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The DEAR has typographical errors, outdated citations, missing words, acronyms that need to be spelled out, and other errors of a technical nature.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that appear in the format “(DOE coverage * * *)” have been removed because in many instances the references have become outdated.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, 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 non-substantive 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.

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

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:

PART 903—IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST

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)—”.

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:

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;”.

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:

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

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:

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:

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:

18. Section 904.702 is revised to read as follows:

19. The heading for subpart 904.8 is revised to read as follows:

Subpart 904.8—Government Contract Files

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:

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:

23. Revise section 904.805 to read as follows:

24. Revise the section heading for section 904.7000 to read as follows:

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;” .

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).

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.

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”.

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).

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:

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:

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.”

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).

36. Section 908.7108 is removed and reserved.

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:

39. Section 908.7115 is amended by revising paragraph (a) to read as follows:

PART 909—CONTRACTOR QUALIFICATIONS

40. Add a new section 909.104 to subpart 909.1 to read as follows:

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:

43. Section 909.400 is amended by removing the “.” at the end of paragraph (a) and adding in its place a “;”.

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.

46. Section 909.406-3 is amended by revising the section heading to read as follows:

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:

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:

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:

51. Section 909.503 is revised to read as follows:

52. Section 909.504 is amended by revising the section heading and by removing “48 CFR” in paragraph (e).

The revision reads as follows:

53. Section 909.507-1 is amended by revising the section heading and removing “48 CFR” in paragraph (e).

The revision reads as follows:

54. Section 909.507-2 is amended by removing “48 CFR” in paragraphs (a)(1), (a)(2) and (b).

PART 911—DESCRIBING AGENCY NEEDS

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:

PART 913—SIMPLIFIED ACQUISITION PROCEDURES

57. Section 913.307 is amended by revising the section heading to read as follows:

PART 914—SEALED BIDDING

58. Add a new section 914.404 to subpart 914.4 to read as follows:

59. Section 914.404-1, paragraph (c), is amended by removing “Procurement Executive has” and adding in its place “Senior Procurement Executives have”.

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”.

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.

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:

64. Add a new section 915.207 to subpart 915.2 to read as follows:

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:

66. Section 915.305 is amended by revising the section heading to read as follows:

67. Add a new section 915.404 to subpart 915.4 to read as follows:

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:

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:

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”.

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”.

73. Section 915.404-4-70-5(d) is amended by removing “48 CFR”.

74. Section 915.404-4-70-6 is amended by removing “48 CFR”.

75. Section 915.404-4-70-7 is amended by removing “48 CFR” in paragraphs (a) and (b).

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”.

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 “;”.

78. Section 915.404-4-71-4(a) is amended by removing “48 CFR”.

79. Remove “48 CFR” in 915.404-4-71-5, all occurrences, in paragraphs (a), (e)(1), and (e)(3).

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).

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:

83. Section 915.408-70 is amended by revising the section heading and removing “48 CFR” in all occurrences.

The revision reads as follows:

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:

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:

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:

88. Section 915.607 is revised to read as follows:

PART 916—TYPES OF CONTRACTS

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”.

90. Redesignate section 916.404-2 as 916.405-2.

91. Add a new section 916.405 to read as follows:

92. The heading for section 916.504 is revised to read as follows:

93. Section 916.505 is amended by revising it to read as follows:

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:

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

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).

98. Section 922.103-5 is amended in the last sentence by adding the word “subpart” after the word “See”.

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:

102. The heading for subpart 923.5 is revised to read as follows:

Subpart 923.5—Drug-Free Workplace

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 “—”.

104. Section 923.570-2 is amended in paragraphs (a) and (b) by removing “48 CFR” in three places.

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

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:

109. Section 923.7003 is revised to read as follows:

PART 925—FOREIGN ACQUISITION

110. Redesignate 925.102 as 925.103.

111. Revise newly designated 925.103 to read as follows:

112. Sections 925.105 and 925.108 in subpart 925.1 are 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

115. Redesignate section 925.702 as 925.701-70.

116. Revise newly designated section 925.701-70 to read as follows:

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:

120. Add a new section 928.103 to subpart 928.1 to read as follows:

121. Section 928.301 is amended by adding “part” before “950”.

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:

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:

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:

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:

PART 932—CONTRACT FINANCING

128. Add a new section 932.006 to part 932 to read as follows:

129. The heading in subpart 932.1 is revised to read as follows:

Subpart 932.1—Non-Commercial Item Purchase Financing

130. Section 932.102 is amended by revising the heading to read as follows:

131. Add a new section 932.304 to subpart 932.2 to read as follows:

132. Add a new section 932.501 to subpart 932.5 to read as follows:

133. Section 932.605(b) is amended in the first sentence by removing “DOE” and adding in its place “Department of Energy (DOE)”.

