive, as that term is used in OMB Circular A-109,
means the Secretary or individuals designated by the Secretary to make
key decisions on major systems acquisitions. The Acquisition Executive,
as contrasted to the Procurement Executive, is involved in approving
and monitoring the development of major systems acquisitions and the
review of their progress as they evolve through the major system
acquisition process. Details regarding internal major systems
acquisition procedures may be found in the DOE directives.
* * * * *
At 902.101, at the definition of Procurement Executive, remove
``Procurement and Assistance Management Directorate'' and insert ``of
the Headquarters procurement organization''; and, at the definition of
Senior Program Official, delete the parenthetical expression at the end
of the definition.
PART 903--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF
INTEREST
903.203 [Amended]
13. At 903.203, in paragraph (a), remove the words ``and if the
allegations appear to support a violation'' and insert ``, and, if the
report appears to substantiate the allegations,''.
903.303 [Amended]
14. At 903.303, in the final sentence of paragraph (a), insert a
comma following the second occurrence of the word ``General''.
903.603 [Amended]
15. At 903.603, in paragraph (a), remove the word ``shall'' and
insert in its place the words ``, in accordance with FAR 48 CFR 3.602,
may''.
PART 904--ADMINISTRATIVE MATTERS
904.401 [Amended]
16. At 904.401, remove the roman numeral ``II'' and insert an
arabic numeral ``11'' at the definition of Restricted Data.
904.403 [Amended]
17. At 904.403(a), add the words ``(See current version.)'' after
``5631.2'' in (a) and ``5632.2'' in (c).
904.601 [Amended]
18. At 904.601, in paragraph (c), remove the words ``Office of
Management Review and Assistance, Headquarters'' and insert ``Office of
Management Review and Analysis, within the Headquarters procurement
organization''.
904.601-70 [Amended]
19. At 904.601-70, in paragraph (b) introductory test, revise
``(latest version)'' to ``(See current version.)'' following
``1331.1'', and remove the words ``Requirements and Procedures for
the''; and, remove paragraph (b)(4).
20. At 904.601-71, in paragraph (a), remove the acronym ``(URS)'';
at paragraph (b) remove the first sentence and insert in its place the
following: ``Instructions for use of the uniform reporting system may
be found in DOE Order 1332.1 (See current version.).''; and in
paragraph (b), remove the acronym ``URS'' and insert in its place
``uniform reporting system'' where it appears three times.
21. At 904.702, in paragraph (b), remove ``, and any pertinent
superseding provisions'' and insert ``(See current version.)''.
22. At 904.805, add ``(See current version.)'' after 1324.2.
23. At subpart 904.70, remove the terms ``offeror/bidder'' and
``offerors/bidders'' and insert in their place the term ``offeror(s)''
where the terms appear at 904.7000 (twice); 904.7001; 904.7002;
definition of Foreign ownership, control, or influence; 970.7003(c);
and at 904.7004 (six times).
24. At 904.7000, at the end of the final sentence, remove the words
``FOCI over the offeror/bidder or contractor/subcontractor'' and insert
the words ``the foreign influence''.
25. At 904.7002, place the definition of Contracting officer so it
appears first in the alphabetic list of definitions and revise
``Officer'' to read ``officer''.
PART 905--PUBLICIZING CONTRACT ACTIONS
26. At 905.403(a), revise ``Office of Congressional and
Intergovernmental Affairs'' to read ``Office of Congressional,
Intergovernmental and International Affairs''.
27. At 905.403-70 introductory text, remove the word
``Headquarters'' and revise ``Office of Congressional and
Intergovernmental Affairs'' to read ``Office of Congressional,
Intergovernmental and International Affairs'' where it appears three
times.
28. At 905.404-1, revise ``Office of Procurement Support,
Procurement and Assistance Management Directorate, Headquarters'' to
read ``Office of Clearance and Support, within the Headquarters
procurement organization''.
PART 906--COMPETITION REQUIREMENTS
29. At 906.303-1, in paragraph (a), insert a comma after the phrase
``For small purchases'' at the beginning of the final sentence.
PART 907--ACQUISITION PLANNING
30. At 907.102, revise the number ``5700'' to read ``4700''.
31. At 907.401, in paragraph (f), revise ``it it'' to read ``it
is'' in the second sentence and correct the spelling of the word
``circumstances'' in the final sentence.
32. At 907.402-70, revise ``controller and finance divisions'' to
read ``Headquarters and field Chief Financial Officers'' in the
introductory text of paragraph (b); at paragraph (b)(3) revise
``Controller and Finance Divisions'' to read ``Headquarters and field
Chief Financial Officers''; correct the spelling of the word
``Transfer'' at paragraph (c)(1)(iv); and correct the spelling of the
word ``penalties'' at the next to the last sentence of paragraph
(c)(4).
PART 908--REQUIRED SOURCES OF SUPPLIES AND SERVICES
33. At 908.307, in paragraph (b), remove ``Business Clearance
Division'' and insert ``Office of Clearance and Support, within the
Headquarters procurement organization'' and remove the word ``usually''
from the final sentence of the undesignated paragraph following
paragraph (b).
34. At 908.802, in paragraph (b), in the second sentence revise
``1340.1A'' to ``1340.1'' and add ``(See current version.)'' after
``1340.1'', and add a new final sentence to read ``When appropriate,
contracting officers shall furnish the necessary forms and instructions
to contractors as described in the current version of DOE Order
1340.1.''
35. At 908.1170, in paragraph (a), insert ``the'' before ``Heads''
and in paragraphs (a) and (b), revise ``Property and Equipment
Management Division, Office of Policy, Procurement and Assistance
Management Directorate, Headquarters'' to read ``Office of Property
Management, within the Headquarters procurement organization''.
36. At 908.7101, revise ``Property and Equipment Management
Division, Office of Policy, Procurement and Assistance Management
Directorate, Headquarters'' to read ``Office of Property Management,
within the Headquarters procurement organization'' where it appears at
908.7101-3, 908.7101-6(a), and 908.7101-7(b); and insert ``the'' before
``Heads'' at 908.7101-2(c), 908.7101-4(b), 908.7101-5, and 908.7101-
6(a).
37. At 908.7101-7(b), revise ``is'' to read ``are'' in the second
sentence.
38. At 908.7107(i), revise ``101-43.4'' to read ``101-48.1''.
39. At 908.7108, in paragraph (b), revise ``helium act'' to read
``Helium Act''.
40. At 908.7112, add ``The'' before ``Heads'' at the second
sentence.
41. At 908.7115, in paragraph (a), revise ``1322.2A'' to read
``1322.2'', remove the words ``Forms Management.'' and insert ``(See
current version.).''.
42. At 908.7116, in paragraph (b), insert ``the'' before ``Heads''.
43. At 908.7121, in paragraph (b), remove ``Westinghouse Materials
Company of Ohio (WMCO), P.O. Box 398704, Cincinnati, Ohio 45239'' and
insert ``Martin Marietta Energy Systems, Inc., MS8207, P.O. Box 2009,
Oak Ridge, Tn. 37831'' in the third sentence and revise ``WMCO'' to
read ``the operating contractor'' in the fourth sentence.
PART 912--CONTRACT DELIVERY OR PERFORMANCE
44. At 912.300, revise the parenthetical cross reference to read
``(See 15 CFR part 700)''.
45. At 912.302(e), add ``The'' before ``Heads''.
46. At 912.304, in paragraph (c), revise ``$1,000'' to read
``$5,000''.
PART 913--SMALL PURCHASE AND OTHER SIMPLIFIED PURCHASE PROCEDURES
47. At the part heading, revise ``PURCHASES'' to read ``PURCHASE''.
48. At 913.505-1, in paragraph (b)(2), remove ``, including DOE
Clause Set 319 which''; and remove ``by the Office of Policy,
Procurement and Assistance Management Directorate'' and insert the
phrase ``from the Office of Policy, within the Headquarters procurement
organization''.
