[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: 94-30669]
[Federal Register: December 28, 1994]
_______________________________________________________________________
Part II
Department of Defense
General Services Administration
National Aeronautics and Space Administration
_______________________________________________________________________
48 CFR Part 1, et al.
Federal Acquisition Regulations; Rules
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Chapter 1
Federal Acquisition Circular 90-23; Introduction
AGENCIES: Department of Defense (DOD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Summary presentation of final and interim rules with request
for comment, and technical amendments.
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SUMMARY: This document summarizes the FAR rules which follow it in the
order listed below. The Civilian Agency Acquisition Council and the
Defense Acquisition Regulations Council are issuing Federal Acquisition
Circular (FAC) 90-23 to amend the Federal Acquisition Regulation (FAR).
----------------------------------------------------------------------------------------------------------------
FAR DAR
Item Subject Case Case Analyst
----------------------------------------------------------------------------------------------------------------
I........................ Training for contracting personnel............... 93-604 DeStefano.
II....................... Storage of contract files........................ 91-101 91-46 Klein.
III...................... National security................................ 93-8 Scott.
IV....................... Acquisition of utility services.................. 91-13 90-471 Loeb.
V........................ Lease with option to purchase.................... 91-6 90-413 DeStefano.
VI....................... Procurement from people who are blind or severely 93-610 Scott.
disabled.
VII...................... Acquisition of helium............................ 91-9 90-415 Klein.
VIII..................... Paper and envelopes.............................. 92-622 Klein.
IX....................... Debarment, suspension, and ineligibility......... 89-89 88-96 DeStefano.
X........................ Revision to optional form 17, sealed bid label... 92-602 Scott.
XI....................... Notification of ownership changes................ 91-20 89-117 Olson.
XII...................... Certificates of competency....................... 91-107 91-88 Scott.
XIII..................... Small business competitiveness demonstration 92-302 Scott.
program (interim).
XIV...................... Small business concern representation............ 91-61 90-46 Scott.
XV....................... Prohibition of DOL implementation/administration 93-618 O'Neill.
of Davis-Bacon helper regulations pursuant to
fiscal year 1994 appropriation act.
XVI...................... Walsh-Healey definitions......................... 92-36 O'Neill.
XVII..................... Section 4(c) price adjustments................... 93-609 O'Neill.
XVIII.................... Collective Bargaining agreement, contingency 92-7 O'Neill.
clauses.
XIX...................... Cost accounting standards........................ 92-18 Olson.
XX....................... CAS applicability and thresholds................. 93-27 Olson.
XXI...................... Advance agreements, composition of total cost, 91-45 90-23 Olson.
and accounting for unallowable costs.
XXII..................... Postretirement benefits-transition costs......... 91-42 91-5 Olson.
XXIII.................... Advance payment reporting........................ 93-309 Olson.
XXIV..................... Defense production act amendments (interim)...... 93-304 O'Neill.
XXV...................... Defense Technical Information Center............. 93-29 O'Neill.
XXVI..................... Construction contracting......................... 90-62 90-448 O'Neill.
XXVII.................... Child care services (Interim).................... 91-106 91-328 Scott.
XXVIII................... Final indirect cost agreements................... 91-103 91-81 Olson.
XXIX..................... Consent to subcontract........................... 91-68 90-516 Klein.
XXX...................... Contractors' purchasing systems reviews.......... 90-53 90-453 Klein.
XXXI..................... Transfers of government property................. 90-34 90-454 Klein.
XXXII.................... Commercial bills of lading under cost- 88-56 86-102 Klein.
reimbursement contracts audit by GSA.
XXXIII................... Qualification requirements....................... 92-612 O'Neill.
XXXIV.................... Small business and small disadvantaged 92-628 Scott.
subcontracting plan.
XXXV..................... Shipments to ports and air terminals............. 91-11 90-457 O'Such.
XXXVI.................... Standard form 18, request for quotations......... 91-84 91-36 Scott.
XXXVII................... Revisions to standard forms 1414 and 1415........ 92-9 O'Such.
XXXVIII.................. Technical amendments.............................
XXXIX.................... Looseleaf amendments.............................
XL....................... Annual notice of rates of inflation.............. Olson.
----------------------------------------------------------------------------------------------------------------
DATES: For effective dates and comment dates, see separate documents
which follow. Please cite FAC 90-23 and the appropriate FAR case
number(s) in all correspondence related to the following documents.
