[Federal Register Volume 59, Number 59 (Monday, March 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-6898]
[Federal Register: March 28, 1994]
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DEPARTMENT OF DEFENSE
48 CFR Parts 42 and 52
[FAR Case 91-103]
Federal Acquisition Regulation; Final Indirect Cost Agreements
AGENCIES: Department of Defense (DOD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Proposed rule.
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SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council are proposing to revise the Federal
Acquisition Regulation (FAR) and the clause, Allowable Cost and
Payment--Facilities, 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. This regulatory action was not subject
to Office of Management and Budget review pursuant to Executive Order
No. 12866 dated September 30, 1993.
DATES: Comments should be submitted on or before May 27, 1994 to be
considered in the formulation of a final rule.
ADDRESSES: Interested parties should submit written comments to:
General Services Administration, FAR Secretariat (VRS), 18th & F
Streets, NW., room 4037, Washington, DC 20405.
Please cite FAR case 91-103 in all correspondence related to this
case.
FOR FURTHER INFORMATION CONTACT: Mr. Jeremy Olson at (202) 501-3221 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 FAR case 91-103.
SUPPLEMENTARY INFORMATION:
A. Background
Negotiation of final indirect cost agreements do not represent
contract modifications or changes, but rather the implementation of
pre-existing contract terms. Accordingly, certification is not required
by the provisions of the Truth in Negotiations Act, as amended (10
U.S.C. 2306a and 41 U.S.C. 254(d)).
B. Regulatory Flexibility Act
The proposed rule is not expected to 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 most
contracts awarded to small entities are awarded on a competitive,
fixed-price basis and the requirements for certified cost or pricing
data do not apply. An Initial Regulatory Flexibility Analysis has,
therefore, not been performed. 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. (FAR case 91-103), in correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the proposed
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. Existing
approvals of information collection requirements under OMB control
numbers 9000-0013 and 9000-0069 correspond to this rule; however, this
proposed rule has an insignificant impact on the requirements.
List of Subjects in 48 CFR Parts 42 and 52
Government procurement.
Dated: March 18, 1994.
Albert A. Vicchiolla,
Director, Office of Federal Acquisition Policy.
Therefore, it is proposed that 48 CFR parts 42 and 52 be amended as
set forth below:
1. The authority citation for 48 CFR parts 42 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. 2423(c).
PART 42--CONTRACT ADMINISTRATION
42.705-2 [Amended]
2. Section 42.705-2 is amended by removing paragraph (b)(2)(ii) and
redesignating paragraphs (b)(2)(iii) through (b)(2)(vi), as (b)(2)(ii)
through (b)(2)(v), respectively.
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
52.216-13 [Amended]
3. Section 52.216-13 is amended by revising the date in the heading
of the clause to read ``(DATE)'', and in paragraph (c)(2) of the clause
by removing the last sentence.
[FR Doc. 94-6898 Filed 3-25-94; 8:45 am]
BILLING CODE 6820-34-M