49. At 913.505-3, in paragraph (d)(1), insert the word ``the''
before the words ``control of forms''.
PART 914--SEALED BIDDING
50. At 914.201-5, in paragraph (a)(1), remove ``Office of Policy,
Office of Procurement, Assistance and Program Management'' and insert
``Office of Policy, within the Headquarters procurement organization''.
51. At 914.406-3, in paragraph (e), insert ``the'' before
``Heads''.
52. Remove 914.407-8.
53. Remove 914.407-70.
54. At 914.408-2, revise ``10 CFR part 795'' to read ``10 CFR part
1016''.
PART 915--CONTRACTING BY NEGOTIATION
55. At 915.406-5, in paragraph (a)(1), revise ``Office of Policy,
Office of Procurement, Assistance and Program Management'' to read
``Office of Policy, within the Headquarters procurement organization'';
and correct the spelling of the word ``period'', at its second usage,
at paragraph (a)(2)(iv),.
56. At 915.502, correct the spelling of the word ``expeditious'' at
paragraph (a)(iv); and revise ``943.107'' to read ``943.170'' at
paragraph (b).
57. At 915.504, in paragraph (b)(6)(ii), revise ``Advisor'' to read
``advisor'' and revise ``Office of Procurement Support, Headquarters''
to read ``Office of Clearance and Support, within the Headquarters
procurement organization''; and at paragraphs (b)(6)(iv) and
(b)(6)(vi), revise ``Unsolicited Proposal Management Officer'' to read
``unsolicited proposal coordinator''.
58. At 915.506, in paragraph (b), revise ``Procurement and
Assistance Management Directorate, U.S. DOE, Attn: Unsolicited
Proposals Management Officer, MA432'' to read ``Unsolicited Proposal
Coordinator, Office of Procurement and Assistance Management,'' in the
first sentence, and in the third sentence revise ``Unsolicited Proposal
Management Officer'' to read ``unsolicited proposal coordinator''.
59. At 915.506-2, correct the spelling of the word ``assignment''
in paragraph (a); and correct the spelling of the words
``justifications'' and ``recommendation'' in paragraph (e).
60. At 915.801, revise ``Department of Energy'' to read ``DOE''.
61. At 915.804-3, add ``The'' before ``Heads'' at paragraph
(b)(2)(iii), (c)(8), (g), and (i).
62. At 915.804-6, add ``The'' before ``Heads'' at paragraphs (e)
and (i).
63. At 915.805-5, in paragraph (c)(1), remove ``Directorate of
Procurement and Assistance Management, Office of Policy, Policy and
Procedures Division'' and insert ``Office of Policy, within the
Headquarters procurement organization''.
64. At 915.807, in paragraph (d)(5)(h), correct the spelling of the
word ``maximum''.
65. At 915.903, in paragraph (f), correct the spelling of
``comparison''.
66. At 915.970-4, in paragraph (c), correct the spelling of
``documentation''.
67. At 915.970-8, in paragraph (b)(1), remove the ``a in''
appearing after the word ``accomplish'' in the second sentence and
revise the paragraph designation ``(b)(2)(iv)(C)'' to read ``(c)''
before the heading ``Contract risk.''.
68. At 915.970-8, in paragraph (h)(1), correct the spelling of the
word ``awarded'' in the third sentence.
69. At 915.971-4, in paragraph (h), correct the spelling of the
word ``positive''.
70. At 915.1003, in paragraph (a), remove the comma following
``officer'' and insert a comma following the word ``may'' in the next
to the last sentence.
PART 916--TYPES OF CONTRACTS
71. At 916.203-4, in paragraph (d)(2), revise the FAR reference at
the end of the paragraph to read ``(FAR) 48 CFR 16.203-4''.
72. At 916.207-3, in paragraph (d), following the word
``designee'', add the phrase ``(but no lower than the chief of the
contracting office)''.
73. At 916.306, in paragraph (c)(2), revise ``head'' to read
``Head''.
74. At 916.404-2, in the third sentence of paragraph (d), correct
the spelling of the word ``determined''.
75. At 916.405, in paragraph (e), remove ``Office of Policy,
Headquarters'' and insert ``Office of Policy, within the Headquarters
procurement organization''; and revise ``Contracting Officer'' to read
``contracting officer'' where it appears, once each, in the paragraphs
titled ``Base Fee'' and ``Award Fee'' of the article entitled ``Payment
of Base and Award Fee''.
PART 917--SPECIAL CONTRACTING METHODS
76. At 917.504, in paragraph (b)(9)(i), correct the spelling of the
word ``estimated''.
77. At 917.7003, correct the spelling of the word ``commercially''
in paragraph (b)(3) and add a comma following the word ``important'' in
the second sentence of paragraph (e).
78. At 917.7006, remove ``Controller'' and insert ``Chief Financial
Officer, Headquarters,''.
79. At 917.7200, in paragraph (b), remove the fourth sentence.
80. At 917.7300, in paragraph (b), remove the fourth sentence.
81. At 917.7301-4, in paragraph (a)(9), correct the spelling of the
word ``announcement''.
82. At 917.7303, in paragraph (b), correct the spelling of the word
``ex officio'' in the third sentence.
83. At 917.7401, insert the word ``may'' before the word ``arise''
in the second sentence.
84. At 917.7402, in paragraph (c)(3), correct the spelling of the
word ``cancellation'' where it precedes the word ``date''.
85. At 917.7403, in paragraph (b), correct the spelling of the word
``responsibility''.
86. At 917.7502, in paragraph (b), at the fifth sentence, revise
``multiphase'' to read ``multiple phase'' and revise ``timeframe'' to
read ``time frame''.
PART 919--SMALL BUSINESS AND SMALL DISADVANTAGED BUSINESS
87. At 919.201(c), add ``, Headquarters, is responsible for the
administration of the DOE small'' between ``Utilization'' and ``and''
in the first sentence, and add ``The'' before ``Heads'' in the final
sentence.
88. At 919.501, in paragraph (c), remove ``$10,000'' and insert in
its place ``the small purchase limitation''.
89. At 919.705-6, remove ``OSDBU'' and insert in its place ``Office
of Small and Disadvantaged Business Utilization''.
90. At 919.708, in paragraph (c), correct the spelling of the word
``disadvantaged''.
PART 920--LABOR SURPLUS AREA CONCERNS
91. At 920.102, correct the spelling of the word ``Acquisitions''.
92. 920.106 is revised to read as follows: 920.106 Records and
reports.
Set-aside awards shall be reported as described in the Handbook for
Preparation of Individual Procurement Action Reports.
PART 922--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITION
93. At 922.103-4, in the second sentence of paragraph (d)(1), add
``the'' before ``Heads''; and, in the second sentence of paragraph
(d)(1)(i), remove the phrase ``By casual overtime is meant'' and insert
in its place ``Casual overtime means''.
94. At 922.470, in paragraph (a), revise the reference ``FAR
22.400'' to read ``(FAR) 48 CFR part 22, subpart 22.4''.
95. At 922.471, correct the spelling of the word ``rehabilitation''
at paragraph (e) in the first sentence; and at paragraph (g)(2)(iii)
remove ``uninterruption of continuing'' and insert ``continuity of''
before the word ``construction''.
96 and 97. At 922.473, in paragraph (a), revise the reference ``FAR
22.400'' to read ``(FAR) 48 CFR part 22, subpart 22.4'' and add ``the''
before ``Heads''; and at paragraph (b) add ``The'' before ``Heads'',
insert ``, within the Headquarters procurement organization'' following
``Management'' and revise ``FAR 22.400 and 922.400'' to read ``(FAR) 48
CFR part 22, subpart 22.4'' and ``48 CFR part 922, subpart 922.4''.
98. At 922.608-5, revise the FAR reference to read ``(FAR) 48 CFR
22.608-5''.
99. At 922.800, revise ``(FAR 22.800'' to read ``(FAR) 48 CFR part
22, subpart 22.8''.
