[Federal Register Volume 60, Number 87 (Friday, May 5, 1995)]
[Rules and Regulations]
[Pages 22298-22302]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-11167]



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DEPARTMENT OF ENERGY

48 CFR Parts 926, 952, and 970

RIN 1991-AB11


Acquisition Regulation: Implementation of Section 3021 of the 
Energy Policy Act of 1992

AGENCY: Department of Energy (DOE).

ACTION: Final rule.

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SUMMARY: The Department of Energy (DOE) hereby amends the Department of 
Energy Acquisition Regulation (DEAR) to carry out Section 3021 of the 
Energy Policy Act of 1992 which requires DOE to achieve a 10 percent 
goal for awards of prime contracts and subcontracts for specific types 
of universities and for small business concerns owned and controlled by 
socially and economically disadvantaged individuals and by women.

EFFECTIVE DATE: June 5, 1995.

FOR FURTHER INFORMATION CONTACT: Robert M. Webb, Office of Policy (HR-
51), Office of Procurement and Assistance Management, U.S. Department 
of Energy, Washington, DC 20585, (202) 586-8264.

SUPPLEMENTARY INFORMATION:

I. Background
    A. Discussion
    B. Disposition of Comments
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

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; with historically Black colleges and universities; or with 
colleges and universities having a student body in which more than 20 
percent of the students are Hispanic Americans or Native Americans.
    On July 11, 1994, a proposed rule to amend the DEAR to establish 
DOE policies and procedures for implementing Section 3021 of the Energy 
Policy Act was published at 59 FR 35294.
    Seven sets of comments were received. Those comments have been 
considered and appropriate changes have been made as described in the 
analysis below.

