[Federal Register Volume 75, Number 110 (Wednesday, June 9, 2010)]
[Proposed Rules]
[Pages 32719-32723]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-13678]


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DEPARTMENT OF ENERGY

48 CFR Part 970

RIN 1991-AB91


Acquisition Regulation: Agency Supplementary Regulations

AGENCY: Department of Energy.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Department of Energy (DOE) is proposing to amend the 
Department of Energy Acquisition Regulation (DEAR) on DOE Management 
and Operating Contracts to make changes to conform to the Federal 
Acquisition Regulation (FAR), remove out-of-date coverage, and update 
references. Today's proposed rule does not alter substantive rights or 
obligations under current law.

DATES: Written comments on the proposed rulemaking must be received on 
or before close of business July 9, 2010.

ADDRESSES: You may submit comments, identified by DEAR: Subchapter I 
and RIN 1991-AB91, by any of the following methods:
    <bullet> Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    <bullet> E-mail to: <a href="/cdn-cgi/l/email-protection#d692939784a4a3bab3bbb7bdbfb8b196bea7f8b2b9b3f8b1b9a0"><span class="__cf_email__" data-cfemail="084c4d495a7a7d646d65696361666f486079266c676d266f677e">[email protected]</span></a>. Include DEAR: 
Subchapter I and RIN 1991-AB91 in the subject line of the message.
    <bullet> Mail to: U.S. Department of Energy, Office of Procurement 
and Assistance Management, MA-611, 1000 Independence Avenue, SW., 
Washington, DC 20585. Comments by e-mail are encouraged.

FOR FURTHER INFORMATION CONTACT: Barbara Binney at (202) 287-1340 or by 
e-mail <a href="/cdn-cgi/l/email-protection#6a080b18080b180b44080304040f132a021b440e050f440d051c"><span class="__cf_email__" data-cfemail="5a383b28383b283b74383334343f231a322b743e353f743d352c">[email protected]</span></a>.

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 Department of Energy Acquisition Regulation (DEAR) Subchapter I 
has sections that need to be updated to conform with the FAR. The 
objective of this action is to update the existing DEAR Subchapter I--
Agency Supplementary Regulations, Part 970--DOE Management and 
Operating Contracts to conform it to the FAR. None of these changes are 
substantive or of a nature to cause any significant expense for DOE or 
its contractors.

II. Section-by-Section Analysis

    DOE proposes to amend the DEAR as follows:
    1. Section 970.0100 is amended to add the references for the Code 
of Federal Regulation (CFR) chapters 1 and 9.
    2. Section 970.103 is revised to remove ``DEAR'' before 970.0309 
and remove ``FAR'' before 3.9 and add in its place ``48 CFR subpart'' 
in paragraph (a)(3).
    3. Section 970.0404-2 is amended to update the DOE Order to 475.1, 
Counterintelligence Program.
    4. Section 970.19 is amended to revise the subpart heading and the 
970.1907 section heading to conform to the FAR.
    5. Section 970.1907-1 is redesignated as 970.1907-4 to conform to 
the FAR.
    6. Part 970 is revised by adding a new subpart ``970.25 Foreign 
Acquisition'' and section ``970.2570 Contract clauses'' which provides 
instructions on when to insert and how to modify the clauses at FAR 
52.225-1, Buy American Act--Supplies, and FAR 52.225-9, Buy American 
Act--Construction Materials, in management and operating contracts.
    7. Section 970.3102-05-6 paragraphs (a)(7)(i) and (ii) are amended 
to clarify that the contract will set forth the reimbursable costs for 
compensation for personal services, it removes the reference to the 
personnel appendix. Paragraph (p)(1) revises the reference to the FAR 
from the ``Federal Acquisition Regulation'' to ``48 CFR.''
    8. Subpart 970.34 is amended by redesignating 970.3400 as 970.3405 
and 970.3400-1 as 970.3405-2 to conform with the FAR.
    9. Subpart 970.37 is revised to add the new section ``970.3706 
Performance-based acquisition'' and ``970.3706-1 General'' which 
references 970.1100 for policy and guidance on performance-based 
contracting for management and operating (M&O) contracts.
    10. Section 970.3770-1 is amended by adding that the use of DOE 
directives is prescribed in 970.0470.
    11. Section 970.5204-1 is amended by revising the date of the 
clause and removing ``DOE Order 5670.3, Counterintelligence Program'' 
in paragraph (a) of the clause and adding in its place ``DOE Order 
475.1, Counterintelligence Program, or its successor''.
    12. Section 970.5223-3 is amended by revising the date of the 
provision and adding that DOE may grant an extension to the 
notification or implementation period if necessary as per 10 CFR 707.5 
(g) in paragraph (b). This change will provide the contracting officer 
the authority to extend the time needed for the contractor to submit 
the workplace substance abuse program plan.
    13. Section 970.5223-4 is amended by revising the date of the 
clause and revising the clause to permit the contracting officer to 
agree to different date beyond the 30-day notice by the contractor for 
the submission of the workplace substance abuse program plan. This 
change will provide the Contracting Officer the authority to extend the 
time needed for the Contractor to submit the workplace substance abuse 
program plan.
    14. Section 970.5226-1 is amended by revising the punctuation in 
the last sentence of the clause.
    15. Section 970.5232-3 is amended at paragraph (h)(1) to add ``or 
subcontractor's'' after ``contractor's'' and to add ``and to interview 
any current employee regarding such transactions'' after ``hereunder.'' 
Section 871 of the Duncan Hunter National Defense

