[Federal Register Volume 61, Number 83 (Monday, April 29, 1996)] [Rules and Regulations] [Pages 18914-18915] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-10427] [[Page 18913]] _______________________________________________________________________ Part VI Department of Defense General Services Administration National Aeronautics and Space Administration _______________________________________________________________________ 48 CFR Chapter 1, et al. Federal Acquisition Regulation (FAR); Final Rules Federal Register / Vol. 61, No. 83 / Monday, April 29, 1996 / Rules and Regulations [[Page 18914]] DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Chapter 1 [Federal Acquisition Circular 90-38] Federal Acquisition Regulation; Introduction of Miscellaneous Amendments AGENCIES: Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Summary presentation of rules. ----------------------------------------------------------------------- SUMMARY: This document serves to introduce the rules which follow and which comprise Federal Acquisition Circular (FAC) 90-38. The Federal Acquisition Regulatory Council has agreed to issue FAC 90-38 to amend the Federal Acquisition Regulation (FAR). DATES: For effective dates, see individual documents following this one. FOR FURTHER INFORMATION CONTACT: The individual whose name appears in relation to each FAR case or subject area. For general information, contact the FAR Secretariat, Room 4037, GS Building, Washington, DC 20405 (202) 501-4755. Please cite FAC 90-38 and FAR case number(s). SUPPLEMENTARY INFORMATION: Federal Acquisition Circular 90-38 amends the Federal Acquisition Regulation (FAR) as specified below: ---------------------------------------------------------------------------------------------------------------- Item Subject FAR case Contact point ---------------------------------------------------------------------------------------------------------------- I................... Modification of Existing 94-723 Al Winston, (703) 602-2119. Contracts. II.................. Application of Cost Accounting 95-002 Jeremy Olson, (202) 501-3221. Standards Board Regulations to Educational Institutions. III................. Assignment of Claims-- 94-767 John Galbraith, (703) 697-6710. Presidential Delegation. IV.................. Interest Clause Revisions..... 92-045 Jeremy Olson, (202) 501-3221. ---------------------------------------------------------------------------------------------------------------- Case Summaries For the actual revisions and/or amendments to these FAR cases, refer to the specific item number and subject set forth in the documents following these item summaries. Item I--Modification of Existing Contracts (FAR Case 94-723) This interim rule amends FAR 43.102 to implement section 10002 of the Federal Acquisition Streamlining Act of 1994, Public Law 103-355 (FASA). Section 10002 states that final regulations implementing FASA may provide for modification of existing contracts without consideration, upon request of the contractor, to incorporate changes authorized by FASA. Section 10002 also states that nothing in FASA requires the renegotiation or modification of existing contracts to incorporate changes authorized by FASA. The interim rule adopts the policy of encouraging, but not requiring, appropriate modifications without consideration, upon the request of the contractor. If the contracting officer determines that modification of an existing contract is appropriate to incorporate changes authorized by FASA, the modification should insert the current version of the applicable FAR clauses. Item II--Application of Cost Accounting Standards Board Regulations to Educational Institutions (FAR Case 95-002) This final rule amends FAR Parts 1, 30, 42, and 52 to implement changes made to the Cost Accounting Standards. The Office of Federal Procurement Policy, Cost Accounting Standards Board (CASB), has amended the regulatory provisions contained in Chapter 99 of Title 48 of the Code of Federal Regulations (FAR Appendix B). The amendments apply to educational institutions receiving a negotiated Federal contract or subcontract award in excess of $500,000 (excluding contracts awarded for the operation of Federally Funded Research and Development Centers (FFRDCs) which are already subject to CASB regulations) and require that such educational institutions comply with certain specified CASB rules, regulations, and Cost Accounting Standards. The amendments to the CASB regulations became effective on January 9, 1995. (The entire FAR Appendix B will be issued in the loose-leaf pages of FAC 90-38.) Item III--Assignment of Claims-Presidential Delegation (FAR Case 94- 767) This final rule amends FAR Subpart 32.8 to reflect the Presidential delegation of authority to make determinations of need for contractual no-setoff commitments, and to provide guidance for determinations of need made in accordance with the Presidential delegation dated October 3, 1995. Item IV--Interest Clause Revisions (FAR Case 92-045) This final rule amends FAR Subpart 32.6 and the clause at 52.232-17 to clarify that certain cost accounting standards clauses provide for the use of differing interest rates under differing circumstances. Dated: April 18, 1996. Edward C. Loeb, Director, Federal Acquisition Policy Division. Federal Acquisition Circular Number 90-38 Federal Acquisition Circular (FAC) 90-38 is issued under the authority of the Secretary of Defense, the Administrator of General Services, and the Administrator for the National Aeronautics and Space Administration. FAR Cases 94-723 and 95-002 are effective April 29, 1996; and FAR Cases 94-767 and 92-045 are effective June 28, 1996. [[Page 18915]] Dated: April 17, 1996. Eleanor R. Spector, Director, Defense Procurement. Dated: April 16, 1996. Ida M. Ustad, Deputy Associate Administrator, Office of Acquisition Policy, GSA. Dated: April 18, 1996. Deidre A. Lee, Associate Administrator for Procurement, National Aeronautics and Space Administration. [FR Doc. 96-10427 Filed 4-26-96; 8:45 am] BILLING CODE 6820-EP-P