100. At 922.804-2, correct the spelling of ``provisions'' in the
first sentence of paragraph (a)(1).
PART 923--ENVIRONMENT, CONSERVATION, OCCUPATIONAL SAFETY, AND DRUG-
FREE WORKPLACE
101. Revise the title of part 123 to read as above.
102. At 923.7001, in paragraph (a), correct the spelling of
``producing''.
103. At 923.7002, revise ``(a)'' to read ``(b)'' in the reference
at the end of the introductory text of paragraph (b) and at the fourth
sentence of paragraph (d) revise ``Deputy Assistant Secretary'' to read
``Principal Deputy Assistant Secretary''.
PART 924--PROTECTION OF PRIVACY AND FREEDOM OF INFORMATION
104. At 924.103, in paragraph (b)(2), revise ``maintained'' to read
``Maintained'', revise ``order'' to ``Order'', and add ``(See current
version.)'' after ``1800.1''.
105. At 924.202, in paragraph (b), add ``and DOE Order 1700.1 (See
current version.) for related internal procedures'' following the word
``regulations'' at the first sentence; and at the second sentence,
remove the words ``Public'' and ``Records'' and insert ``Requests''
following ``Information and''.
PART 925--FOREIGN ACQUISITION
106. At 925.108, in paragraph (b), revise the FAR reference to read
``(FAR) 48 CFR 25.108(d)(1)''.
107. At 925.204, remove the paragraph designation ``(d)''.
108. Subpart 925.9 is revised to read as follows:
Subpart 925.9--Additional Foreign Acquisition Clauses
925.901 Omission of the examination of records clause.
(c) Conditions for omission.
Any proposed determinations and any reports mentioned at (FAR) 48
CFR 25.903 shall be forwarded to the Director, Office of Clearance and
Support, within the Headquarters procurement organization.
PART 928--BONDS
109. At 928.202-70, revise the FAR reference to read ``(FAR) 48 CFR
28.202''.
PART 932--CONTRACT FINANCING
110. At 932.501-2, in paragraph (a)(3), revise ``Controller'' to
read ``Chief Financial Officer, Headquarters''.
111. At 932.803, in the last sentence of paragraph (d), revise
``Controller'' to read ``Chief Financial Officer, Headquarters''.
112. At 932.970, remove the word ``basic'' preceding the words
``Prompt Payment'' and remove the words ``and (a)(2)(i)(B) of its
Alternate I'' at paragraph (a)(1); remove the word ``basic'' preceding
the words ``Prompt Payment'' and remove the words ``and (a)(5)(i) of
its Alternate I'' at paragraph (a)(2); correct the spelling of
``Financing'' at the heading of (b), remove the word ``basic''
preceding the words ``Prompt Payment'' and remove the words ``and its
Alternate I'' at paragraph (b)(1); and add a period at the end of the
final sentence of paragraph (b)(2).
113. At 932.7003, in paragraph (a), remove the word ``of'' between
the words ``or'' and ``class'' at the end of the first sentence.
114. At 932.7004-2, in paragraph (d), correct the spelling of
``repaid''.
115. At 932.7004-3, in paragraph (b), remove the word
``Controller's'' and insert ``Chief Financial Officer's''.
PART 933--PROTESTS, DISPUTES, AND APPEALS
116. At 933.103, in paragraph (a), insert the words ``at least''
between the words ``that'' and ``one'' in the second sentence; and,
remove ``Business Clearance Division, Headquarters'' and ``Business
Clearance Division'' and insert ``Office of Clearance and Support,
within the Headquarters procurement organization'' where it appears
once in paragraph (d)(5) and three times in paragraph (e).
117. At 933.104, at paragraph (a)(3) and in the mailing address at
paragraph (a)(4)(iii), remove ``Business Clearance Division (MA-441)''
and insert ``Office of Procurement and Assistance Management, Office of
Clearance and Support,''; revise ``Business Clearance Division'' and
``Business Clearance Division, Headquarters'' to read ``Office of
Clearance and Support'' at paragraphs (a)(4)(iii), 2 times; the
undesignated paragraph following the address in paragraph (a)(4)(iii),
2 times; (a)(5)(i), (a)(6), paragraph (b), and at paragraph (c)(2), 2
times; and by capitalizing ``Head of the Contracting Activity'' where
it appears twice in (b)(1).
118. At 933.105, remove ``Business Clearance Division,
Headquarters'' at paragraphs (a)(1)(ii) and (g) and insert in both
places ``Office of Clearance and Support, within the Headquarters
procurement organization''; and, at paragraph (h), remove ``Business
Clearance Division'' and insert ``Office of Clearance and Support,
within the Headquarters procurement organization''.
119. At 933.170, at paragraph (b) remove ``Headquarters Business
Clearance Division,'' at paragraph (c), remove ``Business Clearance
Division Headquarters,'' and at paragraphs (d) and (e) remove
``Business Clearance Division'' and insert in each place ``Office of
Clearance and Support, within the Headquarters procurement
organization''.
PART 935--RESEARCH AND DEVELOPMENT CONTRACTING
120. At 935.016-3, in the definitions of Awarding Contracting
Activity and Cognizant Contracting Activity revise the terms
``Contracting Activity'', ``Cognizant Contracting Activity'',
``Awarding Contracting Activity'', and ``Awarding Contracting
Activities'', to read ``contracting activity'', ``cognizant contracting
activity'', ``awarding contracting activity'', and ``awarding
contracting activities'', except in the definition headings.
121. At 935.016-4, correct the spelling of ``proposals'', at its
second appearance, at paragraph (b)(5); revise the terms ``Contracting
Officer'' and ``Cognizant Contracting Activity'' from upper case to
lower case at paragraph (c); and revise the term ``Contracting
Activity'' from upper case to lower case at paragraph (d).
122. At 935.016-5, in paragraph (b)(1)(ii), correct the spelling of
the word ``intended'' where it is first used.
123. At 935.016-6, in paragraph (a), revise ``Contracting Officer''
from upper to lower case.
124. At 935.016-7, in paragraph (d)(4), revise from upper case to
lower case the terms ``Contracting Officer'' and ``Contracting
Officer's Representative''.
125. At 935.016-8, revise the following from upper case to lower
case: ``Program Office'' at paragraphs (a)(5) and (e)(10);
``Procurement Request'' at paragraph (e)(1); and, ``Contracting
Activity'' at paragraph (e)(11).
126. At 935.016-9, in the introductory text, revise ``Procurement
Request'' and ``Contracting Activity'' to read ``procurement request''
and ``contracting activity''.
127. At 935.070, revise ``Research and Development'' to read
``research and development''.
PART 936--CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS
128. At the table of contents; correct the spelling of
``Evaluation'' at 936.602-2.
129. At 936.202, in paragraph (a), revise the FAR reference to read
``910.004(f).''
130. At 936.601, revise the reference ``FAR 5.205(c)'' to read
``(FAR) 48 CFR 5.205(d)''.
131. At 936.602-3, in paragraph (c)(5), revise the reference ``FAR
5.207(d)'' to read ``(FAR) 48 CFR 5.207(e)''.
132. At 936.602-4, in paragraph (b), insert the word ``the'' after
the words ``retained in'' in the second sentence.
133. At 936.603, remove the word ``of'' following the word
``Collecting'' in the heading.
134. At 936.605, at paragraph (c)(1), add the term ``and/or'' after
the term ``program need'', revise the colon to a semicolon after the
word ``risks''; revise the comma to a semicolon after the word
``disciplines''; revise ``Develop'' to read ``develop'' after the word
``risks''; and, at paragraph (c)(3), remove the word ``and'' preceding
the words ``assist in securing''.
135. At 936.606, in paragraph (f), revise ``percentum'' to read
``per centum'' in the final sentence.
136. At subpart 936.7, revise the heading to read ``Standard and
Optional Forms for Contracting for Construction, Architect-Engineer
Services, and Dismantling, Demolition, or Removal of Improvements''.
137. At 936.7002-3(a), add ``the'' before ``Heads'' which appears
twice and remove ``the'' where it precedes ``Contracting''.
138. At 936.7003-1, add ``The'' before ``Heads''.
PART 937--SERVICE CONTRACTING
139. Revise the heading of subpart 937.2 to read ``Advisory and
Assistance Services''; redesignate 937.205 as 937.207, revise its
heading to read ``Contracting officer responsibilities.'', remove the
paragraph ``(b)'' designation and remove the second paragraph
designated ``(7)''.
PART 942--CONTRACT ADMINISTRATION
140. At 942.003, in paragraph (b), revise ``cognization'' to read
``cognizant'' in the last sentence.
141. At 942.101, in paragraph (b), remove ``Branch, Office of
Policy, Procurement and Assistance Management Directorate,
Headquarters'' and insert ``Division, Office of Policy, within the
Headquarters procurement organization,''.
142. At subpart 942.7, remove ``Branch, Office of Policy,
Procurement and Assistance Management Directorate, Headquarters'' and
insert ``Division, Office of Policy, within the Headquarters
procurement organization,'' at 942.705-1(a)(3), 942.705-3, 942.705-4,
and 942.705-5; and, at 942.708, insert ``(b)'' before the undesignated
paragraph beginning ``The contracting officer shall''.
143. At 942.803, in paragraph (c)(3)(vii), revise ``followup'' to
read ``follow-up''.
144. At subpart 942.14, add ``(See current version.)'' following
``1540.1'' in 942.1401, and insert ``, Safeguards, and Emergency''
between the words ``Transportation'' and ``Management'' at 942.1401,
942.1402(a)(2), 942.1403-1(a), 942.1403-1(c)(1) and 942.1403-2(a).
PART 943--CONTRACT MODIFICATIONS
145. At 943.170, in paragraph (g), in the introductory text, insert
the word ``the'' before ``extension''; revise the reference from
``915.570-2'' to read ``915.506-2'' at paragraph (g)(1); and correct
the spelling of the word ``initial'' at paragraph (g)(3).
PART 944--SUBCONTRACTING POLICIES AND PROCEDURES
146. At 944.302, add the word ``The'' before ``Heads'' in the first
sentence of paragraph (a) and revise ``followup'' to read ``follow-up''
at paragraph (c).
147. At 944.305-1, in paragraph (a), add the word ``the'' before
``Contracting Activity''.
148. At 944.307, in paragraph (b), remove ``Procurement Management
Review Division, Procurement and Assistance Management Directorate,
Headquarters'' and insert ``Office of Contractor Management and
Administration, within the Headquarters procurement organization''.
PART 945--GOVERNMENT PROPERTY
149. At the table of contents, correct the spelling of
``management'' at 945.570.
150. At 945.102-70, in the introductory text, remove ``Property and
Equipment Management Division, Procurement and Assistance Management
Directorate, Headquarters'' and insert ``Office of Property Management,
within the Headquarters procurement organization'', and at paragraph
(c) remove ``Administration Service'' and insert ``Management
Command''.
151. At 945.104-70, in paragraph (a)(5), revise ``Worksheets'' to
read ``Work sheets'' at the final sentence, correct ``exist'' to read
``exit'' at paragraphs (a)(6) and (a)(7), and remove ``Property and
Equipment Management Division, Headquarters'' and insert ``Office of
Property Management, within the Headquarters procurement organization''
at paragraph (a)(11).
152. At 945.303-1, revise the second sentence of the introductory
text to read as follows: Special nuclear material means uranium
enriched in the isotopes U233, and U235, and/or plutonium, other than
PU238.''
153. At 945.304, remove ``Acquisition of'' and revise ``motor'' to
read ``Motor'' in paragraph (c), and, in paragraph (d), remove ``GSA
Interagency Motor Pool System'' and insert ``Contractor Use of
Interagency Fleet Management System (IFMS)''.
154. In the table at 945.505-14, at the entry for asset type code
number 490, remove ``includable'' and insert ``included'' and at the
entry for 655, revise ``powerplant'' to read ``power plants''.
155. At 945.570-2, remove ``Motor Pool'' and insert ``Fleet
Management'' at paragraph (a); remove ``IMPS'' and insert ``IFMS'' at
paragraphs (a), (b)(1) and (b)(2); and, at paragraph (g) introductory
text remove ``Property and Equipment Management Division, Headquarters,
Procurement and Assistance Management Directorate, (MA-422)'' and
insert ``Office of Property Management, within the Headquarters
procurement organization''.
156. At 945.607-2, in paragraph (b), remove ``Westinghouse
Materials Company of Ohio (WMCO), P.O. Box 398704, Cincinnati, Ohio
45239'' and insert ``Martin Marietta Energy Systems, M.S. 8207, P.O.
Box 2009, Oak Ridge, Tn. 37831''.
157. At 945.608-2, in paragraph (b)(1)(ii), remove ``Property and
Supply Division, REAPS, Office of Policy, Procurement and Assistance
Directorate, Headquarters'' and insert ``, Office of Property
Management, within the Headquarters procurement organization''.
158. At 945.608-6, in paragraph (a), remove ``of the Office of
Review and Analysis, Procurement and Assistance Management'' and insert
``Office of Property Management, within the Headquarters procurement
organization'', and at paragraph (b) remove ``Office of Review and
Analysis'' and insert ``Office of Property Management, within the
Headquarters procurement organization''.
PART 949--TERMINATION OF CONTRACTS
159. At 949.111, insert ``The'' before ``Heads'' at paragraph (a)
and insert ``the'' before ``Heads'' at paragraph (c). 160. At 949.501,
remove the word ``following'' and the colon following it in the
introductory text; remove the designation ``(a)'' before the second
paragraph and revise ``Cost'' to read ``cost''; and combine the
remaining text into 1 sentence.
PART 950--EXTRAORDINARY CONTRACTUAL ACTIONS
161. At 950.104, remove ``Contract Business Clearance Division,
Headquarters'' and insert ``Office of Clearance and Support, within the
Headquarters procurement organization'' twice.
162. At 950.7003(b), add ``The'' before ``Heads''.
163. At 950.7006, in paragraph (a), remove the two ``Sec. ''
symbols.
164. At 950.7101, correct the spelling of ``contractors'' in the
first sentence of paragraph (a); revise ``Avoidable Costs'' to read
``avoidable costs'' at paragraph (c)(2); revise ``Contracting Officer''
to read ``contracting officer'' in paragraph (c)(2) where it appears
twice; correct the spelling of the word ``responsibility'' at paragraph
(d); correct the spelling of the word ``commercial'' at paragraph (e);
and correct the spelling of the word ``provisions'' at paragraph (g).
PART 951--USE OF GOVERNMENT SOURCES BY CONTRACTORS
165. At 951.102, revise ``contracts'' to read ``subcontracts''
immediately before the word ``where'' at paragraph (a), and remove
``Property and Equipment Management Division, Office of Policy,
Procurement and Assistance Management Directorate, Headquarters'' and
insert ``Office of Property Management, within the Headquarters
procurement organization'' at paragraph (c)(1).
PART 952--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
166. At the table of contents, correct the spelling of the word
``termination'' at 952.249.
167. At subpart 952.1, correct the spelling of the word ``Subpart''
in the heading.
168. At 952.102-1, in paragraph (a), remove ``Office of Policy''
and insert ``Office of Policy, within the Headquarters procurement
organization''; remove the phrase ``during the initial Federal
Acquisition Regulations System familiarization period'' at the end of
the first sentence; and revise the final sentence to read ``This
practice eliminates the confusion and expense which would be caused the
Department's contractors if each contracting activity pursued its own
approach regarding contract clauses.''
169. At 952.202-1(a), add the following sentence as the first
sentence of that paragraph ``As prescribed in (FAR) 48 CFR 902.200,
insert the clause at (FAR) 48 CFR 52.202 in all contracts.''; remove
the words ``at FAR 52.202-1'' from the second sentence of the first
paragraph (a); remove ``The term'' in the beginning of the second
paragraph (a); and, correct the spelling of the word ``Federal'' in
paragraph (d) of the clause.