[[Page 32720]]

Authorization Act for Fiscal Year 2009 and section 902 of Title IX of 
the Recovery Act formalized the current practices permitting access to 
the Government Accountability Office to records and to interview 
current employees of contractors and subcontractors administering 
contracts.
    16. Section 970.5235-1 is amended to update the clause to reference 
the clause 48 CFR 970.5217-1 in paragraph (c) since this clause applies 
the Work for Others Program. Also, paragraph (d) is amended to add the 
full title of DOE order 481.1.
    17. The rule text is amended as noted in paragraph 15 and in the 
tables at paragraphs 27 and 28 by removing ``FAR'' or ``DEAR'' and 
adding ``48 CFR''; removing ``FAR'' or ``48 CFR''; adding ``48 CFR'', 
revising the punctuation; and capitalizing Contractor, Contractor's, 
and Contracting Officer.

III. Procedural Requirements

A. Review Under Executive Order 12866

    Today's 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 that Executive 
Order by the Office of Information and Regulatory Affairs (OIRA) of the 
Office of Management and Budget (OMB).

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; and (3) provide a clear legal 
standard for affected conduct rather than a general standard and 
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 United 
States 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 if 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, this rule meets the relevant standards of Executive 
Order 12988.

C. Review Under the Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires that 
an agency prepare an initial regulatory flexibility analysis for any 
regulation for which a general notice or proposed rulemaking is 
required, unless the agency certifies that the rule, if promulgated, 
will not have a significant economic impact on a substantial number of 
small entities (5 U.S.C. 605(b)). This rule updates references in the 
DEAR that apply to public contracts and does not impose any additional 
requirements on small businesses. On the basis of the foregoing, DOE 
certifies that this proposed rule would not have a significant economic 
impact on a substantial number of small entities. Today's proposed rule 
does not alter any substantive rights or obligations and consequently, 
today's proposed rule will not have a significant cost or 
administrative impact on contractors, including small entities. 
Accordingly, DOE has not prepared a regulatory flexibility analysis for 
this rulemaking. DOE's certification and supporting statement of 
factual basis will be provided to the Chief Counsel for Advocacy of the 
Small Business Administration pursuant to 5 U.S.C. 605(b).

D. Review Under the Paperwork Reduction Act

    This proposed rule does not impose a collection of information 
requirement subject to the Paperwork Reduction Act, 44 U.S.C. 3501 et 
seq. Existing burdens associated with the collection of certain 
contractor data under the DEAR have been cleared under 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 are 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 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. The Executive Order requires agencies to 
have an accountability process to ensure meaningful and timely input by 
state and local officials in the development of regulatory policies 
that have federalism implications. On March 14, 2000, DOE published a 
statement of policy describing the intergovernmental consultation 
process it will follow in the development of such regulations (65 FR 
13735). DOE has examined the 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) generally 
requires a Federal agency to perform a written 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. This rulemaking proposes changes that do not alter any 
substantive rights or obligations. This proposed rule does not impose 
any mandates.

