Federal Acquisition Regulation; FAR Case 2007-002, Cost Accounting Standards (CAS) Administration and Associated Federal Acquisition Regulation Clauses, 40467-40468 [E9-19167]

Download as PDF Federal Register / Vol. 74, No. 153 / Tuesday, August 11, 2009 / Rules and Regulations 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 Department of Defense, the General Services Administration, and the National Aeronautics and Space Administration certify that this final rule will not 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 the incidence of the use of bonds secured by interest in real property is very low. C. Paperwork Reduction Act The Paperwork Reduction Act does not apply because the 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. Chapter 35, et seq. List of Subjects in 48 CFR Parts 28 and 52 Government procurement. Dated: August 4, 2009. Al Matera, Director, Office of Acquisition Policy. Therefore, DoD, GSA, and NASA amend 48 CFR parts 28 and 52 as set forth below: ■ 1. The authority citation for 48 CFR parts 28 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). 2. Amend section 28.203–3 by revising paragraph (a)(1) and removing from paragraph (d) ‘‘shall be’’ and adding ‘‘shall be signed by all owners of the property and’’ in its place. ■ The revised text reads as follows. srobinson on DSKHWCL6B1PROD with RULES5 Acceptance of real property. (a) * * * (1) A mortgagee title insurance policy, in an insurance amount equal to the amount of the lien, or other evidence of title that is consistent with the requirements of Section 2 of the United States Department of Justice Title Standards at https://www.usdoj.gov/ enrd/2001lTitlelStandards.html. This title evidence must show fee simple title vested in the surety along with any concurrent owners; whether any real estate taxes are due and payable; and any recorded encumbrances against the 21:07 Aug 10, 2009 Jkt 217001 3. Amend section 52.228–11 by— a. Revising the date of the clause; b. Removing from paragraph (b)(1) ‘‘and/or;’’ and adding ‘‘; and/or’’ in its place; and ■ c. Revising paragraph (b)(2)(i). ■ The revised text reads as follows: ■ ■ ■ 52.228–11 Pledges of Assets. * * * * * PLEDGES OF ASSETS (Sept 2009) * * * * * (b) * * * (2) * * * (i) A mortgagee title insurance policy, in an insurance amount equal to the amount of the lien, or other evidence of title that is consistent with the requirements of Section 2 of the United States Department of Justice Title Standards at https://www.usdoj.gov/ enrd/2001lTitlelStandards.html. This title evidence must show fee simple title vested in the surety along with any concurrent owners; whether any real estate taxes are due and payable; and any recorded encumbrances against the property, including the lien filed in favor of the Government as required by FAR 28.203–3(d); * * * * * BILLING CODE 6820–EP–S ■ VerDate Nov<24>2008 PART 52—SOLICITATION PROVISIONS AND CONTRACT CLAUSES [FR Doc. E9–19166 Filed 8–10–09; 8:45 am] PART 28—BONDS AND INSURANCE 28.203–3 property, including the lien filed in favor of the Government under paragraph (d) of this subsection. Agency contracting officers should request the assistance of their designated agency legal counsel in determining if the title evidence is consistent with the Department of Justice standards; * * * * * DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 30 and 52 [FAC 2005–36; FAR Case 2007–002; Item VI; Docket 2008–0001, Sequence 22] RIN 9000–AL09 Federal Acquisition Regulation; FAR Case 2007–002, Cost Accounting Standards (CAS) Administration and Associated Federal Acquisition Regulation Clauses AGENCIES: Department of Defense (DoD), General Services Administration (GSA), PO 00000 Frm 00011 Fmt 4701 Sfmt 4700 40467 and National Aeronautics and Space Administration (NASA). ACTION: Final rule. SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have agreed on a final rule amending the Federal Acquisition Regulation (FAR) to revise the contract clauses related to the administration of the Cost Accounting Standards (CAS) to maintain consistency between the FAR and CAS. DATES: Effective Date: August 11, 2009. FOR FURTHER INFORMATION CONTACT: For clarification of content, contact Mr. Edward N. Chambers, Procurement Analyst, at (202) 501–3221. For information pertaining to status or publication schedules, contact the FAR Secretariat at (202) 501–4755. Please cite FAR Case 2007–002. SUPPLEMENTARY INFORMATION: A. Background The CAS Board published a final rule in the Federal Register at 72 FR 32809 on June 14, 2007, revising the contract clauses for CAS administration. The final rule effected the following changes: • Amended the CAS applicability threshold to be the same as the threshold for compliance with the Truth in Negotiations Act (TINA) as required by section 822 of the 2006 National Defense Authorization Act (Pub. L. 109– 163). The TINA threshold is currently $650,000. • Changed the effective dates of 48 CFR 9903.201–3 and 48 CFR 9903.201– 4(a), (c), and (e) from April 2000 and June 2000, respectively, to June 2007. The CAS Board published a final rule in the Federal Register at 65 FR 37470 on June 14, 2000, revising the contract clauses for CAS administration. The final rule specified that the interest rate for overpayments by the Government under 48 CFR 9903.201–4(a), (c), and (e) shall be computed at the annual rate established under section 6621(a)(2) of the Internal Revenue Code of 1986 (26 U.S.C. 6621(a)(2)). In order to maintain consistency between CAS and FAR, the Councils issued an interim rule revising 30.201– 4 and 50.230–1 through 50.230–5. This final rule adopts, without change, the interim rule published in the Federal Register at 73 FR 54011 on September 17, 2008. No public comments were received in response to the interim rule. This is not a significant regulatory action and, therefore, was not subject to review under Section 6(b) of Executive E:\FR\FM\11AUR5.SGM 11AUR5 40468 Federal Register / Vol. 74, No. 153 / Tuesday, August 11, 2009 / Rules and Regulations 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 Department of Defense, the General Services Administration, and the National Aeronautics and Space Administration certify that this final rule will not have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act, at 5 U.S.C. 601, et seq., because contracts and subcontracts awarded to small businesses are exempt from the Cost Accounting Standards. C. Paperwork Reduction Act The Paperwork Reduction Act does not apply because the 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. Chapter 35, et seq. List of Subjects in 48 CFR Parts 30 and 52 Government procurement. SUMMARY: This document makes amendments to the Federal Acquisition Regulation in order to make editorial changes. DATES: Effective Date: August 11, 2009. FOR FURTHER INFORMATION CONTACT: The Regulatory Secretariat, 1800 F Street, NW., Room 4041, Washington, DC, 20405, (202) 501–4755, for information pertaining to status or publication schedules. Please cite FAC 2005–35, Technical Amendments. SUPPLEMENTARY INFORMATION: This document makes amendments to the Federal Acquisition Regulation in order to make editorial changes. List of Subjects in 48 CFR Parts 32 and 52 Government procurement. Dated: August 4, 2009. Al Matera, Director, Office of Acquisition Policy. Therefore, DoD, GSA, and NASA amend 48 CFR parts 32 and 52 as set forth below: ■ 1. The authority citation for 48 CFR parts 32 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). Dated: August 4, 2009. Al Matera, Director, Office of Acquisition Policy. PART 32—CONTRACT FINANCING Interim Rule Adopted as Final Without Change Accordingly, the interim rule amending 48 CFR parts 30 and 52, which was published in the Federal Register at 73 FR 54011 on September 17, 2008, is adopted as a final rule without change. ■ 32.503–9 PART 52—SOLICITATION PROVISIONS AND CONTRACT CLAUSES [FR Doc. E9–19167 Filed 8–10–09; 8:45 am] 52.213–4 BILLING CODE 6820–EP–S 3. Amend section 52.213–4 by revising the date of the clause; and removing from paragraph (a)(2)(vi) ‘‘(Mar 2009’’) and adding August 11, 2009 in its place. ■ 4. Amend section 52.244–6 by— ■ a. Revising the date of the clause; and ■ b. Revising paragraphs (c)(1)(i), (c)(1)(ii), (c)(1)(iii), (c)(1)(vii), and (c)(1)(ix) to read as follows:52.244–6 Subcontracts for Commercial Items. * * * * * GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 32 and 52 [FAC 2005–36; Item VII; Docket 2009–0003, Sequence 4] Federal Acquisition Regulation; Technical Amendments Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Final rule. AGENCIES: VerDate Nov<24>2008 21:07 Aug 10, 2009 Jkt 217001 [Amended] [FR Doc. E9–19168 Filed 8–10–09; 8:45 am] BILLING CODE 6820–EP–S DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION ■ DEPARTMENT OF DEFENSE srobinson on DSKHWCL6B1PROD with RULES5 [Amended] 2. Amend section 32.503–9 in paragraph (a)(7) by removing paragraph ‘‘(a)(4’’) and adding paragraph ‘‘(a)(5’’) in its place. ■ of violation of the civil False Claims Act or of Federal criminal law shall be directed to the agency Office of the Inspector General, with a copy to the Contracting Officer. (ii) 52.203–15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Section 1553 of Pub. L. 111–5), if the subcontract is funded under the Recovery Act.(iii) 52.219–8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), if the subcontract offers further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219–8 in lower tier subcontracts that offer subcontracting opportunities. * * * * * (vii) 52.222–39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201), if flow down is required in accordance with paragraph (g) of FAR clause 52.222–39). * * * * * (ix) 52.247–64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. App. 1241 and 10 U.S.C. 2631), if flow down is required in accordance with paragraph (d) of FAR clause 52.247–64. * * * * * SUBCONTRACTS FOR COMMERCIAL ITEMS (August 11, 2009) * * * * * (c)(1) * * * (i) 52.203–13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub. L. 110–252, Title VI, Chapter 1 (41 U.S.C. 251 note)), if the subcontract exceeds $5,000,000 and has a performance period of more than 120 days. In altering this clause to identify the appropriate parties, all disclosures PO 00000 Frm 00012 Fmt 4701 Sfmt 4700 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Chapter 1 [Docket FAR 2009–0002, Sequence 7] Federal Acquisition Regulation; Federal Acquisition Circular 2005–36; Small Entity Compliance Guide AGENCIES: Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Small Entity Compliance Guide. SUMMARY: This document is issued under the joint authority of the Secretary of Defense, the Administrator of General Services and the Administrator of the National Aeronautics and Space Administration. This Small Entity Compliance Guide E:\FR\FM\11AUR5.SGM 11AUR5