134. Section 932.7003(e) introductory text is amended by removing the “:” and adding in its place “—”.

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:

137. Section 933.103 is revised to read as follows:

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:

139. Section 933.106 is amended by removing “48 CFR” in paragraphs (a), (b), and (c).

PART 935—RESEARCH AND DEVELOPMENT CONTRACTING

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

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”.

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

144. Section 939.7001 is removed and reserved.

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

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:

149. Add a new section 942.705 to subpart 942.7 to read as follows:

150. Section 942.705-1 is amended by revising the heading to read as follows:

151. Section 942.705-3 is amended by revising the heading to read as follows:

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:

PART 947—TRANSPORTATION

Subpart 947.5—[Removed]

153. Subpart 947.5 is removed.

154. Section 947.7001 is amended by removing “DOE Order 551.1” and adding in its place “DOE Order 551.1C, or its successor”.

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

157. Section 950.7000 is amended by removing “DOE” and adding in its place “the Department of Energy (DOE)”.

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

159. Section 951.101 is amended by removing “DOE” and adding in its place “Department of Energy (DOE)”.

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

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”.

162. Section 952.203-70 introductory text is amended by removing “48 CFR”.

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:

164. Section 952.204-72 is amended by removing “Classification” and adding in its place “Classification/Declassification”.

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 “—”.

166. Section 952.204-75 introductory text is amended by removing “48 CFR”.

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”.

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).

169. Section 952.209-8 introductory text is amended by removing “48 CFR”.

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:

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)”.

172. Section 952.211-71 introductory text is amended by removing the “.” at the end of the introductory paragraph and adding in its place “:”

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:

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:

176. The section heading for 952.223 is revised to read as follows:

177. Section 952.223-71 introductory text is amended by removing “923.7002” and adding in its place “923.7003”; and removing “48 CFR”.

178. Section 952.223-72 introductory text is amended by removing “923.7002” and adding in its place “923.7003”.

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”.

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:

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:

182. Section 952.224-70 is removed.

183. Section 952.225-70 paragraph (b) is revised to read as follows:

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:

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”.

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:

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.

188. Section 952.235-70 is removed.

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”.

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 “—”.

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:

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 “—”.

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:

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:

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

197. Section 970.0100 is amended by removing in the third sentence, “48 CFR”; and removing “DEAR” in the third sentence before “Part 970”.

198. Section 970.0309-1 is amended by removing “48 CFR”.

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).

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:

202. Section 970.0404-2 is amended by adding “(DOE)” in paragraph (a) in the first sentence, after “Energy”; adding “subpart” before “904.4”, “904.70” and “904.71” in paragraph (a); and removing “48 CFR” in paragraph (c) in the first sentence.

203. Section 970.0404-3(b) is amended by removing “48 CFR” and adding in its place “subpart”.

204. Section 970.0404-4(b) is amended by removing “48 CFR” in both places.

205. Section 970.0407-1-2 is amended by removing “48 CFR”.

206. Section 970.0407-1-3 is amended by removing “48 CFR”.

207. Section 970.0470-1(d) is amended by removing “48 CFR”.

208. Section 970.0470-2 is amended by removing “DEAR” in the first sentence.

209. Redesignate 970.0801-1 as 970.0801-2.

210. Revise newly designated section 970.801-2 to read as follows:

211. Section 970.0808 is revised to read as follows:

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:

214. The heading for subpart 970.09 is revised to read as follows:

Subpart 970.09—Contractor Qualifications

215. Section 970.0905 is amended by revising the section heading; and removing “48 CFR” in the paragraph.

The revision reads as follows:

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)”.

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:

219. Section 970.1170-1 is amended by removing “NNSA” and adding in its place “the National Nuclear Security Administration (NNSA) Senior”.

220. Section 970.1170-2 is amended by removing “48 CFR”.

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).

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.

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).

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 “—”.

225. Section 970.1504-1-6 is amended by removing the “:” in paragraph (b) introductory text and adding in its place “—”.

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.

227. Section 970.1504-1-8 paragraphs (a) and (c) are amended by removing “48 CFR”.

228. Section 970.1504-1-9 is amended by removing the “:” in paragraphs (e)(1) introductory text, (e)(2) introductory text, and (e)(3) introductory text, and adding in its place “—”; and removing “48 CFR” in paragraph (h).

229. Section 970.1504-1-10 is amended by removing “48 CFR” in two places.

230. Section 970.1504-1-11 is amended by removing “48 CFR” before “970”.

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.