170. At 952.204-2, insert the phrase ``As prescribed in
904.404(d)(1),'' before the first word of introductory text; and at
paragraph (g) of the clause revise ``Plutonium'' to ``plutonium''.
171. At 952.204-70, insert the words ``As prescribed in
904.404(d)(2),'' before the introductory text and revise the colon to a
period at the end of the introductory text.
172. At 952.204-71, revise the colon to a period at the end of
introductory text and revise ``effecting'' to ``impacting'' in the
second sentence of paragraph (a) of the clause.
173. At 952.204-72, add the phrase ``As prescribed in
904.404(d)(4)'' at the beginning of the introductory text and revise
the colon to a period at the end of introductory text.
174. At 952.204-73, revise the term ``offeror/bidder'' to read
``offeror'' where it appears at paragraph (c), at the certification
following question 11 (three times), at paragraph (d) (three times),
and at paragraphs (e) and (f).
175. At 952.208-7, insert the phrase ``As prescribed in 908.7101-
7,'' before the word ``insert'' at the beginning of the introductory
text.
176. At 952.208-70, remove the introductory text and insert instead
``As prescribed in 908.802, insert the following clause.''
177. At 952.209-70, in the first sentence of paragraph (a), correct
the spelling of the word ``contractual'', and at paragraph (c), in the
second sentence place a period after ``conflict of interest'' and add
the words ``If a conflict'' immediately before the words ``is found''.
178. At 952.209-71, in paragraph (b), revise ``Contracting
Officer'' to ``contracting officer''.
179. At 952.212-70, in the introductory text, revise the colon to a
period at the end of the introductory text and revise ``350'' to read
``700'' and insert a period after the word ``box'' in the clause
following the introductory text.
180. At 952.212-71, in the introductory text, revise the colon to a
period at the end of introductory text and revise ``350'' to read
``700'' in the clause following the introductory text.
181. At 952.212-72, remove the first sentence of the undesignated
introductory paragraph; in the second sentence remove the words ``As
discussed in DEAR'' and insert the words ``As prescribed in''; revise
the colon to a period at the end of the introductory text; and, in the
second sentence of the clause remove ``A, or any later'' and add a
comma in its place.
182. At 952.212-73, revise the colon to a period at the end of the
introductory text.
183. At 952.215-22, remove ``certified'' and insert ``a certificate
of current''.
184. At 952.215-70, insert the date ``(OCT 1984)'' at the end of
the clause heading.
185. At 952.216-15, correct the spelling of ``Subpart'' before the
reference ``31.6''.
186. At 952.223-71, insert ``As prescribed in 923.7002,'' at the
beginning of the text.
187. At 952.223-72, insert ``As prescribed in 923.7002,'' at the
beginning of the text.
188. At 952.223-75, insert ``(Government-owned or leased
facility)'' after ``Safety and Health'' in the clause introductory
text.
189. At 952.224-70, revise ``Federal Reports Act'' to read
``Paperwork Reduction Act'' in paragraph (a) of the clause.
190. At 952.227-71, revise ``(MAR 1982)'' to read ``(APR 1984)'' in
the clause heading; correct the spelling of ``extension'' at paragraph
(c)(4); insert the word ``to'' after ``convey'' at paragraph (d)(1);
correct the spelling of ``countries'' at paragraph (d)(1)(ii); correct
the spelling of ``Government'' at paragraph (f)(1)(i); correct the
spelling of ``maintenance'' at paragraph (f)(3); correct the spelling
of ``privileged'' at the last sentence of paragraph (h); revise ``non
profit'' to ``nonprofit'' at paragraph (k) introductory text; and
correct the spelling of ``applications'' at paragraph (k)(2).
191. At 952.227-75, revise ``Contracting Officer'' to ``contracting
officer'' at paragraphs (b)(2)(ii), (c)(2), (d)(1), (d)(2) and (f);
insert the word ``other'' between the words ``unless'' and ``use'' at
paragraph (b)(2)(ii); at the introductory text of Alternate I, revise
``(d)'' to ``(g)'' following ``paragraph''; revise ``Contracting
Officer'' to ``contracting officer'' at the first sentence of paragraph
(g) of Alternate I; at Alternate II, revise ``(b)'' to ``(h)''
following ``paragraph'' in the introductory text and correct the
spelling of ``satisfaction'' in paragraph (h) introductory text.
192. At 952.227-76, in paragraph (b), revise ``Contracting
Officer'' to read ``contracting officer'':
193. At 952.227-77, insert ``other'' between ``unless'' and ``use''
at paragraph (b)(2).
194. At 952.227-78, at the end of paragraph (b)(1)(iv), revise
``optional paragraph (e) hereof--`Limited Rights in Proprietary Data'''
to read ``paragraph (e), `Limited Rights in Proprietary Data,' hereof,
if a part of this clause''.
195. At 952.227-79, correct the spelling of ``proprietary'' in the
introductory text.
196. At 952.227-80, correct the spelling of ``solicitations'' in
the introductory text.
197. At 952.227-82, correct the spelling of ``whatsoever'' in the
final sentence of the clause.
198. At 952.233-2, designate the first paragraph beginning
``Another copy'' as (c); remove ``Business Clearance Division (MA-441)
Forrestal Building, Room 1I030'' and insert ``Office of Clearance and
Support, Office of Procurement and Assistance Management''; and,
designate the second paragraph beginning ``Another copy'' as (d).
199. At 952.235-70, revise ``this'' to ``the following'' in the
introductory text and revise ``Contracting Officer'' to ``contracting
officer'' where it appears four times in the text of the clause.
200. At 952.236-70, revise ``Contracting Officer'' to ``contracting
officer'' at paragraph (1) of Title I and paragraph (6) of Title III.
201. At 952.236-71, correct the spelling of ``performed'' in the
first sentence of the clause.
202. At 952.236-72, revise 936.202'' to read ``936.202(j)''.
203. At 952.249-70, revise ``Contracting Officer'' to read
``contracting officer'' at paragraph (a).
204. At 952.251-70, remove the word ``on'' following the word
``terms'' in paragraph (c).
PART 970--DOE MANAGEMENT AND OPERATING CONTRACTS
205. At 970.0000, revise ``Secretary, Deputy or Under Secretary''
to read Secretary, Deputy Secretary or Under Secretary'' in the second
sentence. Revise the words ``Small Business'' to read ``small
business'' and ``Contract Clauses'' to read ``contract clauses'' in the
fourth sentence. Revise ``Titles'' to read ``titles'' in the fifth
sentence. Revise ``difference'' to read ``differences'' in the sixth
sentence.
206. At 970.0001, in paragraph (b) introductory text, revise
``effect'' to ``determine'', and correct the spelling of the word
``competed''.
207. At 970.0404-1, place a comma after the word ``defined'' in the
second paragraph and revise the section number ``II'' to read ``11''.
208. At 970.0404-2, at paragraph (b) remove ``and Orders'' in the
second sentence and revise ``and'' to read ``is'' in the third
sentence. Revise ``Production'' to read ``production'' at paragraph
(d)(2)(i) and correct the spelling of ``facilities'' at paragraph
(d)(2)(ii).
209. At 970.0404-3, place a comma after ``contract'' in paragraph
(a) and, in paragraph (b) insert ``(See current versions.)'' after the
word ``Orders''.
210. At 970.0406, revise ``5700.7B'' to read ``5700.7'' and add
``(See current version.)'' following ``5700.7''.
211. At 970.0803, in paragraph (b), remove ``Office of Project and
Facilities Management (OPFM), at Headquarters'' and insert ``Public
Utilities Branch, Headquarters'' and remove ``, OPFM'', where it is
used the second time and insert ``of that office''.
212. At 970.0905, revise ``intercorporate'' to read
``intracorporate''.