FOR FURTHER INFORMATION CONTACT: The analyst whose name appears (in the
table above) in relation to each FAR case or subject area. For general
information, contact the FAR Secretariat, room 4037, GS Building,
Washington, DC 20405, (202) 501-4755. Please cite FAC 90-23 and
specific FAR case number(s).
SUPPLEMENTARY INFORMATION: Federal Acquisition Circular 90-23 amends
the Federal Acquisition Regulation (FAR) as specified below:
Item I--Training for Contracting Personnel (FAR Case 93-604)
Subpart 1.6 is revised by, among other things, adding language at
FAR 1.603-1, General, that addresses the requirements of the Office of
Federal Procurement Policy (OFPP) Policy Letter No. 92-3, ``Procurement
Professionalism Program Policy--Training for Contracting Personnel,
dated June 24, 1992. OFPP Policy Letter No. 92-3, contains OFPP's
standards for skill-based training in performing contracting and
purchasing duties. The above changes will implement in the FAR,
policies established by the OFPP Policy Letter.
Item II--Storage of Contract Files (FAR Case 91-101)
This final rule revises FAR Subparts 4.7 and 4.8 to permit the use
of various media (paper, electronic, microfilm, etc.) for the storage
of official contract files by contractors and contracting and contract
administration offices.
Item III--National Security (FAR Case 93-8)
FAR 5.303(a) is revised to clarify that the requirement for public
announcement of contract awards over $3 million does not apply to
contracts exempted from synopsis in the Commerce Business Daily for
reasons of national security.
Item IV--Acquisition of Utility Services (FAR Case 91-13)
A new Part 41, Acquisition of Utility Services, is added and
replaces the existing language now located at FAR Subpart 8.3. Part 41
provides uniform language pertaining to the acquisition of utilities
service which is applicable to all Executive agencies and will enable
agencies to delete most of their regulatory guidance on utilities from
their agency FAR supplements. The part includes additional guidance for
contracting officers in acquiring and administering contracts for
utility service and includes additional definitions applicable to
utility service contracts. Language was added delineating existing
statutory and delegated authority for utility service contracting and
providing for use of the standard forms to acquire utility services.
``Standard'' specification formats and annual utility service review
formats have been established for use in acquiring utility services.
Item V--Lease with Option to Purchase (FAR Case 91-6)
This final rule amends the FAR by adding paragraph 7.402(b)(4),
section 7.404, and clause 52.207-5, based on the Defense Management
Review, to include information required to support a contracting
officer's decision to use a lease with an option to purchase, and to
outline the Government's right to purchase at any time during the
performance of the contract.
Item VI--Procurement From People Who Are Blind or Severely Disabled
(FAR Case 93-610)
FAR 8.001, 8.603, Subpart 8.7, and 9.107 are amended to reflect the
Committee for Purchase From the Blind and Other Severely Handicapped
name change and revisions to the Committee's regulations.
Item VII--Acquisition of Helium (FAR Case 91-9)
The FAR is being revised at 8.002; a new subpart is being added at
Subpart 8.5; and a new clause is being added at 52.208-8, to provide
guidance on the acquisition of helium. The Helium Act (50 U.S.C. 167a
et seq.; Pub. L. 86-777) requires that all major helium requirements be
purchased from the Secretary of the Interior. The coverage will assist
Government agencies and contractors in complying with the Helium Act by
ensuring that contracting officers and contractors are aware of the
requirements for using Bureau of Mines' helium in Government contracts.
Item VIII--Paper and Envelopes (FAR Case 92-622)
Paragraph (c) of 8.802, Policy, has been revised to specify that
paper and envelopes for use by Executive agencies outside the District
of Columbia, and which are stocked by the General Services
Administration (GSA), shall be requisitioned by agencies from GSA.
Item IX--Debarment, Suspension, and Ineligibility (FAR Case 89-89)
This final rule revises Subpart 9.4 to clarify to what extent,
absent a termination by the issuing agency, an individual may place
orders against an existing contract notwithstanding a debarment,
suspension, or proposed debarment of the contractor. The rule also
clarifies that an optional (permissive) user may elect to place a
delivery order; a compelling reason determination is not required.
Item X--Sealed Bid Label (FAR Case 92-602)
FAR 14.202-3, 15.408, 53.214 and 53.215-1 are amended to permit use
of the Optional Form 17, Offer Label, to identify offers for sealed bid
and negotiated acquisitions. Use of the label is limited to envelopes
larger than 6\1/8\ inches by 11\1/2\ inches to comply with U.S. Postal
Service requirements for automation-compatible mail.
