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(3) The date of completion of the course. [49 FR 12641, Mar. 29, 1984, as amended at 50 FR 798, Jan. 7, 1985; 61 FR 20494, May 7, 1996)

871.208 Rehabilitation facilities.

The provisions for payment of charges to rehabilitation facilities for

lities for the rehabilitation services provided under Chapter 31 are paid in the same manner as charges for educational and vocational services through contract, agreement, or other arrangement. 871.209 Records and reports.

Contracts, agreements, or arrangements will provide for the number and frequency of reports, adequate financial records to support payment for each trainee and maintenance of attendance and progress records. Such records will be preserved for a period of three years.

otherwise specified in the contract, be furnished the same texts, lessons service, diplomas, and other services as are normally provided for regularly enrolled nonveteran students.

(d) All lessons be adequately serviced on an individual basis. Grouping of lessons, into units or partial servicing does not meet this requirement.

(e) Each lesson must have a separate examination adequate in terms of lesson content.

(f) The training of persons under a Department of Veterans Affairs contract or the fact that the United States is utilizing the facilities of the institution for training veterans shall not be used in any way to advertise the institution. References in the advertising media or correspondence of the institution shall be limited to a list of courses under Chapter 31, Title 38, United States Code, and shall not be directed or pointed specifically to veterans.

(g) The rates, fees, and charges are not in excess of those charged nonveterans.

(h) That payment will be made on a lesson completed basis in areas for assignments sent in by trainees and serviced during a pay period as established by the contract.

(i) Payment will be made only once for each lesson even through it is necessary to service a lesson more than once. 871.211 Information concerning cor

respondence courses. Specific questions on correspondence courses as to the content of courses, academic credit, and entrance requirements for courses included in Department of Veterans Affairs contracts may be directed to the institutions offering the courses.

871.210 Correspondence courses.

Contracts with institutions for correspondence courses will provide that:

(a) Major changes in courses or course material will not be binding on the Department of Veterans Affairs until such time as a supplemental agreement is negotiated to the contract.

(b) Minor changes in course or course material not affecting the length of the course or number of lessons and not lowering the educational value of the course or the quality of the course material such as revision of text, the substitution of a newer lesson for an older one, or the substitution of equipment of equal or greater value, are permitted without supplemental agreements. Such minor changes and revisions shall be placed on file with the contracting officer at the time of the change or revision.

(c) Trainees be provided with prompt and adequate lesson service and, unless

Subpart 871.3-Education

Program (Reserved]

CHAPTER 9—DEPARTMENT OF ENERGY

(Parts 900 to 999)

SUBCHAPTER A-GENERAL

901

906

270 270

271

Part

Page Federal Acquisition Regulations System ........

261 902 Definitions of words and terms

262 903 Improper business practices and personal conflicts of interest .........

262 904 Administrative matters ....

SUBCHAPTER B-ACQUISITION PLANNING 905 Publicizing contract actions ......

Competition requirements ......... 907 Acquisition planning ............

271 908 Required sources of supplies and services ...... 909 Contractor qualifications

277 911 Describing agency needs

283 912

mial items ........ Acquisition of commercial items

283 SUBCHAPTER C/CONTRACTING METHODS AND CONTRACT TYPES 913 Simplified acquisition procedures

285 914 Sealed bidding ........

285 915 Contracting by negotiation ...........

286 916 Types of contracts .

300 917 Special contracting methods ...........

302 SUBCHAPTER D-SOCIOECONOMIC PROGRAMS Small business programs

307 922 Application of labor laws to Government acquisi

tion ................................ 923 Environment, conservation, occupational safety, and drug free workplace

311 Foreign acquisition ........

313 926 Other socioeconomic programs ...

SUBCHAPTER E GENERAL CONTRACTING REQUIREMENTS 927 Patents, data, and copyrights ........

319

919

308

925

315 928

931 932 933

935

936

937 939 941

Bonds and insurance
Contract cost principles and procedures
Contract financing .......

Protests, disputes, and appeals ........
SUBCHAPTER F-SPECIAL CATEGORIES OF CONTRACTING
Research and development contracting
Construction and architect-engineer contracts
Service contracting ...
Acquisition of information technology
Acquisition of utility services ....

SUBCHAPTER GCONTRACT MANAGEMENT
Contract administration
Government property ...........
Transportation ..................
Termination of contracts ...........
Extraordinary contractual actions .....
Use of Government sources by contractors ..........

942 945 947 949 950 951

952

SUBCHAPTER H-CLAUSES AND FORMS Solicitation provisions and contract clauses .......... SUBCHAPTER I-AGENCY SUPPLEMENTARY REGULATIONS

DOE management and operating contracts ............

970

PART 901—FEDERAL ACQUISITION

REGULATIONS SYSTEM

Subpart 901.1-Purpose, Authority,

Issuance

Sec. 901.101 Purpose. 901.102 Authority. 901.103 Applicability. 901.104 Issuance. 901.104-1 Publication and code arrangement. 901.104-2 Arrangement of regulations. 901.1043 Copies. 901.105 OMB control numbers.

