[Federal Register Volume 67, Number 60 (Thursday, March 28, 2002)]
[Rules and Regulations]
[Pages 14869-14873]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-7300]
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DEPARTMENT OF ENERGY
48 CFR Parts 902, 904, 909, 913, 914, 915, 916, 917, 925, 931, 933,
950, 952, and 970
RIN 1991-AB51
Acquisition Regulation: Technical and Administrative Amendments
AGENCY: Department of Energy.
ACTION: Final rule.
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SUMMARY: The Department of Energy (DOE) is amending the Department of
Energy Acquisition Regulation (DEAR) to make technical and
administrative changes to the regulation. This rulemaking incorporates
technical and administrative changes to the DEAR that include:
expanding definitions to distinguish the National Nuclear Security
Administration (NNSA) as an agency within the DOE; acknowledging the
Administrator of the NNSA as an agency head; and recognizing the Senior
Procurement Executives for DOE, the NNSA, and the Federal Energy
Regulatory Commission (FERC). Additional changes include removing
obsolete coverage; renumbering and updating certain parts of the
regulation to conform with the Federal Acquisition Regulation (FAR);
and correcting typographical errors. These changes have no significant
impact on non-agency persons such as contractors or offerors.
EFFECTIVE DATE: This final rule will be effective April 29, 2002.
FOR FURTHER INFORMATION CONTACT: Denise P. Wright, Office of
Procurement and Assistance Policy (ME-61), U.S. Department of Energy,
1000 Independence Avenue, SW., Washington, DC 20585, telephone 202-586-
6217.
SUPPLEMENTARY INFORMATION:
I. Explanation of Revisions.
II. Procedural Requirements.
A. Review Under Executive Order 12866
B. Review Under Executive Order 12988
C. Review Under the Regulatory Flexibility Act
D. Review Under the Paperwork Reduction Act
E. Review Under Executive Order 13132
F. Review Under the National Environmental Policy Act
G. Review Under the Unfunded Mandates Reform Act of 1995
H. Review Under the Small Business Regulatory Enforcement
Fairness Act of 1996
I. Explanation of Revisions
1. Section 902.200, Definitions Clause, is amended to the
definitions for ``Head of Agency'' and ``DOE'' and to add a definition
for ``Senior Procurement Executive.'' These changes are made pursuant
to the establishment of the NNSA under the National Defense
Authorization Act for Fiscal Year 2000 (Pub. L. 106-65), sections 3202
and 3212 of which provide that the Under Secretary for Nuclear Security
shall serve as the Administrator for Nuclear Security and head of the
NNSA and carry out the functions as specified in Section 3212. The
clause is further amended to correct typographical errors.
2. Section 904.404, Contract clause, paragraph (4) is amended to
correct typographical errors.
3. Section 904.7102, Waiver by the Secretary, is amended to reflect
organizational changes within the DOE.
4-5. Part 909, Contractor Qualifications, 909.403 Definitions, is
amended to revise the designation for ``Debarring Official'' and
``Suspending Official'' for DOE, the NNSA, and the FERC to be the
Director, Office of Procurement and Assistance Management, DOE, or
designee.
6. Part 913, Simplified Acquisition Procedures, 913.3 Fast Payment
Procedure, 913.4 Imprest Fund, and 913.5 Purchase Orders, are amended
to conform to the FAR.
7. Section 914.406, Mistake in bids, 914.406-3 Other mistakes
disclosed before award, and 914.406-4 Mistakes after award, are
amended. The changes are made to conform to current FAR numbering.
8. Section 915.606, Agency procedures. (DOE coverage-paragraph (b))
is amended. The location for submission of unsolicited proposals is
changed. The change is made to ensure consistency in current DOE
procedure.
9. Section 916.6, Time and Materials, Labor Hour, and Letter
Contracts, is amended to incorporate an approved class deviation to the
requirement at 48 CFR 16.601, paragraph (c), for a determination and
findings documenting the suitability of a time and materials contract.
10. Section 917.602, Policy, is amended to clarify that only the
Secretary may authorize non-competitive awards and extensions of
management and operating contracts pursuant to Section 301 of Public
Law 106-377.
11. Section 925.901, Omission of the audit, is amended to reflect
organizational changes within the DOE.
