DATE: December 15, 2004

SUBJECT: Department of Energy Acquisition Regulation (DEAR); Work for Others

SOURCE: Federal Register, December 15, 2004, Vol. 69, No. 240, page 75001

AGENCIES: Department of Energy (DOE)

ACTION: Interim Final Rule (IFR)

SYNOPSIS: DOE is amending DEAR Part 970, DOE Management and Operating Contracts, to address work for non-DOE entities that is performed by DOE contractors that manage and operate DOE-owned or -leased facilities.

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.

DATES: This IFR is effective January 14, 2005. Comments on the IFR must be received by January 14, 2005.

ADDRESSES: Comments on this IFR may be submitted on the Federal eRulemaking Portal at http://www.regulations.gov; by e-mail to richard.langston@hq.doe.gov; by mail to Richard Langston, Mail Code ME-61, U.S. Department of Energy, 1000 Independence Avenue, SW, Washington, DC 20585; or by telephone: 202-287-1339.

FOR FURTHER INFORMATION CONTACT: Andrew Geary, U.S. Department of Energy, Office of Procurement and Assistance Management, ME-62, 1000 Independence Avenue, SW, Washington, DC 20585; 202-287-1507; e-mail: andrew.geary@hq.doe.gov.

SUPPLEMENTAL INFORMATION: DOE owns or sponsors major research and development and manufacturing facilities throughout the United States that are managed and operated by contractors. DOE permits these "management and operating" (M&O) contractors to perform non-DOE work for other federal agencies and non-federal entities on a fully reimbursable basis under the "Work for Others" program when such work is authorized by law and the work requires DOE's unique technologies and capabilities. DOE allows such work to be conducted by M&O contractors if: (1) DOE's laboratories and facilities do not compete directly with the domestic private sector; (2) the acceptance and performance of work complies with applicable statutes and regulations; (3) work is fully funded by the non-DOE entity requesting work to be performed; and, (4) the work to be performed is consistent with or complimentary to DOE missions and the missions of the facility where the work will be performed.

To address the Work for Others program, this IFR makes the following changes:

In addition, DOE is making a technical amendment to DEAR 909.403 Definitions, to identify the Director, Office of Acquisition and Supply Management, National Nuclear Security Administration (NNSA), or designee, as the debarment and suspension official for NNSA.

FOR FURTHER INFORMATION CONTACT: Panoptic Enterprises at 703-451-5953.

Copyright 2004 by Panoptic Enterprises. All Rights Reserved.

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