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Barry McVay's FEDERAL CONTRACTS DISPATCH

DATE: May 26, 2000

FROM: Barry McVay, CPCM

SUBJECT: Department of Energy Acquisition Letter 2000-04; Class Deviation on Foreign Travel

SOURCE: Department of Energy AL-2000-04, May 17, 2000

AGENCIES: Department of Energy (DOE)

ACTION: DOE Acquisition Regulation (DEAR) Deviation

SYNOPSIS: AL-2000-04 provides guidance to contracting officers on implementing the requirements in DOE Order 551.1, Official Foreign Travel. DOE Order 551.1 has made changes to DOE's procedures which necessitates a deviation to the existing procurement requirements in DEAR 952.247-70, Foreign Travel, and DEAR 970.5204-52, Foreign Travel.

EDITOR'S NOTE: The DEAR is Chapter 9 of Title 48 of the Code of Federal Regulations. It is available on the Internet at http://www.pr.doe.gov/dear.html.

EFFECTIVE DATE: May 27, 2000.

FOR FURTHER INFORMATION CONTACT: Terry Sheppard of the Office of Procurement and Assistance Policy, 202-586-8193 or e-mail at terry.sheppard@hq.doe.gov.

SUPPLEMENTAL INFORMATION: On January 31, 2000, DOE published Order 551.1, which established DOE's requirements and responsibilities concerning official foreign travel by federal and contractor employees. The order states that the responsible Program Secretarial Officer has final approval authority for official foreign travel funded by the office or under his or her cognizance, and that requests for travel to a sensitive country or involving a sensitive subject must be entered in the Foreign Travel Management System at least 30 days before the proposed departure date to receive appropriate and timely country clearance.

DEAR 952.247-70 currently requires the prior approval of the contracting officer for each trip and that requests for approval be submitted at least 45 days prior to the planned departure date. Also, DEAR 970.5204-52, Foreign Travel, which is required to be included in contracts for the operation and management of DOE site and facilities when foreign travel may be required, duplicates the text of DEAR 952.247-70.

With the issuance of DOE Order 551.1, DEAR 952.247-70 and 970.5204-52 are now inconsistent with DOE procedures. Therefore, an administrative class deviation is granted to permit deletion of DEAR 970.5204-52 and replacement of the DEAR 952.247-70 with the following:

DOE 952.247-70, FOREIGN TRAVEL (MARCH 2000)
Contractor foreign travel shall be conducted pursuant to the requirements contained in DOE Order 551.1, Official Foreign Travel, or any subsequent version of this order in effect at the time of award.

For new and existing contracts subject to DEAR Part 970, DOE Management and Operating Contracts, contracting officers should incorporate the Contractor Requirements Document (CRD) of DOE Order 551.1 in contracts in accordance with DEAR 970.5204-78, Laws, Regulations and DOE Directives (which addresses the incorporation of the provisions of laws, regulations, and directives into management and operating contracts). When the CRD has been incorporated into an existing contract, DEAR 970.5204-52 must be deleted from the contract.

For new contracts that are not subject to DEAR Part 970, contracting officers should immediately use the new clause. Existing contracts that are not subject to DEAR Part 970 should be amended to replace the text of DEAR 952.247-70 with the new clause.

FOR FURTHER INFORMATION CONTACT: Barry McVay at 703-451-5953 or by e-mail to BarryMcVay@FedGovContracts.com.

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