12. Section 931.205-19, Insurance and Indemnification, is amended
to revise the reference to the prescribed contract clause.
13. Section 933.103, Protests to the agency, is amended to reflect
organizational changes within the DOE.
14. Section 950.104, Reports, is deleted current FAR coverage is
sufficient.
15. Section 952.202-1, Definitions, is amended to revise the terms
``Head of Agency'' and ``DOE,'' and to add a definition for ``Senior
Procurement Executive.''
16. Sections 952.208-7, 952.217-70, 952.227-13, 952.233-2, 952.236-
72, and 952.250-70 are revised to update incorrect references.
17. Section 952.231-71, Insurance-Litigation and Claims, is added
to clarify coverage for certain non-management and operating contracts.
18. Section 952.236-70, Administrative terms for architect-engineer
contracts, is removed in its entirety. The coverage is determined to be
obsolete.
19. Section 952.249-70, Termination clause for cost-reimbursement
architect-engineer contracts, is removed. The current FAR coverage at
52.249-6, Termination (Cost-Reimbursement), is sufficient.
20. Section 970.3102-05-53, Preexisting conditions, is amended to
renumber as 970.3102-05-70 since the coverage is unique to DOE and does
not supplement the FAR.
21. Section 970.5228-1, Insurance-litigation and claims, is amended
to revise paragraphs (e)(2), (h), and (j)(4) to correct references.
II. Procedural Requirements
A. Review Under Executive Order 12866
Today's regulatory action has been determined not to be a
``significant
[[Page 14870]]
regulatory action'' under Executive Order 12866, ``Regulatory Planning
and Review,'' (58 FR 51735, October 4, 1993). Accordingly, today's
action was not subject to review under the Executive Order by the
Office of Information and Regulatory Affairs of the Office of
Management and Budget.
B. Review Under Executive Order 12988
With respect to the review of existing regulations and the
promulgation of new regulations, section 3(a) of Executive Order 12988,
``Civil Justice Reform,'' 61 FR 4729 (February 7, 1996), imposes on
Executive agencies the general duty to adhere to the following
requirements: (1) Eliminate drafting errors and ambiguity; (2) write
regulations to minimize litigation; and (3) provide a clear legal
standard for affected conduct rather than a general standard and
promote simplification and burden reduction. With regard to the review
required by section 3(a), section 3(b) of Executive Order 12988
specifically requires that Executive agencies make every reasonable
effort to ensure that the regulation: (1) Clearly specifies the
preemptive effect, if any; (2) clearly specifies any effect on existing
Federal law or regulation; (3) provides a clear legal standard for
affected conduct while promoting simplification and burden reduction;
(4) specifies the retroactive effect, if any; (5) adequately defines
key terms; and (6) addresses other important issues affecting clarity
and general draftsmanship under any guidelines issued by the Attorney
General. Section 3(c) of Executive Order 12988 requires Executive
agencies to review regulations in light of applicable standards in
section 3(a) and section 3(b) to determine whether they are met or it
is unreasonable to meet one or more of them. DOE has completed the
required review and determined that, to the extent permitted by law,
the proposed regulations meet the relevant standards of Executive Order
12988.
C. Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act, 5 U.S.C. 601 et seq., requires
preparation of an initial regulatory flexibility analysis for any rule
that must be proposed for public comment and that is likely to have
significant economic impact on a substantial number of small entities.
There is no legal requirement to propose today's rule for public
comment, and, therefore, the Regulatory Flexibility Act does not apply
to this rulemaking proceeding.
D. Review Under the Paperwork Reduction Act
No new collection of information or recordkeeping requirement is
imposed by this rulemaking. Accordingly, no OMB clearance is required
subject to the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.).
E. Review Under Executive Order 13132
Executive Order 13132 (64 FR 43255, August 4, 1999) imposes certain
requirements on agencies formulating and implementing policies or
regulations that preempt State law or that have federalism
implications. Agencies are required to examine the constitutional and
statutory authority supporting any action that would limit the
policymaking discretion of the States and carefully assess the
necessity for such actions. DOE has examined today's rule and has
determined that it does not preempt State law and does not have a
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government. No further
action is required by Executive Order 13132.
