[Federal Register Volume 59, Number 47 (Thursday, March 10, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-4392] [[Page Unknown]] [Federal Register: March 10, 1994] ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE 48 CFR Part 25 [FAC 90-20; FAR Case 92-47; Item XI] Federal Acquisition Regulation; Examination of Records AGENCIES: Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Final rule. ----------------------------------------------------------------------- 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 state that the requirement to notify Congress when the Examination of Records clause is omitted from a contract with a foreign contractor, does not apply to the Department of Defense. EFFECTIVE DATE: May 9, 1994. FOR FURTHER INFORMATION CONTACT: Mr. Peter O'Such at (202) 501-1759 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 90-20, FAR case 92-47. SUPPLEMENTARY INFORMATION: A. Background Section 1301(9) of the Fiscal Year 1991 DOD Authorization Act amends section 2312 of title 10, United States Code, repealing the requirement for the Department of Defense to notify Congress when the authority to omit the Examination of Records clause is exercised. 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 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 90-20, FAR case 92-47), 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 collection of information from offerors, contractors, or members of the public which require the approval of OMB under 44 U.S.C. 3501, et seq. List of Subjects in 48 CFR Part 25 Government procurement. Dated: February 15, 1994. Albert A. Vicchiolla, Director, Office of Federal Acquisition Policy. Therefore, 48 CFR part 25 is amended as set forth below: PART 25--FOREIGN ACQUISITION 1. The authority citation for 4 CFR part 25 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). 2. Section 25.901 is amended by revising paragraph (c) to read as follows: 25.901 Omission of examination of records clause. * * * * * (c) Conditions for omission. (1) The contracting officer may omit the clause at 52.215-1, Examination of Records by Comptroller General, from contracts with foreign contractors-- (i) If the agency head determines, with the concurrence of the Comptroller General or a designee, the omission of the clause will serve the public interest; or (ii) If the contractor is a foreign government or agency thereof or is precluded by the laws of the country involved from making its books, documents, papers, or records available for examination, and the agency head determines, after taking into account the price and availability of the property or services from domestic sources, that omission of the clause best serves the public interest. (2) When a determination under subparagraph (c)(1)(ii) of this section is the basis for omission of the clause at 52.215-1, Examination of Records by Comptroller General, the agency head shall forward a written report to the Congress explaining the reasons for the determination; except that this requirement is not applicable to the Department of Defense * * * * * [FR Doc. 94-4392 Filed 3-9-94; 8:45 am] BILLING CODE 6820-34-M
