Rule2025-12557
Department of Energy Acquisition Regulation
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 7, 2025
Effective
July 7, 2025
Issuing agencies
Energy Department
Abstract
The U.S. Department of Energy (DOE) is publishing this technical amendment to reinstate text that was deleted from the Department of Energy Acquisition Regulation (DEAR) in error when the DEAR was revised through a final rule in November 2024, and effective December 13, 2024. The deleted text was adopted through previous rulemakings, and because the text is still applicable to the DEAR, this technical amendment is necessary to ensure the regulation in its entirety is reported in the Code of Federal Regulations. By reinstating this text, the regulation on access to and ownership of records will clearly state which records are considered contractor-owned records.
Full Text
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<title>Federal Register, Volume 90 Issue 127 (Monday, July 7, 2025)</title>
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[Federal Register Volume 90, Number 127 (Monday, July 7, 2025)]
[Rules and Regulations]
[Pages 29773-29774]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-12557]
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DEPARTMENT OF ENERGY
48 CFR Chapter 9
RIN 1991-AC17
Department of Energy Acquisition Regulation
AGENCY: Department of Energy.
ACTION: Final rule; technical amendment.
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SUMMARY: The U.S. Department of Energy (DOE) is publishing this
technical amendment to reinstate text that was deleted from the
Department of Energy Acquisition Regulation (DEAR) in error when the
DEAR was revised through a final rule in November 2024, and effective
December 13, 2024. The deleted text was adopted through previous
rulemakings, and because the text is still applicable to the DEAR, this
technical amendment is necessary to ensure the regulation in its
entirety is reported in the Code of Federal Regulations. By reinstating
this text, the regulation on access to and ownership of records will
clearly state which records are considered contractor-owned records.
DATES: The effective date of this technical amendment is July 7, 2025.
FOR FURTHER INFORMATION CONTACT:
Mr. Jason Passaro, U.S. Department of Energy, Office of Management,
Office of Acquisition Management (MA-61), 1000 Independence Avenue SW,
Washington, DC 20585-0121. Telephone: (240) 364-4062. Email:
<a href="/cdn-cgi/l/email-protection#c6aca7b5a9a8e8b6a7b5b5a7b4a986aeb7e8a2a9a3e8a1a9b0"><span class="__cf_email__" data-cfemail="553f34263a3b7b2534262634273a153d247b313a307b323a23">[email protected]</span></a>.
Ms. Ani Esenyan, U.S. Department of Energy, Office of the General
Counsel, Forrestal Building (GC-33), 1000 Independence Avenue SW,
Washington, DC 20585. Telephone: (202) 586-4798. Email:
<a href="/cdn-cgi/l/email-protection#50313e397e3523353e29313e1038217e343f357e373f26"><span class="__cf_email__" data-cfemail="fe9f9097d09b8d9b90879f90be968fd09a919bd0999188">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
On November 13, 2024, DOE published a final rule that
comprehensively revised its Acquisition Regulation in order to update
and streamline the policies, procedures, provisions and clauses that
are applicable to DOE's contracts (``November 2024 Final Rule''). 89 FR
89720. The rulemaking updated or eliminated coverage that is obsolete
or that unnecessarily duplicates the Federal Acquisition Regulation
(FAR) and retained only that coverage which either implements or
supplements the FAR for the award and administration of the DOE's
contracts. The rule added several new clauses and amended several
existing clauses in order to promote more uniform application of the
DOE's contract award and administration policies.
II. Need for Correction
The November 2024 Final Rule in error provided amendatory
instructions which resulted in deletion of text from 48 CFR 970.5204-
3(b) that was not intended to be removed through the rulemaking. The
deleted text, 48 CFR 970.5204-3(b)(2)-(5), was initially adopted in
2005 (70 FR 37016) and amended in 2009 (74 FR 36374) and 2014 (79 FR
56285). Through this technical amendment, DOE is reinstating 48 CFR
970.5204-3(b)(2)-(5) as adopted in the 2014 rulemaking as the November
2024 Final Rule never intended to remove this text from the
regulations. Without reinstating this text, the records that are deemed
contractor-owned records significantly decrease. It would leave open to
interpretation whether these types of records would be Federal records
subject to Federal records management requirements, as opposed to
contractor-owned records. This technical amendment is necessary to
ensure that regulation in its entirety is reported in the Code of
Federal Regulations.
