908 909 Required sources of supplies and services................ 314 321 ...... 935 936 937 Research and development contracting................ 447 447 465 952 SUBCHAPTER H-CLAUSES AND FORMS 496 SUBCHAPTER I-AGENCY SUPPLEMENTARY REGULATIONS 970 971 DOE management and operating contracts............. 534 621 Subpart 901.1—Purpose, Authority, Issuance 901.101 Purpose. (a) This subpart establishes Chapter 9, the Department of Energy Acquisition Regulation, within Title 48, the Federal Acquisition Regulation System, of the Code of Federal Regulations. The short title of this regulation shall be DEAR. (b) The purpose of the DEAR is to implement the Federal Acquisition Regulations (FAR) where further implementation is needed, and to supplement the FAR when coverage is needed for subject matter not covered in the FAR. The DEAR is not, by itself, a complete document as it must be used in conjunction with the FAR. When a FAR Part or Subpart is adequate for use without further DOE implementation, no mention is cited in the DEAR. Therefore the order of use is (1) FAR; (2) DEAR. cluded from the DEAR where there is appropriate justification, such as: (a) Subject matter which bears a security classification (See FAR 4.402). (b) Subject matter which deals with assistance programs where the award instruments are other than acquisition contracts and purchase orders. The DOE financial assistance policies are codified separately at Part 600 of Title 10 of the Code of Federal Regulations. (c) Subject matter which deals with the Department's sales programs. These matters are codified separately at various parts of Title 10 of the Code of Federal Regulations. (d) Subject matter which is procedural in nature and which is internal to the operation of the Department. These matters are contained in the DOE Directives System. (e) Instructional or training material that more fully explains matters covered in the FAR and DEAR. (f) Subject matter which is procedural in nature and which is internal to the operation of the Federal Energy Regulatory Commission (FERC). These matters are contained in the FERC Directive System. [49 FR 11936. Mar. 28, 1984, as amended at 50 FR 12182, Mar. 27, 1985] 901.104 Issuance. 901.101-1 Publication and code arrange. ment. (a) The DEAR and its subsequent changes are published in (1) daily issues of the FEDERAL REGISTER, (2) cumulative form of the Code of Federal Regulations, and (3) a separate looseleaf edition. (b) The DEAR is issued as Chapter 9 of Title 48 of the Code of Federal Regulations. 901.104-2 Arrangement of regulations. (a) General. The DEAR is divided into the same parts, subparts, sections, subsections and paragraphs as is the FAR. However, when the FAR coverage is adequate by itself, there will be no corresponding DEAR part, subpart, etc. (b) Numbering. Where the DEAR implements the FAR, the implementing part, subpart, section or subsection of the DEAR will be numbered and captioned, to the extent feasible, the same as the FAR part, subpart, section or subsection being implemented except that the implementation #1.. be preceded with a 9 or a 90 such that there will always be three numbers to the left of the decimal. For example the DEAR implementation of FAR 1.104-1 is shown as 901.104-1 and the DEAR implementation of FAR 24 1 is shown as 924.1. Material which suppiements the FAR will be assigned the numbers 70 and up. For example, by statute, DOE requires a more comprehensive organizational conflicts of interest review than is contemplated by FAR 9.5. This supplementary material is identified as 909.570. (c) References and citations. (2) This regulation may be referred to as the Department of Energy Acquisition Regulation or the DEAR. (3) References to FAR materials within this regulation will include FAR and the identifying number, for example, FAR 1.104-2(c)3). References to DEAR materials within this regulation will simply cite the identi fying number, for example, 901.1042(c)(3). 901.104-3 Copies. (a) Copies of the DEAR published in the FEDERAL REGISTER or Code of Federal Regulations may be purchased from the Superintendent of Documents. Government Printing Office. Washington, D.C. 20402. Requests should reference the DEAR as Chapter 9 of Title 48. The Code of Federal Regulations is printed in paperback edition and updated annually. Requests for the CFR version of the DEAR should reference Chapter 9 of Title 48. (b) Loose-leaf copies of the DEAR are distributed within DOE in accordance with a distribution list maintained by the Policy Office in the Procurement and Assistance Management Directorate, Headquarters. 901.105 OMB control numbers. The Paperwork Reduction Act of 1980, Pub L. 98 511, and the Office of Management and Budget's implementing regulations at 5 CFR Part 1320, require that reporting and recordkeep |