[Federal Register Volume 59, Number 248 (Wednesday, December 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-30641]
[Federal Register: December 28, 1994]
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DEPARTMENT OF DEFENSE
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 42 and 52
[FAC 90-23; FAR Case 91-103; Item XXVIII]
RIN 9000-AF68
Federal Acquisition Regulation; Final Indirect Cost Agreements
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
Acquisition Regulations Council have agreed to amend the Federal
Acquisition Regulation (FAR) to eliminate the requirements for
contractors to execute a Certificate of Current Cost or Pricing Data in
conjunction with final indirect cost agreements on facilities contracts
and for auditors to obtain a certificate under auditor determination
procedures for final indirect cost rates. This regulatory action was
not subject to Office of Management and Budget review under Executive
Order No. 12866 dated September 30, 1993.
EFFECTIVE DATE: February 27, 1995.
FOR FURTHER INFORMATION CONTACT: Mr. Jeremy F. 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 90-23, FAR case 91-103 in correspondence.
SUPPLEMENTARY INFORMATION:
A. Background
Proposed amendments to FAR 42.705-2 and the clause at 52.216-13
were published in the Federal Register at 59 FR 14459, March 28, 1994,
requesting comments. Three responses were received. Each supported the
proposed rule. One commentator made a recommendation for additional
revisions, which the Councils considered unnecessary. The Councils
agreed to a final rule, with no change to the proposed rule previously
published.
B. Regulatory Flexibility Act
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 the
requirements for certified cost or pricing data do not apply.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the revisions 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. Existing approvals of information
collection requirements under OMB control numbers 9000-0013 and 9000-
0069 correspond to this rule. The rule merely deletes a certificate
requirement. Certifications are exempt under 5 CFR 1320.7(j)(1) from
the requirement.
List of Subjects in 48 CFR Parts 42 and 52
Government procurement.
Dated: December 7, 1994.
Albert A. Vicchiolla,
Director, Office of Federal Acquisition Policy.
Therefore, 48 CFR parts 42 and 52 are amended as set forth below:
1. The authority citation for 48 CFR parts 42 and 52 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).
PART 42--CONTRACT ADMINISTRATION
42.705-2 [Amended]
2. Section 42.705-2 is amended by removing paragraph (b)(2)(ii) and
redesignating paragraphs (b)(2)(iii) through (b)(2)(vi), as (b)(2)(ii)
through (b)(2)(v), respectively.
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
52.216-13 [Amended]
3. Section 52.216-13 is amended by revising the date in the heading
of the clause to read ``(FEB 1995)'', and in paragraph (c)(2) of the
clause by removing the last sentence.
[FR Doc. 94-30641 Filed 12-27-94; 8:45 am]
BILLING CODE 6820-34-P