III. Procedural Issues and Regulatory Review
Pursuant to the Administrative Procedure Act, 5 U.S.C.
553(b)(3)(B), DOE finds that there is good cause not to issue a
separate notice to solicit public comment on the change made by this
rule. This rule reinstates language that was removed in error.
Additionally, the reinstated language was adopted pursuant to notice-
and-comment and no changes have been made to the reinstated language in
this rule. Therefore, issuing a separate notice to solicit public
comment is unnecessary and serves no useful purpose.
As such, this rule is not subject to the 30-day delay in effective
date requirement of 5 U.S.C. 553(d) otherwise applicable to rules that
make substantive changes.
VI. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of this final
rule; technical amendment.
List of Subjects in 48 CFR Part 970
Accounting, Classified information, Drug abuse, Government
procurement, Insurance, Labor, Minority businesses, Reporting and
recordkeeping requirements, Small businesses, Surety bonds, Taxes,
Whistleblowing, Women.
[[Page 29774]]
Signing Authority
This document of the Department of Energy was signed on June 30,
2025, by William J. Quigley, Deputy Associate Administrator,
Partnership and Acquisition Services, National Nuclear Security
Administration, pursuant to delegated authority from the Administrator,
National Nuclear Security Administration, and Janella Davis, Acting
Director, Office of Acquisition Management, Department of Energy,
pursuant to delegated authority from the Secretary of Energy. These
documents with the original signature and date are maintained by DOE/
NNSA. For administrative purposes only, and in compliance with
requirements of the Office of the Federal Register, the undersigned DOE
Federal Register Liaison Officer has been authorized to sign and submit
the document in electronic format for publication, as an official
document of the Department of Energy. This administrative process in no
way alters the legal effect of this document upon publication in the
Federal Register.
Signed in Washington, DC, on July 2, 2025.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
For the reasons set forth in the preamble, DOE amends part 970 of
chapter 9 of title 48 of the Code of Federal Regulations, as set forth
below:
PART 970--DOE MANAGEMENT AND OPERATING CONTRACTS
0
1. The authority citation for part 970 continues to read as follows:
Authority: 42 U.S.C. 2201; 2282a; 2282b; 2282c; 42 U.S.C. 7101
et seq.; 50 U.S.C. 2401 et seq.
0
2. Amend section 970.5204-3 by revising paragraph (b) of the clause to
read as follows:
Sec. 970.5204-3 Access to and ownership of records.
* * * * *
(b) Contractor-owned records. The following records are considered
the property of the contractor and are not within the scope of
paragraph (a) of this clause.
(1) Employment-related records (such as worker's compensation
files; employee relations records, records on salary and employee
benefits; drug testing records, labor negotiation records; records on
ethics, employee concerns; records generated during the course of
responding to allegations of research misconduct; records generated
during other employee related investigations conducted under an
expectation of confidentiality; employee assistance program records;
and personnel and medical/health-related records and similar files),
and non-employee patient medical/health-related records, except those
records described by the contract as being operated and maintained by
the Contractor in Privacy Act system of records.
(2) Confidential contractor financial information, internal
corporate governance records and correspondence between the contractor
and other segments of the contractor located away from the DOE facility
(i.e., the contractor's corporate headquarters);
(3) Records relating to any procurement action by the contractor,
except for records that under 48 CFR 970.5232-3 are described as the
property of the Government; and
(4) Legal records, including legal opinions, litigation files, and
documents covered by the attorney-client and attorney work product
privileges; and
(5) The following categories of records maintained pursuant to the
technology transfer clause of this contract:
(i) Executed license agreements, including exhibits or appendices
containing information on royalties, royalty rates, other financial
information, or commercialization plans, and all related documents,
notes and correspondence.
(ii) The contractor's protected Cooperative Research and
Development Agreement (CRADA) information and appendices to a CRADA
that contain licensing terms and conditions, or royalty or royalty rate
information.
(iii) Patent, copyright, mask work, and trademark application files
and related contractor invention disclosures, documents and
correspondence, where the contractor has elected rights or has
permission to assert rights and has not relinquished such rights or
turned such rights over to the Government.
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[FR Doc. 2025-12557 Filed 7-3-25; 8:45 am]
BILLING CODE 6450-01-P
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