75000 Federal Register / Vol. 69, No. 240 / Wednesday, December 15, 2004 / Rules and Regulations 

(1) Whether all costs reimbursed to the 

mentor firm under the agreement were 

reasonably incurred to furnish assistance to 

the prote ́ge ́ in accordance with the mentorprote ́ge ́ agreement and applicable regulations 

and procedures; and 

(2) Whether the mentor and prote ́ge ́

accurately reported progress made by the 

prote ́ge ́ in employment, revenues, and 

participation in DoD contracts during the 

Program participation term and for 2 fiscal 

years following the expiration of the Program 

participation term. 

(b) A checklist for annual performance 

reviews is available at http://

www.acq.osd.mil/sadbu/mentor_protege.

[FR Doc. 04–27351 Filed 12–14–04; 8:45 am] 

BILLING CODE 5001–08–P

DEPARTMENT OF DEFENSE

48 CFR Part 236 

[DFARS Case 2003–D035] 

Defense Federal Acquisition 

Regulation Supplement; Construction 

and Architect-Engineer Services

AGENCY: Department of Defense (DoD).

ACTION: Final rule.

SUMMARY: DoD has issued a final rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to update text pertaining to 

selection of firms for architect-engineer 

contracts. This rule is a result of a 

transformation initiative undertaken by 

DoD to dramatically change the purpose 

and content of the DFARS.

EFFECTIVE DATE: December 15, 2004.

FOR FURTHER INFORMATION CONTACT: Mr. 

Euclides Barrera, Defense Acquisition 

Regulations Council, 

OUSD(AT&L)DPAP(DAR), IMD 3C132, 

3062 Defense Pentagon, Washington, DC 

20301–3062. Telephone (703) 602–0296; 

facsimile (703) 602–0350. Please cite 

DFARS Case 2003–D035.

SUPPLEMENTARY INFORMATION: 

A. Background 

DFARS Transformation is a major 

DoD initiative to dramatically change 

the purpose and content of the DFARS. 

The objective is to improve the 

efficiency and effectiveness of the 

acquisition process, while allowing the 

acquisition workforce the flexibility to 

innovate. The transformed DFARS will 

contain only requirements of law, DoDwide policies, delegations of FAR 

authorities, deviations from FAR 

requirements, and policies/procedures 

that have a significant effect beyond the 

internal operating procedures of DoD or 

a significant cost or administrative 

impact on contractors or offerors. 

Additional information on the DFARS 

Transformation initiative is available at 

http://www.acq.osd.mil/dp/dars/

transf.htm.

This final rule is a result of the 

DFARS Transformation initiative. The 

changes in this rule—

∑ Revise DFARS 236.602–1 to remove 

procedures for establishment of 

evaluation criteria in the selection of 

firms for architect-engineer contracts. 

This text has been relocated to the new 

DFARS companion resource, 

Procedures, Guidance, and Information 

(PGI), available at http://

www.acq.osd.mil/dpap/dars/pgi.

∑ Remove unnecessary text on 

preselection boards and selection 

authorities at DFARS 236.602–2 and 

236.602–4. 

∑ Amend DFARS 236.604 to reflect 

replacement of Standard Form 254, 

Architect—Engineer and Related 

Services Questionnaire, with Standard 

Form 330, Architect-Engineer 

Qualifications. 

DoD published a proposed rule at 69 

FR 35568 on June 25, 2004. DoD 

received no comments on the proposed 

rule. Therefore, DoD has adopted the 

proposed rule as a final rule without 

change. 

This rule was not subject to Office of 

Management and Budget review under 

Executive Order 12866, dated 

September 30, 1993. 

B. Regulatory Flexibility Act 

DoD certifies that this final rule will 

not have a significant economic impact 

on a substantial number of small entities 

within the meaning of the Regulatory 

Flexibility Act, 5 U.S.C. 601, et seq., 

because the changes in the rule 

represent no substantive change to 

policy with regard to selection of firms 

for architect-engineer contracts. 

C. Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply because the rule does not 

impose any information collection 

requirements that require the approval 

of the Office of Management and Budget 

under 44 U.S.C. 3501, et seq.

List of Subjects in 48 CFR Part 236 

Government procurement.

Michele P. Peterson, 

Executive Editor, Defense Acquisition 

Regulations Council.

■ Therefore, 48 CFR Part 236 is amended 

as follows:

■ 1. The authority citation for 48 CFR 

Part 236 continues to read as follows:

Authority: 41 U.S.C. 421 and 48 CFR 

Chapter 1.

PART 236—CONSTRUCTION AND 

ARCHITECT-ENGINEER CONTRACTS

■ 2. Section 236.602–1 is revised to read 

as follows:

236.602–1 Selection criteria. 

(a) Establish the evaluation criteria 

before making the public announcement 

required by FAR 5.205(c) and include 

the criteria and their relative order of 

importance in the announcement. 

Follow the procedures at PGI 236.602–

1(a).

236.602–2 and 236.602–4 [Removed]

■ 3. Sections 236.602–2 and 236.602–4 

are removed.

■ 4. Section 236.604 is amended by 

revising paragraph (c)(ii) to read as 

follows:

236.604 Performance evaluation.

* * * * *

(c) * * * 

(ii) File and use the DD Form 2631, 

Performance Evaluation (ArchitectEngineer), in a manner similar to the SF 

330, Architect-Engineer Qualifications, 

Part II.

[FR Doc. 04–27350 Filed 12–14–04; 8:45 am] 

BILLING CODE 5001–08–P

DEPARTMENT OF DEFENSE

48 CFR Part 237 

[DFARS Case 2003–D107] 

Defense Federal Acquisition 

Regulation Supplement; Firefighting 

Services Contracts

AGENCY: Department of Defense (DoD).

ACTION: Final rule.

SUMMARY: DoD has adopted as final, 

without change, an interim rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to implement Section 331 of 

the National Defense Authorization Act 

for Fiscal Year 2004. Section 331 

provides authority for contractor 

performance of firefighting functions at 

military installations or facilities for 

periods of one year or less, if the 

functions would otherwise have to be 

performed by members of the armed 

forces who are not readily available due 

to a deployment.

EFFECTIVE DATE: December 15, 2004.

FOR FURTHER INFORMATION CONTACT: Ms. 

Robin Schulze, Defense Acquisition 

Regulations Council, OUSD (AT&L) 

DPAP (DAR), IMD 3C132, 3062 Defense 

Pentagon, Washington, DC 20301–3062. 

Telephone (703) 602–0326; facsimile 

(703) 602–0350. Please cite DFARS Case 

2003–D107.

Federal Register / Vol. 69, No. 240 / Wednesday, December 15, 2004 / Rules and Regulations 75001

SUPPLEMENTARY INFORMATION:

A. Background 

DoD published an interim DFARS 

rule at 69 FR 35532 on June 25, 2004, 

to implement Section 331 of the 

National Defense Authorization Act for 

Fiscal Year 2004 (Pub. L. 108–136). 

Section 331 amended 10 U.S.C. 2465 to 

permit the award of contracts for 

firefighting functions at military 

installations or facilities, for periods of 

one year or less, if the functions would 

otherwise have to be performed by 

members of the armed forces who are 

not readily available by reason of a 

deployment. DoD received no comments 

on the interim rule. Therefore, DoD has 

adopted the interim rule as a final rule 

without change. 

This rule was not subject to Office of 

Management and Budget review under 

Executive Order 12866, dated 

September 30, 1993. 

B. Regulatory Flexibility Act 

DoD certifies that this final rule will 

not have a significant economic impact 

on a substantial number of small entities 

within the meaning of the Regulatory 

Flexibility Act, 5 U.S.C. 601, et seq., 

because application of the rule is 

limited to firefighting functions at 

military installations or facilities for 

periods of one year or less, when 

members of the armed forces are not 

readily available to perform the 

functions due to a deployment. 

C. Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply, because the rule does not 

impose any information collection 

requirements that require the approval 

of the Office of Management and Budget 

under 44 U.S.C. 3501, et seq.

List of Subjects in 48 CFR Part 237 

Government procurement.

Michele P. Peterson, 

Executive Editor, Defense Acquisition 

Regulations Council.

Interim Rule Adopted as Final Without 

Change

■ Accordingly, the interim rule 

amending 48 CFR Part 237, which was 

published at 69 FR 35532 on June 25, 

2004, is adopted as a final rule without 

change.

[FR Doc. 04–27347 Filed 12–14–04; 8:45 am] 

BILLING CODE 5001–08–P

DEPARTMENT OF ENERGY

48 CFR Parts 909 and 970 

RIN 1991–AB64 

Acquisition Regulation: Work for 

Others

AGENCY: Department of Energy.

ACTION: Interim final rule with request 

for comment. 

SUMMARY: The Department of Energy 

(DOE) is amending the Department of 

Energy Acquisition Regulation (DEAR) 

to provide policy and procedures 

regarding work for non-DOE entities 

performed by DOE contractors who 

manage and operate DOE-owned or 

-leased facilities. The regulation is also 

being revised to make an administrative 

change concerning debarment and 

suspension officials. The contractor 

requirements previously found in DOE 

Order 481.1B, ‘‘Work for Others (NonDepartment of Energy Funded Work),’’

are being relocated to the DEAR to 

ensure that authorization to perform 

non-DOE funded work is provided by 

DOE in a consistent and uniform 

manner. No other change in the DOE’s 

Work for Others policy is being made.

DATES: Effective Date: January 14, 2005. 

Comment Date: Interested persons 

may submit comments on this interim 

final rule by January 14, 2005.

ADDRESSES: This rule is available and 

comments may be submitted on line at 

http://www.regulations.gov. Comments 

may be submitted electronically to 

richard.langston@hq.doe.gov. 

Comments may be mailed to Richard 

Langston, Mail Code ME–61, U.S. 

Department of Energy, 1000 

Independence Avenue, SW., 

Washington, DC 20585 or phone (202) 

287–1339.

FOR FURTHER INFORMATION CONTACT:

Andrew Geary, U.S. Department of 

Energy, Office of Procurement and 

Assistance Management, ME–62, 1000 

Independence Avenue, SW., 

Washington, DC 20585 at (202) 287–

1507 or electronically at 

andrew.geary@hq.doe.gov.

SUPPLEMENTARY INFORMATION:

I. Background. 

II. Section-by-Section Analysis. 

III. Procedural Requirements. 

A. Review Under Executive Order 12866. 

B. Review Under Executive Order 12988. 

C. Review Under the Regulatory Flexibility 

Act. 

D. Review Under the Paperwork Reduction 

Act. 

E. Review Under the National 

Environmental Policy Act. 

F. Review Under Executive Order 13132. 

G. Review Under the Unfunded Mandates 

Reform Act of 1995. 

H. Review Under the Treasury and General 

Government Appropriations Act, 1999. 

I. Review Under the Small Business 

Regulatory Enforcement Fairness Act of 

1996. 

J. Review Under Executive Order 13211. 

K. Review Under the Treasury and General 

Government Appropriations Act, 2001. 

L. Approval by the Office of the Secretary 

of Energy.

I. Background 

DOE, including the National Nuclear 

Security Administration (NNSA), owns 

or sponsors major scientific research 

and development, and manufacturing 

facilities throughout the United States 

that are managed and operated by 

contractors. DOE permits these 

contractors to perform non-DOE work 

for other Federal agencies and nonFederal entities on a fully reimbursable 

basis when such work is authorized by 

law and the work requires DOE’s unique 

technologies and capabilities. 

Performance of this work is 

conducted under DOE’s Work for Others 

Program. The Work for Others Program 

makes available for use special or 

unique services or facilities that are 

otherwise unavailable in the private 

sector. The Work for Others Program 

requires that funding for Work for 

Others projects be provided by a nonDOE sponsor. Performance of this work 

has allowed DOE and its management 

and operating contractors to assist other 

Federal agencies in accomplishing their 

missions and has provided assistance to 

non-Federal entities to solve complex 

and challenging technological issues. 

DOE allows such work to be 

conducted by contractors provided that: 

(1) DOE’s laboratories and facilities do 

not compete directly with the domestic 

private sector; 

(2) The acceptance and performance 

of work complies with applicable 

statutes and regulations; 

(3) Work is fully funded by the nonDOE entity requesting work to be 

performed; and, 

(4) The work to be performed is 

consistent with or complimentary to 

DOE missions and the missions of the 

facility where the work will be 

performed. 

The purpose of this rule is to establish 

a uniform contract clause that will 

provide authority to DOE’s management 

and operating contractors to perform 

fully reimbursable work under the terms 

and conditions set forth in their 

contracts. 

This rule amends Part 970 of the 

DEAR which governs DOE contracts 

with entities that manage and operate 

DOE-owned or -leased facilities. The 

rule applies to contracts when the 

contractor performs fully reimbursable