B. Disposition of Comments

    One commenter recommended that the proposed rule ``be rescinded and 
that these rules be redrawn to incorporate reforms made possible'' by 
the enactment of the Federal Acquisition Streamlining Act of 1994, Pub. 
L. 103-355. We have made alterations that will be discussed later in 
this preamble to the rule to reflect the Streamlining Act's effects. 
Generally, we have expanded the provisions of the rule designed to 
achieve the goals of Section 3021 by including recognition of small 
disadvantaged business set-asides as authorized by the Streamlining 
Act, the introduction of a simplified acquisition threshold, and the 
deletion of the ``small purchase threshold'' also provided by the 
Streamlining Act. Another commenter ``strongly urge[s] implementation'' 
of these rules. We are proceeding with the implementation of this 
section of the Energy Policy Act with the promulgation of this rule.
    A commenter states that we have misinterpreted Section 3021 in that 
``[t]he term `no less than' does not equate with a goal but, rather, 
with a specific amount; a set-aside.'' A second commenter contends that 
Section 3021 establishes a goal, but believes that the provisions and 
clauses of the proposed rule were not sufficiently clear that the 10 
percent is a goal and not ``a quota.'' We disagree with the first 
commenter in that the statutory language is ``To the extent 
practicable, the head of each agency shall provide that the obligation 
of not less than 10 percent * * *'' (emphasis added.) It is clear that 
the percentage sets a target that is conditioned on the circumstances 
of the competitive procurements. We believe that the promulgation of 
this final rule in its present form is the proper implementation of 
this statutory provision. We have reviewed each of the provisions of 
the solicitation provisions [[Page 22299]] and contract clauses cited 
by the second commenter and believe them to be clear that the 10 
percent is a goal and requires their best efforts. We expect that there 
may be wide variation depending upon the nature of the work and the 
contractor involved. Some may have goals of substantially less than 10 
percent and others may have goals of substantially more than 10 
percent. We have made no changes in this area.
    One commenter requests that we alter the definition of ``colleges 
and universities having a student body in which more than 20 percent of 
the students are Hispanic Americans or Native Americans.'' This 
commenter would expand the definition ``to include universities which 
have a significant, 20 percent or more, Hispanic community within a 
radius of 200 miles.'' (emphasis added) The statute provides no basis 
for such a change.
    Another commenter suggests that woman-owned businesses should be 
included as a separate category because ``it doesn't identify women-
owned small business concerns clearly enough as a target group'' and 
``it may lead to inferences that women-owned business concerns must 
also be small disadvantaged concerns in order to form part of a target 
group.'' Section 3021 describes the relevant class to be ``small 
business concerns controlled by socially and economically disadvantaged 
individuals or women.'' Woman-owned businesses are separate 
beneficiaries of Section 3021 and need not be socially and economically 
disadvantaged. We have inserted ``by'' preceding ``women'' in our 
implementation to bring a parallel structure and clarify the ambiguous 
statutory provision. One commenter requests that 926.7001(d) be 
deleted. They object to the order of preference of solicitation methods 
for awarding procurements under the Energy Policy Act, stating that the 
first preference should be some form of small disadvantaged business 
competitive procurements that would allow 8(a) firms to compete with 
other small disadvantaged businesses. At the time of the publication of 
the proposed rule, there was no authority for set-asides for small 
disadvantaged businesses. Section 7102 of the Federal Acquisition 
Streamlining Act provides for such set-asides. We have, therefore, 
altered that section to provide for that type of solicitation as first 
in the order of preference.
    Two commenters have requested that we offer a more specific 
definition of an ``Energy Policy Act requirement'' than that in the 
last sentence of 926.7002. We would like to provide more specific 
guidance and have made attempts to; however, funds are not appropriated 
specifically for Energy Policy Act requirements. Our attempts during 
the drafting of the proposed rule have led us to conclude there are no 
more definitive tests worthy of publication. We have provided a list 
within DOE to help those who must identify these requirements, but we 
have made no change to the rule.
    One commenter has noted that our reference to 34 CFR 602.2(a) 
needed to be brought up to date to reflect the Department of 
Education's deleting it in a rulemaking in April of 1994. In this 
regard, they suggest the use of 34 CFR 600.2(a). They are correct that 
the former provision has been deleted and that the latter is the 
appropriate substitution. Our original use of 34 CFR 602.2(a) was in 
error in any event. We have made the appropriate substitutions.
    The same commenter suggests that Congress' use of ``Hispanic 
Americans'' and ``Native Americans'' indicates an intention that the 
students described be citizens of the United States. The description 
used would then have to be altered in the contractual provisions and 
clauses. The statute does not specifically require these students to be 
citizens of the United States and to impose such a regulatory 
requirement would unduly burden colleges and universities. We have made 
no change.
    The same commenter recommends that the certification for 
Historically Black Colleges and Universities be deleted from the 
provision at 952.226-73(a)(2) and that the rule provide a list of those 
colleges and universities that ``would be more useful for both the 
Department of Energy and contractor personnel.'' We believe that there 
is little to be gained by such a list, since it would, at best, be 
merely a copy of the Department of Education list contained at 34 CFR 
608.2(b) and would, on the other hand, put the Department of Energy 
regulations at the substantial risk of not being in conformance with 
the latest list of the Department of Education. We have made no change.
    The same commenter suggests that the small disadvantaged business 
certification at 952.227-73(a)(3) be deleted as redundant of other 
similar certifications already existent. For the purposes of Section 
3021, the contracting personnel need only look in one place. The 
offeror is not unreasonably burdened. We have made no change.
    Finally, we have performed a review of the rule and have made the 
following minor changes to clarify the rule and improve its operation. 
We have added ``under the Energy Policy Act'' in the first sentence of 
926.7001(a) to prevent any misinterpretation of the scope of this rule. 
We have added a recognition of set-asides in the description of 
competitive procedures at 926.7001(f).
    We have corrected the description for use of the Energy Policy Act 
utilization clause for all contracts over the simplified acquisition 
threshold at 926.7005(b)(1)(ii) and made 926.7005(b)(2) more accurate. 
We have altered the phrase explaining the spaces for goals in the 
clause at 952.226-72(b) to reflect the basis of the percentages to be 
entered. We have made other typographical and minor editorial changes.

II. 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 final rule will have no preemptive effect; will not have 
any effect on existing Federal laws; and will only clarify the existing 
regulations on this subject. The revised clauses apply only to 
contracts which would be awarded after the effective date of the final 
rule and, thus, have no retroactive effect. Therefore, DOE certifies 
that this final rule meets the requirements of Sections 2(a) and (b)(2) 
of Executive Order 12778. [[Page 22300]] 

C. Review Under the Regulatory Flexibility Act

    This final rule was reviewed under the Regulatory Flexibility Act 
of 1980, Pub. L. 96-354, that 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 Federal 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 final rule 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 that 
are categorically excluded from the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321, 4331-4335, 4341-4347 (1976)) under 10 CFR Part 
1021, Appendix A to Subpart D as rulemakings that are strictly 
procedural, such as rulemakings establishing contracting practices 
(Exclusion A6). Therefore, this rule does not require an environmental 
impact statement or an environmental assessment pursuant to NEPA.

