[Federal Register Volume 59, Number 131 (Monday, July 11, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-16701]


[[Page Unknown]]

[Federal Register: July 11, 1994]


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DEPARTMENT OF ENERGY

48 CFR Parts 926, 952, and 970

[Regulatory Information Number: 1991-AB11]

 

Acquisition Regulation: Implementation of Section 3021 of the 
Energy Policy Act of 1992

AGENCY: Department of Energy (DOE).

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Department of Energy proposes to amend the Department of 
Energy Acquisition Regulation (DEAR) to establish DOE policies and 
procedures for establishing a program to achieve a ten percent goal for 
awards of prime contracts and subcontracts for specific types of 
universities and of small disadvantaged concerns, including women-owned 
businesses, in the implementation of section 3021 of the Energy Policy 
Act of 1992.

DATES: Written comments on this proposed rule must be received by 
September 9, 1994.

ADDRESSES: Comments should be addressed to: Robert M. Webb, Office of 
Policy (HR-521), Office of Procurement and Assistance Management, U.S. 
Department of Energy, 1000 Independence Avenue, SW., Washington, D.C. 
20585.

FOR FURTHER INFORMATION CONTACT: Robert M. Webb, Office of Policy (HR-
521), Office of Procurement and Assistance Management, U.S. Department 
of Energy, Washington, D.C. 20585, (202) 586-8264.

SUPPLEMENTARY INFORMATION:

I. Background
    A. Discussion
    B. Section-by-Section Analysis
II. Procedural Requirements
    A. Regulatory Review
    B. Review Under Executive Order 12778
    C. Review Under the Regulatory Flexibility Act
    D. Review Under the Paperwork Reduction Act
    E. Review Under Executive Order 12612
    F. National Environmental Policy Act
III. Public Comment
    A. Public Hearing
    B. Public Comments

I. Background

A. Discussion

    Section 3021(a) of Energy Policy Act of 1992 (Pub. L. 102-486) 
requires that DOE, to the extent practicable, provide that the 
obligation of not less than 10 percent of the total combined amounts 
obligated for contracts and subcontracts pursuant to competitive 
procedures be expended with small business concerns owned and 
controlled by socially and economically disadvantaged individuals or by 
women, historically Black colleges and universities, or colleges and 
universities having a student body in which more than 20 percent of the 
students are Hispanic Americans or Native Americans.
    DOE today proposes to amend the DEAR to establish DOE policies and 
procedures for implementing section 3021 of the Energy Policy Act. The 
proposed amendments would add a new Part 926, Other Socioeconomic 
Programs, as the primary regulatory coverage concerning section 3021 
requirements. Part 952 would also be amended to add solicitation 
provisions and contract clauses needed to effect section 3021 
requirements in procurement actions. Finally, Part 970 would be amended 
to address the application of section 3021 to DOE management and 
operating (M&O) contracts. The specific amendments to the DEAR needed 
to implement the requirements of section 3021 of the Energy Policy Act 
are described below. This rulemaking provides changes to the DEAR that 
will supersede an earlier internal DOE directive that provided guidance 
to DOE employees on the implementation of section 3021.
    The policies implementing the legislation are tailored to achieve 
the intent of Congress in enacting section 3021, but they go beyond 
previous contracting and subcontracting mechanisms which have been used 
to meet participation goals for small disadvantaged business DOE 
contracts and subcontracts. DOE interprets section 3021 of EPACT as 
requiring the accomplishment of expanded contracting and subcontracting 
goals and as providing DOE with the discretion to find appropriate 
methods to do this.
    DOE believes that its approach to implementing the requirements of 
section 3021 is consistent with both the intent of the Congress in 
passing the legislation and the long-standing policies of the 
Government to place a fair proportion of contracts with small 
businesses and small disadvantaged business and to offer maximum 
practicable opportunity to those organizations to participate as 
subcontractors.