232. Section 970.1504-5 is amended by removing “48 CFR” in paragraphs (a) introductory text, (b)(1), (b)(2), (c), and (d).

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).

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.

235. Section 970.2200 is amended by adding “(DOE)” after “Energy”.

236. Section 970.2201-2-2 is amended by removing “48 CFR”.

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:

And

b. Removing in paragraphs (c)(1)(i), (c)(1)(ii) and (c)(1)(iii), the “;” and adding in its place a “.”.

238. Section 970.2210 is amended by removing “48 CFR” and adding “(x)” after “970.5244-1”.

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

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”.

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:

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 “—”.

247. Section 970.2305-4(a) is amended by removing “48 CFR”.

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).

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 “—”.

250. Section 970.2803-2 is amended by removing “48 CFR”.

251. Redesignate 970.2902-1 as 970.2902-3 and revise the section heading to read as follows:

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.

253. Redesignate section 970.2903-1 as 970.2903-2 and revise the section heading to read as follows:

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 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:

256. The heading for subpart 970.30 is revised to read as follows:

257. Section 970.3002-1 is amended by revising the heading to read as follows:

258. Section 970.3101-9 is amended by revising the heading to read as follows:

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:

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:

262. Section 970.3102-05-4 is amended by revising the heading and removing “48 CFR” from paragraph (d).

The revision reads as follows:

263. Section 970.3102-05-6 is amended by revising the heading to read as follows:

264. Section 970.3102-05-18 is amended by revising the heading to read as follows:

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:

267. Section 970.3102-05-28 is amended by revising the heading to read as follows:

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:

271. Section 970.3102-05-33 is amended by revising the heading to read as follows:

272. Section 970.3102-05-46 is amended by revising paragraph (a)(5) to read as follows:

273. Section 970.3102-05-47 is amended by revising the heading to read as follows:

274. Section 970.3102-05-70 is amended by removing “48 CFR”.

275. Section 970.3170 is amended by removing “48 CFR” from the introductory text.

276. Section 970.3200 is amended by removing “DOE” and adding in its place “the Department of Energy (DOE)”.

277. Section 970.3200-1-1 is amended by removing “48 CFR”.

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 “—”.

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.

280. Section 970.3400-1 is amended by removing “DOE” (first occurrence) and adding in its place “the Department of Energy (DOE)”.

281. Section 970.3500 is amended by adding “(DOE)” after “Energy”.

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”.

283. Section 970.3501-2 is amended by removing “nonsponsor” and adding in its place, “non-sponsor”.

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).

285. Section 970.3501-4 is amended by removing “48 CFR”.

286. Section 970.3605-1 is amended by removing “in” before “48 CFR” and adding in its place “at”.

287. Section 970.3605-2 is amended by removing “in 48 CFR” and adding in its place “at”.

288. Section 970.3770-1 is amended by removing the first “DOE” and adding in its place “the Department of Energy (DOE)”.

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:

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”.

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:

293. Section 970.4302-1 is amended by removing “48 CFR”.

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 “—”.

295. Section 970.4401-2 is amended by removing the “:” in paragraph (a) introductory text and adding in its place “—”.

296. Section 970.4401-3 is amended by removing the “:” in paragraph (a)(1) introductory text and adding in its place “—”.

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 “—”.

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).

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

301. Redesignate section 970.5004 as 970.5001.

302. Redesignate section 970.5004-1 as 970.5001-4.

303. Amend newly designated 970.5001-4 by adding “Alternate I,” after “85-804,”.

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”.

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 “;”.

306. Section 970.5070-3 is amended in paragraph (a), in two places, and in paragraph (b) by removing “48 CFR”.

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”.

308. Section 970.5203-2 introductory text is amended by removing “48 CFR”.

309. Section 970.5203-3 is amended by removing “48 CFR” in the introductory text.

310. Section 970.5204-1 introductory text is amended by removing “48 CFR” in three places.

311. Section 970.5204-2 introductory text is amended by removing “48 CFR”.

312. Section 970.5204-3 introductory text is amended by removing “48 CFR”.

313. Section 970.5208-1 introductory text is amended by removing “48 CFR”.

314. Section 970.5209-1 introductory text is amended by removing “48 CFR”.

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”;

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.

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:

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:

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)”.

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.

320. Section 970.5222-1 introductory text is amended by removing “48 CFR”.

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 “—”.

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:

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”.

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:

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”.

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:

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 “;”;

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:

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:

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.

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).

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:

337. Section 970.5243-1 introductory text is amended by removing “48 CFR”.

338. Section 970.5244-1 is revised to read as follows:

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:

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: