28772 Federal Register / Vol. 75, No. 99 / Monday, May 24, 2010 / Proposed Rules 

CACs were not adequately accounted for 

after contract performance. 

The Councils are proposing to amend 

the FAR by inserting new paragraphs 

(d)(1) and (2) under section 4.1301, 

Policy. Paragraph (d)(1) will provide 

policy on recovering PIVs. The text in 

paragraph (d)(1) states that agency 

procedures shall ensure that 

Government contractors account for all 

forms of Government-provided 

identification issued to Government 

contractors under a contract, and return 

such identification to the issuing agency 

at the earliest of any of the following, 

unless otherwise determined by the 

agency: when no longer needed for 

contract performance; upon completion 

of a contractor employee’s employment; 

upon contract completion or 

termination. The text in paragraph (d)(2) 

states that the contracting officer may 

delay final payment under a contract if 

the contractor fails to comply with these 

requirements. 

The Councils are also proposing to 

modify FAR clause 52.204–9, Personal 

Identity Verification of Contractor 

Personnel to be consistent with Part 4. 

This is not a significant regulatory 

action and, therefore, was not subject to 

review under Section 6(b) of Executive 

Order 12866, Regulatory Planning and 

Review, dated September 30, 1993. This 

rule is not a major rule under 5 U.S.C. 

804. 

B. Regulatory Flexibility Act 

The Councils do not expect this 

proposed rule to 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 

requirements of the actions required and 

the clause are not significantly 

burdensome. Currently, it is a common 

business practice to have procedures in 

place to revoke/return access cards 

when no longer in use by the contractor. 

An Initial Regulatory Flexibility 

Analysis has, therefore, not been 

performed. We invite comments from 

small businesses and other interested 

parties. The Councils will consider 

comments from small entities 

concerning the affected FAR Parts 4 and 

52 in accordance with 5 U.S.C. 610. 

Interested parties must submit such 

comments separately and should cite 5 

U.S.C. 601, et seq. (FAR case 2009–027), 

in correspondence. 

C. Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply because the proposed changes 

to the FAR do not impose information 

collection requirements that require the 

approval of the Office of Management 

and Budget under 44 U.S.C. Chapter 35, 

et seq. 

List of Subjects in 48 CFR Parts 4 and 

52 

Government procurement. 

Dated: May 17, 2010. 

Edward Loeb, 

Acting Director, Acquisition Policy Division. 

Therefore, DoD, GSA, and NASA 

propose amending 48 CFR parts 4 and 

52 as set forth below: 

1. The authority citation for 48 CFR 

parts 4 and 52 continues to read as 

follows: 

AUTHORITY: 40 U.S.C. 121(c); 10 U.S.C. 

chapter 137; and 42 U.S.C. 2473(c). 

PART 4—ADMINISTRATIVE MATTERS 

2. Amend section 4.1301 by adding 

paragraphs (d)(1) and (d)(2) to read as 

follows: 

4.1301 Policy. 

* * * * * 

(d)(1) Agency procedures shall ensure 

that Government contractors account for 

all forms of Government-provided 

identification issued to Government 

contractors under a contract, i.e., the 

Personal Identity Verification (PIV) 

cards or other similar badges, and shall 

ensure that contractors return such 

identification to the issuing agency as 

soon as any of the following occurs, 

unless otherwise determined by the 

agency: 

(i) When no longer needed for 

contract performance. 

(ii) Upon completion of a contractor 

employee’s employment. 

(iii) Upon contract completion or 

termination. 

(2) The contracting officer may delay 

final payment under a contract if the 

contractor fails to comply with these 

requirements. 

PART 52—SOLICITATION PROVISIONS 

AND CONTRACT CLAUSES 

3. Amend section 52.204–9 by: 

a. Revising the date of the clause; 

b. Redesignating paragraph (b) as 

paragraph (d), and adding new 

paragraphs (b) and (c); and revising the 

newly designated paragraph (d). 

The added and revised text reads as 

follows: 

52.204–9 Personal Identity Verification of 

Contractor Personnel. 

* * * * * 

PERSONAL IDENTITY VERIFICATION OF 

CONTRACTOR PERSONNEL (DATE) 

(b) The Contractor shall account for 

all forms of Government-provided 

identification issued to the Contractor 

under this contract. The contractor shall 

return such identification to the issuing 

agency at the earliest of any of the 

following, unless otherwise determined 

by the Government: 

(1) When no longer needed for 

contract performance. 

(2) Upon completion of the Contractor 

employee’s employment. 

(3) Upon contract completion or 

termination. 

(c) The contracting officer may delay 

final payment under a contract if the 

contractor fails to comply with these 

requirements. 

(d) The Contractor shall insert the 

substance of this clause, including this 

paragraph (d), in all subcontracts when 

the subcontractor is required to have 

routine physical access to a Federallycontrolled facility and/or routine access 

to a Federally-controlled information 

system. 

(End of clause) 

[FR Doc. 2010–12334 Filed 5–21–10; 8:45 am] 

BILLING CODE 6820–EP–S 

DEPARTMENT OF ENERGY 

48 CFR Parts 904, 952 and 970 

RIN 1991–AB85 

Acquisition Regulation: Access to and 

Ownership of Records 

AGENCY: Department of Energy. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Department of Energy 

(DOE) is proposing to amend the 

Department of Energy Acquisition 

Regulation (DEAR) to revise the 

applicability and the policies and 

procedures involving the access to and 

ownership of records. Much work at 

DOE facilities is performed by 

contractor and subcontractor personnel 

and involves hazardous materials or the 

possibility of exposure to radioactive 

materials. It is necessary for the 

contractors and subcontractors to 

maintain extensive records for the 

Government involving these workers 

and processes, in particular, personnel; 

facility; occupational safety and health; 

environment; and medical records. DOE 

is proposing to amend these clauses for 

consistent inclusion in all applicable 

contracts, not just management and 

operating (M&O) contracts, based on the 

type of work being performed, to ensure 

preservation and Government 

ownership of records. Additionally, the 

proposed revisions address 

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inconsistencies relating to DOE 

contractor and subcontractor efforts in 

managing records in accordance with 

DOE retention requirements. The 

proposed revisions are being made to 

establish consistent records 

maintenance, retention, and disposal; 

and to ensure certain records generated 

on groups of individuals in the 

performance of the contract are 

maintained as DOE Privacy Act Systems 

of Records. 

DATES: Written comments on the 

proposed rulemaking must be received 

on or before close of business June 23, 

2010. 

ADDRESSES: This proposed rule is 

available and comments may be 

submitted to the Federal Electronic 

Rulemaking Portal at http:// 

www.regulations.gov. Comments may 

also be submitted electronically to 

Richard.Langston@hq.doe.gov 

Comments may be mailed to: Richard 

Langston, Procurement Policy Analyst; 

MA–61; U. S. Department of Energy; 

1000 Independence Avenue, SW.; 

Washington, DC 20585. 

FOR FURTHER INFORMATION CONTACT: 

Richard Langston at 202–287–1339 or 

Richard.Langston@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 Executive Order 13211 

J. Review Under the Treasury and General 

Government Appropriations Act, 2001 

K. Approval by the Office of the Secretary 

of Energy 

I. Background 

The Access to and Ownership of 

Records clause, at 48 CFR 970.5204–3, 

raises a number of concerns, including 

the lack of inclusion of the clause in 

non-M&O contracts; records systems 

identified as contractor-owned may not 

be operated and records may not be 

maintained appropriately as Privacy Act 

Systems of Records and for the required 

retention period; and the need for the 

Government to maintain personnel; 

facility; occupational safety and health; 

environment; and medical records on 

contractors and subcontractors longterm based on NARA-approved DOE 

Records Disposition Schedules and to 

support the Energy Employees 

Occupational Illness Compensation 

Program Act (EEOICPA), the DOE 

Former Worker Medical Screening 

Program (FWP) and other records 

requests. 

