Cost Accounting Standards Board; T&M Contracts for Commercial Items, 313-315 [E5-8237]
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Federal Register / Vol. 71, No. 2 / Wednesday, January 4, 2006 / Proposed Rules
defective because it proposes to allot
Channel 282C3 at Atlanta, Michigan as
a ‘‘backfill’’ replacement for the loss of
the community’s sole local transmission
service. This document therefore
terminates the proceedings in MB
Docket Nos. 02–106 and 02–108.
ADDRESSES: Federal Communications
Commission, Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT:
Helen McLean, Media Bureau (202)
418–2738.
SUPPLEMENTARY INFORMATION: This is a
synopsis of the Commission’s Report
and Order, MB Docket Nos. 02–106 and
02–108, adopted December 14, 2005 and
released December 16, 2005. The full
text of this Commission decision is
available for inspection and copying
during normal business hours in the
FCC Reference Information Center
(Room CY–A257), 445 12th Street, SW.,
Washington, DC. This document may
also be purchased from the
Commission’s duplicating contractors,
Best Copy and Printing, Inc., 445 12th
Street, SW., Room CY–B402,
Washington, DC 20554, telephone 1–
800–378–3160 or https://
www.BCPIWEB.com.
This document is not subject to the
Congressional Review Act. The
Commission, is, therefore, not required
to submit a copy of this Report and
Order to Government Accountability
Office, pursuant to the Congressional
Review Act, see 5 U.S.C. 801(a)(1)(A)
since this proposed rules are dismissed,
herein.
Federal Communications Commission.
John A. Karousos,
Assistant Chief, Audio Division, Media
Bureau.
[FR Doc. E5–8252 Filed 1–3–06; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
[DA 05–3213; MB Docket No. 05–328; RM–
10577]
Radio Broadcasting Services;
Millerton, OK
Federal Communications
Commission.
ACTION: Proposed rule.
wwhite on PROD1PC65 with PROPOSAL
AGENCY:
SUMMARY: The Audio Division seeks
comment on a petition filed by Jeraldine
Anderson proposing the allotment of
Channel 265A at Millerton, Oklahoma,
as the community’s first local aural
transmission service. Channel 265A can
be allotted to Millerton in compliance
VerDate Aug<31>2005
16:23 Jan 03, 2006
Jkt 208001
with the Commission’s minimum
distance separation requirements at city
reference coordinates. The reference
coordinates for Channel 265A at
Millerton are 33–59–09 North Latitude
and 95–00–48 West Longitude.
Comments must be filed on or
before February 6, 2006, and reply
comments on or before February 21,
2006.
DATES:
Federal Communications
Commission, 445 Twelfth Street, SW.,
Washington, DC 20554. In addition to
filing comments with the FCC,
interested parties should serve on
Petitioner, as follows: Jeraldine
Anderson, 1702 Cypress Drive, Irving,
Texas 75061.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Sharon P. McDonald. Smith, Media
Bureau, (202) 418–2180.
This is a
summary of the Commission’s Notice of
Proposed Rule Making, MB Docket No.
05–328, adopted December 14, 2005,
and released December 16, 2005. The
full text of this Commission decision is
available for inspection and copying
during normal business hours in the
Commission’s Reference Center 445
Twelfth Street, SW., Washington, DC
20554. The complete text of this
decision may also be purchased from
the Commission’s duplicating
contractor, Best Copy and Printing, Inc.,
445 12th Street, SW., Room CY–B402,
Washington, DC 20054, telephone 1–
800–378–3160 or https://
www.BCPIWEB.com. This document
does not contain proposed information
collection requirements subject to the
Paperwork Reduction Act of 1995,
Public Law 104–13. In addition,
therefore, it does not contain any
proposed information collection burden
‘‘for small business concerns with fewer
than 25 employees,’’ pursuant to the
Small Business Paperwork Relief Act of
2002, Public Law 107–198, see 44 U.S.C.
