[Federal Register Volume 59, Number 28 (Thursday, February 10, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-3095]


[[Page Unknown]]

[Federal Register: February 10, 1994]


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DEPARTMENT OF ENERGY

48 CFR Parts 904, 925, 952, and 970

RIN 1991-AB06

 

Acquisition Regulation; Restrictions on Awards to Foreign 
Controlled Contractors

AGENCY: Department of Energy (DOE).

ACTION: Final rule.

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SUMMARY: The Department today publishes this notice to provide its 
disposition of public comments received in response to its invitation 
to comment on an interim final rule published in the Federal Register 
on November 10, 1993. The purpose of the interim final rule was to 
amend the Department of Energy Acquisition Regulation (DEAR) to 
implement section 836 of the Fiscal Year 1993, Defense Authorization 
Act. That section prohibits award of a contract under a national 
security program to a company owned by an entity controlled by a 
foreign government if that company requires access to a proscribed 
category of information to perform the contract. The interim final rule 
provided that it would automatically become effective on January 10, 
1994.

FOR FURTHER INFORMATION CONTACT:
Richard B. Langston, Office of Procurement and Assistance Management 
(HR-521.1), Department of Energy, 1000 Independence Avenue, SW., 
Washington, DC 20585, (202) 586-8247.

SUPPLEMENTARY INFORMATION: DOE published an interim final rule in the 
Federal Register (58 FR 59682) on November 10, 1993, that amended the 
DEAR to implement section 836 of the Fiscal Year 1993, Defense 
Authorization Act. That section prohibits award of a contract under a 
national security program to a company owned by an entity controlled by 
a foreign government if that company requires access to a proscribed 
category of information to perform the contract.
    The interim final rule amended the DEAR by adding a new subpart 
904.71 to describe a prohibition on contracting with any company owned 
by an entity controlled by a foreign government if the company will 
require access to proscribed information to perform the contract. This 
subpart contained definitions and described grounds under which the 
prohibition may be waived by the Secretary of Energy. A new subpart 
925.7 was added to provide notice of this prohibition. Part 952 was 
amended to provide a solicitation provision to be used in solicitations 
that require access to proscribed information by the contractor. Part 
970 was also amended to apply these changes to management and operating 
contracts if they require access to proscribed information.
    Since no public comments were received, DOE has determined not to 
amend the interim final rule and it became effective on January 10, 
1994.

List of Subjects in 48 CFR Parts 904, 925, 952, and 970

    Government procurement.


    Issued in Washington, DC, on February 4, 1994.
G.L. Allen,
Acting Deputy Assistant Secretary for Procurement and Assistance 
Management.
[FR Doc. 94-3095 Filed 2-9-94; 8:45 am]
BILLING CODE 6450-01-M