§ 109–1.109 Numbering PMR. of ERDA The ERDA has been assigned Chapter 109 for use in publishing its implementing and supplementing regulations. Implementing regulations shall conform to the FPMR section numbers. Supplementing regulations shall be numbered "50" or higher for section, subpart, or part as may be involved. § 109-1.110-1 Description. As used in these Regulations, the term "deviation" includes any of the following actions: (a) When a prescribed policy or procedure is set forth, and when a prescribed contract clause is set forth verbatim, a departure from the policy or procedure or use of a contract clause covering the same subject matter which varies from that set forth. (b) When a standard or other form is prescribed, use of any other form for the same purpose. (c) Alteration of a prescribed standard or other form, except as may be authorized in the Regulations. (d) The imposition of lesser or, where the regulation expressly prohibits, greater limitations than are imposed by a prescribed policy or procedure, upon the use of a contract clause, form, procedure, type of contract, or upon any other action, including but not limited to, the making or amendment of a contract, or actions taken in connection with the solicitation of bids or proposals, award, administration, or settlement of contracts. (e) When a policy or procedure is prescribed, use of any inconsistent policy or procedure. (a) In individual cases, deviations from the FPMR and ERDA-PMR may be requested by Managers of Field Offices and authorized by the head of a division or office, Headquarters, having functional responsibility. A supporting statement for each individual deviation, which indicates briefly the nature of the deviation, the reasons for such special action, and the Headquarters approval shall be maintained by the Headquarters division or office concerned. (b) In classes of cases, requests for deviations from the FPMR and the ERDA-PMR shall be forwarded by Managers of Field Offices to the head of the division or office, Headquarters, having functional responsibility, and shall be accompanied by an appropriate supporting statement. Requests shall be considered on an expedited basis and appropriate coordination with Headquarters divisions and offices will be obtained. Requests involving the FPMR will be considered jointly by ERDA and the General Services Administration, unless, in the judgment of the Headquarters division or office having functional responsibility, circumstances preclude such joint effort. In such case, the division or office having functional responsibility will approve such class deviations as determined to be necessary and the General Services Administration will be notified. § 109-1.150 Definitions. (a) Implementation. Pertains to ERDA material which treats a subject matter covered in the FPMR and may cover in greater detail or indicate the manner of compliance, including statements of authorizing deviations. (b) Supplementation. Pertains to ERDA material which treats matters having no counterpart in the FPMR. § 109–1.151 Exemptions. (a) Section 602(d) (13) of the Federal Property and Administrative Services Act of 1949, as amended, provides that nothing in that Act shall impair or affect any authority of the Atomic Energy Commission. This includes the authority of AEC under the Atomic Energy Act of 1954, as amended, Public Law 85-804, and any other law. All authorities of the Atomic Energy Commission, except as noted in the Energy Reorganization Act of 1974, were transferred by that Act to the Energy Research and Development Administration. (b) This exemption authority is to be exercised only to the extent that compliance with the requirements of the Federal Property and Administrative Services Act of 1949, as amended, would impair or affect the carrying out of ERDA's programs. Except as otherwise expressly provided in these regulations, requests for exemptions from the requirements of the Federal Property and Administrative Services Act of 1949, as amended, except those pertaining to procurement (see ERDA-PR 9-1.110), shall be submitted to the head of the division or office, Headquarters, having func679 109-35.402 109-35.405 Contracting. Submission of requests. AUTHORITY: The provisions of this Part 109-35 issued under sec. 161, as amended, 68 Stat. 948, sec. 205, 63 Stat. 390, as amended; 42 U.S.C. 2201, 40 U.S.C. 486. SOURCE: The provisions of this Part 109-35 appear at 34 F.R. 12582, Aug. 1, 1969, unless otherwise noted. NOTE: Nomenclature changes affecting this part were published at 40 FR 5364, Feb. 5, 1975. § 109-35.000 Scope of part. This part prescribes ERDA regulations governing telecommunications activities, which regulations implement Federal Property Management Regulations. § 109-35.000-50 Applicability to con tractors. FPMR 101-35, Telecommunications, and ERDA-PMR 109-35, Telecommunications, shall be applied to cost-type