Federal Acquisition Regulation; FAR Case 2006-004, FAR Part 30 - CAS Administration, 58338-58340 [06-8413]
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58338
Federal Register / Vol. 71, No. 191 / Tuesday, October 3, 2006 / Proposed Rules
30.604 Processing changes to disclosed
or established cost accounting practices.
1. The authority citation for 48 CFR
part 30 continues to read as follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C.
chapter 137; and 42 U.S.C. 2473(c).
2. Amend section 30.001 by—
a. Adding to the definition ‘‘Cognizant
Federal agency official (CFAO)’’ ‘‘the ’’
following ‘‘administer’’;
b. Removing from the definition
‘‘Desirable change’’ ‘‘unilateral’’ and
adding ‘‘compliant’’ in its place; and
c. Revising paragraph (1) of the
definition ‘‘Required change’’ to read as
follows:
30.001
Definitions.
*
*
*
*
*
Required change means—
(1) A change in cost accounting
practice that a contractor is required to
make in order to comply with
applicable Standards, modifications or
interpretations thereto, that
subsequently becomes applicable to an
existing CAS-covered contract or
subcontract due to the receipt of another
CAS-covered contract or subcontract; or
*
*
*
*
*
3. Amend section 30.601 by removing
from paragraph (b) ‘‘52.230–6(b)’’ and
adding ‘‘52.230–6(l)’’ in its place; and
by adding paragraph (c) to read as
follows:
30.601
Responsibility.
*
*
*
*
*
(c) In performing CAS administration,
the CFAO shall request and consider the
advice of the auditor as appropriate (see
also 1.602–2).
4. Amend section 30.602 by revising
paragraph (d) to read as follows:
30.602
Materiality.
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*
*
*
*
*
(d) For required, unilateral, and
desirable changes, and CAS
noncompliances, when the amount
involved is material, the CFAO shall
follow the applicable provisions in
30.603, 30.604, 30.605, and 30.606.
5. Amend section 30.604 by—
a. Removing from the introductory
text of paragraphs (b) and (f) ‘‘, with the
assistance of the auditor,’’;
b. Revising the introductory text of
paragraph (g);
c. Revising the introductory text of
paragraph (h)(4) and removing
paragraphs (h)(4)(i) and (h)(4)(ii); and
d. Removing from paragraph (i)(1)
‘‘With the assistance of the auditor,
estimate’’ and adding ‘‘Estimate’’ in its
place.
The revised text reads as follows:
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ADMINISTRATION OF COST
ACCOUNTING STANDARDS (DATE)
*
PART 30—COST ACCOUNTING
STANDARDS ADMINISTRATION
*
*
*
*
*
(g) Detailed cost-impact proposal. If
the contractor is required to submit a
DCI proposal, the CFAO shall promptly
evaluate the DCI proposal and follow
the procedures at 30.606 to negotiate
and resolve the cost impact. The DCI
proposal—
*
*
*
*
*
(h) * * *
(4) For required or desirable changes,
negotiate an equitable adjustment as
provided in the Changes clause of the
contract.
*
*
*
*
*
6. Amend section 30.605 by—
a. Removing from the introductory
text of paragraph (c)(2) ‘‘, with the
assistance of the auditor,’’;
b. Revising the introductory text of
paragraph (f); and
c. Redesignating paragraph (h)(6) as
(h)(7) and adding a newly designated
paragraph (h)(6).
The revised text reads as follows:
*
*
*
*
(a) * * *
Flexibly-priced contracts and
subcontracts means—
(1) Fixed-price contracts and
subcontracts described at 16.203–
1(a)(2), 16.204, 16.205, and 16.206;
*
*
*
*
*
Required change means—
(1) A change in cost accounting
practice that a Contractor is required to
make in order to comply with
applicable Standards, modifications or
interpretations thereto, that
subsequently become applicable to
existing CAS-covered contracts or
subcontracts due to the receipt of
another CAS-covered contract or
subcontract; or
*
*
*
*
*
(End of clause)
30.605
DEPARTMENT OF DEFENSE
Processing noncompliances.
