[Federal Register Volume 65, Number 156 (Friday, August 11, 2000)]
[Rules and Regulations]
[Pages 49205-49206]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-20409]


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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Part 1830


Cost Accounting Standards Waivers

AGENCY: National Aeronautics and Space Administration (NASA).

ACTION: Interim rule.

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SUMMARY: This interim rule amends the NASA FAR Supplement (NFS) by 
identifying who within NASA has the authority to approve Cost 
Accounting Standards waivers.

DATES: Effective date: August 11, 2000.
Comment Date: Comments should be submitted to NASA at the address below 
on or before October 10, 2000.

ADDRESSES: Interested parties should submit written comments to Joseph 
Le Cren, NASA Headquarters Office of Procurement, Contract Management 
Division (Code HK), Washington, DC 20546. Comments also may be 
submitted by e-mail to [email protected].

FOR FURTHER INFORMATION CONTACT: Joseph Le Cren, (202) 358-0444.

SUPPLEMENTARY INFORMATION:

A. Background

    A Federal Acquisition Regulation (FAR) interim rule was published 
in the June 6, 2000, Federal Register (65 FR 36028-36030) on the 
applicability, thresholds, and waiver of Cost Accounting Standards 
(CAS). The FAR rule reflects changes resulting from the National 
Defense Authorization Act for Fiscal Year 2000 (Pub. Law 106-65). One 
of the changes in the interim rule deals with CAS waivers. The rule 
provides for agency CAS waiver authority when there are contracts or 
subcontracts with a value of less than $15 million, when the segment 
performing the contract or subcontract is primarily engaged in the sale 
of commercial items and would not otherwise be subject to cost 
accounting standards, or under exceptional circumstances when necessary 
to meet the needs of the agency. The interim rule authorizes the Heads 
of Executive Agencies to approve CAS waivers. The rule also allows for 
this authority to be delegated but not to an official below the senior 
policymaking level in the agency. NASA has chosen to delegate the 
authority to approve CAS waivers to the Associate Administrator for 
Procurement.

B. Regulatory Flexibility Act

    NASA certifies that this interim rule will not have a significant 
economic impact on a substantial number of small business entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) because 
contracts and subcontracts with small businesses are exempt from all 
CAS requirements in accordance with 48 CFR 9903.201-1(b)(3). However, 
comments from small entities

[[Page 49206]]

concerning the affected NFS 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.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the changes to 
the NFS 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 the Office of 
Management and Budget under 44 U.S.C. 3501, et seq.

D. Determination To Issue an Interim Rule

    In accordance with 41 U.S.C. 418(d), NASA has determined that 
urgent and compelling reasons exist to promulgate this interim rule. 
This action is necessary because this interim rule implements Section 
802 of the National Defense Authorization Act for Fiscal Year 2000 
(Pub. L. 106-65) and the FAR interim rule. Section 802 became effective 
180 days after the date of enactment of Public Law 105-65 (October 5, 
1999). The FAR interim rule that implements Section 802 became 
effective June 6, 2000. It is necessary that NASA publish an interim 
rule to amend NFS Part 1830 to implement the FAR interim rule. Public 
comments received in response to this interim rule will be considered 
in the formation of the final rule.

List of Subjects in 48 CFR Part 1830

    Government procurement.

Tom Luedtke,
 Associate Administrator for Procurement.


    Accordingly, 48 CFR Part 1830 is amended as follows:
    1. The authority citation for 48 CFR Part 1830 continues to read as 
follows:

    Authority: 42 U.S.C. 2473 (c)(1).

PART 1830--COST ACCOUNTING STANDARDS

    2. Revise the title to Part 1830--Cost Accounting Standards to read 
as follows:

PART 1830--COST ACCOUNTING STANDARDS ADMINISTRATION

    3. Revise section 1830.201-5 to read as follows:


1830.201-5  Waiver. (NASA supplements paragraphs (a) and (e).)

    (a)(2) The Associate Administrator for Procurement is the only 
individual authorized to approve CAS waivers. Requests for waivers that 
meet the conditions in FAR 30.201-5(b) must be submitted to the 
Headquarters Office of Procurement (Code HK) at least 30 days before 
the anticipated contract award date.
    (e) The Associate Administrator for Procurement will submit NASA's 
report to the CAS Board.

[FR Doc. 00-20409 Filed 8-10-00; 8:45 am]
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