Subpart 901.3—Agency Acquisition

Regulations

901.103 Applicability.

The FAR and DEAR apply to all DOE acquisitions of supplies and services which obligate appropriated funds unless otherwise specified in this chapter. 901.104 Issuance. 901.104-1 Publication and code ar

rangement. (a) The DEAR and its subsequent changes are published in the FEDERAL REGISTER, cumulative form in the Code of Federal Regulations, and a separate loose-leaf 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.

(b) Numbering. The numbering illustrations at (FAR) 48 CFR 1.104-2(b) apply to the DEAR, but the DEAR numbering will be preceded with a 9 or a 90. Material which supplements the FAR will be assigned the numbers 70 and up.

901.301-70 Other issuances related to acqui

sition. Subpart 901.6 Contracting Authority and

Responsibilities 901.601 General. 901.602–3 Ratification of unauthorized com

mitments. AUTHORITY: 42 U.S.C. 7254; 40 U.S.C. 486(c).

SOURCE: 61 FR 41704, Aug. 9, 1996, unless otherwise noted.

Subpart 901.1-Purpose, Authority,

Issuance

901.101 Purpose.

The Department of Energy Acquisition Regulation (DEAR) in this chapter establishes uniform acquisition policies which implement and supplement the Federal Acquisition Regulation (FAR).

901.104-3 Copies.

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, DC 20402.

901.102 Authority.

The DEAR and amendments thereto are issued by the Procurement Executive pursuant to a delegation from the Secretary in accordance with the authority of section 644 of the Department of Energy Organization Act (42 U.S.C. 7254), section 205(c) of the Federal Property and Administrative Seryices Act of 1949, as amended, (40 U.S.C. 486(c)), and other applicable law.

901.105 OMB control numbers.

The Paperwork Reduction Act of 1980, Public Law 98-511, and the Office of Management and Budget's implementing regulations at 5 CFR part 1320, require that reporting and record keeping requirements affecting 10 or more members of the public be cleared by that Office. The OMB control number for the collection of information under 48 CFR chapter 9 is 1910 4100, except for the following: Reporting and Recordkeeping requirements for Make-or-Buy Plans (see 48 CFR (DEAR) 970.5204–76) OMB number 1910-5102; Reporting and Recordkeeping Requirements for Safety Management (see 48 CFR (DEAR) 970.5204–2)OMB number 1910–5103. [61 FR 41704, Aug. 9, 1996, as amended at 62 FR 34861, June 27, 1997)

mitments of $25,000 or under. The ratification authority of the HCA is nondelegable.

PART 902—DEFINITIONS OF WORDS

AND TERMS

AUTHORITY: 42 U.S.C. 7254; 40 U.S.C. 486(C).

Subpart 901.3-Agency

Acquisition Regulations 901.301-70 Other issuances related to

acquisition. In addition to the FAR and DEAR, there are other issuances which deal with acquisition. Among these are the Federal Property Management Regulations, the DOE Property Management Regulations, and DOE Directives.

Subpart 902.2—Definitions Clause 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 Under Secretary of the Department of Energy and the Chairman, Federal Energy Regulatory Commission. The contracting officer shall also add a paragraph (d) (or (c) in case Alternate I is used), which defines "DOE” as meaning the United States Department of Energy and “FERC” as meaning the Federal Energy Regulatory Commission. (50 FR 12183, Mar. 21, 1985)

Subpart 901.6 Contracting

Authority and Responsibilities 901.601 General.

(a) Contracting authority vests in the Secretary of Energy. The Secretary has delegated this authority to the Procurement Executive. The Procurement Executive has redelegated this authority to the Heads of Contracting Activities (HCA). These delegations are formal written delegations containing dollar limitations and conditions. Each HCA in turn makes formal contracting officer appointments within the contracting activity.

(b) The Procurement Executive has been authorized, without power of redelegation, to perform the functions set forth at 48 CFR 1.601(b) regarding the assignment of contracting functio s and responsibilities to another agency, and the creation of joint or combined offices with another agency to exercise acquisition functions and responsibilities. [61 FR 41704, Aug. 9, 1996, as amended at 62 FR 53756, Oct. 16, 1997)

PART 903—IMPROPER BUSINESS

PRACTICES AND PERSONAL CONFLICTS OF INTEREST

Subpart 903.1-Safeguards

Sec. 903.101 Standards of conduct. 903.101-3 Agency regulations. 903.104–3 Definitions. 903.104-10 Violations or possible violations

(DOE coverage-paragraph (a)).

Subpart 903.2-Contractor Gratuities to

Government Personnel 903.203 Reporting suspected violations of

the Gratuities clause. 903.204 Treatment of violations.

Subpart 903.3—Reports of Suspected

Antitrust Violations

901.602–3 Ratification of unauthorized

commitments. (DOE coverage

paragraph (b)) (b) (2) The Procurement Executive is authorized to ratify an unauthorized commitment.

(3) The ratification authority of the Procurement Executive in paragraph (b)(2) of this section is delegated to the Head of the Contracting Activity (HCA) for individual unauthorized com

903.303 Reporting suspected antitrust viola

tions.

Subpart 903.4-Contingent Fees 903.408-1 Responsibilities.

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