[Federal Register Volume 61, Number 18 (Friday, January 26, 1996)]
[Rules and Regulations]
[Pages 2634-2635]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1021]
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DEPARTMENT OF DEFENSE
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Part 15
[FAC 90-37; FAR Case 92-002; Item VII]
RIN 9000-AF74
Federal Acquisition Regulation; Subcontract Proposal Audits
AGENCIES: Department of Defense (DOD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
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SUMMARY: The Civilian Agency Acquisition Council and the Defense
[[Page 2635]]
Acquisition Regulations Council have agreed on a final rule to amend
the Federal Acquisition Regulation (FAR) to add two additional examples
of when field pricing support audits of subcontract proposals may be
appropriate. This regulatory action was not subject to Office of
Management and Budget review under Executive Order 12866, dated
September 30, 1993.
EFFECTIVE DATE: March 26, 1996.
FOR FURTHER INFORMATION CONTACT:
Mr. Jeremy Olson, at (202) 501-3221 in reference to this FAR case. For
general information, contact the FAR Secretariat, Room 4037, GS
Building, Washington, DC 20405 (202) 501-4755. Please cite FAC 90-37,
FAR case 92-002.
SUPPLEMENTARY INFORMATION:
A. Background
An amendment to the FAR was published in the Federal Register at 59
FR 14457, March 28, 1994, as a proposed rule with a request for
comments. Three responses were received. Each supported the proposed
rule.
B. Regulatory Flexibility Act
The Department of Defense, the General Services Administration, and
the National Aeronautics and Space Administration certify that this
final rule will not have a significant economic impact on a substantial
number of small entities under the Regulatory Flexibility Act, 5 U.S.C.
601, et seq., because most contracts awarded to small entities are
awarded on a competitive, fixed-price basis and certified cost or
pricing data and field pricing support are not required.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the changes to
the FAR do not impose recordkeeping or information collection
requirements, or collections of information from offerors, contractors,
or members of the public which require the approval of the Office of
Management and Budget under 44 U.S.C. 3501, et seq.
List of Subjects in 48 CFR Part 15
Government procurement.
Dated: January 11, 1996.
Edward C. Loeb,
Acting Director, Office of Federal Acquisition Policy.
Therefore, 48 CFR Part 15 is amended as set forth below:
PART 15--CONTRACTING BY NEGOTIATION
1. The authority citation for 48 CFR Part 15 continues to read as
follows:
Authority; 40 U.S.C. 486(c); 10 U.S.C. chapter 137; and 42
U.S.C. 2473(c).
2. Section 15.806-3 is amended in paragraph (a)(3) by removing
``or''; in paragraph (a)(4) by removing the period and inserting a
semicolon; and by adding paragraphs (a) (5) and (6) to read as follows:
15.806-3 Field pricing reports.
(a) * * *
(5) The contractor or higher tier subcontractor has been cited for
having significant estimating system deficiencies in the area of
subcontract pricing, especially the failure to perform adequate cost
analyses of proposed subcontract costs or to perform subcontract
analyses prior to negotiation of the prime contract with the
Government; or
(6) A lower tier subcontractor has been cited as having significant
estimating system deficiencies.
* * * * *
[FR Doc. 96-1021 Filed 1-25-96; 8:45 am]
BILLING CODE 6820-EP-M