In light of the fact that most of the 

DOE sites have been in existence for as 

many as 60 years, there are inherent 

variations in quality, complexity, and 

completeness of recordkeeping 

practices. While DOE cannot recreate 

records that no longer exist, it is vital 

that DOE preserve ownership of, and 

access to, records in accordance with 

laws and regulations. In particular 

preservation of records that are vital to 

the safety, health and well being of past, 

present and future workers and the 

surrounding communities. 

The proposed revisions address 

inclusion of the clause in all applicable 

contracts, not just M&O contracts, based 

on the type of work being performed, 

provides clarity to the DOE contractor 

and subcontractor on their records 

management responsibilities, in 

particular the maintenance, retention, 

disposition, and Government ownership 

of records [see 44 U.S.C. chapters 21, 29, 

31, 33, and 35, and 36 CFR chapter 12, 

subchapter B], including operating and 

maintaining records as DOE Privacy Act 

Systems of Records [FAR 52–224–2]; 

ensures preservation and ownership of 

personnel, facility; occupational safety 

and health, environment, medical 

records [see 10 CFR part 850, 10 CFR 

part 851, 29 CFR part 1904, and 29 CFR 

part 1910] and facility records required 

for decision-making and in support of 

the administration of the EEOICPA 

allows for DOE to identify and contact 

individuals in the future for 

participation in the FWP; and to meet 

other future records requests. 

These revisions will also serve to 

stress the importance of complete and 

accurate documentation and proper 

recordkeeping to adequately document 

Government funded activities, preserve 

institutional memory, protect the legal 

and financial rights of the Government, 

and preserve worker and facility records 

to ensure records are available to the 

Government when needed. 

II. Section-by-Section Analysis 

The Department proposes to amend 

the DEAR as follows. 

1. Subpart 904.7—The clause 

applicability specification for Contractor 

Records Retention at 904.702 has been 

revised to update the name of the 

Integration of Environment, Safety and 

Health into Work Planning and 

Execution clause, delete the reference to 

the obsolete Nuclear Safety clause, add 

a requirement to include the Access to 

and Ownership of Records clause, and 

specifically reference the ‘‘DOE Records 

Disposition Schedules’’ in applicable 

DOE Directives. These changes are being 

made to ensure that all contracts that 

generate records include the 

requirements of the Access to and 

Ownership of Records clause to ensure 

Government ownership and access to 

these records and to establish consistent 

records management practices in the 

retention of records. 

2. Section 952.223–75—DOE added 

language to the preservation of 

individual occupational radiation 

exposure records that requires such 

records be operated and maintained by 

contractors as a DOE Privacy Act 

Systems of Records (i.e., as DOE–35 

Personnel Radiation Exposure Records) 

and emphasizes the requirement to 

maintain these records in accordance 

with the NARA-approved DOE Records 

Disposition Schedules. 

3. Section 970.0407–1–3—The 

prescription of the Access to and 

Ownership of Records clause has been 

expanded to require inclusion in more 

than just M&O contracts, but must also 

be included in contracts that contain the 

Integration of Environment, Safety, and 

Health into Work Planning and 

Execution clause at 48 CFR 952.223–71, 

and the Radiation Protection and 

Nuclear Criticality clause at 48 CFR 

952.223–72. This change is made to 

ensure that the Access to and 

Ownership of Records clause is 

included consistently in all applicable 

contracts based on the type of work 

being performed (e.g., work that exposes 

personnel to hazardous material, 

radiation or long-term health issues), 

not just M&O contracts. In addition, the 

FAR Privacy Act clause at 48 CFR 

52.224–2 must also be included in all 

contracts that include the Access to and 

Ownership of Records clause as records 

systems are to be operated, and records 

generated on groups of individuals in 

the performance of the contract are to be 

maintained by the contractor as a DOE 

Privacy Act Systems of Records. 

4. Section 970.5204–3(a)—Language 

was added to require contractors to 

operate and maintain certain records 

classified as Government-owned records 

as DOE Privacy Act Systems of Records 

as determined by the Contracting 

Officer. The Contracting Officer will 

tailor the list of Government-owned 

records to be operated and maintained 

by the contractor as Privacy Act Systems 

of Records using DOE’s most recent 

compilation of the Privacy Act Systems 

of Records (see 74 FR 994, January 9, 

2009). 

