Panoptic Enterprises' FEDERAL CONTRACTS DISPATCH
DATE: March 28, 2002
SUBJECT: Department of Energy Acquisition Regulation (DEAR); Technical and Administrative Amendments
SOURCE: Federal Register, March 26, 2002, Vol. 67, No. 60, page 14869
AGENCIES: Department of Energy (DOE)
ACTION: Final Rule
SYNOPSIS: DOE is amending the DEAR to make technical and administrative changes throughout the regulation, include removing obsolete coverage, renumbering and updating certain parts to conform with the Federal Acquisition Regulation (FAR), making revisions to reflect DOE organizational changes, and correcting typographical errors.
EDITOR'S NOTE: The DEAR is Part 9 of Title 48 of the Code of Federal Regulations (CFR). It is available on the Internet at http://professionals.pr.doe.gov/ma5/MA-5Web.nsf/Procurement/Acquisition+Regulation?OpenDocument.
EFFECTIVE DATE: April 29, 2002.
FOR FURTHER INFORMATION CONTACT: Denise P. Wright, Office of Procurement and Assistance Policy (ME-61), U.S. Department of Energy, 1000 Independence Avenue, SW, Washington, DC 20585; 202-586-6217.
SUPPLEMENTAL INFORMATION: Among the technical and administrative changes being made to the DEAR by this final rule (other than corrections of typographical errors, organizational changes, and conformance with the FAR numbering) are:
- In DEAR 902.200, Definitions Clause, the definitions for "Head of Agency" and "DOE" to add the National Nuclear Security Administration (NNSA), which was established as an agency within DOE under the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65). Also, a definition for "Senior Procurement Executive" (SPE) is added which identifies the SPE for DOE, NNSA, and the Federal Energy Regulatory Commission (FERC).
- DEAR 909.403 Definitions, is amended to revise the designation for "Debarring Official" and "Suspending Official" for DOE, the NNSA, and the FERC as the Director, Office of Procurement and Assistance Management, DOE, or designee.
- DEAR 915.606, Agency Procedures, is amended to change the location for submission of unsolicited proposals to insure consistency in current DOE procedures (U.S. Department of Energy, National Energy Technology Laboratory (PGH), Pittsburgh, PA 15236-0940).
- DEAR Subpart 916.6, Time and Materials, Labor Hour, and Letter Contracts, is added. It consists of DEAR 916.601, Time and Materials, which incorporates an approved class deviation to the requirement in paragraph (c) of FAR 16.601 requiring the contracting officer to execute a determination and findings that no other contract type is suitable. DEAR 916.601 states that "the contracting officer is not required to execute a separate Determination and Findings as required by FAR 16.601(c) if other file documentation adequately justifies contract actions."
- DEAR 917.602, Policy, is amended to clarify that only the Secretary may authorize non-competitive awards and extensions of management and operating (M&O) contracts.
- DEAR 950.104, Reports, is deleted because the coverage in FAR 50.104, Reports, is sufficient.
- DEAR 952.202-1, Definitions, is amended to reflect the definition changes in DEAR 902.200.
- DEAR 952.231-71, Insurance -- Litigation and Claims, is added to clarify coverage for certain non-M&O contracts.
- DEAR 952.236-70, Administrative Terms for Architect-Engineer Contracts, is removed because its coverage is obsolete.
- DEAR 952.249-70, Termination Clause for Cost-Reimbursement Architect-Engineer Contracts, is removed because FAR 52.249-6, Termination (Cost-Reimbursement), is considered sufficient.
FOR FURTHER INFORMATION CONTACT: Panoptic Enterprises at 703-451-5953 or by e-mail to Panoptic@FedGovContracts.com.
Copyright 2002 by Panoptic Enterprises. All Rights Reserved.
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