36358 Federal Register / Vol. 74, No. 139 / Wednesday, July 22, 2009 / Rules and Regulations 

DEPARTMENT OF ENERGY 

48 CFR Chapter 9 

RIN 1991–AB62 

Department of Energy Acquisition 

Regulation: Technical Amendment 

AGENCY: Department of Energy. 

ACTION: Final rule. 

SUMMARY: The Department of Energy 

(DOE) is amending the Department of 

Energy Acquisition Regulation (DEAR) 

to make technical and administrative 

changes to the DEAR, including changes 

to conform to the Federal Acquisition 

Regulation (FAR), typographical errors, 

and correct other minor errors or 

omissions. Today’s final rule does not 

alter substantive rights or obligations 

under current law. 

DATES: Effective Date: This rule is 

effective August 21, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Barbara Binney at (202) 287–1340 or by 

e-mail at barbara.binney@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

II. Description of the Technical Amendments 

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. Review Under the Small Business 

Regulatory Enforcement Fairness Act of 

1996 

L. Approval by the Office of the Secretary 

of Energy 

I. Background 

The DEAR has typographical errors, 

outdated citations, missing words, 

acronyms that need to be spelled out, 

and other errors of a technical nature. 

The objective of today’s rule is to correct 

errors and omissions in the existing 

DEAR and to conform the DEAR to the 

Federal Acquisition Regulation (FAR) 

naming and numbering conventions. 

None of these changes are substantive or 

of a nature to cause any added expense 

for DOE or its contractors. 

II. Description of the Technical 

Amendments 

Where appropriate throughout the 

DEAR, the authority citations have been 

revised to reflect current statutory 

authorities including National Nuclear 

Security Administration (NNSA) 

authority in 50 U.S.C. 2401, et seq. 

Sections have been redesignated to 

conform DEAR section numbering with 

FAR section numbering. 

Cross references in section headings 

that appear in the format ‘‘(DOE 

coverage * * *)’’ have been removed 

because in many instances the 

references have become outdated. 

References to NNSA positions have 

been added in instances where NNSA 

may exercise acquisition authority 

independent of DOE. 

Subpart headings have been added to 

maintain consistency with the FAR 

subpart headings. These subpart 

headings do not contain text and do not 

add any substantive changes. 

Outdated or incorrect cross references 

to DEAR sections and clauses have been 

corrected. Where appropriate, outdated 

section or clause titles have been 

updated. Cross references to superceded 

DOE directives have been updated. 

Punctuations and capitalizations have 

been revised throughout for consistency. 

Titles and addresses have been updated. 

In certain instances sections of the 

DEAR required so many corrections that 

we determined that for accuracy and 

simplicity it would be better to revise 

the entire section. Following are the 

detailed editing instructions for 

sections: 904.702, 923.7003, 933.103, 

942.270–2, 952.216–7, 952.225–70, 

970.0404–1, 970.1100–1, 970.5242–1, 

and 970.5244–1. 

Subpart 904.702(b) is amended to add 

the complete clause title for 952.223–71, 

‘‘Integration of Environment Safety, and 

Health into Work Planning and 

Execution,’’ and to delete the reference 

to the clause titled ‘‘Nuclear Safety.’’ 

The reference to 952.223–74, Nuclear 

Safety, clause was removed as it no 

longer exists. 

Section 923.7003(a) is amended after 

‘‘appropriate’’ by removing 

‘‘environmental safety and health 

program management’’ and adding in its 

place ‘‘Office of Health, Safety and 

Security.’’ 

Section 923.7003(b) is amended by 

adding the clause title Integration of 

Environment, Safety, and Health into 

Work Planning and Execution after 

‘‘952.223–71’’ and changing 

punctuation. 

Section 923.7003(c) is amended by 

removing ‘‘923.7002(b)’’ and adding in 

its place ‘‘923.7003(b)’’ to correct the 

citation. 

Section 923.7003(c) is amended by 

adding the two clause titles for 952.223– 

71 by adding ‘‘Integration of 

Environment, Safety, and Health into 

Work Planning and Execution,’’; and in 

two places after ‘‘952.223–72’’ by 

adding ‘‘Radiation Protection and 

Nuclear Criticality,’’. 

Section 923.7003(d) is amended by 

removing ‘‘either 923.7002(b) or 

923.7002(c)’’ and adding in its place 

‘‘923.7003(b) or 923.7003(c)’’ to correct 

the citations. 

Section 923.7003(d) is amended by 

adding the two clause titles for 952.223– 

71, ‘‘Integration of Environment, Safety, 

and Health into Work Planning and 

Execution,’’; and in two places after 

‘‘952.223–72’’ by adding ‘‘Radiation 

Protection and Nuclear Criticality,’’. 

Section 923.7003(d) is amended by 

removing ‘‘Environment, Safety and 

Health’’ and adding in its place ‘‘Health, 

Safety, and Security.’’ 

Section 923.7003(e) is amended by 

adding clause titles for 952.223–71, 

‘‘Integration of Environment, Safety, and 

Health into Work Planning and 

Execution,’’; and for 952.223–72, 

‘‘Radiation Protection and Nuclear 

Criticality.’’ 

Sections 923.7003(f) and 923.7003(g) 

are amended by removing ‘‘48 CFR’’ in 

both of these paragraphs in four places 

each; in paragraph (g) by removing 

‘‘970.1504–5(c)’’ and adding in its place 

‘‘970.1504–8(c)’’; in paragraph (g) by 

adding ‘‘Requirements,’’ after ‘‘952.204– 

2, Security’’; and capitalizing the first 

letter in each word for the clause title 

‘‘Nuclear Hazards Indemnity 

Agreement’’. 

Section 933.103(f) is amended by 

removing the first paragraph in (f); by 

redesignating paragraph (i)(1) as (i); by 

redesignating subparagraphs (i)(1)(i) 

through (iii) as (1), (2) and (3) 

respectively; and by removing 

subparagraph (i)(2). The first paragraph 

(f) is removed because it repeats a 

requirement from FAR 33.101(f). 

Section 933.103(i) is amended in 

paragraph (i) by removing ‘‘Head of 

Contracting Activity’’ and adding in its 

place ‘‘HCA’’. 

Section 933.103(j) is amended by 

removing the fourth sentence; and in the 

fifth sentence, remove ‘‘parties’’ and add 

in its place ‘‘the protester and the 

Department.’’ These changes are made 

to remove an internal procedure and to 

clarify who the parties are. 

Section 933.103(k) is amended in the 

first sentence by redesignating ‘‘(iii)’’ as 

‘‘(iv)’’; by removing the second 

sentence; and in the third sentence by 

removing the ‘‘(1).’’ The second 

sentence is removed because it is an 

internal procedure. 

Section 942.270–2 is amended in the 

section title by using a lower case ‘‘c’’ 

for ‘‘clause’’; and in the first sentence, 


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by adding ‘‘Technical Direction,’’ after 

‘‘952.242–70.’’ 

Section 952.216–7, Allowable cost 

and payment Alternate I, is removed. 

This duplicates FAR 16.307(a)(1) fourth 

sentence. 

Section 952.225–70 clause in 

paragraph (b) is amended by adding 

after ‘‘shall’’ in the first sentence ‘‘—’’ 

and a line return; in subparagraph (1), 

capitalize the ‘‘C’’ in ‘‘consider; in 

paragraph (b)(1), changing the 

punctuation and adding a line return 

after ‘‘or’’; and in paragraphs (b)(2), 

(b)(2)(i), and (b)(2)(ii), capitalize the first 

letter of the first word in each 

subparagraph. 

In section 970.0404–1 the Classified 

Information definition is amended by 

removing reference to Executive Order 

12356 and updating it with the current 

Executive Order 12958, Classified 

National Security Information, April 17, 

1995, as amended. 

Section 970.1100–1(a) is amended in 

the second sentence, by adding ‘‘The’’ 

before ‘‘Office’’; in the second sentence, 

by adding ‘‘’s’’ after ‘‘Policy’’; in the 

second sentence, by removing ‘‘Letter 

91–2’’ and adding in its place ‘‘Seven 

Steps to Performance-Based Acquisition 

located at Web site http:// 

www.acquisition.gov/comp/seven_steps/ 

home.html’’; and in the third sentence, 

by making the ‘‘D’’ in ‘‘describe’’ lower 

case after ‘‘:’’. These changes are made 

for grammatical reasons and to update 

the Office of Federal Procurement 

Policy (OFPP) information on 

performance-based acquisition. 

Section 970.5242–1 clause is 

amended in paragraphs (c)(2), (d) and 

(e)(3), by changing punctuation; in 

paragraph (c)(2)(i), (c)(2)(ii), (c)(2)(iii), 

(d)(1), (d)(2), (e)(1), (e)(2), (e)(3), (e)(3)(i), 

and (e)(3)(ii), by capitalizing the first 

letter of the first word in each 

paragraph; in paragraph (c)(2)(ii), by 

removing ‘‘Department’s’’ and adding in 

its place ‘‘Civilian’’; and in paragraph 

(e), adding ‘‘—’’ after ‘‘when’’. 

Section 970.5244–1 introductory text 

is amended by removing ‘‘48 CFR 

970.4402–5’’ and adding in its place 

‘‘970.4403’’. 

Section 970.5244–1 clause is 

amended in paragraphs (e)(1), (e)(1)(i), 

and (r) by changing punctuation; and in 

paragraphs (e)(1), (i), (e)(1)(ii), (r)(1), 

(r)(2), and (r)(3), by capitalizing the first 

letter of the first word in each 

paragraph. 

Section 970.5244–1 clause in 

paragraph (e)(4) is amended in the 

second sentence, by removing ‘‘48 CFR 

970.3102–3–21(b)’’ and adding in its 

place ‘‘48 CFR 31.205–26(e)’’. 

Section 970.5244–1 clause in 

paragraph (g) is amended in the first 

sentence, by removing ‘‘48 CFR 52.225– 

3’’ and adding in its place ‘‘48 CFR 

52.225–1’’; and in the first sentence, by 

removing ‘‘48 CFR 52.225–5’’ and 

adding in its place ‘‘48 CFR 52.225–9’’. 

Section 970.5244–1 clause in 

paragraph (q) is amended by adding 

after ‘‘980.71’’ ‘‘, Federal Management 

Regulation 41 CFR chapter 102,’’; in 

paragraph (q)(5), and by removing ‘‘48 

CFR 908.7108’’ and adding in its place 

‘‘48 CFR subpart 8.5’’. These changes 

conform to the FAR convention and 

updates the Federal Management 

Regulation reference. 

Section 553(b)(B) of the 

Administrative Procedure Act (5 U.S.C. 

553(b)(B)) permits an agency to omit 

notice and comment from a rulemaking 

when the agency finds ‘‘good cause’’ to 

do so. Good cause exists when the 

agency finds that notice and comment 

would be ‘‘impracticable, unnecessary, 

or contrary to the public interest.’’ 

Today’s rule is intended to correct nonsubstantive errors, remove 

typographical errors, correct out-dated 

references and citations, and to improve 

stylistic consistency. None of the 

amendments in this notice of final 

rulemaking are intended to alter 

substantive rights or obligations under 

current law. Nothing in this rule 

imposes or alters existing requirements 

on DOE contractors or other members of 

the public. Consequently, DOE has 

determined that notice and comment is 

unnecessary. 

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 rulemaking 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 final 

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 preparation 

of an initial regulatory flexibility 

analysis for any rule that by law must 

be proposed for public comment, unless 

the agency certifies that the rule, if 

promulgated, will not have a significant 

economic impact on a substantial 

number of small entities. As required by 

Executive Order 13272, ‘‘Proper 

Consideration of Small Entities in 

Agency Rulemaking,’’ 67 FR 53461 

(August 16, 2002), DOE published 

procedures and policies on February 19, 

2003, to ensure that the potential 

impacts of its rules on small entities are 

properly considered during the 

rulemaking process (68 FR 7990). DOE 

has made its procedures and policies 

available on the Office of General 

Counsel’s Web site at http:// 

www.gc.doe.gov. 

Today’s technical amendments do not 

alter any substantive rights or 

obligations. Today’s rule makes 

corrections and updates references in 

the DEAR that apply to public contracts. 

No substantive rights or obligations are 

altered by today’s technical amendment. 

Neither the Administrative Procedures 

Act nor any other law that requires this 

rule be proposed for public comment. 

Consequently, this rule is exempt from 

the requirements of the Regulatory 

Flexibility Act. 


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D. Review Under the Paperwork 

Reduction Act 

This final 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 have been cleared under 

OMB control number 1910–4100. 

E. Review Under the National 

Environmental Policy Act 

DOE has concluded that promulgation 

of this 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 rule is categorically 

excluded from NEPA review because 

the amendments to the DEAR are 

strictly procedural (categorical 

exclusion A6). Therefore, this 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 today’s 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 

makes technical amendments that do 

not alter any substantive rights or 

obligations. This 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 

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 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 today’s rule under the OMB 

and DOE guidelines and has concluded 

that it is consistent with applicable 

policies in those guidelines. 

K. Review Under the Small Business 

Regulatory Enforcement Fairness Act of 

1996 

As required by 5 U.S.C. 801, the 

Department will report to Congress 

promulgation of this rule. The report 

will state that it has been determined 

that the rule is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

L. Approval by the Office of the 

Secretary of Energy 

Issuance of this rule has been 

approved by the Office of the Secretary 

of Energy. 

List of Subjects in 48 CFR Parts 901, 

903, 904, 905, 906, 908, 909, 911, 912, 

913, 914, 915, 916, 917, 922, 923, 925, 

928, 931, 932, 933, 935, 936, 939, 941, 

942, 947, 950, 951, 952, and 970 

Government procurement. 

Issued in Washington, DC, on July 13, 

2009. 

Edward R. Simpson, 

Director, Office of Procurement and 

Assistance Management, Department of 

Energy. 

David O. Boyd, 

Director, Office of Acquisition and Supply 

Management, National Nuclear Security 

Administration. 

■ For the reasons set out in the 

preamble, Chapter 9 of Title 48 of the 

Code of Federal Regulations is amended 

as set forth below. 

■ 1. Authority citations are revised: 

■ a. For parts 901, 903, 904, 905, 906, 

908, 909, 912, 913, 914, 915, 916, 917, 

922, 923, 925, 928, 931, 932, 933, 935, 

936, 939, 941, 942, 947, 951, and 952, 

the authority citations are revised to 

read as follows: 

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

U.S.C. 2401 et seq. 

■ b. For parts 911, 950 and 970, the 

authority citations are revised 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. 

PART 901—FEDERAL ACQUISITION 

REGULATIONS SYSTEM 

■ 2. Section 901.602–3 is amended by 

revising the section heading to read as 

follows: 


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901.602–3 Ratification of unauthorized 

commitments. 

* * * * * 

PART 903—IMPROPER BUSINESS 

PRACTICES AND PERSONAL 

CONFLICTS OF INTEREST 

903.104–3 [Redesignated as 903.104–1] 

■ 3. Redesignate 903.104–3 as 903.104– 

1. 

■ 4. Amend the introductory text of 

newly designated section 903.104–1 by 

removing the reference ‘‘48 CFR (FAR) 

3.104–4(d)—’’ and adding in its place 

‘‘48 CFR 3.104–2(b)(3)—’’. 

903.104–10 [Redesignated as 903.104–7] 

■ 5. Redesignate 903.104–10 as 

903.104–7. 

■ 6. Amend newly designated section 

903.104–7 by revising the section 

heading to read as follows: 

903.104–07 Violations or possible 

violations. 

* * * * * 

■ 7. Remove ‘‘48 CFR 3.104–10’’ 

wherever it occurs in newly designated 

903.104–7 and add in its place ‘‘48 CFR 

3.104–7’’. 

■ 8. Add in newly designated 903.104– 

7, first sentence, commas, after ‘‘(2)’’ 

and ‘‘Policy Act’’. 

■ 9. Add in newly designated 903.104– 

7 ‘‘the General Counsel for National 

Nuclear Security Administration 

(NNSA),’’ in the second sentence, after 

‘‘Naval Reactors Offices;’’. 

903.408–1 [Redesignated as 903.405] 

■ 10. Redesignate section 903.408–1 as 

903.405. 

■ 11. Newly redesignated section 

903.405 is amended by revising the 

section heading to read as follows: 

903.405 Misrepresentations or violations 

of the Covenant Against Contingent Fees. 

* * * * * 

903.502 [Amended] 

■ 12. Section 903.502 is amended by 

removing the paragraph (b) designation 

at the beginning of the paragraph. 

■ 13. Revise the heading for subpart 

903.9 to read as follows: 

Subpart 903.9—Whistleblower 

Protections for Contractor Employees 

903.901, 903.902, and 903.903 

[Redesignated 903.900, 903.901 and 

903.902] 

■ 14. Redesignate sections 903.901, 

903.902, and 903.903 as sections 

903.900, 903.901 and 903.902, 

respectively. 

■ 15. Newly designated section 903.900 

is amended by revising the heading to 

read as follows: 

903.900 Scope of subpart. 

* * * * * 

PART 904—ADMINISTRATIVE 

MATTERS 

■ 16. Section 904.402 is amended by: 

■ a. Removing in paragraph (a), ‘‘DOE’s’’ 

and adding in its place ‘‘Department of 

Energy’s (DOE)’’; 

■ b. Revising the last sentence in 

paragraph (c)(1); 

■ c. Removing ‘‘The clause’’ in 

paragraph (c)(2), at the beginning of the 

first sentence, and adding in its place 

‘‘The 952.204–76 clause’’ and removing 

‘‘and the clause’’, in the first sentence, 

and adding in its place ‘‘and the 

952.223–76 clause’’; 

■ d. Removing the ‘‘:’’ at the end of the 

introductory text of paragraph (c)(3) and 

adding ‘‘—’’ in its place; and 

■ e. Adding in paragraph (c)(3)(i), 

‘‘952.204–76’’ before the first usage of 

‘‘clause’’ and, adding ‘‘952.223–76’’ 

before the second usage of ‘‘clause’’. 

The revision reads as follows: 

904.402 General. 

* * * * * 

(c)(1) * * * The clause prescribed at 

904.404(d)(6) (952.204–76, Conditional 

Payment of Fee or Profit—Safeguarding 

Restricted Data and Other Classified 

Information) or the clause prescribed at 

923.7003(f) (952.223–76, Conditional 

Payment of Fee or Profit—Safeguarding 

Restricted Data and Other Classified 

Information and Protection of Worker 

Safety and Health) shall be used for this 

purpose unless the clause prescribed at 

970.1504–5(b)(1) (970.5215–3, 

Conditional Payment of Fee, Profit, and 

Other Incentives—Facility Management 

Contracts) is used. 

* * * * * 

■ 17. Section 904.404 is amended by: 

■ a. Revising the section heading; 

■ b. Removing ‘‘DOE N 142.1.’’ in 

paragraph (d)(3), second sentence, and 

adding in its place ‘‘DOE Order 142.3 or 

its successor.’’; and 

■ c. Revising paragraph (d)(6). 

The revisions read as follows: 

904.404 Solicitation provision and 

contract clause. 

(d) * * * 

(6) Except as prescribed in 970.1504– 

5(b), the contracting officer shall insert 

the clause at 952.204–76, Conditional 

Payment of Fee or Profit—Safeguarding 

Restricted Data and Other Classified 

Information and Protection of Worker 

Safety and Health, in all contracts that 

contain the clause at 952.204–2, 

Security, but that do not contain the 

clause at 952.250–70, Nuclear Hazards 

Indemnity Agreement. 

* * * * * 

■ 18. Section 904.702 is revised to read 

as follows: 

904.702 Applicability. 

(b) Contracts containing the clause at 

952.223–71 Integration of Environment 

Safety, and Health into Work Planning 

and Execution, or the Radiation 

Protection and Nuclear Criticality clause 

at 952.223–72, must also include the 

Preservation of Individual Occupational 

Radiation Exposure Records clause at 

952.223–75 which will necessitate 

retention of records in accordance with 

schedules contained in applicable DOE 

Directives in the records management 

series, rather than those found at 48 CFR 

subpart 4.7. 