F. Review Under the National Environmental Policy Act
Pursuant to the Council on Environmental Quality Regulations (40
CFR Parts 1500-1508), the Department of Energy has established
guidelines for its compliance with the provisions of the National
Environmental Policy Act (NEPA) of 1969 (42 U.S.C. 4321 et seq.).
Pursuant to appendix A of subpart D of 10 CFR part 1021, National
Environmental Policy Act Implementing Procedures (57 FR 15122, 15152,
April 24, 1992) (Categorical Exclusion A6), the Department of Energy
has determined that this rule is categorically excluded from the need
to prepare an environmental impact statement or environmental
assessment.
G. Review Under the Unfunded Mandates Reform Act of 1995
Title II of the Unfunded Mandates Reform Act of 1995 requires each
Agency to assess the effects of Federal regulatory action on State,
local, and tribal governments and the private sector. The Department
has determined that today's regulatory action does not impose a Federal
mandate on State, local, or tribal governments or on the private
sector.
H. Review Under Small Business Regulatory Enforcement Fairness Act of
1996
As required by 5 U.S.C. 801, the Department of Energy will report
to Congress promulgation of the rule prior to its effective date. The
report will state that it has been determined that the rule is not a
``major rule'' as defined by 5 U.S.C. 804(3).
List of Subjects in 48 CFR Parts 902, 904, 909, 913, 914, 915, 916,
917, 925, 931, 933, 950, 952, and 970
Government procurement.
Issued in Washington, DC, on March 20, 2002.
Spencer Abraham,
Secretary of Energy.
For the reasons set out in the preamble, Chapter 9 of Title 48 of
the Code of Federal Regulations is amended as set forth below.
1. The authority citation for Parts 902, 904, 909, 914, 915, 916,
917, 925, 931, 933, 950, and 952 is revised to read as follows:
Authority: 42 U.S.C. 7101 et seq.; 41 U.S.C. 418(b); and 50
U.S.C. 2401 et seq.
PART 902 --DEFINITIONS OF WORDS AND TERMS
2. Section 902.200 is revised to read as follows:
902.200 Definitions clause.
As prescribed by FAR subpart 2.2, insert the clause at FAR 52.202-
1, Definitions, but modify it to limit the definition at paragraph (a)
of the clause, to encompass only the Secretary, Deputy Secretary, or
the Under Secretaries of the Department of Energy, and the Chairman,
Federal Energy Regulatory Commission. The contracting officer shall
also add paragraphs (h) and (i) or (g) and (h) if Alternate I of the
FAR clause is used. Paragraph (h) defines ``DOE'' as meaning the United
States Department of Energy, ``FERC'' as meaning the Federal Energy
Regulatory Commission, and ``NNSA'' as meaning the National Nuclear
Security Administration. Paragraph (i) identifies the Senior
Procurement Executive, DOE, as the Director, Office of Procurement and
Assistance Management; the Senior Procurement Executive, NNSA, as the
Administrator for Nuclear Security, NNSA; and the Senior Procurement
Executive, FERC, as the Chairman, Federal Energy Regulatory Commission.
[[Page 14871]]
PART 904--ADMINISTRATIVE MATTERS
904.4 [Amended]
3. Section 904.404 is amended as follows:
a. In paragraph (4) remove ``should'' and add in its place ``may''.
904.7102 [Amended]
4. Section 904.7102 is amended in paragraph (b) by removing
``Office of Clearance and Support'' and adding in its place ``Office of
Contract Management''
PART 909--CONTRACTOR QUALIFICATIONS
5.-6. Section 909.403 is revised to read as follows:
909.403 Definitions.
In addition to the definitions set forth at FAR 9.403, the
following definitions apply to this subpart:
Debarring Official. The Debarring Official for both DOE and NNSA is
the Director, Office of Procurement and Assistance Management, DOE, or
designee.
Suspending Official. The Suspending Official for both DOE and NNSA
is the Director, Office of Procurement and Assistance Management, DOE,
or designee.
7. Revise Part 913 to read as follows:
PART 913--SIMPLIFIED ACQUISITION PROCEDURES
Subpart 913.3--Simplified Acquisition Methods
Sec.
913.307 Forms
Subpart 913.4--Fast Payment Procedure
913.402 General.
Authority: 42 U.S.C. 7101 et seq., 41 U.S.C. 418(b); 50 U.S.C.
2401 et seq.