Agencies

[Federal Register Volume 74, Number 153 (Tuesday, August 11, 2009)]
[Rules and Regulations]
[Pages 40467-40468]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-19167]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 30 and 52

[FAC 2005-36; FAR Case 2007-002; Item VI; Docket 2008-0001, Sequence 
22]
RIN 9000-AL09


Federal Acquisition Regulation; FAR Case 2007-002, Cost 
Accounting Standards (CAS) Administration and Associated Federal 
Acquisition Regulation Clauses

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

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council (Councils) have agreed on a final rule 
amending the Federal Acquisition Regulation (FAR) to revise the 
contract clauses related to the administration of the Cost Accounting 
Standards (CAS) to maintain consistency between the FAR and CAS.

DATES: Effective Date: August 11, 2009.

FOR FURTHER INFORMATION CONTACT: For clarification of content, contact 
Mr. Edward N. Chambers, Procurement Analyst, at (202) 501-3221. For 
information pertaining to status or publication schedules, contact the 
FAR Secretariat at (202) 501-4755. Please cite FAR Case 2007-002.

SUPPLEMENTARY INFORMATION:

A. Background

    The CAS Board published a final rule in the Federal Register at 72 
FR 32809 on June 14, 2007, revising the contract clauses for CAS 
administration. The final rule effected the following changes:
     Amended the CAS applicability threshold to be the same as 
the threshold for compliance with the Truth in Negotiations Act (TINA) 
as required by section 822 of the 2006 National Defense Authorization 
Act (Pub. L. 109-163). The TINA threshold is currently $650,000.
     Changed the effective dates of 48 CFR 9903.201-3 and 48 
CFR 9903.201-4(a), (c), and (e) from April 2000 and June 2000, 
respectively, to June 2007.
    The CAS Board published a final rule in the Federal Register at 65 
FR 37470 on June 14, 2000, revising the contract clauses for CAS 
administration. The final rule specified that the interest rate for 
overpayments by the Government under 48 CFR 9903.201-4(a), (c), and (e) 
shall be computed at the annual rate established under section 
6621(a)(2) of the Internal Revenue Code of 1986 (26 U.S.C. 6621(a)(2)).
    In order to maintain consistency between CAS and FAR, the Councils 
issued an interim rule revising 30.201-4 and 50.230-1 through 50.230-5.
    This final rule adopts, without change, the interim rule published 
in the Federal Register at 73 FR 54011 on September 17, 2008. No public 
comments were received in response to the interim rule.
    This is not a significant regulatory action and, therefore, was not 
subject to review under Section 6(b) of Executive

[[Page 40468]]

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 Department of Defense, the General Services Administration, and 
the National Aeronautics and Space Administration certify that this 
final rule will not have a significant economic impact on a substantial 
number of small entities within the meaning of the Regulatory 
Flexibility Act, at 5 U.S.C. 601, et seq., because contracts and 
subcontracts awarded to small businesses are exempt from the Cost 
Accounting Standards.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the 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. 
Chapter 35, et seq.

List of Subjects in 48 CFR Parts 30 and 52

    Government procurement.

    Dated: August 4, 2009.
Al Matera,
Director, Office of Acquisition Policy.

Interim Rule Adopted as Final Without Change

0
Accordingly, the interim rule amending 48 CFR parts 30 and 52, which 
was published in the Federal Register at 73 FR 54011 on September 17, 
2008, is adopted as a final rule without change.
[FR Doc. E9-19167 Filed 8-10-09; 8:45 am]
BILLING CODE 6820-EP-S

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