■ 19. The heading for subpart 904.8 is 

revised to read as follows: 

Subpart 904.8—Government Contract 

Files 

904.803 [Amended] 

■ 20. Section 904.803 is amended by 

removing the word ‘‘procurement’’ and 

adding in its place the word 

‘‘acquisition’’. 

■ 21. Add a new section 904.804 to read 

as follows: 

904.804 Closeout of contract files. 

■ 22. Section 904.804–1 is amended by 

revising the section heading and adding 

‘‘(HCA)’’ in paragraph (a) after the word 

‘‘Activity’’ to read as follows: 

904.804–1 Closeout by the office 

administering the contract. 

* * * * * 

■ 23. Revise section 904.805 to read as 

follows: 

904.805 Storage, handling, and disposal of 

contract files. 

Contract files shall be disposed of in 

accordance with applicable DOE Order 

243.1. (See current version.) 

■ 24. Revise the section heading for 

section 904.7000 to read as follows: 

904.7000 Scope of subpart. 

* * * * * 

904.7002 [Amended] 

■ 25. Section 904.7002 is amended by: 

■ a. Removing ‘‘following:’’ at the end of 

the introductory text of the definition of 

‘‘foreign interest’’ and adding in its 

place ‘‘following—’’; and 

■ b. Removing ‘‘person,’’ in paragraph 

(3) of the definition of ‘‘foreign interest’’, 

and adding in its place ‘‘person;’’ . 


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904.7003 [Amended] 

■ 26. Section 904.7003 is amended by: 

■ a. Adding ‘‘Facility Clearance,’’ in 

paragraph (c), second sentence after 

‘‘952.204–73’’; 

■ b. Removing the punctuation ‘‘:’’ in 

paragraph (d), first sentence, after the 

word ‘‘unless’’ and adding in its place 

‘‘—’’; 

■ c. Removing ‘‘48 CFR 952.204–73,’’ in 

paragraph (d)(1) and adding in its place 

‘‘952.204–73, Facility Clearance;’’; and 

■ d. Removing ‘‘48 CFR’’ in the 

paragraph (d)(2). 

904.7101 [Amended] 

■ 27. Section 904.7101 is amended by: 

■ a. Removing the last sentence in the 

definition of Entity controlled by a 

foreign government, and adding in its 

place ‘‘See subpart 925.7 for a statement 

of the prohibition on certain foreign 

purchases.’’ 

■ b. Removing the ‘‘,’’ at the end of the 

sentence in paragraph (4), in the 

definition of Proscribed information. 

904.7102 [Amended] 

■ 28. Section 904.7102 is amended by: 

■ a. Removing the ‘‘:’’ in paragraphs (a) 

introductory text, and (b) introductory 

text, last sentences, and adding in its 

place ‘‘—’’; and 

■ b. Removing ‘‘DEAR 952.204–73’’ in 

paragraph (e), and adding in its place, 

‘‘952.204–73, Facility Clearance’’. 

904.7103 [Amended] 

■ 29. Section 904.7103 is amended by: 

■ a. Removing ‘‘48 CFR’’ in paragraphs 

(a) and (b); 

■ b. Adding ‘‘, Facility Clearance.’’ after 

‘‘952.204–73’’ in paragraph (a); and 

■ c. Adding ‘‘, Security.’’ after 

‘‘952.204–2’’ in paragraph (b). 

904.7201 [Amended] 

■ 30. Section 904.7201 is amended by 

adding ‘‘, Public Affairs,’’ after 

‘‘952.204–75.’’ 

■ 31. The heading for subchapter B is 

revised to read as follows: 

Subchapter B—Competition Acquisition 

Planning 

PART 908—REQUIRED SOURCES OF 

SUPPLIES AND SERVICES 

■ 32. Section 908.802 is amended by 

revising the section heading and 

removing ‘‘48 CFR 952.208–70. ’’ in 

paragraph (b) and adding in its place, 

‘‘952.208–70, Printing, in all contracts.’’ 

The revision reads as follows: 

908.802 Policy. 

* * * * * 

■ 33. Section 908.1104 is amended by 

revising the section heading, 

redesignating paragraph (e) as (f), and 

removing ‘‘48 CFR’’ in newly designated 

paragraph (f). 

The revision reads as follows: 

908.1104 Contract clauses. 

* * * * * 

908.7105 [Amended] 

■ 34. Section 908.7105 is amended by 

removing ‘‘DOE–PMR 41 CFR 109– 

25.302–2.’’ at the end of the sentence 

and adding in its place ‘‘DOE–PMR 41 

CFR 109–25.302.’’ 

908.7106 [Amended] 

■ 35. Section 908.7106 is amended by 

removing ‘‘DOE–PMR 41 CFR 109– 

25.302–2.’’ in paragraph (a) at the end 

of the sentence and adding in its place 

‘‘DOE–PMR 41 CFR 109–25.302.’’; and 

removing ‘‘FPMR 41 CFR 101–26.407 

and’’ in paragraph (b). 

908.7108 [Removed and Reserved] 

■ 36. Section 908.7108 is removed and 

reserved. 

908.7111 [Amended] 

■ 37. Section 908.7111 is amended by 

removing ‘‘Commanding General, 

Headquarters, U.S. Army Material 

Development and Readiness Command, 

5001 Eisenhower Avenue, Alexandria, 

VA 22333.’’ in paragraph (c), and adding 

in its place ‘‘Commanding General, 

Headquarters, U.S. Army Materiel 

Command, 9301 Chapek Road, Fort 

Belvoir, VA 22060–5527.’’ 

■ 38. Section 908.7113 is revised to read 

as follows: 

908.7113 Calibration services. 

Orders for calibration services may be 

placed with the National Institute of 

Standards and Technology, 100 Bureau 

Drive, Stop 2300, Gaithersburg, MD 

20899–2300, by either DOE acquisition 

offices or its authorized contractors. 

Copies of the letters authorizing 

contractors to order calibration services 

on behalf of DOE shall be sent to the 

National Institute of Standards and 

Technology, Attention: ‘‘Calibration 

Services.’’ 

■ 39. Section 908.7115 is amended by 

revising paragraph (a) to read as follows: 

908.7115 Forms. 

(a) DOE forms shall be obtained by 

DOE offices in accordance with the DOE 

Guide 242.1–1, DOE Forms 

Management, for use with DOE Order 

200.1, Information Management 

Program. 

* * * * * 

PART 909—CONTRACTOR 

QUALIFICATIONS 

■ 40. Add a new section 909.104 to 

subpart 909.1 to read as follows: 

909.104 Standards. 

909.104–1 [Amended] 

■ 41. Section 909.104–1, paragraph (h) 

is amended by removing ‘‘48 CFR’’. 

■ 42. Section 909.104–3 is amended by 

revising the section heading and 

removing ‘‘DOE’’ in paragraph (e) at the 

beginning of the paragraph, and adding 

in its place, ‘‘Guaranteeing corporate 

entities. The Department of Energy 

(DOE)’’. 

The revision reads as follows: 

909.104–3 Application of standards. 

* * * * * 

909.400 [Amended] 

■ 43. Section 909.400 is amended by 

removing the ‘‘.’’ at the end of paragraph 

(a) and adding in its place a ‘‘;’’. 

909.403 [Amended] 

■ 44. Section 909.403 is amended by: 

■ a. Adding ‘‘Debarring and suspending 

official, for the DOE, the designees are:’’ 

after the introductory paragraph; 

■ b. Removing the words ‘‘Debarring 

Official. The’’ and adding in its place 

‘‘(1) Debarring Official means the’’; and 

■ c. Removing the words ‘‘Suspending 

Official. The’’ and adding in its place 

‘‘(2) Suspending Official means the’’. 

■ 45. Section 909.406–2 is amended by: 

■ a. Revising the section heading to read 

as set forth below; 

■ b. Removing ‘‘DOE’’ in the 

introductory text of paragraph (c); 

■ c. Removing ‘‘; and’’ in paragraph 

(c)(1) after ‘‘subcontract’’ and adding in 

its place a period; and 

■ d. Removing the ‘‘;’’ at the end of the 

sentence in paragraph (d)(1), after 

‘‘9.406–3(c)’’, and adding in its place a 

period. 

909.406–2 Causes for debarment. 

* * * * * 

■ 46. Section 909.406–3 is amended by 

revising the section heading to read as 

follows: 

909.406–3 Procedures. 

* * * * * 

909.406–6 [Redesignated 909.406–70] 

■ 47. Section 909.406–6 is redesignated 

as 909.406–70, and newly designated 

909.406–70 is amended by removing 

‘‘48 CFR (DEAR)’’ in paragraph (b), two 

occurrences. 

■ 48. Add a new section 909.407 to 

subpart 909.4 to read as follows: 


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909.407 Suspension. 

■ 49. Section 909.407–2 is amended by: 

■ a. Revising the section heading; 

■ b. Removing the ‘‘:’’ at the end of the 

introductory text of paragraph (d) and 

adding in its place ‘‘—’’; 

■ c. Removing ‘‘48 CFR (DEAR)’’ in 

paragraphs (d)(1) and (d)(2); 

■ d. Removing the ‘‘.’’ in paragraph 

(d)(1) and adding in its place a 

semicolon; and 

■ e. Removing the ‘‘.’’ at the end of the 

sentence in paragraph (d)(2) and adding 

in its place ‘‘; or’’. 

The revision reads as follows: 

909.407–2 Causes for suspension. 

* * * * * 

■ 50. Section 909.407–3 is amended by 

revising the section heading, removing 

the ‘‘:’’ after ‘‘shall’’ in paragraph (b)(3) 

and adding in its place ‘‘—’’; and 

removing ‘‘48 CFR (DEAR)’’ in 

paragraphs (b)(1), (b)(2) and (e)(1)(iv). 

The revision reads as follows: 

909.407–3 Procedures. 

* * * * * 

■ 51. Section 909.503 is revised to read 

as follows: 

909.503 Waiver. 

Heads of Contracting Activities are 

delegated the authorities in 48 CFR 

9.503 regarding the waiver of 

organizational and consultant conflicts 

of interest requirements. 

■ 52. Section 909.504 is amended by 

revising the section heading and by 

removing ‘‘48 CFR’’ in paragraph (e). 

The revision reads as follows: 

909.504 Contracting officer 

responsibilities. 

* * * * * 

■ 53. Section 909.507–1 is amended by 

revising the section heading and 

removing ‘‘48 CFR’’ in paragraph (e). 

The revision reads as follows: 

909.507–1 Solicitation provisions. 

* * * * * 

909.507–2 [Amended] 

■ 54. Section 909.507–2 is amended by 

removing ‘‘48 CFR’’ in paragraphs (a)(1), 

(a)(2) and (b). 

PART 911—DESCRIBING AGENCY 

NEEDS 

911.604 [Amended] 

■ 55. Section 911.604(b) is amended by 

adding a ‘‘,’’ after ‘‘Energy)’’. 

PART 912—ACQUISITION OF 

COMMERCIAL ITEMS 

■ 56. Section 912.302 is revised to read 

as follows: 

912.302 Tailoring of provisions and 

clauses for the acquisition of commercial 

items. 

(c) The waiver required by 48 CFR 

12.302(c) shall be in writing and 

approved by the local procurement 

manager or individual appointed for 

that purpose by the local procurement 

manager. 

PART 913—SIMPLIFIED ACQUISITION 

PROCEDURES 

■ 57. Section 913.307 is amended by 

revising the section heading to read as 

follows: 

913.307 Forms. 

* * * * * 

PART 914—SEALED BIDDING 

■ 58. Add a new section 914.404 to 

subpart 914.4 to read as follows: 

914.404 Rejection of bids. 

914.404–1 [Amended] 

■ 59. Section 914.404–1, paragraph (c), 

is amended by removing ‘‘Procurement 

Executive has’’ and adding in its place 

‘‘Senior Procurement Executives have’’. 

914.407–3 [Amended] 

■ 60. Section 914.407–3(e) is amended 

in the first and second sentences by 

removing ‘‘Procurement Executive has,’’ 

and add in its place ‘‘Senior 

Procurement Executives have’’. 

914.407–4 [Amended] 

■ 61. Section 914.407–4 is amended by 

removing ‘‘Procurement Executive has’’ 

and adding in its place ‘‘Senior 

Procurement Executives have’’ in the 

first sentence; and adding ‘‘appropriate 

Senior’’ before the word ‘‘Procurement’’ 

in the second sentence. 

914.408–2 [Redesignated] 

■ 62. Section 914.408–2 is redesignated 

as 914.409–2. 

PART 915—CONTRACTING BY 

NEGOTIATION 

■ 63. Section 915.200 is revised to read 

as follows: 

915.200 Scope of subpart. 

The 48 CFR subpart 15.2 is not 

applicable to Program Opportunity 

Notices for Commercial Demonstrations 

(See subpart 917.72) or Program 

Research and Development 

Announcements (See subpart 917.73). 

■ 64. Add a new section 915.207 to 

subpart 915.2 to read as follows: 

915.207 Handling proposals and 

information. 

■ 65. Section 915.207–70 is amended by 

revising the section heading and 

removing ‘‘DOE’’ in paragraph (f)(3), in 

the last sentence and adding in its place 

‘‘Senior’’. 

The revision reads as follows: 

915.217–70 Handling proposals and 

information during evaluation. 

* * * * * 

■ 66. Section 915.305 is amended by 

revising the section heading to read as 

follows: 

915.305 Proposal evaluation. 

* * * * * 

■ 67. Add a new section 915.404 to 

subpart 915.4 to read as follows: 

915.404 Proposal analysis. 

■ 68. Section 915.404–2 is amended by 

revising the section heading, removing 

‘‘48 CFR’’ in paragraph (c)(1), and 

redesignating paragraphs (c)(2) as 

(c)(2)(i) and (e)(6) as (c)(2)(ii). 

The revision reads as follows: 

915.404–2 Information to support proposal 

analysis. 

* * * * * 

915.404–2–70 [Amended] 

■ 69. Section 915.404–2–70 is amended 

by removing the ‘‘:’’ in paragraph (a), 

and adding in its place ‘‘—’’. 

■ 70. Section 915.404–4 is amended by 

revising the section heading to read as 

follows: 

915.404–4 Profit. 

* * * * * 

915.404–70–2 [Redesignated 915.404–4– 

70–2] 

■ 71. Section 915.404–70–2 is 

redesignated as 915.404–4–70–2 and 

paragraphs (a) and (b) are amended by 

removing ‘‘48 CFR’’. 

915.404–4–70–4 [Amended] 

■ 72. Section 915.404–4–70–4 is 

amended by removing the ‘‘:’’ in 

paragraph (b) introductory text, and 

adding in its place ‘‘—’’; and removing 

‘‘48 CFR’’ in paragraph (d), and adding 

in its place ‘‘subpart’’. 

915.404–4–70–5 [Amended] 

■ 73. Section 915.404–4–70–5(d) is 

amended by removing ‘‘48 CFR’’. 

915.404–4–70–6 [Amended] 

■ 74. Section 915.404–4–70–6 is 

amended by removing ‘‘48 CFR’’. 


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915.404–4–70–7 [Amended] 

■ 75. Section 915.404–4–70–7 is 

amended by removing ‘‘48 CFR’’ in 

paragraphs (a) and (b). 

915.404–4–71–1 [Amended] 

■ 76. Section 915.404–4–71–1 is 

amended by removing the ‘‘,’’ in 

paragraph (a)(1) and adding in its place 

a ‘‘;’’; adding a ‘‘;’’ in paragraph (a)(2) 

after the word ‘‘performance’’; and 

removing the word ‘‘for’’ in paragraph 

(b) before the word ‘‘thereunder’’. 

915.404–4–71–3 [Amended] 

■ 77. Section 915.404–4–71–3 is 

amended by removing ‘‘48 CFR’’ in 

paragraphs (a) and (d); removing the ‘‘.’’ 

in paragraph (b) introductory text, and 

adding in its place ‘‘—’’; adding ‘‘—’’ in 

paragraph (b)(1), at the end of the 

sentence; and removing the ‘‘,’’ in 

paragraphs (b)(1)(i), (ii) and (iii), and 

adding in its place a ‘‘;’’. 

915.404–4–71–4 [Amended] 

■ 78. Section 915.404–4–71–4(a) is 

amended by removing ‘‘48 CFR’’. 

915.404–4–71–5 [Amended] 

■ 79. Remove ‘‘48 CFR’’ in 915.404–4– 

71–5, all occurrences, in paragraphs (a), 

(e)(1), and (e)(3). 

915.404–4–71–6 [Amended] 

■ 80. Section 915.404–4–71–6 is 

amended by removing ‘‘(See 48 CFR 

936.70.)’’ in paragraph (b)(4); removing 

‘‘as defined in 48 CFR 936.7201’’ in 

paragraph (b)(6); and removing ‘‘48 

CFR’’ in paragraph (c). 

915.404–4–72 [Amended] 

■ 81. Section 915.404–4–72 is amended 

by removing ‘‘48 CFR’’ in all 

occurrences in paragraphs (a) 

introductory text, (a)(1), and (b). 

■ 82. Add a new section 915.408 to 

subpart 915.4 to read as follows: 

915.408 Solicitation provisions and 

contract clauses. 

■ 83. Section 915.408–70 is amended by 

revising the section heading and 

removing ‘‘48 CFR’’ in all occurrences. 

The revision reads as follows: 

915.408–70 Key Personnel clause. 

* * * * * 

915.602 [Amended] 

■ 84. Section 915.602 is amended by 

removing paragraph (b). 

■ 85. Section 915.603 is amended by 

revising the section heading and 

redesignating paragraph (e) as (f). 

The revision reads as follows: 

915.603 General. 

* * * * * 

■ 86. Section 915.605 is amended by 

revising the section heading and in 

paragraph (b)(5) removing ‘‘48 CFR’’ and 

adding in its place ‘‘subpart’’. 

The revision reads as follows: 

915.605 Content of unsolicited proposals. 

* * * * * 

■ 87. Section 915.606 is amended by 

revising the section heading; removing 

‘‘Coordinator’’ from paragraph (b) and 

adding in its place ‘‘Manager’’; and 

removing ‘‘(PGH)’’ from paragraph (b) 

and adding in its place ‘‘P.O. Box 10940, 

MS 921–107’’. 

The revision reads as follows: 

915.606 Agency procedures. 

* * * * * 

■ 88. Section 915.607 is revised to read 

as follows: 

915.607 Criteria for acceptance and 

negotiation of an unsolicited proposal. 

(c) DOE’s cost participation policy, at 

subpart 917.70, shall be followed in 

determining the extent to which the 

DOE will participate in the cost for the 

proposed effort. 

PART 916—TYPES OF CONTRACTS 

916.307 [Amended] 

■ 89. Section 916.307 is amended by 

redesignating paragraph (j) as paragraph 

(g); and removing ‘‘The contracting 

officer shall insert’’ at the beginning of 

the sentence, and adding in its place 

‘‘Insert’’. 

916.404–2 [Redesignated as 916.405–2] 

■ 90. Redesignate section 916.404–2 as 

916.405–2. 

■ 91. Add a new section 916.405 to read 

as follows: 

916.405 Cost-reimbursement incentive 

contracts. 

■ 92. The heading for section 916.504 is 

revised to read as follows: 

916.504 Indefinite-quantity contracts. 

* * * * * 

■ 93. Section 916.505 is amended by 

revising it to read as follows: 

916.505 Ordering. 

(b)(6)(i) The Director, Office of 

Contract Management, Office of 

Procurement and Assistance 

Management, is designated as the DOE 

Ombudsman for task and delivery order 

contracts in accordance with 48 CFR 

16.505(b)(6). The Director, Office of 

Acquisition and Supply Management, is 

the designated NNSA Ombudsman for 

task and delivery order contracts in 

accordance with 48 CFR 16.505(b)(6). 

(ii) The Heads of Contracting 

Activities shall designate a senior 

manager to serve as the Contracting 

Activity Ombudsman for task and 

delivery order contracts. If, for any 

reason, the Contracting Activity 

Ombudsman is unable to execute the 

duties of the position, the Head of the 

Contracting Activity shall designate an 

Acting Contracting Activity 

Ombudsman. 

