[Federal Register Volume 59, Number 248 (Wednesday, December 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-30641]


[Federal Register: December 28, 1994]


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DEPARTMENT OF DEFENSE
DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 42 and 52

[FAC 90-23; FAR Case 91-103; Item XXVIII]
RIN 9000-AF68


Federal Acquisition Regulation; Final Indirect Cost Agreements

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 to amend the Federal 
Acquisition Regulation (FAR) 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 under Executive 
Order No. 12866 dated September 30, 1993.

EFFECTIVE DATE: February 27, 1995.

FOR FURTHER INFORMATION CONTACT: Mr. Jeremy F. 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 FAC 90-23, FAR case 91-103 in correspondence.

SUPPLEMENTARY INFORMATION:

A. Background

    Proposed amendments to FAR 42.705-2 and the clause at 52.216-13 
were published in the Federal Register at 59 FR 14459, March 28, 1994, 
requesting comments. Three responses were received. Each supported the 
proposed rule. One commentator made a recommendation for additional 
revisions, which the Councils considered unnecessary. The Councils 
agreed to a final rule, with no change to the proposed rule previously 
published.

B. Regulatory Flexibility Act

    This final rule will not have a significant economic impact on a 
substantial number of small entities under 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.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the revisions 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. The rule merely deletes a certificate 
requirement. Certifications are exempt under 5 CFR 1320.7(j)(1) from 
the requirement.

List of Subjects in 48 CFR Parts 42 and 52

    Government procurement.

    Dated: December 7, 1994.
Albert A. Vicchiolla,
Director, Office of Federal Acquisition Policy.

    Therefore, 48 CFR parts 42 and 52 are 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. 2473(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 ``(FEB 1995)'', and in paragraph (c)(2) of the 
clause by removing the last sentence.

[FR Doc. 94-30641 Filed 12-27-94; 8:45 am]
BILLING CODE 6820-34-P