[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]


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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.

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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 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]
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