Item XI--Notification of Ownership Changes (FAR Case 91-20)
FAR 15.804-8(g) and 52.215-40, Notification of Ownership Changes,
are added to require contractors to notify the Government of changes in
contractor ownership and their effects, and to emphasize existing
recordkeeping requirements. These changes are intended to enable audit
determinations that cost increases related to contractor ownership
changes are not charged to Government contracts. The clause at 52.215-
40 requires contractors to: (i) Notify the contracting officer when a
change in contractor ownership, or a change in asset valuation or in
any other costs related to an ownership change, occurs or is pending;
and (ii) retain and continue to maintain, through successive changes in
company ownership, asset inventory records currently required under the
FAR.
Item XII--Certificates of Competency (FAR Case 91-107)
FAR 19.000(b) and 19.601 are revised to clarify the applicability
of Certificate of Competency procedures, making it clear that the
statutory requirement to refer nonresponsibility determinations to the
Small Business Administration is unrelated to a contracting agency's
location.
Item XIII--Small Business Competitiveness Demonstration Program
(FAR Case 92-302)
This interim rule implements Title II of Pub. L. 102-366, the Small
Business Credit and Business Opportunity Enhancement Act of 1992, which
revises Title VII of Pub. L. 100-656, the Small Business
Competitiveness Demonstration Program. Editorial amendments are made to
FAR 19.1001. FAR 19.1006(b)(2) is amended to specify that agencies may
reinstate the use of small business set-asides as necessary to meet
assigned goals, but only within the organizational unit(s) that failed
to meet the small business goals. FAR 19.1005(a)(3) is amended to
revise the description of Architect and Engineering services as a
Designated Industry Group.
Item XIV--Small Business Concern Representation (FAR Case 91-61)
FAR 19.502-4(b) is amended to clarify that questions regarding the
size status of offerors are matters of eligibility--not
responsiveness--and must be referred to the SBA. FAR 52.219-1 is
amended to remove the requirement for offerors to certify that all
supplies to be furnished will be manufactured by a small business in
the United States and to add a sentence to clarify that set-aside
clauses contain restrictions on the source of end items to be
furnished.
Item XV--Prohibition of Department of Labor Implementation/
Administration of Davis-Bacon Helper Regulations Pursuant to Fiscal
Year 1994 Appropriation Act (FAR Case 93-618)
The Civilian Agency Acquisition Council and the Defense Acquisition
Regulations Council are implementing in the FAR the Department of Labor
(DOL) suspension of its Davis-Bacon Act ``Helper'' regulations. The DOL
regulations were suspended on October 21, 1993. A notice of suspension
was published in the Federal Register at 58 FR 58954, November 5, 1993.
Item XVI--Walsh-Healey Definitions (FAR Case 92-36)
FAR 22.606-2(b) is revised to add a reference to the alternate
``regular dealer'' qualification requirements for information systems
integrators found in DOL regulations (41 CFR 50-201.101).
Item XVII--Section 4c Price Adjustments (FAR Case 93-609)
This final rule revises the FAR coverage at 22.1002-3, 22.1012-3,
and 22.1012-5 to clarify that the requirement for successor contractors
on contracts over $2,500, for substantially the same services performed
in the same locality, to pay wages and fringe benefits at least equal
to those contained in any bona fide collective bargaining agreement
entered into under the predecessor contract, is self-executing. The
requirement is not contingent upon incorporating a wage determination
or the wage and fringe benefit terms of the predecessor contractor's
collective bargaining agreement in the successor contract. However, the
contracting officer shall incorporate the wage and fringe benefit terms
of the collective bargaining agreement itself in contract solicitations
and may incorporate the terms or the agreement itself in other contract
actions.
Item XVIII--Collective Bargaining Agreement, Contingency Clauses
(FAR Case 92-7)
This final rule revises the coverage at FAR 22.1002-3, 22.1008-3,
and 22.1021. These changes are necessary to implement the direction
contained in DOL Memorandums No. 159 and 166 concerning contingencies
in collective bargaining agreements subject to section 4(c) of the
Service Contract Act and requests for substantial variance hearing.
This rule also makes editorial changes to more accurately reflect DOL
regulations on the Service Contract Act.
Item XIX--Cost Accounting Standards (FAR Case 92-18)
The interim rule issued in FAC 90-12, which amended the FAR based
on the Cost Accounting Standards Board's recodification of the Cost
Accounting Standards in 48 CFR Chapter 99, is converted to a final rule
with revisions.