(iii) The Contracting Activity 

Ombudsman shall— 

(A) Be independent of the contracting 

officer who awarded and/or is 

administering the contract under which 

a complaint is submitted; 

(B) Not assume any duties and 

responsibilities pertaining to the 

evaluation or selection of an awardee for 

the issuance of an order under a 

multiple award, task or delivery order 

contract; 

(C) Review complaints from 

contractors awarded a task or delivery 

order contract; 

(D) Collect all facts from the cognizant 

organizations or individuals that are 

relevant to a complaint submitted to 

ensure that the complainant and all 

contractors were afforded a fair 

opportunity to be considered for the 

order issued in accordance with the 

procedures set forth in each awardees’ 

contract; 

(E) Maintain a written log to track 

each complaint submitted from receipt 

through disposition; 

(F) Ensure that no information is 

released which is determined to be 

proprietary or is designated as source 

selection information; and 

(G) Resolve complaints at the 

contracting activity for which they have 

cognizance. 

(iv) If, upon review of all relevant 

information, the Contracting Activity 

Ombudsman determines that corrective 

action should be taken, the Contracting 

Activity Ombudsman shall report the 

determination to the cognizant 

contracting officer. Issues which cannot 

be so resolved should be forwarded to 

the DOE Ombudsman. 

916.601 [Removed and Reserved] 

■ 94. Section 916.601 in subpart 916.6 

is removed and reserved. 

PART 917—SPECIAL CONTRACTING 

METHODS 

■ 95. Section 917.600, paragraph (a) is 

revised and paragraph (b) is amended by 

removing ‘‘48 CFR’’. 

The revision reads as follows: 

917.600 Scope of subpart. 

(a) This subpart implements 48 CFR 

subpart 17.6, Management and 


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Operating Contracts. Departmental 

policies, procedures, provisions and 

clauses to be used in the award and 

administration of management and 

operating contracts that either 

implement or supplement the Federal 

Acquisition Regulation and parts 901 

through 952 of this chapter are 

contained in part 970. 

* * * * * 

917.7200 [Amended] 

■ 96. Section 917.7200(a) is amended by 

removing the word ‘‘non-nuclear’’ and 

adding in its place ‘‘non nuclear’’. 

PART 922—APPLICATION OF LABOR 

LAWS TO GOVERNMENT 

ACQUISITION 

922.103–4 [Amended] 

■ 97. Section 922.103–4(d) is amended 

by: 

■ a. Removing the introductory heading 

‘‘Approvals.’’ at the beginning of the 

paragraph; 

■ b. Removing ‘‘DOE’’ and adding in its 

place ‘‘Department of Energy (DOE)’’ in 

paragraph (d)(1) introductory text; 

■ c. Removing the ‘‘:’’ and adding in its 

place ‘‘—’’ at the end of paragraph (d)(1) 

introductory text; 

■ d. Removing the word ‘‘means’’ and 

adding in its place ‘‘means—’’ in 

paragraph (d)(1)(i), second sentence; 

and 

■ e. Removing ‘‘advance,’’ and adding 

in its place ‘‘advance;’’ in paragraph 

(d)(1)(i)(A). 

922.103–5 [Amended] 

■ 98. Section 922.103–5 is amended in 

the last sentence by adding the word 

‘‘subpart’’ after the word ‘‘See’’. 

922.802 [Removed and Reserved] 

■ 99. Section 922.802 is removed and 

reserved. 

■ 100. The heading for Part 923 is 

revised to read as follows: 

PART 923—ENVIRONMENT, ENERGY 

AND WATER EFFICIENCY, 

RENEWABLE ENERGY 

TECHNOLOGIES, OCCUPATIONAL 

SAFETY, AND DRUG-FREE 

WORKPLACE 

■ 101. Section 923.405 is amended by 

revising the section heading to read as 

follows: 

923.405 Procedures. 

* * * * * 

■ 102. The heading for subpart 923.5 is 

revised to read as follows: 

Subpart 923.5—Drug-Free Workplace 

923.570–1 [Amended] 

■ 103. Section 923.570–1 is amended by 

removing the ‘‘:’’ and adding in its place 

‘‘—’’ in paragraph (a) introductory text; 

removing the ‘‘,’’ in paragraph (a)(1), 

and adding in its place a ‘‘;’’ and 

removing the ‘‘;’’ at end of sentence; and 

removing the ‘‘:’’ in paragraph (a)(2), 

and adding in its place ‘‘—’’. 

923.570–2 [Amended] 

■ 104. Section 923.570–2 is amended in 

paragraphs (a) and (b) by removing ‘‘48 

CFR’’ in three places. 

923.570–3 [Amended] 

■ 105. Section 923.570–3 is amended by 

removing ‘‘48 CFR’’ in paragraph (a) and 

(b)(2); removing the ‘‘:’’ in paragraph (b), 

and adding in its place ‘‘—’’; and 

removing ‘‘the provision at 970.5204– 

57; or’’ in paragraph (b)(2), and adding 

in its place ‘‘the clause at 970.5223–4, 

Workplace Substance Abuse Programs 

at DOE Sites; or’’. 

■ 106. Subpart 923.70 is amended by 

revising the subpart heading to read as 

follows: 

Subpart 923.70—Environmental, 

Energy and Water Efficiency, 

Renewable Energy Technologies, and 

Occupational Safety Programs 

923.7001 [Amended] 

■ 107. Section 923.7001 is amended by 

removing the paragraph designation 

‘‘(a)’’. 

■ 108. Section 923.7002 is amended by 

revising the section heading, the first 

sentence in paragraph (a)(1) and by 

removing in paragraph (a)(5), 

‘‘Environment, Safety and Health’’ and 

adding in its place ‘‘Health, Safety and 

Security’’. 

The revisions read as follows: 

923.7002 Worker safety and health. 

(a)(1) Except when the clause 

prescribed at 970.1504–8(c) is used, the 

clauses entitled ‘‘952.223–76, 

Conditional Payment of Fee or Profit— 

Safeguarding Restricted Data and Other 

Classified Information and Protection of 

Worker Safety and Health’’ or ‘‘952.223– 

77, Conditional Payment of Fee or 

Profit—Protection of Worker Safety and 

Health’’ implement the requirements of 

section 234C of the Atomic Energy Act 

for the use of a contract clause that 

provides for an appropriate reduction in 

the fee or amount paid to the contractor 

under the contract in the event of a 

violation by the contractor or any 

contractor employee of any 

Departmental regulation relating to the 

enforcement of worker safety and health 

concerns. * * * 

* * * * * 

■ 109. Section 923.7003 is revised to 

read as follows: 

923.7003 Contract clauses. 

(a) A decision to include or not 

include environmental, safety and 

health clauses in DOE contracts shall be 

made by the contracting officer in 

consultation with appropriate Office of 

Health, Safety and Security personnel. 

(b) When work is to be performed at 

a facility where the DOE will exercise 

its statutory authority to enforce 

occupational safety and health 

standards applicable to the working 

conditions of the contractor and 

subcontractor employees at such 

facility, the clause at 952.223–71, 

Integration of Environment, Safety, and 

Health into Work Planning and 

Execution, shall be used in such 

contract or subcontract if conditions 

(b)(1) through (3), are satisfied— 

(1) DOE work is segregated from the 

contractor’s or subcontractor’s other 

work; 

(2) The operation is of sufficient size 

to support its own safety and health 

services; and 

(3) The facility is government-owned, 

or leased by or for the account of the 

government. 

(c) In facilities not meeting the 

requirements of paragraph (b) of this 

section and which are a production or 

utilization facility where there is use or 

possession of source, special nuclear, or 

byproduct materials, DOE policy is not 

to enforce radiological safety and health 

standards pursuant to the contract or 

subcontract but rather to rely upon 

Nuclear Regulatory Commission (NRC) 

licensing requirements (including 

agreements with States under section 

274 of the Atomic Energy Act). Pursuant 

to this policy, neither the clause found 

at 952.223–71, Integration of 

Environment, Safety, and Health into 

Work Planning and Execution, nor 

952.223–72, Radiation Protection and 

Nuclear Criticality, is to be incorporated 

in the contracts or subcontracts for work 

at such facilities. Notwithstanding this 

general policy with respect to facilities 

not meeting the requirements of 

paragraph (b) of this section, the 

Secretary or his designee may determine 

in special cases, that DOE needs to 

enforce radiological safety and health 

standards pursuant to the contract or 

subcontract (see paragraph (d) of this 

section). When such a determination is 

made, the clause found at 952.223–72, 

Radiation Protection and Nuclear 

Criticality, shall be included in the 

contract or subcontract. 


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(d) In facilities not meeting the 

requirements of paragraph (b) or (c) of 

this section and where there is a 

machine capable of producing ionizing 

radiation, it is DOE policy not to 

regulate such activity where it is 

adequately regulated by a State or other 

Federal agency. In such cases, neither 

clause 952.223–71, Integration of 

Environment, Safety, and Health into 

Work Planning and Execution, nor 

952.223–72, Radiation Protection and 

Nuclear Criticality, shall be 

incorporated in the contract. Where the 

contracting officer, with appropriate 

environmental, safety and health advice 

determines that no State or other 

Federal agency exists to adequately 

regulate the operation and/or use of 

such machines, the clause found at 

952.223–72, Radiation Protection and 

Nuclear Criticality, shall be included in 

the contract. The Assistant Secretary for 

Health, Safety and Security (or 

designee) shall be consulted to 

determine if a non-agreement State or a 

facility located in a non-agreement State 

has been reviewed by any other DOE 

office to establish that the State agency 

has the essential authority and resources 

for enforcing the radiation protection 

standards. This is to assure reasonable 

consistency in the assessment of 

radiation protection in non-agreement 

States and subsequent use of 952.223– 

72. 

(e) In a situation where the contractor 

or subcontractor is performing DOE 

work at more than one location, 

inclusion of either, or both, 952.223–71, 

Integration of Environment, Safety, and 

Health into Work Planning and 

Execution, and 952.223–72, Radiation 

Protection and Nuclear Criticality, may 

be appropriate. In such cases, the 

contract or subcontract must include 

language to specify the extent of 

applicability of each clause used. For 

example, with a parenthetical: 

(Applicable only to work performed at 

a contractor site which has 952.223–71 

or 952.223–72 clause in its contract or 

subcontract). 

(f) Except as prescribed in 970.1504– 

8(c), the contracting officer shall insert 

the clause at 952.223–76, Conditional 

Payment of Fee or Profit—Safeguarding 

Restricted Data and Other Classified 

Information and Protection of Worker 

Safety and Health, in all contracts that 

contain both the clause at 952.204–2, 

Security Requirements, and the clause 

at 952.250–70, Nuclear Hazards 

Indemnity Agreement. 

(g) Except as prescribed in 970.1504– 

8(c), the contracting officer shall insert 

the clause at 952.223–77, Conditional 

Payment of Fee or Profit—Protection of 

Worker Safety and Health, in all 

contracts that do not contain the clause 

at 952.204–2, Security Requirements, 

but that do contain the clause at 

952.250–70, Nuclear Hazards Indemnity 

Agreement. 

PART 925—FOREIGN ACQUISITION 

925.102 [Redesignated as 925.103] 

■ 110. Redesignate 925.102 as 925.103. 

■ 111. Revise newly designated 925.103 

to read as follows: 

925.103 Exceptions. 

(a) Contracting officers may make the 

determination required by FAR 

25.103(a), provided such determination 

is factually supported in writing. If the 

contract is estimated to exceed $1 

million, the Head of the Contracting 

Activity shall approve the 

determination. 

925.105 and 925.108 [Removed] 

■ 112. Sections 925.105 and 925.108 in 

subpart 925.1 are removed. 

925.204 [Removed] 

■ 113. Section 925.204 in subpart 925.2 

is removed. 

■ 114. The heading of subpart 925.7 is 

revised to read as follows: 

Subpart 925.7—Prohibited Sources 

925.702 [Redesignated as 925.701–70] 

■ 115. Redesignate section 925.702 as 

925.701–70. 

■ 116. Revise newly designated section 

925.701–70 to read as follows: 

925.701–70 Prohibited sources. 

No contract may be awarded to a 

company owned by an entity controlled 

by a foreign government if performance 

of the contract will require access to 

proscribed information. See subpart 

904.71 for additional guidance. 

925.7003 [Amended] 

■ 117. Section 925.7003 is amended by 

removing the ‘‘:’’ in paragraph (a) 

introductory text and adding in its place 

‘‘—’’; removing the ‘‘,’’ in paragraph 

(a)(1) and adding in its place ‘‘;’’; and 

removing the ‘‘:’’ in paragraph (b) 

introductory text and adding in its place 

‘‘—’’. 

PART 928—BONDS AND INSURANCE 

■ 118. The heading for subpart 928.1 is 

revised to read as follows: 

Subpart 928.1—Bonds and Other 

Financial Protections 

■ 119. Add a new section 928.101 to 

subpart 928.1 to read as follows: 

928.101 Bid guarantees. 

■ 120. Add a new section 928.103 to 

subpart 928.1 to read as follows: 

928.103 Performance and payment bonds 

for other than construction contracts. 

928.301 [Amended] 

■ 121. Section 928.301 is amended by 

adding ‘‘part’’ before ‘‘950’’. 

928.370 [Amended] 

■ 122. Section 928.370(b) introductory 

text is amended by removing the ‘‘:’’ and 

adding in its place ‘‘—’’. 

PART 931—CONTRACT COST 

PRINCIPLES AND PROCEDURES 

■ 123. Add a new section 931.205 to 

subpart 931.2 to read as follows: 

931.205 Selected costs. 

■ 124. Section 931.205–19 is amended 

by revising the section heading; 

redesignating paragraph (h) as (f); 

removing ‘‘48 CFR’’; and adding ‘‘, 

Insurance-litigation and claims,’’ after 

‘‘952.231–71’’. 

The revision reads as follows: 

931.205–19 Insurance and Indemnification. 

* * * * * 

931.205–32 [Amended] 

■ 125. Section 931.205–32 is amended 

by removing the word ‘‘Precontract’’, in 

the section heading, and paragraphs 

(b)(1) and (b)(4), and adding in its place 

‘‘Pre-contract’’; and by removing the 

word ‘‘precontract’’ in paragraphs (a), 

(b) introductory text, (b)(2), and (b)(4), 

and adding in its place ‘‘pre-contract’’. 

■ 126. Section 931.205–33 is amended 

by revising the heading to read as 

follows: 

931.205–33 Professional and consultant 

service costs. 

* * * * * 

■ 127. Section 931.205–47 is amended 

by revising the heading and removing 

the ‘‘;’’ in paragraph (h)(2) introductory 

text and adding in its place ‘‘—’’. 

The revision reads as follows: 

931.205–47 Costs related to legal and 

other proceedings. 

* * * * * 

PART 932—CONTRACT FINANCING 

■ 128. Add a new section 932.006 to 

part 932 to read as follows: 

932.006 Reduction or suspension of 

contract payments upon finding of fraud. 

■ 129. The heading in subpart 932.1 is 

revised to read as follows: 


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Subpart 932.1—Non-Commercial Item 

Purchase Financing 

■ 130. Section 932.102 is amended by 

revising the heading to read as follows: 

932.102 Description of contract financing 

methods. 

* * * * * 

■ 131. Add a new section 932.304 to 

subpart 932.2 to read as follows: 

932.304 Procedures. 

■ 132. Add a new section 932.501 to 

subpart 932.5 to read as follows: 

932.501 General. 

932.605 [Amended] 

■ 133. Section 932.605(b) is amended in 

the first sentence by removing ‘‘DOE’’ 

and adding in its place ‘‘Department of 

Energy (DOE)’’. 

932.7003 [Amended] 

■ 134. Section 932.7003(e) introductory 

text is amended by removing the ‘‘:’’ and 

adding in its place ‘‘—’’. 

932.7004–3 [Amended] 

■ 135. Section 932.7004–3 introductory 

text is amended by removing the ‘‘:’’ and 

adding in its place ‘‘—’’. 

PART 933—PROTESTS, DISPUTES, 

AND APPEALS 

Subpart 933.1—Protests 

■ 136. Section 933.102 is amended by 

revising the section heading; and in 

paragraph (b), adding ‘‘(HCA)’’ after 

‘‘Activities’’. 

The revision reads as follows: 

933.102 General. 

* * * * * 

■ 137. Section 933.103 is revised to read 

as follows: 

933.103 Protests to the agency. 

(i) Protests filed with the contracting 

officer before or after award shall be 

decided by the HCA except for the 

following cases, which shall be decided 

by the Senior Procurement Executive: 

(1) The protester requests that the 

protest be decided by the Senior 

Procurement Executive. 

(2) The HCA is the contracting officer 

of record at the time the protest is filed, 

having signed either the solicitation 

where the award has not been made, or 

the contract, where the award or 

nomination of the apparent successful 

offeror has been made. 

(3) The HCA concludes that one or 

more of the issues raised in the protest 

have the potential for significant impact 

on Department of Energy (DOE) 

acquisition policy. 

(j) The Department of Energy 

encourages direct negotiations between 

an offeror and the contracting officer in 

an attempt to resolve protests. In those 

situations where the parties are not able 

to achieve resolution, the Department 

favors the use of alternative dispute 

resolution (ADR) techniques to resolve 

protests. A protest requesting a decision 

at the Headquarters level shall state 

whether the protester is willing to 

utilize ADR techniques such as 

mediation or nonbinding evaluation of 

the protest by a neutral party. Both the 

protester and the Department must agree 

that the use of such techniques is 

appropriate. If the parties do not 

mutually agree to utilize ADR 

techniques to resolve the protest, the 

protest will be processed in accordance 

with the procedures set forth in 

paragraph (k). 

(k) Upon receipt of a protest lodged 

with the Department, the contracting 

officer shall prepare a report similar to 

that discussed in FAR 33.104(a)(3)(iv). 

The Senior Procurement Executive (for 

protests at the Headquarters level or 

those specific HCA protests cited in 

paragraph (i) of this section) or an HCA 

(for protests at the contracting activity 

level) will render a decision on a protest 

within 35 calendar days, unless a longer 

period of time is determined to be 

needed. 

■ 138. Section 933.104 is amended by 

revising the section heading; removing 

‘‘GAO’’ in paragraph (b) (first 

occurrence) and adding in its place 

‘‘Government Accountability Office 

(GAO)’’; and removing ‘‘Head of the 

Contracting Activity’’ in paragraphs (b), 

in two places, and (c), and adding in its 

place ‘‘HCA’’. 

The revision reads as follows: 

933.104 Protests to GAO. 

* * * * * 

933.106 [Amended] 

■ 139. Section 933.106 is amended by 

removing ‘‘48 CFR’’ in paragraphs (a), 

(b), and (c). 

PART 935—RESEARCH AND 

DEVELOPMENT CONTRACTING 

935.010 [Amended] 

■ 140. Section 935.010(c) is amended by 

removing after ‘‘thereto,’’ the remainder 

of the first sentence and adding in its 

place ‘‘electronically to the Department 

of Energy (DOE) Energy Link System 

(E-link) at http://www.osti.gov/.’’ 

PART 936—CONSTRUCTION AND 

ARCHITECT-ENGINEER CONTRACTS 

936.202 [Amended] 

■ 141. Section 936.202 is amended by 

removing, in paragraph (d) ‘‘the 

regulations prescribed by the General 

Accounting Office in sections 3020–10 

and 3030 of Title 7 of GAO Manual for 

Guidance of Federal Agencies’’ and 

adding in its place ‘‘internal financial 

procedures’’; and removing ‘‘therefor’’ 

in paragraph (e) after ‘‘payments’’. 

936.602–70 [Amended] 

■ 142. Section 936.602–70 is amended 

by removing ‘‘required by 936.601,’’ in 

the introductory paragraph; removing 

the ‘‘:’’ in paragraph (a) in the first line 

and adding in its place ‘‘—’’; removing 

the ‘‘:’’ in paragraph (a)(7) and adding in 

its place ‘‘; or’’; and removing the ‘‘:’’ in 

paragraph (b)(1) introductory text and 

adding in its place ‘‘—’’. 

Subpart 936.7—[Removed and 

Reserved] 

■ 143. Subpart 936.7 consisting of 

936.702 is removed and reserved. 

