[Federal Register Volume 60, Number 140 (Friday, July 21, 1995)]
[Rules and Regulations]
[Pages 37772-37773]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-17933]

[[Page 37771]]


Part VI

Department of Defense

General Services Administration

National Aeronautics and Space Administration

48 CFR Ch. 1 et al.

Federal Acquisition Regulations; Final Rules

Federal Register / Vol. 60, No. 140 / Friday, July 21, 1995 / Rules 
and Regulations

[[Page 37772]]




48 CFR Chapter 1

[Federal Acquisition Circular 90-30]

Federal Acquisition Regulation; Introduction of Miscellaneous 

AGENCIES: Department of Defense (DOD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Summary presentation of final rules.


SUMMARY: This document serves to introduce the final rules which follow 
and which comprise Federal Acquisition Circular (FAC) 90-30. The 
Federal Acquisition Regulatory Council has agreed to issue FAC 90-30 to 
the Federal Acquisition Regulation (FAR) to implement changes in the 
following subject areas:

     Item              Subject          FAR case        Team leader     
I............  Officials not to            94-802  Rothlein, (703) 697- 
                benefit.                            4349.               
II...........  Procurement integrity.      94-804  Rothlein, (703) 697- 
III..........  Whistleblower               94-803  Rothlein, (703) 697- 
                protection.                         4349.               
IV...........  Repeal of requirements      94-700  Rider, (703) 614-    
                for secretarial/                    1634.               
                agency head                                             
                regarding use of cost                                   
                type or incentive                                       
V............  Service contract            94-766  Galbraith, (703) 697-
                funding.                            6710.               

DATES: For effective dates, see individual documents following this 

The team leader whose name appears in relation to each FAR case. For 
general information, contact the FAR Secretariat, Room 4037, GS 
Building, Washington, DC 20405, (202) 501-4755. Please cite FAC 90-30 
and FAR case number(s).

SUPPLEMENTARY INFORMATION: Federal Acquisition Circular 90-30 amends 
the Federal Acquisition Regulation (FAR) as specified below:

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--Officials Not to Benefit (Ethics)

(FAR Case 94-802)
    Section 6004 of the Federal Acquisition Streamlining Act of 1994 
(Pub. L. 103-355) amended 41 U.S.C. 22 by repealing the requirement for 
every Government contract or agreement to express the condition that 
certain officials shall not benefit from the award of that contract or 
agreement. This final rule deletes the clause at FAR 52.203-1, since 
there is no longer a statutory requirement to include such a clause in 
Government contracts. The statements of policy at FAR 3.102 are also 
deleted. The criminal provisions found at 18 U.S.C. 431 and 432 remain 
in effect.

Item II--Procurement Integrity (Ethics)

(FAR Case 94-804)
    Section 8301(e) of Public Law 103-355 excludes procurements of 
commercial items from the statutory requirement for contractor 
employees to certify that they are familiar with the Procurement 
Integrity Act and that they will report violations of the Act. This 
final rule amends FAR 3.104-9, 52.203-8, and 52.203-9 to implement 
Section 8301(e).

Item III--Whistleblower Protections for Contractor Employees (Ethics)

(FAR Case 94-803)
    Sections 6005 and 6006 of Public Law 103-355 provide whistleblower 
protections for contractor employees. This final rule adds a new 
subpart at FAR 3.9 to implement Sections 6005 and 6006.

Item IV--Repeal of Requirements for Secretarial/Agency Head 
Determinations Regarding Use of Cost Type or Incentive Contractors

(FAR Case 94-700)
    This rule finalizes the interim rule published as Item I of FAC 90-
24. The rule implements Sections 1021, 1071, and 1501 of Public Law 
103-355. Sections 1021 and 1071 repealed the statutory requirement for 
an agency head determination before using a cost type or incentive 
contract. Section 1501 repealed Section 2301 of Title 10, United States 
Code. Therefore, the interim rule revised the FAR to delete the 
determination requirements which are no longer necessary and to delete 
references to 10 U.S.C. 2301. The final rule also amends FAR 
16.306(c)(2) to permit contracting officers to sign determinations and 
findings that are still required to establish the basis for application 
of the statutory price or fee limitation in cost-plus-fixed-fee 

Item V--Service Contract Funding

(FAR Case 94-766)
    Section 1073 of Public Law 103-355 provides authority for executive 
branch agencies other than the Department of Defense, United States 
Coast Guard, and the National Aeronautics and Space Administration to 
write service contracts that cross fiscal years, and to fund those 
contracts with one fiscal year's funds. This final rule amends FAR 
32.703-3 and 37.106 to implement Section 1073.

    Dated: July 17, 1995.
Capt. Barry L. Cohen, SC, USN,
Project Manager for the Implementation of the Federal Acquisition 
Streamline Act of 1994.

Federal Acquisition Circular

Number 90-30

    Federal Acquisition Circular (FAC) 90-30 is issued under the 
authority of the Secretary of Defense, the Administrator of General 
Services, and the Administrator for the National Aeronautics and Space 

[[Page 37773]]

    Unless otherwise specified, all Federal Acquisition Regulation 
(FAR) and other directive material contained in FAC 90-30 is effective 
September 19, 1995, except for Item V which is effective August 21, 

    Dated: July 13, 1995.
Eleanor R. Spector,
Director, Defense Procurement.
    Dated: July 7, 1995.
Ida M. Ustad,
Associate Administrator for Acquisition Policy General Services 
    Dated: July 13, 1995.
Thomas S. Luedtke,
Deputy Associate Administrator for Procurement National Aeronautics and 
Space Administration.
[FR Doc. 95-17933 Filed 7-20-95; 8:45 am]