98-4297. Federal Acquisition Regulation; OMB Circular No. A-133

[Federal Register Volume 63, Number 35 (Monday, February 23, 1998)]
[Rules and Regulations]
[Pages 9054-9055]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-4297]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 15 and 52

[FAC 97-04; FAR Case 97-029; Item VI]
RIN 9000-AH83


Federal Acquisition Regulation; OMB Circular No. A-133

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 a final rule amending 
the Federal Acquisition Regulation (FAR) to implement revisions to 
Office of Management and Budget (OMB) Circular No. A-133, published as 
a final rule in the Federal Register at 62 FR 35277, June 30, 1997. 
This regulatory action was not subject to OMB review under Executive 
Order 12866, dated September 30, 1993, and is not a major rule under 5 
U.S.C. 804.

EFFECTIVE DATE: April 24, 1998.

FOR FURTHER INFORMATION CONTACT: The FAR Secretariat, Room 4035, GS 
Building, Washington, DC 20405 [phone] for information 
pertaining to status or publication schedules. For clarification of 
content, contact Mr. Jeremy Olson at [phone]. Please cite FAC 
97-04, FAR case 97-029.

SUPPLEMENTARY INFORMATION:

A. Background

    This final rule amends FAR 15.209 and the associated clause at FAR 
52.215-2, Audits and Records--Negotiation, Alternate II, to implement 
revisions to OMB Circular No. A-133. The circular has a new title, 
``Audits of States, Local Governments, and Non-Profit Organizations'', 
and now addresses audits of State and local Governments as well as 
audits of institutions of higher learning and other nonprofit 
organizations.

[[Page 9055]]

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. 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 should cite 5 U.S.C. 601, et seq. (FAC 97-04, FAR case 97-029), in 
correspondence.

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 Parts 15 and 52

    Government procurement.

    Dated: February 13, 1998.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.

    Therefore, 48 CFR Parts 15 and 52 are amended as set forth below:
    1. The authority citation for 48 CFR Parts 15 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 15--CONTRACTING BY NEGOTIATION

    2. Section 15.209 is amended by revising paragraph (b)(3) to read 
as follows:


15.209  Solicitation provisions and contract clauses.

* * * * *
    (b) * * *
    (3) For cost-reimbursement contracts with State and local 
Governments, educational institutions, and other nonprofit 
organizations, the contracting officer shall use the clause with its 
Alternate II.
* * * * *

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    3. Section 52.215-2 is amended by revising Alternate II to read as 
follows:


52.215-2   Audit and Records--Negotiation.

* * * * *
    Alternate II (Apr 1998). As prescribed in 15.209(b)(3), add the 
following paragraph (h) to the basic clause:
    (h) The provisions of OMB Circular No. A-133, ``Audits of 
States, Local Governments, and Nonprofit Organizations,'' apply to 
this contract.
* * * * *
[FR Doc. 98-4297 Filed 2-20-98; 8:45 am]
BILLING CODE 6820-EP-P