[Federal Register Volume 59, Number 248 (Wednesday, December 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-30662]


[Federal Register: December 28, 1994]


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DEPARTMENT OF DEFENSE
DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 8 and 52

[FAC 90-23; FAR Case 91-9; Item VII]
RIN 9000-AE58


Federal Acquisition Regulation; Acquisition of Helium

AGENCIES: Department of Defense (DOD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Final rule.

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SUMMARY: The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council have agreed on a final rule to amend 
the Federal Acquisition Regulation (FAR) to provide guidance on the 
acquisition of helium. The Helium Act requires that all major helium 
requirements be purchased from the Secretary of the Interior. This 
includes the procurement of helium by Federal agencies as well as by 
contractors for use in Federal contracts. This final rule will assist 
Government agencies and contractors in complying with the Helium Act by 
ensuring that contracting officers and contractors are aware of the 
requirements for using Bureau of Mines helium in Government contracts. 
This regulatory action was not subject to Office of Management and 
Budget review under Executive Order 12866, dated September 30, 1993.

EFFECTIVE DATE: February 27, 1995.

FOR FURTHER INFORMATION CONTACT: Ms. Linda Klein at (202) 501-3775 in 
reference to this FAR case. For general information, contact the FAR 
Secretariat, Room 4037, GS Building, Washington, DC 20405, (202) 501-
4755. Please cite FAC 90-23, FAR case 91-9.

SUPPLEMENTARY INFORMATION:

A. Background

    The Helium Act (50 U.S.C. 167a et seq. (Pub. L. 86-777)), and the 
Department of the Interior's implementing regulations (30 CFR Parts 601 
and 602) require Federal agencies to procure all major helium 
requirements from the Bureau of Mines, Department of the Interior. This 
requirement may be satisfied by ordering against a GSA Federal Supply 
Schedule. For requirements not covered by a Federal Supply Schedule 
contract, this requirement may be satisfied by purchasing from the 
Bureau of Mines or a Bureau helium distributor. A major helium 
requirement has been defined as a requirement for 5,000 or more 
standard cubic feet of helium in a calendar month. The only exception 
provided is for helium acquired before contract award. The guidance 
adds one new clause.

B. Regulatory Flexibility Act

    While no comments were received regarding the Initial Regulatory 
Flexibility Analysis, it is believed that the changes may have a 
significant economic impact on a substantial number of small entities 
within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601 et 
seq., because the rule will impose additional requirements on both 
Federal agencies and contractors in the procurement of helium. A Final 
Regulatory Flexibility Analysis (FRFA) has been prepared and will be 
provided to the Chief Counsel for Advocacy for the Small Business 
Administration. A copy of the FRFA may be obtained from the FAR 
Secretariat, Room 4037, GS Building, Washington, DC 20405, (202) 501-
4755. Comments are invited. Comments from small entities concerning the 
affected FAR subpart will be considered in accordance with 5 U.S.C. 
610. Such comments must be submitted separately and cite 5 U.S.C 601, 
et seq. (FAC 90-23, FAR Case 91-9), in correspondence.

C. Paperwork Reduction Act

    The Paperwork Reduction Act (Pub. L. 96-511) is deemed to apply 
because the final rule contains information collection requirements. 
Accordingly, on June 6, 1994, OMB approved this information collection 
through June 30, 1997, under OMB control number 9000-0113.

D. Public Comments

    A proposed rule was published in the Federal Register at 56 FR 
21532, May 9, 1991. Thirteen responses were received from individuals 
and organizations, five of which were considered substantive.
    The proposed rule has been revised as follows:
    (1) The requirement for the contractor to furnish a helium 
requirement forecast has been made a post-award requirement;
    (2) The provision at 52.208-8 and the clause at 52.208-9 have been 
merged, resulting in the clause at 52.208-8;
    (3) FAR 8.500 has been amended to include a reference to the U.S. 
Department of the Interior's regulations;
    (4) FAR 8.501 and 52.208-8(a) have been updated to reflect the 
current address of the Bureau of Mines;
    (5) FAR 8.502 and 52.208-8(b)(2) have been amended in order to add 
flexibility for the contracting officer when contracting for the use of 
helium overseas; and
    (6) FAR 8.502(b) has been amended for clarification.

List of Subjects in 48 CFR Parts 8 and 52

    Government procurement.

    Dated: December 7, 1994.
Albert A. Vicchiolla,
Director, Office of Federal Acquisition Policy.

    Therefore, 48 CFR parts 8 and 52 are amended as set forth below:

    1. The authority citation for 48 CFR parts 8 and 52 continues to 
read as follows:

    Authority: 40 U.S.C. 486(c); 10 U.S.C. chapter 137; and 42 
U.S.C. 2473(c).

PART 8--REQUIRED SOURCES OF SUPPLIES AND SERVICES

    2. Section 8.002 is amended by revising paragraph (g) to read as 
follows:


Sec. 8.002  Use of other Government supply sources.

* * * * *
    (g) Helium (see subpart 8.5--Acquisition of Helium).
    3. Subpart 8.5 is added to read as follows:

Subpart 8.5--Acquisition of Helium

Sec.
8.500  Scope of subpart.
8.501  Definitions.
8.502  Policy.
8.503  Exception.
8.504  Procedures.
8.505  Contract clause.