*
*
*
*
*
(f) Detailed cost-impact proposal. If
the contractor is required to submit a
DCI proposal, the CFAO shall promptly
evaluate the DCI proposal and follow
the procedures at 30.606 to negotiate
and resolve the cost impact. The DCI
proposal—
*
*
*
*
*
(h) * * *
(6) The cost impact of each
noncompliance that affects both cost
estimating and cost accumulation shall
be determined by combining the cost
impacts in paragraphs (h)(3), (h)(4), and
(h)(5) of this section; and
*
*
*
*
*
PART 52—SOLICITATIONS
PROVISIONS AND CONTRACT
CLAUSES
7. Amend section 52.230–6 by—
a. Revising the date of the clause;
b. Removing from the definition
‘‘Fixed-price contracts and
subcontracts’’ the word ‘‘FAR’’ each
time it appears (4 times);
c. Amending the definition ‘‘Flexiblypriced contracts and subcontracts’’ by
revising paragraph (1); and by removing
from paragraphs (2) through (5) the
word ‘‘FAR’’; and
d. Revising paragraph (1) of the
definition ‘‘required change’’.
The revised text reads as follows:
52.230–6 Administration of Cost
Accounting Standards.
*
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*
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[FR Doc. 06–8425 Filed 10–2–06; 8:45 am]
BILLING CODE 6820–EP–S
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 30 and 52
[FAR Case 2006–004; Docket 2006–0020;
Sequence 10]
RIN 9000–AK58
Federal Acquisition Regulation; FAR
Case 2006–004, FAR Part 30 - CAS
Administration
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Proposed rule.
AGENCIES:
SUMMARY: The Civilian Agency
Acquisition Council and the Defense
Acquisition Regulations Council
(Councils) are proposing to amend the
Federal Acquisition Regulation (FAR) to
implement recommendations to revise
the regulations related to the
administration of the Cost Accounting
Standards (CAS).
DATES: Interested parties should submit
written comments to the FAR
Secretariat on or before December 4,
2006 to be considered in the
formulation of a final rule.
ADDRESSES: Submit comments
identified by FAR case 2006–004 by any
of the following methods:
E:\FR\FM\03OCP1.SGM
03OCP1
Federal Register / Vol. 71, No. 191 / Tuesday, October 3, 2006 / Proposed Rules
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• Federal eRulemaking Portal: https://
www.regulations.gov. Search for any
document by first selecting the proper
document types and selecting ‘‘Federal
Acquisition Regulation’’ as the agency
of choice. At the ‘‘Keyword’’ prompt,
type in the FAR case number (for
example, FAR Case 2006–001) and click
on the ‘‘Submit’’ button. You may also
search for any document by clicking on
the ‘‘Advanced search/document
search’’ tab at the top of the screen,
selecting from the agency field ‘‘Federal
Acquisition Regulation’’, and typing the
FAR case number in the keyword field.
Select the ‘‘Submit’’ button.
• Fax: 202–501–4067.
• Mail: General Services
Administration, Regulatory Secretariat
(VIR), 1800 F Street, NW, Room 4035,
ATTN: Laurieann Duarte, Washington,
DC 20405.
Instructions: Please submit comments
only and cite FAR case 2006–004 in all
correspondence related to this case. All
comments received will be posted
without change to https://
www.regulations.gov, including any
personal and/or business confidential
information provided.
FOR FURTHER INFORMATION CONTACT: For
clarification of content, contact Jeremy
Olson, at (202) 501–3221. For
information pertaining to status or
publication schedules, contact the FAR
Secretariat at (202) 501–4755. Please
cite FAR case 2006–004.