213. At 970.1001, revise ``operation'' to read ``operating''.
214. At 970.1509-1, correct the spelling of ``particularly'' at
paragraph (b).
215. At 970.1509-2, correct the spelling of ``Special'' and
``educational'' in the heading.
216. At 970.1509-4, at paragraph (b)(6), revise ``operation'' to
``operations'' the second time it appears.
217. At 970.1509-6, correct the spelling of ``similar'' at
paragraph (b)(1)(iii) and insert ``the'' before ``Contracting'' in
paragraph (e).
218. At 970.1509-8, in paragraph (d), in the Narrative Description
of Performance Adjectives table, correct the spelling of
``deficiencies'' at its first use in the category entitled ``Good''; in
paragraph (e) revise the two references from ``paragraph (d)'' to
``paragraph (c)''; and, in paragraph (g), correct the spelling of
``performance'' at its first use.
219. At 970.2201, revise ``management'' to read ``administration''
at its first use in paragraph (a) and correct the spelling of
``commercial'' at paragraph (b)(3).
220. At 970.2271, in paragraph (b)(1), delete ``Headquarters''';
add ``, within the Headquarters procurement organization'' following
``Resource Management''; add ``the'' before ``Heads''; in paragraph
(b)(2) insert ``the'' before ``Heads''; and, in paragraphs (b)(2)(iv)
and (b)(3), delete ``Headquarters'' and add ``, within the Headquarters
procurement organization'' following ``Resource Management''.
221. At 970.2272, in paragraph (b)(2), revise ``Contracting
Officer'' to read ``contracting officer''.
222. At 970.2273, correct the spelling of ``integral'' at paragraph
(a)(7), correct the spelling of ``example'' at paragraph (a)(8), insert
the word ``the'' before the word ``Heads'' in the second sentence of
(b) introductory text, correct the spelling of ``Contracting'' in the
final sentence of paragraph (b)(3), correct the spelling of
``Assembly'' at paragraph (c)(1)(iv), correct the spelling of
``identified'' in the fourth sentence of paragraph (c)(2), and correct
the spelling of ``embraces'' (first sentence) and ``commercial'' (next
to the last sentence) of paragraph (d).
223. At 970.2303-2, in paragraph (d), insert ``(Government-owned or
leased)'' immediately following ``Safety and Health'' and revise
``Nuclear Facility Safety Applicability'' to read ``Nuclear Safety''.
224. At 970.2901, in paragraph (b), remove ``Controller'' and
insert ``Chief Financial Officer, Headquarters''.
225. In the undesignated introductory paragraph of 970.2902, insert
the word ``the'' before the word ``Heads''.
226. At 970.3001-2, revise the reference ``970.3102-10'' to read
``970.3102-3''.
227. At 970.3101-1, in paragraph (c), revise ``appendices'' to read
``appendix''.
228. At 970.3101-2, in paragraph (b)(1), correct the spelling of
``manufacturing'' in the fourth sentence.
229. At 970.3102-1, revise ``or'' to read ``of'' following the word
``representative'' in the next to the last sentence of paragraph (b),
and correct the spelling of ``adequately'' in the first sentence of
paragraph (c).
230. At 970.3102-2, correct the spelling of ``forfeited'' at
paragraph (h)(2)(ii), correct the spelling of ``accordance'' at
paragraph (l)(2)(iv), revise ``(vi)'' to read ``(iv)'' in paragraph
(l)(6)(iv), correct the spelling of ``ownership'' in the heading at
paragraph (l)(7), correct the spelling of ``participating'' at
paragraph (l)(7)(i)(A), and remove the acronym ``--TRASOP's'' at
paragraph (l)(7)(ii).
231. At 970.3102-5, in paragraph (a), correct the spelling of
``activities''.
232. At 970.3102-9, correct the spelling of ``services'' the second
time it appears in the next to the last sentence.
233. At 970.3102-17, revise ``Contracting Officer'' to read
``contracting officer'' in the fourth sentence of (a)(1), and correct
the spelling of ``vehicles'' in the heading of paragraph (b)
introductory text.
234. At 970.3102-18, correct the spelling of ``except''.
235. At 970.3102-19, revise ``Contracting Officer'' to read
``contracting officer'' at the introductory text of paragraph (d), at
the undesignated paragraph following paragraph (d)(5), and at paragraph
(e)(1); and revise ``closings'' to ``closures'' at paragraph
(e)(2)(iii).
236. At 970.3102-20, in paragraph (d), revise ``Contracting
Officer'' to read ``contracting officer'' where it appears twice.
237. At 970.3102-21, in paragraph (b)(3) introductory text and the
undesignated paragraph following paragraph (b)(3)(ii), revise
``Contracting Officer'' to read ``contracting officer''.
238. At 970.3102-22, revise ``Contracting Officer'' to read
``contracting officer'' where it appears six times, and revise
``Avoidable Cost'' and ``Avoidable Costs'' to ``avoidable cost'' and
``avoidable costs'' at the introductory text, at paragraph (d), at
paragraph (e), and the undesignated paragraph following paragraph (e).
239. At 970.3201, remove ``Office of Controller'' and insert
``Chief Financial Officer, Headquarters''.
240. At 970.3271, under the heading ``Covenants'', revise
``Contracting Officer'' to read ``contracting officer'' where it
appears two times in paragraph 2, and insert ``the'' before
``Contracting'' in paragraph (4).
241. At 970.5101, in paragraph (c), add ``the'' before ``Heads''.
242. At 970.5203-1, remove ``See FAR 52.203-5.'' and the ``Note''
and add ``Insert the clause at (FAR) 48 CFR 52.203-5 with the addition
of the following paragraph.''; and in paragraph (c) revise
``Contracting Officer'' to read ``contracting officer''.
243. At 970.5203-2, remove ``See FAR 52.215-1.'' and the word
``NOTE:'' and revise ``Office of the Controller'' to ``Chief Financial
Officer, Headquarters''.
244. At 970.5203-3, remove ``See FAR 52.225-3.'' and the word
``NOTE:'', and insert in its place ``Insert the clause at (FAR) 48 CFR
52.225-3 but''.
245. At 970.5204-1, insert ``As prescribed in 970.0404-4,'' before
the existing text.
246. At 970.5204-2, add the following introductory text immediately
before the clause ``As prescribed in 970.2303-2(a), insert the
following clause.''
247. At 970.5204-4, remove ``See FAR 52.229-10.'' and the word
``Note'' and insert the following introductory text ``As prescribed in
(FAR) 48 CFR 29.401-6(b), insert the clause at (FAR) 48 CFR 52.229-10,
as modified by the following.'' and correct the spelling of ``Fee'' in
the text of the note.
248. At 970.5204-5, remove the existing text and insert ``As
prescribed in 970.0404-4(b), insert the clause at 952.204-72.''.
249. At 970.5204-6, remove ``See 952.250-70'' and insert ``As
prescribed in 950.7006(a), insert the clause at 952.250-70, when
appropriate.''.
250. At 970.5204-8, remove ``See 952.250-72.'' and insert ``As
prescribed in 950.7006(a), insert the clause at 952.250-70, when
appropriate.''.
251. At 970.5204-9, add the following introductory text immediately
before the clause: ``As prescribed in 970.0407, insert the following
clause.''; revise ``of unit-piece'' in paragraph (g) to read ``or unit
price''; remove the second use of the phrase ``advisable by the Head of
the Contracting Activity'' in the Note following paragraph (h); and
correct the spelling of ``contractor'' in the Note following paragraph
(h).
252. At 970.5204-11, add introductory text immediately before the
clause to read ``Insert the following clause.''.
253. At 970.5204-12, add introductory text immediately before the
clause to read ``As prescribed in 970.2272(b)(2), insert the following
clause.''.