B. Section-by-Section Analysis

    The regulations at 48 CFR Part 9 are proposed to be amended to add 
a new part 926, Other Socioeconomic Programs, consisting of Subpart 
926.70, Implementation of Section 3021 of the Energy Policy Act of 
1992.
    A section 926.7001 is proposed to state DOE policy, as set forth in 
section 3021 of the Energy Policy Act, concerning the award of 
contracts and subcontracts to organizations meeting the three target 
group designations. In addition, this section would establish the 
primary mechanisms that DOE would use in meeting its Energy Policy Act 
10 percent goal through the competitive procurement process, as 
follows:
    1. Competitive Energy Policy Act requirements set aside for small 
disadvantaged businesses, including women-owned businesses, under the 
Section 8(a) program; and
    2. Competitive awards that provide an evaluation preference to 
offerors from among one of the three Energy Policy Act target groups.
    A section 926.7002 is proposed to establish that the requesting 
organization has the principal obligation to identify which 
procurements are subject to the Energy Policy Act. In that 
determination, a program office would use as its standard whether the 
instant requirement directly satisfies an Energy Policy Act program or 
requirement.
    A section 926.7003 is proposed to direct the use of DOE Small 
Business/Labor Surplus Area Set-Aside and 8(a) Program Review 
Procedures as a mechanism to ensure that full consideration be given to 
identifying entities from among the Energy Policy Act target groups.
    A section 926.7004 is proposed to recognize the statutory change 
(as set forth in section 3021(b) of the Energy Policy Act) to the size 
standard for engineering services under Energy Policy Act procurements.
    A section 926.7005 is proposed to create an evaluation preference 
to be used in competitive procurements for Energy Policy Act 
requirements, where such procurements have not been conducted under 
Section 8(a) competitive procedures. The evaluation preference would 
take the form of an evaluation criterion providing that award shall be 
made to an entity from among the Energy Policy Act target groups where 
such entity is among those under consideration for final selection and 
is ranked as essentially equal to the best other proposal.
    Also, at section 926.7005 it is proposed to provide consideration 
of the proposer's subcontracting opportunities to entities from among 
the Energy Policy Act target groups as part of the business management 
proposal evaluation and, in Energy Policy Act requirements valued at 
more than $500,000, as part of the evaluation of the Small Business and 
Small Business Subcontracting Plan.
    A section 926.7006 is proposed to provide guidance on reporting 
requirements needed to measure DOE performance in meeting the 10 
percent Energy Policy Act goal. In addition, this section identifies 
the types of contract awards that will be counted toward the DOE goal.
    Instructions pertaining to the use of solicitation provisions and 
contract clauses relating to DOE section 3021 implementation are 
proposed to be contained in section 926.7007. The text of the 
solicitation provisions and contract clauses relating to DOE 
implementation of section 3021 are provided in Subpart 952.2.
    A solicitation provision is proposed at 952.226-70, entitled 
Subcontracting goals under section 3021(a) of the Energy Policy Act of 
1992 (Pub. L. 102-486), to set out the subcontracting evaluation 
preference. Most importantly, the provision requires offerors, that are 
not one of the three section 3021 target groups, to propose individual 
subcontracting goals for each of the three target groups. In addition, 
the provision explains how the evaluation preference will be applied.
    A contract clause at 952.226-72 is proposed to be added to 
facilitate implementation of the subcontracting program goals and 
reporting requirements.
    A clause is proposed to be added at section 952.226-73, entitled 
Energy Policy Act Target Group Certification, establishing the 
certification to be used by entities from among the Energy Policy Act 
target groups to clearly establish their qualification.
    Use of the clause at FAR 52.219-14 in all awards to entities from 
among the Energy Policy Act target groups would place a contractual 
limitation on the amount of subcontracting that can be used by a 
minority college or university or a woman-owned business in performance 
of a contract for an Energy Policy Act requirement. The limitation, 
which restricts subcontracted effort to less than 50 percent of the 
cost incurred for personnel, mirrors a similar provision now applied to 
small disadvantaged business under the Federal acquisition system.
    Subpart 970.26 provides guidance on the application of section 3021 
to M&O contracts which may be used to accomplish DOE responsibilities 
under the Energy Policy Act.

