The AEC Property Management Regulations are prescribed by the General Manager and the head of any AEC division or office having functional responsibility for the Regulations being prescribed, pursuant to the authority of the Atomic Energy Act of 1954, as amended, and the Federal Property and Administrative Services Act of 1949, as amended. § 109-1.104 Publication of AECPMR. § 109-1.104-1 Publication.

The AEC Property Management Regulations appear in the Code of Federal Regulations as Chapter 109 of Title 41, Public Contracts and Property Management, and are published in the daily issues of the FEDERAL REGISTER, in cumulated form in the Code of Federal Regulations, and in separate looseleaf form. § 109-1.104-2 Copies.

(a) Copies of the FEDERAL REGISTER in which AEC Procurement Regulations are published and the Code of Federal Regulations may be purchased by Federal Agencies and the public, at nominal cost, from the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402.

(b) Copies of AEC Property Management Regulations, except those within the functional responsibility of the Division of Contracts, are issued as annexes to pertinent AEC Manual chapters or appendixes.

§ 109-1.106 Applicability.

(a) The Federal Property Management Regulations and the AEC Property Management Regulations apply to all direct AEC functions.

(b) Except as otherwise provided therein, the FPMR and the AECPMR shall be used, in connection with contractor activities, only for the guidance of AEC officials. A section shall normally be included in each part of the AECPMR to provide ready identification of all portions of that AECPMR and the related FPMR which should be applied to AEC

contractors, and those which are only for the guidance of AEC officials in their review, approval, administration or appraisal of contractor activities. § 109-1.107 AECPMR.

Consultation regarding

AEC Property Management Regulations are prepared with appropriate participation of AEC Field Offices and Headquarters divisions and offices and are prescribed after concurrence of all divisions and offices, Headquarters, having a functional interest.

§ 109-1.108 Implementation and supplementation of FPMR.

(a) The AEC Property Management Regulations shall include regulations deemed necessary for business concerns, and others properly interested, to understand basic and significant AEC property management policies and procedures which implement, supplement, or deviate from the FPMR.

(b) Certain AEC property management policies and procedures which come within the scope of this chapter nevertheless are excluded from the AECPMR and shall be issued in AEC Manual chapters or appendixes, except that in the case of those functions which are the responsibility of the Division of Contracts they shall be issued as AEC Property Management Instructions (AECPMI). These exclusions include the following categories:

(1) Subject matter which bears a security classification or is "Official Use Only."

(2) Policy or procedure which is expected to be effective for a period of less than 6 months.

(3) Policy or procedure which is being instituted on an experimental basis for a reasonable period.

(4) Detailed requirements for agency

use.

(c) Where the subject matter contained in a part, subpart, or section of the FPMR requires no AEC implementation, the AECPMR (or other issuance) contains no corresponding part, subpart, section or coverage, and the FPMR material is applicable (within the meaning of § 109-1.106) as written.

§ 109-1.109 Numbering of AECPMR.

The AEC has been assigned Chapter 109 for use in publishing its implementing and supplementing regulations.

§ 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 AECPMR 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 AECPMR 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

(a) Implementation. Pertains to AEC 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 AEC 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.

(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 AEC'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 AECPR 9-1.110), shall be submitted to the head of the division or office, Headquarters, having functional responsibility. Such requests will be accompanied by an appropriate explanation and justification for the exemption, which sets forth the grounds on which compliance with the particular requirements of the Federal Property and Administrative Services Act of 1949, as amended, would impair or affect AEC programs.

109-35.202 Subpart 109-35.3-Utilization and Ordering of Telecommunications Services

Definition of major changes.

109-35.304 Changes in telephone listing. 109-35.306 Forms for telegraph messages.

Subpart

109-35.4-Contracting,

Negotiation, and Representation Involving Telecommunications Services

109-35.402 Contracting. 109-35.405

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 109-85 appear at 34 F.R. 12582, Aug. 1, 1969, unless otherwise noted.

§ 109-35.000 Scope of part.

This part prescribes AEC regulations governing telecommunications activities, which regulations implement Federal Property Management Regulations.

§ 109-35.000-50 Applicability to con

tractors.

FPMR 101-35, Telecommunications, and AECPMR 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 AEC.

(b) To all other cost-type contractors whose telecommunications costs are directly identifiable and chargeable to AEC, when such costs are considered sig

nificant and to the extent that application of AEC Manual Chapter 0270 and appendix handbook is practicable.

Subpart 109-35.1-General
Provisions

§ 109-35.107

Surveys.

Surveys of AEC communications facilities requested by GSA will be coordinated through AEC headquarters. § 109-35.108

Agency payments to com

mon carriers.

GSA will advise AEC Headquarters of its requests for common carrier bills rendered to AEC.

Subpart 109-35.2-Major Changes and New Installations

§ 109-35.202 Definition of major changes.

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 (1.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/AEC Agreement relating to communications security service provides information for GSA review in this area. No additional information need be provided by AEC with respect to facilities covered by that Agreement.

(f) Radio service. Notification to GSA may be made through the GSA member of the Interdepartment Radio Advisory Committee (IRAC). AEC 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 AEC action. GSA will review applications filed for "Telephone Action" and will informally advise AEC of recommendations, if any, within 5 working days from the date of receipt of the application from IRAC.

(g) Video and audio service. The requirements of this paragraph shall not apply to exclusively onsite equipment (i.e., in the sense that there can be no direct transmission by the equipment or channels off the site).