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5. Section 970.5204–3(b)(1)—The 

words ‘‘non-contract related’’ were 

added before the words ‘‘medical/ 

health-related records’’ to make it clear 

that those personnel medical records 

that are not collected by the contractor 

in the direct performance of its contract 

(i.e., corporate wellness programs) could 

be considered separate and distinct from 

contract-related personnel medical 

records. 

6. Section 970.5204–3(b)(2)—The 

words ‘‘internal corporate governance 

records’’ was added to the list of 

confidential contractor financial 

information to make it clear that these 

types of records should be considered to 

be confidential contractor records. 

7. Section 970.5204–3(c)—Language 

was added to clarify the disposition of 

both Government-owned and 

contractor-owned records at contract 

completion or termination. An option 

was added to allow contractors to 

deliver ‘‘original’’ records to the 

Government in lieu of copying these 

records with assurance that the 

contractor will have rights to access and 

copy the records as needed. 

8. Section 970.5204–3(e)—The 

applicability of the Access to and 

Ownership of Records clause was 

modified to make it clear that the 

records maintained by the contractor, 

whether they be Government-owned or 

contractor-owned, include all records in 

the possession of the contractor 

regardless of the date of origin and 

include those records acquired from a 

predecessor contractor. Therefore, this 

paragraph has been updated to not 

specify just particular paragraphs but 

the entire clause. 

9. Section 970.5204–3(f)—The title of 

this paragraph has been modified to 

read ‘‘Records maintenance and 

retention’’ and expanded to more specify 

the contractors records management 

responsibilities for the creation, 

maintenance, and disposition of records 

in accordance with applicable federal 

laws, regulations and DOE Directives. 

The proposed revision provides clear 

direction to the contractor and 

subcontractor on their records 

management responsibilities, in 

particular maintenance, disposition and 

ownership of records. The language was 

also revised to clearly link retention of 

records to the DOE Records Disposition 

Schedules and DOE removed language 

that singles out individual radiation 

exposure records as such records will be 

operated and maintained by the 

contractor as Government-owned DOE 

Privacy Act Systems of Records. 

10. Section 970.5204–3(g)—This 

paragraph is revised to eliminate the $2 

Million threshold for flow down of the 

Access to and Ownership of Records 

clause as its applicability is more 

appropriately determined by the nature 

of the work not the cost of the contract 

(i.e., subcontracts in which contract 

performance exposes personnel to 

hazardous material, radiation, or longterm health issues). Therefore, this 

paragraph has been modified and 

expanded to require inclusion in 

subcontracts that contain the Integration 

of Environment, Safety and Health into 

work Planning and Execution clause at 

952.223–71 or the Radiation Protection 

and Nuclear Criticality clause at 

952.223–72, consistent with the 

prescription for prime contracts in 

DEAR 970.0407–1–3, and the contractor 

records retention applicability in DEAR 

904.702. This paragraph has also been 

modified to include flow down of the 

Privacy Act clause into subcontracts. 

III. Procedural Requirements 

A. Review Under Executive Order 12866 

This 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, this rule is not subject to 

review under the Executive Order by the 

Office of Information and Regulatory 

Affairs (OIRA) within the Office of 

Management and Budget. 

B. Review Under Executive Order 12988 

With respect to the review of existing 

regulations and the promulgation of 

new regulations, Section 3(a) of 

Executive Order 12988, Civil Justice 

Reform, 61 FR 4729 (February 7, 1996), 

imposes on executive agencies the 

general duty to adhere to the following 

requirements: (1) Eliminate drafting 

errors and ambiguity; (2) write 

regulations to minimize litigation; (3) 

provide a clear legal standard for 

affected conduct rather than a general 

standard; and (4) promote simplification 

and burden reduction. With regard to 

the review required by Section 3(a), 

Section 3(b) of Executive Order 12988 

specifically requires that executive 

agencies make every reasonable effort to 

ensure that the regulation: (1) Clearly 

specifies the preemptive effect, if any; 