contractors' telecommunications activities as follows: (a) In all respects to cost-type contractors employing telecommunications facilities and services which are wholly owned, leased, or cost reimbursed by the ERDA. (b) To all other cost-type contractors whose telecommunications costs are directly identifiable and chargeable to ERDA, when such costs are considered significant and to the extent that application of ERDA Manual Chapter 0270 and appendix handbook is practicable. Subpart 109-35.1-General § 109-35.107 Provisions Surveys. Surveys of ERDA communications facilities requested by GSA will be coordinated through ERDA headquarters. § 109-35.108 Agency payments to common carriers. GSA will advise ERDA Headquarters of its requests for common carrier bills rendered to ERDA. Subpart 109-35.2-Major Changes and New Installations For the purpose of this Subpart 10935.2, the following shall be deemed major changes or new installations of telecommunications facilities: (a) Local telephone service. In connection with 101-35.202(a)(6), installation or removal of tielines between the gateway PBX and satellite PBX's on the same site shall not be deemed major changes or new installations requiring GSA review. Significant increases or decreases in the number of these lines or other information which could have an effect on the FTS traffic load will be reported to GSA. (b) Intercity telephone service. Applies as written in § 101-35.202. (c) Data transmission service. Installation or removal of local data transmission channels or equipment which are used exclusively for onsite transmission (l.e., in the sense that there can be no direct transmission by the channel or equipment off the site) shall not require GSA approval. This, however, does not preclude compliance with the requirement of Subpart 101-35.202a.(9). (d) Telegraph service. Installation or removal of exclusively onsite (i.e., in the sense that there can be no direct transmission by the equipment off the site) teletype leased lines and associated equipment shall not be deemed major change or new installation. (e) Communications security service. The GSA/ERDA Agreement relating to communications security service provides information for GSA review in this area. No additional information need be provided by ERDA with respect to facilities covered by that Agree nent. (f) Radio service. Notification to GSA may be made through the GSA member of the Interdepartment Radio Advisory Committee (IRAC). ERDA need provide additional information with respect to matters reported to IRAC only if specifIcally requested by GSA. For purposes of radio service, calculation of the 20 regular working days referred to in FPMR 101-35.201 shall begin on the date the GSA member of IRAC is advised of the proposed ERDA action. GSA will review applications filed for "Telephone Action" and will informally advise ERDA working days from the date of receipt of of recommendations, if any, within 5 the application from IRAC. Participation in proceedings related to carrier applications to regulatory bodies for temporary or permanent authority to operate in specified geographical locations shall be confined to statements or testimony in support of a need for service and shall not extend to support of individual carriers or groups of carriers. § 109-40.106 Reports. Reports which are specifically requested by GSA or are prescribed in Federal Property Management Regulation 101-40 shall be submitted to the Division of Waste Management and Transportation five days prior to the established due date so as to permit timely transmittal to GSA. The format to be used by field offices for reporting as indicated above shall be as prescribed in the specific requests or appropriate section of the FPMR. [33 FR 4140, Mar. 5, 1968, as amended at 38 FR 22549, Aug. 22, 1973] § 109-40.303-2 Cost consideration. Premium transportation shall be used only when the additional cost is clearly justified. When premium transportation is used for shipments in excess of 500 pounds, a written statement supporting the use of such transportation shall be retained in an appropriate file. § 109-40.305-3 Negotiation by other agencies. The limitations in FPMR 101-40.3053(a) do not apply to the initiation and conduct of negotiations for freight rates and services related to shipments of nuclear weapons and radioactive and fissile materials. § 109-40.305-5 Reports of agency negotiations. Subject to the provisions of FPMR 101-40.305-5 a complete report of each negotiation (other than those related to nuclear weapons, radioactive and fissile material shipments, and all other commodities when the quantity involved is less than 100 short tons of a single commodity or mixed commodities to be moved by common carrier from the same consignor to the same consignee within a 30-day period) shall be submitted to the Division of Waste Management and Transportation promptly after each