[Federal Register Volume 61, Number 120 (Thursday, June 20, 1996)]
[Rules and Regulations]
[Page 31665]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14547]
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DEPARTMENT OF DEFENSE
48 CFR Part 52
[FAC 90-39; FAR Case 92-001; Item XXXII]
RIN 9000-AG94
Federal Acquisition Regulation; Inspection Clauses--Fixed Price
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 to clarify
certain Federal Acquisition Regulation (FAR) Inspection clauses
pertaining to quality assurance by replacing the words ``without
additional charge'' with the words ``at no increase in contract
price.'' 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: August 19, 1996.
FOR FURTHER INFORMATION CONTACT: Ms. Linda Klein at (202) 501-3775 in
reference to this FAR case. For general information, contact the FAR
Secretariat, Room 4035, GS Building, Washington, DC 20405 (202) 501-
4755. Please cite FAC 90-39, FAR case 92-001.
SUPPLEMENTARY INFORMATION:
A. Background
An amendment to FAR 52.246-4 published in Federal Acquisition
Circular 90-09 as FAR case 90-58 (see 56 FR 67135, December 27, 1991),
included the addition of the phrase ``without additional charge'' in
paragraph (d). A comment was received questioning the phrase ``without
additional charge.'' As a result, this final rule replaces the phrase
``without additional charge'' with the phrase ``at no increase in
contract price'' in certain FAR Inspection clauses for clarity.
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 FAR 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 90-39, FAR case 92-001), in correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because these final
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 OMB
under 44 U.S.C. 3501, et seq.
List of Subjects in 48 CFR Part 52
Government procurement.
Dated: June 4, 1996.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.
Therefore, 48 CFR Part 52 is amended as set forth below:
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
1. The authority citation for 48 CFR Part 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).
Sec. 52.246-2, 52.246-4, 52.246-7, 52.246-12, and 52.246-13 [Amended]
2. The clause dates in sections 52.246-2, 52.246-4, 52.246-7,
52.246-12, and 52.246-13 are revised to read ``(AUG 1996)''; and
sections 52.246-2(d), 52.246-4(d), 52.246-7(c), and 52.246-12(e) are
amended by removing the words ``without additional charge'' and
inserting ``at no increase in contract price'' in their place; and
section 52.246-13(a) is amended by removing the words promptly and
without additional charge'' and inserting ``promptly, and at no
increase in contract price'' in its place.
[FR Doc. 96-14547 Filed 6-19-96; 8:45 am]
BILLING CODE 6820-EP-P