Subpart 8.5--Acquisition of Helium


8.500  Scope of subpart.

    This subpart implements the requirements of the Helium Act (50 
U.S.C. 167a, et seq.) concerning the acquisition of liquid or gaseous 
helium by Federal agencies or by Government contractors or 
subcontractors for use in the performance of a Government contract 
(also see 30 CFR Parts 601 and 602).


8.501  Definitions.

    Bureau helium distributor means a private helium distributor which 
has established and maintains eligibility to distribute helium 
purchased from the Bureau of Mines, as specified in 30 CFR part 602.
    Bureau of Mines, as used in this subpart, means the Department of 
the Interior, Bureau of Mines, Helium Field Operations, located at 801 
South Fillmore Street, Amarillo, TX 79101-3545.
    Helium requirement forecast means an estimate by the contractor or 
subcontractor of the amount of helium required for performance of the 
contract or subcontract.
    Major helium requirement means a helium requirement during a 
calendar month of 5,000 or more standard cubic feet (measured at 14.7 
pounds per square inch absolute pressure and 70 degrees Fahrenheit 
temperature), including liquid helium gaseous equivalent. In any month 
in which the major requirement threshold is met, all helium purchased 
during that month is considered part of the major helium requirement.


8.502  Policy.

    To the extent that supplies are readily available, all major helium 
requirements purchased by a Government agency or used in the 
performance of a Government contract shall be purchased from the Bureau 
of Mines. This requirement may be satisfied as follows:
    (a) By ordering against a GSA Federal Supply Schedule contract (for 
contractor use and authorization procedures, see subpart 51.1).
    (b)(1) For requirements not covered by a Federal Supply Schedule 
contract, by purchasing from--
    (i) The Bureau of Mines; or
    (ii) A Bureau helium distributor.
    (2) A copy of the ``List by Shipping Points of Private Distributors 
Eligible to Sell Helium to Federal Agencies'' may be obtained from the 
Bureau of Mines.


8.503  Exception.

    The requirements of this subpart do not apply to contracts or 
subcontracts in which the helium was acquired by the contractor prior 
to award of the contract or subcontract.


8.504  Procedures.

    (a) Upon receipt of the helium requirement forecast, point of 
contact, and telephone number from the contractor, the contracting 
officer shall forward this information, along with a copy of the 
contract, to the Bureau of Mines.
    (b) Upon notification by the Bureau of Mines of an apparent 
discrepancy between helium sales data and the contractor's helium 
requirement forecast, the contracting officer shall determine 
appropriate action and inform the Bureau of Mines.


8.505  Contract clause.

    The contracting officer shall insert the clause at 52.208-8, Helium 
Requirement Forecast and Required Sources for Helium, in solicitations 
and contracts if it is anticipated that performance of the contract 
involves a major helium requirement.

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    4. Section 52.208-8 is added to read as follows:


52.208-8  Helium requirement forecast and required sources for helium.

    As prescribed in 8.505, insert the following clause:

Helium Requirement Forecast and Required Sources for Helium (Feb 1995)

    (a) Definitions--
    Bureau helium distributor means a private helium distributor 
which has established and maintains eligibility to distribute helium 
purchased from the Bureau of Mines, as specified in 30 CFR part 602.
    Bureau of Mines, as used in this clause, means the Department of 
the Interior, Bureau of Mines, Helium Field Operations, located at 
801 South Fillmore Street, Amarillo, TX 79101-3545.
    Helium requirement forecast means an estimate by the Contractor 
or subcontractor of the amount of helium required for performance of 
the contract or subcontract.
    Major helium requirement means a helium requirement during a 
calendar month of 5,000 or more standard cubic feet (measured at 
14.7 pounds per square inch absolute pressure and 70 degrees 
Fahrenheit temperature), including liquid helium gaseous equivalent. 
In any month in which the major requirement threshold is met, all 
helium purchased during that month is considered part of the major 
helium requirement.
    (b) Requirements--(1) Helium Requirement Forecast. The 
Contractor shall provide to the Contracting Officer a helium 
requirement forecast, point of contact, and telephone number within 
ten days of award.
    (2) Sources of Helium. Except for helium acquired by the 
Contractor before the award of this contract, and to the extent that 
supplies are readily available, the Contractor shall purchase all 
major requirements of helium from--
    (i) The Department of the Interior's Bureau of Mines;
    (ii) A Bureau helium distributor (a copy of the ``List by 
Shipping Points of Private Distributors Eligible to Sell Helium to 
Federal Agencies,'' may be obtained from the Bureau of Mines); or
    (iii) A General Services Administration Federal Supply Schedule 
contract, if use is authorized by the Contracting Officer (see FAR 
Subpart 51.1);
    (3) Promptly upon award of any subcontract or order that 
involves a major helium requirement, the Contractor shall provide to 
the Bureau of Mines, and to the Contracting Officer, written 
notification that includes--
    (i) The prime contract number;
    (ii) The name, address and telephone number of the 
subcontractor, including a point of contact; and
    (iii) A copy of the subcontractor's helium requirement forecast.
    (c) Subcontracts--(1) The Contractor shall insert this clause, 
including this paragraph (c), in any subcontract or order that 
involves furnishing of a major helium requirement.
    (2) When a subcontract involves a major helium requirement, the 
following statement shall be included: Helium furnished under this 
contract or order shall be helium that has been purchased from the 
Bureau of Mines, or a listed Bureau helium distributor.
(End of clause)
[FR Doc. 94-30662 Filed 12-27-94; 8:45 am]
BILLING CODE 6820-34-P