PART 939—ACQUISITION OF 

INFORMATION TECHNOLOGY 

939.7001 [Removed and Reserved] 

■ 144. Section 939.7001 is removed and 

reserved. 

939.7002 [Amended] 

■ 145. Section 939.7002 is amended by 

removing ‘‘48 CFR’’ in paragraph (b), 

second sentence; removing the ‘‘:’’ at the 

end of paragraph (c) introductory text 

and adding in its place ‘‘—’’; and 

removing the ‘‘,’’ in paragraph (c)(1) and 

adding in its place ‘‘;’’. 

PART 941—ACQUISITION OF UTILITY 

SERVICES 

941.201–71 [Amended] 

■ 146. Section 941.201–71 is amended 

by removing ‘‘48 CFR’’. 

PART 942—CONTRACT 

ADMINISTRATION AND AUDIT 

SERVICES 

■ 147. Part 42 title is revised to read as 

set forth above. 

■ 148. Section 942.270–2 is revised to 

read as follows: 

942.270–2 Contract clause. 

The clause at 952.242–70, Technical 

Direction, or a clause substantially the 

same, may be inserted in solicitations 

and contracts when a designated 

Contracting Officer’s Representative will 


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issue technical direction to the 

contractor under the contract. 

■ 149. Add a new section 942.705 to 

subpart 942.7 to read as follows: 

942.705 Final indirect cost rates. 

■ 150. Section 942.705–1 is amended by 

revising the heading to read as follows: 

942.705–1 Contracting officer 

determination procedure. 

* * * * * 

■ 151. Section 942.705–3 is amended by 

revising the heading to read as follows: 

942.705–3 Educational institutions. 

* * * * * 

942.705 [Amended] 

■ 152. 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 words in the 

right column: 

Section Remove Add 

942.705–1(a)(3) ...................................................... ‘‘Policy’’ ................................................................... ‘‘Procurement and Assistance Policy’’ 

942.705–3(a)(2) ...................................................... ‘‘Policy’’ ................................................................... ‘‘Procurement and Assistance Policy’’ 

942.705–4 ............................................................... ‘‘Policy’’ ................................................................... ‘‘Procurement and Assistance Policy’’ 

942.705–5 ............................................................... ‘‘Policy’’ ................................................................... ‘‘Procurement and Assistance Policy’’ 

PART 947—TRANSPORTATION 

Subpart 947.5—[Removed] 

■ 153. Subpart 947.5 is removed. 

947.7001 [Amended] 

■ 154. Section 947.7001 is amended by 

removing ‘‘DOE Order 551.1’’ and 

adding in its place ‘‘DOE Order 551.1C, 

or its successor’’. 

947.7002 [Amended] 

■ 155. Section 947.7002 is amended by 

removing ‘‘48 CFR’’. 

■ 156. The heading for part 950 is 

revised to read as follows: 

PART 950—EXTRAORDINARY 

CONTRACTUAL ACTIONS AND THE 

SAFETY ACT 

950.7000 [Amended] 

■ 157. Section 950.7000 is amended by 

removing ‘‘DOE’’ and adding in its place 

‘‘the Department of Energy (DOE)’’. 

950.7002 [Amended] 

■ 158. Section 950.7002 is amended by 

removing the ‘‘:’’ following the 

introductory text of the definition of 

Person indemnified and adding in its 

place ‘‘—’’. 

PART 951—USE OF GOVERNMENT 

SOURCES BY CONTRACTORS 

951.101 [Amended] 

■ 159. Section 951.101 is amended by 

removing ‘‘DOE’’ and adding in its place 

‘‘Department of Energy (DOE)’’. 

951.102 [Amended] 

■ 160. Section 951.102 is amended by 

removing in paragraph (c)(1) ‘‘Property’’ 

and adding in its place ‘‘Resource’’. 

PART 952—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

952.000 [Amended] 

■ 161. Section 952.000 is amended by 

removing the first ‘‘DOE’’ and adding in 

its place ‘‘Department of Energy (DOE)’’ 

and removing the second ‘‘DOE 

contract’’ and adding in its place 

‘‘Department of Energy Acquisition 

Regulation’’. 

952.203–70 [Amended] 

■ 162. Section 952.203–70 introductory 

text is amended by removing ‘‘48 CFR’’. 

952.204–2 [Amended] 

■ 163. Section 952.204–2 clause is 

amended by: 

■ a. Revising the date of the clause to 

read as set forth below; and 

■ b. Removing ‘‘in effect on the date of 

award.’’ in paragraph (b) and adding in 

its place ‘‘as incorporated into the 

contract.’’; and adding ‘‘, Facility 

Clearance,’’ in paragraph (l) in the 

second sentence after ‘‘DEAR 952.204– 

73’’. 

The revision reads as follows: 

952.204–2 Security requirements. 

* * * * * 

SECURITY (AUG 2009) 

* * * * * 

952.204–72 [Amended] 

■ 164. Section 952.204–72 is amended 

by removing ‘‘Classification’’ and 

adding in its place ‘‘Classification/ 

Declassification’’. 

952.204–73 [Amended] 

■ 165. Section 952.204–73 is amended 

by adding a ‘‘,’’ after ‘‘Interests’’ in the 

introductory text; and removing the ‘‘:’’ 

in paragraphs (b)(1) introductory text 

and (c) introductory text and adding in 

its place ‘‘—’’. 

952.204–75 [Amended] 

■ 166. Section 952.204–75 introductory 

text is amended by removing ‘‘48 CFR’’. 

952.204–76 [Amended] 

■ 167. Section 952.204–76 is amended 

by removing ‘‘48 CFR DEAR’’ in the 

introductory text; and removing the 

word ‘‘Restricted’’ in clause paragraph 

(a)(3) and adding in its place 

‘‘restricted’’. 

952.204–77 [Amended] 

■ 168. Section 952.204–77 clause is 

amended by removing the ‘‘:’’ in 

paragraph (b) introductory text and 

adding in its place ‘‘—’’; and removing 

the ‘‘,’’ in paragraph (b)(1). 

952.209–8 [Amended] 

■ 169. Section 952.209–8 introductory 

text is amended by removing ‘‘48 CFR’’. 

952.209–72 [Amended] 

■ 170. Section 952.209–72 is amended 

by: 

■ a. Revising the date of the clause to 

read as set forth below; 

■ b. Adding, in clause paragraph 

(b)(1)(i), an ‘‘e’’ to ‘‘therefor’’ and 

removing ‘‘DEAR 9.507–2’’ and adding 

in its place ‘‘48 CFR 909.507–2’’; 

■ c. Removing the ‘‘:’’ at the end of 

clause paragraph (b)(2)(i) introductory 

text and adding in its place ‘‘—’’. 

■ d. Removing ‘‘FAR part 13’’ in 

Alternate I, paragraph (f)(1) and adding 

in its place ‘‘48 CFR part 13’’; 

■ e. Removing ‘‘FAR 37.201’’ in 

Alternate I, paragraph (f)(1) and adding 

in its place ‘‘48 CFR 2.101’’; and 

■ f. Removing ‘‘DEAR 909.507–1’’ in 

Alternate I, paragraph (f)(2) and adding 

in its place ‘‘48 CFR 909.507–1’’. 

The revision reads as follows: 

952.209–72 Organizational conflicts of 

interest. 

* * * * * 


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ORGANIZATIONAL CONFLICTS OF 

INTEREST (AUG 2009) 

* * * * * 

952.211–70 [Amended] 

■ 171. Section 952.211–70 introductory 

text is amended by removing the ‘‘.’’ at 

the end of the introductory paragraph 

and adding in its place ‘‘:’’; and 

removing ‘‘officer’’ in the clause and 

adding in its place ‘‘Officer.’’ removing 

‘‘(End of clause)’’ at the end of the 

provision and adding in its place ‘‘(End 

of provision)’’. 

952.211–71 [Amended] 

■ 172. Section 952.211–71 introductory 

text is amended by removing the ‘‘.’’ at 

the end of the introductory paragraph 

and adding in its place ‘‘:’’ 

952.215–70 [Amended] 

■ 173. Section 952.215–70 is amended 

by: 

■ a. Removing ‘‘48 CFR’’ in the 

introductory text; and 

■ b. Removing in clause paragraph (a) 

‘‘48 CFR’’ and adding in its place 

‘‘DEAR’’. 

■ 174. Section 952.216–7 is revised to 

read as follows: 

952.216–7 Allowable cost and payment. 

As prescribed in 916.307(a), when 

contracting with a commercial 

organization modify paragraph (a) of the 

clause at FAR 52.216–7 by adding the 

phrase ‘‘as supplemented by subpart 

931.2 of the Department of Energy 

Acquisition Regulations (DEAR),’’ after 

FAR subpart 31.2. 

952.216–15 [Amended] 

■ 175. Section 952.216–15 clause is 

amended by: 

■ a. Revising the date of the clause 

alternate to read as set forth below; and 

■ b. Removing ‘‘(j)’’ after ‘‘916.307’’ and 

adding in its place ‘‘(g)’’; and removing 

‘‘31.3’’ and adding in its place ‘‘31.4’’. 

The revision reads as follows: 

952.216–15 Predetermined indirect cost 

rates. 

* * * * * 

Alternate (AUG 2009): 

* * * * * 

■ 176. The section heading for 952.223 

is revised to read as follows: 

952.223 Clauses related to environment, 

energy and water efficiency, renewable 

energy technologies, occupational safety, 

and drug-free workplace. 

952.223–71 [Amended] 

■ 177. Section 952.223–71 introductory 

text is amended by removing 

‘‘923.7002’’ and adding in its place 

‘‘923.7003’’; and removing ‘‘48 CFR’’. 

952.223–72 [Amended] 

■ 178. Section 952.223–72 introductory 

text is amended by removing 

‘‘923.7002’’ and adding in its place 

‘‘923.7003’’. 

952.223–75 [Amended] 

■ 179. Section 952.223–75 introductory 

text is amended by removing, ‘‘The 

contracting officer shall insert this’’ and 

adding in its place ‘‘As prescribed at 

923.7003(h), insert the’’. 

952.223–76 [Amended] 

■ 180. Section 952.223–76 is amended 

by: 

■ a. Revising the date of the clause to 

read as set forth below; 

■ b. Removing in the introductory text 

‘‘48 CFR (DEAR) 923.7002(f)’’ and 

adding in its place ‘‘923.7003(f)’’. 

■ c. Removing ‘‘data’’ in clause 

paragraph (a)(3) and adding in its place 

‘‘Data’’; 

■ d. Removing ‘‘48 CFR 952.223–76 

(b)(2)’’ in clause paragraph (b)(1) and 

adding in its place ‘‘paragraph (b)(2) of 

this clause’’. 

■ e. Removing ‘‘48 CFR 923.7001(b)’’ in 

clause paragraph (b)(1) and adding in its 

place ‘‘48 CFR 923.7002(a)(2)’’; and 

■ f. Removing ‘‘WS&H only)’’ in clause 

paragraph (b)(1) in the last sentence and 

adding in its place ‘‘worker safety and 

health (WS&H) only’’. 

The revision reads as follows: 

952.223–76 Conditional payment of fee or 

profit—safeguarding restricted data and 

other classified information and protection 

of worker safety and health. 

* * * * * 

CONDITIONAL PAYMENT OF FEE OR 

PROFIT—SAFEGUARDING 

RESTRICTED DATA AND OTHER 

CLASSIFIED INFORMATION AND 

PROTECTION OF WORKER SAFETY 

AND HEALTH (AUG 2009) 

* * * * * 

952.223–77 [Amended] 

■ 181. Section 952.223–77 is amended 

by: 

■ a. Revising the date of the clause to 

read as set forth below; and 

■ b. Removing in the introductory text 

‘‘48 CFR (DEAR) 923.7002(g)’’ and 

adding in its place ‘‘923.7003(g)’’ and 

removing ‘‘48 CFR 952.223–77 (b)(2)’’ in 

paragraph (b)(1) and adding in its place 

‘‘paragraph (b)(2) of this clause’’. 

The revision reads as follows: 

952.223–77 Conditional payment of fee or 

profit—protection of worker safety and 

health. 

* * * * * 

CONDITIONAL PAYMENT OF FEE OR 

PROFIT—PROTECTION OF WORKER 

SAFETY AND HEALTH (AUG 2009) 

* * * * * 

952.224–70 [Removed] 

■ 182. Section 952.224–70 is removed. 

952.225–70 [Amended] 

■ 183. Section 952.225–70 paragraph (b) 

is revised to read as follows: 

952.225–70 Subcontracting for nuclear hot 

cell services. 

* * * * * 

(b) In selecting a competitive offer for 

a first-tier subcontract acquisition of 

nuclear hot cell services, the contractor 

shall— 

(1) Consider neither costs related to 

the decommissioning of nuclear waste 

facilities nor costs related to the storage 

and disposal of nuclear waste; or 

(2) Add these costs to offers of foreign 

companies, if— 

(i) One or more of the offers is 

submitted by a United States company 

and includes costs related to the 

decommissioning of nuclear facilities 

and costs related to the storage and 

disposal of nuclear waste because it is 

subject to such cost; and 

(ii) One or more of the offers is 

submitted by a foreign company and 

does not include these types of costs. (A 

foreign company might not be subject to 

such costs or might not have to include 

these types of cost in its offer if the firm 

is subsidized in decommissioning 

activity or storage and disposal of 

nuclear waste, or a foreign government 

is performing the activities below the 

actual cost of the activity.) 

* * * * * 

952.231–71 [Amended] 

■ 184. Section 952.231–71 is amended 

by: 

■ a. Revising the date of the clause to 

read as set forth below; 

■ b. Removing in the introductory text, 

‘‘48 CFR 931.205–19’’ and adding in its 

place, ‘‘931.205–19(f)’’. 

■ c. Removing, in the clause heading, 

‘‘Insurance-Litigation’’ and adding in its 

place ‘‘Insurance—Litigation’’ 

■ d. Removing the ‘‘,’’ in paragraph 

(h)(1) and (h)(2) and adding in its place 

a ‘‘;’’; and 

■ e. Removing ‘‘unreimbursable’’ in 

paragraph (k) and adding in its place 

‘‘non-reimbursable’’. 

The revision reads as follows: 

952.231–71 Insurance-litigation and 

claims. 

* * * * * 


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INSURANCE–LITIGATION AND 

CLAIMS (AUG 2009) 

* * * * * 

952.233–2 [Amended] 

■ 185. Section 952.233–2 is amended by 

removing ‘‘48 CFR’’ in the introductory 

text; and removing ‘‘General 

Accounting’’ in paragraph (c) and 

adding in its place ‘‘Government 

Accountability’’. 

952.233–4 [Amended] 

■ 186. Section 952.233–4 clause is 

amended by: 

■ a. Revising the date of the provision 

to read as set forth below; and 

■ b. Removing ‘‘General Accounting’’ in 

paragraph (a) and adding in its place 

‘‘Government Accountability’’. 

The revision reads as follows: 

952.233–4 Notice of protest file 

availability. 

* * * * * 

NOTICE OF PROTEST FILE 

AVAILABILITY (AUG 2009) 

* * * * * 

952.233–5 [Amended] 

■ 187. Section 952.233–5 is amended by 

removing ‘‘48 CFR’’ in the introductory 

text; and adding ‘‘48 CFR’’ before 

‘‘933.103’’ in the clause. 

952.235–70 [Removed] 

■ 188. Section 952.235–70 is removed. 

952.235–71 [Amended] 

■ 189. Section 952.235–71 is amended 

by: 

■ a. Removing ‘‘48 CFR Part’’ in the 

introductory text; 

■ b. Removing the ‘‘:’’ in clause 

paragraph (c) in the first sentence and 

adding in its place ‘‘—’’; 

■ c. Adding ‘‘of Energy (DOE)’’ in clause 

paragraph (c) introductory text after 

‘‘Department’’; and 

■ d. Removing the ‘‘,’’ in clause 

paragraph (c)(3) after ‘‘or’’. 

952.242–70 [Amended] 

■ 190. Section 952.242–70 is amended 

by removing ‘‘48 CFR’’ in the 

introductory text; and removing the ‘‘:’’ 

in paragraphs (c) introductory text and 

(e) introductory text and adding in its 

place ‘‘—’’. 

952.247–70 [Amended] 

■ 191. Section 952.247–70 is amended 

by: 

■ a. Revising the date of the clause to 

read as set forth below; and 

■ b. Removing ‘‘48 CFR’’ in the 

introductory text; and removing ‘‘DOE 

Order 551.1,’’ in the clause and adding 

in its place ‘‘Department of Energy 

(DOE) Order 551.1C, or its successor’’. 

The revision reads as follows: 

952.247–70 Foreign travel. 

* * * * * 

FOREIGN TRAVEL (AUG 2009) 

* * * * * 

952.250–70 [Amended] 

■ 192. Section 952.250–70 clause is 

amended by removing the ‘‘:’’ in 

paragraphs (e)(2)(iv)(A) introductory 

text and (e)(3) introductory text, and 

adding in its place ‘‘—’’. 

952.251–70 [Amended] 

■ 193. Section 952.251–70 is amended 

by: 

■ a. Revising the date of the clause to 

read as set forth below; 

■ b. Removing ‘‘48 CFR 951.70’’ in the 

introductory text and adding in its place 

‘‘951.7002’’; and 

■ c. Removing ‘‘Military Traffic 

Management Command (MTMC)’’ in 

clause paragraph (e), first sentence, and 

adding in its place ‘‘Surface Deployment 

and Distribution Command (SDDC)’’. 

The revision reads as follows: 

952.251–70 Contractor employee travel 

discounts. 

* * * * * 

CONTRACTOR EMPLOYEE TRAVEL 

DISCOUNTS (AUG 2009) 

* * * * * 

■ 194. In the table below, for 

introductory text for each section 

indicated in the left column, remove the 

punctuation indicated in the middle 

column from where it appears in the 

section, and add the punctuation in the 

right column: 

Section Remove Add 

952.204–2 ........................ . : 

952.204–70 ...................... . : 

952.204–71 ...................... . : 

952.204–72 ...................... . : 

952.204–73 ...................... . : 

952.204–75 ...................... . : 

952.204–76 ...................... . : 

952.217–70 ...................... . : 

952.208–7 ........................ . : 

952.208–70 ...................... . : 

952.211–70 ...................... . : 

952.211–71 ...................... . : 

952.223–72 ...................... . : 

952.223–75 ...................... . : 

952.223–76 ...................... . : 

952.223–77 ...................... . : 

952.225–70 ...................... . : 

952.236–71 ...................... . : 

952.236–72 ...................... . : 

952.242–70 ...................... . : 

952.250–70 ...................... . : 

952.251–70 ...................... . : 

■ 195. Add ‘‘(End of provision)’’ after 

the following provisions: 952.204–73, 

952.233–2, 952.233–4, and 952.233–5. 

■ 196. Add ‘‘(End of clause)’’ at the end 

of the following clauses: 952.204–2, 

952.204–70, 952.204–71, 952.204–72, 

952.208–7, 952.208–70, 952.217–70, 

952.223–72, 952.223–75, 952.225–70, 

952.231–70, 952.236–71, 952.237–70, 

and 952.251–70. 

PART 970—DOE MANAGEMENT AND 

OPERATING CONTRACTS 

970.0100 [Amended] 

■ 197. Section 970.0100 is amended by 

removing in the third sentence, ‘‘48 

CFR’’; and removing ‘‘DEAR’’ in the 

third sentence before ‘‘Part 970’’. 

970.0309–1 [Amended] 

■ 198. Section 970.0309–1 is amended 

by removing ‘‘48 CFR’’. 

970.0370–1 [Amended] 

■ 199. Section 970.0370–1 is amended 

by: 

■ a. Removing ‘‘DOE’’ in paragraph (a) 

and adding in its place ‘‘the Department 

of Energy (DOE)’’; 

■ b. Removing ‘‘48 CFR’’ in paragraph 

(b) and (d); 

■ c. Removing the ‘‘:’’in paragraph (b) 

introductory text and adding in its place 

‘‘—’’; 

■ d. Adding ‘‘and’’ in paragraph (b)(8), 

after ‘‘;’’; 

■ e. Removing the ‘‘;’’ in paragraph 

(b)(9), and adding in its place ‘‘.’’; and 

■ f. Removing paragraph (b)(10). 