III. Procedural Requirements

A. Review Under Executive Order 12866

    The Department of Energy has determined that today's regulatory 
action is not a ``significant regulatory action'' under Executive Order 
12866, ``Regulatory Planning and Review,'' (58 FR 51735, October 4, 
1993). Accordingly, this action was not subject to review under that 
Executive Order by the Office of Information and Regulatory Affairs of 
the Office of Management and Budget (OMB).

B. Review Under Executive Order 12778

    Section 2 of Executive Order 12778 instructs each agency to adhere 
to certain requirements in promulgating new regulations and reviewing 
existing regulations. These requirements, set forth in sections 2(a) 
and (b)(2), include eliminating drafting errors and needless ambiguity, 
drafting the regulations to minimize litigation, providing clear and 
certain legal standards for affected conduct, and promoting 
simplification and burden reduction. Agencies are also instructed to 
make every reasonable effort to ensure that the regulation: specifies 
clearly any preemptive effect, effect on existing Federal law or 
regulation, and retroactive effect; describes any administrative 
proceedings to be available prior to judicial review and any provisions 
for the exhaustion of such administrative proceedings; and defines key 
terms. This proposed rule would, when adopted as a final rule, have no 
preemptive effect; will not have any effect on existing Federal laws; 
and would only clarify the existing regulations on this subject. The 
revised clauses would apply only to contracts which would be awarded 
after the effective date of the final rule, and, thus, would have no 
retroactive effect. Therefore, DOE certifies that this proposed rule 
meets the requirements of sections 2(a) and (b) of Executive Order 
12778.

C. Review Under the Regulatory Flexibility Act

    This proposed rule was reviewed under the Regulatory Flexibility 
Act of 1980, Pub. L. 96-354, which requires preparation of a regulatory 
flexibility analysis for any rule which is likely to have significant 
economic impact on a substantial number of small entities. DOE 
certifies that this rule will not have a significant economic impact on 
a substantial number of small entities and, therefore, no regulatory 
flexibility analysis has been prepared.

D. Review Under the Paperwork Reduction Act

    This rule will require only an insignificant addition to the data 
collection required for the Standard Forms 294 and 295. Accordingly, no 
OMB clearance is required by the Paperwork Reduction Act of 1980 (44 
U.S.C. 3501, et seq.).

E. Review Under Executive Order 12612

    Executive Order 12612, 52 FR 41685 (October 30, 1987), requires 
that regulations, rules, legislation, and any other policy actions be 
reviewed for any substantial direct effects on States, on the 
relationship between the national government and the States, and in the 
distribution of power and responsibilities among various levels of 
government. If there are sufficient substantial direct effects, then 
the Executive Order requires preparation of a federalism assessment to 
be used in all decisions involved in promulgating and implementing a 
policy action.
    Today's proposed rule, when finalized, will revise certain policy 
and procedural requirements. However, DOE has determined that none of 
the revisions will have a substantial direct effect on the 
institutional interests or traditional functions of States.

F. Review Under the National Environmental Policy Act

    DOE has concluded that this rule falls into a class of actions 
(categorical exclusion A5) that are categorically excluded from NEPA 
review because they would not individually or cumulatively have 
significant impact on the human environment, as determined by the 
Department's regulations (10 CFR Part 1021, Subpart D) implementing the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321, 4331-4335, 
4341-4347 (1976)). Therefore, this rule does not require an 
environmental impact statement or an environmental assessment pursuant 
to NEPA.

IV. Public Comment

A. Public Hearing

    The Department has concluded that this proposed rule does not 
involve a substantial issue of fact or law and that the rule should not 
have a substantial impact on the nation's economy or large numbers of 
individuals or businesses. Therefore, pursuant to Pub. L. 95-91, the 
DOE Organization Act, and the Administrative Procedures Act (5 U.S.C. 
553), the Department does not plan to hold a public hearing on this 
proposed rule.

B. Public Comments

    Interested persons are invited to participate by submitting data, 
views or arguments with respect to the proposed DEAR amendments set 
forth in this notice. Three copies of written comments should be 
submitted to the address indicated in the ``ADDRESS'' section of this 
notice. All comments received will be available for public inspection 
in the DOE Reading Room, 1E-190, Forrestal Building, 1000 Independence 
Avenue, SW., Washington, D.C. 20585, between the hours of 9:00 a.m. and 
4:00 p.m., Monday through Friday, except Federal holidays.
    All written comments received within the comment period will be 
carefully considered prior to publication of this proposed amendment as 
a final rule. Any person submitting information which that person 
believes to be confidential and which may be exempt from public 
disclosure should submit one complete copy, as well as an additional 
copy from which the information claimed to be confidential has been 
deleted. DOE reserves the right to determine the confidential status of 
the information or data and to treat it according to its determination. 
The generally applicable procedures of DOE for handling information 
that has been submitted in a document and may be exempt from public 
disclosure, are set forth in 10 CFR 1004.11.

List of Subjects in 48 CFR Parts 926, 952, and 970

    Government procurement.

    Issued in Washington, DC, on June 6, 1994.
Richard H. Hopf,
Deputy Assistant Secretary for Procurement and Assistance Management.

    For the reasons set forth in the Preamble, 48 CFR Chapter 9 is 
proposed to be amended as set forth below:
    1. A new Part 926, Other Socioeconomic Programs, consisting of 
Subpart 926.70, Implementation of Section 3021 of the Energy Policy Act 
of 1992, is added to read as set forth below:

PART 926--OTHER SOCIOECONOMIC PROGRAMS

Subpart 926.70--Implementation of Section 3021 of the Energy Policy 
Act of 1992

Sec.
926.7001  Policy.
926.7002  Responsibilities.
926.7003  Review of the procurement request.
926.7004  Size standard for Energy Policy Act procurements.
926.7005  Preferences under the Energy Policy Act.
926.7006  Goal measurement and reporting requirements.
926.7007  Solicitation provisions and contract clauses.

    Authority: 42 U.S.C. 7254; 40 U.S.C. 486(c).

Subpart 926.70--Implementation of Section 3021 of the Energy Policy 
Act of 1992


926.7001  Policy.

    (a) Pursuant to section 3021(a) of the Energy Policy Act of 1992 
(Pub. L. 102-486), the Department of Energy (DOE) shall, to the extent 
practicable, provide that not less than 10 percent of the total 
combined amounts obligated for contracts and subcontracts pursuant to 
competitive procedures be expended with--
    (1) small business concerns controlled by socially and economically 
disadvantaged individuals or by women;
    (2) historically Black colleges and universities; or,
    (3) colleges and universities having a student body in which more 
than 20 percent of the students are Hispanic Americans or Native 
Americans.
    (b) These three groups are collectively referred to in this section 
as ``Energy Policy Act target groups.''
    (c) DOE shall vigorously pursue the objectives of section 3021 of 
the Energy Policy Act in the award of contracts and subcontracts to the 
Energy Policy Act target groups.
    (d) The DOE implementation of the requirements of section 3021 with 
regard to the award of Energy Policy Act procurements consists of the 
following, ranked in descending order of preference:
    (1) Competitive awards to small disadvantaged businesses, including 
women-owned businesses, for Energy Policy Act requirements under the 
Small Business Administration's section 8(a) program;
    (2) Competitive awards that provide an evaluation preference, in 
accordance with 926.7006, to offerors from the Energy Policy Act target 
groups.
    (e) The DOE implementation of section 3021 requirements with regard 
to the award of subcontracts under Energy Policy Act procurements is 
discussed at 926.7006.
    (f) Competitive procedures, for purposes of Energy Policy Act 
implementation, are competitive procedures in accordance with FAR 15.6 
and DEAR 915.6.


926.7002  Responsibilities.

    Offices initiating procurement requests have primary responsibility 
to identify potential contract requirements falling within the scope of 
section 3021 of the Energy Policy Act. Identification shall occur at 
the earliest possible point in time in the acquisition cycle, but not 
later than the submission of the procurement request to the contracting 
officer. For purposes of section 3021, a contract requirement is any 
award that directly satisfies an Energy Policy Act program or 
requirement.


926.7003  Review of the procurement request.

    Any Energy Policy Act procurement, including basic research 
contracts with educational institutions, shall be reviewed in 
accordance with the Small Business/Labor Surplus Area Set-Aside and 
8(a) Program Review Procedures in order to ensure that full 
consideration is given to the potential for making Energy Policy Act 
awards.


926.7004  Size standard for Energy Policy Act procurements.

    The size standard for Energy Policy Act engineering services 
procurements (SIC 8711) shall be the size standard specified for 
military and aerospace equipment and military weapons.


926.7005  Preferences under the Energy Policy Act.

    (a) Prime contracts. Solicitations for all competitive Energy 
Policy Act procurements not for 8(a) firms and in excess of the small 
purchase threshold shall provide for an evaluation preference for 
offers received from entities from among the Energy Policy Act target 
groups. The evaluation criteria shall provide that in instances in 
which two or more proposals being considered for final selection are 
ranked as essentially equal, after consideration of all technical and 
cost evaluation factors, and one of these proposals is from an offeror 
from among an Energy Policy Act target group, that offeror will be 
selected for award.
    (b) Subcontracts. (1) The contracting officer shall assure that all 
competitive Energy Policy Act solicitations over the small purchase 
threshold contain:
    (i) A solicitation provision providing for consideration, as part 
of the evaluation of the business management proposal, of the extent to 
which the offerors have provided for subcontracting opportunities to 
entities from among the Energy Policy Act target groups; and
    (ii) A clause providing for the maximum utilization of entities 
from among Energy Policy Act target groups in the performance of Energy 
Policy Act contracts.
    (2) The contracting officer shall assure that all competitive 
Energy Policy Act procurements expected to exceed $500,000 ($1,000,000 
for construction) include:
    (i) A solicitation provision providing for consideration of the 
extent to which the offeror has provided for subcontracting 
opportunities to entities from among the Energy Policy Act target 
groups before award as part of the effort, and
    (ii) A clause for reporting after award as part of the Small 
Business and Small Disadvantaged Business Subcontracting Plan process.


926.7006  Goal measurement and reporting requirements.

    (a) General. The following types of contract awards for Energy 
Policy Act procurements shall be counted toward achievement by DOE of 
the 10 percent goal:
    (1) Any competitive section 8(a) award;
    (2) Any competitive award to one of the three target groups under 
an unrestricted procurement;
    (3) Any award to one of the three target groups conducted under 
small purchase procedures; and,
    (4) Any competitively awarded subcontract to one of the three 
target groups under a prime award.
    (b) Prime contract awards. Award values and dollars obligated under 
prime contracts and modifications to prime contracts for Energy Policy 
Act requirements shall be reported through the Department of Energy 
Procurement and Assistance Data System.
    (c) Subcontract awards. The contractor shall be required to report, 
on an annual Federal Government fiscal year basis, its progress against 
the section 3021 goals by providing the actual dollar value of 
subcontract payments, and the relationship of those payments to the 
incurred contract cost. If the contract includes reporting requirements 
under FAR 52.219-9, Small Business and Small Disadvantaged Business 
Subcontracting Plan, the contractor's progress against the section 3021 
goals shall be included as an addendum to Standard Form (SF) 294, 
Subcontracting Report for Individual Contracts, and/or SF 295, Summary 
Subcontract Report, as applicable, for the period that corresponds to 
the end of the Federal Government fiscal year.