SUPPLEMENTARY INFORMATION:
A. Background
On May 23, 2005, the Cost
Accounting Standards Board published
an interim rule in the Federal Register
at 70 FR 29457 revising the applicability
of CAS to U.K. contracts and
subcontracts. The interim rule effected
three changes in this regard:
• Amendment of 48 CFR 9903.202–
1(e) to add the U.K. to the list of
countries whose contractors may file a
disclosure form adopted by an agency of
their own government in lieu of the
CASB-DS–1. As a result, U.K.
contractors are permitted to file the U.K.
‘‘Questionnaire on Method of Allocation
of Costs’’ and ‘‘Supplemental QMAC.’’
• Deletion of the CAS exemption at
48 CFR 9902.201–1(b)(12). Henceforth,
all foreign contracts and subcontracts,
including U.K. contracts and
subcontracts, are subject to the
requirements at 48 CFR 9903.201–
1(b)(4) and must comply with CAS 401
and 402.
• Deletion of 48 CFR 9903.201–4(d),
Consistency in Cost Accounting
Practices. This contract clause is no
longer appropriate for inclusion in
contracts with U.K. concerns.
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15:42 Oct 02, 2006
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58339
In order to retain consistency between
CAS and FAR in matters relating to the
administration of CAS, the Councils are
proposing FAR revisions as outlined
below:
1. FAR 30.201–4(c), Consistency in
Cost Accounting Practices. This part is
renamed as Disclosure and Consistency
of Cost Accounting Practices for
Contracts Awarded to Foreign Concerns.
It is also being revised to delete the
language related to contracts awarded to
United Kingdom contracts and to add
language that addresses contracts
subject to CAS 401 and 402 under 48
CFR 9903.201-(1)(b)(4).
2. FAR 52.230–4, Consistency in Cost
Accounting Practices. The clause is
renamed as Disclosure and Consistency
of Cost Accounting Practices for
Contracts Awarded to Foreign Concerns.
The clause is also revised to specify that
it applies to contracts awarded to
foreign concerns who are subject to CAS
401 and 402.
This is not a significant regulatory
action and, therefore, was not subject to
review under Section 6(b) of Executive
Order 12866, Regulatory Planning and
Review, dated September 30, 1993. This
rule is not a major rule under 5 U.S.C.
804.
Dated: September 26, 2006.
Ralph De Stefano
Director, Contract Policy Division.
B. Regulatory Flexibility Act
3. Amend section 52.230–4 by
revising the section and clause headings
and the clause to read as follows:
The Councils do not expect this
proposed rule to have a significant
economic impact on a substantial
number of small entities within the
meaning of the Regulatory Flexibility
Act, 5 U.S.C. 601, et seq., because
contracts and subcontracts awarded to
small businesses are exempt from the
Cost Accounting Standards. An Initial
Regulatory Flexibility Analysis has,
therefore, not been performed. We invite
comments from small businesses and
other interested parties. The Councils
will consider comments from small
entities concerning the affected FAR
Parts 30 and 52 in accordance with 5
U.S.C. 610. Interested parties must
submit such comments separately and
should cite 5 U.S.C. 601, et seq. (FAR
case 2006–004), in correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does
not apply because the proposed changes
to the FAR do not impose information
collection requirements that require the
approval of the Office of Management
and Budget under 44 U.S.C. 3501, et
seq.
List of Subjects in 48 CFR Parts 30 and
52
PO 00000
Government procurement.
Frm 00032
Fmt 4702
Sfmt 4702
Therefore, DoD, GSA, and NASA
propose amending 48 CFR parts 30 and
52 as set forth below:
1. The authority citation for 48 CFR
parts 30 and 52 continues to read as
follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C.
chapter 137; and 42 U.S.C. 2473(c).
PART 30—COST ACCOUNTING
STANDARDS ADMINISTRATION
2. Amend section 30.201–4 by
revising paragraph (c) to read as follows:
30.201–4
Contract clauses.