Item XX--CAS Applicability and Thresholds (FAR Case 93-27)
The revisions to the cost accounting standards made by the Cost
Accounting Standards Board at 48 CFR Chapter 99 are incorporated into
the FAR.
Item XXI--Advance Agreements, Composition of Total Cost, and Accounting
for Unallowable Costs (FAR Case 91-45)
This final rule amends FAR 31.109, Advance agreements; 31.201-1,
Composition of total cost; and 31.201-6, Accounting for unallowable
costs. Language is added at 31.109(a) to address the use of advance
agreements to clarify allowability issues under the specific cost
principles, in order to minimize subsequent disputes. The current
phrase in 31.109(a), ``particularly for firms or their divisions that
may not be under effective competitive constraints,'' is deleted
because the determination of the reasonableness, allocability, or
allowability of a cost under the specific cost principles is not
significantly impacted by the business environment in which the
industry operates. Changes in FAR 31.201-1 include deleting the word
``allowable'' in its first sentence; redesignating the existing
paragraph as ``(a)''; and inserting a new paragraph ``(b)'' which makes
it clear that while the total cost of a contract includes all allocable
costs, the total allowable costs on a Government contract are limited
to those allocable costs which are allowable pursuant to Part 31 and
agency supplements. FAR 31.201-6(c) is revised to clarify that there is
no intended difference in the accounting and presentation of
unallowable costs between contracts which are covered by the Cost
Accounting Standards and those which are not.
Item XXII--Postretirement Benefits--Transition Costs (FAR Case 91-
42)
This item converts the interim rule concerning the treatment of
costs for postretirement benefits other than pensions (PRB) which are
attributable to employees' past service to a final rule. The interim
rule was published in the Federal Register at 56 FR 41738, August 22,
1991, as Item IX of FAC 90-7. The interim rule changed FAR 31.205-6 to
add a new paragraph (j)(3)(v), revised the first sentence of paragraph
(j)(4), redesignated the existing paragraph (o)(4) as (o)(5), and added
a new paragraph (o)(4). The final rule differs from the interim rule in
that it amends FAR 31.205-6(o)(2) to allow costs generated using the
terminal funding method permitted for CAS-covered contractors. Both
terminal funding method and cash basis (pay-as-you-go) accounting are
allowable assignment methods under CAS but are not sanctioned by
Generally Accepted Accounting Principles. It is intended that the
methods allowed by CAS for prefunding retiree insurance programs be
allowable for all contractors. Subsequent paragraphs are redesignated
as (o)(3) through (o)(6) with minor clarifications made in paragraphs
(o)(3) and (5). A change is made in the clause at 52.215-39, Reversion
or Adjustment of Plans for Postretirement Benefits Other Than Pensions
(PRB), to reflect the change in paragraph numbering at 31.205-6(o).
The amended cost principle provides guidance for any transfer of
pension funds to another employee benefit fund. In effect, the cost
principle requires any increase in current or future Government costs
for the pension fund due to such a withdrawal to be offset by
equivalent decreases in Government costs for the employee benefit fund
receiving the transfer. Transfers made without an advance agreement
shall be treated as if the contractor withdrew the funds and are
subject to 31.205-6(j)(4), and the deposit to the receiving fund is
subject to the cost allowability rules governing the receiving fund in
regards to measurement and assignment of costs. Under 31.205-6(j)(4),
the Government is entitled to its equitable share of the gross amount
withdrawn from pension fund assets. FAR 31.205-6(o)(5) limits the
allowable amount of contractor PRB transition costs for any fiscal year
to the amount which would be assigned to that year using the
amortization method described in Financial Accounting Standards Board
Statement 106. This limitation is necessary because Government fiscal
policy dictates that the past service cost element be amortized rather
than immediately recognized.
Item XXIII--Advance Payment Reporting (FAR Case 93-309)
FAR 32.402(a) is revised to delete the requirement for submitting
an advance notice to Congress prior to making an advance payment
exceeding $25 million.
Item XXIV--Defense Production Act Amendments (FAR Case 93-304)
This interim rule amends the FAR by adding FAR Subpart 34.1,
Testing, qualification and use of industrial resources developed under
Title III, Defense Production Act (DPA), to implement pertinent
provisions of the Defense Production Act Amendments of 1992 (Public Law
102-558). Title III of the DPA of 1950 authorizes various forms of
Government assistance to encourage expansion of production capacity and
supply of industrial resources essential to national defense. The DPA
Amendments of 1992 provide for the testing, qualification, and use of
industrial resources manufactured or developed with assistance provided
under Title III of the DPA. This rule expresses Government policy to
pay for such testing, and provides definitions, procedures, and a
contract clause to implement the policy.
