[Federal Register Volume 62, Number 51 (Monday, March 17, 1997)]
[Rules and Regulations]
[Pages 12691-12692]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-6310]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 3 and 52
[FAC 90-46; FAR Case 96-300; Item I]
RIN 9000-AH06
Federal Acquisition Regulation; Gratuities
AGENCIES: Department of Defense (DOD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Interim rule adopted as final.
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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 exempt solicitations and
contracts which do not exceed the simplified acquisition threshold from
the prescribed use of the clause relating to gratuities.This regulatory
action was not subject to Office of Management and Budget review under
Executive Order 12866, dated September 30, 1993. This is not a major
rule under 5 U.S.C. 804.
DATES: Effective May 16, 1997.
FOR FURTHER INFORMATION CONTACT: Mr. Paul Linfield at (202) 501-1757 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 90-46, FAR case 96-300.
SUPPLEMENTARY INFORMATION:
A. Background
The interim rule published as Item III of Federal Acquisition
Circular 90-40 in the Federal Register at 61 FR 39199, July 26, 1996,
is adopted as final without change. The interim rule implemented
Section 801 of the National Defense Authorization Act for Fiscal Year
1996 (Public Law 104-106). Section 801 amended 10 U.S.C. 2207,
generally referred to as the Gratuities Act, to exempt contracts which
do not exceed the simplified acquisition threshold from application of
the Gratuities Act. Therefore, the clause at 52.203-3, Gratuities, is
prescribed for inclusion in only those contracts which exceed the
simplified acquisition threshold.
B. Regulatory Flexibility Act
The Department of Defense, the General Services Administration, and
the National Aeronautics and Space Administration certify that this
final rule will not have a significant economic impact on a substantial
number of small entities within the meaning of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq., because only a small number of
Federal contractors have been subject to action under the Gratuities
clause.
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
[[Page 12692]]
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 3 and 52
Government procurement.
Dated: March 7, 1997.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.
Interim Rule Adopted as Final Without Change
Accordingly, the interim rule amending 48 CFR Parts 3 and 52 which
was published at 61 FR 39199 on July 26, 1996, is adopted as a final
rule without change.
Authority: 40 U.S.C. 486(c); 10 U.S.C. chapter 137; and 42
U.S.C. 2473(c).
[FR Doc. 97-6310 Filed 3-14-97; 8:45 am]
BILLING CODE 6820-EP-P