970.0371–9 [Amended] 

■ 200. Section 970.0371–9 is amended 

by removing ‘‘48 CFR’’ in both places. 

■ 201. In section 970.0404–1, revise the 

definition for Classified Information to 

read as follows: 

970.0404–1 Definitions. 

* * * * * 

Classified Information means any 

information or material that is owned by 

or produced for, or is under the control 

of the United States Government, and 

determined pursuant to provisions of 

Executive Order 12958, Classified 

National Security Information, April 17, 

1995, as amended, or prior orders, or as 

authorized under the Atomic Energy Act 

of 1954, as amended, to require 

protection against unauthorized 

disclosure, and is so designated. 

* * * * * 

970.0404–2 [Amended] 

■ 202. Section 970.0404–2 is amended 

by adding ‘‘(DOE)’’ in paragraph (a) in 

the first sentence, after ‘‘Energy’’; 


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adding ‘‘subpart’’ before ‘‘904.4’’, 

‘‘904.70’’ and ‘‘904.71’’ in paragraph (a); 

and removing ‘‘48 CFR’’ in paragraph (c) 

in the first sentence. 

970.0404–3 [Amended] 

■ 203. Section 970.0404–3(b) is 

amended by removing ‘‘48 CFR’’ and 

adding in its place ‘‘subpart’’. 

970.0404–4 [Amended] 

■ 204. Section 970.0404–4(b) is 

amended by removing ‘‘48 CFR’’ in both 

places. 

970.0407–1–2 [Amended] 

■ 205. Section 970.0407–1–2 is 

amended by removing ‘‘48 CFR’’. 

970.0407–1–3 [Amended] 

■ 206. Section 970.0407–1–3 is 

amended by removing ‘‘48 CFR’’. 

970.0470–1 [Amended] 

■ 207. Section 970.0470–1(d) is 

amended by removing ‘‘48 CFR’’. 

970.0470–2 [Amended] 

■ 208. Section 970.0470–2 is amended 

by removing ‘‘DEAR’’ in the first 

sentence. 

970.0801–1 [Redesignated as 970.0801–2] 

■ 209. Redesignate 970.0801–1 as 

970.0801–2. 

■ 210. Revise newly designated section 

970.801–2 to read as follows: 

970.0801–2 Policy. 

The provisions of 48 CFR subpart 8.1, 

41 CFR 101–43 (Federal Property 

Management Regulation), and 41 CFR 

109–43, (Department of Energy (DOE) 

Property Management Regulation) apply 

to DOE’s management and operating 

contracts. 

■ 211. Section 970.0808 is revised to 

read as follows: 

970.0808 Acquisition of printing and 

related supplies. 

970.0808–1 [Redesignated] 

■ 212. Redesignate 970.0808–1 as 

970.0808–00. 

■ 213. Amend newly designated section 

970.0808–00 by revising the section 

heading to read as follows: 

970.0808–00 Scope. 

* * * * * 

■ 214. The heading for subpart 970.09 is 

revised to read as follows: 

Subpart 970.09—Contractor 

Qualifications 

970.0905 [Amended] 

■ 215. Section 970.0905 is amended by 

revising the section heading; and 

removing ‘‘48 CFR’’ in the paragraph. 

The revision reads as follows: 

970.0905 Organizational and consultant 

conflicts of interest. 

* * * * * 

970.0970–1 [Amended] 

■ 216. Section 970.0970–1 is amended 

by removing ‘‘DOE’’ in paragraph (b) in 

the first sentence and adding in its place 

‘‘The Department of Energy (DOE)’’. 

970.0970–2 [Amended] 

■ 217. Section 970.0970–2 is amended 

by removing ‘‘48 CFR’’. 

■ 218. Section 970.1100–1 is amended 

by revising paragraph (a) to read as 

follows: 

970.1100–1 Performance-based 

contracting. 

(a) It is the policy of the Department 

of Energy (DOE) to use, to the maximum 

extent practicable, performance-based 

contracting methods in its management 

and operating contracts. The Office of 

Federal Procurement Policy’s Seven 

Steps to Performance-Based Acquisition 

located at Web site http:// 

www.acquisition.gov/comp/seven_steps/ 

home.html provides guidance 

concerning the development and use of 

performance-based contracting concepts 

and methodologies that may be 

generally applied to management and 

operating contracts. Performance-based 

contracts: Describe performance 

requirements in terms of results rather 

than methods of accomplishing the 

work; use measurable (i.e., terms of 

quality, timeliness, quantity) 

performance standards and objectives 

and quality assurance surveillance 

plans; provide performance incentives 

(positive or negative) where appropriate; 

and specify procedures for award or 

incentive fee reduction when work 

activities are not performed or do not 

meet contract requirements. 

* * * * * 

970.1170–1 [Amended] 

■ 219. Section 970.1170–1 is amended 

by removing ‘‘NNSA’’ and adding in its 

place ‘‘the National Nuclear Security 

Administration (NNSA) Senior’’. 

970.1170–2 [Amended] 

■ 220. Section 970.1170–2 is amended 

by removing ‘‘48 CFR’’. 

970.1504–1–2 [Amended] 

■ 221. Section 970.1504–1–2 is 

amended by removing the ‘‘:’’ in 

paragraph (e)(2) introductory text and 

adding in its place ‘‘—’’; and removing 

‘‘48 CFR’’ in paragraphs (f) and (h). 

970.1504–1–3 [Amended] 

■ 222. Section 970.1504–1–3 is 

amended by: 

■ a. Removing, in paragraph (b)(1), ‘‘48 

CFR 970.31’’ and adding in its place 

‘‘subpart 970.31’’; 

■ b. Removing ‘‘48 CFR’’ in paragraph 

(b)(2) in three places; and 

■ c. Removing ‘‘48 CFR’’ in paragraphs 

(c)(1), (c)(2), and (c)(3), both 

occurrences. 

970.1504–1–4 [Amended] 

■ 223. Section 970.1504–1–4 is 

amended by adding ‘‘subpart’’ after ‘‘48 

CFR’’ in paragraphs (a) in the first 

sentence, and (e) in the second sentence 

and removing ‘‘48 CFR’’ in paragraphs 

(b), in the second sentence, (c)(3), and 

(f). 

970.1504–1–5 [Amended] 

■ 224. Section 970.1504–1–5 is 

amended by removing ‘‘48 CFR’’ in 

paragraph (b) and removing the ‘‘:’’ in 

paragraphs (b) introductory text and 

(b)(3) introductory text and adding in its 

place ‘‘—’’. 

970.1504–1–6 [Amended] 

■ 225. Section 970.1504–1–6 is 

amended by removing the ‘‘:’’ in 

paragraph (b) introductory text and 

adding in its place ‘‘—’’. 

970.1504–1–7 [Amended] 

■ 226. Section 970.1504–1–7 is 

amended by: 

■ a. Removing the ‘‘:’’ in paragraph (b) 

introductory text and adding in its place 

‘‘—’’; 

■ b. Removing ‘‘48 CFR’’ in paragraph 

(b)(4); 

■ c. Removing ‘‘48 CFR 91504–1–5’’ in 

paragraph (d) in the third sentence and 

adding in its place ‘‘915.404–4–71–5’’; 

and 

■ d. Removing ‘‘48 CFR’’ in paragraphs 

(d), in the last sentence, and (e), in two 

places. 

970.1504–1–8 [Amended] 

■ 227. Section 970.1504–1–8 paragraphs 

(a) and (c) are amended by removing 

‘‘48 CFR’’. 

970.1504–1–9 [Amended] 

■ 228. Section 970.1504–1–9 is 

amended by removing the ‘‘:’’ in 

paragraphs (e)(1) introductory text, 

(e)(2) introductory text, and (e)(3) 


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introductory text, and adding in its 

place ‘‘—’’; and removing ‘‘48 CFR’’ in 

paragraph (h). 

970.1504–1–10 [Amended] 

■ 229. Section 970.1504–1–10 is 

amended by removing ‘‘48 CFR’’ in two 

places. 

970.1504–1–11 [Amended] 

■ 230. Section 970.1504–1–11 is 

amended by removing ‘‘48 CFR’’ before 

‘‘970’’. 

970.1504–2 [Amended] 

■ 231. Section 970.1504–2 is amended 

in paragraph (a)(4) by removing 

‘‘obligational’’ and adding in its place, 

‘‘obligation’’, and in paragraph (c) by 

removing ‘‘48 CFR’’ in both places. 

970.1504–5 [Amended] 

■ 232. Section 970.1504–5 is amended 

by removing ‘‘48 CFR’’ in paragraphs (a) 

introductory text, (b)(1), (b)(2), (c), and 

(d). 

970.1707–2 [Amended] 

■ 233. Section 970.1707–2 is amended 

by removing the ‘‘:’’ in the introductory 

text and adding in its place ‘‘—’’; and 

removing the ‘‘,’’ after ‘‘and’’ in 

paragraph (d). 

970.1707–3 [Amended] 

■ 234. Section 970.1707–3 is amended 

by: 

■ a. Removing the ‘‘:’’ in paragraph (b) 

introductory text and adding in its place 

‘‘—’’; 

■ b. Removing the ‘‘,’’ after ‘‘and’’ in 

paragraph (b)(3); 

■ c. Removing the ‘‘:’’ in paragraph (c) 

introductory text and adding in its place 

‘‘—’’; and 

■ d. Removing the ‘‘,’’ after ‘‘; and’’ in 

paragraph (c)(1) at the end of the 

paragraph. 

970.2200 [Amended] 

■ 235. Section 970.2200 is amended by 

adding ‘‘(DOE)’’ after ‘‘Energy’’. 

970.2201–2–2 [Amended] 

■ 236. Section 970.2201–2–2 is 

amended by removing ‘‘48 CFR’’. 

970.2204–1–1 [Amended] 

■ 237. Section 970.2204–1–1 is 

amended by: 

■ a. 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 

970.2204–1–1(a) introductory text and (a)(2) ................................................................................. ‘‘noncovered’’ ............ ‘‘non-covered’’. 

970.2204–1–1 (c)(1) introductory text, (c)(2)(i), (c)(4), and (c)(5) .................................................. ‘‘noncovered’’ ............ ‘‘non-covered’’. 

970.2204–1–1 (d) ............................................................................................................................ ‘‘noncovered’’ ............ ‘‘non-covered’’. 

And 

■ b. Removing in paragraphs (c)(1)(i), 

(c)(1)(ii) and (c)(1)(iii), the ‘‘;’’ and 

adding in its place a ‘‘.’’. 

970.2210 [Amended] 

■ 238. Section 970.2210 is amended by 

removing ‘‘48 CFR’’ and adding ‘‘(x)’’ 

after ‘‘970.5244–1’’. 

970.2270 [Amended] 

■ 239. Section 970.2270(b)(2) 

introductory text is amended by 

removing the ‘‘:’’ at the end of the 

paragraph and adding in its place ‘‘—’’. 

■ 240. The heading for subpart 970.23 is 

revised to read as follows: 

Subpart 970.23—Environment, Energy 

and Water Efficiency, Renewable 

Energy Technologies, Occupational 

Safety and Drug-Free Work Place 

970.2303–1 [Redesignated as 970.2303–2– 

70] 

■ 241. Redesignate 970.2303–1 as 

970.2303–2–70. 

■ 242. Amend newly designated 

970.2303–2–70 by adding ‘‘970.5215– 

3,’’ before ‘‘Conditional’’ in the first 

sentence of paragraph (c)(1); and by 

removing ‘‘Environment, Safety and 

Health’’ from paragraph (c)(2)(ii) and 

adding in its place ‘‘Health, Safety and 

Security’’. 

970.2303–2 [Redesignated as 970.2303–3] 

■ 243. Redesignate 970.2303–2 as 

970.2303–3. 

■ 244. Amend newly designated 

970.2303–3(a) introductory text by 

removing the ‘‘:’’ and adding in its place 

‘‘—’’. 

■ 245. The section heading for 970.2304 

is revised to read as follows: 

970.2304 Use of recovered materials and 

biobased products. 

■ 246. Section 970.2304–2 is amended 

by removing ‘‘48 CFR (DEAR)’’ in the 

first and second sentences and removing 

‘‘:’’ at the end of the introductory text 

and adding in its place ‘‘—’’. 

970.2305–4 [Amended] 

■ 247. Section 970.2305–4(a) is 

amended by removing ‘‘48 CFR’’. 

970.2306 [Amended] 

■ 248. Section 970.2306 is amended by 

removing ‘‘48 CFR’’ in paragraph (a) 

before ‘‘970.5223–4’’ and removing ‘‘48 

CFR’’ in paragraph (b)(2). 

970.2803–1 [Amended] 

■ 249. Section 970.2803–1 is amended 

by: 

■ a. Removing ‘‘extrastatutory’’ in 

paragraph (a)(2)(iii), and adding in its 

place ‘‘extra-statutory’’; 

■ b. Removing ‘‘Office of Contract and 

Resource Management’’ in paragraphs 

(b)(1) introductory text, (b)(2)(iv), and 

(b)(3) and adding in its place, ‘‘Office of 

Resource Management’’; and 

■ c. Removing the ‘‘:’’ in paragraph 

(b)(2) introductory text and adding in its 

place ‘‘—’’. 

970.2803–2 [Amended] 

■ 250. Section 970.2803–2 is amended 

by removing ‘‘48 CFR’’. 

970.2902–1 [Redesignated as 970.2902–3] 

■ 251. Redesignate 970.2902–1 as 

970.2902–3 and revise the section 

heading to read as follows: 

970.2902–1 Other Federal tax exemptions. 

* * * * * 

■ 252. Amend newly designated section 

970.2902–3 by removing the first ‘‘DOE’’ 

from paragraph (a) and adding in its 

place ‘‘the Department of Energy 

(DOE)’’; and by redesignating 

paragraphs (b) and (c) as paragraphs (c) 

and (d) respectively. 

970.2903–1 [Redesignated as 970.2903–2] 

■ 253. Redesignate section 970.2903–1 

as 970.2903–2 and revise the section 

heading to read as follows: 

970.2903–2 Application of State and local 

taxes to the Government. 

* * * * * 

■ 254. Amend newly designated 

970.2903–2 by removing the ‘‘:’’ from 

the introductory text and adding in its 

place ‘‘—’’; by adding ‘‘and’’ after 

‘‘exemptions;’’ in paragraph (a); and by 


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removing the ‘‘:’’ and adding in its place 

‘‘—’’ in paragraph (b) introductory text. 

■ 255. Section 970.2904–1 is amended 

by revising paragraph (a) and removing 

‘‘48 CFR’’ in paragraph (b). 

The revision reads as follows: 

970.2904–1 Management and operating 

contracts. 

(a) Pursuant to 48 CFR 29.401–4(b), 

the clause at 48 CFR 52.229–10, State of 

New Mexico Gross Receipts and 

Compensating Tax, is applicable to 

management and operating contracts 

that meet the three conditions stated. 

The contracting officer shall modify 

paragraph (b) of the clause to replace the 

phrase ‘‘Allowable Cost and Payment’’ 

with the phrase ‘‘Payments and 

Advances.’’ 

* * * * * 

■ 256. The heading for subpart 970.30 is 

revised to read as follows: 

970.30 Cost Accounting Standards 

Administration. 

■ 257. Section 970.3002–1 is amended 

by revising the heading to read as 

follows: 

970.3002–1 CAS applicability. 

* * * * * 

■ 258. Section 970.3101–9 is amended 

by revising the heading to read as 

follows: 

970.3101–9 Advance agreements. 

* * * * * 

■ 259. Section 970.3101–10 is amended 

by revising the heading and removing 

‘‘48 CFR’’ in paragraphs (a) and (b). 

The revision reads as follows: 

970.3101–10 Indirect cost rate certification 

and penalties on unallowable costs. 

* * * * * 

970.3102–3–70 [Amended] 

■ 260. Section 970.3102–3–70 is 

amended by removing ‘‘48 CFR’’ in 

paragraphs (a) introductory text and 

(a)(3)(i) and removing the ‘‘:’’ in 

paragraph (a)(3) introductory text and 

adding in its place ‘‘—’’. 

■ 261. Section 970.3102–05 is amended 

by revising the heading to read as 

follows: 

970.3102–05 Selected costs. 

* * * * * 

■ 262. Section 970.3102–05–4 is 

amended by revising the heading and 

removing ‘‘48 CFR’’ from paragraph (d). 

The revision reads as follows: 

970.3102–05–4 Bonding costs. 

* * * * * 

■ 263. Section 970.3102–05–6 is 

amended by revising the heading to read 

as follows: 

970.3102–05–6 Compensation for personal 

services. 

* * * * * 

■ 264. Section 970.3102–05–18 is 

amended by revising the heading to read 

as follows: 

970.3102–05–18 Independent research and 

development and bid and proposal costs. 

* * * * * 

970.3102–05–19 [Amended] 

■ 265. Section 970.3102–05–19 is 

amended by removing ‘‘48 CFR’’. 

■ 266. Section 970.3102–05–22 is 

amended by revising the heading to read 

as follows: 

970.3102–05–22 Lobbying and political 

activity costs. 

* * * * * 

■ 267. Section 970.3102–05–28 is 

amended by revising the heading to read 

as follows: 

970.3102–05–28 Other business expenses. 

* * * * * 

970.3102–05–30 [Redesignated as 

970.3102–05–30–70] 

■ 268. Redesignate 970.3102–05–30 as 

970.3102–05–30–70. 

■ 269. Amend newly designated 

970.3102–05–30–70(b) introductory text 

by removing the ‘‘:’’ and adding in its 

place ‘‘—’’. 

■ 270. Add a new section 970.3102–05– 

30 to subpart 970.31 to read as follows: 

970.3102–05–30 Patent costs. 

■ 271. Section 970.3102–05–33 is 

amended by revising the heading to read 

as follows: 

970.3102–05–33 Professional and 

consultant service costs. 

* * * * * 

■ 272. Section 970.3102–05–46 is 

amended by revising paragraph (a)(5) to 

read as follows: 

970.3102–05–46 Travel costs. 

(a) * * * 

(5) An advance agreement (see 48 CFR 

31.109 and 970.3101–9) with respect to 

compliance with paragraphs (a)(2) and 

(a)(3) of this subsection may be useful 

and desirable. 

* * * * * 

■ 273. Section 970.3102–05–47 is 

amended by revising the heading to read 

as follows: 

970.3102–05–47 Costs related to legal and 

other proceedings. 

* * * * * 

970.3102–05–70 [Amended] 

■ 274. Section 970.3102–05–70 is 

amended by removing ‘‘48 CFR’’. 

970.3170 [Amended] 

■ 275. Section 970.3170 is amended by 

removing ‘‘48 CFR’’ from the 

introductory text. 

970.3200 [Amended] 

■ 276. Section 970.3200 is amended by 

removing ‘‘DOE’’ and adding in its place 

‘‘the Department of Energy (DOE)’’. 

970.3200–1–1 [Amended] 

■ 277. Section 970.3200–1–1 is 

amended by removing ‘‘48 CFR’’. 

970.3204–1 [Amended] 

■ 278. Section 970.3204–1 is amended 

by adding ‘‘for Non-Commercial Items’’ 

after ‘‘Advance Payments’’ in paragraph 

(a) and removing the ‘‘:’’ in paragraph 

(c) introductory text and adding in its 

place ‘‘—’’. 

970.3270 [Amended] 

■ 279. Section 970.3270 is amended by 

removing ‘‘48 CFR’’ before ‘‘970’’ in 

paragraphs (a)(1), (a)(2), (a)(3), (a)(4), 

(a)(5), (a)(6), (b)(1), and (b)(2) and 

adding ‘‘— Modifications’’ after ‘‘Data’’ 

in paragraph (a)(2) in the second 

sentence. 

970.3400–1 [Amended] 

■ 280. Section 970.3400–1 is amended 

by removing ‘‘DOE’’ (first occurrence) 

and adding in its place ‘‘the Department 

of Energy (DOE)’’. 

970.3500 [Amended] 

■ 281. Section 970.3500 is amended by 

adding ‘‘(DOE)’’ after ‘‘Energy’’. 

