[Federal Register Volume 59, Number 131 (Monday, July 11, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-16701]
[[Page Unknown]]
[Federal Register: July 11, 1994]
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DEPARTMENT OF ENERGY
48 CFR Parts 926, 952, and 970
[Regulatory Information Number: 1991-AB11]
Acquisition Regulation: Implementation of Section 3021 of the
Energy Policy Act of 1992
AGENCY: Department of Energy (DOE).
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Department of Energy proposes to amend the Department of
Energy Acquisition Regulation (DEAR) to establish DOE policies and
procedures for establishing a program to achieve a ten percent goal for
awards of prime contracts and subcontracts for specific types of
universities and of small disadvantaged concerns, including women-owned
businesses, in the implementation of section 3021 of the Energy Policy
Act of 1992.
DATES: Written comments on this proposed rule must be received by
September 9, 1994.
ADDRESSES: Comments should be addressed to: Robert M. Webb, Office of
Policy (HR-521), Office of Procurement and Assistance Management, U.S.
Department of Energy, 1000 Independence Avenue, SW., Washington, D.C.
20585.
FOR FURTHER INFORMATION CONTACT: Robert M. Webb, Office of Policy (HR-
521), Office of Procurement and Assistance Management, U.S. Department
of Energy, Washington, D.C. 20585, (202) 586-8264.
SUPPLEMENTARY INFORMATION:
I. Background
A. Discussion
B. Section-by-Section Analysis
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
III. Public Comment
A. Public Hearing
B. Public Comments
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, historically Black colleges and universities, or colleges and
universities having a student body in which more than 20 percent of the
students are Hispanic Americans or Native Americans.
DOE today proposes to amend the DEAR to establish DOE policies and
procedures for implementing section 3021 of the Energy Policy Act. The
proposed amendments would add a new Part 926, Other Socioeconomic
Programs, as the primary regulatory coverage concerning section 3021
requirements. Part 952 would also be amended to add solicitation
provisions and contract clauses needed to effect section 3021
requirements in procurement actions. Finally, Part 970 would be amended
to address the application of section 3021 to DOE management and
operating (M&O) contracts. The specific amendments to the DEAR needed
to implement the requirements of section 3021 of the Energy Policy Act
are described below. This rulemaking provides changes to the DEAR that
will supersede an earlier internal DOE directive that provided guidance
to DOE employees on the implementation of section 3021.
The policies implementing the legislation are tailored to achieve
the intent of Congress in enacting section 3021, but they go beyond
previous contracting and subcontracting mechanisms which have been used
to meet participation goals for small disadvantaged business DOE
contracts and subcontracts. DOE interprets section 3021 of EPACT as
requiring the accomplishment of expanded contracting and subcontracting
goals and as providing DOE with the discretion to find appropriate
methods to do this.
DOE believes that its approach to implementing the requirements of
section 3021 is consistent with both the intent of the Congress in
passing the legislation and the long-standing policies of the
Government to place a fair proportion of contracts with small
businesses and small disadvantaged business and to offer maximum
practicable opportunity to those organizations to participate as
subcontractors.
B. Section-by-Section Analysis
The regulations at 48 CFR Part 9 are proposed to be amended to add
a new part 926, Other Socioeconomic Programs, consisting of Subpart
926.70, Implementation of Section 3021 of the Energy Policy Act of
1992.
A section 926.7001 is proposed to state DOE policy, as set forth in
section 3021 of the Energy Policy Act, concerning the award of
contracts and subcontracts to organizations meeting the three target
group designations. In addition, this section would establish the
primary mechanisms that DOE would use in meeting its Energy Policy Act
10 percent goal through the competitive procurement process, as
follows:
1. Competitive Energy Policy Act requirements set aside for small
disadvantaged businesses, including women-owned businesses, under the
Section 8(a) program; and
2. Competitive awards that provide an evaluation preference to
offerors from among one of the three Energy Policy Act target groups.
A section 926.7002 is proposed to establish that the requesting
organization has the principal obligation to identify which
procurements are subject to the Energy Policy Act. In that
determination, a program office would use as its standard whether the
instant requirement directly satisfies an Energy Policy Act program or
requirement.
A section 926.7003 is proposed to direct the use of DOE Small
Business/Labor Surplus Area Set-Aside and 8(a) Program Review
Procedures as a mechanism to ensure that full consideration be given to
identifying entities from among the Energy Policy Act target groups.
A section 926.7004 is proposed to recognize the statutory change
(as set forth in section 3021(b) of the Energy Policy Act) to the size
standard for engineering services under Energy Policy Act procurements.