*
*
*
*
*
(c) Disclosure and Consistency of Cost
Accounting Practices for Contracts
Awarded to Foreign Concerns. The
contracting officer shall insert the clause
at FAR 52.230–4, Disclosure and
Consistency of Cost Accounting
Practices for Contracts Awarded to
Foreign Concerns, in negotiated
contracts that are subject to CAS 401
and 402 under 48 CFR 9903.201–1(b)(4).
*
*
*
*
*
PART 52—SOLICITATION PROVISIONS
AND CONTRACT CLAUSES
52.230–4 Disclosure and Consistency of
Cost Accounting Practices for Contracts
Awarded to Foreign Concerns.
*
*
*
*
*
DISCLOSURE AND CONSISTENCY OF
COST ACCOUNTING PRACTICES FOR
CONTRACTS AWARDED TO FOREIGN
CONCERNS (DATE)
The Contractor agrees that it will
consistently follow the cost accounting
practices disclosed on FORM CASB DS–1 or
other disclosure form as permitted by 48 CFR
9903.202–1(e) in estimating, accumulating,
and reporting costs under this contract, and
comply with the requirements of CAS 401,
Consistency in Estimating, Accumulating,
and Reporting Costs, and CAS 402,
Consistency in Allocating Costs Incurred for
the Same Purpose. In the event the
Contractor fails to follow such practices, or
comply consistently with CAS 401 and 402,
it agrees that the contract price shall be
adjusted, together with interest, if such
failure results in increased cost paid by the
U.S. Government. Interest shall be computed
at the annual rate of interest established
under section 6621 of the Internal Revenue
Code of 1986 (26 U.S.C. 6621) from the time
payment by the Government was made to the
time adjustment is effected. The Contractor
agrees that the Disclosure Statement or other
form permitted, pursuant to 48 CFR
9903.202–1(e) shall be available for
inspection and use by authorized
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58340
Federal Register / Vol. 71, No. 191 / Tuesday, October 3, 2006 / Proposed Rules
representatives of the United States
Government.
Comments and materials received, as
well as supporting documentation used
in the preparation of this proposed rule,
will be available for public inspection,
by appointment, during normal business
hours at the Carlsbad Fish and Wildlife
Office at the above address.
FOR FURTHER INFORMATION CONTACT: Jim
Bartel, Field Supervisor, Carlsbad Fish
and Wildlife Office, telephone, 760/
431–9440.
SUPPLEMENTARY INFORMATION:
(End of clause)
[FR Doc. 06–8413 Filed 10–2–06; 8:45 am]
BILLING CODE 6820–EP–S
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
Public Comments Solicited
RIN 1018–AU77
Endangered and Threatened Wildlife
and Plants; Designation of Critical
Habitat for Ceanothus ophiochilus
(Vail Lake ceanothus) and
Fremontodendron mexicanum
(Mexican flannelbush)
Fish and Wildlife Service,
Interior.
ACTION: Proposed rule.
ycherry on PROD1PC64 with PROPOSALS
AGENCY:
SUMMARY: We, the U.S. Fish and
Wildlife Service (Service), propose to
designate critical habitat for Ceanothus
ophiochilus (Vail Lake ceanothus) and
Fremontodendron mexicanum (Mexican
flannelbush) pursuant to the
Endangered Species Act of 1973, as
amended (Act). In total, approximately
644 acres (ac) (262 hectares (ha)) are
proposed for the designation of critical
habitat for these two species.
Approximately 283 ac (115 ha) of land
in Riverside County, California, are
being proposed as critical habitat for C.
ophiochilus, and approximately 361 ac
(147 ha) of land in San Diego County,
California, are being proposed as critical
habitat for F. mexicanum.
DATES: We will accept comments from
all interested parties until December 4,
2006. We must receive requests for
public hearings, in writing, at one of the
addresses shown in the ADDRESSES
section by November 17, 2006.
ADDRESSES: If you wish to comment on
the proposed rule, you may submit your
written comments and information by
any of the following methods:
(1) E-mail:
fw8cfwocomments@fws.gov. Include
‘‘RIN 1018–AU77’’ in the subject line.