3506(c)(4).
Provisions of the Regulatory
Flexibility Act of 1980 do not apply to
this proceeding.
Members of the public should note
that from the time a Notice of Proposed
Rule Making is issued until the matter
is no longer subject to Commission
consideration or court review, all ex
parte contacts are prohibited in
Commission proceedings, such as this
one, which involve channel allotments.
See 47 CFR 1.1204(b) for rules
governing permissible ex parte contact.
For information regarding proper
filing procedures for comments, see 47
CFR 1.415 and 1.420.
SUPPLEMENTARY INFORMATION:
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313
List of Subjects in 47 CFR Part 73
Radio, Radio broadcasting.
For the reasons discussed in the
preamble, the Federal Communications
Commission proposes to amend 47 CFR
part 73 as follows:
PART 73—RADIO BROADCAST
SERVICES
1. The authority citation for part 73
continues to read as follows:
Authority: 47 U.S.C. 154, 303, 334 and 336.
§ 73.202
[Amended]
2. Section 73.202(b), the Table of FM
Allotments under Oklahoma, is
amended by adding Millerton, Channel
265A.
Federal Communications Commission.
John A. Karousos,
Assistant Chief, Audio Division, Media
Bureau.
[FR Doc. E5–8253 Filed 1–3–06; 8:45 am]
BILLING CODE 6712–01–P
OFFICE OF MANAGEMENT AND
BUDGET
Office of Federal Procurement Policy
48 CFR Part 9903
Cost Accounting Standards Board;
T&M Contracts for Commercial Items
Cost Accounting Standards
Board, Office of Federal Procurement
Policy, OMB.
ACTION: Proposed rule with request for
comment.
AGENCY:
SUMMARY: The Cost Accounting
Standards (CAS) Board is proposing to
revise the CAS by providing an
exemption for time-and-materials (T&M)
and labor-hour (LH) contracts for the
acquisition of commercial items.
DATES: Comments upon this proposed
rule must be in writing and must be
received by March 6, 2006.
ADDRESSES: Due to delays in OMB’s
receipt and processing of mail,
respondents are strongly encouraged to
submit comments electronically to
ensure timely receipt. Electronic
comments may be submitted to
casb2@omb.eop.gov. Please put the full
body of your comments in the text of the
electronic message and also as an
attachment readable in either MS Word
or Corel WordPerfect. Please include
your name, title, organization, postal
address, telephone number, and e-mail
address in the text of the message.
Comments may also be submitted via
facsimile to (202) 395–5105.
E:\FR\FM\04JAP1.SGM
04JAP1
314
Federal Register / Vol. 71, No. 2 / Wednesday, January 4, 2006 / Proposed Rules
Rein
Abel, Director of Research, Cost
Accounting Standards Board (telephone:
202–395–1062).
SUPPLEMENTARY INFORMATION:
wwhite on PROD1PC65 with PROPOSAL
FOR FURTHER INFORMATION CONTACT:
A. Background
On July 29, 1996, the Board
implemented the Federal Acquisition
Reform Act (FARA) by promulgating an
interim rule providing an exemption
from CAS for contracts for the
acquisition of commercial items that are
firm fixed price and fixed price with
economic price adjustment (except
when the adjustment is made on the
basis of actual costs). The Board’s final
rule was implemented on June 6, 1997.
At the time the CAS Board implemented
this exemption, FAR limited the
permissible contract types for the
acquisition of commercial items to firm
fixed price and fixed price with
economic price adjustment.