A section 926.7005 is proposed to create an evaluation preference
to be used in competitive procurements for Energy Policy Act
requirements, where such procurements have not been conducted under
Section 8(a) competitive procedures. The evaluation preference would
take the form of an evaluation criterion providing that award shall be
made to an entity from among the Energy Policy Act target groups where
such entity is among those under consideration for final selection and
is ranked as essentially equal to the best other proposal.
Also, at section 926.7005 it is proposed to provide consideration
of the proposer's subcontracting opportunities to entities from among
the Energy Policy Act target groups as part of the business management
proposal evaluation and, in Energy Policy Act requirements valued at
more than $500,000, as part of the evaluation of the Small Business and
Small Business Subcontracting Plan.
A section 926.7006 is proposed to provide guidance on reporting
requirements needed to measure DOE performance in meeting the 10
percent Energy Policy Act goal. In addition, this section identifies
the types of contract awards that will be counted toward the DOE goal.
Instructions pertaining to the use of solicitation provisions and
contract clauses relating to DOE section 3021 implementation are
proposed to be contained in section 926.7007. The text of the
solicitation provisions and contract clauses relating to DOE
implementation of section 3021 are provided in Subpart 952.2.
A solicitation provision is proposed at 952.226-70, entitled
Subcontracting goals under section 3021(a) of the Energy Policy Act of
1992 (Pub. L. 102-486), to set out the subcontracting evaluation
preference. Most importantly, the provision requires offerors, that are
not one of the three section 3021 target groups, to propose individual
subcontracting goals for each of the three target groups. In addition,
the provision explains how the evaluation preference will be applied.
A contract clause at 952.226-72 is proposed to be added to
facilitate implementation of the subcontracting program goals and
reporting requirements.
A clause is proposed to be added at section 952.226-73, entitled
Energy Policy Act Target Group Certification, establishing the
certification to be used by entities from among the Energy Policy Act
target groups to clearly establish their qualification.
Use of the clause at FAR 52.219-14 in all awards to entities from
among the Energy Policy Act target groups would place a contractual
limitation on the amount of subcontracting that can be used by a
minority college or university or a woman-owned business in performance
of a contract for an Energy Policy Act requirement. The limitation,
which restricts subcontracted effort to less than 50 percent of the
cost incurred for personnel, mirrors a similar provision now applied to
small disadvantaged business under the Federal acquisition system.
Subpart 970.26 provides guidance on the application of section 3021
to M&O contracts which may be used to accomplish DOE responsibilities
under the Energy Policy Act.
III. 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 proposed rule would, when adopted as a final rule, have no
preemptive effect; will not have any effect on existing Federal laws;
and would only clarify the existing regulations on this subject. The
revised clauses would apply only to contracts which would be awarded
after the effective date of the final rule, and, thus, would have no
retroactive effect. Therefore, DOE certifies that this proposed rule
meets the requirements of sections 2(a) and (b) of Executive Order
12778.
C. Review Under the Regulatory Flexibility Act
This proposed rule was reviewed under the Regulatory Flexibility
Act of 1980, Pub. L. 96-354, which 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 national 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 proposed rule, when finalized, 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
(categorical exclusion A5) that are categorically excluded from NEPA
review because they would not individually or cumulatively have
significant impact on the human environment, as determined by the
Department's regulations (10 CFR Part 1021, Subpart D) implementing the
National Environmental Policy Act of 1969 (42 U.S.C. 4321, 4331-4335,
4341-4347 (1976)). Therefore, this rule does not require an
environmental impact statement or an environmental assessment pursuant
to NEPA.
IV. Public Comment
A. Public Hearing
The Department has concluded that this proposed rule does not
involve a substantial issue of fact or law and that the rule should not
have a substantial impact on the nation's economy or large numbers of
individuals or businesses. Therefore, pursuant to Pub. L. 95-91, the
DOE Organization Act, and the Administrative Procedures Act (5 U.S.C.
553), the Department does not plan to hold a public hearing on this
proposed rule.
B. Public Comments
Interested persons are invited to participate by submitting data,
views or arguments with respect to the proposed DEAR amendments set
forth in this notice. Three copies of written comments should be
submitted to the address indicated in the ``ADDRESS'' section of this
notice. All comments received will be available for public inspection
in the DOE Reading Room, 1E-190, Forrestal Building, 1000 Independence
Avenue, SW., Washington, D.C. 20585, between the hours of 9:00 a.m. and
4:00 p.m., Monday through Friday, except Federal holidays.
All written comments received within the comment period will be
carefully considered prior to publication of this proposed amendment as
a final rule. Any person submitting information which that person
believes to be confidential and which may be exempt from public
disclosure should submit one complete copy, as well as an additional
copy from which the information claimed to be confidential has been
deleted. DOE reserves the right to determine the confidential status of
the information or data and to treat it according to its determination.