List of Subjects in 48 CFR Parts 926, 952, and 970

    Government procurement.

    Issued in Washington, DC, on April 28, 1995.
Richard H. Hopf,
Deputy Assistant Secretary for Procurement and Assistance Management.

    For the reasons set forth in the Preamble, 48 CFR Chapter 9 is 
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

Secs.
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) Section 3021(a) of the Energy Policy Act of 1992 (Pub. L. 102-
486) specifies that the Department of Energy shall, to the extent 
practicable, provide that not less than 10 percent of the total 
combined amounts obligated for competitively awarded contracts and 
subcontracts under the Energy Policy Act 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) Awards of Energy Policy Act procurements should be in the 
following descending order of preference:
    (1) Competitive awards pursuant to a set-aside for small 
disadvantaged business;
    (2) Competitive awards to small businesses owned and controlled by 
socially and economically disadvantaged individuals and by women for 
Energy Policy Act requirements under the Small Business 
Administration's section 8(a) program; and
    (3) Competitive awards that provide an evaluation preference in 
accordance with 926.7006 to offerors from the Energy Policy Act target 
groups.
    (d) The DOE implementation of Section 3021 requirements with regard 
to the award of subcontracts under Energy Policy Act procurements is 
discussed at 926.7006.
    (e) Competitive procedures, for purposes of Energy Policy Act 
implementation, consist of awards under set-asides to small 
disadvantaged business and firms certified as 8(a) Small Business 
Administration and competitive procedures in accordance with (FAR) 48 
CFR 15.6 and (DEAR) 48 CFR 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 
simplified acquisition threshold shall provide for an evaluation 
preference for offers received [[Page 22301]] 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 if 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 simplified 
acquisition threshold contain:
    (i) A solicitation provision providing for consideration 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) In addition, the contracting officer shall assure that all 
competitive Energy Policy Act procurements expected to exceed $500,000 
($1,000,000 for construction) include 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 award set-aside for small disadvantaged business;
    (2) Any competitive section 8(a) award;
    (3) Any competitive award to one of the three target groups under 
an unrestricted procurement;
    (4) Any award to one of the three target groups conducted under 
simplified acquisition procedures in excess of the micro-purchase 
threshold; and,
    (5) 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 
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) 48 CFR 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 the 
Energy Policy Act requirements with an award value in excess of the 
simplified acquisition threshold.
    (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) 48 CFR 
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:


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) (May 1995)

    (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 600.4(a) and has a student enrollment that consists of at 
least 20 percent:
    (i) Hispanic Americans, i.e., students whose origins are in 
Mexico, Puerto Rico, Cuba, or Central or South America, or any 
combination thereof, or
    (ii) Native Americans, i.e., American Indians, Eskimos, Aleuts, 
and 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; and
    (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 (May 1995)

    (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 600.4(a) [[Page 22302]] and has a student 
enrollment that consists of at least 20 percent:
    (i) Hispanic Americans, i.e., students whose origins are in 
Mexico, Puerto Rico, Cuba, or Central or South America, or any 
combination thereof, or
    (ii) Native Americans, i.e., American Indians, Eskimos, Aleuts, 
and 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; and
    (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 to 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 (May 
1995)

    (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 600.4(a), and has a student enrollment that 
consists of at least 20 percent:
    (i) Hispanic Americans, i.e., students whose origins are in 
Mexico, Puerto Rico, Cuba, or Central or South America, or any 
combination thereof, or
    (ii) Native Americans, i.e., American Indians, Eskimos, Aleuts, 
and 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; and
    (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 by 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 are stated in a percentage reflecting the 
relationship of estimated award value of subcontracts to the value 
of this contract and 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(d), insert the following provision:

Energy Policy Act Target Group Certification (May 1995)

    (a) Certification. The offeror certifies that it is:
    (1) ____An institution of higher education that meets the 
requirements of 34 CFR 600.4(a), and has a student enrollment that 
consists of at least 20 percent:
    (i) Hispanic Americans, i.e., students whose origins are in 
Mexico, Puerto Rico, Cuba, or Central or South America, or any 
combination thereof, or
    (ii) Native Americans, i.e., American Indians, Eskimos, Aleuts, 
and Native Hawaiians, or any combination thereof;
    (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 
Management and Operating 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. 95-11167 Filed 5-4-95; 8:45 am]

BILLING CODE 6450-01-P