[Federal Register Volume 63, Number 35 (Monday, February 23, 1998)]
[Rules and Regulations]
[Pages 9060-9061]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-4302]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 30 and 52
[FAC 97-04; FAR Case 97-025; Item XI]
RIN 9000-AH88
Federal Acquisition Regulation; Administrative Changes to Cost
Accounting Standards (CAS) Applicability
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 conform to changes made to
the Cost Accounting Standards (CAS) Board rules and regulations. This
regulatory action was not subject to Office of Management and Budget
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 (202) 501-4755 for information
pertaining to status or publication schedules. For clarification of
content, contact Ms. Linda Nelson, Procurement Analyst, at (202) 501-
1900. Please cite FAC 97-04, FAR case 97-025.
SUPPLEMENTARY INFORMATION:
A. Background
On July 29, 1996, the CAS Board published an interim rule,
Applicability of CAS Coverage, in the Federal Register (61 FR 39360).
The CAS rule implemented Section 4205 of Public Law 104-106, the
Clinger-Cohen Act of 1996, by revising the criteria for application of
CAS to negotiated Federal contracts. The interim rule revised the
solicitation provision at 48 CFR 9903.201-3, Cost Accounting Standards
Notices and Certifications, and the contract clause at 48 CFR 9903.201-
4, Cost Accounting Standards--Educational Institutions, to reflect
these changes.
This final FAR rule amends Part 52 to conform the solicitation
provision at FAR 52.230-1, Cost Accounting Standards Notices and
Certification, and the contract clause at FAR 52.230-5, Cost Accounting
Standards--Educational Institution, to the corresponding CAS Board
contract clauses at 48 CFR 9903.201-3 and 9903.201-4. In addition, FAR
30.101, CAS, is amended to reflect the current contents of the CAS
Board regulations.
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 subparts 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
97-025), 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 30 and 52
Government procurement.
Dated: February 13, 1998.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.
Therefore, 48 CFR Parts 30 and 52 are amended as set forth below:
1. The authority citation for 48 CFR Parts 30 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 30--COST ACCOUNTING STANDARDS ADMINISTRATION
2. Section 30.101 is amended by revising paragraph (c) to read as
follows:
30.101 Cost Accounting Standards.
* * * * *
(c) The appendix to the FAR loose-leaf edition contains--
(1) Cost Accounting Standards and Cost Accounting Standards Board
Rules and Regulations Recodified by the Cost
[[Page 9061]]
Accounting Standards Board at 48 CFR Chapter 99; and
(2) The following preambles:
(i) Part I--Preambles to the Cost Accounting Standards Published by
the Cost Accounting Standards Board.
(ii) Part II--Preambles to the Related Rules and Regulations
Published by the Cost Accounting Standards Board.
(iii) Part III--Preambles Published under the FAR System.
* * * * *
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
3. Section 52.230-1 is amended by revising the provision date and
paragraph (a) to read as follows:
52.230-1 Cost Accounting Standards Notices and Certification.
* * * * *
Cost Accounting Standards Notices and Certification (Apr 1998)
* * * * *
(a) Any contract in excess of $500,000 resulting from this
solicitation will be subject to the requirements of the Cost
Accounting Standards Board (48 CFR Chapter 99), except for those
contracts which are exempt as specified in 48 CFR 9903.201-1.
* * * * *
4. Section 52.230-5 is amended by revising the clause date and
paragraphs (d)(1) and (d)(2); and by adding (d)(3) to read as follows:
52.230-5 Cost Accounting Standards--Educational Institution.
* * * * *
Cost Accounting Standards--Educational Institution (Apr 1998)
* * * * *
(d) * * *
(1) If the subcontract is awarded to a business unit which
pursuant to 48 CFR 9903.201-2 is subject to other types of CAS
coverage, the substance of the applicable clause set forth in 48 CFR
9903.201-4 shall be inserted;
(2) This requirement shall apply only to negotiated subcontracts
in excess of $500,000; and
(3) The requirement shall not apply to negotiated subcontracts
otherwise exempt from the requirement to include a CAS clause as
specified in 48 CFR 9903.201-1.
(End of clause)
[FR Doc. 98-4302 Filed 2-20-98; 8:45 am]
BILLING CODE 6820-EP-P