The generally applicable procedures of DOE for handling information
that has been submitted in a document and may be exempt from public
disclosure, are set forth in 10 CFR 1004.11.
List of Subjects in 48 CFR Parts 926, 952, and 970
Government procurement.
Issued in Washington, DC, on June 6, 1994.
Richard H. Hopf,
Deputy Assistant Secretary for Procurement and Assistance Management.
For the reasons set forth in the Preamble, 48 CFR Chapter 9 is
proposed to be 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
Sec.
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) Pursuant to section 3021(a) of the Energy Policy Act of 1992
(Pub. L. 102-486), the Department of Energy (DOE) shall, to the extent
practicable, provide that not less than 10 percent of the total
combined amounts obligated for contracts and subcontracts pursuant to
competitive procedures 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) DOE shall vigorously pursue the objectives of section 3021 of
the Energy Policy Act in the award of contracts and subcontracts to the
Energy Policy Act target groups.
(d) The DOE implementation of the requirements of section 3021 with
regard to the award of Energy Policy Act procurements consists of the
following, ranked in descending order of preference:
(1) Competitive awards to small disadvantaged businesses, including
women-owned businesses, for Energy Policy Act requirements under the
Small Business Administration's section 8(a) program;
(2) Competitive awards that provide an evaluation preference, in
accordance with 926.7006, to offerors from the Energy Policy Act target
groups.
(e) The DOE implementation of section 3021 requirements with regard
to the award of subcontracts under Energy Policy Act procurements is
discussed at 926.7006.
(f) Competitive procedures, for purposes of Energy Policy Act
implementation, are competitive procedures in accordance with FAR 15.6
and DEAR 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 small
purchase threshold shall provide for an evaluation preference for
offers received 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 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 small purchase
threshold contain:
(i) A solicitation provision providing for consideration, as part
of the evaluation of the business management proposal, 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) The contracting officer shall assure that all competitive
Energy Policy Act procurements expected to exceed $500,000 ($1,000,000
for construction) include:
(i) A solicitation provision providing for consideration of the
extent to which the offeror has provided for subcontracting
opportunities to entities from among the Energy Policy Act target
groups before award as part of the effort, and
(ii) 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 competitive section 8(a) award;
(2) Any competitive award to one of the three target groups under
an unrestricted procurement;
(3) Any award to one of the three target groups conducted under
small purchase procedures; and,
(4) 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
the 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 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
EPACT requirements with an award value in excess of $25,000 but not in
excess of $500,000 ($1,000,000 in the case of construction).
(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 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:
Subpart 952.2--Text of Provisions and Clauses
* * * * *
Sec.
952.226-70 Subcontracting goals under section 3021(a) of the Energy
Policy Act of 1992.
952.226-71 Utilization of Energy Policy Act target entities.
952.226-72 Energy Policy Act subcontracting goals and reporting
requirements.
952.226-73 Energy Policy Act target group certification.
* * * * *
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) (XXX 199X)
(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 602.2(a), and has a student enrollment that consists of at
least 20 percent:
(i) Mexican American, Puerto Rican, Cuban, or other Hispanic
students, or any combination thereof, or
(ii) American Indian, Eskimos, Aleuts, 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.
(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 (XXX 199X)
(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 602.2(a), and has a student enrollment that
consists of at least 20 percent:
(i) Mexican American, Puerto Rican, Cuban, or other Hispanic
students, or any combination thereof, or populations for Hispanic
Americans, or
(ii) American Indian, Eskimos, Aleuts, 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.
(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 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 (XXX
199X)
(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 602.2(a), and has a student enrollment that
consists of at least 20 percent:
(i) Mexican American, Puerto Rican, Cuban, or other Hispanic
students, or any combination thereof, or populations for Hispanic
Americans, or
(ii) American Indian, Eskimos, Aleuts, 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.
(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 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 will 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(e), insert the following provision:
Energy Policy Act Target Group Certification (XXX 199X)
(a) Certification. The offeror certifies that it is:
(1) ______ An institution of higher education that meets the
requirements of 34 CFR 602.2(a), and has a student enrollment that
consists of at least 20 percent:
(i) Mexican American, Puerto Rican, Cuban, or other Hispanic
students, or any combination thereof, or populations for Hispanic
Americans, or
(ii) American Indian, Eskimos, Aleuts, native Hawaiians, or any
combination thereof; or
(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 M&O 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. 94-16701 Filed 7-8-94; 8:45 am]
BILLING CODE 6450-01-P