Please see the Public Comments
Solicited section under SUPPLEMENTARY
INFORMATION.
(2) Fax: 760/431–9624.
(3) U.S. mail or hand-delivery: Jim
Bartel, Field Supervisor, Carlsbad Fish
and Wildlife Office, 6010 Hidden Valley
Road, Carlsbad, CA 92011.
(4) Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments.
VerDate Aug<31>2005
15:42 Oct 02, 2006
Jkt 211001
We intend that any final action
resulting from this proposal will be as
accurate and as effective as possible.
Therefore, comments or suggestions
from the public, other concerned
governmental agencies, the scientific
community, industry, or any other
interested party concerning this
proposed rule are hereby solicited.
Comments particularly are sought
concerning:
(1) The reasons any habitat should or
should not be determined to be critical
habitat as provided by section 4 of the
Act (16 U.S.C. 1531 et seq.), including
whether it is prudent to designate
critical habitat;
(2) Specific information on the
amount and distribution of Ceanothus
ophiochilus or Fremontodendron
mexicanum habitat, what areas should
be included in the designations that
were occupied at the time of listing that
contain the features that are essential for
the conservation of the species, and
what areas that were not occupied at the
listing are essential to the conservation
of the species and why;
(3) Land use designations and current
or planned activities in the mapped
critical habitat subunits and their
possible effects on proposed critical
habitat;
(4) We are proposing to exclude nonFederal lands targeted for conservation
within the Western Riverside County
MSHCP from the final designation of
critical habitat for Ceanothus
ophiochilus under section 4(b)(2) of the
Act (see Exclusions Under Section
4(b)(2) of the Act for details on the
Western Riverside MSHCP). Please
provide information concerning
whether the benefits of exclusion of any
of these specific areas outweigh the
benefits of their inclusion under section
4(b)(2) of the Act. If the Secretary
determines the benefits of including
these lands outweigh the benefits of
excluding them, they will not be
excluded from critical habitat;
(5) The appropriateness of excluding
lands that contain Fremontodendron
mexicanum occurrences within areas of
PO 00000
Frm 00033
Fmt 4702
Sfmt 4702
the San Diego MSCP and areas of the
BLM Otay Mountain Wilderness
covered by the 1994 multiple agency
MOU (MOU 1994) from the final
designation of critical habitat.
Fremontodendron mexicanum is not
covered by the MSCP; however, other
species that co-occur with F.
mexicanum are covered by the MSCP.
Please provide comments whether the
protection and management of the
habitat for these co-occurring species is
adequate to justify the exclusion of
these lands under section 4(b)(2) of the
Act. Also, we are seeking any
information on the benefits of including
or excluding these lands from the
critical habitat designation;
(6) The appropriateness of including
lands in the Agua Tibia Mountains
owned by the U.S. Forest Service and
managed under its Land Management
Plans for the Four Southern California
National Forests from the final
designation of critical habitat for
Ceanothus ophiochilus. Please provide
comments on how implementation of
the management plan(s) in the Agua
Tibia Mountains will or will not provide
for conservation for C. ophiochilus. Also
provide information on any
minimization measures or monitoring
plans for C. ophiochilus that will help
insure that the occurrences of C.
ophiochilus remain healthy and viable
in the Cleveland National Forest.
