[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]
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