Section 1432 of the National Defense
Authorization Act for Fiscal Year 2004
(Pub. L. 108–136, referred to as SARA)
amended the Federal Acquisition
Streamlining Act (FASA) to expressly
authorize the use of time-and-materials
(T&M) and labor-hour (LH) contracts for
the acquisition of certain categories of
commercial services under specified
conditions. As part of the process to
implement this amendment, the Federal
Acquisition Regulation (FAR) Council
published an Advance Notice of
Proposed Rulemaking (ANRPM) in the
Federal Register on September 20, 2004
(69 FR 56316) to amend the FAR. The
ANPRM requested comments on the
impact of applying CAS. Public
comments were received from 23
respondents. Eight of those respondents
provided comments on the impact of
applying CAS. The comments focused
on whether the statute requires an
exemption from CAS and the value of
applying CAS to T&M/LH contracts for
commercial items.
The FAR Council reviewed the public
comments and drafted a proposed rule
to amend the FAR. Based on the
methodology in the draft proposed FAR
rule that will be used to price and
reimburse T&M and LH contracts
(summarized below), the CAS Board has
determined that an exemption from CAS
is appropriate:
Pricing. Under the provisions of
SARA and the requirements of the draft
proposed FAR rule, T&M and LH
contracts for commercial items must be
awarded on a competitive basis. In
addition, the contracting officer is
precluded from obtaining cost or pricing
data in accordance with FAR 15.403–
1(c)(3). Therefore, the application of
CAS, from a pricing standpoint, is
VerDate Aug<31>2005
16:23 Jan 03, 2006
Jkt 208001
similar to a firm fixed-price contract
awarded on the basis of competition
without submission of certified cost or
pricing data. Such firm-fixed price
contracts are exempt from CAS under 48
CFR 9903.201–1(b)(6).
Reimbursement. In regards to cost
reimbursement, the draft proposed FAR
rule provides for the following:
• Reimbursement of direct labor will
be on the basis of fixed labor rates in the
contract schedule. The fixed labor rates
will be established based on
competition, since SARA requires
award on a competitive basis.
• Reimbursement of indirect costs
will be at a fixed amount established at
the time of contract award. This fixed
amount will be part of the price
evaluation, and thus is part of the
competitive award process.
• Materials. If the materials are a
commercial item, reimbursement will be
at price. If the materials are not a
commercial item, reimbursement will be
at actual cost.
• Other Direct Costs will be
reimbursed on the basis of actual costs
incurred. Reimbursement is limited to
the specific cost elements listed in the
contract.
• Subcontracts will be reimbursed at
either (a) cost (to the extent the costs are
incurred in accordance with the terms
and conditions of the subcontract
agreement and evidenced by actual
payment) or (b) the fixed labor rates in
the contract schedule (if specifically
provided for in the contract).
Under the draft proposed FAR rule,
direct labor and indirect costs are
reimbursed on a fixed price basis. Thus,
for LH contracts, all reimbursement is
on a fixed price basis (based on the
number of labor hours expended).
For T&M contracts, materials, other
direct costs, and subcontract costs may
be reimbursed at cost. The preamble to
the draft proposed FAR rule indicates
that (a) Most of the material costs are
anticipated to be for commercial items
reimbursed at price, (b) the material and
other direct costs should be a minor
portion of the total contract costs, and
(c) subcontract costs are either
reimbursed at cost or at the fixed labor
rates in the contract schedule.
The Board has concluded that a CAS
exemption is appropriate for both T&M
and LH contracts for the following
reasons:
(a) The pricing is based on adequate
competition without the submission of
cost data;
(b) For other than subcontracts,
reimbursement based on actual cost is
anticipated to be very limited;
(c) Reimbursement of subcontracts
based on actual costs requires that the
PO 00000
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Fmt 4702
Sfmt 4702
costs be (i) incurred in accordance with
the terms and conditions of the
subcontract agreement, and (ii)
evidenced by actual payment; and
(d) Reimbursement of subcontracts on
other than actual costs will be on a fixed
price basis (based on the fixed labor
rates in the contract schedule).
B. Paperwork Reduction Act
The Paperwork Reduction Act, Public
Law 96–511, does not apply to this
rulemaking, because this rule imposes
no paperwork burden on offerors,
affected contractors and subcontractors,
or members of the public which requires
the approval of OMB under 44 U.S.C.