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 rulemaking or policy that may 
affect

[[Page 32721]]

family well-being. This rulemaking will have no impact on the autonomy 
or integrity of the family as an institution. Accordingly, DOE has 
concluded that it is not necessary to prepare a Family Policymaking 
Assessment.

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 
Office of Information and Regulatory Affairs of the Office of 
Management and Budget, a Statement of Energy Effects for any proposed 
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; (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 proposed 
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. 
Today's 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 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 the 
proposed rule 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

    Issuance of this proposed rule has been approved by the Office of 
the Secretary.

List of Subjects in 48 CFR Part 970

    Government procurement.

    Issued in Washington, DC on May 19, 2010.
Patrick M. Ferraro,
Acting Director, Office of Procurement and Assistance 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, the Department of Energy 
is proposing to amend Chapter 9 of Title 48 of the Code of Federal 
Regulations as set forth below.

PART 970--DOE MANAGEMENT AND OPERATING CONTRACTS

    1. 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.

Subpart 970.01--Management and Operating Contract Regulatory System


970.0100  [Amended]

    2. Section 970.0100 is amended in the first sentence, by adding, 
``(Chapter 1 of Title 48 Code of Federal Regulations (CFR))'' after 
``(FAR)'' and by adding ``(Chapter 9 of Title 48 CFR)'' after ``DEAR''.


970.0103  [Amended]

    3. Section 970.0103 is amended by:
    a. Removing, in introductory paragraph (a) heading, ``part'' and 
adding in its place ``Part'';
    b. Removing, in paragraph (a)(3) ``DEAR''; and
    c. Removing, in paragraph (a)(3) ``FAR 3.9'' and adding in its 
place ``48 CFR subpart 3.9''.


970.0404-2  [Amended]

    4. Section 970.0404-2 is amended in paragraph (b) by removing 
``5670.3 (as amended).'' at the end of the first sentence and adding in 
its place ``475.1, Counterintelligence Program, or its successor.''

Subpart 970.19--Small Business Programs

    5. Revise subpart 970.19 subpart heading to read as set forth 
above.
    6. Revise 970.1907 section heading to read as set forth below:


970.1907  The Small Business Subcontracting Program.

* * * * *


970.1907-1  [Redesignated]

    7. Section 970.1907-1 is redesignated as 970.1907-4.
    8. Add a new subpart 970.25, consisting of 970.2570, to part 970 to 
read as follows:

Subpart 970.25--Foreign Acquisition


970.2570  Contract clauses.

    Contracting officers shall insert the clauses at 48 CFR 52.225-1, 
Buy American Act--Supplies, and 48 CFR 52.225-9, Buy American Act--
Construction Materials, in management and operating contracts. The 
clause at 48 CFR 52.225-1 shall be modified in paragraph (d) by 
substituting the word ``use'' for the word ``deliver.''


970.2673-1  [Amended]

    9. Section 970.2673-1 is amended by:
    a. Removing the ``:'' in introductory text and adding in its place 
a ``--'';
    b. Removing the ``,'' in paragraph (a) and adding in its place a 
``;''; and
    c. Removing the ``,'' in paragraph (b) and adding in its place a 
``;''.
    10. Section 970.3102-05-6 is amended by:
    a. Revising paragraphs (a)(7)(i) and (a)(7)(ii) to read as set 
forth below; and
    b. Removing ``Federal Acquisition Regulation'' in paragraph (p)(1) 
and adding in its place ``48 CFR''.


970.3102-05-6  Compensation for personal services.