254. At 970.5204-13, insert introductory text immediately before
the clause to read ``As prescribed in 970.3103(a), insert the following
clause, when appropriate.''; revise ``Contracting Officer'' to read
``contracting officer'' where it appears at paragraph (d)(8)(v),
(e)(1)(ii), (e)(11), (e)(32) and (e)(36)(i); correct the spelling of
``originated'' at paragraphs (e)(1)(iii); at paragraph (e)(17)(iv),
remove the paragraph designation ``(iv)'' from the NOTE and insert the
designation ``(iv)'' immediately before ``are direct costs''; correct
the spelling of ``excess'' at paragraph (e)(24); and, at paragraph
(e)(36), remove the paragraph designation ``(36)'' from the NOTE and
revise the paragraph designation ``(i)'' to read ``(36)(i)''; and
revise ``clauses'' to read ``paragraphs'' in the NOTE preceding
paragraph (36)(i).
255. At 970.5204-14, insert introductory text preceding the clause
to read ``As prescribed in 970.3103(a), insert the following clause.'';
correct the spelling of ``performance'' the second time it appears in
paragraph (b); revise ``Contracting Officer'' to read ``contracting
officer'' where it appears at paragraph (d)(5), (d)(14), (e)(1),
(e)(9), and (e)(34)(i); revise ``clauses'' to read ``paragraphs'' at
paragraph (e)(10) Note 1; revise ``clause'' to read ``paragraph'' at
paragraph (e)(10) Note 2; at paragraph (e)(15)(iv), remove the
paragraph designation from the NOTE and insert the designation ``(iv)''
immediately before the phrase ``are direct costs''; at paragraph
(e)(34), remove the paragraph designation ``(34)'' from the NOTE and
revise the paragraph designation ``(i)'' to read ``(34)(i)''; and
revise ``clauses'' to read ``paragraphs'' in the Note preceding
paragraph (34)(i).
256. At 970.5204-15, add introductory text preceding the clause to
read ``As prescribed in 970.1508(c), insert the following clause.'',
and correct the spelling of ``contractor'' in the last sentence of
paragraph (a).
257. At 970.5204-16, add introductory text preceding the clause to
read ``As prescribed in 970.3270, insert the following clause.''.
258. At 970.5204-19, add introductory text preceding the clause to
read ``As prescribed in 970.5101, insert the following clause.''
259. At 970.5204-21, insert introductory text preceding the clause
to read ``As prescribed in 970.7104-43, insert the following clause.''
and, at paragraph (j) revise ``Avoidable Costs'' to read ``avoidable
costs''.
260. At 970.5204-22, add introductory text preceding the clause to
read ``As prescribed in 970.7103, insert the following clause.''.
261. At 970.5204-17, add introductory text preceding the clause to
read ``As prescribed in 970.3103(b), insert the following clause.'',
correct the spelling of ``technical'' at paragraph (b)(1), and revise
``Contracting Officer'' to read ``contracting officer'' at paragraph
(b)(2).
262. At 970.5204-18, add introductory text preceding the clause to
read ``Insert the following clause.''; add a heading and date to the
clause to read ``Definition of Nonprofit and Profit Making Management
and Operating Contractors and Subcontractors (JUL 1991); and revise
``Contracting Officer'' to read ``contracting officer'' where it
appears twice.
261. At 970.5204-23, add introductory text preceding the clause to
read ``As prescribed in 970.2902, insert the following clause.''.
262. At 970.5204-24, add introductory text preceding the clause to
read ``As prescribed in 970.7104-11, insert the following clause.'',
and revise ``a'' to read ``the'' in paragraph (c) following the NOTE.
263. At 970.5204-25, add introductory text preceding the clause to
read ``Insert the following clause.''.
264. At 970.5204-26, in the introductory text, revise ``In
accordance with the provisions at'' to read ``As prescribed in'';
revise the reference ``970.2303'' to read ``970.2303-2(c)''; insert
``following'' before ``clause''; and remove ``below in management and
operating contracts''.
265. At 970.5204-28, add introductory text preceding the clause to
read ``Insert the following clause.''.
266. At 970.5204-29, add introductory text preceding the clause to
read ``Insert the following clause.''.
267. At 970.5204-30, remove the existing text, including its
heading and date and insert the following in its place ``As prescribed
in 970.2201(b)(5)(ii), insert the clause at (FAR) 48 CFR 52.222-1.''
268. At 970.5204-31, add introductory text preceding the clause to
read ``Insert the following clause.''; add a heading and date after the
introductory text to read ``Litigation and Claims (JUL 1991); and
revise ``Contracting Officer'' to read ``contracting officer'' wherever
it appears in the text of the clause; revise ``clause'' to read
``paragraph'' in the introductory text of ``NOTE 1''; and, revise
``clause'' to read ``paragraphs'' in the introductory text of ``NOTE
2''.
269. At 970.5204-32, remove ``Note 1:'' and insert ``(a)''; add a
heading and date following the new designator ``(a)'' to read
``Required Bond and Insurance-Exclusive of Government Property
(Nonprofit) (Jul 1991)''; remove ``Note 2:'' and insert ``(b)''; add a
heading and date to read ``Required Bond and Insurance-Exclusive of
Government Property (Profit-Making) (Jul 1991); and revise
``Contracting Officer'' to read ``contracting officer'' where it
appears four times.
270. At 970.5204-33, revise ``15 CFR Part 350'' to read ``15 CFR
Part 700'' in the clause following paragraph (a), and correct the
spelling of ``decision'' at its second appearance in the clause
following paragraph (b).
271. At 970.5204-34, remove ``See 952.204-71.'' and insert
introductory text to read ``As prescribed in 970.0404-4(a)(3), insert
the following clause.''; and add the clause as follows:
Sensitive Foreign Nations Controls (Apr 1984)
(a) In connection with any activities in the performance of this
contract, the contractor agrees to comply with the ``Sensitive
Foreign Nations Controls'' requirements attached to this contract,
relating to those countries, which may from time to time, be
identified to the contractor by written notice as sensitive foreign
nations. The contractor shall have the right to terminate its
performance under this contract upon at least 60 days prior written
notice to the contracting officer if the contractor determines that
it is unable, without substantially interfering with its polices or
without adversely affecting its performance to continue performance
of the work under this contract as a result of such notification. If
the contractor elects to terminate performance, the provisions of
this contract regarding termination for the convenience of the
Government shall apply.
(b) The provisions of this clause shall be included in any
subcontracts.
272. At 970.5204-35, remove ``(unclassified contracts with
educational institutions)'' from the heading and insert introductory
text, to read ``Insert the following clause in contracts with
educational institutions involving unclassified work.''.
273. At 970.5204-36, remove ``(contracts with universities where
DOE has major investments in facilities but does not own or lease the
land)'' from the heading and add introductory text to read ``Insert the
following clause in contracts with universities where DOE has major
investments in facilities but does not own or lease the land.''
274. At 970.5204-37, revise the reference to read ``See
970.1002.''.
275. At 970.5204-38; in the introductory text, remove ``In
accordance with'' and insert ``As prescribed in''; revise the reference
``970.2273'' to read ``970.1002(c) and 970.3601''; remove ``the
following clause shall be used'' and insert ``insert the following
clause''; revise ``operating and management'' to read ``management and
operating''; and, in the final sentence of the clause, revise ``on'' to
read ``of'' before ``a public building''.
276. At 970.5204-41, remove ``See 952.223-75.'' and insert ``As
prescribed in 970.2303-2(d), insert the following clause.'', and add
the clause as follows:
Preservation of Individual Occupational Radiation Exposure Records (Apr
1984)
Individual occupational radiation exposure records generated in the
performance of work under this contract shall be subject to inspection
by DOE and shall be preserved by the contractor until disposal is
authorized by DOE or at the option of the contractor delivered to DOE
upon completion or termination of the contract. If the contractor
exercises the foregoing option, title to such records shall vest in DOE
upon delivery.
277. At 970.5204-42, insert introductory text preceding the clause
to read ``As prescribed in 970.2201(b)(1), insert the following
clause.''