Item XXV--Defense Technical Information Center (FAR Case 93-29)
FAR 35.010, Scientific and technical reports, is revised to delete
address information and language instructing DoD contractors to send
copies of scientific and technical reports resulting from DoD contracts
to Defense Technical Information Center (DTIC). In addition, the
address for the National Technical Information Service is updated.
Item XXVI--Construction Contracting (FAR Case 90-62)
This final rule revises FAR Parts 36 and 52 by including a new
section at 36.212, Preconstruction orientation, inserting a new clause
at 52.236-26, Preconstruction conference, and a new provision at
52.236-27, Site Visit (Construction). The new clause and provision have
previously been used by military activities and are considered to be
beneficial to contractors as well as civilian and defense agencies.
Item XXVII--Child Care Services (FAR Case 91-106)
This interim rule amends FAR Part 37 to implement 42 U.S.C. 13041
by adding a definition of ``child care services'' at 37.101 and adding
language at 37.103(d) requiring contracting officers to ensure that
contracts for child care services include requirements for criminal
history background checks on employees who will perform child care
services.
Item XXVIII--Final Indirect Cost Agreements (FAR Case 91-103)
FAR 42.705-2 and 52.216-13 are amended 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.
Item XXIX--Consent to Subcontract (FAR Case 91-68)
FAR 44.201, 44.204, 52.244-1, and 52.244-2 are revised to eliminate
the exception for contracting officer consent for major systems and
subsystems. Instead, contracting officers are allowed to specify in the
contract schedule all subcontracts for major systems, subsystems, or
components needing special surveillance, for which consent to
subcontract must be obtained by the prime contractor.
Item XXX--Contractors' Purchasing Systems Reviews (FAR Case 90-53)
This final rule provides revisions to 44.302(b) and paragraphs (a)
and (b) of 44.304. These revisions are in keeping with efforts to
streamline the acquisition process and eliminate regulatory burdens on
both contracting officers and contractors.
Item XXXI--Transfers of Government Property (FAR Case 90-34)
This final rule revises the FAR at 45.311 and 45.603 to ensure that
Government property is transferred and documented properly.
Item XXXII--Commercial Bills of Lading Under Cost-Reimbursement
Contracts Audit by GSA (FAR Case 88-56)
FAR 47.104-4 is amended to prescribe the added clause at 52.247-67,
Submission of Commercial Transportation Bills to the General Services
Administration for Audit, in solicitations and contracts when a cost-
reimbursement contract is contemplated and the contract or a first-tier
cost-reimbursement subcontract thereunder will authorize reimbursement
of transportation as a direct charge to the contract or subcontract.
Item XXXIII--Qualification Requirements (FAR Case 92-612)
FAR 52.209-1(e) is revised to allow offerors to submit evidence of
qualification prior to award of the contract, rather than with their
offers. This change corrects an inconsistency between paragraphs (b)
and (e) of the clause highlighted by the decision in Gardner Zemke
Company, Comptroller General Decision B-238334, April 5, 1990.
Item XXXIV--Small Business and Small Disadvantaged Business
Subcontracting Plan (FAR Case 92-628)
FAR 52.219-9 is amended to state that a firm may rely on the
information contained in the SBA Procurement Automated Source System
(PASS) as an accurate representation of a concern's size and ownership
characteristics for purposes of maintaining a small business source
list and as its source list.
Item XXXV--Shipments to Ports and Air Terminals (FAR Case 91-11)
The provision at 52.247-51, Evaluation of Export Offers, now
requires contracting officers to publish, with the solicitation, any
available information on port handling and ocean charges for DoD water
terminals. Several editorial and minor technical changes were also made
to the provision.
Item XXXVI--Standard Form 18, Request for Quotation (FAR Case 91-
84)
Standard Form 18, Request for Quotations, at 53.301-18, is revised
by deleting the Small Business Concern Representation and the Notice of
Small Business Small Purchase Set-Aside from the reverse of the form,
and by adding the Standard Industrial Classification Code and small
business size standard to the face of the form. Corresponding changes
were made to the face of the form for the contracting officer to
indicate whether the Request for Quotations is a small business small
purchase set-aside and whether additional provisions and
representations are attached. Current versions of the two provisions
should be attached, when appropriate.