(2) clearly specifies any effect on 

existing Federal law or regulation; (3) 

provides a clear legal standard for 

affected conduct while promoting 

simplification and burden reduction; (4) 

specifies the retroactive effect, if any; (5) 

adequately defines key terms; and (6) 

addresses other important issues 

affecting clarity and general 

draftsmanship under any guidelines 

issued by the Attorney General. Section 

3(c) of Executive Order 12988 requires 

executive agencies to review regulations 

in light of applicable standards in 

section 3(a) and section 3(b) to 

determine whether they are met or that 

it is unreasonable to meet one or more 

of them. DOE has completed the 

required review and determined that, to 

the extent permitted by law, these 

proposed regulations meet the relevant 

standards of Executive Order 12988. 

C. Review Under the Regulatory 

Flexibility Act 

This proposed rule has been reviewed 

under the Regulatory Flexibility Act, 5 

U.S.C. 601 et seq., which requires 

preparation of an initial regulatory 

flexibility analysis for any rule that 

must be proposed for public comment 

and is likely to have a significant 

economic impact on a substantial 

number of small entities. The proposed 

rule would not have a significant 

economic impact on small entities 

because it imposes no significant 

burdens. 

Accordingly, DOE certifies that this 

proposed rule would 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 Paperwork Reduction 

Act 

This rulemaking contains no new 

information collection or recordkeeping 

requirements. Existing information 

collections imposed by the Department 

of Energy Acquisition Regulation are 

covered by OMB Control Number 1910– 

4100. 

E. Review Under the National 

Environmental Policy Act 

DOE has concluded that promulgation 

of this proposed rule falls into a class of 

actions which would not individually or 

cumulatively have significant impact on 

the human environment, as determined 

by DOE’s regulations (10 CFR part 1021, 

subpart D) implementing the National 

Environmental Policy Act (NEPA) of 

1969 (42 U.S.C. 4321 et seq.). 

Specifically, this proposed rule is 

categorically excluded from NEPA 

review because the amendments to the 

DEAR would be strictly procedural 

(categorical exclusion A6). Therefore, 

this proposed rule does not require an 

environmental impact statement or 

environmental assessment pursuant to 

NEPA. 

F. Review Under Executive Order 13132 

Executive Order 13132 (64 FR 43255, 

August 4, 1999) imposes certain 

requirements on agencies formulating 

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and implementing policies or 

regulations that preempt state law or 

that have federalism implications. 

Agencies are required to examine the 

constitutional and statutory authority 

supporting any action that would limit 

the policymaking discretion of the states 

and carefully assess the necessity for 

such actions. DOE has examined today’s 

proposed rule and has determined that 

it does not preempt state law and does 

not have a substantial direct effect on 

the states, on the relationship between 

the national government and the states, 

or on the distribution of power and 

responsibilities among the various 

levels of government. No further action 

is required by Executive Order 13132. 

G. Review Under the Unfunded 

Mandates Reform Act of 1995 

The Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4) requires a 

federal agency to perform a detailed 

assessment of costs and benefits of any 

rule imposing a federal mandate with 

costs to state, local or tribal 

governments, or to the private sector, of 

$100 million or more in any single year. 

This rulemaking does not impose a 

federal mandate on state, local or tribal 

governments or on the private sector. 

H. Review Under the Treasury and 

General Government Appropriations 

Act, 1999 

Section 654 of the Treasury and 

General Government Appropriations 

Act, 1999 (Pub. L. 105–277), requires 

federal agencies to issue a Family 

Policymaking Assessment for any rule 

or policy that may affect family wellbeing. This rule will have no impact on 

family well being. 