3501, et seq.
C. Executive Order 12866 and the
Regulatory Flexibility Act
The economic impact of this rule on
contractors and subcontractors is
expected to be minor. As a result, the
Board has determined this rule is not
significant under the provisions of
Executive Order 12866, and that a
regulatory impact analysis will not be
required. Furthermore, this rule will not
have a significant impact on a
substantial number of small businesses
because small businesses are exempt
from the application of the Cost
Accounting Standards. Therefore, this
rule does not require a regulatory
flexibility analysis under the Regulatory
Flexibility Act of 1980.
D. Public Comments
Interested persons are invited to
participate by submitting data, views or
arguments with respect to this proposed
rule. All comments must be in writing
and submitted to the address indicated
in the ADDRESSES section.
List of Subjects in 48 CFR Part 9903
Accounting, Government
procurement.
Joshua B. Bolten,
Director.
For the reasons set forth in this
preamble, chapter 99 of title 48 of the
Code of Federal Regulations is proposed
to be amended as set forth below:
PART 9903—CONTRACT COVERAGE
1. The authority citation for part 9903
is revised to read as follows
Authority: Public Law 100–679, 102 Stat
4056, 41 U.S.C. 422.
Subpart 9903.2—CAS Program
Requirements
2. Section 9903.201–1(b)(6) is revised
to read as follows:
E:\FR\FM\04JAP1.SGM
04JAP1
Federal Register / Vol. 71, No. 2 / Wednesday, January 4, 2006 / Proposed Rules
§ 9903.201–1
CAS Applicability.
*
*
*
*
*
(b) * * *
(6) Firm fixed-priced, fixed-priced
with economic price adjustment
(provided that price adjustment is not
based on actual costs incurred), timeand-materials, and labor-hour contracts
and subcontracts for the acquisition of
commercial items.
*
*
*
*
*
[FR Doc. E5–8237 Filed 1–3–06; 8:45 am]
BILLING CODE 3110–01–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
Endangered and Threatened Wildlife
and Plants; 90-Day Finding on a
Petition To List the Northern Mexican
Gartersnake as Threatened or
Endangered With Critical Habitat
Fish and Wildlife Service,
Interior.
ACTION: Notice of 90-day petition
finding and initiation of status review.
wwhite on PROD1PC65 with PROPOSAL
AGENCY:
SUMMARY: We, the U.S. Fish and
Wildlife Service (Service), announce a
90-day finding on a petition to list the
northern Mexican gartersnake,
Thamnophis eques megalops, as
threatened or endangered with critical
habitat under the Endangered Species
Act of 1973, as amended (Act). The
petitioners provided three listing
scenarios for consideration by the
Service: (1) Listing the United States
population as a Distinct Population
Segment (DPS); (2) listing the species
throughout its range in the United States
and Mexico based on its range-wide
status; or (3) listing the species
throughout its range in the U.S. and
Mexico based on its status in the United
States. We find the petition has
presented substantial information that
the northern Mexican gartersnake is a
listable entity, and we find that the
petition presents substantial scientific
and commercial data indicating that
listing may be warranted. Therefore, we
are initiating a status review to
determine if listing this species is
warranted. To ensure that the status
review is comprehensive, we are
soliciting scientific and commercial
information regarding this species. Any
determinations on critical habitat will
be made if and when a listing action is
initiated for this species.
DATES: The finding announced in this
document was made on December 13,
2005. To be considered in the 12-month
VerDate Aug<31>2005
16:23 Jan 03, 2006
Jkt 208001
finding for this petition, comments and
information should be submitted to us
by March 6, 2006.
ADDRESSES: Data, information,
comments, or questions concerning this
petition and our finding should be
submitted to the Field Supervisor,
Arizona Ecological Services Field
Office, 2321 West Royal Palm Drive,
Suite 103, Phoenix, Arizona. The
petition, supporting data, and comments
will be available for public inspection,
by appointment, during normal business
hours at the above address.