Subpart 913.3--Simplified Acquisition Methods
913.307 Forms. (DOE coverage paragraph (b))
(b) Optional Forms 347 and 348, or DOE F 4250.3, may be used for
purchase orders using simplified acquisition procedures. These forms
shall not be used as the contractor's invoice. See 48 CFR 12.204
regarding the use of SF-1449 for the acquisition of commercial items
using simplified acquisition procedures.
Subpart 913.4--Fast Payment Procedure
913.402 General.
The fast payment procedure delineated in FAR subpart 13.4 is not to
be used by DOE.
PART 914--SEALED BIDDING
914.4 [Amended]
8. Redesignate sections 914.406, 914.406-3, and 914.406-4 as
sections 914.407, 914.407-3, and 914.407-4, respectively.
9. Redesignated section 914.407-3 is amended in paragraph (e) as
follows:
a. In first sentence remove ``14.406-3(e)'' and ``14.406-3'' and
add in their place ``14.407-3(e)'' and ``14.407-3,'' respectively.
b. In the second sentence remove ``14.406-3'' and add in its place
``14.407-3.''
10. Redesignated section 914.407-4 is amended as follows:
a. In the first sentence remove ``14.406-4'' and add in its place
``14.407-4''
b. In the second sentence remove ``14.406-4(e) and add in its place
``14.407-4(e).''
PART 915--CONTRACTING BY NEGOTIATION
11. Section 915.606 is amended by removing ``Office of Procurement
and Assistance, Washington, DC 20585'', and adding in its place ``U.S.
Department of Energy, National Energy Technology Laboratory (PGH),
Pittsburgh, PA 15236-0940.''
PART 916--TYPES OF CONTRACTS
12. Subpart 916.6 is added to read as follows:
Subpart 916.6--Time and Materials, Labor Hour, and Letter Contracts
916.601 Time and Materials (DOE coverage (c)).
(c) Limitations. The Contracting Officer is not required to execute
a separate Determination and Findings as required by FAR 16.601 3(c) if
other file documentation adequately justifies contract actions.
13. Section 917.602 is amended in paragraph (c) by removing ``Head
of the Agency'' and adding in its place ``Secretary.''
PART 925--FOREIGN ACQUISITION
925.901 [Amended]
14. Section 925.901 is amended in paragraph (c) by removing
``Office of Clearance and Support'' and adding in its place ``Office of
Contract Management.''
PART 931--CONTRACT COST PRINCIPLES AND PROCEDURES
15. Section 931.205-19, paragraph (h) is revised to read as
follows:
931.205-19 Insurance and Indemnification. (DOE coverage-paragraph
(h)).
(h) The contracting officer shall insert the clause at 48 CFR
952.231-71 in non-management and operating cost reimbursement contracts
involving work performed at facilities owned or leased by the
Department exceeding $100,000,000.
PART 933--PROTESTS, DISPUTES, AND APPEALS
Subpart 933.1--Protests
933.103 [Amended]
16. Section 933.103 is amended in paragraphs (f)(2), (j), and (k)
by removing ``Office of Clearance and Support'' and adding in its place
``Office of Contract Management.''
PART 950--EXTRAORDINARY CONTRACTUAL ACTIONS
950.104 [Removed]
17. Section 950.104 is removed.
PART 952--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
18. Section 952.202-1 is revised to read as follows:
952.202-1 Definitions.
(a) As prescribed in 902.200, insert the clause at FAR 52.202-1 in
all contracts. The contracting officer shall substitute the following
for paragraph (a) of the clause.
(a) Head of Agency means: (i) The Secretary; (ii) Deputy
Secretary; (iii) Under Secretaries of the Department of Energy and
(iiii) the Chairman, Federal Energy Regulatory Commission.
(b) The following shall be added as paragraphs (h) and (i) except
that they will be designated paragraphs (g) and (h) if Alternate I of
the FAR clause is used.
(h) The term DOE means the Department of Energy, FERC means the
Federal Energy Regulatory Commission, and NNSA means the National
Nuclear Security Administration.
(i) The term Senior Procurement Executive means, for DOE:
Department of Energy--Director, Office of Procurement and
Assistance Management, DOE;
[[Page 14872]]
National Nuclear Security Administration--Administrator for
Nuclear Security, NNSA; and
Federal Energy Regulatory Commission--Chairman, FERC.
