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Panoptic Enterprises' FEDERAL CONTRACTS DISPATCH

DATE: April 17, 2001

SUBJECT: Department of Energy Acquisition Regulation (DEAR); Contractor Legal Management Requirements

SOURCE: Federal Register, April 17, 2001, Vol. 66, No. 74, page 19717

AGENCIES: Department of Energy (DOE)

ACTION: Final Rule

SYNOPSIS: To comply with President Bush's memorandum directing the temporary 60 day delay in the implementation of regulations that had not gone into effect by January 20, 2001, DOE delayed the effective date of its DEAR revision concerning contractor legal management requirements from February 20, 2001, to April 23, 2001. DOE has completed its review of that regulation and it will not modify its provisions. Therefore, the rule goes into effect, as published, on April 23, 2001.

EDITOR'S NOTE: For more on President's memorandum, see the January 24, 2001, FEDERAL CONTRACTS DISPATCH "Executive Office of the President; Delay in Regulatory Implementation."

For more on the announcement of the 60 day delay in the effective date of the contractor legal management requirements regulation, see the February 2, 2001, FEDERAL CONTRACTS DISPATCH "Department of Energy; Delay of Effective Dates of Regulations."

For more on the contractor legal management requirements regulation, see the January 18, 2001, FEDERAL CONTRACTS DISPATCH "Department of Energy Acquisition Regulation (DEAR); Contractor Legal Management Requirements."

The DEAR is available on the Internet at http://www.pr.doe.gov/DEAR/dear.html.

EFFECTIVE DATE: The final rule takes effect April 23, 2001.

FOR FURTHER INFORMATION CONTACT: Laura Fullerton, 202-586-3420, laura.fullerton@hq.doe.gov; or, Anne Broker, 202-586-5060, anne.broker@hq.doe.gov.

SUPPLEMENTAL INFORMATION: On January 20, 2000, the day President Bush was inaugurated, the Executive Office of the President issued a memorandum to the heads of all federal agencies directing them to withdraw all rules and regulations that had been sent to the Federal Register but not published, and to postpone for 60 days the effective date of all rules and regulations that have been published in the Federal Register but have not taken effect.

The contractor legal management requirements regulation, which was to amend DEAR Part 931, Cost Principles, and DEAR Part 970, DOE Management and Operating Contracts, to require the monitoring and control of legal costs incurred by DOE's contractors at government-owned or leased facilities with contracts exceeding $100,000,000, had been published January 18, 2001, with an effective date of February 20, 2001. In compliance with the memorandum, DOE delayed the regulation's effective date for 60 days, until April 23, 2001. Today, DOE is announcing that it "has now completed its review of that regulation and does not intend to initiate any further rulemaking action to modify its provisions and confirms the effective date of April 23, 2001."

FOR FURTHER INFORMATION CONTACT: Panoptic Enterprises at 703-451-5953 or by e-mail to Panoptic@FedGovContracts.com.

Copyright 2001 by Panoptic Enterprises. All Rights Reserved.

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