Finally, provide comments on the
benefits of including or excluding these
lands from the critical habitat
designation;
(7) Any foreseeable economic,
national security, or other potential
impacts resulting from the proposed
designation and, in particular, any
impacts on small entities;
(8) Whether our approach to
designating critical habitat could be
improved or modified in any way to
provide for greater public participation
and understanding, or to assist us in
accommodating public concerns and
comments;
(9) Information concerning pollinator
species for Ceanothus ophiochilus or
Fremontodendron mexicanum and
whether sufficient information exists to
determine if such a biological feature
should be considered a primary
constituent element for either of these
species (please see ‘‘Primary Constituent
Elements’’ section of this proposed rule
for a detailed discussion);
(10) Whether any areas not currently
known to be occupied by either species,
but essential to the conservation of
either species, should be included in the
proposed designation; and
(11) Whether the benefit of exclusion
of any particular area outweighs the
E:\FR\FM\03OCP1.SGM
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]]>Agencies
[Federal Register Volume 71, Number 191 (Tuesday, October 3, 2006)]
[Proposed Rules]
[Pages 58338-58340]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-8413]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 30 and 52
[FAR Case 2006-004; Docket 2006-0020; Sequence 10]
RIN 9000-AK58
Federal Acquisition Regulation; FAR Case 2006-004, FAR Part 30 -
CAS Administration
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils) are proposing to amend the
Federal Acquisition Regulation (FAR) to implement recommendations to
revise the regulations related to the administration of the Cost
Accounting Standards (CAS).
DATES: Interested parties should submit written comments to the FAR
Secretariat on or before December 4, 2006 to be considered in the
formulation of a final rule.
ADDRESSES: Submit comments identified by FAR case 2006-004 by any of
the following methods:
[[Page 58339]]
Federal eRulemaking Portal: https://www.regulations.gov.
Search for any document by first selecting the proper document types
and selecting ``Federal Acquisition Regulation'' as the agency of
choice. At the ``Keyword'' prompt, type in the FAR case number (for
example, FAR Case 2006-001) and click on the ``Submit'' button. You may
also search for any document by clicking on the ``Advanced search/
document search'' tab at the top of the screen, selecting from the
agency field ``Federal Acquisition Regulation'', and typing the FAR
case number in the keyword field. Select the ``Submit'' button.
Fax: 202-501-4067.
Mail: General Services Administration, Regulatory
Secretariat (VIR), 1800 F Street, NW, Room 4035, ATTN: Laurieann
Duarte, Washington, DC 20405.
Instructions: Please submit comments only and cite FAR case 2006-
004 in all correspondence related to this case. All comments received
will be posted without change to https://www.regulations.gov, including
any personal and/or business confidential information provided.
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
Jeremy Olson, at (202) 501-3221. For information pertaining to status
or publication schedules, contact the FAR Secretariat at (202) 501-
4755. Please cite FAR case 2006-004.
SUPPLEMENTARY INFORMATION:
A. Background
On May 23, 2005, the Cost Accounting Standards Board published an
interim rule in the Federal Register at 70 FR 29457 revising the
applicability of CAS to U.K. contracts and subcontracts. The interim
rule effected three changes in this regard:
Amendment of 48 CFR 9903.202-1(e) to add the U.K. to the
list of countries whose contractors may file a disclosure form adopted
by an agency of their own government in lieu of the CASB-DS-1. As a
result, U.K. contractors are permitted to file the U.K. ``Questionnaire
on Method of Allocation of Costs'' and ``Supplemental QMAC.''
Deletion of the CAS exemption at 48 CFR 9902.201-1(b)(12).
Henceforth, all foreign contracts and subcontracts, including U.K.
contracts and subcontracts, are subject to the requirements at 48 CFR
9903.201-1(b)(4) and must comply with CAS 401 and 402.
Deletion of 48 CFR 9903.201-4(d), Consistency in Cost
Accounting Practices. This contract clause is no longer appropriate for
inclusion in contracts with U.K. concerns.
In order to retain consistency between CAS and FAR in matters
relating to the administration of CAS, the Councils are proposing FAR
revisions as outlined below:
1. FAR 30.201-4(c), Consistency in Cost Accounting Practices. This
part is renamed as Disclosure and Consistency of Cost Accounting
Practices for Contracts Awarded to Foreign Concerns. It is also being
revised to delete the language related to contracts awarded to United
Kingdom contracts and to add language that addresses contracts subject
to CAS 401 and 402 under 48 CFR 9903.201-(1)(b)(4).
