[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