22298 Federal Register / Vol. 60, No. 87 / Friday, May 5, 1995 / Rules and Regulations

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 93–170]

Radio Broadcasting Services; Bemidji

and Red Lake, MN

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This document allots Channel

238C1 to Bemidji, Minnesota, as that

community’s third commercial FM

broadcast service in response to a

petition filed by J. Thomas Lijewski. See

58 FR 35421, July 1, 1993. The

coordinates for Channel 238C1 at

Bemidji are 47–28–29 and 94–52–49. In

response to a counterproposal filed by

Red Lake Band, we will allot Channel

231C1 to Red Lake, Minnesota, on the

Red Lake Reservation. The coordinates

for Red Lake are 47–55–30 and 95–19–

00. Canadian concurrence has been

received for both allotments. With this

action, this proceeding is terminated.

DATES: Effective June 16, 1995. The

window period for filing applications

for Channel 238C1 at Bemidji,

Minnesota, and Channel 231C1 at Red

Lake, Minnesota, will open on June 16,

1995, and close on July 17, 1995.

FOR FURTHER INFORMATION CONTACT:

Kathleen Scheuerle, Mass Media

Bureau, (202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Report

and Order, MM Docket No. 93–170,

adopted April 20, 1995, and released

May 2, 1995. The full text of this

Commission decision is available for

inspection and copying during normal

business hours in the Commission’s

Reference Center (Room 239), 1919 M

Street, NW, Washington, D.C. The

complete text of this decision may also

be purchased from the Commission’s

copy contractors, International

Transcription Services, Inc., 2100 M

Street, NW, Suite 140, Washington, D.C.

20037, (202) 857–3800.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Part 73 of Title 47 of the Code of

Federal Regulations is amended as

follows:

PART 73—[AMENDED]

1. The authority citation for Part 73

continues to read as follows:

Authority: Secs. 303, 48 Stat., as amended,

1082; 47 U.S.C. 154, as amended.

§ 73.202 [Amended]

2. Section 73.202(b), the Table of FM

Allotments under Minnesota, is

amended by adding Channel 238C1 at

Bemidji and Red Lake, Channel 231C1.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 95–11116 Filed 5–4–95; 8:45 am]

BILLING CODE 6712–01–F

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.

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 setasides 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
Federal Register / Vol. 60, No. 87 / Friday, May 5, 1995 / Rules and Regulations 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 setasides. 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.
22300 Federal Register / Vol. 60, No. 87 / Friday, May 5, 1995 / Rules and Regulations

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
Federal Register / Vol. 60, No. 87 / Friday, May 5, 1995 / Rules and Regulations 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)
22302 Federal Register / Vol. 60, No. 87 / Friday, May 5, 1995 / Rules and Regulations

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) llAn 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) llAn 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) llA 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