I. Review Under Executive Order 13211 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use (66 FR 28355, May 

22, 2001), requires federal agencies to 

prepare and submit to the OIRA, OMB, 

a Statement of Energy Effects for any 

significant energy action. A ‘‘significant 

energy action’’ is defined as any action 

by an agency that promulgates or is 

expected to lead to promulgation of a 

final rule, and that: (1) Is a significant 

regulatory action under Executive Order 

12866, or any successor order; and (2) 

is likely to have a significant adverse 

effect on the supply, distribution, or use 

of energy, or (3) is designated by the 

Administrator of OIRA as a significant 

energy action. For any significant energy 

action, the agency must give a detailed 

statement of any adverse effects on 

energy supply, distribution, or use 

should the proposal be implemented, 

and of reasonable alternatives to the 

action and their expected benefits on 

energy supply, distribution, and use. 

This proposed rule is not a significant 

energy action. Accordingly, DOE has not 

prepared a Statement of Energy Effects. 

J. Review Under the Treasury and 

General Government Appropriations 

Act, 2001 

The Treasury and General 

Government Appropriations Act, 2001, 

44 U.S.C. 3516, note, provides for 

agencies to review most disseminations 

of information to the public under 

implementing guidelines established by 

each agency pursuant to general 

guidelines issued by OMB. OMB’s 

guidelines were published at 67 FR 

8452 (February 22, 2002), and DOE’s 

guidelines were published at 67 FR 

62446 (October 7, 2002). DOE has 

reviewed today’s notice under the OMB 

and DOE guidelines and has concluded 

that it is consistent with applicable 

policies in those guidelines. 

K. Approval by the Office of the 

Secretary of Energy 

The Office of the Secretary of Energy 

has approved issuance of this proposed 

rule. 

List of Subjects in 48 CFR Parts 904, 

952 and 970 

Government procurement. 

Issued in Washington, DC, on May 18, 

2010. 

Patrick M. Ferraro, 

Acting Director, Office of Procurement and 

Assistance Management, Office of 

Management, Department of Energy. 

Joseph F. Waddell, 

Acting Director, Office of Acquisition and 

Supply Management, National Nuclear 

Security Administration. 

For the reasons set out in the 

preamble, DOE proposes to amend 

chapter 9 of Title 48 of the Code of 

Federal Regulations as set forth below: 

PART 904—ADMINISTRATIVE 

MATTERS 

1. The authority citations for parts 904 

and 952 continue to read as follows: 

Authority: 42 U.S.C. 7101, et seq. and 50 

U.S.C. 2401, et seq. 

2. Revise section 904.702, to read as 

follows: 

904.702 Applicability. 

(b) Contracts containing the 

Integration of Environment, Safety and 

Health into Work Planning and 

Execution clause at 952.223–71, or the 

Radiation Protection and Nuclear 

Criticality clause at 952.223–72 must 

also include the Preservation of 

Individual Occupational Radiation 

Exposure Records clause at 952.223–75, 

and the Access to and Ownership of 

Records clause at 970.5204–3, which 

will necessitate retention of records in 

accordance with DOE Records 

Disposition Schedules contained in 

applicable DOE Directives, rather than 

those found at FAR Subpart 4.7. 

PART 952—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

3. In section 952.223–75, the clause 

paragraph is revised to read as follows: 

952.223–75 Preservation of individual 

occupational radiation exposure records. 

* * * * * 

Individual occupational radiation exposure 

records generated in the performance of work 

under this contract shall be maintained by 

the contractor and related contractor record 

systems shall be operated as DOE Privacy Act 

Systems of Records, in accordance with the 

NARA-approved DOE Records Disposition 

Schedules contained in applicable DOE 

Directives. 

PART 970—DOE MANAGEMENT AND 

OPERATING CONTRACTS 

4. The authority citation for part 970 

continues to read as follows: 

Authority: 42 U.S.C. 2201; 2282a; 2282b; 

2282c; 42 U.S.C. 7101, et seq.; 50 U.S.C. 

2401, et seq. 

5. Revise section 970.0407–1–3 to 

read as follows: 

970.0407–1–3 Contract clause. 