926.7007  Solicitation provisions and contract clauses.

    (a) The Contracting Officer shall insert the provision at 952.226-
70, Subcontracting Goals under Section 3021(a) of the Energy Policy Act 
of 1992 (Pub. L. 102-486) (Energy Policy Act), in solicitations for 
Energy Policy Act procurements.
    (b) The Contracting Officer shall insert the clause at 952.226-71, 
Utilization of Energy Policy Act Target Entities, in contracts for 
EPACT requirements with an award value in excess of $25,000 but not in 
excess of $500,000 ($1,000,000 in the case of construction).
    (c) The Contracting Officer shall insert the clause at 952.226-72, 
Energy Policy Act Subcontracting Goals and Reporting Requirements, in 
contracts for Energy Policy Act requirements with an award value in 
excess of $500,000 ($1,000,000 in the case of construction.
    (d) The Contracting Officer shall insert the provision at 952.226-
73, Energy Policy Act Target Group Certification, in solicitations for 
Energy Policy Act procurements.
    (e) The Contracting Officer shall insert the clause at FAR 52.219-
14, Limitation on Subcontracting, in contracts for Energy Policy Act 
requirements with an entity from among the Energy Policy Act target 
groups.

PART 952--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    2. The authority citation for Part 952 continues to read as 
follows:

    Authority: 42 U.S.C. 7254; 40 U.S.C. 486(c).

    3. Subpart 952.2 is amended by adding sections 952.226-70, 952.226-
71, 952.226-72, and 952.226-73 to read as follows:

Subpart 952.2--Text of Provisions and Clauses

 * * * * *
Sec.
952.226-70  Subcontracting goals under section 3021(a) of the Energy 
Policy Act of 1992.
952.226-71  Utilization of Energy Policy Act target entities.
952.226-72  Energy Policy Act subcontracting goals and reporting 
requirements.
952.226-73  Energy Policy Act target group certification.
 * * * * *


952.226-70  Subcontracting goals under section 3021(a) of the Energy 
Policy Act of 1992.

    As prescribed in 926.7007(a), insert the following provision:

Subcontracting Goals Under Section 3021(a) of the Energy Policy Act of 
1992 (Pub. L. 102-486) (XXX 199X)

    (a) Definition.--Energy Policy Act target groups, as used in 
this provision means:
    (1) An institution of higher education that meets the criteria 
of 34 CFR 602.2(a), and has a student enrollment that consists of at 
least 20 percent:
    (i) Mexican American, Puerto Rican, Cuban, or other Hispanic 
students, or any combination thereof, or
    (ii) American Indian, Eskimos, Aleuts, native Hawaiians, or any 
combination thereof.
    (2) Institutions of higher learning determined by the Secretary 
of Education to be Historically Black Colleges and Universities 
pursuant to 34 CFR 608.2.
    (3) Small business concerns, as defined under section 3 of the 
Small Business Act (15 U.S.C. 632), that are owned and controlled by 
individuals who are both socially and economically disadvantaged 
within the meaning of section 8(d) of the Small Business Act (15 
U.S.C. 637(d)) or by a woman or women.
    (b) Section 3021 of the Energy Policy Act (Pub. L. 102-486) 
establishes a goal of award of 10 percent of the contract dollar 
value for prime and subcontract Energy Policy Act awards to Energy 
Policy Act target groups.
    (c) The offeror, if other than one of the three groups specified 
in paragraph (a) of this clause, shall submit, as part of its 
business management proposal or, if this solicitation requires the 
submission of a Small Business and Small Disadvantaged Business 
Subcontracting Plan, then as part of that plan, unless otherwise 
stated in the proposal preparation instructions, individual 
subcontracting goals for each of the three Energy Policy Act target 
groups. Individual goals shall be expressed in terms of a percentage 
of the offeror's proposed contract dollar value. In addition, the 
offeror shall provide a description of the nature of the effort to 
be performed by each of the three groups, and if possible, the 
identity of the contemplated subcontractor(s).
    (d) Unless otherwise stated, such goals shall be considered in 
the evaluation of the Business Management Proposal as discussed in 
Section M of this solicitation or, if applicable, as part of the 
evaluation of the Small Business and Small Disadvantaged Business 
Subcontracting Plan.