19. In the table below, for each section indicated in the left
column remove the language indicated in the middle column and add in
its place the language in the right column.
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Section Remove Add
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952.208-7, Introductory Text.. 908.7101-7............ 908.1104
952.217-70, Introductory Text. 917.7403(c)........... 917.7403
952.227-13, Introductory Text. 927.303(c)............ 927.303(a)(1)
952.233-2, Introductory Text.. Clause................ Provision
952.236-72, Introductory Text. 936.202(j)............ 936.202(h)
952.250-70, Note II........... (date to be that of June 12, 1996
the Final Rule
resulting from the
proposed rule herein.
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20. Section 952.231-71 is added to read as follows:
952.231-71 Insurance-litigation and claims.
As prescribed in 48 CFR 931.205-19, insert the following clause in
applicable non-management and operating contracts:
Insurance-Litigation and Claims (APRIL 2002)
(a) The contractor may, with the prior written authorization of
the contracting officer, and shall, upon the request of the
Government, initiate litigation against third parties, including
proceedings before administrative agencies, in connection with this
contract. The contractor shall proceed with such litigation in good
faith and as directed from time to time by the contracting officer.
(b) The contractor shall give the contracting officer immediate
notice in writing of any legal proceeding, including any proceeding
before an administrative agency, filed against the contractor
arising out of the performance of this contract. Except as otherwise
directed by the contracting officer, in writing, the contractor
shall furnish immediately to the contracting officer copies of all
pertinent papers received by the contractor with respect to such
action. The contractor, with the prior written authorization of the
contracting officer, shall proceed with such litigation in good
faith and as directed from time to time by the contracting officer.
(c)(1) Except as provided in paragraph (c)(2) of this clause,
the contractor shall procure and maintain such bonds and insurance
as required by law or approved in writing by the contracting
officer.
(2) The contractor may, with the approval of the contracting
officer, maintain a self-insurance program; provided that, with
respect to workers' compensation, the contractor is qualified
pursuant to statutory authority.
(3) All bonds and insurance required by this clause shall be in
a form and amount and for those periods as the contracting officer
may require or approve and with sureties and insurers approved by
the contracting officer.
(d) The contractor agrees to submit for the contracting
officer's approval, to the extent and in the manner required by the
contracting officer, any other bonds and insurance that are
maintained by the contractor in connection with the performance of
this contract and for which the contractor seeks reimbursement. If
an insurance cost (whether a premium for commercial insurance or
related to self-insurance) includes a portion covering costs made
unallowable elsewhere in the contract, and the share of the cost for
coverage for the unallowable cost is determinable, the portion of
the cost that is otherwise an allowable cost under this contract is
reimbursable to the extent determined by the contracting officer.
(e) Except as provided in paragraphs (g) and (h) of this clause,
or specifically disallowed elsewhere in this contract, the
contractor shall be reimbursed--
(1) For that portion of the reasonable cost of bonds and insurance
allocable to this contract required in accordance with contract terms
or approved under this clause, and
(2) For liabilities (and reasonable expenses incidental to such
liabilities, including litigation costs) to third persons not
compensated by insurance or otherwise without regard to and as an
exception to the limitation of cost or limitation of funds clause of
this contract.
(f) The Government's liability under paragraph (e) of this clause
is subject to the availability of appropriated funds. Nothing in this
contract shall be construed as implying that the Congress will, at a
later date, appropriate funds sufficient to meet deficiencies.
(g) Notwithstanding any other provision of this contract, the
contractor shall not be reimbursed for liabilities (and expenses
incidental to such liabilities, including litigation costs, counsel
fees, judgment and settlements)--
(1) Which are otherwise unallowable by law or the provisions of
this contract; or
(2) For which the contractor has failed to insure or to maintain
insurance as required by law, this contract, or by the written
direction of the contracting officer.
