[Federal Register Volume 59, Number 248 (Wednesday, December 28, 1994)]
[Unknown Section]
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From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-30646]
[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 Part 32
[FAC 90-23; FAR Case 93-309; Item XXIII]
RIN 9000-AG12
Federal Acquisition Regulation; Advance Payment Reporting
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 on an amendment to the
Federal Acquisition Regulation (FAR) to remove an obsolete reporting
requirement associated with advance payments under 10 U.S.C. 2307. This
regulatory action was not subject to Office of Management and Budget
review under Executive Order 12866, dated September 30, 1993.
EFFECTIVE DATE: February 27, 1995.
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 4035, GS Building, Washington, DC 20405 (202) 501-
4755. Please cite FAC 90-23, FAR case 93-309 in correspondence.
SUPPLEMENTARY INFORMATION:
A. Background
FAR 50.203(b)(4) currently requires advance notice to Congress and
a subsequent 60-day waiting period prior to obligating the Government
under Public Law 85-804 for an amount in excess of $25 million. The
advance notice to Congress requirement currently is imposed on advance
payments under 10 U.S.C. 2307, by reference in FAR 32.402(a) to the
requirement in 50.203(b)(4). Section 1322(a)(4) of the 1991 Defense
Authorization Act (Public Law 101-510) deleted 10 U.S.C. 2307(d), which
had contained the notification and waiting period requirements for
advance payments made under the authority of 10 U.S.C. 2307. FAR
32.402(a) has been revised to delete the second sentence concerning the
limitation on advance payments prescribed at 50.203(b)(4).
B. Regulatory Flexibility Act
The final rule does not constitute a significant FAR revision
within the meaning of FAR 1.501 and Public Law 98-577, and publication
for public comments is not required. Therefore, the Regulatory
Flexibility Act does not apply. However, comments from small entities
concerning the affected FAR subpart will be considered in accordance
with 5 U.S.C. 610. Such comments must be submitted separately and cite
5 U.S.C. 601, et seq. (FAC 90-23, FAR case 93-309), in correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the final rule
does 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 32
Government procurement.
Dated: December 7, 1994.
Albert A. Vicchiolla,
Director,Office of Federal Acquisition Policy.
Therefore, 48 CFR part 32 is amended as set forth below:
PART 32--CONTRACT FINANCING
1. The authority citation for 48 CFR part 32 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).
32.402 [Amended]
2. Section 32.402(a) is amended by removing the second sentence.
[FR Doc. 94-30646 Filed 12-27-94; 8:45 am]
BILLING CODE 6820-34-P