    (a) * * *
    (7)(i) Reimbursable costs for compensation for personal services 
are to be set forth in the contract. This compensation shall be set 
forth using the principles and policies of 48 CFR 31.205-6, 
Compensation, as supplemented by this section, 970.3102-05-6, and other 
pertinent parts of the DEAR. Costs that are unallowable under other 
contract terms shall not be allowable as compensation for personnel 
services.
    (ii) The contract sets forth, in detail, personnel costs and 
related expenses allowable under the contract and documents personnel 
policies, practices and plans which have been found acceptable by the 
contracting officer. The contractor will advise DOE of any proposed 
changes in any matters covered by these policies, practices, or plans 
which relate to personnel costs. Types of personnel costs and related 
expenses addressed in the contract are as follows: Salaries and wages; 
bonuses and incentive compensation; overtime, shift differential, 
holiday, and other premium pay for time worked; welfare benefits and 
retirement programs; paid time off, and salaries and wages to employees 
in their capacity as union stewards and committeemen for time spent in 
handling grievances, or serving on labor management (contractor)

[[Page 32722]]

committees provided, however, that the contracting officer's approval 
is required in each instance of total compensation to an individual 
employee above an annual rate as specified in the contract.
* * * * *


970.3102-05-46  [Amended]

    11. Section 970.3102-05-46 is amended in paragraph (e)(3) 
introductory text by adding ``48 CFR'' before ``31.109''.


970.3400 and 970.3400-1  [Redesignated]

    12. Redesignate 970.3400 as 970.3405 and 970.3400-1 as 970.3405-2.
    13. Add a new section 970.3706 and 970.3706-1 to subpart 970.37 to 
read as follows:


970.3706  Performance-based acquisition.


970.3706-1  General.

    For policy and guidance on performance-based contracting for 
management and operating (M&O) contracts, see 970.1100.
    14. Section 970.3770-1 is revised to read as follows:


970.3770-1  Policy.

    Contractors managing the Department of Energy (DOE) facilities 
shall be required to comply with the DOE Directives applicable to 
facilities management. The use of the DOE Directives is prescribed in 
970.0470.
    15. Section 970.5204-1 is amended by:
    a. Revising the date of the clause to read as set forth below; and
    b. Removing ``DOE Order 5670.3, Counterintelligence Program;'' in 
paragraph (a) of the clause and adding in its place ``DOE Order 475.1, 
Counterintelligence Program, or its successor;''.
    The revision reads as follows:


970.5204-1  Counterintelligence.

* * * * *

COUNTERINTELLIGENCE (XXX 20XX)

* * * * *
    16. Section 970.5223-3 is amended by:
    a. Revising the date of the provision to read as set forth below; 
and
    b. Adding a new sentence at the end of paragraph (b) as set forth 
below.
    The revision and addition read as follows:


970.5223-3  Agreement regarding Workplace Substance Abuse Programs at 
DOE Sites.

* * * * *

AGREEMENT REGARDING WORKPLACE SUBSTANCE ABUSE PROGRAMS AT DOE SITES 
(XXX 20XX)

* * * * *
    (b) * * * DOE may grant an extension to the notification or 
implementation period if necessary as per 10 CFR 707.5 (g).
* * * * *
    17. Section 970.5223-4 is amended by:
    a. Revising the date of the clause to read as set forth below; and
    b. Revising paragraph (c)(1).
    The revisions read as follows:


970.5223-4  Workplace Substance Abuse Programs at DOE sites.

* * * * *

WORKPLACE SUBSTANCE ABUSE PROGRAMS AT DOE SITES (XXX 20XX)

* * * * *
    (c) Subcontracts. (1) The Contractor agrees to notify the 
Contracting Officer reasonably in advance of, but not later than 30 
days prior to, the award of any subcontract the Contractor believes 
may be subject to the requirements of 10 CFR part 707, unless the 
Contracting Officer agrees to a different date.
* * * * *
    (End of Clause)
    18. Section 970.5232-3 is amended by:
    a. Revising the date of the clause to read as set forth below; and
    b. Adding ``or subcontractor's'' after ``contractor's'' and adding 
``and to interview any current employee regarding such transactions'' 
after ``hereunder'' in paragraph (h)(1).
    The revision reads as follows:


970.5232-3  Accounts, records, and inspection.

