[Federal Register Volume 60, Number 198 (Friday, October 13, 1995)]
[Proposed Rules]
[Pages 53320-53321]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-25344]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
48 CFR Part 231
[DFARS Case 95-D714]
Defense Federal Acquisition Regulation Supplement; Cost
Principles
agency: Department of Defense (DoD).
action: Proposed rule with request for comment.
-----------------------------------------------------------------------
summary: The Director of Defense Procurement is proposing to amend the
Defense Federal Acquisition Regulation Supplement (DFARS) to implement
provisions of the Federal Acquisition Streamlining Act of 1994
pertaining to legislative lobbying costs.
dates: Comments on the proposed rule should be submitted in writing to
the address shown below on or before December 12, 1995 to be considered
in the formulation of the final rule.
addresses: Interested parties should submit written comments to:
Defense Acquisition Regulations Council, PDUSD(A&T)DP(DAR), IMD 3D139,
3062 Defense Pentagon, Washington, DC 20301-3062. Telefax number (703)
602-0350. Please cite DFARS Case 95-D714 in all correspondence related
to this issue.
for further information contact: Mr. Clarence Belton, Cost Principles
Team Leader, at (703) 602-2357. Please cite DFARS Case 95-D714.
SUPPLEMENTARY INFORMATION:
A. Background
The Federal Acquisition Streamlining Act of 1994, Pub. L. 103-355,
(``the Act'') provides authorities that streamline the acquisition
process and minimize burdensome government-unique requirements.
This proposed rule implements Section 7202 of the Act (codified at
10 U.S.C. 2247). Section 7202 prohibits the expenditure of funds to
assist any DoD contractor in preparing any material, report, list, or
analysis, with respect to
[[Page 53321]]
the actual or projected economic or employment impact in a particular
State or congressional district of an acquisition program for which all
research, development, testing, and evaluation has not been completed.
Similar statutory language has been included in annual Defense
appropriations acts and is presently implemented at DFARS 231.205-
22(a), as a cost principle applicable to commercial organizations. This
proposed rule expands the applicability of the cost principle to
educational institutions; State, local, and federally recognized Indian
tribal governments; and nonprofit organizations; as the statutory
prohibition applies to all DoD contractors.
B. Regulatory Flexibility Act
The proposed rule is not expected to have a significant economic
impact on a substantial number of small entities within the meaning of
the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., because most
contracts awarded to small businesses are awarded competitively on a
firm-fixed-price basis and, therefore, are not subject to DFARS cost
principles. An initial regulatory flexibility analysis, therefore, has
not been performed. Comments from small entities concerning the
affected DFARS subparts will be considered in accordance with Section
610 of the Act. Such comments must be submitted separately and cite
DFARS Case 95-D714 in correspondence.
C. The Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the proposed
rule does not impose recordkeeping or information collection
requirements 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 231
Government procurement.
Michele P. Peterson,
Executive Editor, Defense Acquisition Regulations Council.
Therefore, 48 CFR Part 231 is proposed to be amended as follows:
1. The authority citation for 48 CFR Part 231 continues to read as
follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
PART 231--CONTRACT COST PRINCIPLES AND PROCEDURES
2. Section 231.205-22 is revised to read as follows:
231.205-22 Legislative lobbying costs.
(a) Preparing any material, report, list, or analysis on the actual
or projected economic or employment impact in a particular State or
congressional district of an acquisition program for which all
research, development, testing, and evaluation has not been completed
(10 U.S.C. 2247).
3. Section 231.303 is amended by adding paragraph (4) to read as
follows:
231.303 Requirements.
* * * * *
(4) Under 10 U.S.C. 2247, the costs cited in 231.205-22(a) are
unallowable.
4. Section 231.603 is amended by adding paragraph (3) to read as
follows:
231.603 Requirements.
* * * * *
(3) Under 10 U.S.C. 2247, the costs cited in 231.205-22(a) are
unallowable.
5. Section 231.703 is amended by adding paragraph (3) to read as
follows:
231.703 Requirements.
* * * * *
(3) Under 10 U.S.C. 2247, the costs cited in 231.205-22(a) are
unallowable.
[FR Doc. 95-25344 Filed 10-12-95; 8:45 am]
BILLING CODE 5000-04-M