If you wish to comment or provide
information, you may submit your
comments and materials by any one of
the following methods:
1. You may submit written comments
and information by mail to: Field
Supervisor, Arizona Ecological Services
Field Office, 2321 West Royal Palm
Drive, Suite 103, Phoenix, Arizona.
2. You may hand-deliver written
comments and information to our Field
Supervisor, Arizona Ecological Services
Field Office, 2321 West Royal Palm
Drive, Suite 103, Phoenix, Arizona.
3. You may fax your comments to
602–242–2513.
4. You may send your comments by
electronic mail (e-mail) directly to the
Service at MexGsnake@fws.gov, or to the
Federal Rulemaking Portal at https://
www.regulations.gov. Please include
‘‘Attn: northern Mexican gartersnake’’ in
the beginning of your message, and do
not use special characters or any form
of encryption. Electronic attachments in
standard formats (such as .pdf or .doc)
are acceptable, but please name the
software necessary to open any
attachments in formats other than those
given above. Also, please include your
name and return address in your e-mail
message. If you do not receive a
confirmation from the system that we
have received your e-mail message,
please submit your comments in writing
using one of the alternate methods
described above. In the event that our
internet connection is not functional,
please submit your comments by the
alternate methods mentioned above.
FOR FURTHER INFORMATION CONTACT:
Steve Spangle, Field Supervisor,
Arizona Ecological Services Field Office
(telephone 602–242–0210 and facsimile
602–242–2513).
SUPPLEMENTARY INFORMATION:
Public Information Solicited
When we make a finding that
substantial information is presented to
indicate that listing a species may be
warranted, we are required to promptly
commence a review of the status of the
species. To ensure that the status review
PO 00000
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315
is complete and based on the best
available scientific and commercial
information, we are soliciting
information on the northern Mexican
gartersnake. We request any additional
information, comments, and suggestions
from the public, other concerned
governmental agencies, Native
American Tribes, the scientific
community, industry, or any other
interested parties concerning the status
of the northern Mexican gartersnake. We
are seeking information regarding the
species’ historical and current status
and distribution, its biology and
ecology, ongoing conservation measures
for the species and its habitat, and
threats to the species and its habitat. If
you wish to comment or provide
information, you may submit your
comments and materials concerning this
finding to the Field Supervisor (see
ADDRESSES section).
Our practice is to make any comments
and materials provided, including
names and home addresses of
respondents, available for public review
during regular business hours.
Respondents may request that we
withhold a respondent’s identity, to the
extent allowable by law. If you wish us
to withhold your name or address, you
must state this request prominently at
the beginning of your submission.
However, we will not consider
anonymous comments. To the extent
consistent with applicable law, we will
make all submissions from
organizations or businesses, and from
individuals identifying themselves as
representatives or officials of
organizations or businesses, available
for public inspection in their entirety.
Comments and materials received will
be available for public inspection, by
appointment, during normal business
hours at the above address.
Background
Section 4(b)(3)(A) of the Endangered
Species Act of 1973, as amended (16
U.S.C. 1531 et seq.) (Act), requires that
we make a finding on whether a petition
to list, delist, or reclassify a species
presents substantial scientific or
commercial information indicating that
the petitioned action may be warranted.
We are to base this finding on all
information available to us at the time
we make the finding. To the maximum
extent practicable, we are to make this
finding within 90 days of our receipt of
the petition, and publish our notice of
this finding promptly in the Federal
Register.