(h) In addition to the cost reimbursement limitations contained in
48 CFR part 31, as supplemented in 48 CFR part 931, and notwithstanding
any other provision of this contract, the contractor's liabilities to
third persons, including employees but excluding costs incidental to
workers' compensation actions (and any expenses incidental to such
liabilities, including litigation costs, counsel fees, judgments and
settlements), shall not be reimbursed if such liabilities were caused
by contractor managerial personnel's--
(1) Willful misconduct,
(2) Lack of good faith, or
(3) Failure to exercise prudent business judgment, which means
failure to act in the same manner as a prudent person in the conduct of
competitive business; or, in the case of a non-profit educational
institution, failure to act in the manner that a prudent person would
under the circumstances prevailing at the time the decision to incur
the cost is made.
(i) The burden of proof shall be upon the contractor to establish
that costs covered by paragraph (h) of this clause are allowable and
reasonable if, after an initial review of the facts, the contracting
officer challenges a specific cost or informs the contractor that there
is reason to believe that the cost results from willful misconduct,
lack of good faith, or failure to exercise prudent business judgment by
contractor managerial personnel.
(j)(1) All litigation costs, including counsel fees, judgments and
settlements shall be differentiated and accounted for by the contractor
so as to be separately identifiable. If the contracting officer
provisionally disallows such costs, then the contractor may not use
funds advanced by DOE under the contract to finance the litigation.
(2) Punitive damages are not allowable unless the act or failure to
act which gave rise to the liability resulted from compliance with
specific terms and conditions of the contract or written instructions
from the contracting officer.
(3) The portion of the cost of insurance obtained by the contractor
that is allocable to coverage of liabilities
[[Page 14873]]
referred to in paragraph (g)(1) of this clause is not allowable.
(4) The term ``contractor's managerial personnel'' is defined in
the Property clause in this contract.
(k) The contractor may at its own expense and not as an allowable
cost procure for its own protection insurance to compensate the
contractor for any unallowable or unreimbursable costs incurred in
connection with contract performance.
(l) If any suit or action is filed or any claim is made against the
contractor, the cost and expense of which may be reimbursable to the
contractor under this contract, and the risk of which is then uninsured
or is insured for less than the amount claimed, the contractor shall--
(1) Immediately notify the contracting officer and promptly furnish
copies of all pertinent papers received;
(2) Authorize Department representatives to collaborate with: in-
house or DOE-approved outside counsel in settling or defending the
claim; or counsel for the insurance carrier in settling or defending
the claim if the amount of the liability claimed exceeds the amount of
coverage, unless precluded by the terms of the insurance contract; and
(3) Authorize Department representatives to settle the claim or to
defend or represent the contractor in and/or to take charge of any
litigation, if required by the Department, if the liability is not
insured or covered by bond. In any action against more than one
Department contractor, the Department may require the contractor to be
represented by common counsel. Counsel for the contractor may, at the
contractor's own expense, be associated with the Department
representatives in any such claim or litigation. (End of Clause)
952.236-70 [Removed]
21. Section 952.236-70 is removed.
952.249-70 [Removed]
22. Section 952.249-70 is removed.
PART 970--DOE MANAGEMENT AND OPERATING CONTRACTS
23. The authority citation for part 970 continues to read as
follows:
Authority: 42 U.S.C. 2201; 42 U.S.C. 7101 et seq.; 50 U.S.C.
2401 et seq.
24. 970.3102-05-53 is redesignated as 970.3102-05-70.
25. 970.5228-1 is amended by revising paragraphs (e)(2), (h)
introductory language, and (j)(4) to read as follows:
970.5228-1 Insurance-litigation and claims.
* * * * *
(e) * * *
(2) For liabilities (and reasonable expenses incidental to such
liabilities, including litigation costs) to third persons not
compensated by insurance or otherwise without regard to and as an
exception to the clause of this contract entitled, ``Obligation of
Funds.''
* * * * *
(h) In addition to the cost reimbursement limitations contained
in 48 CFR part 31, as supplemented by 48 CFR 970.31, and
notwithstanding any other provision of this contract, the
contractor's liabilities to third persons, including employees but
excluding costs incidental to worker's compensation actions, (and
any expenses incidental to such liabilities, including litigation
costs, counsel fees, judgments and settlements) shall not be
reimbursed if such liabilities were caused by contractor managerial
personnel's--
* * * * *
(j) * * *
(4) The term ``contractor's managerial personnel'' is defined in
clause paragraph (j) of 48 CFR 970.5245-1.
* * * * *
[FR Doc. 02-7300 Filed 3-27-02; 8:45 am]
BILLING CODE 6450-01-P