Item XXXVII--Revisions to Standard Form 1414 and 1415 (FAR Case 92-
9)
Standard Form 1414, Consent of Surety, and Standard Form 1415,
Consent of Surety and Increase of Penalty, are revised to accommodate
consents by individual sureties and to provide space for dates of
execution.
Item XXXVIII--Technical Amendments
Technical amendments have been made to FAR 1.105 to update the list
of OMB approvals under the Paperwork Reduction Act.
Item XXXIX--Looseleaf Amendments
The following amendments are to the looseleaf edition of the FAR:
1. In 52.301, the Provision and Clause Matrix is reissued in its
entirety with the following amendments:
------------------------------------------------------------------------
Provision or clause Amendment to matrix
------------------------------------------------------------------------
52.215-30-....................... In ``UCF'' Column , remove ``I'',
insert ``L'.
52.216-1-........................ In ``IBR column'' remove ``Yes'',
insert ``No''.
52.219-15-....................... In ``IBR column'' remove ``Yes'',
insert ``No''.
52.219-22-....................... In ``UCF'' column, remove ``K'',
insert ``L''.
Alternate I following 52.222-35-. In ``Prescribed In'' column, remove
``22.1308(c)'' and insert
``22.1308(a)''.
52.225-8 and 52.225-9-........... In ``Prescribed In'' columns, remove
``25.407(a)(1)'' and
``25.407(a)(2)'', and insert
``25.408(a)(1) and 25.408(a)(2),
respectively.
52.225-16 -...................... In ``P or C'' column, remove ``C'',
insert ``P''; and in ``UCF'' column,
remove ``I'', insert ``k''.
52.225-18 and 52.225-19-......... In ``SP'' column, remove ``A'' both
times it appears.
52.227-2-........................ In ``FP Con'' column, add ``A''.
52.232-1......................... In ``LMV'' column, remove ``R''.
52-233-1-........................ In ``Prescribed in'' column remove
``33.214'' and insert'' 33.215''.
------------------------------------------------------------------------
2. The Corrections and Subscriptions Problems page found at the end
of the FAR is reissued due to revisions in references and format.
Item XL--Annual Notice of Rates of Inflation
The Civilian Agency Acquisition Council and the Defense Acquisition
Regulations Council have agreed to publish as an information item, the
rates of inflation which are used in conjunction with other factors to
determine the allowability of IR&D/B&P costs for major contractors
under 31.205-18(c)(2)(i)(C)(2). These rates were issued by the
Department of Defense Principal Deputy Comptroller in January 1994.
Federal Acquisition Circular 90-13, FAR Case 91-37, Item VII,
published in the Federal Register at 57 FR 44264, September 24, 1992,
provided the rates of inflation which were to be used to determine the
allowability of IR&D/B&P costs for major contractors during the 3-year
transition period FY 1993 through 1995. FAR 31.205-18(c)(2)(i)(C)(2)
states that the annual rates of inflation will be published in the
Federal Register on an annual basis.
FAC 90-20, published in the Federal Register at 59 FR 11370, March
10, 1994, provided the rates of inflation for FY 1993 through 1996. The
following rates of inflation are effective immediately, supersede those
published in the Federal Register on March 10, 1994, and shall remain
in effect until superseded by the next publication:
------------------------------------------------------------------------
Annual
Fiscal year percentage rate
------------------------------------------------------------------------
1993.................................................. 2.6
1994.................................................. 2.7
1995.................................................. 2.9
1996.................................................. 3.0
1997.................................................. 3.0
------------------------------------------------------------------------
Dated: December 7, 1994.
Albert A. Vicchiolla,
Director, Office of Federal Acquisition Policy.
Federal Acquisition Circular
Number 90-23
Unless otherwise specified, all Federal Acquisition Regulation
(FAR) and other directive material contained in FAC 90-23 are effective
February 27, 1995, except for the following items:
Items XIII, XXIV, XXVII, and XXXVIII, which are effective December
28, 1994; and
Item XX, which is effective February 27, 1995, except for specific
amendments, effective November 4, 1993, which are noted in the
EFFECTIVE DATE.
Dated: September 19, 1994.
Arthur E. Ronkovich,
Acting Associate Administrator, Office of Acquisition Policy, (GSA).
Dated: September 16, 1994.
Deidre A. Lee,
Associate Administrator for Procurement, NASA.
Dated: October 4, 1994.
Eleanor R. Spector,
Director, Defense Procurement.
[FR Doc. 94-30669 Filed 12-27-94; 8:45 am]
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