[Federal Register Volume 70, Number 226 (Friday, November 25, 2005)]
[Rules and Regulations]
[Pages 71038-71039]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-23286]



48 CFR Parts 909 and 970

RIN 1991-AB64

Acquisition Regulation: Work for Others

AGENCY: Department of Energy (DOE).

ACTION: Final rule.


SUMMARY: The Department of Energy (DOE) is adopting as final without 
change an Interim Final Rule amending the Department of Energy 
Acquisition Regulation (DEAR) to provide policy and procedures 
regarding work for non-DOE entities performed by DOE contractors who 
manage and operate DOE-owned or DOE-leased facilities and to make an 
administrative change concerning debarment and suspension officials.

[[Page 71039]]

EFFECTIVE DATE: The interim final rule published December 15, 2004 (69 
FR 75001) was effective January 14, 2005.

FOR FURTHER INFORMATION CONTACT: Andrew Geary, Office of Procurement 
and Assistance Management (MA-62), 202-287-1507; 
[email protected]

SUPPLEMENTARY INFORMATION: DOE is adopting as final the Interim Final 
Rule published on December 15, 2004, at 69 FR 75001 amending the DEAR 
at Part 909 to state separate debarring and suspending officials for 
the National Nuclear Security Administration (NNSA) and DOE and adding 
policy and procedures to Part 970 including a standard contract clause 
for the performance of work for others by DOE management and operating 


    DOE, including NNSA, owns or sponsors major scientific research and 
development, and manufacturing facilities throughout the United States 
that are managed and operated by contractors. DOE permits these 
contractors to perform non-DOE work for other Federal agencies and non-
Federal entities on a fully reimbursable basis when such work is 
authorized by law and the work requires DOE's unique technologies and 
    Performance of this work is conducted under DOE's Work for Others 
Program. The Work for Others Program makes available for use special or 
unique services or facilities that are otherwise unavailable in the 
private sector. The Work for Others Program requires that funding for 
Work for Others projects be provided by a non-DOE sponsor. Performance 
of this work has allowed DOE and its management and operating 
contractors to assist other Federal agencies in accomplishing their 
missions and has provided assistance to non-Federal entities to solve 
complex and challenging technological issues.
    The purpose of this rule is to establish a uniform contract clause 
that will provide authority to DOE's management and operating 
contractors to perform fully reimbursable work under the terms and 
conditions set forth in their contracts.
    This rule amends Part 970 of the DEAR that governs DOE contracts 
with entities that manage and operate DOE-owned or -leased facilities. 
The rule applies to contracts when the contractor performs fully 
reimbursable work for other Federal agencies and non-Federal entities 
and does not relate to the expenditure of DOE's appropriated funds.
    DOE is also making a technical amendment to 48 CFR part 909 to 
identify an NNSA official as the debarment and suspension official for 
NNSA contracts.
    DOE invited comments from the public, which were to be submitted on 
or before January 14, 2005. No comments were received. DOE has 
determined that no changes are needed to the Interim Final Rule and 
adopts the DEAR amendments as final without change.
    Issuance of this Final Rule has been approved by the Office of the 
Secretary of Energy.

List of Subjects in 48 CFR Parts 904 and 970

    Government procurement.

    Issued in Washington, DC, on November 17, 2005.
Richard H. Hopf,
Director, Office of Procurement and Assistance Management, Office of 
Management, Department of Energy.
Robert C. Braden, Jr.,
Director, Office of Acquisition and Supply Management, National Nuclear 
Security Administration.

Accordingly, the interim final rule amending 48 CFR parts 904 and 970 
which was published at 69 FR 75001 on December 15, 2004, is adopted as 
a final rule without change.

[FR Doc. 05-23286 Filed 11-23-05; 8:45 am]