Our standard for substantial
information within the Code of Federal
Regulations (CFR) with regard to a 90day petition finding is ‘‘that amount of
E:\FR\FM\04JAP1.SGM
04JAP1
]]>Agencies
[Federal Register Volume 71, Number 2 (Wednesday, January 4, 2006)]
[Proposed Rules]
[Pages 313-315]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-8237]
=======================================================================
-----------------------------------------------------------------------
OFFICE OF MANAGEMENT AND BUDGET
Office of Federal Procurement Policy
48 CFR Part 9903
Cost Accounting Standards Board; T&M Contracts for Commercial
Items
AGENCY: Cost Accounting Standards Board, Office of Federal Procurement
Policy, OMB.
ACTION: Proposed rule with request for comment.
-----------------------------------------------------------------------
SUMMARY: The Cost Accounting Standards (CAS) Board is proposing to
revise the CAS by providing an exemption for time-and-materials (T&M)
and labor-hour (LH) contracts for the acquisition of commercial items.
DATES: Comments upon this proposed rule must be in writing and must be
received by March 6, 2006.
ADDRESSES: Due to delays in OMB's receipt and processing of mail,
respondents are strongly encouraged to submit comments electronically
to ensure timely receipt. Electronic comments may be submitted to
casb2@omb.eop.gov. Please put the full body of your comments in the
text of the electronic message and also as an attachment readable in
either MS Word or Corel WordPerfect. Please include your name, title,
organization, postal address, telephone number, and e-mail address in
the text of the message. Comments may also be submitted via facsimile
to (202) 395-5105.
[[Page 314]]
FOR FURTHER INFORMATION CONTACT: Rein Abel, Director of Research, Cost
Accounting Standards Board (telephone: 202-395-1062).
SUPPLEMENTARY INFORMATION:
A. Background
On July 29, 1996, the Board implemented the Federal Acquisition
Reform Act (FARA) by promulgating an interim rule providing an
exemption from CAS for contracts for the acquisition of commercial
items that are firm fixed price and fixed price with economic price
adjustment (except when the adjustment is made on the basis of actual
costs). The Board's final rule was implemented on June 6, 1997. At the
time the CAS Board implemented this exemption, FAR limited the
permissible contract types for the acquisition of commercial items to
firm fixed price and fixed price with economic price adjustment.
Section 1432 of the National Defense Authorization Act for Fiscal
Year 2004 (Pub. L. 108-136, referred to as SARA) amended the Federal
Acquisition Streamlining Act (FASA) to expressly authorize the use of
time-and-materials (T&M) and labor-hour (LH) contracts for the
acquisition of certain categories of commercial services under
specified conditions. As part of the process to implement this
amendment, the Federal Acquisition Regulation (FAR) Council published
an Advance Notice of Proposed Rulemaking (ANRPM) in the Federal
Register on September 20, 2004 (69 FR 56316) to amend the FAR. The
ANPRM requested comments on the impact of applying CAS. Public comments
were received from 23 respondents. Eight of those respondents provided
comments on the impact of applying CAS. The comments focused on whether
the statute requires an exemption from CAS and the value of applying
CAS to T&M/LH contracts for commercial items.
The FAR Council reviewed the public comments and drafted a proposed
rule to amend the FAR. Based on the methodology in the draft proposed
FAR rule that will be used to price and reimburse T&M and LH contracts
(summarized below), the CAS Board has determined that an exemption from
CAS is appropriate:
Pricing. Under the provisions of SARA and the requirements of the
draft proposed FAR rule, T&M and LH contracts for commercial items must
be awarded on a competitive basis. In addition, the contracting officer
is precluded from obtaining cost or pricing data in accordance with FAR
15.403-1(c)(3). Therefore, the application of CAS, from a pricing
standpoint, is similar to a firm fixed-price contract awarded on the
basis of competition without submission of certified cost or pricing
data. Such firm-fixed price contracts are exempt from CAS under 48 CFR
9903.201-1(b)(6).
Reimbursement. In regards to cost reimbursement, the draft proposed
FAR rule provides for the following:
Reimbursement of direct labor will be on the basis of
fixed labor rates in the contract schedule. The fixed labor rates will
be established based on competition, since SARA requires award on a
competitive basis.