* * * * *

ACCOUNTS, RECORDS, AND INSPECTION (XXX 20XX)

* * * * *
    19. Section 970.5235-1 is amended by:
    a. Revising the introductory text and the date of the clause to 
read as set forth below;
    b. Removing ``DOE Order 481.1, Work for Others (Non-Department of 
Energy Funded Work) (see current version).'' in paragraph (c) and 
adding in its place ``the clause 48 CFR 970.5217-1 Work for Others 
Program.''; and
    c. Adding ``, Work for Others (Non-Department of Energy Funded 
Work), or its successor'' after ``DOE Order 481.1'' in paragraph (d).
    The revisions read as follows:


970.5235-1  Federally funded research and development center sponsoring 
agreement.

    As prescribed in 970.3501-4, insert the following clause:

FEDERALLY FUNDED RESEARCH AND DEVELOPMENT CENTER SPONSORING AGREEMENT 
(XXX 20XX)

* * * * *

PART 970--[AMENDED]

    20. In the table below, for each section indicated in the left 
column, remove the word indicated in the middle column from where it 
appears in the section, and add the word in the right column:

----------------------------------------------------------------------------------------------------------------
          Section                     Remove                                       Add
----------------------------------------------------------------------------------------------------------------
970.1504-1-4(e), in the     ``:''                       ``--''
 introductory text, and
 (e)(2) in the
 introductory text
970.2201-1-1                ``48 CFR Subpart''          ``48 CFR subpart''
970.2201-1-2(a)(1)(ii)(A)   ``A review must:''          ``A review must--''
970.2201-1-2(a)(1)(ii)(C)   ``including those:''        ``including those--''
970.2201-1-2(a)(1)(iii)     ``10 CFR Part 707.4''       ``10 CFR 707.4''
970.2201-1-2(a)(1)(iii)     ``10 CFR Part 707''         ``10 CFR part 707''
970.2201-1-2(a)(1)(v)(A)    ``authorization:''          ``authorization--''
970.2305-2(b)               ``48 CFR 23.5''             ``48 CFR subpart 23.5''
970.2306(b)(4)              ``48 CFR 970.5223-3''       ``970.5223-3''
970.2672-2                  ``48 CFR''                  ``subpart''
970.5215-3(b)(4)(iii) in    ``contracting officer''     ``Contracting Officer''
 the first sentence
970.3204-1(a)               ``48 CFR subpart 932.4''    ``subpart 932.4''
970.5222-1 in the last      ``contractor''              ``Contractor''
 sentence
970.5223-1(b) in the third  ``contractor's''            ``Contractor's''
 sentence
970.5223-1(b)(2)            ``(ES&H)''                  ``ES&H''
970.5226-1                  ``contracting officer''     ``Contracting Officer''
970.5226-1 in the second    ``contractor''              ``Contractor''
 sentence
970.5226-1 in the third     ``Appendix.''               ``the Appendix.''
 sentence

[[Page 32723]]

 
970.5232-2(e)(2)(iv)(B) in  ``contractor''              ``Contractor''
 the last sentence
970.5232-3(d) in the        ``Clause ----,''            ``Clause 970.5204-3,''
 second sentence
970.5232-3(j) in the last   ``Penalties for             ``Penalties for Unallowable Costs;''
 sentence                    Unallowable costs;''
----------------------------------------------------------------------------------------------------------------

    21. In the table below, for each section indicated in the left 
column, remove the word indicated in the right column from where it 
appears in the section:

------------------------------------------------------------------------
               Section                               Remove
------------------------------------------------------------------------
970.2201-1-2(a)(1)(ii)                 ``48 CFR''
970.2671-2                             ``48 CFR''
970.2672-3                             ``48 CFR''
970.2673-2                             ``48 CFR''
970.5226-1 introductory text           ``48 CFR''
970.5226-2 introductory text           ``48 CFR''
970.5226-3 introductory text           ``48 CFR''
970.5232-5(b) in two places            ``FAR''
------------------------------------------------------------------------

[FR Doc. 2010-13678 Filed 6-8-10; 8:45 am]
BILLING CODE 6450-01-P


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