negotiation is completed for transmittal to GSA. Each report shall be in memorandum form referencing FPMR 10140.305-5 and shall contain the data prescribed in the FPMR's. Classified information shall not be included in the reports. [33 FR 4140, Mar. 5, 1968, as amended at 38 FR 22549, Aug. 22, 1973] Title 49 U.S.C., section 22, as amended by Public Law 85-246, provides that rate tenders to the Government must be filed by the carriers with the Interstate Commerce Commission except for "any quotation or tender which, as indicated by the U.S. Government, or any agency or Department thereof, to any carrier or carriers, involves information the disclosure of which would endanger the national security." Carriers will be informed by the negotiating official if any quotation or tender to the Energy Research and Development Administration involves such information. § 109-40.307 Tonnage reports. Tonnage reports required by FPMR 101-40.307 shall be submitted to the Division of Waste Management and Transportation 5 working days before the end of each calendar month so as to allow for timely transmittal to GSA. Tonnage representing commodities under ERDA negotiated rates authorized by ERDAPMR 109-40.305-3 shall not be reported to GSA. [33 FR 4140, Mar. 5, 1968, as amen at 38 FR 22549, Aug. 22, 1973] § 109-40.50 Bills of lading. § 109-40.5000 Scope of subpart. This subpart sets forth the requirements under which commercial or Government bills of lading or express receipts may be used. § 109-40.5001 Policy. Generally ERDA cost-type contractors will use commercial bills of lading or commercial express receipts in making shipments for the account of the ERDA. Cost-type contractors may be authorized by the contracting officer to use Government bills of lading if such use will be advantageous to the Government. § 109-40.5002 Applicability. The policy and procedures set forth in this subpart shall be applied when ERDA's cost-type contractors use commercial bills of lading or commercial express receipts. § 109-40.5003 Commercial bills of lading or commercial express receipts. (a) ERDA's cost-type contractors using commercial bills of lading in making shipments for the account of the Energy Research Development Administration shall include the following statement or one substantially the same on all commercial bills of lading: This shipment is for the account of the U.S. Government which will assume the freight charges and is subject to the terms and conditions set forth in the standard form of the U.S. Government bills of lading and to any available special rates or charges. (b) The foregoing language may be varied without materially changing its substance to satisfy the needs of particular cost-type contractors for the purpose of obtaining the benefit of the lowest available rates for the account of the Government. (c) Where practicable, commercial bills of lading or express receipts inay provide for consignment of a shipment to the Energy Research Development Administration c/o the cost-type contractor or may indicate consignment by the contractor "for the Energy Research Development Administration." (d) Commercial bills of lading exceeding $10,000 issued by cost-type contractors shall be annotated with a typewritten, rubber stamp, or similar impression containing the following wording: EQUAL EMPLOYMENT OPPORTUNITY The nondiscrimination clauses contained in section 202 of Executive Order 11246 relative to equal employment opportunity for all persons without regard to race, creed, color, or national origin, and the implementing rules and regulations of the President's Committee on Equal Employment Opportunity which, to the extent not inconsistent with Executive Order 11246, remain in full force and effect as those of the Secretary of Labor. are incorporated herein. (a) Before any Government bill of lading which has not been revised to include reference to Executive Order 10925, as amended, or Executive Order 11246 is issued for use by ERDA or costtype contractors (where authorized) at least the original (SF 1103) and shipping order copy (SF 1104) shall be annotated with a typewritten, rubber stamp, or similar impression containing the following wording: EQUAL EMPLOYMENT OPPORTUNITY Condition 9 hereof is revised as follows. The nondiscrimination clauses contained in section 202 of Executive Order 11246 relative to equal employment opportunity for all persons without regard to race, creed, color or national origin and the implementing rules and regulations prescribed by the Secretary of Labor, are incorporated herein. (b) In those instances when ERDA cost-type contractors are authorized to use Government bills of lading, specific employees of cost-type contractors will be authorized by the contracting officer to issue such Government bills of lading. (See Title V, U.S. Government Accounting Office Policy and Procedures Manual for Guidance of Federal Agencies.) |