          (End of provision)


952.226-71  Utilization of Energy Policy Act target entities.

    As prescribed in 926.7007(b), insert the following clause:

Utilization of Energy Policy Act Target Entities (XXX 199X)

    (a) Definition.--Energy Policy Act target groups, as used in 
this provision means:
    (1) An institution of higher education that meets the 
requirements of 34 CFR 602.2(a), and has a student enrollment that 
consists of at least 20 percent:
    (i) Mexican American, Puerto Rican, Cuban, or other Hispanic 
students, or any combination thereof, or populations for Hispanic 
Americans, or
    (ii) American Indian, Eskimos, Aleuts, native Hawaiians, or any 
combination thereof.
    (2) Institutions of higher learning determined to be 
Historically Black Colleges and Universities by the Secretary of 
Education pursuant to 34 CFR 608.2.
    (3) Small business concerns, as defined under section 3 of the 
Small Business Act (15 U.S.C. 632), that are owned and controlled by 
individuals who are both socially and economically disadvantaged 
within the meaning of section 8(d) of the Small Business Act (15 
U.S.C. 637(d)) or by a woman or women.
    (b) Obligation. In addition to its obligations under the clause 
of this contract entitled Utilization of Small Business Concerns and 
Small Disadvantaged Business Concerns, the contractor, in 
performance of this contract, agrees to provide its best efforts to 
competitively award subcontracts entities from among the Energy 
Policy Act target groups.

          (End of clause)


952.226-72  Energy Policy Act subcontracting goals and reporting 
requirements.

    As prescribed in 926.7007(c), insert the following clause:

Energy Policy Act Subcontracting Goals and Reporting Requirements (XXX 
199X)

    (a) Definition.--Energy Policy Act target groups, as used in 
this provision means:
    (1) An institution of higher education that meets the 
requirements of 34 CFR 602.2(a), and has a student enrollment that 
consists of at least 20 percent:
    (i) Mexican American, Puerto Rican, Cuban, or other Hispanic 
students, or any combination thereof, or populations for Hispanic 
Americans, or
    (ii) American Indian, Eskimos, Aleuts, native Hawaiians, or any 
combination thereof.
    (2) Institutions of higher learning determined to be 
Historically Black Colleges and Universities by the Secretary of 
Education pursuant to 34 CFR 608.2.
    (3) Small business concerns, as defined under section 3 of the 
Small Business Act (15 U.S.C. 632), that are owned and controlled by 
individuals who are both socially and economically disadvantaged 
within the meaning of section 8(d) of the Small Business Act (15 
U.S.C. 637(d)) or by a woman or women.
    (b) Goals. The contractor, in performance of this contract, 
agrees to provide its best efforts to award subcontracts to the 
following classes of entities:
    (1) Small business concerns controlled by socially and 
economically disadvantaged individuals or women: * * * percent;
    (2) Historically Black colleges and universities: * * * percent;
    (3) Colleges or universities having a student body in which more 
than 20 percent of the students are Hispanic Americans or Native 
Americans: * * * percent.

[* * * These goals will appear elsewhere in this contract.]