970.3501–1 [Amended] 

■ 282. Section 970.3501–1 is amended 

by removing ‘‘48 CFR’’ in paragraph 

(c)(2); and removing ‘‘nonsponsor’’ in 

paragraph (b)(3), and adding in its place, 

‘‘non-sponsor’’. 

970.3501–2 [Amended] 

■ 283. Section 970.3501–2 is amended 

by removing ‘‘nonsponsor’’ and adding 

in its place, ‘‘non-sponsor’’. 

970.3501–3 [Amended] 

■ 284. Section 970.3501–3 is amended 

by removing ‘‘48 CFR 970.1702–1(b)’’ in 

paragraph (b) introductory text and 

adding in its place ‘‘970.1706–1(b). 

970.3501–4 [Amended] 

■ 285. Section 970.3501–4 is amended 

by removing ‘‘48 CFR’’. 


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970.3605–1 [Amended] 

■ 286. Section 970.3605–1 is amended 

by removing ‘‘in’’ before ‘‘48 CFR’’ and 

adding in its place ‘‘at’’. 

970.3605–2 [Amended] 

■ 287. Section 970.3605–2 is amended 

by removing ‘‘in 48 CFR’’ and adding in 

its place ‘‘at’’. 

970.3770–1 [Amended] 

■ 288. Section 970.3770–1 is amended 

by removing the first ‘‘DOE’’ and adding 

in its place ‘‘the Department of Energy 

(DOE)’’. 

970.4102–1 [Amended] 

■ 289. Section 970.4102–1 is amended 

by: 

■ a. Removing the first ‘‘DOE’’ in 

paragraph (a) and adding in its place 

‘‘the Department of Energy (DOE)’’; 

■ b. Removing ‘‘directives in subseries 

4540 (Public Services).’’ in paragraph (b) 

in the second sentence and adding in its 

place ‘‘Order 430.2, or its successor.’’; 

and 

■ c. Revising paragraph (c) to read as 

follows: 

970.4102–1 Policy. 

* * * * * 

(c) The requirements of 48 CFR part 

41, this section, and DOE Order 430.2, 

or its successor, shall be applied to a 

subcontract level acquisition for 

furnishing utility services to a facility 

owned or leased by DOE. 

970.4207–03–02 [Amended] 

■ 290. Section 970.4207–03–02 is 

amended by: 

■ a. Removing ‘‘48 CFR’’ wherever it 

appears in paragraph (a) introductory 

text; 

■ b. Removing the ‘‘,’’ in paragraph 

(a)(2) introductory text and adding in its 

place ‘‘—’’; 

■ c. Removing ‘‘Department’s’’ in 

paragraph (a)(2)(ii) and adding in its 

place ‘‘Civilian’’; and 

■ d. Removing ‘‘was’’ in paragraph 

(a)(2)(iii), and adding in its place 

‘‘Was’’. 

970.4207–03–70 [Amended] 

■ 291. Section 970.4207–03–70 is 

amended by removing ‘‘48 CFR’’. 

■ 292. Section 970.4207–05–01 is 

amended by revising the section 

heading and removing the ‘‘:’’ in 

paragraph (b)(4) introductory text and 

adding in its place ‘‘—’’. 

The revision reads as follows: 

970.4207–05–01 Contracting officer 

determination procedure. 

* * * * * 

970.4302–1 [Amended] 

■ 293. Section 970.4302–1 is amended 

by removing ‘‘48 CFR’’. 

970.4401–1 [Amended] 

■ 294. Section 970.4401–1 is amended 

by adding ‘‘(DOE)’’ after ‘‘Energy’’ in 

paragraph (a); and removing the ‘‘:’’ in 

paragraphs (b) introductory text and 

(b)(4) introductory text and adding in its 

place ‘‘—’’. 

970.4401–2 [Amended] 

■ 295. Section 970.4401–2 is amended 

by removing the ‘‘:’’ in paragraph (a) 

introductory text and adding in its place 

‘‘—’’. 

970.4401–3 [Amended] 

■ 296. Section 970.4401–3 is amended 

by removing the ‘‘:’’ in paragraph (a)(1) 

introductory text and adding in its place 

‘‘—’’. 

970.4402–2 [Amended] 

■ 297. Section 970.4402–2 is amended 

by removing the ‘‘:’’ in paragraphs (d) 

introductory text and (d)(2) introductory 

text and adding in its place ‘‘—’’. 

970.4402–3 [Amended] 

■ 298. Section 970.4402–3 is amended 

by: 

■ a. Removing the ‘‘:’’ in paragraphs (a) 

introductory text, (b) introductory text, 

and (c)(1) introductory text and adding 

in its place ‘‘—’’; 

■ b. Removing ‘‘therefor’’ in paragraph 

(a)(3) in the second sentence, and 

adding in its place ‘‘therefore’’; 

■ c. Removing the ‘‘,’’ in paragraph 

(b)(1) and adding in its place a ‘‘;’’; 

■ d. Removing ‘‘48 CFR 970.3102–3–21’’ 

in paragraph (c)(1)(i) and adding in its 

place ‘‘48 CFR 31.205–26(e);’’; and 

■ e. Removing ‘‘48 CFR’’ the second 

occurrence in paragraph (c)(1)(ii). 

970.4402–4 [Amended] 

■ 299. Section 970.4402–4 is amended 

by removing the ‘‘:’’ in paragraph (a) 

introductory text and adding in its place 

‘‘—’’. 

■ 300. The heading to subpart 970.50 is 

revised to read as follows: 

Subpart 970.50—Extraordinary 

Contractual Actions and the Safety Act 

970.5004 [Redesignated as 970.5001] 

■ 301. Redesignate section 970.5004 as 

970.5001. 

970.5004–1 [Redesignated as 970.5001–4] 

■ 302. Redesignate section 970.5004–1 

as 970.5001–4. 

■ 303. Amend newly designated 

970.5001–4 by adding ‘‘Alternate I,’’ 

after ‘‘85–804,’’. 

970.5070–1 [Amended] 

■ 304. Section 970.5070–1 is amended 

by removing ‘‘DOE’’ from paragraph (a) 

and adding in its place ‘‘the Department 

of Energy (DOE)’’; and removing ‘‘48 

CFR’’ from paragraph (b) and adding in 

its place ‘‘subpart’’. 

970.5070–2 [Amended] 

■ 305. Section 970.5070–2 is amended 

by adding a ‘‘—’’ after ‘‘be’’ at the end 

of the introductory text; and removing 

the ‘‘,’’ in paragraph (a) and adding in 

its place a ‘‘;’’. 

970.5070–3 [Amended] 

■ 306. Section 970.5070–3 is amended 

in paragraph (a), in two places, and in 

paragraph (b) by removing ‘‘48 CFR’’. 

970.5203–1 [Amended] 

■ 307. Section 970.5203–1 is amended 

by removing ‘‘48 CFR’’ in both places in 

the introductory text, and in clause 

paragraph (a)(4), in the last sentence, by 

adding ‘‘48 CFR’’ before ‘‘970.5232–3’’. 

970.5203–2 [Amended] 

■ 308. Section 970.5203–2 introductory 

text is amended by removing ‘‘48 CFR’’. 

970.5203–3 [Amended] 

■ 309. Section 970.5203–3 is amended 

by removing ‘‘48 CFR’’ in the 

introductory text. 

970.5204–1 [Amended] 

■ 310. Section 970.5204–1 introductory 

text is amended by removing ‘‘48 CFR’’ 

in three places. 

970.5204–2 [Amended] 

■ 311. Section 970.5204–2 introductory 

text is amended by removing ‘‘48 CFR’’. 

970.5204–3 [Amended] 

■ 312. Section 970.5204–3 introductory 

text is amended by removing ‘‘48 CFR’’. 

970.5208–1 [Amended] 

■ 313. Section 970.5208–1 introductory 

text is amended by removing ‘‘48 CFR’’. 

970.5209–1 [Amended] 

■ 314. Section 970.5209–1 introductory 

text is amended by removing ‘‘48 CFR’’. 

970.5215–1 [Amended] 

■ 315. Section 970.5215–1 is amended 

by: 

■ a. Removing ‘‘48 CFR’’ in the 

introductory text; 

■ b. Removing the ‘‘:’’ at the end of 

clause paragraphs (d)(1) introductory 

text and (d)(3) introductory text and 

adding in its place ‘‘—’’; 

■ c. Removing in paragraph (d)(1)(i), 

‘‘prior’’ and adding in its place, ‘‘Prior’’; 


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■ d. Removing in paragraph (d)(1)(ii) 

‘‘not’’ and adding in its place, ‘‘Not’’; 

■ e. Removing in paragraphs (d)(3)(i) 

and (d)(3)(ii), ‘‘of such’’ and adding in 

its place, ‘‘Of such’’; 

■ f. Removing in paragraph (d)(3)(iii) 

‘‘if’’ and adding in its place, ‘‘If’’; and 

■ g. Removing ‘‘48 CFR’’ in the 

introductory text for Alternate 

paragraphs I, II, III and IV. 

970.5215–3 [Amended] 

■ 316. Section 970.5215–3 is amended 

by: 

■ a. Revising the date of the clause and 

the two alternates to read as set forth 

below; 

■ b. Removing ‘‘48 CFR 970.1504– 

5(c)(1)’’ in the introductory text and 

adding in its place ‘‘970.1504–5(b)(1)’’; 

■ c. Removing ‘‘48 CFR 970.1504– 

5(c)(2)’’ in the introductory text of 

Alternate I and adding in its place 

‘‘970.1504–5(b)(2)’’; 

■ d. Removing ‘‘48 CFR 970.1504– 

5(c)(3)’’ in the introductory text of 

Alternate II and adding in its place 

‘‘970.1504–5(b)(3)’’; 

■ e. Removing the ‘‘:’’ in clause 

paragraphs (a)(1) introductory text, 

(b)(4)(v) introductory text and Alternate 

II (e)(1) introductory text and adding in 

its place ‘‘—’’; 

■ f. Removing ‘‘232.1A’’ in clause 

paragraph (c)(3)(i) and adding in its 

place ‘‘231.1–2’’; and 

■ g. Removing ‘‘in contracts awarded on 

a cost plus award fee, incentive fee or 

multiple fee basis’’ in Alternate II 

introductory text. 

The revision reads as follows: 

970.5215–3 Conditional payment of fee, 

profit, and other incentives—facility 

management contracts. 

* * * * * 

CONDITIONAL PAYMENT OF FEE, 

PROFIT, AND OTHER INCENTIVES— 

FACILITY MANAGEMENT 

CONTRACTS (AUG 2009) 

* * * * * 

Alternate I (AUG 2009) 

* * * * * 

Alternate II (AUG 2009) 

* * * * * 

970.5215–4 [Amended] 

■ 317. Section 970.5215–4 is amended 

by: 

■ a. Revising the date of the clause to 

read as set forth below; 

■ b. Removing ‘‘48 CFR 970.1504–5(d)’’ 

from the introductory text and adding in 

its place, ‘‘970.1504–5(c)’’; 

■ c. Removing the ‘‘:’’ in paragraph (b), 

at the end of the introductory text of the 

Shared Net Savings definition, and 

adding in its place ‘‘—’’; 

■ d. Removing the ‘‘a’’ at the beginning 

of paragraphs (b)(1) and (b)(2) of the 

Shared Net Savings definition and 

adding in its place ‘‘A’’; 

■ e. Removing the ‘‘:’’ in paragraphs 

(c)(2) introductory text, (d) introductory 

text, and (e) introductory text and 

adding in its place ‘‘—’’; and 

■ f. Removing ‘‘rewardable’’ and 

‘‘rewarded’’ in paragraph (j) and adding 

in their places ‘‘awardable’’ and 

‘‘considered’’, respectively. 

The revision reads as follows: 

970.5215–4 Cost reduction. 

* * * * * 

COST REDUCTION (AUG 2009) 

* * * * * 

970.5215–5 [Amended] 

■ 318. Section 970.5215–5 introductory 

text is amended by removing ‘‘48 CFR 

970.1504–5(e),’’ and adding in its place 

‘‘970.1504–5(d)’’. 

970.5217–1 [Amended] 

■ 319. Section 970.5217–1 is amended 

by: 

■ a. Removing ‘‘48 CFR (DEAR)’’ in the 

introductory text; 

■ b. Removing the ‘‘:’’ in clause 

paragraphs (c) introductory text and 

(c)(9) introductory text and adding in its 

place ‘‘—’’; and 

■ c. Adding ‘‘(End of clause)’’ after the 

clause 970.5217–1. 

970.5222–1 [Amended] 

■ 320. Section 970.5222–1 introductory 

text is amended by removing ‘‘48 CFR’’. 

970.5222–2 [Amended] 

■ 321. Section 970.5222–2 is amended 

by removing ‘‘48 CFR’’ in the 

introductory text; and removing the ‘‘:’’ 

in paragraphs (c) introductory text, and 

(c)(5) introductory text and adding in 

their places ‘‘—’’. 

970.5223–1 [Amended] 

■ 322. Section 970.5223–1 is amended 

by removing ‘‘48 CFR 970.2303–2(a)’’ in 

the introductory text and adding in its 

place ‘‘970.2303–3(b)’’; and removing 

the ‘‘:’’ in clause paragraph (c) 

introductory text and adding in its place 

‘‘—’’. 

■ 323. The section heading for 

970.5223–3 is revised to read as follows: 

970.5223–3 Agreement regarding 

Workplace Substance Abuse Programs at 

DOE sites. 

* * * * * 

970.5223–4 [Amended] 

■ 324. Section 970.5223–4 is amended 

by removing ‘‘48 CFR’’ in the 

introductory text; and removing ‘‘prime 

contractor’’ in clause paragraph (c)(2), 

two occurrences and adding in its place, 

‘‘Prime Contractor’’. 

970.5228–1 [Amended] 

■ 325. Section 970.5228–1 is amended 

by: 

■ a. Revising the date of clause to read 

as set forth below; 

■ b. Removing ‘‘48 CFR’’ in the 

introductory text. 

■ c. Removing the ‘‘,’’ in clause 

paragraphs (e)(1), (h)(1) and (h)(2) and 

adding in its place a ‘‘;’’; and 

■ d. Removing ‘‘unreimbursable’’ in 

clause paragraph (k) and adding in its 

place ‘‘non-reimbursable’’. 

The revision reads as follows: 

970.5228–1 Insurance—litigation and 

claims. 

* * * * * 

INSURANCE—LITIGATION AND 

CLAIMS (AUG 2009) 

* * * * * 

970.5229–1 [Amended] 

■ 326. Section 970.5229–1 is amended 

by removing ‘‘48 CFR’’ in the 

introductory text; and removing 

‘‘Insurance-Litigation’’ in clause 

paragraph (b), last sentence, and adding 

in its place, ‘‘Insurance—Litigation’’. 

970.5231–4 [Amended] 

■ 327. Section 970.5231–4 introductory 

text and the Alternates I and II 

introductory text are amended by 

removing ‘‘48 CFR’’. 

■ 328. The section heading for 

970.5232–1 is revised and in the 

introductory text by removing ‘‘48 

CFR’’. 

The revision reads as follows: 

970.5232–1 Reduction or suspension of 

advance, partial, or progress payments. 

* * * * * 

970.5232–2 [Amended] 

■ 329. Section 970.5232–2 is amended 

by: 

■ a. Removing ‘‘48 CFR’’ in Alternate I 

and in the introductory text of 

Alternates II, III, and IV; 

■ b. Removing ‘‘therefor’’ in clause 

paragraphs (b) in the second and third 

sentences, and in clause paragraph (i) in 

the second sentence, and add in its 

place, ‘‘therefore’’; 

■ c. Removing the ‘‘:’’ in clause 

paragraphs (e) introductory text, (e)(2) 

introductory text, and (e)(2)(iv) and 

adding in its place ‘‘—’’; 

■ d. Removing the ‘‘,’’ in clause 

paragraphs (e)(1), and (e)(3)(i) and 

adding in its place a ‘‘;’’; 


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■ e. Removing the ‘‘,’’ in clause 

paragraph (e)(3)(ii); 

■ f. Revising the last sentence of 

paragraph (e)(2)(iv)(B); 

■ g. Removing the ‘‘,’’in clause 

paragraph (e)(3) introductory text and 

adding in its place ‘‘—’’; and 

■ h. Adding ‘‘(End of clause)’’ after 

clause 970.5232–2, and before Alternate 

I. 

The revision reads as follows: 

970.5232–2 Payments and advances. 

* * * * * 

(e) * * * 

(2) * * * 

(iv) * * * 

(B) * * * In addition, the contractor 

shall provide prompt notice to the 

contracting officer of all potential claims 

under this clause, whether in litigation 

or not (see Contract Clause, 48 CFR 

970.5228–1, Insurance—Litigation and 

Claims); 

* * * * * 

970.5232–3 [Amended] 

■ 330. Section 970.5232–3 is amended 

by: 

■ a. Revising the date of the clause to 

read as set forth below; 

■ b. Removing ‘‘48 CFR 970.3270(a)(2)’’, 

in the introductory text and adding in 

its place, ‘‘970.3270(a)(2)’’; 

■ c. Removing in clause paragraph (d), 

last sentence, ‘‘ownership of records’’ 

and adding in its place, ‘‘Ownership of 

Records’’; 

■ d. Removing ‘‘General Accounting’’ in 

clause paragraph (h)(3) introductory text 

and adding in its place ‘‘Government 

Accountability’’; 

■ e. Removing the ‘‘:’’ at the end of 

clause paragraph (i)(1) introductory text 

and adding in its place ‘‘—’’; 

■ f. Removing in the last sentence of 

clause paragraph (j), ‘‘970.5242–1’’ and 

adding in its place ‘‘48 CFR 970.5242– 

1’’ and removing ‘‘unallowable costs’’ 

and adding in its place ‘‘Unallowable 

costs’’; and 

■ g. Removing in Alternate I, 

introductory paragraph, ‘‘48 CFR 

970.3270(a)(2)(i),’’ and adding in its 

place, ‘‘970.3270(a)(2),’’; and adding ‘‘— 

Modifications’’ after ‘‘Data’’. 

The revision reads as follows: 

970.5232–3 Accounts, records, and 

inspection. 

* * * * * 

ACCOUNTS, RECORDS AND 

INSPECTION (AUG 2009) 

* * * * * 

970.5232–4 [Amended] 

■ 331. Section 970.5232–4 is amended 

by: 

■ a. Removing in the introductory text, 

‘‘48 CFR 970.3270(a)(3),’’ and adding in 

its place, ‘‘970.3270(a)(3),’’; 

■ b. Removing the ‘‘:’’ at the end of 

paragraph (b) introductory text and 

adding in its place ‘‘—’’; 

■ c. Removing ‘‘contract,’’ at the end of 

clause paragraph (b)(1), and adding in 

its place ‘‘contract;’’; 

■ d. Removing ‘‘agrees’’ at the end of 

clause paragraph (d) introductory text 

and adding in its place, ‘‘agrees—’’; 

■ e. Removing ‘‘directives,’’ in clause 

paragraphs (d)(1) and (d)(2) and adding 

in its place ‘‘directives;’’; 

■ f. Removing ‘‘to’’ at the beginning of 

clause paragraphs (d)(1), (d)(2), and 

(d)(3), and adding in its place, ‘‘To’’; 

and 

■ g. Removing in Alternate I, ‘‘48 CFR 

970.3270(a)(3)(i),’’ and adding in its 

place, ‘‘970.3270(a)(3)’’. 

■ 332. The sections 970.5232–5, 

970.5232–6, 970.5232–7 and 970.5232– 

8 are amended by removing in the 

introductory text, ‘‘48 CFR’’. 

■ 333. The following sections are 

amended by adding at the end of each 

clause, ‘‘(End of clause)’’, 970.5217–1, 

970.5232–2, 970.5232–5, 970.5232–6, 

970.5232–7, and 970.5232–8. 

970.5235–1 [Amended] 

■ 334. Section 970.5235–1 is amended 

by removing ‘‘48 CFR 970.3501–4,’’ in 

the introductory text, and adding in its 

place, ‘‘970.3501–4,’’ and adding 

‘‘(DOE)’’ after the first use of ‘‘Energy’’ 

in clause paragraph (a). 

970.5236–1 [Amended] 

■ 335. Section 970.5236–1 introductory 

text, is amended by removing ‘‘in 48 

CFR 970.3605–2,’’ and adding in its 

place ‘‘at 970.3605–2,’’. 

■ 336. Section 970.5242–1 is revised to 

read as follows: 

970.5242–1 Penalties for unallowable 

costs. 

As prescribed in 970.4207–03–70, 

insert the following clause: 

PENALTIES FOR UNALLOWABLE 

COSTS (AUG 2009) 

(a) Contractors which include unallowable 

cost in a submission for settlement for cost 

incurred, may be subject to penalties. 

(b) If, during the review of a submission for 

settlement of cost incurred, the Contracting 

Officer determines that the submission 

contains an expressly unallowable cost or a 

cost determined to be unallowable prior to 

the submission, the Contracting Officer shall 

assess a penalty. 

(c) Unallowable costs are either expressly 

unallowable or determined unallowable. 

(1) An expressly unallowable cost is a 

particular item or type of cost which, under 

the express provisions of an applicable law, 

regulation, or this contract, is specifically 

named and stated to be unallowable. 

(2) A cost determined unallowable is one 

which, for that contractor— 

(i) Was subject to a contracting officer’s 

final decision and not appealed; 

(ii) The Civilian Board of Contract Appeals 

or a court has previously ruled as 

unallowable; or 

(iii) Was mutually agreed to be 

unallowable. 

(d) If the Contracting Officer determines 

that a cost submitted by the Contractor in its 

submission for settlement of cost incurred 

is— 

(1) Expressly unallowable, then the 

Contracting Officer shall assess a penalty in 

an amount equal to the disallowed cost 

allocated to this contract plus interest on the 

paid portion of the disallowed cost. Interest 

shall be computed from the date of 

overpayment to the date of repayment using 

the interest rate specified by the Secretary of 

the Treasury pursuant to Pub. L. 92–41 (85 

Stat. 97); or 

(2) Determined unallowable, then the 

Contracting Officer shall assess a penalty in 

an amount equal to two times the amount of 

the disallowed cost allocated to this contract. 

(e) The Contracting Officer may waive the 

penalty provisions when— 

(1) The Contractor withdraws the 

submission before the formal initiation of an 

audit of the submission and submits a 

revised submission; 

(2) The amount of the unallowable costs 

allocated to covered contracts is $10,000 or 

less; or 

(3) The Contractor demonstrates to the 

Contracting Officer’s satisfaction that— 

(i) It has established appropriate policies, 

personnel training, and an internal control 

and review system that provides assurances 

that unallowable costs subject to penalties 

are precluded from the Contractor’s 

submission for settlement of costs; and 

(ii) The unallowable costs subject to the 

penalty were inadvertently incorporated into 

the submission. 

(End of clause) 

970.5243–1 [Amended] 

■ 337. Section 970.5243–1 introductory 

text is amended by removing ‘‘48 CFR’’. 

■ 338. Section 970.5244–1 is revised to 

read as follows: 

970.5244–1 Contractor purchasing 

system. 

As prescribed in 970.4403 insert the 

following clause: 

CONTRACTOR PURCHASING 

SYSTEM (AUG 2009) 

(a) General. The Contractor shall develop, 

implement, and maintain formal policies, 

practices, and procedures to be used in the 

award of subcontracts consistent with this 

clause and 48 CFR subpart 970.44. The 

Contractor’s purchasing system and methods 

shall be fully documented, consistently 

applied, and acceptable to the Department of 

Energy (DOE) in accordance with 48 CFR 

970.4401–1. The Contractor shall maintain 


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file documentation which is appropriate to 

the value of the purchase and is adequate to 

establish the propriety of the transaction and 

the price paid. The Contractor’s purchasing 

performance will be evaluated against such 

performance criteria and measures as may be 

set forth elsewhere in this contract. DOE 

reserves the right at any time to require that 

the Contractor submit for approval any or all 

purchases under this contract. The 

Contractor shall not purchase any item or 

service, the purchase of which is expressly 

prohibited by the written direction of DOE, 

and shall use such special and directed 

sources as may be expressly required by the 

DOE Contracting Officer. DOE will conduct 

periodic appraisals of the Contractor’s 

management of all facets of the purchasing 

function, including the Contractor’s 

compliance with its approved system and 

methods. Such appraisals will be performed 

through the conduct of Contractor Purchasing 

System Reviews in accordance with 48 CFR 

subpart 44.3, or, when approved by the 

Contracting Officer, through the Contractor’s 

participation in the conduct of the Balanced 

Scorecard performance measurement and 

performance management system. The 

Contractor’s approved purchasing system and 

methods shall include the requirements set 

forth in paragraphs (b) through (y) of this 

clause. 

(b) Acquisition of utility services. Utility 

services shall be acquired in accordance with 

the requirements of 48 CFR subpart 970.41. 

(c) Acquisition of Real Property. Real 

property shall be acquired in accordance 

with 48 CFR subpart 917.74. 

(d) Advance Notice of Proposed 

Subcontract Awards. Advance notice shall be 

provided in accordance with 48 CFR 

970.4401–3. 

(e) Audit of Subcontractors. (1) The 

Contractor shall provide for— 

(i) Periodic post-award audit of costreimbursement subcontractors at all tiers; 

and 

(ii) Audits, where necessary, to provide a 

valid basis for pre-award or cost or price 

analysis. 

(2) Responsibility for determining the costs 

allowable under each cost-reimbursement 

subcontract remains with the contractor or 

next higher-tier subcontractor. The 

Contractor shall provide, in appropriate 

cases, for the timely involvement of the 

Contractor and the DOE Contracting Officer 

in resolution of subcontract cost allowability. 

(3) Where audits of subcontractors at any 

tier are required, arrangements may be made 

to have the cognizant Federal agency perform 

the audit of the subcontract. These 

arrangements shall be made administratively 

between DOE and the other agency involved 

and shall provide for the cognizant agency to 

audit in an appropriate manner in light of the 

magnitude and nature of the subcontract. In 

no case, however, shall these arrangements 

preclude determination by the DOE 

Contracting Officer of the allowability or 

unallowability of subcontractor costs claimed 

for reimbursement by the Contractor. 

(4) Allowable costs for cost reimbursable 

subcontracts are to be determined in 

accordance with the cost principles of 48 

CFR Part 31, appropriate for the type of 

organization to which the subcontract is to be 

awarded, as supplemented by 48 CFR part 

931. Allowable costs in the purchase or 

transfer from contractor-affiliated sources 

shall be determined in accordance with 48 

CFR 970.4402–3 and 48 CFR 31.205–26(e). 

(f) Bonds and Insurance. (1) The Contractor 

shall require performance bonds in penal 

amounts as set forth in 48 CFR 28.102–2(a) 

for all fixed-priced and unit-priced 

construction subcontracts in excess of 

$100,000. The Contractor shall consider the 

use of performance bonds in fixed-price nonconstruction subcontracts, where 

appropriate. 

(2) For fixed-price, unit-priced and cost 

reimbursement construction subcontracts in 

excess of $100,000, a payment bond shall be 

obtained on Standard Form 25A modified to 

name the Contractor as well as the United 

States of America as obligees. The penal 

amounts shall be determined in accordance 

with 48 CFR 28.102–2(b). 

(3) For fixed-price, unit-priced and costreimbursement construction subcontracts 

greater than $25,000, but not greater than 

$100,000, the Contractor shall select two or 

more of the payment protections at 48 CFR 

28.102–1(b), giving particular consideration 

to the inclusion of an irrevocable letter of 

credit as one of the selected alternatives. 

(4) A subcontractor may have more than 

one acceptable surety in both construction 

and other subcontracts, provided that in no 

case will the liability of any one surety 

exceed the maximum penal sum for which it 

is qualified for any one obligation. For 

subcontracts other than construction, a cosurety (two or more sureties together) may 

reinsure amounts in excess of their 

individual capacity, with each surety having 

the required underwriting capacity that 

appears on the list of acceptable corporate 

sureties. 

(g) Buy American. The Contractor shall 

comply with the provisions of the Buy 

American Act as reflected in 48 CFR 52.225– 

1 and 48 CFR 52.225–9. The Contractor shall 

forward determinations of non-availability of 

individual items to the DOE Contracting 

Officer for approval. Items in excess of 

$100,000 require the prior concurrence of the 

Head of Contracting Activity. If, however, the 

Contractor has an approved purchasing 

system, the Head of the Contracting Activity 

may authorize the Contractor to make 

determinations of non-availability for 

individual items valued at $100,000 or less. 

(h) Construction and Architect-Engineer 

Subcontracts. (1) Independent Estimates. A 

detailed, independent estimate of costs shall 

be prepared for all construction work to be 

subcontracted. 

(2) Specifications. Specifications for 

construction shall be prepared in accordance 

with the DOE publication entitled ‘‘General 

Design Criteria Manual.’’ 

(3) Prevention of Conflict of Interest. (i) The 

Contractor shall not award a subcontract for 

construction to the architect-engineer firm or 

an affiliate that prepared the design. This 

prohibition does not preclude the award of 

a ‘‘turnkey’’ subcontract so long as the 

subcontractor assumes all liability for defects 

in design and construction and consequential 

damages. 

(ii) The Contractor shall not award both a 

cost-reimbursement subcontract and a fixedprice subcontract for construction or 

architect-engineer services or any 

combination thereof to the same firm where 

those subcontracts will be performed at the 

same site. 

(iii) The Contractor shall not employ the 

construction subcontractor or an affiliate to 

inspect the firm’s work. The contractor shall 

assure that the working relationships of the 

construction subcontractor and the 

subcontractor inspecting its work and the 

authority of the inspector are clearly defined. 

(i) Contractor-Affiliated Sources. 

Equipment, materials, supplies, or services 

from a contractor-affiliated source shall be 

purchased or transferred in accordance with 

48 CFR 970.4402–3. 

(j) Contractor-Subcontractor Relationship. 

The obligations of the Contractor under 

paragraph (a) of this clause, including the 

development of the purchasing system and 

methods, and purchases made pursuant 

thereto, shall not relieve the Contractor of 

any obligation under this contract (including, 

among other things, the obligation to 

properly supervise, administer, and 

coordinate the work of subcontractors). 

Subcontracts shall be in the name of the 

Contractor, and shall not bind or purport to 

bind the Government. 

(k) Government Property. Identification, 

inspection, maintenance, protection, and 

disposition of Government property shall 

conform with the policies and principles of 

48 CFR part 45, 48 CFR part 945, the Federal 

Property Management Regulations, 41 CFR 

chapter 101, the DOE Property Management 

Regulations, 41 CFR chapter 109, and their 

contracts. 

(l) Indemnification. Except for PriceAnderson Nuclear Hazards Indemnity, no 

subcontractor may be indemnified except 

with the prior approval of the Senior 

Procurement Executive. 

(m) Leasing of Motor Vehicles. Contractors 

shall comply with 48 CFR subpart 8.11 and 

48 CFR subpart 908.11. 

(n) [Reserved] 

(o) Management, Acquisition and Use of 

Information Resources. Requirements for 

automatic data processing resources and 

telecommunications facilities, services, and 

equipment, shall be reviewed and approved 

in accordance with applicable DOE Orders 

and regulations regarding information 

resources. 

(p) Priorities, Allocations and Allotments. 

Priorities, allocations and allotments shall be 

extended to appropriate subcontracts in 

accordance with the clause or clauses of this 

contract dealing with priorities and 

allocations. 

(q) Purchase of Special Items. Purchase of 

the following items shall be in accordance 

with the following provisions of 48 CFR 

subpart 8.5, 48 CFR subpart 908.71, Federal 

Management Regulation 41 CFR part 102, 

and the Federal Property Management 

Regulation 41 CFR chapter 101: 

(1) Motor vehicles—48 CFR 908.7101 

(2) Aircraft—48 CFR 908.7102 

(3) Security Cabinets—48 CFR 908.7106 

(4) Alcohol—48 CFR 908.7107 

(5) Helium—48 CFR subpart 8.5 


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(6) Fuels and packaged petroleum 

products—48 CFR 908.7109 

(7) Coal—48 CFR 908.7110 

(8) Arms and Ammunition—48 CFR 

908.7111 

(9) Heavy Water—48 CFR 908.7121(a) 

(10) Precious Metals—48 CFR 908.7121(b) 

(11) Lithium—48 CFR 908.7121(c) 

(12) Products and services of the blind and 

severely handicapped—41 CFR 101–26.701 

(r) Purchase versus Lease Determinations. 

Contractors shall determine whether required 

equipment and property should be purchased 

or leased, and establish appropriate 

thresholds for application of lease versus 

purchase determinations. Such 

determinations shall be made— 

(1) At time of original acquisition; 

(2) When lease renewals are being 

considered; and 

(3) At other times as circumstances 

warrant. 

(s) Quality Assurance. Contractors shall 

provide no less protection for the 

Government in its subcontracts than is 

provided in the prime contract. 

(t) Setoff of Assigned Subcontractor 

Proceeds. Where a subcontractor has been 

permitted to assign payments to a financial 

institution, the assignment shall treat any 

right of setoff in accordance with 48 CFR 

932.803. 

(u) Strategic and Critical Materials. The 

Contractor may use strategic and critical 

materials in the National Defense Stockpile. 

(v) Termination. When subcontracts are 

terminated as a result of the termination of 

all or a portion of this contract, the 

Contractor shall settle with subcontractors in 

conformity with the policies and principles 

relating to settlement of prime contracts in 48 

CFR subparts 49.1, 49.2 and 49.3. When 

subcontracts are terminated for reasons other 

than termination of this contract, the 

Contractor shall settle such subcontracts in 

general conformity with the policies and 

principles in 48 CFR subparts 49.1, 49.2, 49.3 

and 49.4. Each such termination shall be 

documented and consistent with the terms of 

this contract. Terminations which require 

approval by the Government shall be 

supported by accounting data and other 

information as may be directed by the 

Contracting Officer. 

(w) Unclassified Controlled Nuclear 

Information. Subcontracts involving 

unclassified uncontrolled nuclear 

information shall be treated in accordance 

with 10 CFR part 1017. 

(x) Subcontract Flowdown Requirements. 

In addition to terms and conditions that are 

included in the prime contract which direct 

application of such terms and conditions in 

appropriate subcontracts, the Contractor shall 

include the following clauses in 

subcontracts, as applicable: 

(1) Davis-Bacon clauses prescribed in 48 

CFR 22.407. 

(2) Foreign Travel clause prescribed in 48 

CFR 952.247–70. 

(3) Counterintelligence clause prescribed 

in 48 CFR 970.0404–4(a). 

(4) Service Contract Act clauses prescribed 

in 48 CFR 22.1006. 

(5) State and local taxes clause prescribed 

in 48 CFR 970.2904–1. 

(6) Cost or pricing data clauses prescribed 

in 48 CFR 970.1504–3–1(b). 

(y) Legal Services. Contractor purchases of 

litigation and other legal services are subject 

to the requirements in 10 CFR part 719 and 

the requirements of this clause. 

(End of Clause) 

970.5245–1 [Amended] 

■ 339. Section 970.5245–1 is amended 

by: 

■ a. Removing in the introductory text 

and Alternate I, ‘‘48 CFR’’; 

■ b. Removing ‘‘regulations’’ in clause 

paragraphs (e)(2), three occurrences, and 

(i)(1)(i), second sentence, two 

occurrences, and adding in its place 

‘‘Regulations’’; 

■ c. Adding ‘‘(DOE)’’ after ‘‘Energy’’ in 

clause paragraph (e)(2); and 

■ d. Removing the ‘‘:’’ in clause 

paragraphs (f)(1)(i) introductory text, (g) 

introductory text, (i)(1)(ii) introductory 

text, (j) introductory text, and Alternate 

I (j) introductory text and adding in its 

place ‘‘—’’. 

PARTS 901, 903, 906, 915, 931, 933, 

949, 951, AND 970—[AMENDED] 

■ 340. The sections listed below are 

amended by adding the word ‘‘Senior’’ 

before the word ‘‘Procurement’’ in the 

following places: 

■ a. Section 901.102 in the first 

sentence; 

■ b. Section 903.203 in the second 

sentence; 

■ c. Section 903.603(a); 

■ d. Section 906.202(b)(1); 

■ e. Section 906.304(c)(3); 

■ f. Section 915.404–4–71–2; 

■ g. Section 915.404–4–71–3(d), two 

places; 

■ h. Section 915.404–4–72 paragraphs 

(a) introductory text and (b); 

■ i. Section 931.205–32(b)(1) second 

sentence; 

■ j. Section 933.103 in paragraph (f) and 

paragraph (i)(1) introductory text; 

■ k. Section 933.103(k) in the third 

sentence; 

■ l. Section 933.104 in paragraphs (b), 

(c), and (g)(1), in two places; 

■ m. Section 949.111(c); 

■ n. Section 951.103(b); 

■ o. Section 970.0404–2 in paragraph (c) 

in the first sentence; 

■ p. Section 970.1170–2; 

■ q. Section 970.1504–1–1; 

■ r. Section 970.1504–1–2 in paragraphs 

(c), (d), (f), (g), and (i)(1); 

■ s. Section 970.1504–1–3(b)(1) in the 

last sentence; 

■ t. Section 970.1504–1–3 in paragraphs 

(c)(3) and (4); 

■ u. Section 970.1504–1–4 in 

paragraphs (b), (c)(2), and (c)(3); 

■ v. Section 970.1504–1–7 in paragraph 

(e); 

■ w. 970.1504–1–9(e) in paragraphs 

(e)(1)(v), (e)(2)(vii), (e)(3)(vi), (f) (in two 

places), and (i); 

■ x. Section 970.1504–1–10; 

■ y. Section 970.1504–5 in paragraphs 

(a) introductory text, (b)(1), (c), and (d); 

■ z. Section 970.1706–1 in paragraphs 

(b) and (c); 

■ aa. Section 970.2303–1 in paragraph 

(c)(1) in the first sentence; 

■ bb. Section 970.3101–00–70(a); and 

■ cc. Clause 970.5232–5 in paragraph 

(a). 

PARTS 952 AND 970—[AMENDED] 

■ 341. 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 

952.203–70(a) and (b) ..................................................................................................................... ‘‘contractor’’ ............... ‘‘Contractor’’ 

952.204–70 in eight places ............................................................................................................. ‘‘contractor’’ ............... ‘‘Contractor’’ 

952.204–71(a) in five places ........................................................................................................... ‘‘contractor’’ ............... ‘‘Contractor’’ 

952.204–72(a) two places, and (b) ................................................................................................. ‘‘contractor’’ ............... ‘‘Contractor’’ 

952.204–73(f) in two places ............................................................................................................ ‘‘contractor’’ ............... ‘‘Contractor’’ 

952.204–76(a)(1) in three places, (a)(2) in two places, (a)(3), (b)(1) introductory text, (b)(1)(i), 

(b)(1)(ii), (b)(2)(ii), (b)(3), (c) introductory text, (c)(3).

‘‘contractor’’ ............... ‘‘Contractor’’ 

952.204–76(a)(1), (a)(3), (b)(1) introductory text, (c) introductory text, (c)(3)(iii), (c)(3)(iv) ............ ‘‘contractor’s’’ ............. ‘‘Contractor’s’’ 

952.204–77(a)(2), (b) introductory text, (d) in two places, (e) ........................................................ ‘‘contractor’’ ............... ‘‘Contractor’’ 

952.208–7(b) .................................................................................................................................... ‘‘contractor’’ ............... ‘‘Contractor’’ 

952.208–70 first paragraph, (2) ....................................................................................................... ‘‘contractor’’ ............... ‘‘Contractor’’ 


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Section Remove Add 

952.209–72(a), (b) introductory text in three places, (b)(1)(i) in three places, (b)(1)(ii) in three 

places, (b)(1)(iii), (b)(2)(i) in two places, (b)(2)(ii), (b)(2)(iii), (c)(1) in two places, (c)(2), (d), Alternate I (f)(1) in two places, Alternate I (f)(2) in four places.

‘‘contractor’’ ............... ‘‘Contractor’’ 

952.209–72(b)(1)(i) .......................................................................................................................... ‘‘contractor’s’’ ............. ‘‘Contractor’s’’ 

952.217–70(a) .................................................................................................................................. ‘‘contractor’’ ............... ‘‘Contractor’’ 

952.217–70(a)(1) ............................................................................................................................. ‘‘contractor’s’’ ............. ‘‘Contractor’s’’ 

952.223–72 in four places ............................................................................................................... ‘‘contractor’’ ............... ‘‘Contractor’’ 

952.223–75 in three places ............................................................................................................. ‘‘contractor’’ ............... ‘‘Contractor’’ 

952.223–76(a)(2) in two places, (a)(3), (b)(1) introductory text, (b)(1)(i), (b)(1)(ii), (b)(1)(vi), 

(b)(2)(ii), (b)(3), (c) first occurrence.

‘‘contractor’’ ............... ‘‘Contractor’’ 

952.223–76(a)(1), (a)(3), (b)(1), (c) introductory text, (c)(3)(iii), (c)(3)(iv), (d)(1), (d)(3) ................. ‘‘contractor’s’’ ............. ‘‘Contractor’s’’ 

952.223–77(a)(1) in three places, (a)(2) in two places, (a)(3), (b)(1) introductory text, (b)(1)(i), 

(b)(1)(ii), (b)(1)(vi), (b)(2)(ii), (c) introductory text first occurrence.

‘‘contractor’’ ............... ‘‘Contractor’’ 

952.223–77(a)(1), (a)(3), (b)(1) introductory text, (c)(1) introductory text, (c)(3) introductory text ‘‘contractor’s’’ ............. ‘‘Contractor’s’’ 

952.231–71(a) in two places, (b) in five places, (c)(1), (c)(2) in two places, (d) in three places, 

(e) introductory text, (g) introductory text, (g)(2), (h), (i) in three places, (j)(1) in two places, 

(j)(3), (k) introductory text in two places, (l) introductory text in three places, (l)(3) in four 

places.

‘‘contractor’’ ............... ‘‘Contractor’’ 

952.231–71(h) introductory text, (l)(3) ............................................................................................. ‘‘contractor’s’’ ............. ‘‘Contractor’s’’ 

952.235–71(a), (b) introductory text in three places, (b)(3), (c) introductory text, (d) introductory 

text, (d)(1) in three places, (d)(2), (d)(3), (d)(5) in four places, (g), (h).

‘‘contractor’’ ............... ‘‘Contractor’’ 

952.235–71(b)(3), (e) ....................................................................................................................... ‘‘contractor’s’’ ............. ‘‘Contractor’s’’ 

952.237–70 second paragraph of clause ........................................................................................ ‘‘contractor’’ ............... ‘‘Contractor’’ 

952.242–70(a)(1), (a)(2), (a)(3), (b), (e) introductory text in four places, (e)(1), (e)(2), (e)(3), (f) .. ‘‘contractor’’ ............... ‘‘Contractor’’ 

952.242–70(c)(5), (e)(1), ................................................................................................................. ‘‘contractor’s’’ ............. ‘‘Contractor’s’’ 

952.250–70(c) in three places, (d)(1) in three places, (e)(1), (e)(2)(iii), (e)(2)(iv) introductory 

text, (e)(2)(vi), (f) in seven places, (g) in two places, (i), (j), (k), Note III in the second paragraph.

‘‘contractor’’ ............... ‘‘Contractor’’ 

952.251–70(a) in two places in the first sentence and the second sentence, (f)(1) in two places ‘‘contractor’’ ............... ‘‘Contractor’’ 

970.5203–1(a)(1) in three places, (a)(2), (a)(4) in two places, (b) ................................................. ‘‘contractor’’ ............... ‘‘Contractor’’ 

970.5203–1(a)(3) ............................................................................................................................. ‘‘contractor’s’’ ............. ‘‘Contractor’s’’ 

970.5203–2(a), (b), (c) in two places, (d) ........................................................................................ ‘‘contractor’’ ............... ‘‘Contractor’’ 

970.5203–3(a), (b) in two places, (c) in four places, (d) ................................................................. ‘‘contractor’’ ............... ‘‘Contractor’’ 

970.5204–1(a), (b) ........................................................................................................................... ‘‘contractor’’ ............... ‘‘Contractor’’ 

970.5204–2(a) in two places, (b) in seven places, (c), (d) (e) in two places ................................. ‘‘contractor’’ ............... ‘‘Contractor’’ 

970.5204–2(b) in two places, (e) ..................................................................................................... ‘‘contractor’s’’ ............. ‘‘Contractor’s’’ 

970.5204–3(a) in two places, (b), (b)(2) in two places, (b)(3), (b)(5)(iii) second occurrence only, 

(c), (d) in four places, (f) in two places, (g).

‘‘contractor’’ ............... ‘‘Contractor’’ 

970.5204–3(b)(2), (b)(5)(ii) .............................................................................................................. ‘‘contractor’s’’ ............. ‘‘Contractor’s’’ 

970.5211–1(a) in three places, (b), (c), (d), (e) in two places, (f), (g) in two places ..................... ‘‘contractor’’ ............... ‘‘Contractor’’ 

970.5215–1(c)(2), (c)(3) ................................................................................................................... ‘‘contractor’’ ............... ‘‘Contractor’’ 

970.5215–1(c)(1), (c)(3), Alternate III (f) ......................................................................................... ‘‘contractor’s’’ ............. ‘‘Contractor’s’’ 

970.5215–3(a)(1)(i), (a)(1)(ii), (a)(4), (b)(3)(i), (b)(3)(ii), (b)(3)(vi), (b)(4)(iv) in four places, 

(b)(4)(v)(A) in three places, (b)(4)(v)(B) in four places, (c) introductory text in two places, (d) 

introductory text, (d)(3) introductory text, Alternate I (a)(1), (a)(3), (b)(3)(i), (b)(3)(ii), (b)(3)(vi), 

Alternate II (e) introductory text, Alternate II (f)(3).

‘‘contractor’’ ............... ‘‘Contractor’’ 

970.5215–3(a)(1)(i), (a)(1)(ii), (b)(2), (b)(3), (b)(4)(ii), (b)(4)(iii), (c)(1), (d)(3)(iii), (d)(3)(iv), Alternate I (a)(1), Alternate I (b)(2), Alternate I (b)(3), Alternate II (f)(3).‘‘contractor’s’’ ............. ‘‘Contractor’s’’ 

970.5215–4(b) in two places (definition of administrative cost and definition of design, process 

or method change), (i).

‘‘contractor’’ ............... ‘‘Contractor’’ 

970.5217–1(c)(8) ............................................................................................................................. ‘‘contractor’s’’ ............. ‘‘Contractor’s’’ 

970.5222–2(a), (b), (c) introductory text .......................................................................................... ‘‘contractor’’ ............... ‘‘Contractor’’ 

970.5223–1(b) introductory text in four places, (b)(1), (b)(7) in two places, (c) introductory text 

in two places, (d) in two places, (e) in two places, (f) in two places, (g) in four places, (h) in 

two places, (i) in two places.

‘‘contractor’’ ............... ‘‘Contractor’’ 

970.5223–1(b) introductory text, (e), (g), (h), (i) ............................................................................. ‘‘contractor’s’’ ............. ‘‘Contractor’s’’ 

970.5223–2(d) introductory text in three places, (d)(iii) .................................................................. ‘‘contractor’’ ............... ‘‘Contractor’’ 

970.5223–4(a), (b), (c)(1) in two places, (c)(2) in two places, (c)(3) .............................................. ‘‘contractor’’ ............... ‘‘Contractor’’ 

970.5223–4(b) .................................................................................................................................. ‘‘contractor’s’’ ............. ‘‘Contractor’s’’ 

970.5228–1(a) in two places, (b) in five places, (c)(1), (c)(2) in two places, (d) in three places, 

(e) introductory text, (g) introductory text, (g)(2), (h) introductory text, (i) in two places, (j)(1) in 

two places, (j)(3), (k) in two places, (l) introductory text in three places, (l)(3) in four places.

‘‘contractor’’ ............... ‘‘Contractor’’ 

970.5228–1(h) introductory text, (l)(3) ............................................................................................. ‘‘contractor’s’’ ............. ‘‘Contractor’s’’ 

970.5229–1(a) in six places, (b) in seven places, (c) ..................................................................... ‘‘contractor’’ ............... ‘‘Contractor’’ 

970.5231–4(a) in six places, Alternate II (c) in two places, ............................................................ ‘‘contractor’’ ............... ‘‘Contractor’’ 

970.5232–1(a), (b) ........................................................................................................................... ‘‘contractor’’ ............... ‘‘Contractor’’ 

970.5232–1(a) .................................................................................................................................. ‘‘contractor’s’’ ............. ‘‘Contractor’s’’ 

970.5232–2(a), (b) in two places, (c) in three places, (d) in four places, (e) introductory text, 

(e)(1), (e)(2) introductory text, (e)(2)(i), (e)(2)(vi)(A), (e)(2)(vi)(B) in four places, (e)(2)(vi)(C) in 

two places, (e)(3), (e)(3)(i), (g), (h) in two places, (i) in two places, Alternate II (a), Alternate 

III (k) in four places, Alternate IV (k) in two places.

‘‘contractor’’ ............... ‘‘Contractor’’ 

970.5232–2(c), (e)(2)(i), (e)(2)(iv)(B), (h) ........................................................................................ ‘‘contractor’s’’ ............. ‘‘Contractor’s’’ 

970.5232–3(a) in four places, (b), (c), (d) in six places, (e), (f), (g), (h)(2) in two places, (i), (i)(1) 

introductory text, (i)(1)(iii), (i)(2), (i)(3) the first occurrence, (j) in two places, Alternate I (b).

‘‘contractor’’ ............... ‘‘Contractor’’ 


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Section Remove Add 

970.5232–4(a) in four places, (b) introductory text in two places, (b)(1), (c) in three places, (d) 

introductory text in two places.

‘‘contractor’’ ............... ‘‘Contractor 

970.5232–4(b) introductory text, (c) in five places .......................................................................... ‘‘contractor’s’’ ............. ‘‘Contractor’s’’ 

970.5232–5(a), (b) in three places .................................................................................................. ‘‘contractor’’ ............... ‘‘Contractor’’ 

970.5232–5(a) .................................................................................................................................. ‘‘contractor’s’’ ............. ‘‘Contractor’s’’ 

970.5232–6 in eight places where the word ‘‘the’’ precedes the word ‘‘contractor’’ ...................... ‘‘contractor’’ ............... ‘‘Contractor’’ 

970.5232–6 in two places ................................................................................................................ ‘‘contractor’s’’ ............. ‘‘Contractor’s’’ 

970.5232–7 in four places ............................................................................................................... ‘‘contractor’’ ............... ‘‘Contractor’’ 

970.5232–8 ...................................................................................................................................... ‘‘contractor’s’’ ............. ‘‘Contractor’s’’ 

970.5235–1(a), (b), (c), (d) .............................................................................................................. ‘‘contractor’’ ............... ‘‘Contractor’’ 

970.5236–1 in two places ................................................................................................................ ‘‘contractor’’ ............... ‘‘Contractor’’ 

970.5242–1(c)(2), (d) introductory text, (e)(1), (e)(3) introductory text ........................................... ‘‘contractor’’ ............... ‘‘Contractor’’ 

970.5242–1(e)(3)(i), ......................................................................................................................... ‘‘contractor’s’’ ............. ‘‘Contractor’s’’ 

970.5243–1(a) in two places, (b) ..................................................................................................... ‘‘contractor’’ ............... ‘‘Contractor’’ 

970.5245–1(b) in five places, (c), (d) in eight places, (e)(1), (e)(2), (f)(1)(i) introductory text, 

(f)(1)(ii) in three places, (f)(2) introductory text, (f)(3), (g) in two places, (g)(3), (i)(1)(i), (i)(2)(i), 

(i)(2)(ii) in three places where the word ‘‘the’’ precedes the word ‘‘contractor’’, (k).

‘‘contractor’’ ............... ‘‘Contractor’’ 

970.5245–1(c), (e)(1), (f)(1)(i)(A), (f)(1)(i)(B), (f)(2) introductory text, (g) introductory text, (i)(1)(i), 

(i)(1)(ii)(C), (i)(1)(iii), (j) introductory text the second use of the word, (j)(1), (j)(2), Alternate I 

(j) the second use of the word, (j)(1), (j)(2), (j)(3).

‘‘contractor’s’’ ............. ‘‘Contractor’s’’ 

PARTS 952 AND 970—[AMENDED] 

■ 342. 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 

952.204–71(a) ....................................................................................................... ‘‘contracting officer’’ ................ ‘‘Contracting Officer’’ 

952.204–76(a)(2), (b)(1) introductory text, (b)(2)(i), (b)(3) ................................... ‘‘contracting officer’’ ................ ‘‘Contracting Officer’’ 

952.208–70(2) ....................................................................................................... ‘‘contracting officer’’ ................ ‘‘Contracting Officer’’ 

952.208–70(2) ....................................................................................................... ‘‘contracting officer’s’’ .............. ‘‘Contracting Officer’s’’ 

952.209–72(b)(1)(i), (b)(1)(ii), (b)(2)(i) introductory text, (c)(1), (c)(2), (e) in two 

places, Alternate I (f)(2).

‘‘contracting officer’’ ................ ‘‘Contracting Officer’’ 

952.217–70(a) introductory text, (b) ..................................................................... ‘‘contracting officer’’ ................ ‘‘Contracting Officer’’ 

952.223–72 in three places .................................................................................. ‘‘contracting officer’’ ................ ‘‘Contracting Officer’’ 

952.223–76(a)(2), (b)(1) introductory text, (b)(2)(i), (b)(3) ................................... ‘‘contracting officer’’ ................ ‘‘Contracting Officer’’ 

952.223–77(a)(2), (b)(1) introductory text, (b)(2)(i), (b)(3) ................................... ‘‘contracting officer’’ ................ ‘‘Contracting Officer’’ 

952.231–71(a) in two places, (b) in five places, (c)(1), (c)(2), (c)(3) in two 

places, (d) in two places, (g)(2), (i), (j)(1), (j)(2), (l)(1).

‘‘contracting officer’’ ................ ‘‘Contracting Officer’’ 

952.231–71(d) ....................................................................................................... ‘‘contracting officer’s’’ .............. ‘‘Contracting Officer’s’’ 

952.233–4(a) ......................................................................................................... ‘‘contracting officer’’ ................ ‘‘Contracting Officer’’ 

952.233–5 ............................................................................................................. ‘‘contracting officer’’ ................ ‘‘Contracting Officer’’ 

952.235–70 in four places .................................................................................... ‘‘contracting officer’’ ................ ‘‘Contracting Officer’’ 

952.235–71(b) introductory text in two places, (b)(3) in four places, (c) introductory text, (d)(5).‘‘contracting officer’’ ................ ‘‘Contracting Officer’’ 

952.242–70(b) in two places ................................................................................ ‘‘contracting officer’’ ................ ‘‘Contracting Officer’’ 

952.251–70(a), (f)(2) ............................................................................................. ‘‘contracting officer’’ ................ ‘‘Contracting Officer’’ 

970.5203–1(a)(4) in two places ............................................................................ ‘‘contracting officer’’ ................ ‘‘Contracting Officer’’ 

970.5203–2(c) in two places, (d) .......................................................................... ‘‘contracting officer’’ ................ ‘‘Contracting Officer’’ 

970.5203–3(a), (b) in two places, (c), (d) ............................................................. ‘‘contracting officer’’ ................ ‘‘Contracting Officer’’ 

970.5204–2(b) in five places, (d) .......................................................................... ‘‘contracting officer’’ ................ ‘‘Contracting Officer’’ 

970.5204–2(b) ....................................................................................................... ‘‘contracting officer’s’’ .............. ‘‘Contracting Officer’s’’ 

970.5204–3(a) in two places, (b), (d) in two places, (g)(1), (g)(2) ....................... ‘‘contracting officer’’ ................ ‘‘Contracting Officer’’ 

970.5215–1(b) in three places, (d)(1)(ii), (d)(3) introductory text, (e) in four 

places.

‘‘contracting officer’’ ................ ‘‘Contracting Officer’’ 

970.5215–1(c)(1) .................................................................................................. ‘‘contracting officer’s’’ .............. ‘‘Contracting Officer’s’’ 

970.5215–3 Alternate I (a)(3), Alternate I (b)(3) in two places ............................ ‘‘contracting officer’’ ................ ‘‘Contracting Officer’’ 

970.5215–3(b)(3)(v) .............................................................................................. ‘‘contracting officer’s’’ .............. ‘‘Contracting Officer’s’’ 

970.5215–4(a), (b) (definition of Shared Net Savings, paragraph (2)), (d) introductory text, (e) in two places, (f), (i).‘‘contracting officer’’ ................ ‘‘Contracting Officer’’ 

970.5222–2(b), (c) introductory text in two places ............................................... ‘‘contracting officer’’ ................ ‘‘Contracting Officer’’ 

970.5223–1(e) in three places, (g) in three places where the word ‘‘the’’ precedes the word ‘‘contracting officer’’.‘‘contracting officer’’ ................ ‘‘Contracting Officer’’ 

970.5223–3(b) ....................................................................................................... ‘‘contracting officer’’ ................ ‘‘Contracting Officer’’ 

970.5223–4(c)(1) .................................................................................................. ‘‘contracting officer’’ ................ ‘‘Contracting Officer’’ 

970.5228–1(a) in two places, (b) in five places, (c)(1), (c)(2), (c)(3) in two 

places, (d) in two places, (g)(2), (i), (j)(1), (j)(2), (l)(1).

‘‘contracting officer’’ ................ ‘‘Contracting Officer’’ 

970.5229–1(a) in five places, (b) in three places ................................................. ‘‘contracting officer’’ ................ ‘‘Contracting Officer’’ 

970.5231–4 Alternate II (c) in two places ............................................................ ‘‘contracting officer’’ ................ ‘‘Contracting Officer’’ 

970.5232–1(a) ....................................................................................................... ‘‘contracting officer’’ ................ ‘‘Contracting Officer’’ 


jlentini on DSKJ8SOYB1PROD with RULES3
Federal Register / Vol. 74, No. 139 / Wednesday, July 22, 2009 / Rules and Regulations 36381 

Section Remove Add 

970.5232–2(a) in four places, (b) in two places, (c) in three places, (e), 

(e)(2)(iv)(B) in two places, (f), (g), (h) in two places, (i), (j), Alternate II (a) in 

three places, Alternate IV (k).

‘‘contracting officer’’ ................ ‘‘Contracting Officer’’ 

970.5232–3(c), (d) in two places, (e), (i)(1) introductory text, (i)(1)(viii), (i)(3), 

(i)(4), (j) in three places.

‘‘contracting officer’’ ................ ‘‘Contracting Officer’’ 

970.5232–4(a), (b)(1) ............................................................................................ ‘‘contracting officer’’ ................ ‘‘Contracting Officer’’ 

970.5232–7 ........................................................................................................... ‘‘contracting officer’’ ................ ‘‘Contracting Officer’’ 

970.5232–8 ........................................................................................................... ‘‘contracting officer’’ ................ ‘‘Contracting Officer’’ 

970.5236–1 in two places ..................................................................................... ‘‘contracting officer’’ ................ ‘‘Contracting Officer’’ 

970.5242–1(b) in two places, (d) introductory text, (d)(1), (d)(2), (e) introductory text.‘‘contracting officer’’ ................ ‘‘Contracting Officer’’ 

970.5242–1(c)(2)(i), (e)(3) introductory text ......................................................... ‘‘contracting officer’s’’ .............. ‘‘Contracting Officer’s’’ 

970.5243–1(a) in two places ................................................................................ ‘‘contracting officer’’ ................ ‘‘Contracting Officer’’ 

970.5245–1(b) in two places, (c) in two places, (d) in five places, (e)(1), 

(f)(1)(i)(B), (f)(1)(ii), (f)(2)(i), (f)(2)(ii), (g)(1), (g)(3), (i)(1)(i) in two places, 

(i)(2)(i).

‘‘contracting officer’’ ................ ‘‘Contracting Officer’’ 

[FR Doc. E9–17033 Filed 7–21–09; 8:45 am] 

BILLING CODE 6450–01–P 


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