278. At 970.5204-43, insert introductory text preceding the clause
to read ``Insert the following clause, when appropriate.''; and, in the
first sentence of the clause insert ``other'' before ``contracts'' and
``additional'' before ``work''.
279. At 970.5204-45, revise the introductory text to read ``As
prescribed in 970.7104-30, insert the following clause.''; and revise
``or'' to read ``of'' following the second use of ``contracting
officer'' in paragraph (a)(1)(i) of the clause.
280. At 970.5204-50, remove ``See 952.212-73.'' and add
introductory text to read ``As prescribed in 970.7104-40, insert the
following clause.''; and add the clause as follows:
Cost and Schedule Control Systems (Apr 1984)
(a) In the performance of this contract, the contractor shall
establish, maintain, and use cost and schedule control systems
(management control systems) meeting the criteria set forth in the
contract and as described in detail in ``Cost and Schedule Control
Systems Criteria for Contract Performance Measurement--
Implementation Guide,'' annexed hereto and hereinafter referred to
as the ``Guide.'' Prior to acceptance by the contracting officer and
within ______ calendar days after contract award, the contractor
shall be prepared to demonstrate systems operation to the Government
to verify that the proposed systems meet the designated criteria. As
a part of the review procedures, the contractor shall furnish the
Government a description of the cost and schedule control systems
applicable to this contract in such form and detail as indicated by
the Guide, or as required by the contracting officer. The contractor
agrees to provide access to all pertinent records, data, and plans
as requested by representatives of the Government for the conduct of
systems review.
(b) The description of the management control systems accepted
by the contracting officer, identified by title and date, shall be
referenced in the contract. Such systems shall be maintained and
used by the contractor in the performance of this contract.
(c) Contractor revises to the reviewed systems shall be
submitted for review and approval as required by the contracting
officer. When contracting officer approval is required, the
contracting officer shall advise the contractor of the acceptability
of such revises within sixty (60) days after receipt from the
contractor. When systems existing at the time of contract award do
not comply with the designated criteria, adjustments necessary to
assure compliance will be made at no change in contract price or
fee.
(d) The contractor agrees to provide access to all pertinent
records and data requested by the contracting officer, or duly
authorized representative, for the purpose of permitting Government
surveillance to insure continuing application of the accepted
systems to this contract. Deviations from the systems description
identified during contract performance shall be corrected as
directed by the contracting officer.
(e) The contractor shall require that each selected
subcontractor, as mutually agreed to between the Government and the
contractor and as set forth in the schedule of this contract, meet
the criteria for cost and schedule control systems as set forth in
subcontract and shall incorporate in all such subcontracts adequate
provisions for review and surveillance of subcontractor's systems to
be carried out by the prime contractor, or by the Government when
requested by either the prime or subcontractor.
281. At 970.5204-52, remove ``See 952.247-70'' and add introductory
text to read ``Insert the following clause when foreign travel may be
required under the contract.''; and add the clause as follows:
Foreign Travel (Apr 1984)
(a) Foreign travel, when charged directly, shall be subject to
the prior approval of the contracting officer for each separate trip
regardless of whether funds for such travel are contained in an
approved budget. Foreign travel is defined as any travel outside of
Canada and the United States and its territories and possessions.
(b) Request for approval shall be submitted at least 45 days
prior to the planned departure date, be on a Request for Approval of
Foreign Travel form, and when applicable, include a notification of
proposed soviet-bloc travel.
282. At 970.5204-54, insert introductory text to read ``As
prescribed in 970.1509-8(d), insert this clause in cost plus award fee
management and operating contracts.'' and insert the clause heading and
date to read ``Basic Fee and Award Fee (Jul 1991)''.
283. At 970.5204-55, insert introductory text to read ``Insert the
following clause in management and operating contracts with profit
making contractors.''; insert the clause heading and date to read
``Ceiling on Certain Liabilities for Profit Making Contractors (Jul
1991)''; revise ``Contracting Officer'' to read ``contracting officer''
at paragraph (b)(1) twice and at paragraph (c) four times; and revise
``Avoidable Costs'' to ``avoidable costs'' three times in paragraph
(a), three times in paragraph (b)(1), six times in paragraph (b)(3),
and once in paragraph (b)(4).
284. At 970.5204-56, insert introductory text to read ``Insert this
clause in management and operating contracts with profit making
contractors.''; add a clause heading and date to read ``Determining
Avoidable Costs (Jul 1991)''; revise ``Contracting Officer'' to read
``contracting officer'' at paragraph (a)(2); and, revise ``Avoidable
Costs'' to read ``avoidable costs'' once each at paragraphs (a)(1),
(a)(2), and (c).
285. At 970.5204-57, revise ``offeror/bidder'' to read ``offeror''
at paragraphs (b) and (c).
286. At 970.5204-58, in the introductory text, correct the
reference ``970.5204-4(b)'' to read ``970.2305-4(b)''.
287. At paragraph (a) of the clause at 970.5204-60, revise
``4320.1B'' to read ``4320.1 (See current version.)''.
288. At 970.5204-61, insert introductory text to read ``Insert the
following clause as specified in 970.3103(c).'' and add a clause
heading and date as follows: Cost Prohibitions Related to Legal and
Other Proceedings (Dec 1993).
289. At 970.7102, insert ``the'' before ``Contracting'' in the
first sentence of paragraph (a); insert ``the'' before ``Head'' and
``Contracting'' in the third sentence of paragraph (a); and revise
``system'' to read ``systems'' at paragraph (b)(1).
290. At 970.7104-7, correct the spelling of ``Replacement'' at item
(12) of the table, and correct the spelling of ``wiretapping'' at item
(14) of the table.
291. At 970.7104-9, at paragraph (b), insert ``The'' before
``Heads''.
292. At 970.7104-12, revise ``subpart'' to read ``subparts'' where
it first appears in paragraph (a).
293. At 970.7104-19, at paragraph (b), remove ``in FPR Temporary
Regulation No. 76 or successor FAR coverage'' and insert ``, (FAR) 48
CFR 52.222-40 or (FAR) 48 CFR 52.222-41,''.
294. At 970.7104-22, remove the word ``prescribed'', and revise the
reference ``970.7103-3 and 970.7103-5'' to read ``970.5203-3'' in
paragraph (a).
295. At 970.7104-24, in the first paragraph, revise ``FAR Subpart
28.3'' to read ``28.102-2'' and revise ``DEAR Subpart 928.3'' to read
``928.1.''
296. At 970.7104-25, remove ``paragraphs (f) and (g) of''.
297. At 970.7104-27, revise ``Audits'' to read ``audits'' at
paragraph (a)(2).
298. At 970.7104-28, remove, in paragraph (c), the words ``dated
December 12, 1983,'' and revise the reference ``936.7102'' to read
``936.73'' at paragraph (d).
299. At 970.7107, revise ``Business Clearance Division,
Headquarters'' to read ``Office of Clearance and Support, in the
Headquarters procurement organization'' at paragraphs (e), (f), and
(g).
300. At 970.7108, insert ``The'' before ``Heads'' in the first
sentence of paragraph (a); insert ``The'' before ``Heads'' at paragraph
(c); and, insert ``The'' before ``Heads'' in paragraph (h).
PART 971--REVIEW AND APPROVAL OF CONTRACT ACTIONS
301. At 971.101, add ``the'' before ``Heads'' and revise ``of'' to
read ``or'' between the words ``settlements'' and ``terminations''.
302. At 971.102, insert ``The'' before ``Heads'' and revise
``Controller'' to read ``Chief Financial Officer, Headquarters''.
303. At 971.103, revise ``Business Clearance Division,
Headquarters'' to read ``Office of Clearance and Support, within the
Headquarters procurement organization'' at paragraph (a) introductory
text and (b).
304. At 971.202, revise ``Each Head of Contracting Activity'' to
read ``The Head of the Contracting Activity, at each DOE contracting
activity,''.
[FR Doc. 94-3385 Filed 2-24-94; 8:45 am]
BILLING CODE 6450-01-P