Reimbursement of indirect costs will be at a fixed amount
established at the time of contract award. This fixed amount will be
part of the price evaluation, and thus is part of the competitive award
process.
Materials. If the materials are a commercial item,
reimbursement will be at price. If the materials are not a commercial
item, reimbursement will be at actual cost.
Other Direct Costs will be reimbursed on the basis of
actual costs incurred. Reimbursement is limited to the specific cost
elements listed in the contract.
Subcontracts will be reimbursed at either (a) cost (to the
extent the costs are incurred in accordance with the terms and
conditions of the subcontract agreement and evidenced by actual
payment) or (b) the fixed labor rates in the contract schedule (if
specifically provided for in the contract).
Under the draft proposed FAR rule, direct labor and indirect costs
are reimbursed on a fixed price basis. Thus, for LH contracts, all
reimbursement is on a fixed price basis (based on the number of labor
hours expended).
For T&M contracts, materials, other direct costs, and subcontract
costs may be reimbursed at cost. The preamble to the draft proposed FAR
rule indicates that (a) Most of the material costs are anticipated to
be for commercial items reimbursed at price, (b) the material and other
direct costs should be a minor portion of the total contract costs, and
(c) subcontract costs are either reimbursed at cost or at the fixed
labor rates in the contract schedule.
The Board has concluded that a CAS exemption is appropriate for
both T&M and LH contracts for the following reasons:
(a) The pricing is based on adequate competition without the
submission of cost data;
(b) For other than subcontracts, reimbursement based on actual cost
is anticipated to be very limited;
(c) Reimbursement of subcontracts based on actual costs requires
that the costs be (i) incurred in accordance with the terms and
conditions of the subcontract agreement, and (ii) evidenced by actual
payment; and
(d) Reimbursement of subcontracts on other than actual costs will
be on a fixed price basis (based on the fixed labor rates in the
contract schedule).
B. Paperwork Reduction Act
The Paperwork Reduction Act, Public Law 96-511, does not apply to
this rulemaking, because this rule imposes no paperwork burden on
offerors, affected contractors and subcontractors, or members of the
public which requires the approval of OMB under 44 U.S.C. 3501, et seq.
C. Executive Order 12866 and the Regulatory Flexibility Act
The economic impact of this rule on contractors and subcontractors
is expected to be minor. As a result, the Board has determined this
rule is not significant under the provisions of Executive Order 12866,
and that a regulatory impact analysis will not be required.
Furthermore, this rule will not have a significant impact on a
substantial number of small businesses because small businesses are
exempt from the application of the Cost Accounting Standards.
Therefore, this rule does not require a regulatory flexibility analysis
under the Regulatory Flexibility Act of 1980.
D. Public Comments
Interested persons are invited to participate by submitting data,
views or arguments with respect to this proposed rule. All comments
must be in writing and submitted to the address indicated in the
Addresses section.
List of Subjects in 48 CFR Part 9903
Accounting, Government procurement.
Joshua B. Bolten,
Director.
For the reasons set forth in this preamble, chapter 99 of title 48
of the Code of Federal Regulations is proposed to be amended as set
forth below:
PART 9903--CONTRACT COVERAGE
1. The authority citation for part 9903 is revised to read as
follows
Authority: Public Law 100-679, 102 Stat 4056, 41 U.S.C. 422.
Subpart 9903.2--CAS Program Requirements
2. Section 9903.201-1(b)(6) is revised to read as follows:
[[Page 315]]
Sec. 9903.201-1 CAS Applicability.
* * * * *
(b) * * *
(6) Firm fixed-priced, fixed-priced with economic price adjustment
(provided that price adjustment is not based on actual costs incurred),
time-and-materials, and labor-hour contracts and subcontracts for the
acquisition of commercial items.
* * * * *
[FR Doc. E5-8237 Filed 1-3-06; 8:45 am]
BILLING CODE 3110-01-P