    (c) Reporting requirements. (1) The contractor agrees to report, 
on an annual Federal Government fiscal year basis, its progress 
against the goals by providing the actual annual dollar value of 
subcontract payments for the preceding 12 month period, and the 
relationship of those payments to the incurred contract costs for 
the same period. Reports submitted pursuant to this clause must be 
received by the Contracting Officer (or designee) not later than 45 
days after the end of the reporting period.
    (2) If the contract includes reporting requirements under FAR 
52.219-9, Small Business and Small Disadvantaged Business 
Subcontracting Plan, the contractor's progress against the goals 
stated in paragraph (b) of this clause shall be included as an 
addendum to Standard Form (SF) 294, Subcontracting Report for 
Individual Contracts, and/or SF 295, Summary Subcontract Report, as 
applicable, for the period that corresponds to the end of the 
Federal Government fiscal year.

          (End of clause)


952.226-73  Energy Policy Act target group certification.

    As prescribed in 926.7007(e), insert the following provision:

Energy Policy Act Target Group Certification (XXX 199X)

    (a) Certification. The offeror certifies that it is:
    (1) ______ An institution of higher education that meets the 
requirements of 34 CFR 602.2(a), and has a student enrollment that 
consists of at least 20 percent:
    (i) Mexican American, Puerto Rican, Cuban, or other Hispanic 
students, or any combination thereof, or populations for Hispanic 
Americans, or
    (ii) American Indian, Eskimos, Aleuts, native Hawaiians, or any 
combination thereof; or
    (2) ______ An institution of higher learning determined to be a 
Historically Black College and University by the Secretary of 
Education pursuant to 34 CFR 608.2; or
    (3) ______ A small business concern, as defined under section 3 
of the Small Business Act (15 U.S.C. 632), that is owned and 
controlled by individuals who are both socially and economically 
disadvantaged within the meaning of section 8(d) of the Small 
Business Act (15 U.S.C. 637 (d)) or by a woman or women.
    (b) By submission of an offer, the offeror agrees to provide to 
the Contracting Officer, upon request, evidence satisfactory to the 
Contracting Officer that the offeror is an entity from the Energy 
Policy Act target group identified.

          (End of provision)

PART 970--DOE MANAGEMENT AND OPERATING CONTRACTS [AMENDED]

    4. The authority citation for Part 970 continues to read as 
follows:

    Authority: Sec. 161 of the Atomic Energy Act of 1954 (42 U.S.C. 
2201), sec. 644 of the Department of Energy Organization Act, Public 
Law 95-91 (42 U.S.C. 7254), sec. 201 of the Federal Civilian 
Employee and Contractor Travel Expenses Act of 1985 (41 U.S.C. 420), 
and sec. 1534 of the Department of Defense Authorization Act, 1986, 
Public Law 99-145 (42 U.S.C. 7256a), as amended.

    5. Part 970 is amended to add a new subpart 970.26, Other 
Socioeconomic Programs, consisting of section 970.2601, Implementation 
of Section 3021 of the Energy Policy Act of 1992, to read as follows:

Subpart 970.26--Other Socioeconomic Programs


970.2601  Implementation of section 3021 of the Energy Policy Act of 
1992.

    The goal requirements of section 3021 of the Energy Policy Act of 
1992, and the attendant reporting requirements, shall be included in 
the subcontracting plan for the management and operating contract and 
shall apply to the annual dollar obligations specifically provided to 
the M&O contractor for competitively awarded subcontracts that fulfill 
Energy Policy Act requirements. See 970.7104-12(f).

Subpart 970.71--Management and Operating Contractor Purchasing

    6. Section 970.7104-12 is amended by redesignating paragraph (f) as 
(g) and adding a new paragraph (f) as follows:


970.7104-12  Small business and small disadvantaged business concerns.

* * * * *
    (f) Management and operating contractors may provide in their 
purchasing systems and methods for the application of preferences to 
Energy Policy Act target groups, taking into consideration the 
provisions of 926.70, Implementation of Section 3021 of the Energy 
Policy Act of 1992.
* * * * *
[FR Doc. 94-16701 Filed 7-8-94; 8:45 am]
BILLING CODE 6450-01-P