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DOE Updates Regulations to Conform with the FAR

A final rule amends the Department of Energy Acquisition Regulation to include updated references, remove out-of-date coverage, and conform to the Federal Acquisition Regulation. The rule makes changes to DEAR Subchapters E-General Contracting Requirements, F-Special Categories of Contracting, and G-Contract Management. Specifically, the rule amends the DEAR as follows:

l DEAR 932.501-2 updates the procedures for unusual progress payments;

l DEAR Subpart 932.6 reflects the changes Federal Acquisition Circular 2005-27 made to a section title in FAR Subpart 32.6;

l DEAR 935.010 requires contracting officers to direct contractors to submit reports through the DOE Energy Link System;

l DEAR 936.202 is redesignated as DEAR 936.202-70 and the section title now reads "Specifications charges";

l DEAR Part 937 is revised to add DEAR Subpart 937.2, "Advisory and Assistance Services," consisting of DEAR 937.204, "Guidelines for determining availability of personnel." DEAR 937.204(a) and (b) supply DOE guidelines for determining availability of sufficient personnel with the requisite training and capabilities to perform evaluation and analysis of proposals. It also determines which DOE officials are responsible for making the determinations prescribed at FAR 37.204(a),(b),(d), and (e);

l DEAR 941.201-70 updates the DOE Order reference by removing the remainder of the sentence after the second "FAR"and adding in its place "part 41 and the Department of Energy (DOE) Order 430.2B, Departmental Energy, Renewable Energy and Transportation Management, or its successor;"

l DEAR 942.803 paragraph (c) removes the reference to DEAR 942.70, "Audit Services," which is no longer a subpart;

l DEAR 949.101 is revised to add "Senior" before "Procurement Executive" to conform to the use of the Procurement Executive title within the FAR;

l DEAR Subpart 949.5 is removed because there is no longer a need for a DEAR termination clause for Architect-Engineer contracts;

l DEAR 951.102(e)(4) removes the "(iii)" in the paragraph numbering to conform with the numbering in the FAR; and

l DEAR 952.247-70 is changed to remove repetitive language.

The rule does not alter any substantive rights or obligations under current law. For the text of the final rule, which goes into effect June 25, 2010, see 70,035.73.




(The news featured above is a selection from the news covered in the Government Contracts Report Letter, which is published weekly and distributed to subscribers of the Government Contracts Reporter. )


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