2. FAR 52.230-4, Consistency in Cost Accounting Practices. The
clause is renamed as Disclosure and Consistency of Cost Accounting
Practices for Contracts Awarded to Foreign Concerns. The clause is also
revised to specify that it applies to contracts awarded to foreign
concerns who are subject to CAS 401 and 402.
This is not a significant regulatory action and, therefore, was not
subject to review under Section 6(b) of Executive Order 12866,
Regulatory Planning and Review, dated September 30, 1993. This rule is
not a major rule under 5 U.S.C. 804.
B. Regulatory Flexibility Act
The Councils do not expect this proposed rule to have a significant
economic impact on a substantial number of small entities within the
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq.,
because contracts and subcontracts awarded to small businesses are
exempt from the Cost Accounting Standards. An Initial Regulatory
Flexibility Analysis has, therefore, not been performed. We invite
comments from small businesses and other interested parties. The
Councils will consider comments from small entities concerning the
affected FAR Parts 30 and 52 in accordance with 5 U.S.C. 610.
Interested parties must submit such comments separately and should cite
5 U.S.C. 601, et seq. (FAR case 2006-004), in correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the proposed
changes to the FAR do not impose information collection requirements
that require the approval of the Office of Management and Budget under
44 U.S.C. 3501, et seq.
List of Subjects in 48 CFR Parts 30 and 52
Government procurement.
Dated: September 26, 2006.
Ralph De Stefano
Director, Contract Policy Division.
Therefore, DoD, GSA, and NASA propose amending 48 CFR parts 30 and
52 as set forth below:
1. The authority citation for 48 CFR parts 30 and 52 continues to
read as follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42
U.S.C. 2473(c).
PART 30--COST ACCOUNTING STANDARDS ADMINISTRATION
2. Amend section 30.201-4 by revising paragraph (c) to read as
follows:
30.201-4 Contract clauses.
* * * * *
(c) Disclosure and Consistency of Cost Accounting Practices for
Contracts Awarded to Foreign Concerns. The contracting officer shall
insert the clause at FAR 52.230-4, Disclosure and Consistency of Cost
Accounting Practices for Contracts Awarded to Foreign Concerns, in
negotiated contracts that are subject to CAS 401 and 402 under 48 CFR
9903.201-1(b)(4).
* * * * *
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
3. Amend section 52.230-4 by revising the section and clause
headings and the clause to read as follows:
52.230-4 Disclosure and Consistency of Cost Accounting Practices for
Contracts Awarded to Foreign Concerns.
* * * * *
DISCLOSURE AND CONSISTENCY OF COST ACCOUNTING PRACTICES FOR
CONTRACTS AWARDED TO FOREIGN CONCERNS (DATE)
The Contractor agrees that it will consistently follow the cost
accounting practices disclosed on FORM CASB DS-1 or other disclosure
form as permitted by 48 CFR 9903.202-1(e) in estimating,
accumulating, and reporting costs under this contract, and comply
with the requirements of CAS 401, Consistency in Estimating,
Accumulating, and Reporting Costs, and CAS 402, Consistency in
Allocating Costs Incurred for the Same Purpose. In the event the
Contractor fails to follow such practices, or comply consistently
with CAS 401 and 402, it agrees that the contract price shall be
adjusted, together with interest, if such failure results in
increased cost paid by the U.S. Government. Interest shall be
computed at the annual rate of interest established under section
6621 of the Internal Revenue Code of 1986 (26 U.S.C. 6621) from the
time payment by the Government was made to the time adjustment is
effected. The Contractor agrees that the Disclosure Statement or
other form permitted, pursuant to 48 CFR 9903.202-1(e) shall be
available for inspection and use by authorized
[[Page 58340]]
representatives of the United States Government.
(End of clause)
[FR Doc. 06-8413 Filed 10-2-06; 8:45 am]
BILLING CODE 6820-EP-S