The contracting officer shall insert the 

clauses at 48 CFR 970.5204–3, Access to 

and Ownership of Records and 48 CFR 

52.224–2, Privacy Act, including the 

listing of pertinent Privacy Act Systems 

of Records, in management and 

operating contracts and all contracts 

that contain the Integration of 

Environment, Safety, and Health into 

Work Planning and Execution clause at 

48 CFR 952.223–71 or the Radiation 

Protection and Nuclear Criticality clause 

at 48 CFR 952.223–72. 

6. Amend 970.5204–3 by: 

a. Revising the clause date; 

b. Revising paragraph (a); 

c. Adding in paragraph (b)(1), the 

words ‘‘non contract related’’ before the 

words ‘‘medical/health-related records)’’ 

and removing the words ‘‘described by 

the contract as being maintained in’’ and 

adding in its place, the words ‘‘operated 

and maintained by the contractor in a 

DOE’’ in the last sentence; 

d. Adding in paragraph (b)(2) the 

words ‘‘internal corporate governance 

records,’’ after the word ‘‘information’’ in 

the first sentence; 

e. Revising paragraphs (c), (e), (f) and 

(g). 

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The revisions read as follows: 

970.5204–3 Access to and ownership of 

records. 

* * * * * 

Access to and Ownership of Records (XXX 

20XX) 

(a) Government-owned records. Except as 

provided in paragraph (b) of this clause, all 

records acquired or generated by the 

contractor in its performance of this contract, 

shall be the property of the Government. The 

contractor, where applicable, shall maintain 

DOE Privacy Act Systems of Records in 

accordance with requirements of FAR 

52.224–2 ‘‘Privacy Act.’’ 

The contractor shall operate and maintain 

the following DOE Privacy Act Systems of 

Records: [The Contracting Officer shall insert 

the list of Government-owned records to be 

operated and maintained by the contractor as 

a DOE Privacy Act Systems of Records using 

DOE’s most recent compilation of its Privacy 

Act Systems of Records.] 

* * * * * 

(c) Contract completion or termination. 

Upon contract completion or termination, the 

contractor shall ensure final disposition of all 

Government-owned records to a Federal 

Record Center, the National Archives and 

Records Administration, to a successor 

contractor, its designee, or other destinations, 

as directed by the Contracting Officer. Upon 

the request of the Government, the contractor 

shall provide either the original contractorowned records or copies of the records 

identified in paragraph (b) of this clause, to 

DOE or its designees, including successor 

contractors. Upon delivery, title to such 

records shall vest in DOE or its designees, 

and such records shall be protected in 

accordance with applicable federal laws 

(including the Privacy Act) as appropriate. If 

the contractor chooses to provide its original 

contractor-owned records to the Government 

or its designee, the contractor shall retain 

future access rights to copy such records. 

* * * * * 

(e) Applicability. This clause applies to all 

records maintained by the contractor without 

regard to the date or origination of such 

records including all records acquired from 

a predecessor contractor. 

(f) Records maintenance and retention. 

Contractor shall create, maintain, safeguard, 

and disposition records in accordance with 

36 CFR, Chapter 12, Subchapter B and the 

National Archives and Records 

Administration (NARA)-approved records 

disposition schedules (DOE Records 

Disposition Schedules), contained in 

applicable DOE Directives. Records retention 

standards are applicable for all classes of 

records described therein, whether or not the 

records are owned by the Government or the 

contractor. The Government may waive 

application of these records disposition 

schedules, if, upon termination or 

completion of the contract, the Government 

exercises its right under paragraph (c) of this 

clause to obtain copies and delivery of 

records described in paragraphs (a) and (b) of 

this clause. 

(g) Subcontracts. The contractor shall 

include the requirements of this clause and 

the Privacy Act clause of FAR 52.224–2 

(pursuant to FAR 24.104) in all subcontracts 

that contain the Integration of Environment, 

Safety and Health into Work Planning and 

Execution clause at 952.223–71 or, the 

Radiation Protection and Nuclear Criticality 

clause at 952.223–72. 

(End of Clause) 

[FR Doc. 2010–12404 Filed 5–21–10; 8:45 am] 

BILLING CODE 6450–01–P 

WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS